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HomeMy WebLinkAboutContracts & Agreements_166-2002_CCv0001.pdf AGREEMENT TO FURNISH SERVICES FOR SUBSURFACE SITE INVESTIGATIONS AT THE TEXAS STREET PUMPING PLANT This Agreement is made and entered into this 1st day of October 2002 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Warren Duncan Contracting (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 Subsurface Site Investigations at the Texas Street Pumping Plant ("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. Texas Street Site Assessment Project October 1, 2002 Page 2 3.3 City designates Lonny Young 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 $21,805. 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 Lonny Young Warren Duncan Municipal Utilities Department Warren Duncan Contracting 35 Cajon Street 2148 Glen Helen Parkway P. O. Box 3005 Devote, CA 92407 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. Texas Street Site Assessment Project October 1, 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 not perform any Services pursuant to this Agreement unless and until all required insurance listed below is obtained by Consultant. Consultant shall provide 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 (30) days prior written notice to City. 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 amounts which meet statutory requirements with an insurance carrier acceptable to City. B. Consultant expressly waives all rights to subrogation against 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 this 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 (52,000.000) 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. Texas Street Site Assessment Project October 1, 2002 Page 4 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 01,000,000)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 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, Consultant will add the subcontractor as an additional insured and provide 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. 6.7 Hold Harmless and Indemnification. Consultant shall defend, indemnify and hold harmless City, its elected officials, officers, 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. 73 Consultant's key personnel for the Project are: Texas Street Site Assessment Project October 1, 2002 Page 5 Project Manager: Warren Duncan Quality Control: Larry Adams 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 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, Texas Street Site Assessment Project October 1, 2002 Page 6 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, Warren Duncan Contracting ("City") ("Consultant") By: By: KARL N. (KASEY)HAWS WARREN DUNCAN Mayor President ATTEST- LORRIE POYZ�R`/,�-" City-6erk, CityWICedlands AGREEMENT TO FURNISH SERVICES FOR SUBSURFACE SITE INVESTIGATIONS AT THE TEXAS STREET PUMPING PLANT ATTACHMENT A SCOPE OF SERVICES PROPOSAL - CONTRACT Warren 2148 Glen Helen Pkwy Duncan Devore, California 92407-1512 909-880-8501 • FAX 909-880-3064 Lf�` Contracting CA State License#553327 10 V�_ ContractinA&EquiMnt Rental October 1, 2002 Lonnie Young City of Redlands, Utilities Department JOB SITE: Texas Street Pumping Station In accordance with: Job walk by Stuart Duncan and Conversation with Lonnie Young ATTACHMENT A SCOPE OF SERVICES Subsurface Investigations: In response to your request, we have prepared preliminary cost estimates for the work described in the Work Plan for the subsurface investigations at the Texas Street Pumping Station. Also, estimates for the remedial activities and final confirmation of remediation have been prepared. Provided that Warren Duncan Contracting is selected to continue with the work described in the Work Plan (or as that plan might be modified by the County Hazardous Materials Division), we would solicit cost quotations from State licensed drillers and State certified environmental testing laboratories prior to initiating the work. Our preliminary estimates are as follows: 1. Subsurface Investigations (as described in the Work Plan) a. Driller b. Laboratory c. Professional Services: • Field • Reporting 2. Prepare Remedial Action Plan (for submittal to County) 3. Remediation (providing that the bioremediation approach is selected) Assuming an initial inoculation of microbes and monthly monitoring for 4 months 4. Confirmation borings to evaluate remediation: a. Driller b. Laboratory c. Professional Services AGREEMENT TO FURNISH SERVICES FOR SUBSURFACE SITE INVESTIGATIONS AT THE TEXAS STREET PUMPING PLANT ATTACHMENT B PROJECT SCHEDULE PROPOSAL - CONTRACT Warren 2148 Glen Helen Pkwy Du-nc-- -an Devore, California 92407-1512 909-880-8501 9 FAX 909-880-3064 Contracting CA State License#553327 ContraietijZ&Eg1ti pleat Rentfi7 October 1, 2002 JOB SITE: Texas Street Pumping Station In accordance with: Job walk by Stuart Duncan and Conversation with Lonnie Young ATTACHMENT B SCHEDULE Subsurface Investigations: Our preliminary schedule is as follows: 1. Subsurface Investigations (as described in the Work Plan) Complete 10118/02 a. Driller b. Laboratory c. Professional Services: • Field • Reporting 2. Prepare Remedial Action Plan (for submittal to County) Complete 11101102 3. Remediation (providing that the bioremediation approach Complete 03/07/03 is selected) Assuming an initial inoculation of microbes and monthly monitoring for 4 months 4. Confirmation borings to evaluate remediation: Complete 03/21/03 a. Driller b. Laboratory c. Professional Services AGREEMENT TO FURNISH SERVICES FOR SUBSURFACE SITE INVESTIGATIONS AT THE TEXAS STREET PUMPING PLANT ATTACHMENT C PROJECT FEE PROPOSAL - CONTRACT Warren 2148 Glen Helen Pkwy Duncan Devore, California 92407-1512 FAX 909-880-3064 Contr ct�n F � 9o9-ssa-85o 1 • �' � � CA State License#553327 �_ Contracting&Equiyment Renfal October 1, 2002 Lonnie Young City of Redlands, Utilities Department JOB SITE: Texas Street Pumping Station In accordance with: Job walk by Stuart Duncan and Conversation with Lonnie Young ATTACHMENT C PROJECT FEE Subsurface Investigations: Our preliminary estimates are as follows: 1. Subsurface Investigations (as described in the Work Plan) a. Driller $4,080 b. Laboratory $2,260 c. Professional Services: • Field $3,920 • Reporting $1,125 Sub-Total $11,385 2. Prepare Remedial Action Plan (for submittal to County) $1 ,160 3. Remediation (providing that the bioremediation approach is selected) Assuming an initial inoculation of microbes and monthly monitoring for 4 months $3,860 4. Confirmation borings to evaluate remediation: a. Driller $1,310 b. Laboratory $1,150 c. Professional Services $2,500 Sub-Total $4,960 Estimated Total $21,805 Please note that the costs shown in Item (1), above are based on a recent project. Unit costs used in developing costs for Items (2), (3) and (4) are estimates based on current costs. All costs shown are based on the assumption that the County approves the work plan as presently written and on the assumption that only two borings are required to define the extent of the contaminated soil. AGREEMENT TO FURNISH SERVICES FOR SUBSURFACE SITE INVESTIGATIONS AT THE TEXAS STREET PUMPING PLANT ATTACHMENT D RATE SCHEDULE Warren 2148 Glen Helen Pkwy Duncan Devore, California 92407 909-880-8501 • FAX 909-880-3064 Contracting CA State License #553327 Contracting &Equipment Rental RATE SHEET FOR REMEDIATION OF SOIL 1. Drill Rig $110.00 Hr. 2. Consultant $105.00 Hr. 3. Principal Engineer $ 86.25 Hr. 4. Project Engineer $ 86.25 Hr. 5. Hydrogeologist $ 80.50 Hr. 6. CAD Draftsperson $ 57.50 Hr. 7. Field Technician $ 57.50 Hr.