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HomeMy WebLinkAboutContracts & Agreements_87-2001_CCv0001.pdf AGREEMENT TO FURNISH ENGINEERING SERVICES FOR OPERATION AND EXPANSION OF THE CALIFORNIA STREET LANDFILL This Agreement is made and entered into this 19th day of June 2001, by and between the City of Redlands. a municipal corporation (hereinafter "City") and Vector Engineering. Inc.. hereinafter ("Engineer"). In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and Engineer hereby agree as follows: ARTICLE I - ENGAGEMENT OF ENGINEER 1.1 City hereby engages Engineer, and Engineer hereby accepts the engagement, to perform professional engineering services for operational support and expansion of the City's California Street Landfill, located at 2151 Nevada Street, Redlands,California("Project"). 1.2 The Services shall be performed by Engineer in a professional manner, and Engineer represents that it has the skill and the professional expertise necessary to provide high quality Services for the Project at the level of competency presently maintained by other practicing professional Engineers in the industry providing like and similar types of services. ARTICLE 2 - SERVICES OF ENGINEER 2.1 The specific Services which Engineer shall perform are more particularly described in Attachment"A,"entitled"Scope of Work,"which is attached hereto and incorporated herein by this reference. ARTICLE 3 --RESPONSIBILITIES OF CITY 3.1 City is pertinent to the City shall make available to Engineer information in its possession performance of Engineer's Services. 3.2 City will provide access to and make provisions for Engineer to enter upon City-owned property as required by Engineer to perform the Services. 3.3 City designates Lonnie Young, Project Manager, to act as its representative with respect to the Services to be performed under this Agreement. ARTICLE 4 -.PERIOD OF SERVICE 4.1 Engineer shall perform the Services in a diligent manner and in accordance with the schedule set forth in Attachment B - Project Schedule. I ARTICLE 5 - PAYMENTS TO THE ENGINEER 5,1 The total compensation for Engineer's performance of the Services shall not exceed $122,190 in accordance with Attachment C - Project Costs. City shall pay Engineer on a time and materials basis at the hourly rates shown in Attachment D - Fee Schedule. 5.2 Engineer shall bill City within ten days following the close of each month by submitting an invoice indicating the Services performed, who performed the Services, indirect costs, and the detailed cost of all Services including backup documentation. Payments by City to Engineer shall be made within 30 days after receipt and approval of Engineer's invoice, by wan-ant payable to Engineer. 5.3 All contractual notices, bills and payments shall be made in writing and may be given by c personal delivery or by mail. Notices,bills and payments sent by mail shall be addressed as follows: Citv Engineer Gary Van Dorst Scott Purdy, President, CEO Solid Waste Division Vector Engineering, Inc. 35 Cajon Street 12438 Loma Rica Dr., Suite C P. O. Box 3005 Grass Valley, CA 95945 Redlands, CA 92373 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. In all other instances,notices,bill and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices,bills, and payments are to be given by giving notice pursuant to this paragraph. ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6.1 Engineer shall maintain worker's compensation insurance and, in addition, shall maintain insurance to protect City from claims for damage due to bodily injury, personal injury and death, and claims for injury to or destruction of tangible property while performing the Services required by this Agreement. Said public liability and property damage insurance shall be in a minimum combined single limit of$1,000,000,and in the aggregate. Engineer shall provide automobile liability,and, in addition, shall maintain insurance to protect City from claims for damage due to bodily injury,personal injury and death,and claims for injury to or destruction of tangible property while performing the Services required by this Agreement. Said public liability and property damage insurance shall be in a minimum combined single limit of $2,000,000, and in the aggregate. Engineer shall maintain professional liability insurance in the aggregate amount of$1,000,000 with a minimum of $500,000 per occurrence. Automobile liability shall be in a minimum$500,000 blanket,and 2 $50,000 per occurrence,to be obtained within 30 days. City shall be named as an additional insured under all policies for public liability, property damage and comprehensive automobile liability and professional liability insurance,and such insurance shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by the City. Engineer shall provide City with certificates of insurance evidencing such insurance coverage prior to commencing the Services. 6.2 Engineer shall indemnify, hold harmless and defend City and its elected officials, officers, agents and employees from and against all claims, loss, damage, charges or expense, to which it or any of them may be put or subjected to the extent that they arise out of or result from any willful or negligent act or actions, omission or failure to act on the part of the Engineer,its contractors,its suppliers,anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them maybe liable in the performance of the Services required by this Agreement. ARTICLE 7 - GENERAL CONSIDERATIONS 7.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees. 7.2 Engineer shall not assign any of the Services required by this Agreement, except with the prior written approval of City and in strict compliance with the terms, provisions and conditions of this Agreement. 7.3 Engineer's key personnel for the Project will be Scott Purdy. Engineer agrees that the key personnel shall be made available and assigned to the Project, and that they shall not be replaced without concurrence from City. 7.4 All documents, records, drawings, designs, costs estimates, electronic data files and databases and other project documents developed by the Engineer pursuant to this Agreement shall become the property of City and shall be delivered to City upon completion of the Services or upon the request of City. Any reuse of such documents for other projects and any use of incomplete documents will be at City's sole risk. 7.5 Engineer is for all purposes an independent contractor. All personnel employed by Engineer are for its account only, and in no event shall Engineer or any personnel retained by it be deemed to have been employed by City or engaged by City for the account of or on behalf of City. 7.6 Nothing in this Agreement shall give Engineer authority with respect to any City decision beyond the consulting services as outlined herein and specifically as set forth in Attachment "A","Scope of Work,"and the rendition of information,advice,recommendation or counsel. 3 7.7 Engineer shall supply all tools and instrumentalities required to perform the consulting services in this Agreement. 7.8 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance by City of the Services. 7.9 This Agreement may be terminated by either party, without cause, by providing thirty (30) days prior written notice to the other(delivered by certified mail, return receipt requested) of intent to terminate. TIO Upon receipt of a termination notice, Engineer shall (1) promptly discontinue all services affected,and(2)deliver or otherwise make available to City,copies(in both hard copy and electronic form,where applicable), of any data,design calculations,drawings,specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Engineer in performing the Services required by this Agreement. 7.11 Engineer shall maintain books and accounts of all Project related payroll costs and all expenses. Such books shall be available at all reasonable times for examination by the City at the office of Engineer. 7.12 This Agreement shall be governed by and construed in accordance with the laws of the State of California. 4 IN WITNESS WHEREOF,duly authorized representatives of the City and Engineer have signed in confirmation of this Agreement. City of Redlands Vector Engineering, Inc. ("Engineer") By: By: PAT GILBREATH SCOTT PLfRDY Mayor President ATTEST: CiMKClerk,CiPfedlands S AGREEMENT TO FURNISH ENGINEERING SERVICES FOR OPERATION AND EXPANSION OF THE CALIFORNIA STREET LANDFILL ATTACHMENT A SCOPE OF WORK 6 ATTACHMENT A- SCOPE OF WORK Task I —Operations Support Operational support is necessary to address rapid field changes that may occur as the top deck fill area is reduced to minimize loss of capacity and ensure that testing and record filing is conducted on schedule. Our staff W`111 provide assistance and supervision to the City's on-site representative and other landfill personnel in fill techniques, drainage enhancements, berms, roads,excavation, winter decks, sequencing, compaction. and other items as necessary. Our representative will utilize interim fill sequencing plans prepared by Vector as part of this task to assist and supervise staff at the landfill. Our staff will visit the site to review progress and monitor compliance once every two months over the 18-month-working period. Scott Purdy, Vector's president and project manager for this job, will supervise the updated interim fill sequencing plans and meet in the field with the City's site personnel to ensure compliance. Interim phase planning is necessary to keep the field operations running smoothly, avoid loss of volume, and ensure that any transitions to future cells occur with a minimum of disruption and costs. This task will involve landfill master planning under the current final grading plan. The landfill master planning (interim phase planning) will involve the preparation of fill sequencing drawings showing the landfill operator where to place refuse on a weekly basis. Vector will utilize the existing drawings prepared during our previous work as a foundation for our drawings. Vector will also utilize the survey information provided by the City's surveyor to locate the current waste location on the top deck. In addition to refuse fill sequencing,Vector will also prepare excavation drawings gs detailing the removal of cover soil from the borrow area. The base topographic drawing was updated by the City's surveyor following the October 2000 fly-over. It will be updated again following the October 2001 fly-over. The fill sequencing and master plan drawings will be updated using the most current base topographic map. In addition to showing the fill sequencing, the master plan drawings will be updated to show the location of roads, winter decks, drainage structures, etc. These drawings will be updated and/or modified as necessary and will be used by Vector's project manager when he meets with the landfill tD supervisor and operators. The drawings will be dated and will provide six months of fill sequencing. The cover material used at the site will affect both field operations and site life. Part of the operational support will include the testing and analysis of potential off-site sources of borrow material that will be used for daily, interim, and final cover. As the material is identified, samples will be shipped to Vector's Grass Valley soils laboratory for testing. Each source will be evaluated for grain size distribution, Atterberg limits, modified Proctor, and hydraulic conductivity. The results of the analyses will be provided to the City along with a recommendation as to the suitability of the material for its intended use. A total of ten series of off-site borrow material tests have been budgeted. 7 Budget e e has also been provided as a contingency for six meetings to b held at the request of the City over the next one and one half years. Deliverables Vector will provide copies of all documents prepared for the City in hard copy and electronic format. A copy of the drawings will be provided to the City and the site operations manager. Vector will provide minutes of all site visits and interim fill drawings on a periodic six-month basis. For the soils testing, Vector will include letter reports with the findings of the off-site borrow evaluations. TASK 2—JOINT TECHNICAL DOCUMENTIEXPANSION PERMITTING A draft Joint Technical Document (JTD) was prepared by Vector and provided to the City and the EIR Consultant. The design issues involved with the expansion of the California Street Landfill, which were incorporated into the JTD, were also reviewed with the Regional Water Quality Control Board. Since the draft JTD was submitted, several issues have arisen that require revisions and amendments to the JTD. These revisions and amendments are described in the following paragraphs. Based on recent property boundary clarifications, it was discovered that refuse filling took place very close to the property boundary along the northwest and western edge of the landfill. The addition of landfill closure cap over this area would result in placement over the property line. Since an area along the lower northern boundary of the landfill was previously accepted in-place as final cap material, Vector is proposing to conduct the same evaluation on the northwest and western boundaries to determine whether these soils are acceptable for final cover. In order to gain acceptance of the in-place material as final cover, a field investigation and technical justification must be conducted. The field investigation will consist of pot-holing the depth of cover, conducting soils analyses on the cover material, performing infiltration modeling, and preparing a technical justification and permit revision. This work will be conducted and incorporated into the final JTD so no separate permitting is required. The City has requested that a transfer station/load consolidation area be included in the expansion drawings. Vector will modify the current expansion drawing to include this area. As discussed, the transfer station/load consolidation area will be located on the western edge of the expansion. This will allow the City to use the area as tong as possible prior to relocating the transfer station and converting the area to landfill. The borrow area to the south of the current active landfill is under an operating CLT that allows the depth of excavation to be no deeper than 25 feet below grade. The expansion of the site, which will move south of the current active landfill has excavation depths up to 50 feet. Vector will perform a borrow evaluation and planning to determine when the current CUP depth of 25 feet will be exceeded. At that point, the current CUP will be replaced with a new pen-nit. Vector will attempt to cut the current borrow area in such a way that the CSL and borrow area can 8 continue to operate under the existing CUP's, SWFP and reclamation plan until the revised SWFP is in place. When the design report for the expansion was provided to the RWQCB for review, they sent the information on slope stability to the State Division of Water Resources. During their review, DWR stated that they would not accept more that six inches of displacement during a seismic event. The industry standard is 12 inches and this displacement has been widely accepted by other Regional Boards in the State. The Santa Ana RWQCB stated that they would go by the DWR recommendation of six inches and that new supporting data for the existing design must be provided or the design at the California Street Landfill would have to be modified. In each instance, the City must demonstrate that the mandated maximum displacement value is not exceeded. Vector will revise the final fill configuration (if necessary) and conduct additional slope stability work to come into compliance with the DWR's recommendations. Since Vector last completed work on the JTD, the City has updated waste quantities and volumes. This new information will be included in the JTD and tables and graphs updated accordingly. In addition, the October 2000 fly-over has been completed and the new topography is available. Vector will transfer this new topography onto its design drawings and modify them as necessary. Vector will research closure requirements for the inactive landfill area east of the water treatment plant. Vector will develop recommendations for closure of this section of the landfill. Deliverables Revised and updated Joint Technical' Document. Recommendation for an in-place final cap along the northwestern and western site boundaries including an evaluation report. Drawings showing the location of a transfer station/load consolidation area. Revised stability calculations and modified expansion fill drawings complying with the mandated six inches of displacement. Revised drawings showing the updated 2000 topography of the site. A letter report presenting recommendationsill. on the closure of the East Side Landf 9 AGREEMENT TO FURNISH ENGINEERING SERVICES FOR OPERATION AND EXPANSION OF THE CALIFORNIA STREET LANDFILL ATTACHMENT B PROJECT SCHEDULE 10 ii ( ) �Task Name El =,OPERATIONS SUPPORT IM I El- site Visits � - . - . • . 1:1 M sil F I I MY MOM. MOON. i[ ,■■■■: ■■■■ i■ _ ■■■■■■■■■■■■■■■■■■ Ml Im ■■■■■■■■■■■■■■■■ W_ Cup Modification El ..........■■.■.... = • i - / W ■■■ ii �■■i. .■■■■■■■t Regulator Review ■■■� ■■� __ 'M_ --,MEMO = ■■■■■■■■■■■■■■■■■■t ME _ MIMMEMMONEEMEMEMEMME AGREEMENT TO FURNISH ENGINEERING SERVICES FOR OPERATION AND EXPANSION OF THE CALIFORNIA STREET LANDFILL ATTACHMENT C PROJECT FEE 12 ................ CALIFORNIA STREET LANDFILL - HORIZONTAL EXPANSION ENGINEERING SERVICES 981020.10 PROJECT FEES/RATE SCHEDULE BUDGET REMAINING -P.O. #--------- Month of March 2001 Budgeted Previous Current Remain-i-on-g Task I -Operations Support Hours Costs Hours Costs Hours Costs Hours Csts X01t Purdy -CEG $100/hr Woodward/Ramey/Twede $90/hr 180 $ 18,000 0 $ 180 $ 18,()00.00 Russell$75/hr 120 $ jo,800 0 $ - 0 $ 120 $ 10,800.00 Dodge/Campbell-Lund $65/hr 180 $ 13,500 0 $ - 0 $ - 180 $ 13,500.00 Butler$40/hr 160 $ 10,400 0 $ - 0 $ - 160 $ 1 .00 Total-Task 1 32 $ 1,280 0 $ - 0 $ - 32 $ 1,280,00 672, $ 53,980 0 $ Task 2-Joint Technical Document/Expansion Permitting 0 $ - 672 $ 53,980.00 Scott Purdy -k-tU 4000/hr 120 $ 12,000 0 $ Woodward/Ramey/Twede $90/hr 220 $ 19,800 0 $ 0 $ - 120 $ 12,000.00 Russell$75/hr 140 $ 10,500 0 $ 0 $ - 220 19,800,00 Dodge/Campbell-Lund $65/hr 0 $ - 1 $ 10,500.00 1 80 $ 1''60 2 0 10.80 180 $E $ 13�50 6 0 $ 10 0,400 Butler$40/hr 180 $ 11,700 0 $ 0 $ 180 $ -11,700.00 Soil Laboratory Testing 64 $ 2,560 0 $ 0 $ 64 $ 2,560.00 Total -Task 2 1 $ 11,650 0 $ 0 $ I 724 $ 68210 1 $ 11,6%00 1: Project Costs Total _ise 0 $ 0 $ 4 $ 68,210.00 01 $ $ '�90 f A1396 $ 122,190 Vector Engineering, Inc, Job No. 981020.10 AGREEMENT TO FURNISH ENGINEERING SERVICES FOR OPERATION AND EXPANSION OF THE CALIFORNIA STREET LANDFILL ATTACHMENT D FEE SCHEDULE 14 A TTA CITY 4F R'EDLANDS CNMENT D - FE SCNEQULE Arincipa! Professional Scot# Purdy, C.E.G. $100.00 Senior Professional Thomas Woodward, P.E. $ 90.00 Todd Ramey, P.E. $ 90.00 Mark Twede, P.E. $ 90.00 Prosect professional Jake Russell, E.I.T. $ 75.00 219ff Professional Matt Dodge, E.I.T. $ 65.00 Noah Campbell-Lund, E.I.T. $ 65.00 Clerk Amy Butler $ 40.00 Note: Rates are per hour.