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HomeMy WebLinkAboutContracts & Agreements_119-2002_CCv0001.pdf AGREEMENT TO FURNISH PROFESSIONAL SERVICES FOR THE SAMPLE ANALYSIS,SITE PROFILE REPORT AND WORK PLAN OF THE 1952 WASTEWATER TREATMENT IMHOFF FACILITY This Agreement is made and entered into this 6th day of August 2002 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Environmental Assessment and Remediation Management, Inc., (hereinafter"Consultant'). In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and Consultant hereby agree as follows: ARTICLE 1 -ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant, and Consultant hereby accepts the engagement, to perform services ("Services") for the preparation of sample analysis, site profile report and work plan of the 1952 Wastewater Treatment Imhoff Facility("Project"),for the City of Redlands,California. 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 Consultants in the industry providing 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 Services," which is attached hereto and incorporated herein by this reference. 2.2 Consultant hereby agrees to abide by all applicable Federal, State and local rules, laws and regulations in the performance of this agreement including but not limited to all applicable Labor code and prevailing wage laws. 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 rights-of-way as required by Consultant to perform the Services. Content Testing of the Imhoff Tank at the 1952 WWTP August 6, 2002 Page 2 3.3 City designates Mike Pool as 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 diligent manner and in accordance with the schedule set forth in Attachment`B", entitled "Project Schedule". ARTICLE 5 - PAYMENTS TO THE CONSULTANT 5.1 The total compensation for Consultant's performance of Services shall not exceed the amount of$22,450. City shall pay Consultant on a time and materials basis up to the not to exceed amount, in accordance with Attachment "C", entitled "Project Fee", based on the hourly rates shown in Attachment"D",entitled"Rate 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: City Consultant Mike Pool Venkat D. Reddy Municipal Utilities Department Environmental Assessment and 35 Cajon Street Remediation Management,Inc. P. O. Box 3005 2175 Sampson Avenue,Suite 118 Redlands CA 92373 Corona, CA 92879-6014 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. Content Testing of the Imhoff Tank at the 1952 WWTP August 6,2002 Page 3 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 provide City with Certificates of Insurance and endorsements evidencing such insurance within fifteen (15) days of execution of this Agreement, or prior to commencement of work, whichever occurs first. 6.2 Workers' Compensation and Employer's Liability A. Consultant shall secure and maintain Workers' Compensation and Employer's Liability insurance throughout the duration of this Agreement in an amount which meets the statutory requirement with an insurance carrier acceptable to the City. Such insurance shall be primary and non-contributing to any insurance or self- insurance maintained by the City. The insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to City. Certificates of Insurance shall be delivered to City within fifteen (15) days of execution of this Agreement or prior to commencement of work, whichever occurs first. 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 Hold Harmless and Indemnification. Consultant shall indemnify, hold harmless and defend City and its elected officials, agents, and employees from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of Consultant, Content Testing of the Imhoff Tank at the 1952 WWTP August 6, 2002 Page 4 its officer, agents and employees in performing the Services required by this Agreement. Consultant's obligations under this provision shall not be limited in any way by any terms of this Agreement, or the insurance limits. 6.4 Assignment and Insurance. 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 expenses that may be provided in this Agreement. 6.5 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. City shall be named as an additional insured and the insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. Certificates of insurance and endorsements shall be delivered to City within fifteen (15) days of execution of this Agreement or prior to commencement of work, whichever occurs first. 6.6 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. 6.7 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. The City shall be named as an additional insured and a certificate of insurance shall be delivered to City within fifteen (15) days of execution of this Agreement or prior to commencement of work, whichever occurs first. Content Testing of the Imhoff Tank at the 1952 WWTP August 6, 20{}2 Page 5 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: Venkat D. Reddy Principle in Charge: Ravi P. Pendurthi 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 and any copyright interest Consultant may have in said herein described documents, records and data 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. 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 Content Testing of the Imhoff Tank at the 1952 WWTP August 6, 2002 Page 6 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 parties and any prior negotiations, proposals or oral agreements are superseded by this Agreement. Any amendment to this Agreement shall be in writing, approved by the City Council of City and signed by City and Consultant. This Agreement shall be governed by and construed in accordance with. the laws of the State of California. IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant have signed in confirmation of this Agreement. City Redlands, Environmental Assessment and ("City") Remediation Management, Inc. ("Consultant") .� Ila By: By: KARL N. (KASEY)HAWS Ravi P. Pendurthi Mayor President ATTEST: " LO -RIE POY W _ City Clerk, City o Redlands Attachment `A' Scope of Services SCOPE OF WORK Task 1: Sampling of Tank Content It is proposed to conduct sampling using a bailer to collect samples at different depths in the liquids phase and a direct push sampling procedure through the solid/sludge. It is estimated that samples will be collected at four locations. It is estimated that at each location, one sample will be collected from the surface, one from the water/liquid interface, and two samples from the solid/sludge phase. During sampling of the liquid phase, a bailer/sampler will be used to collect samples. During solid/sludge sampling, a sealed 18-inch long sampler will be pushed/driven with the help of probe rods to approximately 9 to 12-inches above the desired sampling depth. A piston stop-pin at the top end of the sampler will be removed by means of extension rods being inserted down the inside diameter of the probe rods. This will enable the piston to retract into the sample tube/liner, as the sampler is further pushed/driven into the solid/sludge phase, allowing for the collection of an approximately 18 to 24-inch long and 1.5-inch diameter sample in brass sleeves, glass containers, or acetate liners. Samples from each interval will be immediately retrieved from the sampler, sealed with Teflon lined plastic caps, labeled, and placed in a chilled ice-chest with blue or dry ice. All the collected soil samples will be transported off-site to a California accredited analytical laboratory, under proper chain-of-custody. Task 2:Laboratory Analyses It is proposed that one composite sample of all the samples collected at the same depth from each tank will be analyzed for the following chemical constituents and biological parameters. The laboratory will hold the individual samples in case additional testing is required. pH Total Suspended Solids Percent Solids Conductivity (when applicable) Flash Point Specific Gravity Total Petroleum Hydrocarbons as Diesel by EPA Method 602 and 8015 Total Petroleum Hydrocarbons as Gasoline by EPA Method 602 and 8015 Total Petroleum Hydrocarbons as Waste Oil by EPA Method 602 and 8015 Total Residual Petroleum Hydrocarbons by EPA Method 418.1 Oil and Grease by EPA Method 413.2 Sulphates by EPA Method 375.1 Sulfides (total)by EPA Method 376.1 Nitrates by EPA Method 352.1 Residual Chlorine by EPA Method 530.5 Cyanide by EPA Method 335.1 Pesticides by EPA Method 8081 Phenols by EPA Method 420.1 Phosphates by EPA Method 365.1 Silicates Poly chlorinated biphenyls (PCBs)by EPA method 8082 Title 22 CAM Metals by the STLC extraction method Volatile Organics Compounds by EPA Method 8260 Semi Volatile Organic Compounds by EPA Method 8270 Total Coliform Fecal Coliform Biological Oxygen Demand (BOD) Chemical Oxygen Demand (COD) Should the concentrations of the targeted compounds of the composite samples exceed the permissible limit for disposal or for Title 22 Metals concentrations for the targeted compounds,the collected samples will be analyzed individually. Task 3:Decontamination The sampling equipment will be decontaminated by scrubbing (when required) in phosphate-free soapy water and rinsing with tap and distilled water before and after each use. Disposable latex gloves and Ziploc bags will also be used to prevent cross-contamination of samples. All equipment that is in direct contact with sampled material will be decontaminated with a pressure washer. Task 4: Profile Report and Workplan Preparation Upon completion of the above activities, all pertinent documents, including copies of field logs and laboratory analytical reports, will be collated into a report and submitted to the client. This report will also include recommendations and a workplan to complete the removal of the contents of the tanks and to complete the site closure activities if contaminants are encountered. Attachment IBI Project Schedule Once the proposal is approved, the scheduling of field activities will require one week. The fieldwork for sampling will require two days. The sample analyses will be obtained two weeks from the date of sampling and a Site Profile Report and Workplan to conduct tank cleaning will be submitted within five weeks from the date of receiving the analytical results. Attachment `C' Project Fee Following is the cost estimate for the scope of work proposed for the site: Task 1: Sample collection $4,650.00 Task 2: Sampling supplies and sample analyses (Eight composite Samples) $9,950.00 Task 3: Decontamination and site clean-up $600.00 Task 4: Profile Report and Workplan Preparation 7 250.00 Total $22,450.00 Attachment ID1 Rate Schedule Personnel Rate Per Hour Laborer/Helper $45 Technician 1 $60 Technician 11(Operator) $ 70 Field Supervisor $ 70 Staff Engineer/Geologist $ 75 Registered Engineer/Geologist $90 Project Manager $105 Senior Engineer/Geologist $105 Principal Engineer/Geologist/Scientist $125 Clerical/Word Processor $45 Draftsperson $ 55 The billing will be based on quarter hour increments. All the field personnel have undergone 40 hrs OSHA Health and Safety training. Equipment Organic Vapor Analyzer(Infrared/PID/FID) $100/day Lower Explosion Limit(LEL)Meter $ 50/day Two Inch Submersible Pump with Real $150/day Generator $ 50/day pH/Conductivity/Temperature Meter $40/day Turbidity Meter $20/day Water Level Indicator $25/day Service Truck $60/day Hand Auger $25/day Other Charges Photocopying$0.15/copy. Copying at an Agency$0.25/copy or Cost+ 15 percent markup. Speed/ovemight mail costs will be the actual charge plus a$5.00 handling fee per package. Indirect project expenses (air fare, car rental, subsistence, telephone, field equipment, laboratory charges,aerial photos,permit fees,bonds,supplies,and other related costs)will be billed with a 15% markup, if applicable. All expenses related to contractor/subcontractor services will be submitted with 15%mark-up, if applicable. Any work beyond 40 hours in a work week and any work on the weekends will be billed as over time at the rate of time and half. Hourly rates will be billed at quarter hour increments and the fieldwork will be billed at a minimum of four hours. This fee schedule is subjected to review and change in the month of January of every year.