HomeMy WebLinkAbout24- Public Services ' CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Lynn Merrill,Director Subject Resolution authorizing the Mayor to execute the
First Amendment to the Agreement between the City
Dept: Public Services I and Bryan A. Stirrat and Associates relating to closure
` and maintenance engineering services at the former
Date: July 13, 2000 Waterman Landfill; and, authorizing the Purchasing
Manager to issue a purchase order to said vendor for soil
testing of landfill cover materials.
Council Meeting Date: August 7, 2000
Synopsis of Previous Council Action
12-16-96 Reso 96-380
Recommended Motion:
Adopt resolution ZAJ
Lynn Merrill
Contact person: Lynn Merrill Phone: 5140
Supporting data attached: Ward: All
FUNDING REQUIREMENTS:
Amount: $59,583
Source: 527-415-5502
Professional/Contract Services
Finance
Council Notes:
/Do
Agenda Item No.aq
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Resolution authorizing the Mayor to execute the First Amendment to the Agreement between the City and
Bryan A. Stirrat and Associates relating to closure and maintenance engineering services at the former
Waterman Landfill; and, authorizing the Purchasing Manager to issue a purchase order to said vendor for
soil testing of landfill cover materials.
BACKGROUND
The City of San Bernardino operated a sanitary landfill, for Municipal Solid Waste between 1950 and 1960,
on 19 acres of leased private property along the south bank of the Santa Ana River. Landfill operations
ceased in 1961 and the site was turned back over to the property owner. The site was adjacent to the
former Tri-City airport. The Santa Ana Regional Water Quality Control Board issued a notification some
years ago to Rancon Realty Fund IV,the current owners, and City of the need to close the landfill in
accordance with current standards. Because the City was the user of the facility for a landfill,the Water
Board made a determination that the City is the responsible party. At the July 24, 2000 Council meeting,
the Mayor and Common Council adopted a resolution, authorizing the Mayor to execute the First
Amendment to the Limited Access Easement Agreement (Temporary) between the City and Rancon
Realty Fund IV to allow the City and it's contractors access to the site.
On December 16, 1996 the Mayor and Common Council approved Resolution 96-380 authorizing an
agreement for professional services with Bryan A. Stirrat and Associates relating to the closure of the
former Waterman Landfill in the total amount of$136,907 from the Refuse Fund. Since 1996,the
Company has been performing a variety of engineering studies in order to comply with the closure and
monitoring requirements of the Santa Ana Regional Water Quality Control Board. These services include
testing of ground water and methane generation for constituents, development of various models to
determine the potential for ground water contamination, and negotiations with the Water Board for the
appropriate closure strategy,including identification of grading requirements and selection of cover
materials. Of the original $136,907,the company has been paid$87,324,leaving a remaining balance of
$49,583.unexpended.
Funding for the remainder of the project was included in the FY00/01 adopted budget. The purpose of
this First Amendment is only to extend the termination date of the agreement between the City and Bryan
A. Stirrat and Associates from August 16,2000 to August 16, 2001. The preparation of the various
studies,reports and documents and their subsequent review by the parties has taken longer than expected.
Both the City and the vendor feel that the remaining work will be completed in the additional year and
cost no more than the remaining$49,583. Sufficient funding for the remainder of this contract was
included in the FY00/01 Budget for this purpose.
In addition, staff is requesting that the Purchasing Manager be authorized to issue a separate purchase
order in the amount of$10,000 to Bryan A. Stirrat and Associates for soil testing of potential cover
materials to be used in the final closure. This work was not anticipated in the original scope of services.
The consultant has identified that the cover material must have certain characteristics in order to comply
with the Santa Ana Regional Water Quality Control Board's requirements for landfill closure. Under a
previously issued separate purchase order,the consultant has identified several potential sources of this
material; a specification will be developed in order to purchase this material in anticipation of final closure
to occur sometime next fiscal year. Once this material has been tested in order to ensure suitability,
negotiations for purchase of this soil material will be conducted either through a competitive bid process
or negotiated purchase. In consideration of the amount of soil needed to close the 19 acre site in
compliance with regulations,it is expected that up to $250,000 may be required to be budgeted in Fiscal
Year 2001-2002 for this purchase. The consultant will determine the actual quantity of soil necessary.
FINANCIAL IMPACT
Funding for the remainder of the original contract ($49,583) was included in the FY00-01 budget,
Professional/Contract Services, account 527-415-5502. Funding for the purchase order for soil testing of
the potential borrow source in the amount of$10,000 was also included in the FY00-01 budget under the
same account.
RECOMMENDATION
Adopt the resolution authorizing the Mayor to execute the First Amendment to the Agreement between
the City and Bryan A. Stirrat and Associates relating to closure and maintenance engineering services at the
former Waterman Landfill;and; authorize the Purchasing Manager to issue a$10,000 purchase order to
the same vendor for soil testing of landfill cover materials.
i
I Resolution No.
2 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE FIRST
AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND BRYAN A.
3 STIRRAT AND ASSOCIATES RELATING TO CLOSURE AND MAINTENANCE
4 ENGINEERING SERVICES AT THE FORMER WATERMAN LANDFILL;AND,
AUTHORIZING THE PURCHASING MANAGER TO ISSUE A PURCHASE ORDER
5 TO SAID VENDOR FOR SOIL TESTING OF LANDFILL COVER MATERIALS.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
7
8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
9 directed to execute on behalf of said City a First Amendment to the Agreement between the City
10 of San Bernardino and Bryan A. Stirrat and Associates,copy of which is attached hereto,marked
11 Exhibit "1" and incorporated herein by reference as fully as though set forth at length.
12 SECTION 2. The Purchasing Manager is hereby authorized and directed to issue a
13 purchase order to said company for soil testing of potential cover materials in an amount not to
14 exceed$10,000.
15
16 SECTION 3. The authorization to execute the above referenced amendment and
17 purchase order is rescinded if it is not issued within sixty(60) days of the passage of this resolution.
18
19
20
21
22
23
24
25
26
27
28
Jay 17,z000
1 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE FIRST
AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND BRYAN A.
2 STIRRAT AND ASSOCIATES RELATING TO CLOSURE AND MAINTENANCE
ENGINEERING SERVICES AT THE FORMER WATERMAN LANDFILL;AND,
3 AU'T'HORIZING THE PURCHASING MANAGER TO ISSUE A PURCHASE ORDER
4 TO SAID VENDOR FOR SOIL TESTING OF LANDFILL COVER MATERIALS.
5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof, held on
7 the day of , 2000, by the following vote,to wit:
$ Council Members: Ayes Nays Abstain Absent
9 ESTRADA
10 LIEN
Il
McGINNIS
12
SCHNETZ
13
14 SUAREZ
15
ANDERSON
16 McCAMMACK
17
18 Rachel Clark,City Clerk
19 City of San Bernardino
20 The foregoing resolution is hereby approved this day of
21 , 2000.
22
23 Judith Valles,Mayor
City of San Bernardino
24 Approved as to form and
Legal content;
25 James F. Penman,City Attorney
26 ✓�
BY:
27
28
July 17,2000 2
FIRST AMENDMENT TO
AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT is made as of this
day of , 2000, by and between BRYAN A.
STIRRAT&ASSOCIATES, "Engineer" and the CITY OF SAN BERNARDINO"CITY".
RECITALS
A. On or about January 16, 1997 "ENGINEER" and the "CITY" entered into an Agreement
for professional engineering services to prepare recommendations and a closure plan for a
municipal landfill site located at Vanderbilt/Waterman/Santa Ana River.
B. "ENGINEER" and the "CITY" desire to enter into this First Amendment in order to
extend the term of the Agreement from its expiration on August 16,2000 for a period of
one (1)year.
OPERATIVE PROVISIONS
NOW,THEREFORE,in consideration of the foregoing Recitals,which Recitals are
incorporated herein by reference, and of the mutual covenants contained herein,the parties hereto
agree as follows:
Paragraph 2 of the Agreement states the following:
... ... ... .."This Agreement shall expire as specified by the Exhibit "2" schedule
(attached) unless extended by written agreement of the parties."
A letter dated April 19, 2000 was received from"ENGINEER" advising the
termination date of the Agreement as August 16, 2000 and recommending the
extension of the Agreement for the period of one (1)year. (attached) "CITY" agrees
to a one (1)year extension to August 16, 2001.
Except as amended by the terms of this First Amendment,the Agreement shall remain in
full force and effect.
IN WITNESS WIIEREOF,the parties hereto have executed this First Amendment to the
Agreement between BRYAN A. STIRRAT&ASSOCIATES. and the CITY OF SAN
BERNARDINO for professional engineering services to prepare recommendations and a closure
plan for a municipal landfill site located at Vanderbilt/Waterman/Santa Ana River.
CITY OF SAN BERNARDINO BRYAN A. STIRRAT&ASSOCIATES
By: By:
Judith Valles,Mayor
ATTEST: Approved as to form
and legal content:
Rachel Clark,City Clerk JAMES F. PENMAN,
City Attorney
By: LL �,A,
0 Exhibit 11 1"
■ IN
MIN
■ IN
8SO����������■
m mm OEM
am
mm MIN
mm ME
ME
ONE
8m 1 1 Mill
8���������■ 1 I�M11
M11 M IN mom
0�������■ mm
■ 'Im���
0 IM11
�M11��■ Mill
sm
mm mm
• e��� Imo■ mm mm
mm mm
11M mm
MOM
Ml mm
I
t
_ r
p:
DAIE
W�-
BRYAN A. STIRRAT S ASSOCIATES
CIVIL AND ENVIRONMENTAL ENGINEERS
MEMORANDUM
TO: Lynn Merrill, City of San Bernardino IN: 9643
i
FROM: Michael A. Cullinane, P.E.
DATE: April 19, 2000
i
RE: FINAL CLOSURE WATERMAN LANDFILL
Per your request, 1 am submitting a projected spending plan for the Waterman Landfill.
Also per our meeting on April 11, 2000, 1 am proposing the following action items:
t
1
• In early July, Bryan A. Stirrat & Associates, Inc. (BAS) will prepare a conceptual rough
grading plan for the capping of the Waterman Landfill using an alternative cover
system consistent with the work plan submitted to the Regional Water Quality Control
Board (RWQCB). After concurrence from the City of this conceptual rough grading
plan, we would meet with the City and Rancon to discuss the conceptual plan. Based
on initial comments from Rancon and the City, modifications would be made to the
conceptual plan. This conceptual plan would then be submitted to Rancon at the end
of August or early September for their concurrence. I
• On or about the first part of the year (2001), it would be anticipated to receive final
concurrence or comments from Rancon, at which time the conceptual rough grading
plan would be finalized. The plan would then be submitted to the RWQCB for their !
information in approximately March 2001. At that time the City could start the soil
acquisition process which would be based on the acceptance of free dirt. There i
would be a minimum volume required (somewhere in the range of 50,000 yards) for
acceptance on site.
• Soil from these sources would be tested by Geologic Associates (GLA) to make sure
that it meets the alternative cover parameters outlined in the work plan previously
submitted to the RWQCB. I would estimate a minimum of soil from two sources and I
would need to be tested from April through August, 2001, as part of the soil
acquisition process.
Attached is an estimate of the estimated spending projection for your information.
L:ISBERCFM9991\coffs2000\MCSBO418.DOCUSBERCM'999I`C-2000`1NKSB0418.DOC
1360 Valley Vista Orive • Diamond Bar, CA 91765 • [9091 660-7777 • FAX fcinQi ar-n on,-7
RE: FINAL CLOSURE WATERMAN LANDFILL
April 19, 2000
Page 2
In addition, two contract elements need to be addressed. The first is to extend the BAS
contract which expires August 16, 2000. BAS recommends that the contract be extended
for another year. The second is funding for soil testing of the potential borrow sites. The
estimated cost to perform this testing is approximately $10,000.
Please advise if there should be any questions or you require additional information.
I
Attachment
BRYAN A.STIRRAT S ASSOCIATES
9�-.Yee -
EXHIBIT
AGREEMENT FOR PROFESSIQVAL SERVICES
2
1
T, This AGREEMENT is made and entered into this //G day of
- nC1Q / , 199VI, by and between the CITY OF SAN
BERNARDINO, California, a municipal corporation, hereinafter referred
to as the "CITY" and Bryan A. Stirrat and Associates, a California
corporation, hereinafter referred to as "Engineer. "
W I T N E S S E T H
WHEREAS, City desires to obtain professional engineering services
to prepare recommendations and a closure plan for a municipal landfill
site located at Vanderbilt/Waterman/Santa Ana River.
WHEREAS, in order to complete the evaluations, calculation and
documents, it is necessary to retain the professional services of a
qualified engineering and consulting firm; and
WHEREAS, Engineer is qualified to provide said professional
services; and
WHEREAS, San Bernardino City Council has elected to engage the
services of Engineer upon the terms and conditions as hereinafter set
forth.
NOW, THEREFORE, it is mutually agreed, as follows:
1. SCOPE OF SERVICES
Engineer shall perform those services specified in "Scope of
Services"and as contained in the proposal and as updated in a
transmittal letter dated June 24 , 1996 , a copy of which is attached
hereto as Exhibit 111" and incorporated as though set forth in full.
2 . TERM OF AGREEMENT
i
The services of Engineer are to commence within thirty (30) days
after the City has authorized work to start by issuance of a Notice to
Proceed. The scheduled completion dates specifically set forth in
Exhibit 112" attached hereto and incorporated herein as though set forth
in full, will be adjusted by Engineer as the City authorizes the work.
Such adjustments shall require City approval prior to commencement of 1
performance of each phase. This Agreement shall expire as specified by
the Exhibit 112" schedule unless extended by written agreement of the
parties.
3 . STANDARD OF PERFORMANCE
Engineer shall complete all work product and design in conform-
ance with Standard Specifications for Public Works Construction (Green-
book) the City of San Bernardino's Standard Drawings and the
requirements of Caltrans for independent bridge calculations
submittals.
4 . CHANGES/EXTRA SERVICES
A. Performance of the work specified in the "Scope of Ser-
vices, " is made an obligation of Engineer under this Agreement, subject
to any changes made subsequently upon mutual agreement of the parties.
All such changes shall be incorporated by written amendments to this
Agreement and include any inc_-ease or decrease in the amount of
compensation due Engineer for the change in scope. Any change which
has not been so incorporated shall not be binding on either party.
B. No extra services shall be rendered by Engineer under this
Agreement unless such extra services are authorized, in writing, by
City prior to performance of such work. Authorized extra services
shall be invoiced based on Engineer's "Schedule of Hourly Rates" dated
June 24 , 1996, a copy of which is attached, hereto, as Exhibit 114" and
incorporated herein as though set forth in full.
5. COMPENSATION
A. The City shall reimburse the Engineer for actual costs
(including labor costs, employee benefits,.- . overhead, profit, other
direct and indirect costs) incu�'ed7by the Engineer performance of
the work, in an amount not to a ceed $136, 907.00 Ac ual costs shall
not exceed the estimated wage es and other cost as set forth in
Exhibit 3 , attached hereto and inCFarpQra-ted-- herein as though set
forth in full.
B. Said compensation shall not be altered unless there is
significant alteration in the scope, complexity or character of the
work to be performed. Any such significant alteration shall be agreed
upon in writing by City and Engineer before commencement of performance
of such significant alteration by Engineer.
Any adjustment of the total cost of services will only be
permitted when the Engineer establishes and City has agreed, in
writing, that there has been, or is to be, a significant change in:
1. Scope, complexity, or character of the services to be
performed;
2. Conditions under which the work is required to be performed;
and
3 . Duration of work if the change from the time period speci-
fied in the Agreement for Completion of the work warrants
such adjustment.
f6 -3�D
C. The Engineer is required to comply with all Federal, State
and Local laws and ordinances applicable to the work. The Engineer is
required to comply with prevailing wage rates in accordance with
California Labor Code Section 1770 .
6. PAYMENT BY CITY
A. The billings for all services rendered pursuant to this
Agreement shall be submitted monthly by Engineer to City and shall be
paid by City within twenty (20) days after receipt of same, excepting
any amounts disputed by City. Dispute over any invoiced amount shall
be noticed to the Engineer within ten (10) days of billing and a meet
and confer meeting for purposes of resolution of such dispute shall be
initiated by the City within ten (10) days of notice of such dispute.
Interest of 1-1/2 percent per month (but not exceeding the maximum rate
allowable by law) will be payable on any amounts not in dispute and not
paid within thirty (30) days of the billing date, payment thereafter to
be applied first to accrued interest and then to the principal unpaid
amount. On disputed amounts, interest shall accrue from thirty (30)
days of the invoice date if the amount in dispute is resolved in favor
of the Engineer. All tasks as specified in Exhibit "1" shall be
completed prior to final payment.
B. Section 9-1. 10 of the CalTrans Standard Specifications is
hereby specifically waived and not applicable to this agreement. The
parties hereto otherwise agree not to be bound by any other require-
ments for arbitration of any dispute arising hereunder. Disputes shall
be resolved by agreement of the parties, or upon the failure of such
agreement, by direct application to the Courts.
C. Should litigation be necessary to enforce any term or
provision of this Agreement, or to collect any portion of the amount
payable under this Agreement, then all litigation and collection
expenses, witness fees, and court costs, and attorney's fees shall be
paid to the prevailing party.
7. SUPERVISION AND ACCEPTANCE OF SERVICES
A. The Director of Public Works of City, or his designee, shall
have the right of general supervision over all work performed by
Engineer and shall be City's agent with respect to obtaining Engineer's
compliance hereunder. No payment for any services rendered under this
Agreement shall be made without prior approval of the Director of
Public Works or his designee.
B. The Office of the Administrator may review and inspect the
Engineer's activities during the progress of the program.
8. COMPLIANCE WITH CIVIL RIGHTS LAWS
Engineer hereby certifies that it will not discriminate against
any employee or applicant for employment because of race, color,
religion, sex, marital status or national origin. Engineer shall
promote affirmative action in its hiring practices and employee
policies for minorities and other designated classes in accordance with
Federal , State and Local laws. Such action shall include, but not be
limited to, the following: recruitment and recruitment advertising,
employment, upgrading, and promotion. In addition, Engineer shall not
exclude from participation under this Agreement any employee or
applicant for employment on the basis of age, handicap, or religion in
compliance with State and Federal laws.
9 . TERMINATION OF AGREEMENT
A. This agreement may be terminated by either party upon thirty
(30) days' written notice in the event of substantial failure of the
other party to perform in accordance with the terms of this Agreement.
Each party shall have twenty (20) days following date of such notice
within which to correct the substantial failure, giving rise to such
notice. In the event of termination of this Agreement, City shall
within thirty (30) days pay Engineer for all the fees, charges and
services performed to City's satisfaction by Engineer, which finding of
satisfaction shall not be unreasonably withheld. Engineer hereby
covenants and agrees that upon termination of this Agreement for any
reason, Engineer will preserve and make immediately available to City,
or its designated representatives, maps, notes, correspondence, or
records related to work paid for by the City and required for its
timely completion, and to fully cooperate with City so that the work to
be accomplished under this Agreement may continue within forty-five
(45) days of termination. Any subsequent use of such incomplete
documents shall be at the sole risk of the City, and the City agrees to
hold harmless and indemnify Engineer from any claims, losses, costs,
including attorney's fees and liability arising out of such use.
Engineer shall be compensated for such services in accordance with
Exhibit
B. This agreement may be terminated for the convenience of the
City upon thirty (30) days written notice to Engineer. Upon such
notice, Engineer shall provide work product to City, and City shall
compensate Engineer in the manner set forth above.
C. Following the effective date of termination of this
Agreement pursuant to this section, the Agreement shall continue until
all obligations arising from such termination are satisfied.
I
10. CONTINGENCIES
In the event that, due to causes beyond the control of and
without the fault or negligence of Engineer, Engineer fails to meet any
of its obligations under this Agreement, and such failure shall not
constitute a default in performance, the City may grant to Engineer `
such extensions of time and make other arrangements or additions,
excepting any increase in payment, as may be reasonable under the
circumstances. Increases in payment shall be made only under the
"changes" provision of this Agreement. Engineer shall notify City
within three (3) days in writing when it becomes aware of any event or
circumstance for which it claims or may claim an extension.
11. INDEPENDENT CONTRACTOR
Engineer shall act as an independent contractor in the perfor-
mance of the services provided for under this Agreement. Engineer
shall furnish such services in its own manner and in no respect shall
it be considered an agent or employee of City.
12 . ASSIGNMENT OR SUBCONTRACTING
Neither this Agreement, nor any portion thereof, may be assigned
by Engineer without the written consent of City. Any attempt by
Engineer to assign or subcontract any performance of this Agreement
without the written consent of the City shall be null and void and
shall constitute a breach of this Agreement. All subcontracts
exceeding $10, 000, shall contain all provisions of this contract.
13 . NOTICES
All official notices relative to this Agreement shall be in
writing and addressed to the following representatives of Engineer and
City:
ENGINEER CITY
Mr. Michael A. Cullinane Mr. Roger Hardgrave
Bryan A. Stirrat and Associates, Inc Director of Public
1360 Valley Vista Dr. Works/
Diamond Bar, CA 91765 City Engineer
300 North "D" Street
San Bernardino, CA
92418
3
14 . RESPONSIBILITIES OF PARTIES #
A. The Engineer may reasonably rely upon the accuracy of
provided through the City or its agents without independent evaluations
B. The City shall pay all costs of inspection and permit fees.
Charges not specifically covered by the terms of this Agreement shall
be paid as agreed by the parties hereto at the time such costs arise;
but in no event shall the work to be performed hereunder cease as a
consequence of any unforeseen charges unless by mutual written
agreement of City and Engineer.
C. All tracings, survey notes, and other original documents are
instruments of service and shall remain the property of Engineer except
where by law, precedent, or agreement these documents become public
property. All such documents or records shall be made accessible to
City. Engineer shall maintain all records for inspection by the City,
State, or their duly authorized representatives for a period of three
(3) years after final payment. Engineer shall stamp and sign all
specifications, estimates, plans and engineering data furnished, and,
where appropriate, indicate registration number.
15. CONSTRUCTION COST ESTIMATES
A. Any opinion of the construction cost prepared by Engineer
represents his judgment as a design professional and is supplied for
the general guidance of the City. Since Engineer has no control over
the cost of labor and material, or over competitive bidding or market
conditions, Engineer does not guarantee the accuracy of such opinions
as compared to contractor bids or actual cost to the City. For this
project, no independent check of the existing engineering estimate is
required.
16. COVENANT AGAINST CONTINGENT FEE
Engineer warrants that no person or selling agency has been
employed or retained to solicit or secure this Agreement upon an
agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by the Engineer for the
purpose of securing business. For breach or violation of this
warranty, City shall have the right to terminate this Agreement in
accordance with the clause permitting termination for cause and, at its
sole discretion, to deduct from the Agreement price or consideration,
or otherwise recover, the full amount of such commission, percentage,
brokerage or contingent fee.
17 . HOLD HARMLESS CLAUSE
A. Engineer hereby agrees to hold City, its elective, and
appointive boards, officers, and employees, harmless from any liability
for damage or claims for damage for personal injury including death, as
well as from claims for property damage, which may arise from Eng-
ineer's negligent acts, errors or omissions under this Agreement.
B. Engineer shall indemnify, defend and hold free and harmless
the City, its officers, and its employees from all claims, damages,
costs, expenses, and liability, including, but not limited to, attor-
ney's fees imposed upon them for any alleged infringement of patent
rights or copyrights of any person or persons in consequence of the use
by City, its officers, employees, agents, and other duly authorized
representatives, of programs or processes supplied to City by Engineer
under this Agreement.
3
18 . INDEMNITY f
s
Engineer shall indemnify, defend and hold harmless City from and
against any and all claims, demands, suits, actions, proceedings,
judgments, losses, damages, injuries, penalties, costs, expenses
(including attorney's fees) , and liabilities, of, by, or with respect
to third parties, which arise solely from Engineer's negligent
performance of services under this Agreement. Engineer shall not be
responsible for, and City shall indemnify, defend, and hold harmless
Engineer from and against, any and all claims, demands, suits, actions,
proceedings, judgments, losses, damages, injuries, penalties, costs,
expenses (including attorney's fees) and liabilities of, by, or with
respect to third parties, which arise solely from the City's j
negligence. With respect to any and all claims, demands, suits,
actions, proceedings, judgments, losses, damages, injuries, penalties,
costs, expenses (including attorney's fees) and liabilities of, by or
with respect to third parties, which arise from the joint or concurrent
negligence of Engineer and City, each party shall assume responsibility
in proportion to the degree of its respective fault.
19. LIABILITY/INSURANCE
A. Engineer's liability insurance for injury or damage to
persons or property arising out of work for which legal liability may
be found to rest upon Engineer other than for professional errors and
omissions, shall be a minimum of $1, 000, 000. For any damage on account
of any error, omission, or other professional negligence, Engineer's +
insurance shall be limited in a sum not to exceed $50, 000 or Engineer's
fee, whichever is greater.
B. The City will require the Engineer to provide Workers
Compensation and comprehensive general liability insurance, including
completed operations and contractual liability, with coverage suffi-
cient to insure the Engineer's indemnity, as above required; and, such
insurance will include the City, the Engineer, their consultants, and
each of their officers, agents and employees as additional insureds.
t
C. Engineer shall provide evidence of insurance in the form of
a policy of insurance, in which the City is named as an additional
named insured to the extent of the coverage required by this Agreement.
20. VALIDITY
Should any provision herein be found or deemed to be invalid,
this Agreement shall be construed as not containing such provision, and
all other provisions which are otherwise lawful shall remain in full
force and affect, and to this end the provisions of this Agreement are
declared to be severable.
21. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement
between the parties hereto and supersedes all prior and contemporaneous
negotiations, representations, understandings, and agreements, whether
written or oral, with respect to the subject matter thereof. This
Agreement may be amended only by written instrument signed by both
parties.
U - p
AGREEMENT FOR: ENGINEERING EVALUATIONS AND RECOMMENDATIONS FOR
MUNICIPAL LANDFILL CLOSURE PLAN
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed on the date written above by their duly authorized
officers on their behalf.
CITY OF SAN BERNARDINO
BY:
T m Minor, Mayor
ATTEST:
B
Rach Clark, City Clerk
BRYAN A. STIRRAT & ASSOCIATES
By: f
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By.
August 11, 2000
Mr. Michael A. Cullinane
Bryan A. Stirrat and Associates, Inc.
1360 Valley Vista Drive
Diamond Bar, CA 91765
Dear Mr. Cullinane,
At the Mayor and Common Council meeting of August 7, 2000, the City of San Bernardino
adopted Resolution 2000-244 — Resolution authorizing the First Amendment to the Agreement
between the City and Bryan A. Stirrat and Associates relating to closure and maintenance
engineering services at the former Waterman Landfill..
Enclosed is one (1) original agreement. Please sign in the appropriate location and return the
original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San
Bernardino, CA 92402, as soon as possible.
Please retain a copy of the executed agreement for your files.
Please be advised that the resolution and agreement will be null and void if not executed by
October 6, 2000.
If you have any questions, please do not hesitate to contact me at(909)384-5002.
Sincerely,
Michelle Taylor
Senior Secretary