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HomeMy WebLinkAboutContracts & Agreements_59-1997_CCv0001.pdf AGREEMENT TO FURNISH PROFESSIONAL SERVICES FOR EVALUATION AND COST ANALYSIS OF REMEDIAL ALTERNATIVES AND CLOSURE PLAN FOR THE ALABAMA STREET SEPTAGE PITS This Agreement is made and entered into this 15 day of Jgdy, 1997 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Woodward-Clyde Consultants, (hereinafter"Consultants"). In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and Consultants hereby agree as follows: ARTICLE 1 - EN AGEMENT OF CONSULTANT 1.1 City hereby engages Consultant, and Consultant hereby accepts the engagement, to perform professional services ("Services") for the Alabama Street Septage Pits Closure 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 Consultants in the industry providing similar types of services. ARTICLE ) - SERVICES OF r0NjS_U_LTANT 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. 31BILITIES OF.CITY 3.1 City shall make available to Consultant information in its possession that is pertinent to the performance of Consultants Services. 3.2 City will provide access to and make provisions for Consultant to enter upon City-owned property as required by Consultant to perform the Services. 1 3.3 City designates Gary Phelps, Project Manager to act as its representative with respect to the Services to be performed under this Agreement. I CLOSURE PLAN, ALABAMA STREET SEPTAGE PITS Woodward-Clyde Consultants July 15, 1997 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. ARTICLE 5 - PAYMENTS TO THE CONS1 TLT NT 5.1 The total compensation for Consultant's performance of the Services shall not exceed $37,936 in accordance with Attachment C - Cost Proposal. City shall pay Consultant on a time and materials basis at the hourly rates shown in Table C-I of Attachment C - Rate/ (Dollars/Hour). 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 Consultants's invoice, by warrant payable to Consultant. 5.3 AN 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: fity- -on Gary Phelps Denise Clendening, Ph.D Municipal Utilities Department Woodward Clyde Consultants 35 Cajon Street 2020 East First Street, Suite 400 P.O. Box 3005 Santa Ana CA 92705 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, gills, and payments are to be given by giving notice pursuant to this paragraph. ARTICLE k.- INSURANCE AND INDEMNIFICATION 6.1 Consultant shall maintain worker's compensation insurance and, in addition, shall maintain 2 y CLOSUREPLAN, ALABAMA STREET SEPTAGE PITS Woodward-Clyde Consultants July 15, 1997 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$1,000,400, and in the aggregate. Consultant shall maintain comprehensive automobile liability insurance with a combined single limit of $1,000,000 for bodily injury and property damage. Consultant 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. Consultant shall provide City with certificates of insurance evidencing such insurance coverage prior to commencing the Services. 6.2 Consultant 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 Consultant, 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 QNSIDERATIC}NS 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- Denise Clendening, Ph.D Vice President: Paul Ryan, P.E. Consultant agrees that the ley personnel shall be made available and assigned to the 3 CLOSURE PLAIN ALABAMA STREET SEPTAGE PITS Woodward-Clyde Consultants July 15, 1997 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. 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 If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. 7.9 Upon receipt of a terniination 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. 7.10 Consultant 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 Consultant. 4 CLOSURE PLAN, ALABAMA STREET SEPTAGE PITS Woodward-Clyde Consultants July 15, 1997 7.11 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. 7.12 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 of Redlands Woodward-Clyde ("City") ("Consultant") B:- By: SWEN LARSON Steve Pearson Mayor Office Manager ATTEST: Cary City f e ands 5 PROFESSIONAL SERVICES AGREEMENT ALABAMA STREET SEPTAGE PITS ATTACHMENT A SCOPE OF WORK 23 24 AGhk Woodward-Clyde mr 0 2 4 Engineering&sciences aWied to the earth&its environment JUN M7 Ito, e C, celod 'ieS De_L M5,Jes Detk June 19, 1997 ProjectNo. 974W139 L 68L 9 6 8 Mr. Gary Phelps Municipal Utilities Department 35 Cajon Street, Suite 15A Redlands, California 923733 SUBJECT: EVALUATION AND COST ANALYSIS F REMEDIAL ALTERNATIVES AND CLOSURE PLANOFOR THE IAL STREET LEASE PROPERTY SEPTAGE PITS IN REDLANDS, CALIFORNIA Dear Mr. Phelps: Woodward-Clyde Consultants (Woodward-Clyde) is pleased to submit this proposal and cost estimate in response to the City of Redlands Municipal Utilities Depatment's request for a feasibility study/closure plan. Woodward Cl understands the services requested are for the Alabama Street Lease Property Septage Pits (site), located at 820" Alabama Street in Redlands, California. This proposal outlines our approach to conduct a feasibility study and complete a closure plan for the site. This letter serves as the Scope of Services to be used as Attachment A and is based on our understanding of the City's overall objective for the site. The feasibility study will consist of an evaluation of the following remedial alternatives and closure options that were discussed with the Santa Ana Regional Water Quality Control Board (RWQCB): Alternative I - Excavation and Disposal Alternative 2 - Stabilization and Capping Alternative 3 - Capping with a Monolayer Alternative 4 - Capillary Break Alternative 5 - Conversion of the site to a parking, lot Alternative 6 -No action. Other alternatives may be evaluated if they are identified as being a feasible alternative during the study. The evaluation of the alternatives will be based on the following considerations with respect to the site: cost, flood plain, deed restrictions, lease requirements, endangered species, Department of Fish and Game concerns, human health Woodward cW&Consultants 92705 Suite 400.Santa Am caritomia, 202o East First Street, {714}835-6886(213)581-7164 Fax(714)667-7147 (de) W:?dcnisc\rcdclos,doc Woodward-Clyde ,mr. Gary Phelps Municipal Utilities Department June 19, 1997 Page 2 effects and impacts to the environment. In addition, Woodward-Clyde will evaluate the impact/applicability of Senate Bill 1764 with respect to the site. A feasibility cost analysis will also be performed to assess the cost benefit/effectiveness of each applicable alternative. The results of the preliminary evaluation and cost analysis for the various remedial set clsure options will be presented in the closure plan. A meeting with the RWQCe feasibility study1closure plan to allow for input from the up following completion of the draft Board. Woodward-Clyde understands the City's desired time frame for completion of the closure plan is March Woodward-Clyde estimates it will take approximately six to seven _3)1, 199 8. 1 your approval. A project schedule has been months to develop the closure plan following y developed, considering the time frame provided by the City, and is included in Attachment B. The proposed cost for this Scope of Services is presented in Attachment C. Costs developed for the proposed Scope of Services are based on the hourly rates provided in the Cost Schedule included in Attachment D. We appreciate the opportunity to submit this proposal to you and look forward to working with you on this project. Please do not hesitate to contact the undersigned at (714) 835-6886 with any questions or comments you may have concerning this proposal. Very truly yours, WOODWARD-CLYDE CONSULTANTS Paul Ryan,P aP Ryan, Denise Clendening, Ph.D. P. Vice President Project Manager 01 Attachments Woodward-Clyde Consultants (dc) W-AdeniscVeddas.doc PROFESSIONAL SERVICES AGREEMENT ALABAMA STREET SEPTAGE PITS ATTACHMENT B PROJECT SCHEDULE OJECT SCHEDULE ATTACHMENT B - PR Woodward-Clyde is prepared to initiate the work described herein immediately upon our receipt of written approval to proceed from the City of Redlands.. The estimated time to 16 weeys .change The completed Tasks I and 2 described in Attachment A estimated duration of Tasks 3 and 4 is approximately 8 is weeks, this approximately schedule ma based on the responsiveness of the lead regulatory agency. Z7 Woodward-Clyde recognized the important of meeting deadlines for project deliverables, and es required to complete this project within the time frame is prepared to commit the resources ersonnel. Woodward- desired by the City of Redlands Municipal Utility Department (City) p ve commwitCity Clyde intends to work closely with, and maintain e ffecti in our being able to respond effunicationsectivelyh to the personnel. We believe that four items are key City requirements: (1) effective communications, (2) planning, p) commitment of resources, and (4) prompt/effective course correction when necessary. Dr. Denise Clendening, our proposed Project Manager, will be responsible for ensuring that project activities are 0 completed on schedule and to willabeheldoto nproject team discuss scheduling, Weekly meetings of the Woodward-ClydeClendening will keep City personnel budgetary, and other project issues, as needdevelopments through telephone conversations abreast of current project activities and new and project status updates, as appropriate,to be transmitted by fax. (dc) WAdenis6redclos.doc PROFESSIONAL SERVICES AGREEMENT ALABAMA STREET SEPTAGE PITS ATTACHMENT C PROJECT FEE & RATE SCHEDULE ATTACHMENT C - COST PROPOSAL Woodward-Clyde proposes to provide its services for the Alabama Street Lease Site Septage Pits on a time-and-materials basis. This method of compensation is proposed because of variation in the proposed Scope of Services which may occur based on the findings of Tasks I and 2, as well as interactions with the lead regulatory agency. A detailed breakdown of the estimated costs associated with completion of Tasks 1 through 4, ad described in Attachment A is provided in Table C-1. In preparation of this proposal and cost estimate, the following conditions have been assumed: • Estimated costs for Task 3) include preparation of one draft report for review and comment by the City and one final report. • Management time has been included under Task 4 for two client meetings and two meetings with the regulatory oversight agency. (dc) WAdenisckrcdclos.doe TABLE C-1 ESTIMATED COST FEASIBILITY STUDYICLOSURE PLAN Alabama Street Lease Property Septage Pits 8203 Alabama Street,Redlands,California Rate Task 9 Task 2 Task 3 Task 4 at o Dollars/Hour Evaluation of Alternatives Cost Anai sis Closure Re ort Project Mg mLIMeetings Personnel Hours Cost Hours Cost Hours Cost Hours Cos Jerk* $41 $0 $0 $0 $0 Technical Asst.Mford Processor* $63 $0 $0 8 $504 $0 Technician* $66 $0 $0 $0 $0 E?rafler/Illustrator* $68 $0 $0 8 $544 $0 Technical Editor* $74 $0 $0 $0 $0 Senior Drafterfiitustrator $74 $0 $0 $0 $0 Senior Technician* $76 $0 $0 $0 $0 Lab/Field Supervisor* $79 $0 $0 $0 $0 sst.Staff Professional $68 $0 $0 $0 $0 Staff Professional $82 12 $984 6 $492 $0 $0 Senior Staff Professional $94 40 $3,760 20 $1,880 16 $1,504 $0 Asst.Project Professional $105 50 $5,250 20 $2,100 50 $5,250 40 $4,200 /Project Professional $118 $0 $0 $0 $0 Senior Project Professional $135 12 $1,620 2 $270 24 $3,240 30 $4,050 Consulting Professional $143 4 $572 2 $286 2 $286 8 $1,144 Senior Consulting Professional $155 $0 $0 $0 $0 PrincipaltSenlor Principal $155 $0 $0 1 $0 $0 Labor Hours/Cost Total 118 $12,186 50 $5,028 108 $11,3281 78 $9,394 Subcontractors Units Cost Units Cost Units Cost Units Cost Subcontractors Total $0 $0 $0 $0 Other Direct expenses(ODE) Units Cost Units Cost Units Cost Units Cost raphics/CADD Draft Report Final Report Mileage ODE Total $0 $0 $0 $0 Communications Units Cost Units Cost Units Cost Units Cost 3%on Labor Costs Communications Total $12,186 $5,028 $11,328 $9,39d Task Totals PROJECT TOTAL $37,838 Notes; (1) The cost of communications Including telephone,telex,facsimile,routine postage and Incidental copying costs will be charged. s:\aI\Redcost.xis(6/19/97) LOS ANGELES AREA OFFICE 1997 SCHEDULE OF FEES AND CHARGES The following describes the basis for compensation for services performed during the calendar year 1997. This Schedule of Fees and Charges will be adjusted annually on January 1 of each subsequent year to reflect merit and economic salary increases, and changes in the expected level and mode of operations for the new year. The new Schedule of Fees and Charges will apply to existing and new assignments. PERSON NELCHARGES The charge for all time required in the performance of Charges for contract personnel under W-C supervision the Scope of Services, including office,field and travel and using W C facilities will be made according to the time,will be at the Unit Price Hourly Rates set forth hourly rate corresponding to their classification. below for the labor classifications indicated. A maximum of eight(8) hours travel time per day will Labor Classification Hourly Rate be charged for travel within the continental United States. Clerk' $41 Technical Assistant/Word Processor' 63 Overtime(hours worked in excess of eight(8) hours per Technician' 66 day)by exempt personnel will be charged at the above Drafterllllustrator' 68 straight time hourly rate. Overtime by non-exempt Technical Editor* 74 personnel(classifications identified with an asterisk Senior Drafter/illustrator' 74 will be charged at 1.3 times the above hourly rates. Senior Technician' 76 Lab/Field Supervisor* 79 Special project accounting reporting and financial Assistant Staff Professional 68 services, including submission of invoice support Staff Professional 82 documentation will be charged at the rate of a clerk. Senior Staff Professional 94 Assistant Project Professional 105 W-C LA130RATORY SERVICES AND Project Professional 118 EQUIPMENT CHARGES Senior Project Professional 135 Consulting Professional 143 The schedules of charges for laboratory testing performed Senior Consulting Professional 155 at W C facilities and/or WC equipment used on projects Principal/Senior Principal 155 are attached. When W C staff appear as expert witnesses at court trials, mediation, arbitration hearings,and depositions, their time will be charged at$300/hour. All time spent by personnel preparing for such trials,hearings,and depositions, will be charged at the above standard hourly rates. This fee schedule contains confidential business Information and is not to be copied or distributed for any purpose other than the use intended in this contract or proposal. Woodward-ClydeAra H:+suv«■a997(■■.xWf■■p■q■1) Page 1 of 3 1997 SCHEDULE OF WOODWARD-CLYDE EQUIPMENT CHARGES Daily Weekly Monthly EM BAA Fguipment Health and Safety Supplied Air System(Air Line) $165 $660 $1,650 Emergency Air Supply 50 200 500 Radiation Meter 30 120 300 Haz Mat Kit(Dragger) 30 120 300 Organic Vapor Analyzer(FID) 90 360 900 Noise Dosimeter 20 80 200 1=auiymm Air Monitoring Veiometer 30 120 300 Personal Sample Pump 20 80 200 High Volume Sample Pump 30 120 300 Eauioment-Sampling Drill Kit(modified) 125 500 1250 Drill Kit(standard) 125 500 1250 Hand Auger Sampler 35 140 350 Asbestos Kit 20 80 200 Air Compressor 20 80 200 Electric Generator 30 120 300 Pump(Bladder,Suction,Submersible) 20 80 200 Groundwater Pump System (Compressor/Generator/Pump) 125 500 1250 Bailer Field Data Logger with Transmission -- — 15lproj (includes field computer) 100 400 1000 Portable Field Computer&Printer 50 200 500 pH,Temperature,Conductivity Meter 30 120 360 Interface Probe 25 100 250 Water Leve(Meter 25 100 250 Rates for specialized field equipment or dedicated equipment will be furnished upon request. This fee schedule contains confidential business information and is not to be copied or distributed for any purpose other than the use intended in this contract or proposal. II Woodward-Clyde H,kSALVe**%1997f",xis(Hw fee Poo 3) Page 3 of 3