HomeMy WebLinkAboutContracts & Agreements_99A-2019PJ' 1 1 (1 24 19)
AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of construction quality assurance services and
groundwater testing related to a monitoring well at 1205 West Redlands Boulevard ("Agreement'')
is made and entered in this 29th day of May, 2019 ( `Effective Date"), by and between the City of
Redlands, a municipal corporation ("City)" and Geo -Logic Associates, 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
I1
ARTICLE 1 — ENGAGEMENT OF CONSULTAN r
City hereby engages Consultant to provide construction quality assurance services and
groundwater testing related to a monitoring well at 1205 West Redlands Boulevard services
for City (the "Services")
1 2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill 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
2 1 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
2 2 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
AR f1CLE 3 — RESPONSIBILITIES Of CITY
3 I City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services
3 2 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
4 1 Consultant shall perforin and complete the Services in a prompt and diligent manner
Consultant shall complete the Services by June 30, 2019, unless the Services are terminated
earliei as provided for herein
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4 2 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 foi the same It shall be the obligation of Consultant to obtain a
copy of such policy from City staff
AR 1 ICLE 5 — PAYMENTS TO CONSULTANT
5 1 Total compensation for Consultant's performance of the Services shall be in a not to exceed
amount of fourteen thousand five hundred eighty four dollars ($14,584) City shall pay
Consultant on a time and materials basis up to the not to exceed amount in accordance with
Exhibit "C" entitled ("Fee Schedule") attached hereto and incorporated herein by
reference
5 2 Consultant shall submit monthly invoices to City describing the Services performed during
the preceding month Consultant's invoices shall include a brief description ofthe Services
performed, the dates the Services were performed, the number of hours spent and by whom,
and a description of reimbursable expenses related to the Services 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 (i) on the date
of delivery in person, (ii) five (5) days after deposit in first .,lass 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
City
City Clerk
City of Redlands
35 Cajon Street
P 0 Box 3005 (mailing)
Redlands, CA 92373
Consultant
Michael D Reason, Principal Geologist
Geo -Logic Associates, Inc
2777 E Guasti Road, Suite 1
Ontario, CA 91761
mdreason@geo-logic com
909-626-2282
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
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A Workers' Compensation and EmpIoyer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Consultant is self-insured or exempt from the workers' compensation laws of
the State of California Consultant shall execute and provide City with Exhibit "D"
entitled "Workers' Compensation Insurance Certification," which is attached hereto
and incorporated herein by this reference prior to performance of the Services
13 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 limits of One Million Dollars
($1,000,000) pei 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
D Consultant is expressly prohibited from assigning or subcontracting any of the Services
without the prior written consent of City In the event of mutual agreement by the
Parties to assign or subcontract a portion of the Services, Consultant shall add such
assignee or subcontractor as an additional insured to the insurance policies required
hereby and provide City with the insurance endorsements prior to any Services being
performed by the assignee or subcontractor
6 2 Consultant shall defend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and al] 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
7 I Consultant covenants and represents that it does riot 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
7 2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant.
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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 party, 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
13 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.
73 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
8 1 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
8 2 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
8 3 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor 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
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8 4 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 (I) 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 ofa
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
8 5 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
8 6 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
8 7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California
8 8 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 01 sections contained
herein, unless to do so would deprive a Party ofa material benefit of its bargain under this
Agreement
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L 1caldimlAgrecmentslCeo Logic Phase 111 "resting Professional Services.PS 1 1 5.28 19 dacx�n
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IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed
in confirmation of this Agreement.
Assistant City Manager
Attest
e Donaldson, City Clerk
GEO-LOGIC ASSOCIATES, INC.
Y
Michael D Reason, Principal Geologist
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EXHIBIT "A"
SCOPE OF SERVICES
Scope of work includes the oversight of the excavation of one soil boring sampling and
testing of well B-4 and existing well B-3 GLA assumes that access to the proposed testing
locations will be granted and that site conditions will allow for the performance of the
proposed field activities Project tasks are detailed below
TASK 1 PROJECT WORK
Upon receipt of a notice to proceed, GLA will update the site-specific Health and Safety
Plan (HASP) that evaluates hazards that may be encountered while performing field
activities, and the course of action that will be taken if an injury is sustained Prior to the
City's contractor conducting drilling, GLA will obtain a well permit from the County of San
Bernardino Department of Environmental Health Services and contact Underground
Service Alert of Southern California (DigAlert) so that utility locations can be marked at
the site GLA will perform a site visit prior to contacting DigAlert so that borehole location
can be clearly marked prior to utility locating During the field investigation, GLA field
personnel will monitor the drilling program for general compliance with the approved
scope of work, work plan, and the HASP
OVERSIGHT OF DRILLING
GLA will observe the excavation of one soil boring at the approximate location shown on
Figure 1 as performed by City contractor A GLA field geologist/engineer will maintain
detailed logs of lithologic materials encountered during drilling and supervise all field
activities After completion of all field activities, GLA will ensure that locations where
sampling activities occurred are restored as close as possible to their original condition
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Figure 1 Tentative Boring Location Map
Investigation Derived Waste Disposal
Based on the analytical results from soil samples analyzed during the 2017 site
assessment, GLA assumes that soil cuttings and groundwater generated during drilling
may be contaminated with petroleum hydrocarbons Therefore, GLA will ensure all soil,
decontamination rinse water, and purge water derived from well B-4 will be containerized
in California Department of Transportation (Caltrans) -approved, 55 -gallon steel drums
and labelled accordingly based on the results of analytical testing Labels will comply with
all regulatory guidelines for such Upon completion of drilling by the City's Contractor,
GLA will verify all drums will be removed and transported to a licensed facility for proper
disposal For budgeting purposes, it is assumed that 12 drums of contaminated soil and
3 drums of decontamination water will be transported to and disposed of at a licensed
facility GLA intends to contract the services of HazMat Trans Inc of San Bernardino,
California to complete the IDW classification, hauling, and disposal
Groundwater Sampling
Within one week of development of the well by City's Contractor, the newly installed well
B-4 will be sampled in conjunction with well B-3 Groundwater levels will be gauged using
an electronic water level sounder to within 0 01 -foot accuracy After gauging, the wells
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will be purged using dedicated, disposable, polyethylene hand bailers A minimum of
three casing volumes will be bailed from the wells to ensure that representative samples
of formation groundwater are obtained If the wells are purged dry, they will be sampled
when the well has recharged sufficiently for sample collection During purging,
groundwater field parameters including dissolved oxygen (DO), oxidation-reduction
potential (ORP), electrical conductivity (EC), pH, and temperature will be measured using
a YSI 556 MPS meter, or equivalent device To minimize volatilization and ensure sample
integrity, a polyethylene bottom -emptying device will be used to transfer the groundwater
sample from the bailer to the appropriate containers Samples collected for VOC analysis
will be transferred from bailers into laboratory -prepared 40 -milliliter (mL) glass sample
bottles that contain a laboratory -approved preservative The bottled groundwater samples
will be labeled and preserved on ice in an insulated cooler for delivery to the subcontract
laboratory Groundwater samples will be analyzed for VOCs, including BTEX and
oxygenates, using EPA Method 82606, for TPH as gasoline and as diesel/motor oil using
EPA Method 8015B, and for lead using EPA Method 200 8 Groundwater samples will be
accompanied by full chain -of custody documentation at all times
TASK 2 — REPORTING
Upon completion of the well installation, development, and receipt of analytical data, GLA
will prepare an installation report for well B-4 and will include discussions of work
performed and the groundwater analytical results for B-3 and B-4 The conclusions and
recommendations section will include a comparison of analytical data and the level of
groundwater impacts, if any, between the two wells The report will be prepared under the
direct supervision of a California -licensed geologist that has experience as an
environmental professional with specific experience in fuel -based contamination and
remediation Report preparation will follow the general guidelines provided in ASTM
E1903-11, and will include a certification statement indicating such
GLA will prepare a draft well installation report for submittal to the City for a brief review
and comment period After the City has reviewed the document, GLA will respond to City
comments and questions, and promptly finalize the report Upon finalization, GLA will
submit the final draft of the report Only one City review and comment period has been
assumed for this scope of work
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EXHIBIT r?BU
PROJECT SCHEDULE
GLA is prepared to initiate work on this project immediately upon notice to proceed
Permitting will require about two weeks Oversight of the well drilling, well installation, and
well development will require approximately 3 days Sampling will require about one-half
day, and laboratory testing will require about two weeks (assuming normal laboratory
turn -around times for the samples). The draft report will be submitted to the City within
three weeks of groundwater sample collection
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EXHIBIT "C"
Fee Schedule
Title
Rate
Prin Pro 1
$242/hr
Staff Pro III
$126/hr
CADD Manager I
$100/hr
Tech IV
$136/hr
GW Sampling Fquipment
$15/hr
Vehicle
$14/hr
Survey/
$3583 flat
Lab Analyst2
$668 flat
Disposal of IDW3
$3,080
Notes
(1) Survey cost for as -built location
(2) Costs based on BCL laboratory rates for 2 sets of VOC, TPH g, o,&d, and Lead analyses
(3) Disposal based on KVAC pricing
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EXHIBIT "D"
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 bang 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 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 §1861)
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 1 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
GEO-LOGIC ASSOCIATES, INC
B
Y
Michael Reason, Principal Geologist
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L•lealdjmlAgreements\Geo Logic Phase 111 Testing Professional Services PS 1 1 5.28 19 docx•jn
Date /11? 2./J '1,p) 9
r
oM1V
Rt/sIDS "ACnYTHAr'WoRxs"
Sole Source/ Single Source/ Standardization Form
For procurement of supplies, equipment and services valued at $5,000 and over
NOTE Every question must be answered with appropriate documentation
attached; incomplete forms will be immediately rejected by Purchasing.
Date 5/23/19
TO. Purchasing Division
FROM. Quality of Life Department
Purchase Requisition # 78502
Estimated Total Cost: $ 14,854 00
Proposed Vendor: Geologic
Request Term: nia
This form must accompany the purchase document whenever an exception to the competitive
process is requested. Requests for goods and/or services from a specific vendor or limited to a
specific brand, where substitutes to the recommended vendor or brand are unacceptable, must
be accompanied by a written justification explaining the circumstances that make alternatives
unacceptable
The City Manager will determine whether the justification is appropriate Requests for
exception must be supported by factual statements that will pass an audit
EXCEPTION TO BIDDING AND DISCLOSURE STATEMENT 2 Page
INSTRUCTIONS
1 Please check all applicable categories (a through 1) below and provide additional
information where indicated
a The requested product is an integral repau part or accessory compatible with existing
equipment
•
Existing Equipment
Manufacturer/Model Number
Age
Current Estimated Value
b The requested product has unique design/performance specifications or quality
requirements that are not available in comparable products
c I have standardized the requested product and the use of another brand/model would
require considerable time and funding to evaluate
d The requested product is one in which I (and/or my staff) have specialized trainmg
and/or extensive expertise Retraining would incur substantial cost m time and/or
funding
e The requested product is used or demonstration equipment available at a lower -than -
new cost
Repair/Maintenance service is available only from manufacturer or designated service
representative
g Upgrade to or enhancement of existing software is available only from manufacturer
h Service proposed by vendoi is unique, therefore, competitive bids are not available or
applicable
1 Othei factors (provide detailed explanation m #2 below)
2 Provide a detailed explanation and pertment documentation for each category checked in
item 1 above Attach additional sheets if necessary
Geologic performed the Phase 11 testing, and were involved with the discussions with the
Water Board on what further testing is required They have unique knowledge of the
case that would take extra time and extra cost to provide to another company
Rev 1 31 19
EXCEPTION TO BIDDING AND DISCLOSURE STATEMENT 3 Page
3 Was an evaluation of other equipment, products, or services performed?
Yes • No
If yes, please explain the type of evaluation performed and provide all supporting
documentation
4. List below the name of each individual who was involved in the evaluation, if conducted, and
in making the recommendation to procure this product or service Attach additional
information, if necessary
5 Explain what action(s) the department would take of the sole/single source services were no
longer available
We would have to find another qualified company to conduct the testing
6. I certify that the above information is accurate to the best of my knowledge, and a signed copy of this
document will be kept on file and available for audit in my department
Tf ICIa Swope Daitelt
2019.052309x115:38-0700 5123119
Prepared by Date
epartment Director Date
/?
Purchasing Approvals
63/M
Purchasmg Agent Approval Date
Rev 1 31 19
(twit }�(litttivN 6-17-t1
ager Approval Date
Requesting
Prepared
Authorized
Person
Delivery
W9
Dept QUALITY OF LIFE
Purchase Requisition # 78502
by Tricia Swope Date 5/23/2019
Suggested
Address
Phone #
Email
Vendor
2777 E Guasti Rd, St
Geologic
by ‘--------P-7--_ Date 0�.7,/,q
1, Ontario, CA 91761
to contact if ions arise Tricia Swope Ext 47010'/
909 626-2282 Fax #
address Dept
mdreason@geo-Ioaic.com
X On file Attached
For use by Purchasing
Purchasing Agent/
City Manager Approval
Department only.
Insurance
X On file Attached NA
Business
License On file Attached NA
Annual
Account
PO Term X NA
P0#
Date
Number 406130 725
ITEM DESCRIPTION
QTY
UNIT PRICE
TOTAL
1
Construction Quality Assurance Services
1
$ 14,584.00
$14,584 00
2
and groundwater testing related to a monitoring well at 1205 W Redlands Blvd
3
4
5
6
7
8
Additional Instructions/Com
Estimated
Estimated Shipping
Estimated
in Book
Tax
Total $ 14,584 00
NOTE PLEASE PROVIDE ALL QUOTES YOU MAY HAVE
White Copy-Purchasing Yellow Copy Remains