HomeMy WebLinkAboutLawrence & Associates 2012-08-16� AGREEMENTFOR I
I PROFESSIONAL CONSULTING SERVICES
I
This Agreement, made and entered into this ��itk day of ��, 2012 (°Effective ��
Date"), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and
Lawrence & Associates, a corporation organized and in good standing under the laws of the
state of California, hereinafter referred to as "ConsultanY'.
RECITALS
This Agreement is predicated on the following facts:
a. City requires consulting services related to annual sampling of the gas-extraction system
at the City of Ukiah Landfill. '
b. Consultant represents that it has the qualifications, skills, experience and properly
licensed to provide these services, and is willing to provide them according to the terms
of this Agreement. I
c. City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto
as Attachment "A", describing contract provisions for the project and setting forth the
completion dates for the various services to be provided pursuant to this Agreement.
TERMS OF AGREEMENT I
1.0 DESCRIPTION OF PROJECT i
1.1 The Project is described in detail in the attached Scope-of-Work (Attachment "A").
2.0 SCOPE OF SERVICES
2.1 As set forth in Attachment "A".
22. Additional Services. Additional services, if any, shall only proceed upon written
agreement between City and Consultant. The written Agreement shall be in the form of
an Amendment to this Agreement.
3A CONDUCT OF WORK
�
, 3.1 Time of Completion. Consultant shall commence performance of services as required
by the Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete
such services within 60 days from receipt of the Notice to Proceed. Consultant shall
complete the work to the City's reasonable satisfaction, even if contract disputes arise or
Consultant contends it is entitled to further compensation.
4.0 COMPENSATION FOR SERVICES
4.1 Basis for Compensation. For the performance of the professional services of this
Agreement, Consultant shall be compensated on a time and expense basis not to
exceed a guaranteed maximum dollar amount of $4,517. Labor charges shall be based
upon hourly billing rates for the various classifications of personnel employed by
� sa r��it„�.n�«�m���-.o,����i,�rsu.�noa
� rn<a'i ui •
.
� Consultant warrants and represents that it is a properly licensed professional or �
professional organization with a substantial investment in its business and that it
maintains its own offices and staff which it will use in performing under this Agreement.
5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely
to City. Consultant has no interest and will not acquire any direct or indirect interest that
would conflict with its performance of the Agreement. Consultant shall not in the
performance of this Agreement employ a person having such an interest. If the City
Manager determines that the Consultant has a disclosure obligation under the City's
, local conflict of interest code, the Consultant shall file the required disclosure form with
the City Clerk within 10 days of being notified of the City Manager's determination.
6.0 INDEMNIFICATION
6.1 Insurance Liabilitv. Without limiting ConsultanYs obligations arising under Paragraph 6.2 I
Consultant shall not begin work under this Agreement until it procures and maintains for
the full period of time allowed by law, surviving the termination of this Agreement
insurance against claims for injuries to persons or damages to property, which may arise
from or in connection with its performance under this Agreement.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office ("ISO) Commercial General Liability Coverage
Form No. CG 20 10 10 01 and Commercial General Liability Coverage —
Completed Operations Form No. CG 20 37 10 01.
2. ISO Form No. CA 0001 (Ed. 1l87) covering Automobile Liability, Code 1
"any auto" or Code 8, 9 if no owned autos and endorsement CA 0025.
3. Worker's Compensation Insurance as required by the Labor Code of the I
State of California and Employers Liability Insurance. I
4. Errors and Omissions liability insurance appropriate to the consultanYs �
profession. Architects' and engineers' coverage is to be endorsed to
include contractual liability.
I
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than: I
1. General Liability: $1,000,000 combined single limit per occurrence for li
bodily injury, personal injury and property damage including operations, i
products and completed operations. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, the
general aggregate limit shall apply separately to the work performed
under this Agreement, or the aggregate limit shall be twice the prescribed
per occurrence limit.
2. Automobile LiabilitV: $1,000,000 combined single limit per accident for
bodily injury and property damage.
s�a e«ma.acrce��rn�-��,.,��i.,_a ron,.
n�ce�oi— � _
i . .__ _ __ - _ - __ _ — _—_ _ __ _�
ili ver e
3. Professional Liab tv Co aca II
, If written on a claims-made basis, the retroactivity date shall be the
effective date of this Agreement.
4. All Coveraqes
Each Insurance policy required by this clause shall be endorsed to state I
that coverage shall not be suspended, voided, canceled by either party, I
reduced in coverage or in limits except after thirty (30) days prior written I
notice by certified mail, retum receipt requested, has been given to the II
City.
E. Acceptability of Insurers I
Insurance is to be placed with admitted California insurers with an A.M. BesYs
rating of no less than A- for financial strength, AA for long-term credit rating and
AMB-1 for short-term credit rating.
F. Verification of Coveraqe
Consultant shall furnish the City with Certificates of Insurance and with original
Endorsements effecting coverage required by this Agreement. The Certificates
and Endorsements for each insurance policy are to be signed by a person I
authorized by that insurer to bind coverage on its behalf. The Certificates and
Endorsements are to be on forms provided or approved by the City. Where by
statute, the City's Workers' Compensation - related forms cannot be used,
equivalent forms approved by the Insurance Commissioner are to be substituted.
All Certificates and Endorsements are to be received and approved by the City
before Consultant begins the work of this Agreement. The City reserves the right
to require complete, certified copies of all required insurance policies, at any '
time. If Consultant fails to provide the coverages required herein, the City shall '
have the right, but not the obligation, to purchase any or all of them. In that
event, the cost of insurance becomes part of the compensation due the
contractor after notice to Consultant that City has paid the premium.
G. Subcontractors
I
Consultant shall include all subcontractors or sub-consultants as insured under �
its policies or shall furnish separate certificates and endorsements for each sub-
contractor or sub-consultant. All coverage for sub-contractors or sub-consuttants
� shall be subject to all insurance requirements set forth in this Paragraph 6.1.
6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition ,
', thereto, Consultant agrees, for the full period of time allowed by law, surviving the
termination of this Agreement, to indemnify the City for any claim, cost or liability that
arises out of, or pertains to, or relates to any negligent act or omission or the willful ,
misconduct of Consultant in the performance of services under this contract by
Consultant, but this indemnity does not apply to liability for damages for death or bodily
injury to persons, injury to property, or other loss, arising from the sole negligence, willful '
misconduct or defects in design by the City, or arising from the active negligence of the
City.
Sd. P�alSroAu¢rmcm-\ocember'_0._^f10R
, PAGESOI'
performed and expenses incurred as of the effective termination date. In such event, as
a condition to payment, Consultant shall provide to City all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs and reports
prepared by the Consultant under this Agreement. Consultant shall be entitled to
receive just and equitable compensation for any work satisfactorily completed
hereunder, subject to off-set for any direct or consequential damages City may incur as
a result of ConsultanYs breach of contract.
7.9 Duplicate Oriqinals. This Agreement may be executed in duplicate originals, each
bearing the original signature of the parties. When so signed, each such document shall
be admissible in administrative or judicial proceedings as proof of the terms of the
Agreement between the parties.
8.0 NOTICES
Any notice given under this Agreement shall be in writing and deemed given when
, personally delivered or deposited in the mail (certified or registered) addressed to the
parties as follows:
CITY OF UKIAH LAWRENCE & ASSOCIATES �
, DEPT. OF PUBLIC WORKS 3590 IRON COURT
300 SEMINARY AVENUE SHASTA LAKE, CA 96019
UKIAH, CALIFORNIA 95482-5400
9.0 SIGNATURES i
IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date:
CONSULTANT
� � i
BY: �n�,.�c� �icy���.�/ D� - 3/-i� ,
BONNIE LAMPL Y �/ Date
94-2661102
IRS IDN Number
CITY OF UKIAH
BY: `�-� .,,� .. `�� j ��� i i a �
ANE C MBERS Date
CITY MANAGER
I
ATTEST -
� � --�
� � �—'� '� h ,/ L / �
�i-� /
L f�1pA BR' WN, 61TY CLERK Date
' � �,
sia-r,,.�..�,n�..�„�.�m-co,omce�_o..uos
rnce-ur-
i ___ �
I
Attachment #
�,� „
i
1 .:\\\ 1�I .\;(�i .
�� �»� >�.i ��i�i�:� �
ENGINEERS 8 GEOIOGISIS
P03148.00,Task 1 1 '
July 25, 2012
Mc Rick Seanor
Deputy Director of Public Works
� City oC Ukiah
300 Seminary Avenue
Ukiah, CA 95482-5400
Dear Rick:
SUBJECT: PROPOSAL FOR 2012 ANNUAL SAMPLWG OF GAS-
EXTRACTION SYSTGM AT CITY OF UKIAH LANDFILL
As re uested, our ro osal and cost estimate for conductin the annual emissions
9 P P g
, sampling of the perimeter gas-extraction system at the Ukiah Landfill is attached.
Also enclosed are two signed copies (undafed) of the City's Standard Professional �I
Services Agreement and a copy of our current Worker's Compensation Certificate with ��
Subrogation Endorsement.
Please call me at (530) 275-4800 if you have questions regarding this proposal and cost
estimate. Thank you for the opportuniry to provide a proposal for this work.
Sincerely,
,(�!t/1Z�GC� � �I
Bonnie�. Lampley �!
President
. enc. Proposal and Cost Estimate
' Schedule of Fees
Worker's Compensation Certificate with Subrogation Endorsement
3590 Imn Court • Shasta Lake,Californla 9fi019 • (530)275-4800 • fax(530)275-7970 • wwwJwmc.com
Cit�'njUkrnh Jul�'25. 2012
Proposn[fnr 2012 Aunurr!F_missions Samplinn, Page?nj3
formaldehydc will be drawn through DNPt I-coated silica-gel cartridges at about I liter/minutc
for 6-8 hours. A field blank will be analyzed for formaldehyde. The field blank will consist of a
cartridge that remains in its culture tube next to the pumps during the duration of sampling.
Hydrogen sulfide will be collected in a tedlar bag, volatile organic compounds and fixed gases
will be collected in 6-liter SUMMA canisters cleaned at thc laboratory. I3efore sampling, the
canisters can hold a vacuum of up to -28 inches of inercury. The high vacuum allows sample(s)
to be drawn into a canister, without the use of a pump, when the stainless-steel bellows valve on
the canister is opened.
All samples will be shipped overnight to Air Toxics, Ltd., Folsom, California. Air Toxics is a
California certitied environmental laboratory.
Fixed (natural) gases and total nonmethane hydrocarbons (nonmethane organic compounds.
NMOC) will be analyzed by ASTM Method D-1945. The specified air contaminants ofthe
Cadifornia Health and Safety Code, Part d, Chapter 3, drticle 2, Sectron d180.i.5(r)(6) will bc
analyzed by GPA Method TO-11 (for formaldehyde), GPA Method TO-14 (for halogenated
hydrocarbons), and ASTM D-5504 (for hydrogen sulfide).
Results will be presented in a written report containing fiield notes, laboratory sheels, labulated
summaries of the data, and a discussion of results. 'I hc res�dts also will be used to evaluate
compliance with Special Condition XIV.E3.1, the emission limit for NMOC of 220 pounds/day.
The work does not include a health-risk assessment. If results from the proposed sampling are
similar to previous results (for which a health-risk assessment was conducted), presumably the
excess cancer risk of 10-in-one million would not be exceeded. The City does not need to
conduct a health-risk assessment unless specifically requested io by the MCAQMD.
P0.3/48.00 Tusk /I Lnwrence&Assaciates
—
' � �
� Attachment # "� ��
---��
`_:�_'� : �;. �::��. :��� I
c� .�,;�� >c i �,��ri �
ENGINEERS d GEOLOGISTS
2012 SCHEDULE OF FEES
PROFESSIONAG SERVICES
Engineering Geologist/Hydrogeologist
Principal..................................................................................................... $140/hour
Senior......................................................................................................... $115/hour '
Associate.................................................................................................... $100/hour �
Staff............................................................................................................ $90/hour '
Assistant..................................................................................................... $85/hour
Engineer
PrincipalEngineer...................................................................................... $140/hour
Senior Registered Civil............................................................................... $120/hour I�
AssociateCivil........................................................................................... $110/hour
Assis[ant Civi]............................................................................................ $90/hour
Engineering Technician.............................................................................. $75/6our
Au[oCAD Operator(Level I) .......................................................................... $70/hour
AutoCAD Opera[or(Level II) ....................................................................... $60/hour I
FieldTechnician ............................................................................................. $70�our I
Laborer............................................................................................................. $60/hour
Surveyor........................................................................................................... $70/hour
Tank Fund Administrator................................................................................. $55/hour
Clerical............................................................................................................. $55/hour
WordProcessor................................................................................................ $55/hour
DEPOSITION AND COURT APPEARANCES
Minimum chazge.............................................................................................. $1200 part or full day
DepositionRate............................................................................................... $180/hr
Prepara[ion at consulting-service rates............................................................ as listed above
DRII.LItiG SERVICES(CME-55 DRILLING RIG)
7-5/8 and 9-5/8-inch OD augers with operator aud helper............................... (See drilling
Mobilizatio¢..................................................................................................... schedule of fees)
OTHER IN-AOUSE EQUIPMENT
Test pumps(submersible,tluough 5 HP)......................................................... quoted/job
Campbell 21X data loggers w/Vansducers(water and gas)............................ quoted/job
Conductivity,oxygen,temperature and dissolved oxygen probes................... quoted/job
Meteorological station(wind direction and velocity)...................................... quoted/job
Gas-extraction and air-monitoring pumps....................................................... quoted/job
Mileage .......................................................................................................... $0.70
Mileage(drilling rig) ....................................................................................... $1.00
Per diem(per person/day;may vary dep.upon location) ................................ $120+/day
L,evel D protection(per personlday)................................................................ $30/day
I,evel C pro[ec[ion(per person/day)................................................................ $50/day
Survey equipment(per day)............................................................................. $SO/day
GPS Survey(per day)...................................................................................... $150/day I,
EXPENSES�MATERIALS�OUTSIDE SERVICES �I
(All direcbjob related expenses:reproduction,rental equipment, �,
materials,subcontracted labor and equipment).........................._.................... at cost+ 15% '
3590 Iron Coun • Shasta Lake,California 96079 . (530�275-0800 • lax(530)275-7970 • www.lwrnc.com
I
J
I
�'��� a,� ,�����
�
,=
,
,= ,
� '
�
September 11, 2012 I
Ms. Bonnie Lampley I�
Lawrence & Associates
3590 IRON COURT
SHASTA LAKE, CA 96019-9132 I
RE: Annual Sampling of Gas Extraction System I
I
Dear Ms. Lampley: '
Enclosed please find a fully executed original Agreement for Professional Services for the
annual sampting and reporting of the gas extraction system at the Ukiah landfill.
A purchase order for this work will be sent under separate cover.
I
Thank you for your assistance with this project. Do not hesitate to contact me at �'
(707) 463-6296 if you have further questions. I
I
Sincerely,
� I
Richard J. Seanor
Deputy Director of Public Works
enc.
�
cc: Linda Brown, City Clerk w/original agreement ��
file
300 SEMINARY AVENUE UKIAH, CA 95482-5400 I
Phone#7071463-6200 Fax# 707/463-6204 Web Address www.cityofukiah.com