HomeMy WebLinkAboutContracts & Agreements_74-2020PS- i.1 (12.3.19)
AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of construction quality assurance services and
groundwater testing to a monitoring well at 1205 West Redlands Boulevard ("Agreement") is
made and entered in this l Oth day of April, 2020 ("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:
ARTICLE I — ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide construction quality assurance services and
groundwater testing to a monitoring well at 1205 West Redlands Boulevard 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 Iike 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,"
titled "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.
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.
3.2 City designates Chris Boatman, Facilities and Community Services 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 perform and complete the Services in a prompt and diligent manner in
accordance with the schedule set forth in Exhibit "B," titled "Project Schedule," which is
attached hereto and incorporated herein by reference.
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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 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 Total compensation for Consultant's performance of the Services shall be in the amount of
twenty seven thousand one hundred twenty eight dollars ($27,128). City shall pay
Consultant on a time and materials basis up to the not to exceed amount in accordance with
Exhibit "C," titled "Fee Schedule" which is attached hereto and incorporated herein by
reference.
5.2 Consultant shall submit monthly invoices to City describing the Services perfonmed during
the preceding month. Consultant's invoices shall include a brief description of the 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 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:
city
City Clerk
City of Redlands
35 Cajon Street
P.O. Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.org
(909) 798-7531
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
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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 self -insured or exempt from the workers' compensation laws of
the State of California. Consultant shall execute and provide City with Exhibit "D,"
titled "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 limits 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.
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 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
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.
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7.2 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 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.
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
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 any 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
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whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind
City to any obligation.
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 (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 -rats 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 fxom the remainder of this Agreement and shall not affect,
impair or invalidate the remaining sentences, clauses, paragraphs or 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 GEO-LOGIC ASSOCIATES, INC.
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By: U�
Charles M. Duggan, Jr.,City Wanager
Attest:
sz—:V� 9��
J e Donaldson, City Clerk
By: t, �,
Michael D, Yteason, 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-a. 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 'I 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 t 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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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 third party
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 third party contractor, the newly
installed well B-5 will be sampled. Groundwater levels will be gauged using an electronic
water level sounder to within 0.01-foot accuracy. After gauging, the wells 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
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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'rriinimize 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 (mQ 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 82608, 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-5 and will include discussions of work
performed and the groundwater analytical results for B-5. 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 "B"
PROJECT SCHEDULE
GLA is prepared to initiatQ work on this project immediately upon notice to. proceed.
Permitting will require about two weeks. Oversight of the third parry's 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
Project Pro II
$163/hr
Staff Pro III
$126/hr
CADD Manager I
$100/hr
Tech IV
$136/hr
GW Sampling Equipment
$15/hr
Vehicle
$14/hr
Surve 1
$4,350 flat
Lab Analyst'
$4,350 flat
Disposal of IDW3
$3,950
Notes:
(1) Survey cost for as -built location
(2) Costs based on BCL laboratory rates for 2 sets of VOC, TPH-g, oAd, and Lead analyses for 20 soil
samples and 2 groundwater/liquid samples (for IDW disposal)
(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 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
1 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 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.
GEO-LOG1 ASSOCIATES, INC.
1� pi! -
By: Date: /l� L
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Michael D. Reason, Principal Geologist
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