HomeMy WebLinkAboutContracts & Agreements_73-2001AGREEMENT TO FURNISH
LANDFILL GAS ENGINEERING SERVICES
This Agreement is made and entered into this 1st day of May 2001, by and between the City of
Redlands, a municipal corporation (hereinafter "City") and Janechek and Associates, hereinafter
("Engineer").
In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and
Engineer hereby agree as follows:
1.1
ARTICLE 1 - ENGAGEMENT OF ENGINEER
City hereby engages Engineer, and Engineer hereby accepts the engagement, to perform
professional engineering services for landfill gas collection and monitoring for the City's
California Street Landfill, located at 2151 Nevada Street, Redlands, California ("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 like and 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 Engineer's 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.
3.3 City designates Lonnie Young, 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 Engineer shall perform the Services in a diligent manner and in accordance with the
schedule set forth in Attachment B - Project Schedule.
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ARTICLE 5 - PAYMENTS TO THE Engineer
5.1 The total compensation for Engineer's performance of the Services shall not exceed
$127,296 in accordance with Attachment C - Project Costs. City shall pay Engineer on a
time and materials basis at the hourly rates shown in Attachment D - Fee Schedule.
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
Gary Phelps
Municipal Utilities Department
35 Cajon Street
P. O. Box 3005
Redlands, CA 92373
Engineer
Alan Janechek, Principal
Janechek and Associates
248 Hill Place
Costa Mesa, CA 92627
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 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 provide automobile liability, 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 $2,000,000, 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. Automobile liability shall be in a minimum $500,000 blanket, and
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$50,000 per occurrence, to be obtained within 30 days. 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.
7.3 Engineer's key personnel for the Project will be Alan Janechek. 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 Nothing in this Agreement shall give Engineer authority with respect to any City decision
beyond the consulting services as outlined herein and specifically as set forth in Attachment
"A", "Scope of Work," and the rendition of information, advice, recommendation or counsel.
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7.7 Engineer shall supply all tools and instrumentalities required to perform the consulting
services in this Agreement.
7.8 Unless earlier terminated, as provided for below, this Agreement shall terminate upon
completion and acceptance by City of the Services.
7.9 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.
7.10 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.
7.11 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.
7.12 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 Engineer have signed
in confirmation of this Agreement.
City of Redlands
("City")
By 6:71'
PAT GILBREATH
Mayor
ATTEST:
City S,Yerk, City o l.ZJedlands
Janechek and Associates
("Engineer")
By:
ALAN J ECHEK
Principal
AGREEMENT TO FURNISH
LANDFILL GAS ENGINEERING SERVICES
ATTACHMENT A
SCOPE OF WORK
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 eighteen months, from April 1, 2001 through October 31,
2002. Some of the tasks, such as the annual inspection and 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 SCAQMD monitoring and adjusting and balancing the landfill
gas collection system.
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 of
work.
3. SCAQMD Report Preparation — This item consists of assisting the City with preparation
of the SCAQMD Quarterly report. Field data will also be reviewed monthly as part of
this item.
4. Miscellaneous Regulatory Support — This item 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 to the City
during the annual flare source testing. Support 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.
6. 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 in this scope of work.
TASK 2: Horizontal Expansion
This task consists of work related to LFG collection system addition design as part of the landfill
expansion. The major items of work for this task are described below:
1. LFG Generation Analysis — This item will consist of reviewing the existing LFG
generation estimate for the landfill. The capacity of the flare and collection system will
be reviewed to assess the effects of projected LFG generation.
2. CEQA Assistance with LFG Emissions - This item will consist of providing support for
the preparations of CEQA documents for expansion of the landfill. Support will include
providing analysis and calculations for the assessment of air emissions related to the
increased LFG generation from the expanded landfill.
3. Landfill Expansion LFG System Design - This item will consist of providing conceptual
design of additions to the LFG collection system as needed in conjunction with the
landfill expansion design.
4. Design and Construction of Flare Modifications — This item will consist of providing
design and construction assistance for modifications of the flare needed due to landfill
expansion and installation of an LFG recovery system.
5. RDSI Preparation — This item consists of providing support for the update of the RDSI
for the LFG collection and flare system. The support includes updating as-builts and site
summaries to reflect the current LFG collection and flare system configuration.
TASK 3: Engineering Support for Operations
Janechek & 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. North Header Construction — This item will consist of providing labor and engineering
for construction of modifications to the north perimeter LFG collection header.
Modifications to the header include replacement of the main collection pipe, replacement
of connecting well laterals and installing horizontal LFG well connections.
2. Materials Purchase - This item provides a budget for small, non -recurring material
purchases related to construction. Materials will be provided on an as needed basis at the
request of the City.
AGREEMENT TO FURNISH
LANDFILL GAS ENGINEERING SERVICES
ATTACHMENT B
PROJECT SCHEDULE
CALIFORNIA STREET LANDFILL
LFG COLLECTION SYSTEM OPERATIONS, MAINTENANCE AND D MONITORING SUPPORT
I 11 I I I I I I I I I I I I I I I I I I
PROPOSED SCHEDULE
SCOPE OF WORK APRIL 2001 - OCTOBER 2002
DATE
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TASK
Apr-01
May-01
3un-01
3u1-01
Aug-01
Sep-01
Oct-0 1
Nov-01
Dec-01
3an-0
Feb-0
Mar-0 2i
Apr-0
May-OA
)un-02
3uI-0
Aug-0
Sep-0
Oct-02
1
MONITORING ASSISTANCE
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ANNUAL INSPECTION
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SCAQMD REPORT PREPARATION
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MISCELLANEOUS REGULATORY SUPPORT
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FLARE SOURCE TEST ASSISTANCE
6
FLARE SOURCE TEST SUBCONTRACT
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LFG GENERATION ANALYSIS
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2
CEQA ASSISTANCE
AS NEEDED
3
LANDFILCGAS SYS I tM tXNANSTO
DESIGN
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DESIGN AND CONSTRUCTION OF FLARE-
MODIFICATIONS
5
RDSI PREPARATION
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NORTH HEADER CONSTRUCTION
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MATERIAL PURCHASES
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4/16/01
AGREEMENT TO FURNISH
LANDFILL GAS ENGINEERING SERVICES
ATTACHMENT C
PROJECT FEE
JANECHEK AND ASSOCIATES
SCOPE OF WORK APRIL 2001- OCTOBER 2002
CALIFORNIA STREET LANDFILL
MONTHLY ANNUAL
TASK HOURS HOURS RATE SUBTOTAL
MONITORING SUPPORT
MONITORING ASSISTANCE 16 288 82
- TECHNICIAN ASSISTANCE 16 288 40 $ 35,13
ANNUAL INSPECTION AND MAINTENANCE 48 82 $ 3,93
SCAQMD REPORT PREPARATION AND DATA
REVIEW 4 72 82 $ 5,90
MISCELLANEOUS REGULATORY SUPPORT 100 82 $ 8,20
MILEAGE 5400 0.35 $ 1,89
FLARE SOURCE TEST ASSISTANCE 48 82 $ 3,93
FLARE SOURCE TEST SUBCONTRACT $ 14,00
SUBTOTAL - MONITORING SUPPORT
HORIZONTAL EXPANSION
$ 73,002.00
LFG GENERATION ANALYSIS 8 82 $ 65
CEQA ASSISTANCE WITH LFG EMISSIONS 80 82 $ 6,56
LANDFILL EXPANSION LFG SYSTEM DESIGN 80 82
-CAD DRAWING PREPARATION 40 45 $ 8,36
DESIGN AND CONSTRUCTION OF FLARE
MODIFICATIONS 120 82 $ 9,84
RDSI PREPARATION 24 82 $ 1,96
MILEAGE 1200 0.35 $ 42
SUBTOTAL - HORIZONTAL EXPANSION
ENGINEERING SUPPORT FOR OPERATIONS
$ 27,804.00
NORTH HEADER CONSTRUCTION
-TECHNICIAN ASSISTANCE
MATERIAL PURCHASES
MILEAGE
120 82
240 40 $ 19,44
$ 6,00
3000 0.35 $ 1,05
SUBTOTAL - ENGINEERING SUPPORT FOR OPERATIONS
$ 26,490.00
TOTAL BUDGET ESTIMATE $ 127,296.00
AGREEMENT TO FURNISH
LANDFILL GAS ENGINEERING SERVICES
ATTACHMENT D
FEE SCHEDULE
Principal Engineer $82/hr
Electrical Engineer $90/hr
Electrical Designer $85/h
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
seconded by Councilmember Freedman, the City Council unanimously
approved this recommendation.
Resolution No. 5878 - Street Tree Committee - As the City Council liaison to
the Street Tree Committee, Councilmember Peppier expressed concern about
dissolving the Street Tree Committee as it was intended that the committee
continue its work but under less restrictive conditions as required under the
Brown Act. Following discussion, it was a consensus of the Councilmembers
that staff conduct a comprehensive review with the committee of its structure
and financing of an arborist either as a full-time employee or a consultant and
return to the City Council with a recommendation in 30-45 days. Mayor
Gilbreath noted that Alan Dangermond has made himself available on a
volunteer basis to provide assistance to the Street Tree Committee and staff. No
action was taken on Resolution No. 5878,.
Mutual Water Company Stock Purchase - On motion of Councilmember Haws,
seconded by Councilmember Peppier, the City Council approved the purchase
of 5.3 shares of East Redlands Water Company stock from Lawrence A. Luebbe
for a total price of $6,545.50, with Councilmember Gilbreath abstaining due to a
potential conflict of interest.
Mutual Water Company Stock Leases - On motion of Councilmember Haws,
seconded by Councilmember Peppier, the City Council approved leases for Bear
Valley Mutual Water Company stock from San Bernardino Valley Municipal
Water District (14,500 shares), Western Water Company (4,950 shares), David
Knight (1,000 shares), Arnold and Margaret Wright (918 shares), and Tom
Slemrner (275 shares) for the 2001-02 water delivery season, with
Councilmember Gilbreath abstaining due to a potential conflict of interest. On
motion of Councilmember Haws, seconded by Councilmember Peppier, the
City Council also approved the lease of 60 shares of Crafton Water Company
stock to R. Craig Wesson for the 2001-02 water delivery season, with
Councilmember Gilbreath abstaining due to a potential conflict of interest.
Resolution No. 5882 - Hinckley Water Treatment Plant - On motion of
Councilmember Haws, seconded by Councilmember Freedman, the City
Council unanimously adopted Resolution No. 5882, a resolution of the City
Council of the City of Redlands declaring that the project to install effluent
troughs at the Hinckley Water Treatment Plant can be performed more
economically by the City's Water Division crews.
Agreement - California Street Landfill - On motion of Councilmember
Haws, seconded by Councilmember Freedman, the City Council
unanimously authorized an agreement with Janecheck and Associates to
furnish landfill gas engineering services for the California Street Landfill,
Funds - Vehicles Purchase - On motion of Councilmember Haws, seconded by
Councilmember Freedman, the City Council unanimously approved an
May 15, 2001
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