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HomeMy WebLinkAboutContracts & Agreements_6-2000_CCv0001.pdf AGREEMENT TO FURNISH ENGINEERING SERVICES FOR THE CALIFORNIA STREET LANDFILL OPERATIONS SUPPORT This Agreement is made and entered into this 4th day of January,2000,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 engineering services("Services")related to the City's California Street Landfill operations ("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 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 shall make available to Engineer information in its possession that is pertinent to the performance of Engineers 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. 1 Agreement to Furnish Engineering Services For The California Street Landfill Horizontal Expansion Vector Engineering, Inc. January 4, 1999 3.3 City designates Valorie Shatvnski, Solid Waste 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. ARTICLE 5 - PAYMENTS TO THE ENGINEER 5.1 The total compensation for Engineer's performance of the Services shall not exceed $37,580.00 in accordance with Attachment C-Project Fee and Rate Schedule. City shall pay Engineer on a time and materials basis at the hourly rates shown in Attachment C. 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 warrant payable to Engineer. 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 Engineer Valorie Shatynski Scott Purdy, President Municipal Utilities Department Vector Engineering,Inc. 35 Cajon Street 12438 8 Loma Rica Drive, Suite C P. O. Box 3005 Grass Valley, CA 95945 Redlands, CA 92373 73 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 Agreement to Furnish Engineering Services For The California Street Landfill Horizontal Expansion Vector Engineering, Inc. January 4, 1999 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. Z:� 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 maintain professional liability insurance in the aggregate amount of$1,000,000 with a minimum of$500,000 per occurrence. 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. Agreement to Furnish Engineering Services For The California Street Landfill Horizontal Expansion Vector Engineering, Inc. January 4, 1999 7.3 Engineer's key personnel for the Project are: Principal and Project Manager: Scott Purdy, C.E.G. Project Engineer: Todd Ramey, P.E. 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 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 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. 7.8 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. 7.9 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. 4 Agreement to Furnish Engineering Services For The California Street Landfill Horizontal Expansion Vector Engineering, Inc. January 4, 1999 7.10 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 Engineer. 7.11 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 Engineer have signed in confirmation of this Agreement. City of Redlands Vector Engineering, Inc. (440VI) ("Engineer") /r By: By: r PAT GILBREATH SCOTT PURDY Mayor President ATTEST: City Clerk, Cif.1VA6/'?'-Odlands ATTACHMENT A SCOPE OF WORK ATTACHMENT A- SCOPE OF WORK Task 1 —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. This task involves engineering assistance as well as direct training and supervision in daily landfill operations to ensure that the landfill operators have the necessary skills to construct the waste cells to the required grades and elevations. In order to keep continuity with the field personnel, we are proposing to use Bobby Foster as our landfill operations specialist (Mr. Foster provided assistance to the City on our previous project). Our landfill operations specialist will provide training and supervision to John Smith and other landfill personnel in fill techniques, drainage enhancements, berms, roads, excavation, winter decks, sequencing, compaction, and other items as necessary. Our landfill operations expert will utilize interim fill sequencing plans prepared by Vector and discussed in Task 2. Our landfill operations specialist will be at the site on 6 separate occasions, arriving at the site once each month over a six-month working period. Assisting our landfill operations specialist during some of the site visits will be Scott Purdy, Vector's president and project manager for this job. Our project manager will supervise the updated interim fill sequencing plans and meet in the field with our landfill operations specialist and the City's site personnel to ensure compliance. Deliverable: Monthly status reports detailing compliance with the interim fill sequencing plans and ancillary work. Task 2 —Interim Phase Planning 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. We will utilize the existing drawings prepared during our previous work as a foundation for our drawings. We will also utilize the survey information provided by the City's surveyor to locate the current waste location on the top deck. The base drawing will be updated following the October 1999 flyover. In addition to showing the fill sequencing, the master plan drawings will locate roads, winter decks, drainage structures, etc. These drawings will be updated and/or modified as necessary and will be used by Vectors landfill operations specialist when he meets with the landfill supervisor and operators. The drawings will be dated and will provide six months of fill sequencing. Deliverable: Master plan and fill sequencing drawings. Task 3- Off-Site Borrow Material Testing The cover material used at the site will affect both field operations and site life. This task will involve 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 eight series of off-site borrow material tests have been budgeted. Deliverables: Laboratory test results and recommendations for selection of materials. Task 4— Meetings This task involves meetings with you and City staff. Budget has been provided as a contingency for three meetings to be held at the request of the City. Deliverable: Meeting minutes 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. For Task 1, we will provide minutes of the site visits. For Task 2, we will provide interim fill drawings and other drawings as necessary to complete our scope of work. Task 3 will include letter reports with the findings of the off-site borrow evaluations. ATTACHMENT B PROJECT SCHEDULE m O M O l0 N N O1 R __ _ _..----------- d p O i0 rtw W 0.. M uj L � O J D = Z <J U � o NQ ID y Y m Q --------- z D > Z �LU UJ 6 E 2 R tt, LO U � QU - - - N UE N a C d 2 0 Qf N {m C CD C: d — t— 0 R c y J 2 a m� °� a ;.7 E c L N o a. m G1 N � m O E Z E � v' a E m g V 'o t`� d O jZ a a cv c u> o r a s ATTACHMENT C EEE SCHEDULE ATTACHMENT C'PROJECT FEE AND RATE SCHEDULE