HomeMy WebLinkAboutC-3355(A) - Disposal of Sediment from the Big Canyon Reservoir Site•
TO: Mayor and Members of the City Council
FROM: Public Works Department
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C_ 3-1 s
February 27, 2001
CITY COUNCIL AGENDA
ITEM NO. 6
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SUBJECT: APPROVAL OF CONTRACT AMENDMENTS FOR BIG CANYON nrrrwvcu
RESERVOIR SEDIMENT HAULING AND DISPOSAL°"`
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RECOMMENDATIONS:
Approve Amendment No. 1 to the contract with the hauling firm, Rust & Sons
Trucking, for the removal of additional sediment stockpiles from the Big Canyon
Reservoir site in the amount of $40,200.
2. Approve Amendment No. 1 to the contract with the disposal firm, Sonas Earth
Sciences of Arizona, for disposal of the additional sediment at Big Canyon
Reservoir in the amount of $17,100.
3. Approve a budget amendment appropriating $57,300 from the Water System
Reserve Fund Balance to the Water Fund Account (Repairs and Betterments to
Water Facility Sites) 7502- C5500084.
DISCUSSION:
On June 27, 2000, the Council approved the retention of both firms listed above for the
removal of an estimated six inches (900 tons) of copper laden sediment from Big
Canyon Reservoir (BCR) site. A copy of the June 27, 2000, staff report is attached for
background information.
After completion of confirmation testing of the subgrade, it was discovered that the
copper laden sediment extended another six inches below the surface. Additional
chemical testing revealed that approximately 1200 more tons of sediment exceeded the
maximum level of copper for normal disposal in local landfills. The 1200 additional tons
have been stockpiled at BCR and are ready for hauling and disposal at a recycling
center in Arizona.
The remaining surface area at BCR has been chemically tested and the results indicate
that no further removal of sediment will be necessary. The County Health Department
has accepted the BCR grounds as clear from excessive copper laden sediment based
on the final chemical testing of the site.
SUBJECT: APPROVAL OF COAT AMENDMENT NO. 1 FOR BIG CANYON RESAIR SEDIMENT DISPOSAL
February 27, 2001
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Rust & Sons Trucking and Sonas Earth Sciences, have both agreed to dispose of the
remaining stockpiles of copper laden sediment under the terms and conditions of their
original contracts, except as amended, with the City. Sonas Earth Sciences agreed to
lower the cost per ton in their contract from $20 to $19 per ton. Because of increased
fuel costs, Rust & Sons Trucking needed to increase their cost per ton from $32 to
$33.50 per ton. Funds to cover the cost of the final disposal would come from the
transfer of $57,300 from the Water Systems Reserve Fund to Water Fund Account
7502- C5500084.
It is recommended that Amendment No. 1 to each of the agreements be approved as
follows:
• Rust & Sons Trucking in the amount of $40,200
• Sonas Earth Sciences in the amount of $17,100, to perform the additional work
to remove and dispose of the remaining copper laden sediment at Big Canyon
Reservoir.
Respectfully submitted,,
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By:
Eldon Davidson
Utilities Services Manager
Attachments: Council Report dated June 27, 2000
Contract Amendment No. 1 for Rust & Sons Trucking
Contract Amendment No. 1 for Sonas Earth Sciences
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TO: Mayor and Members of the City Council
FROM: Public Works Department
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June 27, 2000
CITY COUNCIL AGENDA
ITEM NO.
SUBJECT: BIG CANYON RESERVOIR SEDIMENT DISPOSAL
RECOMMENDATIONS:
Authorize the retention of the firm of Burns and McDonnell to manage the disposal
of sediment from the Big Canyon Reservoir site for $25,370.
2. Authorize contracting with hauling and disposal firms for the disposal of the
sediment from the Big Canyon Reservoir site for $28,800.
DISCUSSION:
The City s water distribution system includes the 200 million - gallon Big Canyon
Reservior. This reservoir is uncovered and sediment accumulates in the bottom. Every
three to five years the reservoir is drained so the sediment can be removed and the
lining can be inspected and repaired. This process is necessary to maintain the quality
of the water supplied to the City's system. In April of this year the reservoir was taken
out of service for cleaning. Approximately 900 tons of sediment was removed and
stock piled at the site.
Chemical tests taken on samples from the sediment indicated that it contained levels of
copper higher than the local landfills will allow. Alternate disposal sites were
investigated and a recycling center in Arizona was found to be the most feasible
disposal site. The City is required to coordinate the disposal of materials that can not
be taken to local landfills with the Orange County Health Department (OCHD).
The OCHD processing, site disposal management, hauling, and disposal require
expertise not currently available on the City staff. Waste management and disposal is a
specialized field. A proposal has been received from Burns and McDonnell to manage
the disposal of the sediment from the reservoir site to the recycling center and
coordinating the work with OCHD. The total price for this service is $25,370. Three
hauling firms have submitted quotes for hauling the sediment from the site to the
recycling center. The low price of $28,800 is from Rust & Sons Trucking. Three quotes
were received for the recycling or disposal of the sediment. Sonas Earth Sciences
quoted $20 per ton ($18,000 for 900 tons) to accept this sediment. Funds to cover the
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SUBJECT: Authorization to Dispose of Sediment at Big Canyon Reservoir
June 27, 2000
Page 2
cost of the disposal project are available in the Maintenance and Repair Account
#5500 -8160 from the Utilities Water Division operating budget for this year.
The copper in the sediment comes from the copper sulfate that is periodically used in
the reservoir to control the growth of algae. This compound is commonly used in open
reservoirs across the nation to arrest algae blooms. It usually takes several treatments
during the year to control the algae. Over the years the copper accumulates in the
sediment from this treatment process. The City tests the copper levels in the water to
assure that the levels do not exceed the maximum standard. of one part per million.
Our tests show we have maintained our copper levels below this maximum. When the
reservoir is covered, algae blooms will not occur and the copper sulfate treatment will
no longer be needed. Also, sediment from air borne dust will no longer be entering the
reservoir.
It is recommended that the firms of Bums and McDonnell, Rust & Sons Trucking, and
Sonas Earth Sciences be retained to perform respective necessary services to dispose
of the sediment at Big Canyon Reservoir.
Res ctfully submitted,
iBLIC WORKS DEPARTMENT
Don Webb, Director
B Y:
Eldon Davidson
Utilities Services Manager
F:\ Users \PBM Shared\ COUNCIL\Fy99- OOWune- 27\Sediment at Big Canyon Res.doc
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AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT WITH RUST AND SONS TRUCKING
FOR THE DISPOSAL OF SEDIMENT AT BIG CANYON RESERVOIR
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT,
made and entered into this day of February 2001, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and
RUST AND SONS TRUCKING, INC., whose address is 15260 Willow Road, Lakeside,
California 92040, (hereinafter referred to as "Rust") is made with reference to the
following:
RECITALS:
A. On July 5, 2000, a Professional Services Agreement was entered into by
and between CITY and Rust, hereinafter referred to as "AGREEMENT ".
B. CITY and CONSULTANT mutually desire to amend the AGREEMENT as
provided herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant shall provide additional services modifying the termination date
of October 28, 2000 and extending the date to May 1, 2001.
2. Consultant shall be compensated for additional services performed
pursuant to this Agreement in the amount of forty thousand, two
hundred dollars and 001100 Dollars ($40,200) for a cost of $33.50 per
ton.
3. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in AGREEMENT shall remain the same and shall be
in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT
NO. 1 on the date first above written.
APPROVED AS TO FORM:
Daniel Ohl
Deputy City Attorney
CITY OF NEWPORT BEACH
A Municipal Corporation
Don Webb
Public Works Director
RUST AND SONS TRUCKING, INC.
BY:
Raburn Rust
Vice President
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AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT
WITH SONAS CDE RESOURCES FOR
DISPOSAL OF SEDIMENT AT BIG CANYON RESERVOIR
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT,
made and entered into this day of February 2001, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY") and
SONAS CDE RESOURCES, INC., whose address is P.O. Box 760, Salome, Arizona
85348 -0760, (hereinafter referred to as "Sonas ") is made with reference to the
following:
RECITALS:
A. On July 5, 2000, a Professional Services Agreement was entered into by
and between CITY and Sonas, hereinafter referred to as "AGREEMENT'.
B. CITY and CONSULTANT mutually desire to amend the AGREEMENT as
provided herein.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant shall provide additional services modifying the termination date
of October 28, 2000 and extending the date to May 1, 2001.
2. Consultant shall be compensated for additional services performed
pursuant to this Agreement in the amount of seventeen thousand, one
hundred dollars and 00/100 Dollars ($17,100).
3. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in AGREEMENT shall remain the same and shall be
in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT
NO. 1 on the date first above written.
APPROVED AS TO FORM:
Daniel Ohl
Deputy City Attorney
CITY OF NEWPORT BEACH
A Municipal Corporation
Don Webb
Public Works Director
SONAS CDE RESOURCES, INC.
BY:
Thomas "Greg" Romero
Arizona Operations General Manager
W of Newport Beach
BUDGET AMENDMENT
2000 -01
EFFECT ON BUDGETARY FUND BALANCE:
16 NO, BA- 032
AMOUNT: is7,3oo.00
Increase in Budgetary Fund Balance
AND Decrease in Budgetary Fund Balance
HX No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To transfer $57,300 from the Water System Reserve Fund to provide Big Canyon Reservoir sediment hauling and disposal.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
500 3784
REVENUE ES TIMA TES (360 f)
Fund /Division Account
EXPENDITURE APPROPRIA77ONS (3603)
Division
Number
Increase Revenue Estimates
PX
Division
Increase Expenditure Appropriations
Account
Number
Transfer Budget Appropriations
SOURCE:
Account
Number
Division
from existing budget appropriations
Account
Number
from additional estimated revenues
from unappropriated fund balance
FXPLANOTION:
16 NO, BA- 032
AMOUNT: is7,3oo.00
Increase in Budgetary Fund Balance
AND Decrease in Budgetary Fund Balance
HX No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To transfer $57,300 from the Water System Reserve Fund to provide Big Canyon Reservoir sediment hauling and disposal.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
500 3784
REVENUE ES TIMA TES (360 f)
Fund /Division Account
EXPENDITURE APPROPRIA77ONS (3603)
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Signed:
Administrative
Description
Water System Reserve
Description
Description
7502 Water System Repair Program
C5500084 Repairs to City Reservoir Sites
I
Administrative
Amount
Debit Credit
$57,300.00
$57,300.00
Director Date
D
Signed:
City Council Approval: City Clerk Date
wry of Newport Beach
BUDGET AMENDMENT
2000 -01
NO. BA- 032
AMOUNT: $s7,3oo.00
r ,
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase In Budgetary Fund Balance
Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance
PX Transfer Budget Appropriations NX No effect o e
BY THE CITY COUNCIL
SOURCE: CITY OF NEVrPCRT sEACH
from existing budget appropriations
from additional estimated revenues FEB 2 7 K31
from unappropriated fund balance
EXPLANATION: i APP
This budget amendment is requested to provide for the following: ry V
To transfer $57,300 from the Water System Reserve Fund to provide Big Canyon Reservoir sediment hauling and disposal.
ACCOUNTING ENTRY:
Amount
BUDGETARY FUND BALANCE Debit Credit
Fund Account Description
500 3784 Water System Reserve $57,300.00
REVENUE ESTIMATES (3601)
FundfDivision Account Description
D(PENDITUREAPPROPRIATIONS (3603)
Description
Division
Number 7502 Water System Repair Program
Account
Number C5500084 Repairs to City Reservoir Sites
$57,300.00
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
" Aut la& System Entry.
Signed:
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Fin cial Ap oval: Administrative ervices Director
Date
Signed:`
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Admine Approv Cityll1ranager
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Signed:
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City Council Approval: City Clerk
Date
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this IS TP day of JW4 —, 2000, by and
between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to
as "City "), and Burns & McDonnell, whose address is 2990 East La Palma Avenue, Suite
A, Anaheim, California, 92806, (hereinafter referred to as "Consultant'), is made with
reference to the following:
RECITALS
A. City is a Municipal Corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the
Charter of City.
B. City is planning to implement the removal of sediment material resulting
from the cleaning of Big Canyon Reservoir ( "Project').
C. City desires to engage Consultant to stockpile and load sediment material
onto trucks, provide technical oversight, and conduct confirmation sample
collection upon the terms and conditions contained in this Agreement.
D. The principal members of Consultant for purpose of Project are
Clay Rumbaoa and John Faulkner.
E. City has solicited and received a proposal from Consultant, has reviewed
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the previous experience and evaluated the expertise of Consultant and
desires to contract with Consultant under the terms of conditions provided in
this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the 8th day of July 2000, and shall
terminate on the 1st day of October 2000, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and
incorporated herein by reference. No rate changes shall be made during the term of this
Agreement without prior written approval of City. Consultant's compensation for all work
performed in accordance with this Agreement shall not exceed the total contract price of
twenty-seven thousand eight hundred and seventy dollars ($27,870).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
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computer printing, postage and mileage.
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3.2 Consultant shall submit monthly invoices to City payable by City within thirty
(30) days of receipt of invoice subject to the approval of City.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with the schedule of the billing rates as set forth in Exhibit "B ".
3.4 City shall reimburse Consultant only for those costs or expenses which
have been specifically approved in this Agreement, or specifically approved in advance
by City. Such cost shall be limited and shall include nothing more than the following costs
incurred by Consultant:
A. The actual costs plus fifteen percent (15 %) of subconsultants for
performance of any of the services which Consultant agrees to render
pursuant to this Agreement which have been approved in advance by City
and awarded in accordance with the terms and conditions of this
Agreement.
B. Approved computer data processing and reproduction charges.
C. Actual costs and /or other costs and/or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
Agreement.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of ten
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percent (10 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement and that it will
perform all services in a manner commensurate with the community professional
standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents and
warrants that it shall keep in effect all such licenses, permits and other approvals during
the term of this Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of' God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's work promptly, or delay or faulty performance by City,
contractors, or governmental agencies, or any other delays beyond Consultant's control
or without Consultant's fault.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
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an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed
to constitute Consultant or any of Consultant's employees or agents to be the agents or
employees of City. Consultant shall have the responsibility for and control over the
details in means of performing the work provided that Consultant is in compliance with the
terms of this Agreement. Anything in this Agreement which may appear to give City the
right to direct Consultant as to the details of the performance of the services or to
exercise a measure of control over Consultant shall mean that Consultant shall follow the
desires of City only in the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with Consultant on Project.
7. PROJECT MANAGER
Consultant shall assign Project to a Project Manager, who shall coordinate all
phases of Project. This Project Manager shall be available to City at all reasonable times
during term of Project. Consultant has designated Clay Rumbaoa, P.E. to be its Project
Manager and John D. Faulkner as Environmental Manager. Consultant shall provide the
full names of all personnel assigned to the project at the time of each visit to the project
site location. Consultant shall not bill any personnel to Project other than those personnel
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identified listed above or provided to City as indicated above, whether or not considered
to be key personnel, without City's prior written approval by name and speck hourly
billing rate. Consultant shall not remove or reassign any personnel designated in this
Section or assign any new or replacement person to Project without the prior written
consent of City. City's approval shall not be unreasonably withheld with respect to
removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants it will continuously furnish the necessary personnel to complete
Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with the schedule
specified below. The failure by Consultant to strictly adhere to the schedule may result in
termination of this Agreement by City, and the assessment of damages against
Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible
for delays which are due to causes beyond Consultant's reasonable control. However, in
the case of any such delay in the services to be provided for Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
Phase 1: Consultant shall prepare a final Work Plan of activities and a Health
and Safety Plan within three (3) calendar days of the execution of this Agreement. No
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work shall be performed by Consultant beyond the Phase 1 stage until the Project
Administrator has provided approval of Phase 1 and authorization to perform Phase 2.
Phase 2: Consultant shall prepare area where sediment had been deposited
on the ground by reducing the vegetation i.e., mowing, raking and use of weed removal
equipment, and stockpile and load onto trucks the sediment material from the settling
basins and the area where the dried material was deposited on the ground within eight (8)
calendar days of the execution of this Agreement. No work shall be performed by
Consultant beyond the Phase 2 stage until the Project Administrator has given
authorization to perform Phase 3.
Phase 3: Consultant shall coordinate and execute removal with a City
approved hauling firm for the transport and removal of the loaded material from the site
within thirteen (13) calendar days of the execution of this Agreement. No work shall be
performed by Consultant beyond the Phase 3 stage until the Project Administrator has
provided approval of Phase 3 and authorization to perform Phase 4.
Phase 4: Consultant shall conduct sample collection as approved by the
County of Orange Health Care Agency within fifteen (15) calendar days of the execution
of this Agreement. No work shall be performed by Consultant beyond the Phase 4 stage
until the Project Administrator has provided approval of Phase 4 and authorization to
perform Phase 5.
Phase 5: Consultant shall submit the final report, closure documents, transport
and disposal manifests and any other pertinent documents required by federal, state and
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local agencies within twenty (20) calendar days of the execution of this Agreement.
8.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days after the start
of the condition, which purportedly causes a delay, and not later than the date upon which
performance is due. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays, which are beyond
Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to
ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
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work, activities performed and planned, and any meetings that have been scheduled or
are desired.
12. HOLD HARMLESS
12.1 Consultant shall indemnify, defend, save and hold harmless City, its City
Council, boards and commissions, officers and employees from and against any and all
loss, damages, liability, claims, allegations of liability, suits, costs and expenses for
damages of any nature whatsoever, including, but not limited to, bodily injury, death,
personal injury, property damages, or any other claims to the extent caused by the
negligent acts or omissions of Consultant, its employees, agents or subcontractors in the
performance of services or work conducted or performed pursuant to this Agreement,
excepting only the negligence or willful misconduct of City, its officers or employees, and
shall include attorneys' fees and all other costs incurred in defending any such claim.
Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees
in any action on or to enforce the terms of this Agreement.
12.2 City shall defend, indemnify and hold harmless Consultant and their agents
and employees from and against any claims, suits, liabilities, costs and expenses from
third parties, including reasonable attomeys' fees, to the extent that they are based solely
upon claims of negligent acts, errors or omissions of City or any of its employees or
agents.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement of
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work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must be
filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insured for all liability arising from Consultant's services as
described herein.
All insurance policies shall be issued by an insurance company certified to do
business in the State of California, with original endorsements, with Best's A- VII or better
carriers, unless otherwise approved by City Risk Manager.
A. Worker's compensation insurance covering all employees and principals of
Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial general liability insurance or other
form with a general aggregate is used, either the general aggregate shall
apply separately to this Project, or the general aggregate limit shall be twice
the occurrence limit.
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C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
D. Professional errors and omissions insurance which covers the services to
be performed in connection with this Agreement in the minimum amount of
One million dollars ($1,000,000).
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. Consultant shall also procure
and maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the work.
Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, that
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein, a
waiver of any right of subrogation which any such insurer of said Consultant may acquire
against City by virtue of the payment of any loss under such insurance. The City waives
any right of subrogation which any insurer of City may acquire against Consultant.
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14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or co- tenant if Consultant is a partnership or joint - venture
or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty-five percent (25 %) or more of the assets of the
corporation, partnership or joint-venture.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed documents for other projects
and any use of incomplete documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
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all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived as against Consultant and City
assumes full responsibility for such changes unless City has given Consultant prior notice
and has received from Consultant written consent for such changes.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. City will provide access to and upon request of Consultant, provide one
copy of all existing record information on file at City. Consultant shall be
entitled to rely upon the accuracy of data information provided by City or
others without independent review or evaluation. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's work
schedule.
18. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Eldon
Davidson shall be considered the Project Administrator and shall have the authority to act
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for City under this Agreement.
The Project Administrator or his/her authorized
representative shall represent City in all matters pertaining to the services to be rendered
pursuant to this Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit and make transcripts or copies of such records. Consultant shall
allow inspection of all work, data, documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
20. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not discontinue
work for a period of thirty (30) days from the date of withholding as a result of such
withholding. Consultant shall have an immediate right to appeal to the City Manager or
his designee with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of seven percent (7 %) per annum from the date
of withholding of any amounts found to have been improperly withheld.
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21. ERRORS AND OMISSIONS
0
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than would have
resulted if there were not errors or omissions in the work accomplished by Consultant, the
additional design, construction and/or a restoration expense shall be borne by Consultant.
Nothing in this paragraph is intended to limit City's rights under any other sections of this
Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
23. CONFLICTS OF INTEREST
A. Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination
of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation
of this Section.
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24. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted without
prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States mail,
postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
Attention: Eldon G. Davidson, P.E.
Utilities Manager
(949) 644 -3311
Fax (949) 646 -5204
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Clay Rumbaoa, P.E.
Burns & McDonnell
2990 East La Palma Avenue, Suite A
Anaheim, CA 92806
(714) 632 -5183
Fax(714)632 -6952
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26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt by defaulting party from the other party of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
nondefaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
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same or any other term, covenant or condition contained herein whether of the same or a
different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
30. PATENT INDEMNITY
Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
in
r
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
By:—IL"n
Daniel .
Deputy
CONSULTANT
Jeffrey r
Jeffrey R. Thornbury, P.E.
Regional Manager
Burns & McDonnell
huwm*bw'shareMagreemenis%1snk prof s .dm
ReY 82&00
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CITY OF NEWPORT BEACH
A Municipal Corporation
By: ( D (6—z)
Don Webb
Public Works Director
June 2, 2000
Mr. Eldon G. Davidson, P.E.
Utilities Manager
City of Newport Beach
Public Works Department- Utilities Division
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92658 -8915
• EXHIBIT A
Subject: City of Newport Beach — Revised Proposal to dispose of Copper
Sulfate impacted material
Dear Mr. Davidson,
Bums & McDonnell is pleased to submit our proposal to provide construction and
technical services for the removal of copper sulfate impacted soils at the City of Newport
Beach (City) reservoir facility. This proposal is based on our meeting on Friday, May12,
with Messrs. Pete Antista (City of Newport Beach), Wayne Grandin (WTG Consulting
Services), John Faulker (Bums & McDonnell), and yourself.
BACKGROUND
The City staff accumulated/collected the saturated solids from the adjacent reservoir into
concrete lined trapezoidal shaped settling basins. In an attempt to expedite the drying
process, City staff transported the material onto native ground, with an approximate non-
continuous area of 100' x 400'. The thickness ranges from 2" to 8 ". The solids was
chemically analyzed, and the results showed varied levels of copper sulfate. The City has
received direction from the Orange County Health Department to dispose of the copper
sulfate impacted material, in addition to performing conformation sampling on the
underlying soil material to insure the copper sulfate did not migrate downward.
SCOPE
Bums & McDonnell has identified four discrete Tasks with corresponding subtasks. The
four tasks include Technical Services, Technical Support, Construction Services,
and Conformation Sampling. Bums & McDonnell has contacted (anonymously) Mr.
Diaro Moody of the SCAQMD (South Coast Air Quality Management District), and he
stated that no permit or special authorization is required from his agency.
crreur¢es•,ucamcn•COWLtA rs
Ia Palma (orpaate Pork
1990 fast Le Palmo Avenue
Suite A
Aaoheim, (ad mia 91806
Tel: 714 631 -5183
Fax: 714 632.6951
hnp: #wx v burnsmcd.ram
y Mr. Eldon G. Doon. P.E. •
Revised Proposal for Copper Impacted Material
June 2, 2000
Page 2
Task 1 — Technical Services
• Prepare site /activity Health and Safety Plan
• Prepare a site Work Plan for the Orange County Health Department
• Prepare final report with documentation containing, field activities (type of
equipment, work performed, personnel on -site, weather), material chain of custody,
transportation manifests, results of analytical data, and a map showing where the
samples were taken.
Task 2 — Technical Support
• Assist the City in the procurement of Contractors to perform hauling and disposal of
impacted material, by obtaining a minimum of three competitive bids
• Attend a minimum of one meeting with the Orange County Health Department
• Provide project/construction management during field activities (cleaning out of
settling basins, stockpiling & loading) to insure compliance of safety procedures,
work plan and transportation documents.
Task 3 — Construction Services
• Clean-out of settling basins using a Gradall Equipment
• Arrange the 100'x 400'x 6" material into a manageable stockpile using a Scraper
• Load stockpiled material into trucks for transport
Task 4 — Conformation Sampling
Once the impacted material is transported off -site, 8 sample locations (based on 1 sample
per 5,000 ft2) at strategically located areas will be taken. Due to the natural occurrence of
copper in the soil, one background sample will need to be taken.for comparison purposes.
The samples will be analyzed using EPA Method 7000 series. The turnaround time for
the results will be 10 working days. Expediting the turnaround time will incur additional
charges from the laboratory. This task assumes only one round of sampling and analysis.
COST ESTIMATE
Below is a cost breakdown by task:
Task 1 —Technical Services
Health & Safety Plan LS $ 600.00
Site Work Plan LS $1,000.00
Final Repo LS $1.000.00
Total Task 1 $2,600.00
. „ y Mr. Eldon G. �on, P.E. •
Revised Proposal for Copper Impacted Material
I� June 2, 2000
Page 3
Task 2 — Technical Service
Procurement of Contractor LS $1,600.00
Prepare /attend meeting LS $ 500.00
Project Management LS $3.000.00
Total Task 2 $5,100.00
Task 3 — Construction Services
Clean-out of settling basin LS $4,500.00
Stockpile Material LS $7,500.00
Load Stockpile into trucks LS $3.900.00
Total Task 3 $15,900.00
Task 4 — Conformation Sampling;
Sampling (9 locations) LS $ 1,500.00
Laboratory Analysis 9 samples (@ $30 $ 270.00
Total Task 4 $ 1,770.00
Total Tasks 1 thru 4 $25,370.00 rI%,36lded Soo Ive
2Sm.ee l.Veecir.if q�euf.
A 2787o°n
rn
Bums & McDonnell is sensitive to the conces'of the City. With our experience in
similar cases, we feel that Bums & McDonnell can provide the City with expertise
necessary. If you have any questions please call us at (714) 632 -5183.
Sinc7ely,
Jeff R. Thombury, P.E.
Region Manager
/-
Clay R. Rumbaoa, P.E.
Staff/Technical Manager
.'i'. • EXHIBIT B
Schedule of Hourly Professional Service Billing Rates
Position
Classification
Hourly
Classification
level
Billing Rate
General Office*
5
$42.50
Technician'
6
$46.00
Assistant
7
$52.00
8
$70.00.
9
$84.00
Staff"
10
$91.50
11
$98.50
Senior
12
$107.00
13
$118.00
Associate
14
$130.00
15
$135.00
Principal
16
$138.00
17
$143.00
Notes
1. Position classifications listed above refer to the fir's intemal classification system for employee compensation. For
example, "Associate," 'Senior," etc., refer to such positions as "Associate Engineer, "'Senior Architect," etc.
2. The hourly rates shown above are effective for services through December 31, 2000, and are subject to revision
thereafter.
3. For any nonexempt personnel in positions marked with an asterisk (7, overtime will be billed at 1.5 times the hourly
labor billing rates shown.
4. Project time spent by corporate officers will be billed at the Principal rate (Level 17) plus 25 percent.
5. For outside expenses incurred by Bums & McDonnell, such as authorized travel and subsistence, and for services
rendered by others such as subcontractors, the client shall pay the cost to Bums & McDonnell plus 10%.
6. A technology charge of $7.50 per labor hour will be billed for normal computer usage, computer aided drafting
(CAD), telephone, fax, photocopy and mail services. Specialty items are not included in the technology charge.
7. Monthly invoices will be submitted for payment covering services and expenses during the preceding month.
Invoices are due upon receipt A late payment charge of 1.5% per month will be added to all amounts not paid
within 30 days of the invoice date.
BMR1300C
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this 5-7ti1- day of Jul V, 2000, by and
between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to
as "City"), and Sonas Soil Resource Recovery of Arizona, Inc., whose address is P.O.
Box 760 Salome, Arizona 85348 -0760 (hereinafter referred to as "Sonas "), is made with
reference to the following:
RECITALS
A. City is a Municipal Corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the
Charter of City.
B. City is planning to implement the removal of sediment material resulting
from the cleaning of Big Canyon Reservoir ( "Project').
C. City desires to engage Sonas to receive, treat and dispose of approximately
900 tons of sediment material upon the terms and conditions contained in
this Agreement.
D. The principal member of Sonas for purpose of Project is
Thomas "Greg" Romero, Arizona Operations General Manager.
E. City has solicited and received a proposal from Sonas, has reviewed the
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0
previous experience and evaluated the expertise of Sonas and desires to
contract with Sonas under the terms of conditions provided in this
Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the 8th day of July, 2000, and
shall terminate on the 28th day of October, 2000, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Sonas shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" and incorporated herein by reference.
3. COMPENSATION TO SONAS
City shall pay Sonas for the services in accordance with the provisions of this
Section. Sonas's compensation for all work performed in accordance with this
Agreement shall not exceed the total contract price of Eighteen thousand dollars
($18,000). Price is dependent upon weight of material and shall be $20.00 per ton.
3.1 Sonas shall maintain accounting records of its billings which includes the
name of the employee, type of work performed, times and dates of all work which is billed
on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
-2-
3.2 Sonas shall submit monthly invoices to City payable by City within thirty (30)
days of receipt of invoice subject to the approval of City.
3.3 Sonas shall not receive any compensation for extra work without prior
written authorization of City.
3.4 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of ten
percent (10 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
4. STANDARD OF CARE
4.1 All of the services shall be performed by Sonas or under Sonas's
supervision. Sonas represents that it possesses the professional and technical personnel
required to perform the services required by this Agreement and that it will perform all
services in a manner commensurate with the community professional standards. All
services shall be performed by qualified and experienced personnel who are not
employed by City nor have any contractual relationship with City. Sonas represents and
warrants to City that it has or shall obtain all licenses, permits, qualifications and
approvals required of its profession. Sonas further represents and warrants that it shall
keep in effect all such licenses, permits and other approvals during the term of this
Agreement.
5. INDEPENDENT PARTIES
City retains Sonas on an independent contractor basis and Sonas is not an
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employee of City. The manner and means of conducting the work are under the control
of Sonas, except to the extent they are limited by statute, rule or regulation and the
expressed terms of this Agreement. Nothing in this Agreement shall be deemed to
constitute Sonas or any of Sonas's employees or agents to be the agents or employees
of City. Sonas shall have the responsibility for and control over the details in means of
performing the work provided that Sonas is in compliance with the terms of this
Agreement.
6. COOPERATION
Sonas agrees to work closely and cooperate fully with City's designated Project
Administrator, and any other agencies which may have jurisdiction or interest in the work
to be performed. City agrees to cooperate with Sonas on Project.
7. PROJECT MANAGER
Sonas shall assign Project to a Project Manager, who shall coordinate all phases
of Project. This Project Manager shall be available to City at all reasonable times during
term of Project. Sonas has designated Thomas "Greg" Romero to be its Project
Manager. Sonas warrants it will continuously furnish the necessary personnel to complete
Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Sonas within ninety days of receiving the
sediment material.
112
•
9. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Sonas shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
10. HOLD HARMLESS
Sonas shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damages, or any other claims arising from any and all negligent acts or
omissions of Sonas its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement, excepting only the
active negligence or willful misconduct of City, its officers or employees, and shall include
attorneys' fees and all other costs incurred in defending any such claim. Nothing in this
indemnity shall be construed as authorizing, any award of attorneys' fees in any action on
or to enforce the terms of this Agreement.
11. INSURANCE
Without limiting Sonas's indemnification of City, and prior to commencement of
work, Sonas shall obtain and provide and maintain at its own expense during the term of
this Agreement policy or policies of liability insurance of the type and amounts described
below and satisfactory to City. Certification of all required policies shall be signed by a
person authorized by that insurer to bind coverage on its behalf and must be filed with
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City prior to exercising any right or performing any work pursuant to this Agreement.
Except workers compensation and errors and omissions, all insurance policies shall add
City, its elected officials, officers, agents, representatives and employees as additional
insured for all liability arising from Sonas's services as described herein.
All insurance policies shall be issued by an insurance company certified to do
business in the State of California, with original endorsements, with Best's A- VII or better
carriers, unless otherwise approved by City Risk Manager.
A. Workers compensation insurance covering all employees and principals of,
per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $2
million combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial general liability insurance or other
form with a general aggregate is used, either the general aggregate shall
apply separately to this Project, or the general aggregate limit shall be twice
the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Sonas in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
Said policy or policies shall be endorsed to state that coverage shall not be
&.9
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canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Sonas shall give City prompt and timely notice of claim made or suit
instituted arising out of Sonas's operation hereunder. Sonas shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the work.
Sonas agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, that shall
look solely to its insurance for recovery. Sonas hereby grants to City, on behalf of any
insurer providing comprehensive general and automotive liability insurance to either
Sonas or City with respect to the services of Sonas herein, a waiver of any right of
subrogation which any such insurer of Sonas -may acquire against City by virtue of the
payment of any loss under such insurance.
12. PROHIBITION AGAINST TRANSFERS
Sonas shall not assign, sublease, hypothecate or transfer this Agreement or any
of the services to be performed under this Agreement, directly or indirectly, by operation
of law or otherwise without prior written consent of City. Any attempt to do so without
consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Sonas, or of the interest of any general partner or joint
venturer or syndicate member or co- tenant if Sonas is a partnership or joint - venture or
syndicate or co- tenancy, which shall result in changing the control of Sonas, shall be
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• •
construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty -five percent (25 %) or more of the assets of the
corporation, partnership or joint-venture.
13. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Sonas pursuant to or in connection
with this Agreement shall be the exclusive property of City.
14. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
15. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Eldon
Davidson shall be considered the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be rendered
pursuant to this Agreement.
16. RECORDS
Sonas shall keep records and invoices in connection with the work to be
performed under this Agreement. Sonas shall maintain complete and accurate records
with respect to the costs incurred under this Agreement. All such records shall be clearly
identifiable. Sonas shall allow a representative of City during normal business hours to
10
s •
examine, audit and make transcripts or copies of such records. Sonas shall allow
inspection of all work, data, documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
17. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Sonas shall not discontinue work
for a period of thirty (30) days from the date of withholding as a result of such withholding.
Sonas -shall have an immediate right to appeal to the City Manager or his designee with
respect to such disputed sums. Sonas shall be entitled to receive interest on any withheld
sums at the rate of seven percent (7 %) per annum from the date of withholding of any
amounts found to have been improperly withheld.
18. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS OR
CONTRACTORS
City reserves the right to employ other consultants, suppliers, independent
contractors or other entities in connection with Project.
19. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted without
prior written approval of City.
in
20. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States mail,
postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Sonas to City shall be addressed
to City at:
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
Attention: Eldon G. Davidson
Utilities Manager
(949) 644 -3311
Fax (949) 646 -5204
All notices, demands, requests or approvals from City to Sonas shall be addressed
to Sonas at:
Attention: Thomas "Greg" Romero
Arizona Operations General Manager
Sonas CDE Resources, Inc.
P.O. Box 760
Salome, Arizona 85348 -0760
Telephone (480) 592 -9145
Fax (602) 294 -4544
21. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
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default in the performance of this Agreement. If such default is not cured within a period
of two (2) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting parry fails to give adequate assurance of due performance within two
(2) days after receipt by defaulting party from the other party of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
nondefaulting party may terminate the Agreement forthwith by giving to the defaulting
parry written notice thereof.
21.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Sonas as
provided herein. Upon termination of this Agreement, City shall pay to Sonas that portion
of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
22. COMPLIANCES
Sonas shall comply with all laws, state, of federal or local and all ordinances, rules
and regulations enacted or issued by City.
23. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein whether of the same or a
different character.
-11-
24. INTEGRATED CONTRACT
The City has reviewed and agrees to the provisions contained in the "Processing
Agreement for Contaminated Waste" supplied by Sonas and attached and incorporated
into this agreement as Exhibit 'B ". This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions hereon.
Any modification of this Agreement will be effective only by written execution signed by
both City and Sonas.
25. SEVERABILITY
If any provision of this Agreement is deemed to be unenforced such
determination shall have no effect upon the enforceability of any other provision.
26. BINDING EFFECT
This Agreement will inure to the benefit and be binding upon the successors and
assigns of the respective parties hereto, provided, however, that this Agreement may
not be assigned without the prior written consent of both parties hereto.
27. GOVERNING LAW
This Agreement shall be governed by the laws of the State of California.
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0
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
SONAS CDE RESOURCES, INC.
By:
Thomas Romero
Arizona Operations General Manager
f: Nusem \pbw\shered5agreementslblank prof serv.doc
Rev 0 6-28-00
C:M/TGMewport Beach/SonasConDmft.doc
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CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Don Webb
Public Works Director
0
i\0100 EXHIBIT A sCw� Earth sciences
iii':
May 16, 2000
John Faulkner
Bums & McDonnell
10625 Scripts Ranch Blvd., Ste. A
San Diego, California 92126
Via Facsimile 85S,.547.9876
Original to follow in the U.S. Mail
SUBJECT: Cost Proposal for the Treatment of 200 to 400 cubic yards of Copper
contaminated soils /sediments in Newport Beach, California
Dear John:
This letter is intended to communicate the Sonas/CDE bid for the project captioned above. We are
hopeful this cost proposal will inspire decision makers to use Sonas over lesser treatment/disposal
options.
For purposes of the estimated 270 to 540 tons impacted by copper at a facility in Newport Beach,
California, Sonas is submitting a qualified bid of 520.00 /ton to: treat the soil utilizing our chemical
Exation/stabilizadon technology; document the soil is inert; and produce a closure report (certificate
of treatment and recycling) that identifies, among other things, the end use of the treated soil.
End dump transportation can be arranged from Newport Beach to our facility located in Vicksburg,
Arizona, fur a cost of $32.00 /ton by Rust & Sons Trucking/Bob Doyle (619) 443 -6193.
This bid is conditioned on the basis that satisfactory analytical profiling must be evaluated and
approved (usually within 48 hours) by Sonas, and soil must be free of excessive moisture and debris.
Please do not hesitate to contact me at 480 - 592 -9145 with any questions related to our proposal.
Thank you for the opportunity to bid the project.
Sincerely,
Sonas SoTResourcq Recovery of Arizona, Inc.
Thomas "Greg" Romero
EXHIBIT B
PROCESSING AGREEMENT
FOR
CONTAMINATED SOLID WASTE
This Contaminated Solid Waste ProcessiugAgreement (Agreement) is made this 28th day of June,
2000, by and between City of Newport Beach (City), whose principal place of business is 3300
NewporLBoukva dl Newport,Beach ,California 926$3. -3915 and Sonas Soil-Resource Recovery
of Arizona, Inc. ( Sonas), whose principal place of business is the Sonas plant site located in
Vkkclm_ r_&Arizona.
A_. Sonasnperste a treatment and _raWc_ling fad locate immediately north of mile marker
46 on State Highway 72, one -half mile northwest of Vicksburg, Arizona (the Sonas Recycling
Facility).
B_ Sons. provides. cervices .at_.tbe_. Sonar Rw4cling_ Facility which include- treatment of
contaminated solid wastes, as hereinafter defined, using chemical fixation/stabilization
technology.
C_ City is the owner of antttroximste E 90Qtons_o£Cnntamina1ed Solid Waste (Waste) which was
removed from a site described as the dried reservoir cleaning sediment, which-has been
acci� ed the arrtarre rode ('A�(11()n -QQt Arvi is fi,rrhx descried on the Project and Waste
Profile form submitted to Sonas by the City. —
D_ City desiresto delivec.the_Waste to the Sanac Rec�Facility and to retain the services of
Sonas to treat the Waste and arrange for the final destination of the processed material.
E_ S.onas desires to pro_vide_sucb- _wndaPC_ nn -.the_ terms and conditions described in this
Agreement.
Definitions:
(i)Solid Waste means soils. sediments diammaceaus earth and other indigenous filter media,
and water and wastewater treatment sludges and industrial process sludges that do not exhibit
free-liquids;
(ii) Prohibited Substance means any substanae,pollutantor contaminant defined as either a
listed or characteristic hazardous waste in 40 CFR 261 Subparts C and D, and 40 CFR 761,
as amended The tenn.includes.without limitation any substance regulated under the Toxic
Substances and Control Act of 1976. The term does not include provisions set forth in Title
22 of the - California Code-of Regulations_ as amended.
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2. Agreement, Processing Fee. City agrees to retain the services of Sonas to treat the Waste
and- aaange_for the final destination of w- processed-ed material. Subject to the terms and
conditions set forth herein, Sonas agrees to provide the following services for-the fixed fee
of twenty. dollars ($20M)t pim tonr.not.ta..exceed a. total of eighteen thousand dollars
($18,000.00):
( .. rea* the wejgbt nfthe i„ mmino volume of waste by weighing each delivery truck
or container upon arrival and prior to exiting the facility;
(ii)_. Issuance of a_CCrt+fu are of Re&igtdaclumentingSonas' acceptance of the Waste and
accompanied by copies of the executed transportation manifests and corresponding
weigh tickets immediately following dpliv= of the Waste;
(iii) Confirm the analytical profile of the Waste using an independent state- certified
laboratory;
(ul Perform -a Treatahill nn a r_zt rPCP.n arive .physical sample of the Waste to
determine the proper reagent formula to render the Waste inert;
(v� ctn_mnve_ of-the_Waste_in an nmdmnmantanr sound manner prior to undergoing
treatment; there will be no co- mingling of projects or with other customer loads
hef rn .dnritg,nr after treatment _ umil curb tim as posttreatment levels have been
documented by an independent laboratory consistent with item (viii) below;._
(vii) Processing with chemical fixation/stabilization technology within ninety (90) days
from the date _the Wa a is delivered to the Snnac facility;
(viii) Confirmation by an independent state - certified laboratory that the treated Waste
complies with- the_Arizona.Dep rtment of Fnvimnmental Quality s standard(s) for
Inert material and/or is below the following contaminant thresholds: Non - Detect per
SPLP (EPA_Mdmd- 1312);
(ix)_ Arrangementsforthe uhimatP destination of the treated material at no additional cost
to the City;
(x) Issuance of a Certificate_ of Treatment_ & Recycling and supporting documentation
that summarizes the management of the Waste from the time the material leaves the
site-of orighlthrmigh gatic etarrv.bmatment oft Waste;
3. Performance Guarantee. If after accepting the Waste at the Sonas Recycling Facility, Sonas
fails to achieve the treat` iw levels idemifiedin.Paragtaph 2(viii) within the ninety (90) day
period specified for any reason, Sonas will pay for transportation and disposal of the Waste
at an alternate facility that is is that acceptable to-bath parties at no cost to the City.
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4. Payment of the.Processing _Fee. - Agent agmes to..pay Sonas the entire amount of the
processing fee within thirty (30) days from the date that the invoice is presented. An invoice
wilLbeissued.upon_ accq == of a Wagt at the Conk Recycling Facility. The invoice will
accompany the Certificate of Receipt and shipping documents described. as item. -(H) in
Paragraph two. The_invoice_will-be cnmon_the -basis of the documented tonnage
delivered to the facility and the $20.00 /ton gate fee. Delinquent accounts will be assessed a
genaltyof L.S% per month.
Sonar reserves tllex4bt�_verify aed+t .Naha Qfthe -City and require a deposit of up to 50%
of total processing fee or other payment assurances.
5_ Agent- FOS rAshurg Ariwna_. City, at its own-expense, will transport-the. Waste to the
Sonas Recycling Facility. _.
fi- Some as hdVendent Contraetor.. Sonas-will. atz]l- ' s e ermine the appropriate method,
details, and means of performing the services described in Paragraph 2,
7_ ConditionsforAcceptance of the Waste at the Somas Recycling Facility. City agrees to the
following conditions on the acceptance by Sonas of the Waste at the Sonas Recycling Facility:
(j) City 1>an' provided all mfnrmation and warranties identified on the Project and Waste
Profile form fiunished by Sonas; --
(iii. City .has pr vjded .ta. Sons .field and_ laboratory analyses satisfactory to Sons
certjfying that the Waste contains no Regulated Substances and only those
Constituents_ identified .onthe.. Project and_Waste_.Profile submitted to Sonas by the
City;
(iii) Each vehicle delivering Waste to Sonas pursuant to this Agreement must present a
Transportation Manifest approved by Sonas for admittance to the Sonas facility;
(iv) City agrees that na free_ lowingJjquids_ofany kind -shall be transported in the vehicles
delivering the Waste to the Sonas facility;
(v) City represents and warrants -that it will deliver for processing to Sonas only Waste
matching the Project and Waste Profile and analytical data referenced as item (ii)
aho�e;
(v4 City understands that all Wastes exhibiting the properties of a Prohibited Substance
will be rejected or removed from the Sonas facility and returned to the site of origin
or a_faciljty permitted to ac�the waste at the City's expense.
8. Transfer of Ownership of Waste. Sonas agrees only to provide the services described in
Paragraph All Wasted Bred- to-.Sonashy the City shall remain the property of the City
for all legal and equitable purposes prior to delivery, after delivery, and during processing.
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After the treatment levels identified as item (vii4 in Paragraph 2 have been validated by an
independentlabomtoryrthainertmsteri ai shall he property and responsibility of Sonas.
9. Indemn#kadon. Agent agrees to indemnify and hold Sonas harmless from and against any
and all elaints, Iossesr damages, axl=ses (inchiding,. dd3wit limitation, environnrentaLliability
and expenses incident thereto) incurred by Sonas wising. or resulting from or in connection
with_any....violation by Agent of the terns of this Agreement.
10. Entire Agreement. This Agreement supersedes any and all agreements, both oral and
wriften,between-the parries and with reap= to thederinng of services. by Sonas for Agent,
and contains all of the covenants and agmements between the parties with respect to the
rend_ e� f the services in ar y-manner whatmever.
11. Amendment. This Agri may be modified or amended only by written agreement signed
botUyffie_City an &en_ofcer ofSones.
12. Binding Agreement. This Agreement and all the provisions hereof shall be binding upon and
to th - beneSt of the pa cn
rries hereto and their re�erti_ve_successors and permitted assigns.
13. Arbitration. Any controversy arising out of the performance of this contract or regarding the
in erp inn ofthis contract is cuh�t_in arbkratinn- .Roth parties to this contract are bound
each to the other by this arbitration clause. On the demand of the arbitrator or either parry
to, thicarhitration thsnter party ag=sto join-inbecoma a party to, and be bound by such
arbitration proceedings. Arbitration shall be conducted by the Commercial Arbitration Rules
4theAaneriEae Ar ' in effect at the time of the arbitration.
If either parry refuses or neglects to appear at or to participate in arbitration proceedings, the
arhitratnm ate empow&xeri to de ;dP the cantroyers .in.accordance with whatever evidence
is presented by the parry or parties who do participate. The arbitrators are authorized to
award either party the sums as they consider Mager for the time, expense, and trouble of
arbitration, including arbitration fees and attorney's fees. This agreement to arbitrate shall be
specifically enforceable under the_pteyailing arbitration law. The award rendered by the
arbitrators shall be final, and judgment my be entered upon it in any court having jurisdiction
therenf All arbitration shall e b in h4adcopaiCounly,. Arizona.
14. Legal Fees. If either party becomes involved in arbitration or litigation arising out of this
cnntract or.the.perfnrmance of it, the. court . or.tn,'hunat in such arbitration, litigation, or in a
separate suit, may award reasonable costs and expenses of arbitration and litigation, including
expert witnesses' f?P& nttnmP,7c' fee-, to the..nr vat party. The parties agree that the
successful party in any legal action shall be paid immediately by the losing parry the full
amduntofsuch expenses and fees incurred in_gand.faith
15. Governing Law. This Agreement shall be governed by, construed and enforced in
accordance with .thP lawc.aLthe State ofI rizona_mdihaut.giving effect to the law provisions
thereof.
F
WHEREOF, the parties have signed .this Agreement as of the date first above written.
City of Newport Beach
By:
Title:
SONAS
Sons_ SoilResourceRecovery.ofArizona, Inc.
By: I t 9,
//
nA }p' 6 a 8 o
Jr'
:it 3355
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this 5T day of JML. J , 2000, by and
between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to
as "City"), and Rust and Sons Trucking, Inc., whose address is 15260 Willow Road
Lakeside, California 92040 (hereinafter referred to as 'Rust'), is made with reference to
the following:
RECITALS
A. City is a Municipal Corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the
Charter of City.
B. City is planning to implement the removal of sediment material resulting
from the cleaning of Big Canyon Reservoir ( "Project').
C. City desires to engage Rust to transport by truck approximately 900 tons of
sediment material directly from the City to Sonas CDE Resources, Inc in
Visksburg, Arizona upon the terms and conditions contained in this
Agreement.
D. The principal member of Rust for purpose of Project is
Bob Doyle, Operations Manager.
E. City has solicited and received a proposal from Rust, has reviewed the
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previous experience and evaluated the expertise of Rust and desires to
contract with Rust under the terms of conditions provided in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the 8th day of July, 2000, and
shall terminate on the 28th day of October, 2000, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Rust shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" and incorporated herein by reference.
3. COMPENSATION TO RUST
City shall pay Rust for the services in accordance with the provisions of this
Section. Rust's compensation for all work performed in accordance with this Agreement
shall not exceed the total contract price of Twenty eight thousand eight hundred dollars
($28,800). Price is dependent upon weight of material and shall be $32.00 per ton.
3.1 Rust shall maintain accounting records of its billings which includes the
name of the employee, type of work performed, times and dates of all work which is billed
on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Rust shall submit monthly invoices to City payable by City within thirty (30)
days of receipt of invoice subject to the approval of City.
3.3 Rust shall not receive any compensation for extra work without prior written
authorization of City.
3.4 Notwithstanding any other paragraph or, provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of ten
percent (10 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
4. STANDARD OF CARE
4.1 All of the services shall be performed by Rust or under Rust's supervision.
Rust represents that it possesses the professional and technical personnel
required to perform the services required by this Agreement and that it will
perform all services in a manner commensurate with the community
professional standards. All services shall be performed by qualified and
experienced personnel who are not employed by City nor have any
contractual relationship with City. Rust represents and warrants to City that
it has or shall obtain all licenses, permits, qualifications and approvals
required of its profession. Rust further represents and warrants that it shall
keep in effect all such licenses, permits and other approvals during the term
of this Agreement.
5. INDEPENDENT PARTIES
City retains Rust on an independent contractor basis and Rust is not an employee
of City. The manner and means of conducting the work are under the control of Rust,
except to the extent they are limited by statute, rule or regulation and the expressed terms
of this Agreement. Nothing in this Agreement shall be deemed to constitute Rust or any
of Rust 's employees or agents to be the agents or employees of City. Rust shall have
the responsibility for and control over the details in means of performing the work
provided that Rust is in compliance with the terms of this Agreement.
6. COOPERATION
Rust agrees to work closely and cooperate fully with City's designated Project
Administrator, and any other agencies which may have jurisdiction or interest in the work
to be performed. City agrees to cooperate with Rust on Project.
7. PROJECT MANAGER
Rust shall assign Project to a Project Manager, who shall coordinate all phases of
Project. This Project Manager shall be available to City at all reasonable times during
term of Project. Rust has designated Bob Doyle to be its Project Manager. Rust warrants
it will continuously furnish the necessary personnel to complete Project on a timely basis
as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
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and the services shall be performed by Rust within ten days of execution of this
agreement.
9. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Rust shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City Council.
10. HOLD HARMLESS
Rust shall indemnify, defend, save and hold harmless City, its City Council, boards
and commissions, officers and employees from and against any and all loss, damages,
liability, claims, allegations of liability, suits, costs and expenses for damages of any
nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damages, or any other claims arising from any and all negligent acts or
omissions of Rust, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement, excepting only the
active negligence or willful misconduct of City, its officers or employees, and shall include
attorneys' fees and all other costs incurred in defending any such claim. Nothing in this
indemnity shall be construed as authorizing, any award of attomeys' fees in any action on
or to enforce the terms of this Agreement.
11. INSURANCE
Without limiting Rust's indemnification of City, and prior to commencement of work,
Rust shall obtain and provide and maintain at its own expense during the term of this
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Agreement policy or policies of liability insurance of the type and amounts described
below and satisfactory to City. Certification of all required policies shall be signed by a
person authorized by that insurer to bind coverage on its behalf and must be filed with
City prior to exercising any right or performing any work pursuant to this Agreement.
Except workers compensation and errors and omissions, all insurance policies shall add
City, its elected officials, officers, agents, representatives and employees as additional
insured for all liability arising from's services as described herein.
All insurance policies shall be issued by an insurance company certified to do
business in the State of California, with original endorsements, with Best's A- VII or better
carriers, unless otherwise approved by City Risk Manager.
A. Worker's compensation insurance covering all employees and principals of ,
per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $2
million combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial general liability insurance or other
form with a general aggregate is used, either the general aggregate shall
apply separately to this Project, or the general aggregate limit shall be twice
the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Rust in a minimum amount of $1 million combined single
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limit per accident for bodily injury and property damage.
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Rust shall give City prompt and timely notice of claim made or suit
instituted arising out of Rust's operation hereunder. Rust shall also procure and maintain,
at its own cost and expense, any additional kinds of insurance, which in its own judgment
may be necessary for its proper protection and prosecution of the work.
Rust agrees that in the event of loss due to any of the perils for which it has agreed
to provide comprehensive general and automotive liability insurance, that shall look solely
to its insurance for recovery. Rust hereby grants to City, on behalf of any insurer providing
comprehensive general and automotive liability insurance to either Rust or City with
respect to the services of Rust herein, a waiver of any right of subrogation which any such
insurer of Rust may acquire against City by virtue of the payment of any loss under such
insurance.
12. PROHIBITION AGAINST TRANSFERS
Rust shall not assign, sublease, hypothecate or transfer this Agreement or any of
the services to be performed under this Agreement, directly or indirectly, by operation of
law or otherwise without prior written consent of City. Any attempt to do so without
consent of City shall be null and void.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Rust, or of the interest of any general partner or joint venturer
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or syndicate member or co- tenant if Rust is a partnership or joint - venture or syndicate or
co- tenancy, which shall result in changing the control of Rust, shall be construed as an
assignment of this Agreement. Control means fifty percent (50 %) or more of the voting
power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership
or joint- venture.
13. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Rust pursuant to or in connection with
this Agreement shall be the exclusive property of City.
14. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
15. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Eldon
Davidson shall be considered the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his/her authorized
representative shall represent City in all matters pertaining to the services to be rendered
pursuant to this Agreement.
16. RECORDS
Rust shall keep records and invoices in connection with the work to be performed
under this Agreement. Rust shall maintain complete and accurate records with respect to
• •
the costs incurred under this Agreement. All such records shall be clearly identifiable.
Rust -shall allow a representative of City during normal business hours to examine, audit
and make transcripts or copies of such records. Rust shall allow inspection of all work,
data, documents, proceedings and activities related to the Agreement for a period of
three (3) years from the date of final payment under this Agreement. Rust shall provide
City with all trucking manifests, documents indicating delivery and acceptance of material
at Sonas and other pertinent documents within 48 hours of the documents being
produced.
17. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Rust shall not discontinue work
for a period of thirty (30) days from the date of withholding as a result of such withholding.
Rust shall have an immediate right to appeal to the City Manager or his designee with
respect to such disputed sums. Rust shall be entitled to receive interest on any withheld
sums at the rate of seven percent (7 %) per annum from the date of withholding of any
amounts found to have been improperly withheld.
18. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS OR
CONTRACTORS
City reserves the right to employ other consultants, suppliers, independent
contractors or other entities in connection with Project.
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19. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted without
prior written approval of City.
20. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States mail,
postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Rust to City shall be addressed
to City at:
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
Attention: Eldon G. Davidson
Utilities Manager
(949) 644 -3311
Fax (949) 646 -5204
All notices, demands, requests or approvals from City to Rust shall be addressed
to Rust at:
Attention: Bob Doyle
Rust and Sons Trucking, Inc.
15260 Willow Road
Lakeside, CA 92040
Telephone (480) 592 -9145
Fax (619) 443 -9364
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21. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt by defaulting party from the other party of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
nondefaulting parry may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
21.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Rust as
provided herein. Upon termination of this Agreement, City shall pay to Rust that portion
of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
22. COMPLIANCES
Rust shall comply with all laws, state, federal or local and all ordinances, rules and
regulations enacted or issued by City.
23. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of the
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same or any other term, covenant or condition contained herein whether of the same or a
different character.
24. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Rust.
25. SEVERABILITY
If any provision of this Agreement is deemed to be unenforced such
determination shall have no effect upon the enforceability of any other provision.
26. BINDING EFFECT
This Agreement will inure to the benefit and be binding upon the successors and
assigns of the respective parties hereto, provided, however, that this Agreement may
not be assigned without the prior written consent of both parties hereto.
27. GOVERNING LAW
This Agreement shall be governed by the laws of the State of California.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
By:
Daniel Ohl
Deputy City Attorney
RUST AND SONS TRUCKING, INC.
By:
Raburn Rust
Vice President
Mmmtpbwkhareftgeementstlank profs .dm
CMTCR expcd Burch RustConDrA.doc
Rev 062840
-13
CITY OF NEWPORT BEACH
A Municipal Corporation
:
B &�
By:
Don Webb
Public Works Director
r
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
go
Daniel Ohl
Deputy City Attorney
RUST AND SONS TRUCKING, INC.
By:
Rabum Rust
Vice President
CW mXphwlshare0fagre eft%lank prof semdw
CYW G/NevgM BB &VRWConDmCdoc
Rev 0 628-00
-13
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Don Webb
Public Works Director
i
EXHIBIT A
TRUCKJHc
w"., orrcl: -;2e7vn7. od
U <wd.1. C► 43710
RATE QUOTE PREPARED FOR:W�Wwc G,e,4�y�`•`
Date:_ 6- 01T,-00
We welCome the opportunity to provide the fotlowfng rate quota. Faust
a Sons is looking forward to serving your transportation nwdb.
Plesse call us it you have any questions or need additional
In(ormaffon.
Company: G;' Ale w o,Qf cqc: A
Contact: k1-e hone. Fe? !r 3 I 71 7.,,�—'
Shipping from ��,Rng. /L C"q.
Destination: A -z-
Commodity-
Equipment Requirements: �N�j
uoted
Comments: Nwr will St ,-o✓1d _
M K=e,
'/P=s +h1f „lI !v`S f/Yw M[r.CM ✓r.IPGr .rxw �'s11v
Thank you,
:5(e� r.JF�
lou i
•
TO: Mayor and Members of the City Council
FROM: Public Works Department
0 � -QA- X33 )
June 27, 2000
CITY COUNCIL AGENDA
ITEM NO. 16
SUBJECT: BIG CANYON RESERVOIR SEDIMENT DISPOSAL
RECOMMENDATIONS:
1. Authorize the retention of the firm of Burns and McDonnell to manage the disposal
of sediment from the Big Canyon Reservoir site for $25,370.
2. Authorize contracting with hauling and disposal firms for the disposal of the
sediment from the Big Canyon Reservoir site for $28,800.
DISCUSSION:
The City's water distribution system includes the 200 million- gallon Big Canyon
Reservior. This reservoir is uncovered and sediment accumulates in the bottom. Every
three to five years the reservoir is drained so the sediment can be removed and the
lining can be inspected and repaired. This process is necessary to maintain the quality
of the water supplied to the City's system. In April of this year the reservoir was taken
out of service for cleaning. Approximately 900 tons of sediment was removed and
stock piled at the site.
Chemical tests taken on samples from the sediment indicated that it contained levels of
copper higher than the local landfills will allow. Alternate disposal sites were
investigated and a recycling center in Arizona was found to be the most feasible
disposal site. The City is required to coordinate the disposal of materials that can not
be taken to local landfills with the Orange County Health Department (OCHD).
The OCHD processing, site disposal management, hauling, and disposal require
expertise not currently available on the City staff. Waste management and disposal is a
specialized field. A proposal has been received from Burns and McDonnell to manage
the disposal of the sediment from the reservoir site to the recycling center and
coordinating the work with OCHD. The total price for this service is $25,370. Three
hauling firms have submitted quotes for hauling the sediment from the site to the
recycling center. The low price of $28,800 is from Rust & Sons Trucking. Three quotes
were received for the recycling or disposal of the sediment. Sonas Earth Sciences
quoted $20 per ton ($18,000 for 900 tons) to accept this sediment. Funds to cover the
SUBJECT: Authorization to Disposi&�ediment at Big Canyon Reservoir
June 27, 2000
Page 2
cost of the disposal project are available in the Maintenance and Repair Account
#5500 -8160 from the Utilities Water Division operating budget for this year.
The copper in the sediment comes from the copper sulfate that is periodically used in
the reservoir to control the growth of algae. This compound is commonly used in open
reservoirs across the nation to arrest algae blooms. It usually takes several treatments
during the year to control the algae. Over the years the copper accumulates in the
sediment from this treatment process. The City tests the copper levels in the water to
assure that the levels do not exceed the maximum standard of one part per million.
Our tests show we have maintained our copper levels below this maximum. When the
reservoir is covered, algae blooms will not occur and the copper sulfate treatment will
no longer be needed. Also, sediment from air borne dust will no longer be entering the
reservoir.
It is recommended that the firms of Burns and McDonnell, Rust & Sons Trucking, and
Sonas Earth Sciences be retained to perform respective necessary services to dispose
of the sediment at Big Canyon Reservoir.
Res pectfu l ly /sub m itt
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By: _1L
T' Eldon Davidson
Utilities Services Manager
F: \Users \PBW \Shared\ COUNCIL \Fy9g- OOUune- 27\Sediment at Big Canyon Res.doc