HomeMy WebLinkAboutAgree-GeoLogic AssociatesAGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for construction quality assurance services for the California Street Landfill
Gas Extraction Wells Installation Phase 2 & 3 ("Agreement") is made and entered in this 5th day
of September 2023 ("Effective Date"), by and between the City of Redlands, a municipal
corporation ("City") and Geo-Logic Associates, Inc, a ("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:
1.1
ARTICLE 1— ENGAGEMENT OF CONSULTANT
City hereby engages Consultant to provide construction quality assurance services for the
California Street Landfill Gas Extraction Wells Installation Phase 2 & 3 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,"
titled "Scope of Services," which is attached hereto and incorporated herein by this
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, any applicable State
prevailing wage laws.
ARTICLE 3 — RESPONSIBILITIES OF CITY
3.1 City designates Tabitha Crocker, 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 The term of this Agreement shall be for a period of one hundred twenty (120) days
commencing as of the effective Date, unless terminated earlier as provided herein.
4.2 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to 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.
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ARTICLE 5 — PAYMENTS TO CONSULTANT
5.1 Total compensation for the Consultant's performance of the Services shall not exceed the
amount of One Hundred Ninety -Four Thousand One Hundred Thirty -Eight Dollars and
Sixteen Cents. ($194,138.16). City shall pay Consultant on a time and materials basis up
to the not to exceed amount in accordance with Exhibit "B," titled "Fee Schedule" 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 or electronic mail transmission (including PDF), 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
Phone: (909) 798-7531
CONSULTANT:
David Harich, Principal In Charge
Geo-Logic Associates, Inc.
2777 East Guasti Road, Suite 1
Ontario, CA 91761
dharich@geo-logic.com
Phone: 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.
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
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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,"
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. Consultant shall secure and maintain professional liability insurance throughout the
term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim
made.
D. 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.
E. 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 and appointed
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, result 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-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, without regard to its conflicts of laws provisions. The Parties agree that
all actions or proceedings arising in connection with this Agreement shall be tried and
litigated only in the state courts located in San Bernardino County, California, and the
federal courts located in Riverside County, 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 or sections contained
herein, unless to do so would deprive a Party of a material benefit of its bargain under this
Agreement.
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IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have
signed in confirmation of this Agreement.
CITY OF
By:
Eddie Tejeda, Mayor
ATTEST:
e Donaldson, City Clerk
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GEO-LOGIC ASSOCIATES, INC.
<Ii
By: 04 A -
hn Hower, Senior Vice President
EXHIBIT "A"
SCOPE OF SERVICES
Consultant Construction Quality Assurance (CQA) services during the California Street Landfill
Gas Extraction Wells Installation Phase 2 & 3 will include monitoring through observation,
regulatory compliance, and documentation along with technical specifications, construction
drawings, and the following provisions:
• Survey, Layout and protection of Existing Facilities
• Landfill Gas Well Drilling
• Single, Landfill Gas Extraction Wellhead Installation and Baclll
• Landfill Gas Extraction Wellhead Installation and Connection to Lateral
• Drill/Abandon Unusable Well Borings
• Provide and Install LFG Well Lateral Pipe, with Supports and Guides
• Provide and Install Fittings, Valves, and Other Appurtenances
• Provide and Install 4-inch Fittings, Valves, and Other Appurtenances
• Provide and Install Soil Ramps and Road Crossings
• Traffic Control
• Construction and Site Management
The following tasks provide a description of how Construction Quality Assurance will be
completed.
Project Management
Consultant will assign technical professionals experienced with landfill Gas Collection and
Control System (GCCS) construction to monitor gas well construction and piping installation as
required by the project. Consultant will coordinate construction oversight with the City's Solid
Waste Manager, third party design engineer and will coordinate and attend weekly construction
meetings. Consultant will assign a project manager/certifying engineer that will assist the City
with submittal and RFI review and prepare and certify the Final CQA Report for agency
submittal. The Project Manager will provide daily CQA reports in the field that will be organized
and presented to the City during weekly construction meetings and made available to the
agencies as required for the duration of the project. All management and administrative hours for
the project are included in this task and provided in the Fee Schedule.
CQA Field Services
Consultant will provide an experienced full time professional CQA technician for the duration of
the project. The technician will observe and monitor the Phase 2 & 3 construction in accordance
with the project plans, specifications, and special provisions. Consultant will monitor project
layout, drilling, record drilling using well logs or similar, well construction, and waste disposal.
If the construction contractor schedules additional construction activities, Consultant will assign
a part time CQA monitor to provide observation for those activities, e.g., landfill gas
header/lateral conveyance piping installation, pipe anchoring, trenching and backfilling, well
head installation, and connection to the existing GCCS. Consultant technicians will monitor
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additional construction activity not mentioned above including lateral/header road crossing
construction, compliance with traffic control, receipt/storage and conformance of job materials
and general jobsite management.
Final Construction Documentation Report
Consultant will compile and prepare a Final C,QA Report using daily and weekly construction
activity logs and observation activities, submittals, job site photos, weekly meeting minutes, and
project as built for submittal to the City within 30 days of completion. Consultant will respond to
one round of City comments and submit the Final CQA Report to the Santa Ana Regional Water
Quality Control Board (RWQCB). The Final CQA report will include a Certification Page
sealed by a professional Civil Engineer verifying that the project was constructed in
conformance with the Construction Drawings, Specifications, and Special Provisions or
approved changes and meets the requirements for GCCS expansion as intended.
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EXHIBIT "B"
FEE SCHEDULE
PROFESSIONAL STAFF
Staff Professional I $128.00/Hour
Staff Professional II 142.00/Hour
Staff Professional III ..156.00/Hour
Project Professional I .170.00/Hour
Project Professional II 185.00/Hour
Project Professional III 200.00/Hour
Senior Professional I 215.00/Hour
Senior Professional II ..230.00/Hour
Senior Professional III .245 .00/Hour
Principal Professional I 260.00/Hour
Principal Professional II 274.00/Hour
Principal Professional III 289.00/Hour
Court Appearance (Expert Witness, Deposition, etc.; four-hour minimum) 2 x Hourly Rate
FIEL/LABORATORY STAFF
Technician I 95.00/Hour
Technician II 108.00/Hour
Technician III (or Minimum Prevailing Wage) 122.00/Hour
Technician IV ..135.00/Hour
Laboratory Manager .169.00/Hour
Principal Technician ..170.00/Hour
CADD/GIS
CADD/GIS/Database Manager I 108.00/Hour
CADD/GIS/Database Manager II 128.00/Hour
CADD Designer 142.00/Hour
GIS Specialist .142.00/Hour
SUPPORT STAFF
Administrative Assistant I 108.00/Hour
Administrative Assistant II 125.00/Hour
Administrative Assistant III 122.00/Hour
Technical Editor 101.00/Hour
Senior Technical Editor 142.00/Hour
*Overtime Premium is 35% of PERSONNEL CHARGE
EQUIPMENT CHARGES
BAT Permeameter 200.00/Day
Compaction Testing Equipment & Supplies ... 50.00/Day
Peel & Shear Strength Apparatus (FML Seams) ..900.00/Month
Portable Laboratory (8' x 32' trailer) with equipment 1,200.00/Month
Portable Laboratory (mobilization/demobilization) 1,500.00
ReMi/Refraction Seismograph 600.00/Day
Sealed Single Ring Infiltrometer (SSRI) 200.00/Day. or 750.00/Month
Sealed Double Ring Infiltrometer (SDRI) ..Call for Quote
Slope Inclinometer .250.00/Day
Unmanned Aerial Vehicle (Drone) Reconnaissance 130.00/Day
EXPENSES
Vehicle Use for Field Services 15.00/Hour or 350.00/week
Soil Sampling Equipment & Drilling Supplies 5.00/Hour
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Groundwater Sampling Equipment and Supplies 15.00/Hour
Per Diem Lesser of (Cost + 15%) or (Local Government Rate)
Outside Services (Consultants, Surveys, Chemical lab Tests, etc.) Cost + 15%
Reimbursables (Maps, Photos, Permits, Expendable Supplies, etc.) ....Cost
TESTING TEST METHOD UNIT RATE
Moisture Content, gravimetric D2216/D4643 .$25/Test
Moisture Content (volumetric and gravimetric) and Bulky Density D7263 $40/Test
Porosity $250/Test
Particle Size Analysis
Standard Sieves and Hydrometer D422 $230/Test
Particle Size Analysis — Dry Sieve D421 $105/Test
Particle Size Analysis — Aggregate, no hydrometer D422/C136/CT202 $180/Test
Particle Size Analysis with Gravel with hydrometer D422 $250/Test
Percent Passing #200 Sieve D1140/C117 $90/Test
Atterberg Limits
Liquid Limit, Plastic Limit, Plasticity Index (LL, PL, and PI)....D4318 $190/Test
Liquid Limit D4318 $105/Test
Plastic Limit D4318/CTM 204 . $105/Test
Specific Gravity, Fine (<4.75mm diameter materials) D854 $110/Test
Specific Gravity, Coarse (>4.75mm diameter materials) C127 .$130/Test
Proctor Compaction Test
Method A or B (<25% retained on a 3/8"sieve) D698/D1557 $225/Test
Method C (>25% retained on a 3/8"sieve) D698/D1557 $265/Test
Moisture Density Single Point, std/mod (proctor check point)... D698/D1557 ...$90/Test
Moisture Density Curve .CTM 216 .$225/Test
Percent Organic Matter by Muffle Furnace D2974 $105/Test
Hydraulic Conductivity, Fixed Wall, up to 6" Diameter Ce11 Modified $315/Test
Flexible Wall Method, 1" to 4" Diameter Sample D5084 $370/Test
Consolidation Test (single point) D2435 $105/Test
Consolidation Test (without rate data) D2435 $190/Test
Test rate data per load increment D2435 .$70/Test-Load
Expansion Index of Soils D4829 $180/Test
Expansion Indext Test w/Cement of Lime treated soils D4829 $220/Test
Unconfined Compressive Strength (UC), 2-3" D2166 $110/Test
Unconsol.-Undrained Triax. Compression (UU), 2-3", 1-pt test D2850 $215/Test
Consolidated Undrained Triax. Compressions (CU), 2-3" (per point)......D4767 .$500/Point
Consolidated Drained Triax. Compressions (CD), 2-3" (per point) D7181 $745/Point
Direct Shear Test (saturated) D3080 $90/Point
Direct Shear Test (saturated, recycled — strain rate 0.0042"/min) .D3080 $155/Point
Direct Shear Test (consolidated drained) D3080 $205/Point
Direct Shear Test (consolidated drained, residual) D3080 $315/Point
Direct Shear Test (at natural moisture) D3080 $80/Point
R-Value . D2844/CTM301 .$265/Test
Sand Content . D2419/CMT217 $100/Test
Durability Index (coarse) D3744/CMT229 $200/Test
Durability Index (fine) D3744/CMT229 .$160/Test
R-Value (lime- or cement -treated soild) D2844/CTM301 .$315/Test
Compressive Strength, Soil -Cement D1633/D1632 $205/Point
Pocket Penetrometer $20/Test
pH of Soil $25/Test
Chloride Content (subcontracted) CTM422 $65/Test
Sulfate Content (subcontracted) CTM417 $65/Test
Soil Resistivity (subcontracted) .G57/CTM643 $125/Test
Corrosion Series (Min. resistivity, pH, SO4, CI; subcontracted) $205/Test
Special sample preparation and laboratory testing not listed above will be charged at applicable personnel rates.
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All laboratory test rates are for standard turn -around time and normal reporting procedures. Rush orders will be subject
to a 25 percent premium. Manpower requirements or test protocol may preclude the granting of a rush request.
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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
9mys/ I am aware of the provisions of Section 3700 of the Labor Code which requires every
ployer 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.
By: 9kti 4- 71- Date: August 25, 2023
J,ghn Hower, Senior Vice President
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