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Dudek & Associates
Landfill Remediation
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF I AGREEMENT #473C
R1240, 3-17-04
CONTRACT SERVICES AGREEMENT THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered
into this_�day of VTVLA 2004, by and between the COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM SPRINGS, a public body corporate and politic,(herein"Agency')
and DUDEK & ASSOCIATES, INC. (herein "Contractor'). The term Contractor includes
professionals performing in a consulting capacity. The parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, the Contractor shall provide those services specified in the "Scope of Services"
attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be
referred to herein as the "services" or"work" hereunder. As a material inducement to the Agency
entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first
class work and services and Contractor is experienced in performing the work and services
contemplated herein and, in light of such status and experience, Contractor covenants that it shall
follow the highest professional standards in performing the work and services required hereunder
and that all materials will be of good quality, fit for the purpose intended. For purposes of this
Agreement, the phrase "highest professional standards" shall mean those standards of practice
recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's
proposal or bid which shall be incorporated herein by this reference as though fully set forth herein.
In the event of any inconsistency between the terms of such proposal and this Agreement,the terms
of this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be provided in
accordance with all ordinances, resolutions, statutes, rules and regulations of the City of Palm
Springs and any Federal, State or local governmental agency having jurisdiction in effect at the time
service is rendered.
1.4 Licenses, Permits. Fees and Assessments. Contractor shall obtain at its sole
cost and expense such licenses, permits and approvals as may be required by law for the
performance of the services required by this Agreement. Contractor shall have the sole obligation to
pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be
imposed by law and arise from or are necessary for the Contractor's performance of the services
required by this Agreement, and shall indemnify, defend and hold harmless Agency against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against Agency
hereunder.
1.5 Familiarity with Work. By executing this Contract, Contractor warrants that
Contractor(a)has thoroughly investigated and considered the scope of services to be performed(b)
has carefully considered how the services should be performed and (c) fully understands the
facilities, difficulties and restrictions attending performance of the services underthis Agreement. If
the services involve work upon any site, Contractor warrants that Contractor has, or will, investigate
the site and is or will be fully acquainted with the conditions there existing, prior to commencement
of services hereunder. Should the Contractor discover any latent or unknown conditions,which will
materially affect the performance of the services hereunder, Contractor shall immediately inform the
Agency of such fact and shall not proceed except at Contractor's risk until written instructions are
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received from the Contract Officer.
1.6 Care of Work. The Contractor shall adopt reasonable methods during the
life of the Agreement to furnish continuous protection to the work, and the equipment, materials,
papers,documents, plans, studies and/or other components thereof to prevent losses ordamages,
and shall be responsible for all such damages,to persons or property, until acceptance of the work
by Agency, except such losses or damages as may be caused by Agency's own negligence.
1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care
and diligence to perform their respective obligations under this Agreement. Both parties agree to act
in good faith to execute all instruments, prepare all documents and take all actions as may be
reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified,
neither party shall be responsible for the service of the other.
1.8 Additional Services. Agency shall have the right at any time during the
performance of the services, without invalidating this Agreement, to order extra work beyond that
specified in the Scope of Services or make changes by altering, adding to or deducting from said
work. No such extra work may be undertaken unless a written order is first given by the Contract
Officer to the Contractor,incorporating therein any adjustment in(i)the Contract Sum,and/or(ii)the
time to perform this Agreement, which said adjustments are subject to the written approval of the
Contractor. Any increase in compensation of up to ten percent (10%) of.the Contract Sum or
$25,000;whichever is less,or in the time to perform of up to one hundred eighty(180)days may be
approved by the Contract Officer. Any greater increases, taken either separately or cumulatively
must be approved by the Agency. It is expressly understood by Contractor that the provisions of this
Section shall not apply to services specifically set forth in the Scope of Services or reasonably
contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to
be provided pursuant to the Scope of Services may be more costly or time consuming than
Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.
1.9 Special Requirements. Additional terms and conditions of this Agreement,
if any, which are made a part hereof are set forth in the"Special Requirements"attached hereto as
Exhibit `B" and incorporated herein by this reference. In the event of a conflict between the
provisions of Exhibit'B" and any other provisions of this Agreement, the provisions in Exhibit"B"
shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,the
Contractor shall be compensated in accordance with the "Schedule of Compensation" attached
hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum
contract amount of twenty-eight thousand eight hundred and seventy dollars ($28,870.00)(herein
"Contract Sum"), except as provided in Section 1.8. The method of compensation may include(1)a
lump sum payment upon completion,(ii)payment in accordance with the percentage of completion
of the services, (iii)payment for time and materials based upon the Contractor's rates as specified in
the Schedule of Compensation, but not exceeding the Contract Sum or(iv)such other methods as
may be specified in the Schedule of Compensation. Compensation may include reimbursement for
actual and necessary expenditures for reproduction costs, telephone expense, transportation and
per diem expense approved by the Contract Officer in advance, and no other expenses and only if
specified in the Schedule of Compensation. The Contract Sum shall include the attendance of
Contractor at all project meetings reasonably deemed necessary by the Agency;Contractor shall not
be entitled to any additional compensation for attending said meetings.
2.2 Method of Payment. Unless some other method of payment is specified in
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the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no
laterthan the first(15`)working day of such month, Contractor shall submit to the Agency in the form
approved by the Agency's Director of Finance, an invoice for services rendered prior to the date of
the invoice. Except as provided in Section 7.3,Agency shall pay Contractor for all expenses stated
thereon which, are approved by Agency pursuant to this Agreement no later than the last working
day of the month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. Contractor shall commence the services pursuant
to this Agreement upon receipt of a written notice to proceed and shall perform all services within
the time period(s)established in the"Schedule of Performance" attached hereto as Exhibit"D", if
any, and incorporated herein by this reference. When requested by the Contractor, extensions to
the time perod(s) specified in the Schedule of Performance may be approved in writing by the
Contract Officer but not exceeding one hundred eighty(180)days cumulatively.
3.3 Force Maieure. The time period(s)specified in the Schedule of Performance
for performance of the services rendered pursuant to this Agreement shall be extended because of
any delays due to unforeseeable causes beyond the control and without the fault or negligence of
the Contractor, including, but not restricted to,acts of God or of the public enemy,unusually severe
weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight
embargoes, wars, litigation, and/or acts of any governmental agency, including the Agency, if the
Contractor shall within ten(10)days of the commencement of such delay notify the Contract Officer
in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of
delay, and extend the time for performing the services for the period of the enforced delaywhen and
if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination
shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be
entitled to recover damages against the Agency for any delay in the performance of this Agreement,
however caused, Contractor's sole remedy being extension of the Agreement pursuant to this
Section.
3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this
Agreement,this Agreement shall continue in full force and effect until completion of the services but
not exceeding two(2)years from the date hereof, except as otherwise provided in the Schedule of
Performance (Exhibit°D").
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor are
hereby designated as being the principals and representatives of Contractor authorized to act in its
behalf with respect to the work specified herein and make all decisions in connection therewith:
Derek M. Reed, P.E., Senior Engineer
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for Agency to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Contractorand devoting sufficient time to personally supervise the services
hereunder. For purposes of this Agreement,the foregoing principals may not be replaced nor may
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their responsibilities be substantially reduced by Contractor without the express written approval of
Agency.
4.2 Contract Officer. The Contract Officer shall be such person as may be
designated by the Agency Executive Director. It shall be the Contractor's responsibility to assure
that the Contract Officer is kept informed of the progress of the performance of the services and the
Contractor shall refer any decisions which must be made by Agency to the Contract Officer. Unless
otherwise specified herein, any approval of Agency required hereunder shall mean the approval of
the Contract Officer, The Contract Officer shall have authority to sign all documents on behalf of the
Agency required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Contractor, its principals and employees were a substantial
inducement for the Agency to enter into this Agreement. Therefore, Contractor shall not contract
with any other entity to perform in whole or in part the services required hereunder without the
express written approval of the Agency. In addition, neither this Agreement nor any interest herein
may be transferred,assigned,conveyed, hypothecated or encumbered voluntarily or by operation of
law, whether for the benefit of creditors or otherwise,without the prior written approval of Agency.
Transfers restricted hereunder shall include the transfer to any person or group of persons acting in
concert of more than twenty five percent (25%) of the present ownership and/or control of
Contractor, taking all transfers into account on a cumulative basis. In the event of any such
unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No
approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder
without the express consent of Agency.
The Agency's policy is to encourage the awarding of subcontracts to persons or entities with
offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are
available,to persons or entities with offices located in the Coachella Valley("Local Subcontractors").
Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors,if
Local Subcontractors are qualified to perform the work required. In requesting for the Agency to
consent to a subcontract with a person or entity that is not a Local Subcontractor, the Contractor
shall submit evidence to the Agency that such good faith efforts have been made or that no Local
Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by
placing advertisements inviting proposals or by sending requests for proposals to selected Local
Subcontractors. The Agency may consider Contractor's efforts in determining whether it will consent
to a particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies
of all contracts and subcontracts hereunder for the period specified in Section 6.2.
4.4 Independent Contractor. Neither the Agency nor any of its employees shall
have any control over the manner, mode or means by which Contractor, its agents or employees,
perform the services required herein, except as otherwise set forth herein. Agency shall have no
voice in the selection, discharge, supervision or control of Contractor's employees, servants,
representatives or agents, or in fixing their number, compensation or hours of service. Contractor
shall perform all services required herein as an independent contractor of Agency and shall remain
at all times as to Agency a wholly independent contractor with only such obligations as are
consistent with that role. Contractor shall not at anytime or in any manner represent that it or any of
its agents or employees are agents or employees of Agency. Agency shall not in anyway or for any
purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint
venturer or a member of any joint enterprise with Contractor,
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5.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and
expense, in a form and content satisfactory to Agency, during the entire term of this Agreement
including any extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance. A policy of commercial general
liability insurance written on a per occurrence basis with a combined single limit of at least
$1,000,000 bodily injury and property damage including coverages for contractual liability,
personal injury, independent contractors, broad form property damage, products and
completed operations. The Commercial General Liability Policy shall name the Agency as
additional insured in accordance with standard ISO additional insured endorsement form
CG2010(1185) or equivalent language.
(b)Worker's Compensation Insurance. A policy of worker's compensation
insurance in an amount which fully complies with the statutory requirements of the State of
California and which includes $1,000,000 employer's liability.
(c) Business Automobile Insurance.A policy of business automobile liability
insurance written on a per occurrence basis with a single limit liability in the amount of
$1,000,000 bodily and property damage. Said policy shall include coverage for owned,non-
owned, leased and hired cars.
(d)Additional Insurance. Additional limits and coverages, which may include
professional liability insurance, will be specified in Exhibit`B".
All of the above policies of insurance shall be primary insurance and issued by companies
whose rating satisfies the requirements in Section 5.4 of this agreement. The insurer shall waive all
rights of subrogation and contribution it may have against the Agency, its officers, employees and
agents, and their respective insurers. In the event any of said policies of insurance are canceled,the
Contractor shall, prior to the cancellation date,submit new evidence of insurance in conformance with
this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence
until the Contractor has provided the Agency with Certificates of Insurance, endorsements or
appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance, endorsements, or binders are approved by the Agency.
The contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting
in anyway the extent to which the Contractor may be held responsible for the payment of damages to
any persons or property resulting from the Contractor's activities or the activities of any person or
person for which the Contractor is otherwise responsible.
In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3
of this Agreement the contract between the Contractor and such subcontractor shall require the
subcontractor to maintain the same polices of insurance that the Contractor is required to maintain
pursuant to this Section.
5.2 Indemnification. Contractor agrees to indemnify the Agency, its officers,agents
and employees against, and will hold and save them, and each of them, harmless from any and all
actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors,
omissions or liabilities, (herein "claims or liabilities")that may be asserted or claimed by any person,
firm or entity arising out of or in connection with the negligent performance of the work, operations or
activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or
arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's
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negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement,whether or not there is concurrent passive or active negligence on the part of the Agency,
its officers, agents or employees but excluding such claims or liabilities arising from the sole
negligence or willful misconduct of the Agency, its officers, agents or employees, who are directly
responsible to the Agency, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with
any of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys' fees incurred in connection therewith;
(b) Contractorwill promptly payanyjudgment rendered against the Agency,
its officers, agents or employees for any such claims or liabilities arising out of or in connection
with the negligent performance of or failure to perform such work, operations or activities of
Contractor hereunder;and Contractor agrees to save and hold the Agency,its officers,agents,
and employees harmless therefrom;
(c) In the event the Agency, its officers, agents or employees are made a
party to any action or proceeding filed or prosecuted against Contractor for such damages or
other claims arising out of or in connection with the negligent performance of or failure to
perform the work,operation or activities of Contractor hereunder,Contractor agrees to pay to
the Agency, its officers,agents or employees, any and all costs and expenses incurred by the
Agency, its officers, agents or employees in such action or proceeding, including but not
limited to, legal costs and attorneys'fees.
5.3 Performance Bond. Concurrently with execution of this Agreement,Contractor
shall deliver to Agency a performance bond in the sum of the amount of this Agreement, in the form
provided by the Agency, which secures the faithful performance of this Agreement, unless such
requirement is waived by the Contract Officer. The bond shall contain the original,notarized signature
of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his
power of attorney. The bond shall be unconditional and remain in force during the entire term of the
Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms
and conditions of this Agreement.
5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement
shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or
better in the most recent edition of Best's Key Rating Guide or in the Federal Register, unless such
requirements are waived by the Agency Executive Director or designee of the Agency Executive
Director due to unique circumstances. In the event the Agency Executive Director determines that the
work or services to be performed under this Agreement create an increased or decreased risk of loss
to the Agency, the Contractor agrees that the minimum limits of the insurance policies and the
performance bond required by this Section 5 may be changed accordingly upon receipt of written
notice from the Agency Executive Director or designee; provided that the Contractor shall have the
rightto appeal a determination of increased coverage bythe Executive Directorto the Agencywithin
ten (10)days of receipt of notice from the Executive Director.
6.0 REPORTS AND RECORDS
6.1 Reports. Contractor shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this Agreement as the
Contract Officer shall require. Contractor hereby acknowledges that the Agency is greatly concerned
about the cost of work and services to be performed pursuant to this Agreement. For this reason,
Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or
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events that mayor will materially increase or decrease the cost of the work or services contemplated
herein or, if Contractor is providing design services,the cost of the project being designed,Contractor
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Contractor is providing design services,
the estimated increased or decreased cost estimate for the project being designed.
6.2 Records. Contractor shall keep, and require subcontractors to keep, such
books and records as shall be necessary to perform the services required by this Agreement and
enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall
have full and free access to such books and records at all times during normal business hours of
Agency, including the right to inspect, copy, audit and make records and transcripts from such
records. Such records shall be maintained for a period of three(3)years following completion of the
services hereunder, and the Agency shall have access to such records in the event any audit is
required
6.3 Ownership of Documents. All drawings, specifications, reports, records,
documents and other materials prepared by Contractor, its employees,subcontractors.and agents in
the performance of this Agreement shall be the property of Agency and shall be delivered to Agency
upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have
no claim for further employment or additional compensation as a result of the exercise by Agency of its
full rights of ownership of the documents and materials hereunder. Any use of such completed
documents for other projects and/or use of uncompleted documents without specific written
authorization by the Contractor will be at the Agency's sole risk and without liability to Contractor,and
the Agency shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain
copies of such documents for its own use. Contractor shall have an unrestricted right to use the
concepts embodied therein. All subcontractors shall provide for assignment to Agency any
documents or materials prepared by them, and in the event Contractor fails to secure such
assignment, Contractor shall indemnify Agency for all damages resulting therefrom.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Contractor in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract Officer.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted both as to
validity and to performance of,the parties in accordance with the laws of the State of California. Legal
actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Riverside,State of California,or any other appropriate
court in such county. Contractor covenants and agrees to submit to the personal jurisdiction of such
court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement,the injured
party shall notify the injuring party, in writing, of its contentions by submitting a claim therefor. The
injured party shall continue performing its obligations hereunder so long as the injuring party
commences to cure such default within ten(10)days of service of such notice and completes the cure
of such default within forty-five (45)days after service of the notice, or such longer period as may be
permitted by the injured party; provided that if the default is an immediate danger to the health,safety
and general welfare,such immediate action may be necessary. Compliance with the provisions of this
Section shall be a condition precedent to termination of this Agreement for cause and to any legal
action, and such compliance shall not be a waiver of any party's right to take legal action in the event
that the dispute is not cured, provided that nothing herein shall IimitAgency's orthe Contractor's right
to terminate this Agreement without cause pursuant to Section 7.8.
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7.3 Retention of Funds. Contractor hereby authorizes Agency to deduct from any
amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the
payment of which may be in dispute hereunder or which are necessary to compensate Agency for any
losses, costs, liabilities,or damages suffered by Agency,and(ii)all amounts for which Agency may be
liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform
Contractor's obligation under this Agreement. In the event that any claim is made by a third party,the
amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall
appearto be the basis fora claim of lien,Agency may withhold from any payment due,without liability
for interest because of such withholding, an amount sufficient to cover such claim. The failure of
Agencyto exercise such right to deduct or to withhold shall not, however,affect the obligations of the
Contractor to insure, indemnify, and protect Agency as elsewhere provided herein.
7.4 Waiver. No delay or omission in the exercise of any right or remedy by a non-
defaulting party on any default shall impair such right or remedy or be construed as a waiver. A parVs
consent to or approval of any act by the other party requiring the parVs consent or approval shall not
be deemed to waive or render unnecessary the other parVs consent to or approval of any subsequent
act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement,the rights and remedies of the parties
are cumulative and the exercise by either party of one or more of such rights or remedies shall not
preclude the exercise by it,at the same or different times, of any other rights or remedies for the same
default or any other default by the other party.
7.6 Legal Action. In addition to any other rights or remedies,either party may take
legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any
default,to compel specific performance of this Agreement,to obtain declaratoryor injunctive relief,or
to obtain any other remedy consistent with the purposes of this Agreement.
7.7 Liquidated Dama,es. Since the determination of actual damages for any delay
in performance of this Agreement would be extremely difficult or impractical to determine in the event
of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the
Agency the sum of ($ -None- ) as liquidated damages for each working day of delay in the
performance of any service required hereunder,as specified in the Schedule of Performance(Exhibit
"D"). The Agency may withhold from any monies payable on account of services performed by the
Contractor any accrued liquidated damages.
7.8 Termination Prior to Expiration of Term. This Section shall govern any
termination of this Agreement except as specifically provided in the following Section for termination
for cause. The Agency reserves the right to terminate this Agreement at any time, with or without
cause, upon thirty(30)days written notice to Contractor, except that where termination is due to the
fault of the Contractor, the period of notice may be such shorter time as may be determined by the
Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any
time, with or without cause, upon sixty (60) days written notice to Agency, except that where
termination is due to the fault of the Agency, the period of notice may be such shorter time as the
Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately
cease all services hereunder except as maybe specifically approved by the Contract Officer. Except
where the Contractor has initiated termination,the Contractor shall be entitled to compensation for all
services rendered prior to the effective date of the notice of termination and for any services
authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or as
may be approved by the Contract Officer, except as provided in Section 7.3. In the event the
H:\USERS\CURTISW\RAMON GENE AUTRY RETAIL\CONTRACT SERVICE AGREEMENT DUDEK
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Contractor has initiated termination, the Contractor shall be entitled to compensation only for the
reasonable value of the work product actually produced hereunder. In the event of termination without
cause pursuant to this Section, the terminating party need not provide the non-terminating party with
the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor. If termination is due to the failure of the
Contractor to fulfill its obligations under this Agreement, Agency may, after compliance with the
provisions of Section 7.2, take over the work and prosecute the same to completion by contract or
otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the
services required hereunder exceeds the compensation herein stipulated (provided that the Agency
shall use reasonable efforts to mitigate such damages), and Agency may withhold any payments to
the Contractor for the purpose of set-off or partial payment of the amounts owed the Agency as
previously stated.
7.10 Attomeys'Fees. If either party to this Agreement is required to initiate or defend
or made a parry to any action or proceeding in anyway connected with this Agreement,the prevailing
party in such action or proceeding, in addition to any other relief which maybe granted,whether legal .
or equitable, shall be entitled to reasonable attorney's fees. Attoney's fees shall include attorney's
fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed
to have accrued on commencement of such action and shall be enforceable whether or not such
action is prosecuted to judgment.
8.0 AGENCY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability ofAgencv Officers and Emolovees. No officer or employee of the
Agency shall be personally liable to the Contractor, or any successor in,interest, in the event of any
default or breach by the Agency or for any amount which may become due to the Contractor or to its
successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of the Agency shall have any
financial interest,direct or indirect, in this Agreement nor shall any such officer or employee participate
in any decision relating to the Agreement which effects his financial interest or the financial interest of .
any corporation, partnership or association in which he is, directly or indirectly,interested, in violation
of any State statute or regulation. The Contractor warrants that it has not paid or given and will not
pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination. Contractor covenants that,by and for itself,
its heirs, executors, assigns, and all persons claiming under or through them,that there shall be no
discrimination against or segregation of, any person or group of persons on account of race, color,
creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement.
Contractor shall take affirmative action to insure that applicants are employed and that employees are
treated during employment without regard to their race, color, creed, religion, sex, marital status,
national origin, or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other parry or any other person shall be
in writing and either served personally or sent by prepaid,first-class mail, in the case of the Agency,to
the Agency Executive Director and to the attention of the Contract Officer, COMMUNITY
H:\USERS\CURTISw\RAMON GENE AUTRY RETAIL\CONTRACT SERVICE AGREEMENT DUDEK
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REDEVELOPMENT AGENCY OF PALM SPRINGS, P.O. Box 2743, Palm Springs,California 92263.
In the case of the Contractor, it should be addressed to the person at the address designated on the
execution page of this Agreement. Either party may change its address by notifying the other party of
the change of address in writing. Notice shall be deemed communicated at the time personally
delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section,
9.2 Interpretation. The terms of this Agreement shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either party by reason
of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Integration; Amendment. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any
and all previous negotiations, arrangements, agreements and understandings, if any, between the
parties,and none shall be used to interpret this Agreement. This Agreement may be amended at any
time by the mutual consent of the parties by an instrument in writing.
9.4 Severability. In the event that any one or more of the phrases, sentences,
clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or
unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or
sections of this Agreement which are hereby declared as severable and shall be interpreted to carry
out the intent of the parties hereunder unless the invalid provision is so material that its invalidity
deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.5 Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that(i)such party is duly organized and existing, (ii)they are duly authorized to
execute and deliver this Agreement on behalf of said party,(iii)by so executing this Agreement,such
party is formally bound to the provisions of this Agreement, and (iv)the entering into this Agreement
does not violate any provision of any other Agreement to which said party is bound.
(Signatures on next page)
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va/VN/2uV4 11:20 rAX 849 223 1180 ALESHIRE & WYNOER, LLP IM 002/002
IN WITNESS WHEREOF,the parties have executed and entered Into this Agreement as ofthe date
first written above.
COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS
ATTEST: a public body corporate and public
By: By;
Assistant Secretary Chairman
APPROVED AS TO FORM:
Vv-
By;
Agency Counsel
CONTRACTOR: Check one:_Individual_Partnership Corporation
Corporatlons raguke two notadzod alpnatures:On¢signature matt be fremthe Chairman of 9oard,Presidem,or sny Vws Pruident The
second slgnalurs m M be from the Sanitary,Asslstant Seraetary,Treasurer,Assistant Treasurer,or Chief Financial Moor),
DUDEK 6 ASSOCIATES, INC., a California corporation
By: By'
Notarized Signature of Chairman of Board, Notarized Signature Secretary,Asst Secretary,
President or any Vice President Treasurer,Asst Treasurer or Chief Financial Officer
Name: Name:
Title; Title:
State of - State of
County of r ss County of s56
On before me, On before me,
personaltyappeared peraonallyeppearsd
personalty known to me (or proved to me on the basis of personalty known to me (or proved to me on the basis of
satloholoryovidonce)tobo the person($)"ON name(s)Is/are sadsfadoryevidence)iobe the person(s)whose name(s)lafare
a ubacdbedtothewthin lnshumentand acknowledged to me that subscribed to the within instrumaetend acknowledged to me that
he/shelthey executed the same In hWherltheir authorized he/shelthey executed the some in hisiher/their authorized
apacrypes), and that by his/herAheir signature(s) an the apaclly(les), and that by his/harthalr signature(s) on the
in*umerd the person(s).or the entity upon be half of which the Instrument the person(s),or the entity upon behalf of which the
person(s)aded,executed the Instrument persons)acted,executed the instrument.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature:
Notary Signature;
Notary Seat: Notary Seal:
C:IDGCUMENTS AND SETTINGMTISPAELILOCAL SEMNGSITEMPOPARY INTERNEr F1LE510LK21DV0EK MONITORING•SIGNATURE
PAGE.D00
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date
first written above.
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS
ATTEST:. a public body corporate and public
Assistant Secretary Chairman
APPROVED AS TO FORM: APPRO"€EID By yLbi-- ;; t • e ,
AGENCY By LIS'& D20.
By:
Agency Counsel
CONTRACTOR: Check one: _Individual _Partnership_Corporation
Corporations require two notarized signatures: One signature must be from the Chairman of Board,President,
or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer,
Assistant Treasurer, or Chief Financial Officer).
DUDEK& SOCIATES, INC., a California corporation
� / '0� —? --
By. i 4 dS t e o Chairman of Bo�arI Notarized Signature Se retary, Asst
President or any Vice President ^�— `� Secretaryy
Treasurer, Asst Treasure or Chief Financial
Of{t er
Name: Dudek&Associates, Bw. Name: Dudek &Associates, Inc.
►'a David Carter
Title: o.. $i.d....d Title:
— Assistant Seeretary
State of State of
County off�G" Die D�ss ��fRXr� County of Yl le D Iss y
On •i' before me, "�She S� �I�,,�/plrG On, '-6 4 before m1ee,J.SK,IeenS Pvool lu
personally appeared r fa/VUI/' GV�-f�'�I� personally appeared D6LVIIJi C�.1r Nr
personally known to me ( he personally known to me (m -proved t_ Me OR '�^
to be the person(21 to be the personol
whose name-(a)- ,s re subscribed to the within whose name( Pare subscribed to the within
instrument and acknowledged to me that instrument and acknowledged to me that
Veshe/they executed the same in her/their she/they executed the same in G/her/their
I i authorized capacity(ies), and that by /her/their authorized capacity(ies), and that by i /her/their
signatureWon the instrument the person(srr or the signaturets)'on the instrument the personal,orthe
entity upon behalf of which the personO acted, entity upon behalf of which the person(sy acted,
executed the instrument. executed the instrument.
WITNESS my hand and official seal. WITNESS my hand and ooffiicialseal.
Notary Notary �/ ,�iy✓vv Signature: Signature:
Notary Seal: � Notary Seal: J.SKEENS
_ `°"• Commission_#•-1'409699 Commission# 1409699
$:r� Notary Public-California z �a Notary Public-California
z ` i. San Diego County ` San Diego County
My Comm.Expifea'Apr 7,2007 J �-.%� My Comm.Expires Apr 7,2007
EXHIBIT "A"
SCOPE OF SERVICES
Under a separate Contract Service Agreement dated July 30, 2003 with the City of Palm Springs
(#3881),Contractor is responsible for a review and analysis of the Remediation Action Plan("RAP"),
also known as the Removal Action Workplan ("RAW") prepared by The Source Group (TSG)and
dated November 5, 2003, as approved on March 4, 2004 by the Department of Toxic Substances
Control("DTSC")for the development site shown in Exhibit A-1 attached hereto("Site"), The RAW
includes the removal, replacement, and re-compaction of landfill material by a remediation firm
("Remediation Firm")to be hired by Geiger, LLC("Licenseer')in its capacityas Project Applicantfor
the development of the Site. In addition to providing the above-described review and analysis to the
City of Palm Springs, Contractor shall, in keeping with its proposal dated March 2, 2004 attached
hereto as Exhibit A-2 and under the terms of this Contract with the City's Redevelopment Agency
("Agency'), provide remediation monitoring only on behalf of the Agency relative to the Agency-
owned portion of the Site during such time as the remediation activities conducted by the
Remediation Firm are undertaken during implementation of the DTSC-approved plan.
During the estimated three to five month remediation period, Contractor shall: .
1) Obtain a copyof the final approved RAW from Licensee,Agency or DTSC,and become
familiar with said document as being the official reference document for Contractor's
remediation monitoring services(a summaryof the proposed RAW is attached hereto as
Exhibit A-3 for reference purposes);
2) Upon commencement of onsite remediation activities, monitor the Remediation Firm's
remediation activities on at least a weekly basis to physically inspect the Site to assure
the remediation is performed in accordance with the Plan and federal and state law and
to assure that (i) the volumes of existing landfill material, with respect to the Agency-
owned portion of the Site versus the remainder of the Site,which is re-deposited within
the footprint of the existing landfill, shall be in proportion to the volumes removed from
the Agency-owned portion of the Site versus the remainder of the Site; and (ii) the
volume of landfill material re-deposited on the Agency-owned portion of the Site not
exceed the volume of such material which was removed. The Parties shall work
cooperatively to devise and agree upon a method of performing the remedial work to
conform to the foregoing standard so long as such a method is consistent with and does
not hinder or impede in any material respect Project Applicant's compliance with and
performance under the RAW. Said Site visits are to be coordinated with the
Remediation Firm to coincide to the greatest degree possible with remediation activities
taking place on the Agency-owned portion of the Site;
3) Not in any manner interfere with, impede or render impossible Licensee's remedial work
pursuant to the RAW. Any concerns of Contractor with Licensee'performance shall first
be brought to Licensee. Contractor may confer with DTSC during the performance of
the remedial work and advise DTSC of any concerns it has brought to Licensee's
attention only if: (a)Licensee does not reasonably address such concerns within five(5)
days of receiving Contractor's written notice thereof; and (b) Contractor provides
Licensee at least forty-eight(48)hours'priorwritten notice of the time, place and manner
of such a communication Contractor intends to have with DTSC so that Licensee may
participate in such communication should it choose to do so. Contractor shall
immediately notifyAgencyand consult as necessary with Licensee and/or Remediation
Firm regarding any perceived problems or changes in the approved remediation
activities or if any of the observed activities and/or conditions deviate in a significant
manner from the clean-up procedures described in the RAW.
H1USERS\CURTIS VARAMON GENE AUTRY RETAIL\DUDEK CONTRACT SERVICE AGREEMENT FINAL SCOPE.DOC
4) Keep Agency informed as to Licensee's performance by submitting a brief written status
report to Agency on a weekly basis;
5) Review all certificates and daily field logs described in the RAW as they relate to the
Agency-owned portion of the Site and notify Agency through its regularwritten reports as
to the Remediation Firm's compliance with the RAW in this regard; and
6) Serve in an advisory capacity to Agency in any discussions with Licensee and
Remediation Firm relative to resolving any perceived discrepancies between
Remediation Firm's work and the procedures described in the RAW; and
7) Within ten(10)days following notification in writing by Licensee of Licensee's belief that
the remedial work is complete and the basis therefore, prepare a written response after
which Licensee may seek from DTSC a DTSC NFA Notice. The RAW shall be deemed
complete upon issuance of the DTSC NFA Notice.
H:\USERS\CURTIS W\RAMON GENE AUTRY RETAILIDUDEK CONTRACT SERVICE AGREEMENT FINAL SCOPE.DOC
1
!
EXHI BIT A-1
SITE MAP
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EXHIBIT"A-2"
CONTRACTOR'S PROPOSAL
DATED MARCH 2, 2004
H:IUSERSICURTISWIRAMON GENE AUTRY RETAIL\CONTRACT SERVICE AGREEMENT DUDEK MONITORING.DOC
� A
Engineering,Planning,
Corporate Office:
Environmental Sciences and 605 Third Street 760.942.5147
&ASSOCIATES,INC.
P,ofts.inln .m PorCmpl,zPr4J,h Management Services Encinitas,California92024 Fax760.632.0164
2 March 2004 404000-400
Curt Watts
Redevelopment Administrator
City of Palm Springs
Department of Planning and Zoning
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
Re: Proposal for Remediation Oversight at Landfill, City of Palm Springs
Dear Mr. Watts:
Pursuant to your request Dudek&Associates, Inc has prepared this proposal to provide
oversight services for the activities outlined in the Removal Action Work,plan(RAW) for the
landfill site located near the intersection of Gene Autry Trail and Ramon Road in the City of
Palm Springs, CA. The proposed scope of services and cost estimate is presented below.
Proposed Scope of Services and Cost Estimate
Dudek wi11 obtain and review the RAW prepared of The Source Group, Inc. (TSG). It is our
understanding that the RAW will be approved by the California Department of Toxics
Substances Control (DTSC) and will describe the approved remediation for the site. Dudek will
monitor the remediation activities on at least a weekly basis. More frequent visits will be
coordinated with days when the contractor is working on the Redevelopment Agency's (Agency)
owned portion of the development.
Brief written status reports will be submitted to the Agency on a weekly basis. The Agency will
be immediately notified if any activities are observed that substantially deviate from those
described in the RAW. Dudek will also review all certificates and daily field logs related to the
Agency owned portion of the development. Review of the documents will be discussed in the
weekly status reports.
Dudek will also serve in an advisory capacity to the Agency in discussions with the Geiger, LLC
and the Remediation Contractor relative to resolving any perceived discrepancies between the
Remediation Contractor's work and the procedures described in the RAW.
Dudek&Ass6ciates 1
The estimated time and materials cost to complete the proposed scope of services is $28,870(see
attached). The estimate assumes a total of 30 field days over a period 5 months.
Dudek appreciates the opportunity to be considered for work on this project. If you have any
questions or require additional information, please contact me at 760.942.5147.
Sincerely,
Dudek&Associates
erek T . Reed, .E.
Senior Engineer
Dudek&Associates 2
Task 1. Provide Oversight Remediation Activities Palm Springs Landfill Site
LABOR (approximately 30 field days, review of the RAW and weekly reporting)) units rate cost
Principal 1 $170 $170
Engineer 10 $140 $1,400
Enviro Engineer 240 $90 $21,600
subtotal $23,170
EXPENSES
vehicle($65/day) 30 $65.00 $1,950
meals ($45/day) 30 $45.00 $1,350
hotel ($80/day) 30 $80.00 $2,400
subtotal $5,700
Total $28,870
Dudek&Associates, Inc. 1 of 1 3/2/2004
EXHIBIT°A-3"
SUMMARY OF PROPOSED REMOVAL ACTION WORKPLAN
Project Activities:
The cleanup of the former landfill site will be divided on the basis of occupied and unoccupied areas
on the site. The buildings will be occupied by workers and will lie atop native soil that is free of
contaminants that are present in the landfill material. The parking area of the site will contain the
compacted landfill material.
Following the removal of the landfill material, the footprints of the buildings will be sampled for the
presence of lead to document the removal of the landfill waste. The soil will be sampled using X-
Ray Fluorescence (XRF),with periodic confirmation by a fixed laboratory. The rationale for using
XRF is based on the fact that it is a proven technology for the levels of lead found on the Site,and
more importantly the simple economics of remediation work. At the scale of the proposed operation,
small periods of down time could cost thousands of dollars and potentially prevent the project from
being completed on budget. However, since XRF is not as accurate or precise as the fixed
laboratory, the cleanup objectives are conservatively low. The proposed cleanup objective is 230
mg/kg which is less than one-third the PRIG for an industrial setting. This proposed objective also
considers that the site will be capped with pavement/buildings, and that lead is a non-volatile
constituent.
Within the central portion of the site, the landfill material will be consolidated, compacted, and
capped with clean fill soil. All debris (with the exception of drums, vessels, or containers shown to
be hazardous)will be placed within the buried cell. In summary,all landfill material will be contained
beneath a 3-foot cap of certified clean and compacted fill beneath the central parking area. The
material beneath the structures will be verified to contain <230 mg/kg lead and will consist of only
native soil. [TSG, November 2003, RAW, pp. 10-11]
Excavation
The excavation will be performed with large-scale construction equipment, including earthmovers,
scrapers, bulldozers, and loaders. Following the removal of the landfill material, clean soil will be
mined from beneath the debris in the parking lot areas. The recovered fill will be sampled and
certified as clean fill. Then, it will be used to replace the landfill material beneath the proposed
structures and will also be used as a capping material over the entire landfill mass.
The advantages of using the soil mined from the site are two-fold. First the soil is easily accessible
with the onsite construction equipment; and second, the soil is native to the site and is structurally
compatible with the un-excavated soil. [TSG, November 2003, RAW, p. 11]
Offsite Disposal of Waste
Items suspected or identified as household hazardous wastes will be immediately placed in labeled,
40 yd3, hazardous waste containers. The waste types and quantities of wastes will be inventoried
and documented in the daily field logs. Disposal of hazardous or potentially hazardous wastes will
be performed in accordance with all applicable laws and regulations. [TSG, November 2003,RAW,
p. 13]
HAUSERS\CURTISW\RAMON GENE AUTRY RETAIL\CONTRACT SERVICE AGREEMENT DUDEK MONITORING.DOC
Recycling
Materials with recyclable value may be stockpiled and sold to an appropriate recycling facility. It is
expected, however, that the cost to stockpile, move, and transport recyclable materials may be
greater than their actual value. Recyclable materials such as concrete and other aggregate will not
be considered for recycling. [TSG, November 2003, RAW, p. 131
Emission Management and Dust Control
During the remediation and construction phases, air monitoring will be performed to protect the site
workers and to prevent dust and odor violations under the terms of the required air permits. These
permits include the South Coast Air Quality Management District's(SCAQMD's), Rule 1150 and the
desert cities' Fugitive Dust(PM-10)Control Plan. The PM-10,which was developed by the desert
cities in conjunction with the AQMD, adopts fugitive dust and nuisance rules from South Coast Air
Basins (Rules 403/403.1 and 402). Conditions in these permits are extremely stringent and
essentially restrict any fugitive dust emissions. In an effort to meet these requirements at the site,
around-the-clock dust monitoring will be performed in the active and inactive work areas. This
intensive dust monitoring and mitigation program will serve as the foundation for the worker
exposure monitoring.
All work will be conducted with the proper emission permitting. Engineering control measures will be
implemented to minimize nuisance and fugitive emissions from the work areas. The minimization of
the potential emissions will be conducted in accordance with the aforementioned rules and
regulations. Water trucks and onsite water supplies will be used to control dust and potential
emissions while excavating and processing soil.
If necessary,additional measures will be employed to reduce the emissions of VOCs and/or volatile
petroleum hydrocarbons. Under the conditions of SCAQMD Rule 1150, if emissions exceed
designated thresholds, the SCAQMD will be immediately notified and mitigation of the fugitive
emissions will be performed. [TSG, November 2003, RAW, 14]
Air Monitoring
Air monitoring will be performed to protect the health of the workers and to complywith the required
permits. Dust and potential landfill gasses will be monitored throughout the remediation process.
[TSG, November 2003, RAW, p. 151
Fugitive Dust
Fugitive dust will be monitored within the work areas with real time dust monitoring devices and
along the perimeters of the Site with high flow particulate collection equipment. Currently, TSG is
working with the SCAQMD and equipment vendors to refine the equipment alternative. The
screening process also requires the determination of whether the chosen equipment is capable of
monitoring sufficiently low particulate concentrations. These detection levels must meet the data
requirements in an effort to calculate potential exposure risks to workers and the local public. [TSG,
November 2003, RAW, p. 15]
Landfill Gasses
The field personnel will use a flame ionization detector(FID)or photo-ionization detector(PID)which
can be calibrated to respond to nearly all organic compounds. The FID will be calibrated to a pre-
HAUSERS\CURTISW\RAMON GENE AUTRY RETAIL\CONTRACT SERVICE AGREEMENT DUDEK MONITORING.DOC
y
determined mixture of methane and air at the factory. Each day the FIDs will be recalibrated for the
target VOCs using manufacturer's specifications and procedures. [TSG, November 2003, RAW, p.
15]
Landfill Capping
Following compaction of the landfill debris/soil matrix, a 3-foot soil cap will be placed above the
landfill mass. The cap will be placed across the parking areas(where landfill debris is located)and
will provide the necessary engineering safeguards for geotechnical stabilization. In addition,the cap
will serve as environmental insurance to protect the landfill from surface water infiltration and
provide a buffer zone during utility installations. [fSG, November 2003, RAW, p. 15]
Drainage Controls
Surface and subsurface drainage controls will be constructed across the proposed development.
The surface controls will include standard storm water contouring with flow directed toward a
subsurface retention basin. The retention basin will be lined and located outside the footprint of the
landfill material. The proposed development will also include planters located above the landfill
material. These The
will be lined with impermeable polyvinyl chloride(PVC)liners and plumbed
to the retention basin. This type of drainage control system is currently in use in California and will
prevent rain and irrigation water from entering the landfill. [fSG, November 2003, RAW, p. 15]
Landfill Gas Control
Following placement and compaction of the landfill debris, a subsurface network of vapor recovery
piping(well screen)will be installed within the base material beneath the concrete foundations of the
proposed buildings and the onsite structures. The vapor collection piping will be placed
approximately 1 ft to 3 ft below grade, with each section manifolded to dedicate monitoring points
throughout the proposed development. The monitoring points will be contained in sealed vaults
located directly adjacent to the buildings.
Forthe vapor collection piping beneath the buildings,the screened segments will be constructed on
50-foot centers. In the parking area,above the landfill material,the screened segments of piping will
be spaced on 200-foot centers. All collection piping will have a minimum diameter of 4 inches. The
piping material will consist of Schedule 40 PVC and the screen will be machine-slotted for uniform
consistency.
Immediately following the construction of the development, a monitoring program will be
implemented to determine if methane or other gases are accumulating in the recovery network. This
monitoring should be performed,initially,on a monthly basis for the first year and quarterly thereafter
or until:
a) it can be documented that gas buildup is not an issue, or
b) concentration trends are established.
In the event that gas concentrations approach explosive or toxic levels or exceed odor thresholds,a
simple low flow vacuum pump will be connected to the piping network to purge the gases from
beneath the structure(s). These types of pumps can be solar,wind,or electrically powered to simply
induce a low pressure pathway through which the gases discharge. At such a time when system
upgrading is warranted, the piping network will be retrofitted with risers that attach to the outside
walls of the buildings. The vent risers will then be manifolded to the low flow pumps to remove the
accumulated gasses.
H:IUSERS\CURTISWIRAMON GENE AUTRY RETAILICONTRACT SERVICE AGREEMENT DUDEK MONITORING.DOC
u ,
If the potential discharged gasses are regulated under the SCAQMD, permits and control equipment
will be procured for long term operation. [TSG, November 2003, RAW, p. 20]
Agencies Having Jurisdiction Over the Project/Types of Permit Required:
All work performed during the remediation and redevelopment of the propertywill complywith City,
State, and Federal regulations. Project specific information and the related agencies are presented
in the following sections. [TSG, November 2003, RAW, p. 20]
Excavation
An excavation permit will be required for the earthwork. The permit will be obtained from the City of
Palm Springs'Department of Building and Safety. During the remediation phase of the project,soil
management.and ultimate compaction will be a critical component of the approved development
and,therefore,these activities will involve the City's inspection team. [TSG,November2003,RAW,
p. 20]
Water
The Desert Water Agency(DWA)is the water supply agency for the subject area. Apermitforwater
usage and a temporary water meter will be required for the on site water supply. The selected
contractor (earthwork) will be responsible for procurement of the water permit. [TSG, November
2003, RAW, p. 20]
Electrical
A temporary power pole will be required for electrical service. Electrical power will be used to
energize the temporary on-site office/trailer, for running and charging equipment, and for night
lighting, if necessary. The electrical permit will be obtained through the City of Palm Springs. The
selected contractor(earthwork)will be responsible for procurement of the electrical permit. (TSG,
November 2003, RAW, p. 201
Air
The SCAQMD is responsible for the air quality related issues during the removal and recompaction
of the landfill material. The SCAQMD rules that apply to the proposed work include Rule 402, Rule
403, and Rule 1150 for nuisance, fugitive dust, and landfill excavation monitoring. The VOC
emission monitoring for decontamination of soil (Rule 1166) is covered in the Rule 1150 permit.
Under Rule 1150, the AQMD issues site specific permits which require the holders to monitor the
perimeter and excavation face for landfill gasses such as methane, sulfur compounds, and any
speciated non-methane hydrocarbons such as benzene and vinyl chloride. The permit also limits
the amount of work face that can be excavated at any given time. [TSG, November 2003, RAW, p.
20]
Building
The City will not likely play a significant role in the remediation phase of the project; however, the
Agency will be intimately involved in the redevelopment. There will be numerous permits required,
including electrical, mechanical, structural,plumbing,and others. Priorto approval of the proposed
development plan, the Cittys planning department will review, modify, and approve the proposed
development. Construction permits will be the responsibility of the Project Applicant. [TSG,
HAUSERS\CURTISW\RAMON GENE AUTRY RETAIL\CONTRACT SERVICE AGREEMENT DUDEK MONITORING.DOC
V
November 2003, RAW, p. 21]
Health and Safety Plan (HASP)
A site-specific HASP has been prepared by TSG to minimize potential health hazards to the workers
onsite. Access to the excavation and work areas with exposed contaminated soils shall be
restricted in accordance with the HASP. All field personnel involved with the excavation and
removal activities shall have the requisite training and Site orientation specified. [TSG, November
2003, RAW, p. 22]
N:\USER$\CURTISW\RAMON GENE AUTRY RETAIUCONTRACT SERVICE AGREEMENT DUDEK MONITORING.DOC
EXHIBIT`B"
SPECIAL REQUIREMENTS
Section 5.1(d) The Contractor shall procure and maintain professional liability insurance in a
minimum amount of $1,000,000 conforming to the policy requirements of
Section 5.0 of this Agreement.
Section 5.3 The requirements of Section 5.3 for a Performance Bond are hereby waived.
H:\USERS\CURTISWRAMON GENE AUTRY RETAIL\CONTRACT SERVICE AGREEMENT DUDEK MONITORING.DOC
EXHIBIT"C'
SCHEDULE OF COMPENSATION
Total compensation for the work to performed shall not exceed $28,870.
Payment:
Payment shall be made on a time and materials basis as itemized on monthly invoices in accordance
with the following schedule:
LABOR (approximately 30 field days, review of the RAW and weekly reporting):
Hours Rate Cost
Principal 1 $170 $ 170
Engineer 10 $140 1,400
Enviro Engineer 240 $ 90 21,600
Sub-Total $23,170
EXPENSES:
Days Rate Cost
Vehicle($65/day) 30 $65 $ 1,950
Per Diem—Meals ($45/day) 30 $45 1,350
Per Diem—Hotel ($80/night) 30 $80 2,400
Sub-Total $ 5,700
NOT TO EXCEED TOTAL $28,870
Compensation for the above sums shall be billed to the Agency on a monthly basis, based on the
tasks completed as outlined above.
H:\USERS\CURTISWV RAMON GENE AUTRY RETAIL\CONTRACT SERVICE AGREEMENT DUDEK MONITORING.DOC
EXHIBIT"D"
SCHEDULE OF PERFORMANCE
The work will be performed following Agency's notice to proceed over an expected three to five
month period during field activities as outlined in the RAW. Contractor shall provide a weekly
status report of its site visits and field activities as described in the Scope of Service.
H:\USERS\CURTISW\RAMON GENE AUTRY RETAILICONTRACT SERVICE AGREEMENT DUDEK MONITORING.DOC
E(MMI
ACORD CERTIFICATE OF LIABILITY INSURANCE DATMAR 8 4Y'TM
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
MICHAEL J.HALL&COMPANY A/E INSURANCE SERVICES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1957810TH AVENUE N.E. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
POULSBO WA 98370 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PHONE: (360)598-3700
FAX: (360)598.3703 Agency Lic#:0792445 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURERA: GREENWICH INSURANCE
DUDEK&ASSOCIATES,INC. INSURER B ST.PAUL MERCURY INS.CO.
605 3RD STREET
ENCINITAS CA 92024 INSURER C. FIDELITY&GUARANTY INS.UNDR.
INSURER D. FIDELITY GUARANTY INSURANCE CO.
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INS TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LT DATE MMIDDM DATE MM/DDM
GENERAL LIABILITY BKO1488967 JUN103 JUN104 EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED S 300,000
PREMISES .o¢mence
CLAIMS MADE XX] OCCUR MOD EXP(Any One Person) $ 10,000
C HXEWL
BFPDINCLUDED PERSONAL&ADV INJURY S 1,000,000
CONTRACTUAL LIAR.INCL. GENERAL AGGREGATE $ 1,000,000
AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGE. $ 1,000,000
POLICY
AUTO MOBILE LIABILITY BA01506564 JUL 1103 JUN104 COMBINED SINGLE LIMIT $ 1,000,000
X ANY AUTO (Ea accident)
ALL OWNED AUTOS BODILY INJURY
D SCHEDULED AUTOS (Per person) S
X HIRED AUTOS BODILY INJURY
X NON-OWNEDAUTOS (Per accident) S
PROPERTY DAMAGE S
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANYAUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
rRETENTION
SS/UMBERELLA LIABILITY EACH OCCURRENCE S
OCCUR CLAIMS MADE AGGREGATE $
Is
DEDUCTIBLE $
$ $
WORKERS COMPENSATION AND WVABOO5811 JUN 103 JUN104 TI STATU-LIMITS OTHER
EMPLOYERS'LIABILITY DRY
B ANY PROPRIE'mwFnRTNERwEaxuTIVE E.L.EACH ACCIDENT $ 1,000,000
OFFICERIMSMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE S 1,000,000
If yes,describe under
SPECIAL PROVISIONS anew E.L.DISEASE-POLICY LIMIT $ 1,000,000
OTHER:PROFESSIONAL LIABILITY PEC000528302 AUG 28 03 AUG 28 04 $1,000,000 PER CLAIM
A POLLUTION LIABILITY $1,000,000 AGGREGATE
CLAIMS MADE POLICY
DESCRIPTION OF OPERATIONS/LOCATIONNEHICLES/EXCLUSIONS ADDED ENDORSEMENT/SPECIAL PROVISIONS
SEE SUPPLEMENTAL CERTIFICATE INFORMATION
CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: _ CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT
CITY OF PALM SPRINGS FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OFANV KIND UPON THE
COMMUNITY AND ECONOMIC INSURER,ITS AGENTS OR REPRESENTATIVES.
DEVELOPMENT DEPARTMENT
3200 E.TAHQUITZ CANYON WAY AUTHORIZED REPRESENTATIVE
PALM SPRINGS,CA 92262
Attention:
ACORD 25(2001/08) Certificate# 23864 ASHLEY L. HURD
POLICY NUMBER: BKO1488967 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED-OWNERS, LESSEES OR
CONTRACTORS (Form B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY
SCHEDULE
Name of Person or Organization; CITY OF PALM SPRINGS, ITS OFFICERS, EMPLOYEES AND
AGENTS.
(If no entry appears above. information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization
shown in the Schedule, but only with respect to liability arising out of"your work'for that insured by
or for you
CG 20 10 11 85 Copyright. Insurance Services Office, Inc., 1984
Certificate# 23864
DAT
SUPPLEMENT TO CERTIFICATE OF LIABILITY INS #23864 MAR 804
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
PROJECT: REMEDIATION OVERSIGHT AT LANDFILL,CITY OF PALM SPRINGS
DUDEK PROJECT#4115
CITY OF PALM SPRINGS,ITS OFFICERS,EMPLOYEES AND AGENTS ARE ADDITIONAL INSUREDS ON THE COMMERCIAL GENERAL
LIABILITY AS RESPECTS LIABILITY ARISING OUT OF ACTIVITIES BY,OR ON BEHALF OF THE NAMED INSURED.
A WAIVER OF SUBROGATION APPLIES TO THE GENERAL LIABILITY,AUTO LIABILITY, AND WORKERS COMPENSATION POLICIES IN
FAVOR OF THE ADDITIONAL INSURED.
THIS INSURANCE IS PRIMARY INSURANCE AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSUREDS SHALL BE EXCESS
ONLY AND NON CONTRIBUTING WITH THIS INSURANCE.
Certificate# 23864