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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