HomeMy WebLinkAboutContracts & Agreements_49-2025AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of design engineering support and construction support
for the California Street Landfill ("Agreement") is made and entered in this 1" day of April,
2025 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City")
and GeoLogic Associates, Inc., a California Corporation ("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 and engineering support and
construction support for 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 the 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 Consultant shall perform and complete the Services in a prompt and diligent manner in
accordance with the schedule set forth in Exhibit "A," titled "Scope of Services," which
is attached hereto and incorporated herein by reference.
Consultant shall complete the Services 11 months from the start date, unless the Services
are terminated earlier 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 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 the Consultant's performance of the Services shall not exceed the
amount of One Hundred Ninety -Eight Thousand Nine Hundred Thirty -Six Dollars
($198,936). 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 Parry 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
CONSULTANT:
John M. Hower, PG, CEG
GeoLogic Associates, Inc.
2777 East Guasti Road
Ontario, CA 91761
jmhower@geo-logic.com
jdonaldson@cityofredlands.org Phone: (858) 864-2584
Phone: (909) 798-7531
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
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shall include a provision prohibiting cancellation or modification of the policy except
upon thirty (30) days prior written notice to City.
A. Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Consultant is 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.
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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.
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
malting 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.
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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
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.
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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.
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLANDS
By.
Mario Saucedo, Mayor
ATTEST:
e Donaldson, City Clerk
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GeoLogic Associates, Inc.
By: apl':347 O Ule' 1
J�hn M. Hower, PG, CEG
EXHIBIT "A"
SCOPE OF SERVICES
1. PROJECT MANAGEMENT
• Consultant will conduct internal and external meetings to coordinate successful completion of the
project.
• Internal kick-off meeting to circulate project instructions to the engineering team and
to ensure the staff working on the project has a full understanding of the goals and
objectives.
• Project hand-off meeting from the City to consultant
• Develop project design and construction schedule(s) and provide updated schedules during the
course of the project.
• Project process is tracked on a weekly basis.
• Develop, revise, and maintain the design and draft construction schedules, and keep
track of the overall project progress.
• Total duration of the project will be 11 months.
• Deliverables: Consultant will develop a project schedule upon notice -to -proceed that will describe
the tasks and durations of project elements from notice -to -proceed through completion of
construction. This schedule will be maintained and updated throughout the project and will be
provided to the City on a monthly basis with invoices from the Consultant.
2. PHASE 5 DESIGN DRAWINGS
• Task 2.1: Preparation of Design Drawings. Consultant's plans and design details will be prepared
using the computer aided design and drafting (CADD) system to enable them to modify the
drawings quickly based on comments from the City and regulatory agencies regarding changes in
the design. Consultant utilizes AutoCAD Civil 3D software version 2018 or later for all drawings
work and quantity calculations. Drawings will follow a typical tenant and will consist of
approximately 15 sheets, including, but not limited to, the following:
• Project Title Sheet
• Existing Site Conditions/ Facility Layout
• Excavation Plans
• Stockpiling Plan
• Subgrade Grading Plan
• Synthetic Liner System Layout
• Leachate Collection System Layout
• Operations Layer Grading
• Stormwater Management Plan
• Cross Section
• Construction Details (approximately 5 sheets)
• The construction drawings will be prepared to a level that will allow contractors (familiar with the
installation of landfill liner systems) to prepare a complete accurate bid. The grading plan will
show the required out and fill sections along with horizontal and vertical survey control points as
required to construct the Phase 5 module. Prior to submitting the drawings to the City for review,
an internal peer review will be conducted to check for completeness and accuracy, as well as
technical issues.
• GLA will submit two (2) copies of the drawings to the City at the sixty (60) and ninety (90) percent
level for review and comments. The final drawings will be included as appendices to the Design
Report and will also be included in the bid documents. The final drawings will be sealed and
signed by a licensed Civil Engineer registered in the State of California. Consultant will provide
the final drawings in PDF format on a compact disc (CD) or thumb drive to the City.
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• Task 2.2: Preparation of Technical Specifications. Consultant will leverage design experience on
the previous Phase 2, Phase 3, and Phase 4 expansions when preparing the Phase 5 specifications.
Consultant will prepare Technical Specification for Phase 5 using specification templates
generated for the Phase 4 expansion along with lessons learned during the construction of Phase 4
and updates to required material testing, if any. Consultant anticipates using the same
specification format used for Phase 4. The Technical Specification will be prepared in accordance
with the Construction Specifications Institute (CSI) format and will include descriptions of the
project scope of work, construction quality control requirements, and required submittals.
• Consultant assumes there will be one round of comments to be addressed after the City review, and
one round of comments after Regional Water Control Board (RWQCB) review.
Task 2.3: Preparation of Construction Quality Assurance Plan. Consultant will develop a CQA
Plan to be included in the project documents. The CQA Plan will define the observation and
testing program so the RWQCB can agree that when completed, the project is properly inspected
and built according to the approved project Design Drawings and Technical Specifications and in
accordance with accepted industry practices. It will include testing, observation, and
documentation requirements for all earthen, geosynthetics, piping, and any other material
components of the expansion area composite liner systems that may be required.
• Task 2.4: Preparation of Design Report. Contained within the Joint Technical Document (JTD) are
the design approach, design criteria, and design calculation that were used for the Phase 1, 2, 3, 4
expansions. These will be applicable for Phase 5 and the consultant will address specific issues
that have changed or are different between the previous and current design phase. It is anticipated
that this will include the following:
• Leachate Conveyance Capacity Calculations
• Leachate Piping Strength and Capacity Calculations
• Liner Earthwork Calculations
• Liner/Refuse Stability Analysis
• Interim Grading and Surface Water Drainage
• Layout of Construction Staging Areas
• Prepare the Phase 5 Bid List
• All of the design calculations performed or verified as part of the Phase 5 design will be compiled
and/or summarized in a Design Report for submission to the RWQCB for approval.
3. PREPARE AN ENGINEER'S ESTIMATE
• Complete an estimate for the Phase 5 expansion construction costs considering the measurements
and payment section(s) of the Technical Specification and the quantities from the completed
design drawings for the Phase 5 Landfill expansion.
• Deliverables: A draft PDF version of the Engineer's Estimate will be included with the draft 100%
design drawings for review and comment by the City. City comments will be incorporated and
the final version will be included as an appendix to the Design Report.
4. BID ASSISTANCE
• Assist the City in the selection of a qualified contractor to complete the Phase 5 expansion work as
detailed in the completed design drawings and Technical Specifications.
• Deliverables: Consultant will provide an emailed Microsoft Word document version of meeting
minutes to the City for each meeting. The minutes will be provided in draft form for comment by
the attending members, update based on those comments, and issued as final. Additionally the
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Consultant will provide PDF versions of responses to bidder questions, addenda, and any other
documents required to adequately assist the City in Contractor procurement.
5. ENGINEERING SERVICES DURING CONSTRUCTION
• Provide engineering services for the duration of the Phase 5 Landfill expansion including: attending
progress meetings as necessary (phone or in -person) and attending a final job walk; reviewing
alternatives, change order requests, and Requests for Information (RFIs) from the contractor; and
review and comment on product manufacturer information and contractor submittals including
the as -built drawings. The Consultant will also work with the City's selected CQA firm to assist
in resolving construction related issues that may arise.
• Deliverables: Consultant will provide an emailed Microsoft Word document version of meeting
minutes to the City for each meeting attended by the Consultant either in person or on site. The
minutes will be provided in draft form for comment by the attending members, updated based on
those comments, and issued as final. Additionally the Consultant will provide PDF versions of
responses to RFI's, change requests, and any other documents required to adequately assist the
City during construction of Phase 5.
6. ASSIST THE CITY WITH THE PERMITTING/APPROVAL PROCESS FOR EXPANSION
• Assist City staff with the permitting aspects of the Phase 5 expansion including responding to
RWCQB and LEA questions/comments on the design drawings, Technical specifications, Design
Report, and Construction Quality Assurance Plan and attending any requested regulator meetings.
• Deliverables: Consultant will provide an emailed Microsoft Word document version of the meeting
minutes to the City for each meeting attended either in person or via phone, The minutes will be
provided in draft form for comment by the attending members, updated based on those
comments, and issued as final in PDF format.
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EXHIBIT " B "
PRICE & FEE SCHEDULE
Table A
Additional Services as noted on expenses and GLA Lab
Vehicle used for Field Services
$17.00/ Hour or $500.00/Week
Soil Sampling Equipment & Drilling Supplies
$7.00/Hour
Groundwater Sampling Equipment and Supplies
$17.00/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+ 15%
Outside Equipment (Drill Rig, Baekhoe, Monitoring Equipment, etc.)
Cost+ 15%
Category
Goo -Logic Associates Professional Billable Hourly Rate
Total
Cost
Principal
Pteressional
Principal
Imicssionall
Senior
Profsional
❑I
Project
Pmfessioaal
In
Staff
Professional
nt
staff
Rof sio�ml]
Ad n
GLA
Lab
ExpensBilling
Unit Rate
Dr.
$312
Hr.
$287
Hr,
$275
I-Ir.
$233
Hr.
$181
Hr.
$146
Hr.
$113
Cost
$10003%
L Project Mana ement
4
l6
40
PTotaIL&or
$505
$17345
2. Pre are Phase 5 Desi n Documents
16
40
80
120
200
40
16
1
$3 393
$116 48l
3. Pre are En ineer's Estimate
4
8
20
40
8
$594
$20,406
4. Bid Assistance
4
8
24
8
$360
$12,369
5. Engineering Services During
Construction
2
2
48
8
l6
$545
$18,727
6. Permitting Assistance
8
16
36
$13,212
$396
$13608
30
82
228
168
252
56
lfi
1
TOTAL
$9,360
$23534
$62700
$39144
$45612
$8,176
$1,808
$1,000
$193,142
$5,794
$198,936
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EXHLBIT " 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.
r YuFr'x nNFF.
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.
By: Lam/ Date: March 13, 2025
T n M. Hower, PG, CEG
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