HomeMy WebLinkAboutContracts & Agreements_24-2003_CCv0001.pdf AGREEMENT TO FURNISH CONSULTING SERVICES
FOR LANDFILL GAS ENGINEERING SUPPORT
AND REPORTING FOR THE CALIFORNIA STREET LANDFILL
This Agreement is made and entered into this 18th day of February 2003, by and between the City
of Redlands,a municipal corporation(hereinafter"City")and Janechek and Associates,hereinafter
("Consultant").
In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and
Consultant hereby agree as follows:
ARTICLE I - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant,and Consultant hereby accepts the engagement,to perform
professional engineering services ("Services") for landfill gas engineering support and
reporting for the operation 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 Consultant in a professional manner, and Consultant
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 CONSULTANT
2.1 The specific Services which Consultant 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 shall make available to Consultant information in its possession that is pertinent to the
performance of Consultant's Services.
3.2 City will provide access to and make provisions for Consultant to enter upon City-owned
property or right-of-way as required by Consultant to perform the Services.
3.3 City designates Gary Van Dorst,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 Consultant shall perform the Services in a prompt and diligent manner and in accordance
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with the schedule set forth in Attachment"B", entitled "Project Schedule".
ARTICLE 5 - PAYMENTS TO THE CONSULTANT AND NOTICE
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of$92,750. City shall pay Consultant on a time and materials basis up to the not to
exceed amount, in accordance with Attachment"C", entitled"Project Costs"based on the
hourly rates shown in Attachment"D", entitled "Fee Schedule".
5.2 Consultant 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
Consultant shall be made within 30 days after receipt and approval of Consultant's invoice,
by warrant payable to Consultant.
5.3 All contractual notices, bills and payments shall be made in writing and may be given by
personal delivery or by mail. Notices,bills and payments sent by mail shall be addressed as
follows:
Ci1y Consultant
Gary Van Dorst Alan Janechek, Principal
Solid Waste Division Janecheck and Associates
35 Cajon Street 248 Hill Place
P. O. Box 3005 Costa Mesa, CA 92627
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 Consultant's Insurance to be Primary
All insurance required by this Agreement is to be maintained by Consultant for the duration
of this Project and shall be primary with respect to City and non-contributing to any
insurance or self-insurance maintained by the City. Consultant shall not perform any
services pursuant to this Agreement unless and until all required insurance listed below is
obtained by Consultant. Consultant shall provided City with Certificates of Insurance and
endorsements evidencing such insurance prior to commencement of work-. All insurance
policies shall include a provision prohibiting cancellation of the policy except upon thirty
(3 0)days prior written notice to City.
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6.2 Workers' Compensation and Employer's Liability
A. Consultant shall secure and maintain Worker Compensation and Employer's
Liability insurance throughout the duration of this Agreement in amounts which meet
statutory requirements with an insurance carrier acceptable to the City.
B. Consultant expressly waives all rights to subrogation against the City, its officers,
employees and volunteers for losses arising from work performed by Consultant for
City by expressly waiving Consultant's immunity for injuries to Consultant's
employees and agrees that the obligation to indemnify, defend and hold harmless
provided for in this Agreement extends to any claim brought by or on behalf of any
employee of Consultant. This waiver is mutually negotiated by the parties. This
shall not apply to any damage resulting from the sole negligence of City, its agents
and employees. To the extent any of the damages referenced herein were caused by
or resulted from the concurrent negligence of City, its agents or employees, the
obligations provided herein to indemnify, defend and hold harmless is valid and
enforceable only to the extent of the negligence of Consultant,its officers,agents and
employees.
6.3 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force
throughout the duration of the Agreement comprehensive general liability insurance with
carriers acceptable to City. Minimum coverage of one million dollars ($1,000,000) per
occurrence and two million dollars ($2,000,000) aggregate for public liability, property
damage and personal injury is required. Consultant shall obtain an endorsement that City
shall be named as an additional insured.
6.4 Professional Liability Insurance. Consultant shall secure and maintain professional liability
insurance throughout the duration of this Agreement in the amount of one million dollars
($1,000,000)per claim made.
6.5 Business Auto Liability Insurance. Consultant shall have business auto liability coverage,
with minimum limits of one million($1,000,000)per occurrence,combined single limit for
bodily injury liability and property damage liability. This coverage shall include all
consultant owned vehicles used on the project,hired and non-owned vehicles,and employee
non-ownership vehicles. Consultant shall obtain an endorsement that the City shall be
named as an additional insured.
6.6 Assignment and Insurance Requirements. Consultant is expressly prohibited from subletting
or assigning any of the services covered by this Agreement without the express written
consent of City. In the event of mutual agreement between parties to sublet a portion of the
Services,the Consultant will add the subcontractor as an additional insured and provide the
City with the insurance endorsements prior to any work being performed by the
subcontractor. Assignment does not include printing or other customary reimbursable
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expenses that may be provided in this Agreement.
6.7 Hold Harmless and Indemnification. Consultant shall defend,indemnify,and hold harmless
City and its elected officials, employees and agents from and against any and all actions,
claims,demands,lawsuits,losses and liability for damages to persons or property,including
costs and attorney fees, that may be asserted or claimed by any person, firm, entity,
corporation,political subdivision or other organization arising out of or in connection with
Consultant's negligent and/or intentionally wrongful acts or omissions under this Agreement;
but excluding such actions, claims,demands, lawsuits and liability for damages to persons
or property arising from the sole negligence or intentionally wrongful acts of City, its
officers, employees or agents.
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 Consultant 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 Consultant's key personnel for the Project are:
Project Manager: Alan Janechek
Consultant 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 Consultant 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 Consultant is for all purposes an independent contractor. All personnel employed by
Consultant are for its account only, and in no event shall Consultant 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 Unless earlier terminated, as provided for below, this Agreement shall terminate upon
completion and acceptance by City of the Services.
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7.7 This Agreement may be terminated by the City, without cause, by providing ten (10) days
prior written notice to the Consultant(delivered by certified mail, return receipt requested)
of intent to terminate.
7.8 Upon receipt of a termination notice, Consultant 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 Consultant in performing the Services required by this Agreement.
7.9 This Agreement,including the attachments incorporated herein by reference,represents the
entire agreement and understanding between the par-ties and any prior negotiations,
proposals or oral agreements are superseded by this written Agreement. Any amendment to
this Agreement,to be effective,shall be in writing and approved by the City Council of City
and signed by City and Consultant.
7.10 This Agreement shall be governed by and construed in accordance with the laws of the State
of California.
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IN WITNESS WHEREOF,duly authorized representatives of the City and Consultant have signed
in confirmation of this Agreement.
City of Redlands Janecheck and Associates
("City") ("Consultant")
By. By.
KARL N. HAWS ALAN JANEC EK
Mayor Principal
ATTEST:
t
t
Ci Jerk, City of"nds
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ATTACHMENT A
SCOPE OF WORK
SERVICES for the LANDFILL GAS SYSTEM
at the
CALIFORNIA STREET LANDFILL
INTRODUCTION
This project will consist of three work tasks as described below to assist the City of
Redlands with issues related to the landfill gas (LFG) collection system at the
California Street Landfill. The proposed tasks are; Monitoring Support, Horizontal
Expansion Support/ and Engineering Support for Operations.
The proposed tasks include support for a twelve month period, from February, 2003
through January 31, 2004. Some of the annual tasks, such as the flare source
testing, include two annual events.
TASK 1: Monitoring Support
This task includes assisting the City of Redlands staff with monitoring of the LFG
collection system, including preparation of reports, maintenance of the LFG database
and technician assistance. The major items of work are described below:
1. Monitoring Assistance - This item consists of providing assistance to
City staff when conducting the required SCAOM[) monitoring and
adjusting and balancing the landfill gas collection system, balancing as
needed tosupport the LFG recovery facility.
2. Annual Inspection and Maintenance - This item consists of conducting
an annual inspection of the LFG collection system and flare station. A
report of recommendations will be submitted to the City. This item
also includes assisting the City staff in conducting annual maintenance
tasks. Two annual events are included in this scope mfwork.
3' SCAOMD Report Preparation - Thio item consists of assisting the City
with preparation of the SCAO»4D Quarterly report. Field data will also
be reviewed monthly as part of this item.
4' Miscellaneous Regulatory Support - This |tarn consists of support as
needed by the City for assistance with regulatory response and
negotiation.
5. Flare Source Test Assistance - This item will consist of providing
support tothe City during the annual flare source testing. Assistance
will include assistance with procurement of the testing company,
review of the source test protocol, observation of testing, and review
of the test report. Two annual events are included in this scope of
work.
G' Flare Source Test Subcontract - This item consists of providing a
source testing subcontractor to conduct the annual flare emissions
testing. Two annual events are included inthis scope of work.
TASK 2: Horizontal Expansion
This task consists of items of work related to design of additions to the LFG collection
system as part of the expansion of the landfill. The major items of work for this task
are described below:
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1. Landfill Expansion LFG System Design - This item will consist of
providing conceptual design of additions to the LFG collection system
as needed inconjunction vviththe |aOdfiUexpaOs1nndesign. ^
2. RDSI Preparation - This item consists of providing support for the
update of the RDSI for the LF{] collection and flare system. The
support includes updating as-bu||tsand site summaries bo reflect the
current LFGcollection and flare system configuration.
TASK 3: Engineering Support for Operations
Janaohek & Associates will provide assistance to the City for construction and
maintenance of the LFG collection system. The major items of work for engineering
support are discussed below:
1. Materials Purchase - This item provides a budget for orne|L non-
recurring material purchases related to construction or maintenance.
Materials will be provided on an as needed basis at the request of the
C}ty.
ATTACHMENT B
PROSECT SCHEDULE
PROJECT SCHEDULE
TASK COMPLETION DATE
Monitoring Support January 31,2004
Horizontal Expansion January 31,2004
Engineering Support for Operations January. 31,2004
ATTACHMENT C
PROJECT COSTS
JANECHEK AND ASSOCIATES
SCOPE OF WORK FEBRUARY 2003 - JANUARY 2004
CALIFORNIA STREET LANDFILL
TASK MONTHLY ANNUAL RATE SUBTOTAL
HOURS HOURS
MONITORING SUPPORT
MONITORING ASSISTANCE 16 288 82
- TECHNICIAN ASSISTANCE 16 288 40 $35,136.00
ANNUAL INSPECTION AND 48 82 $3,936.00
MAINTENANCE
SCAQMD REPORT PREPARATION 4 72 82 $5,904.00
AND DATA REVIEW
MISCELLANEOUS REGULATORY 100 82 $8,200.00
SUPPORT
MILEAGE 5400 0.35 $1,890.00
FLARE SOURCE TEST ASSISTANCE 48 82 $3,936.00
FLARE SOURCE TEST $14,000.00
SUBCONTRACT
SCAQMD ANNUAL LAB ANALYSIS $3,000.00
SUBTOTAL - MONITORING $76,002.00
SUPPORT
HORIZONTAL EXPANSION
LANDFILL EXPANSION LFG SYSTEM 80 82
DESIGN
-CAD DRAWING PREPARATION 40 45 $8,360.00
RDSI PREPARATION 24 82 $1,968.00
MILEAGE 1200 0.35 $420.00
SUBTOTAL - HORIZONTAL $10,748.00
EXPANSION
ENGINEERING SUPPORT FOR
OPERATIONS
MISCELLANEOUS MATERIAL $6,000.00
PURCHASES
SUBTOTAL - ENGINEERING SUPPORT FOR $6,000.00
OPERATIONS
TOTAL BUDGET ESTIMATE $92,750.00
ATTACHMENT D
FEE SCHEDULE
JANECHEK & ASSOCIATES
SCHEDULE of CHARGES
for
City of Redlands
Effective on Contract Start Date
1. For hourly workers, time worked in excess of eight hours per day
and weekend work will be charged at 1.5 times the hourly rate.
2. Outside services will include a 5% markup unless listed in the
project scope of work.
FEE SCHEDULE
Principal Engineer $82/hr
Electrical Engineer $90/hr
Electrical Designer $85/hr
Construction Manager $70/hr
Drafter $45/hr
Environmental Technician $40/hr
Construction Laborer $40/hr
Mileage $0.35/mi.
D-Size Plots (Mono) $18.00 each
D-Size Plots (Color) $32.00 each
Drawing Bluelines $7.50 each