Loading...
HomeMy WebLinkAboutContracts & Agreements_145A-2018PS -1 1 (6127118) AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of laboratory analysis for groundwater, surface water, soil -pore gas, leachate and condensate for the California Street Landfill C Agreement") is made and entered in this 2 Asd'Effective Date"), by and between the City of Redlands, a municipal corporation ("City)" and Week Laboratories, Inc {"Consultant") City and Consultant are sometimes individually referred to herein as a "Party" and, together, as the "Parties " In consideration of the mutual promises contained herein, City and Consultant agree as follows - ARTICLE I — ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant to provide laboratory analysis on groundwater, surface water, soil -pore gas, leachate and condensate for the California Street Landfill services for City (the "Services") 12 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skull and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services ARTICLE 2 — SERVICES OF CONSULTANT 21 The Services that Consultant shall perform are more particularly described in Exhibit "A," entitled "Scope of Services," which is attached hereto and incorporated herein by reference 22 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agreement including, but not limited to, State prevailing wage laws ARTICLE 3 — RESPONSIBILITIES OF CITY 3 1 City shall make available to Consultant information in its possession that may assist Consultant in performing the Services 32 City designates Chris Boatman, Quality of Life Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services ARTICLE 4 — PERFORMANCE OF SERVICES 41 Consultant shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "A," entitled "Scope of Services," 1.1ca1djm\Agreements\Weck Labs Professional Services Agreernent.PS-1 l doe 42 PS 1 1 (6/27118) which is attached hereto and incorporated herein by reference The Services shall commence on the Effective Date of this Agreement of this greemen a ni is Term") The City shall have the option. to extend the Initial Term of this Agreement by two (2) one-year additional terms (each, an "Extended Term"), on the same terms and conditions hereof, by providing written notice to Consultant at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term The Initial Term and any Extended Terms are hereinafter collectively referred to as the "Term" of this Agreement 43 If Consultant's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to the City, consistent with City Council adopted policy for the same It shall be the obligation of Consultant to obtain a copy of such policy from City staff. ARTICLE 5 — PAYMENTS TO CONSULTANT 5.1 The total annual compensation for Consultant's performance of the Servic T1s. 1 0 exceed the amount of fourteen thousand eight hundred twenty three dollar$.: 0 for Services rendered during the Initial Term or during any Extended Term The total compensation that may be paid to Consultant during the Term of this Agreement shall not exceed forty four thousand four hundred sixty nine dollars ($44,469 00) City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit "B," entitled "Price Sheet," which is attached hereto and incorporated herein by this reference 52 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month Consultant's invoices shall include a brief description of the Services performed, the dates the Services were performed, and the number of hours spent and by whom City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant's invoice 5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered (1) on the date of delivery in person, (a) five (5) days after deposit in first class registered mail, with return receipt requested, (iii) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section 9ty- Consultant City Clerk Marilyn Romero, Customer Service Manager City of Redlands Week Laboratories, Inc 35 Cajon Street 14859 Clark Ave 2 1 Icaldim\AgreementsVeck Labs Professional Services Agreement.PS I I doe Ps -1 1 (6127/18) P O Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cltyofredlands org (909) 798-7531 City of Industry, CA 91745 Marilyn romero@wecklabs com (626) 336-2139 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6.1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City A Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is sell -insured or exempt from the workers' compensation laws of the State of California Consultant shall execute and provide City with Exhibit "C" entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference prior to performance of the Services B Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City C Business Auto Liability coverage, with minimum hints of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability This coverage shall include all Consultant owned vehicles used in connection with Consultant's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City 62 Consultant shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services ARTICLE 7 --- CONFLICTS OF INTEREST 3 11ca1djmlAgreementslWeck Labs Professional Services Agreement.PS-i 1 doe PS 1 1 (6127/18) 7.1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant's Services Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement 72 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant A. Does not make a governmental decision whether to (i) approve a rate, rule or regulation, or adopt or enforce a City law, (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract, (iv) grant City approval to a contract that requires City approval and to which City is a parry, or to the specifications for such a contract, (v) grant City approval to a plan, design, report, study or similar item, (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof B Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302 7.3 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk. ARTICLE 8 — GENERAL CONSIDERATIONS 81 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party 82 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City's immediate termination of this Agreement. 4 11ca�djmlAgreements\Weck Labs Professional Services Agreement.PS 1 1 doc PS -1 1 (6/27118) 83 Consultant is for all purposes under this Agreement an independent Consultant and shall perform the Services as an independent Consultant Neither City nor its agents shall have control over the conduct of Consultant or Consultant's employees, except as herein set forth Consultant shall supply all necessary tools and instrumentalities required to perform the Services Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation 84 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City's intent to terminate If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services Consultant shall be compensated on a pro -rata basis for Services completed up to the date of termination 85 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement Such books shall be available at reasonable times for examination by City at the office of Consultant. 86 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant 87 This Agreement shall be governed by and construed in accordance with the laws of the State of California 88 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or 5 11ca1djmlAgreements\Weck Labs Professional Services Agreement.PS-1 1 doc P5 1 1 (6127118) sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement CITY OF REDLANDS By- n- 4 rique Aarri,nez, City Manager Attest c)..' " Lei, ', e Donaldson, City Clerk Week Laboratories, Inc By- �'/ � i yn Romero, Customer Service Manager 6 I IcaldjmUgreementslWeck Labs Professional Semces Agreement.PS 1.1 doe PS -1 1 (6127118) EXHIBIT "A" SCOPE OF SERVICES SCOPE OF SERVICES The City of Redlands Quality of Life department (City) is currently soliciting bids from California certified laboratories to provide laboratory analyses for the landfill division The Laboratory must possess the skills, licenses and professional expertise necessary to provide the analyses services to the City at a level of competency presently maintained by other practicing laboratories in the industry who provide like and similar types of services Minimum Requirements CERTIFICATION ■ ELAP qualified lab for California State Program ■ Ninety -Five percent of all analyses listed in the purchase requisition conducted in-house without subcontracting QUALITY ■ NELAP Approved Quality Assurance Manual ■ Code of Ethics Policy CAPABILITY ■ Accreditation — laboratory license to perform testing ■ Audit— most recent 3rd party audit report of quality systems (required as part of accreditation) ■ PT Results — most recent 3rd party proficiency test results (required as part of accreditation) ■ QA Manual — table of contents will illustrate depth of policies and procedures ■ SOPs — laboratory procedures for analysis according to approved test methods ■ MALs — method acceptance limits for each analytical method to illustrate precision and accuracy ■ Instrumentation — documentation of laboratory s investments in and commitment to technological advancements EXPERIENCE ■ Lab Overview - summary of history, expertise and management structure it Sample Experience - illustration of analytical capacity and ability to manage in a production environment ■ Staffing —details of staff education and industry experience ■ Clients — profile of type of work focus and opportunity to obtain feedback from 3-5 specific clients/projects ■ Minimum 3 customers for which QA/Lab Support services are provided CUSTOMER SERVICE ■ Located within 60 miles of 1950 Nevada Street, Redlands, CA 92373 ■ Available for deliveries and pick-ups 5 days per week using own staff (not 3rd party) PROGRAM MANAGEMENT 7 I lcaAjrnlAgreementslWeck Labs Professional Services Agreement.PS 1 1 doe PS 1 1 (6127118) ■ Order Login & Acknowledgement— method for organizing work orders and communicating with the client any issues at the outset of the protect ■ Protect Management— who will be in charge of meeting protect requirements and how with this person be involved and by what methods ■ QA/QC — measures taken to assure accuracy, precision, completeness and correctness of data ■ Contingency — plan to work assignments in the event of instrument failure or staff loss • Report— ease of use and documentation of QA/QC • Billing —ease of use in management and documenting costs The Laboratory shall comply with all applicable Federal, State and local laws during the performance of these specifications according to the most recent version of Standard United States Environmental Protection Agency (USEPA) Methods 8 I 1ca1djmlAgreementslWeck Labs Professional Services Agreement -PS 1 1 doc PS t 1 (6127/18) EXHIBIT "B" Price Sheet BIDDER'S PRICE SHEET » LABtiRWTORY SERVICES Pates should include cosi of labor material, equipment and subcontractor worts needed to proves their seNk" to the City Table i sumination of all Canons and Anions respectivety in the sample analyzed The standard method. SAA 23iOB, in the"Standard Meihods:for the Examination of Water and 1itlastew�ter" for hydroxide ion analysis shall be used r ra'" ]O=2201Y.fA LAt RAWRYAHALYSM ON GROUP40WATER MWACE WA R 6MF PORE GAS, LEACHATE XW COME3�F7"iATSFOR OAUFO1M.% FMr.LAMnF'j L 18 s~ I IcaldjmlAgreementslWeck Labs Professional Services Agreement.PS I i doc PS 1 1 (6/27/18) Fable 2 Rzs NOOLU12=19LU LAROPAYMY ANiWLY= Oi GROIitMATER, SMFACE WATt:lE. SM4z( RE a" €MATE AW CMENSATE MA CAUFOMA,STRMLANCMLL T9 10 T kaWjm1AgreernentslWeck Labs Professional Services Agreement.PS 1 1 doe PS 1 l (6127/18) Table 3 S 6� Perchforate EPA 314.0 i 8 3 25.00 { 8200.00 Purge 8nd Trap ! 1U , 7A 47Aa erdal V€�CS ! 8260E GCP�1S $ 5 7? EDB, Deep I EPA 504 $ $ $ .0 5 320.00 .: I A 12 6840 Item No. Constituent } 1 Test Method Quantity of ., , Quantity 6C: w Smples cclfttam Per Year ; Extended Price Unit pty x Unit Price Pricy 72 Fi Ground Watar Electrametric Extended 1 m S [(I Test Method Method Samples Collected Per Unit Price � ism Consatuent USEPA Description Year Prig wUrrit H SM 45030 H+8 Electrometic $ $ $ i E Total Dissolved Solids SM 2540 C Gravunstric 8 $ 25.00 IS200.00 ii1 ! Gh[aride EPA 300.0 Ion Chromatography 78tiiirata $ 17 00 IS136:00 62 Suffaie i EPA 300.0 ion Chmmatoaraohv $ 3 17 00 1 t 136 00 S 6� Perchforate EPA 314.0 i 8 3 25.00 { 8200.00 Purge 8nd Trap ! 1U , 7A 47Aa erdal V€�CS ! 8260E GCP�1S $ 5 7? EDB, Deep I EPA 504 $ $ $ .0 5 320.00 .: I A 12 6840 Item No. Constituent } 1 Test Method Method Descri . 'on ., , Quantity 6C: w Smples cclfttam Per Year I Extended Price Unit pty x Unit Price Pricy 72 Fi 150.1 Electrametric 3 $ 13.00 $ 9.00 33 f Total Dissolved Solids 1601 Gravimetric $ $ 25.00 S 74 Chlonde 325 Ion Ch3 $ 17.00 S 5100 75 1 Swale 375 Ion Ch MM912graphy 3 5 17.00 S 78tiiirata as N ! 353.2 Ion Chmmalograohy 3 S 1 00 3 77 1 B=rbonata 3101 TitrimWr, 3 5 S 78 Carbonate i 31DA TRnmetnc 3 5S. Q0 S JA ntlf 79 Chemical Oxygen Demand I 410.4 CofortmeWc i 3 3000 Is is 9000 8D HICroxide. , SM 233CE Standard Methods 3 ; S 6 0D S 16.00 81 Total Alkalinity 3101 - 3 5 6.001S 1800 32 47 Amendbc I VOCs 82806 Purge and Trap GGJM5 3 i is 110.013.330 5 00 RM iBOk.Qaf3tDSYLti (1 ZOMItKY AHALY" OR MUNRWATM SMACE WAM 3M -FE aM LeAcHAIM AHD =MtMATE FOR C&VOF &STRERY1ANDk" 21 11 11caldjm\AgreementslWeck Labs Professional Services Agreement.PS I 1 doe PS 1 1 (6/27118) `Fable 5 Table 6 Lyeimeters t 'rrl have h'*to ' been d � -� *Estttna id EXtended Llgejd Samples Price item MethodMethodI Collectedear Per Unit (QP nit NoConstituent USEPA ❑escri tion Price Price) 86 i oH SM 4500 H+8 'Etect ometnc 4 t $ 3;00 5 12.00 Trial Dissolved i 2100 1€10 00 87 Solids SM 2540 C Gramrnstria 4 5 $ 88 { } Chloride EPA 300.0 Chrormaftan h 4 S 1700 $ 6800 kan17 W tie 00 89 Sulfate EPA 300.0 Ghrorn ra 4 $ $ Son 17100 6800 90 Nitrate as NJ EPA 300.0 Chromatography 1 4 $ $. . 191 Bicarbonate 310.1 -mirnetnc 4 S 600 $ 24.00 i 82 Carbonate 310.1 ' Iwrnetft 4 i S 6.00 S 24.00 Chemical Oxygen 3000 12000 33 Demand 410.4 Colorimetric 4 S $ 194 EDB DSCP EPA 504 4 $ 7.00 S 2800— 800Standard 196 Standard � ; 7 00 28 130 H &O"Ce SNI 23308 Methods 4 is $ i 98 I Biased Carbon Dioxide Field 4 I $ 1500 j s 6000 r 197 ( Total Allmlincty SM 232013 - 1 4 1 $ 5 DO $ 24.i 98 Pemhlorata EPA 314.04 8 g i 47Appendixl PurgaandTrap 1 1 11UUU 44u.uuI 99 VOCs 82608 GCJMS i 4 i S S 1,296 0 Grand Total Gmrid7otal Tota} Sum Bid 14,823 00[ Items 1 through 99 i$ $ I 'Extended Prica = Estimated Quantity x Unit Pnae VENDOR MEETS ALL MINIMUM REQUIREMENTS ON PAGE 16 -AYES ' NO VandorName. Weck laboratories, Inc RMOOCtA#=UW LA8WA'MpY ANALY" nw si:icuR ATEs,suRFace WAT--P,=L.POFM GAs, LFACHAMAND c6WMATE Kit 12 I 1caldjmk greementslWeck Labs Professional Services AgreementPS I I doc PS 1 1 (6/27118) EXHIBIT "C" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways. (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State (b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees CHECK ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance elfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code § 186 1) I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct Week Laboratories, Inc -YV By Marilyn Romero, Customer Service Manager 13 I•Icaldjm\AgreementslWeck Labs Professional Services Agreement.PS I Ldoc Date- 7119/18