HomeMy WebLinkAboutContracts & Agreements_200-2002AGREEMENT TO FURNISH CONSULTING SERVICES
FOR OPERATIONS AND EXPANSION
OF THE CALIFORNIA STREET LANDFILL
This Agreement is made and entered into this Ydday of December 2002, by and between the City
of Redlands, a municipal corporation (hereinafter "City") and Vector Engineering, Inc., hereinafter
("Consultant").
In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and
Consultant hereby agree as follows:
ARTICLE I - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant, and Consultant hereby accepts the engagement, to perform
professional engineering services ("Services") for operations and expansion of the City's
California Street Landfill, located at 2151 Nevada Street, Redlands, California ("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 engineers in the industry providing like and 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 Work," which is attached hereto and incorporated herein
by this reference.
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 right-of-way as required by Consultant to perform the Services.
3.3 City designates Gary Van Dorst, 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 prompt and diligent manner and in accordance
with the schedule set forth in Attachment "B", entitled "Project Schedule".
ARTICLE 5 - PAYMENTS TO THE CONSULTANT AND NOTICE
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of $155,435. City shall pay Consultant on a time and materials basis up to the not
to exceed amount, in accordance with Attachment "C", entitled "Project Costs" based on the
hourly rates shown in Attachment "D", entitled "Fee Schedule".
52 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.
53 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:
C� Consultant
Gary Van Dorst Scott Purdy, President, CEO
Solid Waste Division Vector Engineering, Inc.
35 Cajon Street 143E Spring Hill Drive
P. O. Box 3005 Grass Valley, CA 95945
Redlands, CA 923- )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
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.
I
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 provided 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.
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6.2 Workers' Compensation and Employer's Liability
A. Consultant shall secure and maintain Worker Compensation and Employer's
Liability insurance throughout the duration of this Agreement in amounts which meet
statutory requirements with an insurance carrier acceptable to the City.
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 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. Consultant shall obtain an endorsement that City
shall be named as an additional insured.
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
($1,000,000) 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 the 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, 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
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expenses that may be provided in this Agreement.
6.7 Hold Harmless and Indemnification. Consultant shall defend, indemnify, and hold harmless
City and its elected officials, 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.
7.3 Consultant's key personnel for the Project are:
Project Manager: Scott Purdy
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 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.
0
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 written Agreement. Any amendment to
this Agreement, to be effective, shall be in writing and approved by the City Council of City
and signed by City and Consultant.
7.10 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 Consultant have signed
in confirmation of this Agreement.
City of Redlands
("City")
0
KARL N. HAWS
Mayor
ATTEST:
C /C-
i, I lerk, Cit6ef*dlands
Vector Engineering, Inc.
("Consultant")
By:
SCOTTPURDY
President
AGREEMENT TO FURNISH CONSULTING SERVICES
FOR OPERATIONS AND EXPANSION
OF THE CALIFORNIA STREET LANDFILL
ATTACHMENT A
Task IA: Partial Final Closure and Post -Closure Plan Preparation
Task 1A involves the preparation of a final partial closure and post -closure maintenance
plan for the East Side Landfill portion of the California Street Landfill. The plan will be
in compliance with the California Code of Regulations, Title 27 and will be submitted to
the regulatory agencies including the Regional Water Quality Control Board, Integrated
Waste Management Board, and Local Enforcement Agency. A preliminary closure and
post -closure maintenance plan was previously submitted for both the West Side and
East Side portions of the California Street Landfill in the 1999 JTD prepared by 3D Geo
and Vector. The Final Partial Closure Plan for the East Side Portion of the California
Street Landfill will be consistent with that preliminary closure plan.
Each of the plan elements listed in the regulations will be included in the plan with
corresponding text addressing the element. Also included within the closure plan will be
it drainage
as extraction siaist m_ andgeneral details.
Modifications to the gas system (if necessary) will likely be conducted with Janacek and
Associates working directly for the City. The appendices will include permits and related
documents, geotechnical analyses, soil loss analyses, a construction quality assurance
plan, leachate generation potential, and final partial closure and post -closure cost
estimates. This work task also includes a meeting with the regulatory agencies to discuss
the plan and construction schedule. Based on discussions with the City, it is assumed that
pot holing the existing cover soil on the East Side Landfill will be conducted by City
personnel.
Deliverables: Partial Final Closure and Post -Closure Plan
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all bidding documents to be advertised to contractors for the closure of the East Sica
Landfill. The drawings will include construction ready site conditions, grading plans,
drainage structures, and details for the closure. The specifications will involve all aspects
of the construction including clearing, grubbing, and stripping, excavating and stockpiling,
engineered fill and surface water drainage controls, gas well and probe extensions,
monolithic soil cover placement, and general contract requirements. Within this task, the
list of bid items and quantities will also be prepared as well as an engineer's estimate.
Deliverables: Construction Drawings, Specifications, and Bid Documents
Task IC: Closure Permitting and Bidding Assistance
Task 1C will consist of responding to comments or concerns raised by the regulatory
agencies during the review period. Vector will address all concerns raised by the agencies
and respond in written format quickly to minimize potential delays to the project. Once the
partial final closure and post -closure plan is approved by the agencies, Vector will assist
the City in advertising the closure construction project to contractors. Vectorwill attend the
pre -bid conference at the site, address questions, prepare addendums (if necessary),
review contractor bids, and check references.
Deliverables: Approved Partial Final Closure and Post -Closure Plan/Contractor
Task I D: Construction Quality Assurance Services
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Side Landfill. Vector will attend a preconstruction meeting with the selected contractor,
observe the closure construction for compliance with the plans and specifications, perform
field and laboratory testing and analyses of the monolithic cover, and prepare a final CQA
documentation report demonstrating compliance with the approved plan. The CQA
documentation report will be submitted to the regulatory agencies for approval.
Vector will provide one, full-time CQA Monitor experienced with earthworks construction.
In accordance to California State Law, Vector's CQA Monitor will be paid at the prevailing
wage rate. We have assumed that our Monitor will work a total of nine hours per day.
Based on the amount of monolithic cover soil to be placed, we have assumed that the
construction period necessary to complete the project will be 50 working days (2.5
months). Should the construction period differ from the proposed working days, Vector will
I - it , if - a - 0 a , . 6 0
Task 2: Operations Support/Fill Sequencing
Task 2 will consist of providing operations support to the City regarding interim phase
planning, winterization, and future expansion to the south. Interim phase planning is
-1Y A•97 L I V;t,%,2rJk U and ensure
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that any transitions to future cells occurs 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 forourdrawings. We
will also utilize the survey information provided by the City's surveyor to locate the current
waste location on the top deck.
The current base drawing will be updated using the October 2001 flyover and new refuse
survey information. 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 Vector's 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. After the above interim fill is completed, Vector
will utilize the new October 2002 flyover, and prepare an additional six month interim fill
plan.
Vector's landfill expert will attend meetings at the site to discuss winterization issues. This
includes drainage structures, erosion control features, fill sequencing, and winter deck
construction. Vector will also review the alternative interim cover program at that time.
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and assist site forces regarding future expansion issues.
1'.eliverables: Two Interim Phase Drawings (one year), Meeting Minutes,
Borrow Cut Plans I
Task 3: Final JTDIEIR Permitting -Regulatory Support
Vector previously provided support/review for the draft EIR. With the final EIR being
submitted in September or October, Vector will be available to provide regulatory
support in the same way as the draft EIR. In addition, Vector will be submitting the final
JTD for the expansion to the City at the end of October. During the regulatory
review/comment period for the JTD, Vector will be available to respond to concerns
raised by the regulatory agencies. Work performed under this task will be performed on
an as -needed basis. The City will only be charged for services rendered.
4
ATTACHMENT B
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The Partial Final Closure and Post -Closure Plan will be prepared by Vecto
reviewed by the City, and submitted to the regulatory agencies by the end
January 2003. 1
11 111111111111111111111 jl� 117
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Preparation of the technical specifications, construction drawings, bidding
documents, CQA plan, and engineer's estimate will be complete by the end
February 2003. This will enable the City to advertise the project early in 200
resulting in lower costs for construction. 11
This work will begin following submittal of the Partial Final Closure and Post -
Closure Plan and will continue until the plan is approved by the regulatory
agencies (up to 120 days). Vector will also provide bidding assistance during
advertisement of the closure construction. The work under this task should bitz
complete by the beginning of June 2003 (if the plan is submitted in February
2003).
Task I D — Construction Quality Assurance Services
At this time, the construction period for the closure is assumed to be 50 working
days. Assuming the work begins in June 2003, the project will be complete
approximately three months later.
A total of one year of operations support (two six-month fill sequence drawings)
has been proposed under this task.
I 201i I Ml
I I III
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This task will be open during the review of the final EIR and JTD, which is
expected to take approximately six months.
ATTACHMENT C
R Et o iiagai7d*&I[01 T_ W4AT51101*'`ftTl40to]A4"'cci1►14#aI" LCH1 [�3
Task 1 - Eastside Landfill Closure
CostsBudgeted
I Hours
Previous
Current
Hours Costs
Remaining
Hours Costs
'Task IA - Partial Final Closure Plan Preparation
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Russell $75/hr
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Butler���
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:! $ 5,200
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w Russell $75/hr
#sage sae «
Totali+
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Butler • i
Totalf
: 1
10,280
#
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20 $ 5,200
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0 $
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Mobilizationw
'Hydraulic Conductivity Testing ($260 each)
Shipping - lump sum
'Phone/FAX/Postage 1
'Totali
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Total .
A
ATTACHMENTESTIMATE
SUMMARY OF PROFESSIONAL SERVICES
- VECTOR ENGINEERING, INC
Tasks 2 & 3 - Operations and Permitting Support
Budgeted
Previous
Current
Remaining
Hours
Costs
Hours Costs
Hours Costs
Costs
EMU=
$100
:1alrd/Ramey/Leduc/Shafer
-i!
i
0 $
W. FTWTI M##
$90/hr
40 $
3,600
0 $
#
'Russell $75/hr
80 $
6,000,
0 $
Dodge/Campbell/Hemmen $65/hr
120 $
7,800
0 $
Butler $40/hr
16 $
640
0 $
Total - Task 2
3041 $
22,840
1
0i $
,Scoff Purdy - CEG $1 Oftr
6
$$
6,400
0 $
0� $
Woodward/Rarney/Leduc/Shafer $90/hr
7�
6,480
ols
0 $
Diu ri
'Russell $75/hr
2411 $
1,800
0 $
0 $
Dodge/Campbell/Hemmen $65/hr
40� $
2,600
0 $
0 $
Butler $401hr
24 $
960
0 $
0 $
Total - Task 3
2241 $
18,240
0 $
01 $
'Total Costs Tasks 1, 2, and 3
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The unit rates for personnel will be provided under the following categories and
individuals. Direct expenses will be converted to personnel hours.
Principal Professional (Purdy/Suryasasmita) - $1 00/hour
Senior Professional (RameyMoodward/ThieVLeduc/Shafer) - $90/hour
Project Professional (Russell) - $75/hour
Staff Professional (Dodge/Campbell/Hemmen/Eren) - $65/hour
Clerk (Butler) - $40/hour