Loading...
HomeMy WebLinkAboutContracts & Agreements_128-2018PS-1 1 (5/29/18) AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of design engineering support services for phase 4 of the California Street Landfill ("Agreement") is made and entered in this 27th day of June, 2018 ("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 1 — ENGAGEMENT OF CONSULTANT 1 1 City hereby engages Consultant to provide design engineering support services for Phase 4 of the California Street Landfill 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. 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, City's 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 I Consultant shall perform and complete the Services in a prompt and diligent manner Consultant shall complete the Services by June 27, 2019, unless the Services are terminated earlier as provided for herein. 1 I:\ca\djm\Agreements\Professional Services Agreement Geologic Landfill Phase 4.doc PS -I 1 (5/29/18) 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 hall not exceed the amount of thirty nine thousand four hundred eighty dollars ($39,480). City shall pay Consultant in accordance with Exhibit "B," entitled "Cost Summary," which is 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 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 0 Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands.org (909) 798-7531 Consultant Sean Flores, Project Engineer Geo-Logic Associates, Inc 143 E. Spring Hill Dr Grass Valley, CA 95945 sflores@geo-logic.com (530) 272-2448 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 2 I:\ca\djm\Agreements\Professional Services Agreement Geologic Landfill Phase 4.doc PS-1 1(5/29/18) 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 "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 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 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 th-is 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: A Does not make a governmental decision whether to (i) (ii) approve a rate, rule or regulation, or adopt or enforce a City law; issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; 3 1:\ca\djm\Agreements\Professional Services Agreement Geologic Landfill Phase 4.doc PS-1 1 (5/29/18) (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. 8.3 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. 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 4 1:\ca\djm\Agreements\Professional Services Agreement Geologic Landfill Phase 4.doc PS 1 1 (5/29/18) 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 matenals 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 penod of three (3) years, or for any longer penod required by law, from the date of fmal 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 pnor negotiations, wntten 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 wntmg, 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 junsdiction, 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 sections contained herein, unless to do so would depnve a Party of a matenal benefit of its bargain under this Agreement IN WITNESS WHEREOF, duly authonzed representatives of City and Consultant have signed in confirmation of this Agreement CITY OF REDLANDS N Ennqu 'artinez, City, ager Attest e Donaldson, City Clerk GEO-LOGIC ASSOCIATES, INC g /// ' ae / ��cys4 7 X(e iti% d2a r V 5 I•\ca\djm\Agreements\Professional Services Agreement Geologic Landfill Phase 4.doc PS-1 1 (5/29/18) EXHIBIT "A" SCOPE OF SERVICES City of Redlands is seeking a firm to deliver engineering support services to the City staff during our preparation of the CSL Phase 4 design package. The City anticipates that engineering support services will include preparing the Phase 4 Technical Specifications; preparing the Design Report including carrying out reviews of City prepared Phase 4 Construction Drawings, available site data, and/or preparing calculations in support thereof and developing a Construction Quality Assurance Plan. Additionally, the City would like engineering support services to include assistance in coordinating and working with the Regional Water Quality Control Board — Santa Ana Region (RWQCB) with respect to the CSL Phase 4 design on an :as -needed basis. The City believes that the above engineering support services will require the following: • Phase 4 Technical Specifications Preparation, including but not limited to o Division 1 General Requirement Specifications o Division 2 Site Work Specifications • Design Report Preparation, including completion of the following reviews/analyses o Review existing leachate collection and removal system (LCRS) capacity calculations and assumptions to verify they are still valid and appropriate and complete updates as necessary o Review existing leachate piping strength and capacity calculations and assumptions and confirm they are still appropriate and update as necessary o Review City liner earthwork calculations o Conduct liner/refuse stability analysis and prepare stability report for inclusion with Design Report o Review City surface water calculations and assumptions for the Landfill's Phase 4 expansion o Review interim grading and surface water drainage plans to assess if they are still valid, assist City with updates as necessary o Review project plans and specifications and develop a bid list for the City to use as a basis for the Engineer's Estimate, review Engineer's Estimate, and summarize in report • Construction Quality Assurance Plan Preparation (CQAP) including o Descriptions of testing and observation requirements o Explanation of communication and reporting/documentation requirements • Perform reviews of the City -prepared Construction Drawings as needed to complete documents associated with this RFP • Assist City Staff with responses to RWQCB questions/comments on the Design Drawings and directly respond to RWQCB questions/comments on the Technical Specifications, Design Report, and CQAP from the RWQCB 6 1,\ca\djm\Agreements\Professional Services Agreement Geologic Landfill Phase 4.doc PS-1 1 (5/29/18) EXHIBIT "B" Cost Summary Geo; Logic CALIFORNIA STREET LANDFILL DESIGN ENGINEERING ASSISTANCE FOR PHASE 4 COST SUMMARY ASK DESCRIPTION Cost TASK t TECHNICAL SPECIFICATIONS PREPARATION TASK 2 DESIGN REPORT PREPARATION TASK 3 CONSTRUCTION QUALITY ASSURANCE PLAN PREPART1ON TASK4 PERMITTING ASSISTANCE Total: $8.030 S24,160 55,850 S1,040 539 480 TASK 1 TECHNICAL SPECIFICATIONS PREPARATION Personnel Units No. of Units Rate per Unit Subtotal Cost Supers"mg Professional Senior Professional Project Professional II l Start Proressxlnat 11 Administrative Assnant I his 1v8 hrs hrs hrs 2 8 24 16 3 521000 Sr9600 $163 00 S115O6 S79 00 $420 $1.668 S3.912 S".840 5237 Total Personnel Costs : $71977 ESTIMATE OF EQUIPMENT AND DIRECT EXPENSES Description phonelPOstego4RoprooyC60n Iump sum S5D.00 $50 £qut-- ent and Direct Expenses Subtotal $50 ASili;TOTAtiCO.STS;`.:' ":' _ TASK 2 DESIGN REPORT PREPARATION Personnel Units No, of Units Rate per Unit Subtotal Cost uTiervismg Professonal enior Protessronal Pooled Protessronal II aft Protess.onal it dnelnstrative Assitani 1 hrs hrs hrs hrs hrs 16 16 54 80 2. $210.00 5196.03 S163.00 $115 00 $79.00 $3,360 $3-136 58802 $9 200 5'56 etnl Personnel Costs. w . 524,656 .. ESTIMATE OF EQUIPMENT AND DIRECT EXPENSES .. 'Description PooneiPostege±Reprodualian lump sum 5100.03 S10Q 1 t70. Equipment and DIrectt£xpenses Subtotal ASK'r2tSOTAE'.Cb$T'S.!',n;.:- :;.:..0 '. _ .:..'1, .::,. _ -: _ -.. ....-. - _ w ASK.3 CONSTRUCTION QUALITY ASSURANCE PLAN PREPARTIQN POISOI 4el _ Units No. of Units Rate . or unit Subtotal Cost upervlsit9 Proles90 al et1104 Prz}fess'onai Prolaol PrPression3111 tall Prof0Ss'Onal n emm8trative Assuan: i 'tits :us 'Ifs tits nrs 1 4 16 le 2 1ft.I' 5190.06 5163.00 5115.00 579,00 '' 10 3784 $2.808 51,840 5158 Personnel Cost6 55,600 °tat STIMATE OE.EQUIPMENI AND DIRECT EXPENSES u escrIptiOn ', Phone/Postage/Reproduction lump sum 1 550.00 550 Equipment and Direct Expenses Subtotal ASbG;USbXALCOSi83`; `. 6�$50 ASK 4 PERMITTING ASSISTANCE Personnel Units No. of Units Rate per Unit Subtotal Cost entorProfessi6nal prolecl Professional II hrs '1rs 2 4 S198.00 S163.00 5392 S652 Total Personnel Costs $1044 ESTIMATE OF EQUI -MENT AND DIRECT EXPENSES Desorption Task 4 Equipment end Direct Expenses Total $0 ASIKTOT(QCOSTS"; %;. , .. .. <... .. .. ..... :.:... 7 C\ca\djm\Agreements\Professional Services Agreement Geologic Landfill Phase 4.doc PS-1 1 (5/29/18) 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 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-Logic Associates, Inc. Date: 6/Z7/(e B 8 I:\ca\djm\Agreements\Professional Services Agreement Geologic Landfill Phase 4.doc