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HomeMy WebLinkAboutLawrence & Associates 2013-06-25�� D lo aSl3 '� I , AGREEMENTFOR PROFESSIONAL CONSULTING SERVICES This Agreement, made and entered into thisZ"rJ_tkday of f�✓l� , 2013 ("Effective I 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. II 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. 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 1.0 DESCRIPTION OF PROJECT 1.1 The Project is described in detail in the attached Scope-of-Work (Attachment "A"). 2.0 SCOPE OF SERVICES I 2.1 As set forth in Attachment "A". 2.2. Additional Services. Additional services, if any, shall only proceed upon written I agreement between City and Consultant. The written Agreement shall be in the form of an Amendment to this Agreement. 3.0 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 $4,677. Labor charges shall be based upon hourly billing rates for the various classifications of personnel employed by 1W IhulMO\vu�am+n-\mni0.a 1 _ . I I'\(IP I OI'' , J _ _ __ _ _ _ , Consuftant to perform the Scope of Work as set forth in the attached Attachment B, which shall include all indirect costs and expenses of every kind or nature, except direct expenses. The direct expenses and the fees to be charged for same shall be as set forth in Attachment B. Consultant shall complete the Scope of Work for the not-to- exceed guaranteed maximum, even if actual time and expenses exceed that amount. 4.2 Chanqes. Should changes in compensation be required because of changes to the ; , Scope-of-Work of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to the Scope-of-Work" means different activities than those described in Attachment "A" and not additional time to complete those activities than the I parties anticipated on the date they entered this Agreement. I 4 3 Sub-contractor Pa ment. The use of sub-consultants or other services to erform a � v P I portion of the work of this Agreement shall be approved by City prior to commencement 'I of work. The cost of sub-consultants shall be included within guaranteed not-to-exceed amount set forth in Section 4.1. 4.4 Terms of Pavment. Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of the invoice less any amount already paid to Consultant, I which amounts shall be due and payable thirty (30) days after receipt by City. The invoices shall provide a description of each item of work performed, the time expended to perform each task, the fees charged for that task, and the direct expenses incurred I and billed for. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made and to support the expenses claimed. 5.0 ASSURANCES OFCONSULTANT 5.1 Independent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants, and employees) is not the City's agent, employee, or representative for any purpose. It is the express intention of the parties hereto that Consultant is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Consultant I under this Agreement, and the general public and all governmental agencies regulating i such activity shall be so informed. Those provisions of this Agreement that reserve ultimate authority in City have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer I and employee between Consultant and City. ' Consultant shall pay all estimated and actual federal and state income and self- employment taxes that are due the state and federal government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Consultant agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Consultant, including the legal costs associated with defending against any audit, claim, demand or law suit. sid ri„ix��z,w.�a�,.o�.�o.�mn���o.�nne r�or�ui - i _ _ — i � 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. �Nithout limiting ConsultanYs obligations arising under Paragraph 6.2 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. I A. Minimum Scope of Insurance I Coverage shall be at least as broad as: i 1. Insurance Services Office ("ISO) Commercial General Liability Coverage I 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. 1/87) covering Automobile Liability, Code 1 "any auto" or Code 8, 9 if no owned autos and endorsement CA 0025. j 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 consultant's I profession. Architects' and engineers' coverage is to be endorsed to include contractual liability. , B. Minimum Limits of Insurance Consultant shall maintain limits no less than: 1. General Liabilitv: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage including operations, 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 I per occurrence limit. 2. Automobile Liabilitv: $1,000,000 combined single limit per accident for bodily injury and property damage. r� r�,n,,�n�, ���.��i-.�»�mi,c�z�,.�win I� �rd�;ai., � ��. �I 3. Worker's Compensation and Employers LiabilitV: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. 4. Errors and Omissions liabilitv: $1,000,000 per occurrence. C. Deductibles and Self-Insured Retentions i Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liabilitv and Automobile Liabilitv Coveraqes a. The City, it officers, officials, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant for the full period of time allowed by law, surviving the termination of this Agreement. The coverage shall contain no special limitations on the scope-of-protection afforded to the City, its officers, officials, employees or volunteers. b. The ConsultanYs insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, oNicials, employees or volunteers shall be in excess of the ConsultanYs insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. The ConsultanYs insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employers Liabilitv Coverape The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from ConsultanYs perFormance of the work, pursuant to this Agreement. .w r„n��.,a�� ����v->���.nmcr��_,00n � vu.i�+ui � I _ _ _____._ ' � 3. Professional Liabilitv Coveraqe If written on a claims-made basis, the retroactivity date shall be the i effective date of this Agreement. 4. All Coveraqes II Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, ' , reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceptabilitv 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 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 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-consultants 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. �Ifl I'IV�I���r•\'_'I Itl�ltl-\��\l'llll�fC��I.:IIIIY I IS\OI �UP• ' , - J - i I � "Indemnify," as used herein includes the expenses of defending against a claim and the I� payment of any settlement or judgment arising out of the claim. Defense costs include all costs associated with defending the daim, including, but not limited to, the fees of attorneys, investigators, consultants, experts and expert witnesses, and litigation � expenses. References in this paragraph to City or Consultant, include their officers, employees, I agents, and subcontractors. 7 0 CONTRACT PROVISIONS I 7_1 Ownership of Work. All documents furnished to Consultant by City and all documents or reports and supportive data prepared by Consultant under this Agreement are owned and become the property of the City upon their creation and shall be given to City immediately upon demand and at the completion of Consultant's services at no additional cost to City. Deliverables are identified in the Scope-of-Work, Attachment "A". All documents produced by Consultant shall be furnished to City in digital format and hardcopy. Consultant shall produce the digital format, using software and media approved by City. 7.2 Governinp Law. Consultant shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. , 7.3 Entire Aqreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties. 7.4 Severabilitv. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 7.5 Modification. No modification of this Agreement is valid unless made with the agreement I of both parties in writing. 7.6 Assipnment. ConsultanYs services are considered unique and personal. Consultant � shall not assign, transfer, or sub-contract its interest or obligation under all or any poition of this Agreement without City's priar written consent. 7] Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement �, shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. I 7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the ime ecified in the notice the breaching party fails to cure the breach within the t sp contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Consultant. City shall pay the Consultant only for services �„� ��.,,�,.�,.��„�,��n<„�-�,,,<mn�,��� �„��, ��.�<;� �,<,� , I 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 Originals. 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 I UKIAH, CALIFORNIA 95482-5400 9.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date: CONSULTANT I BY: �t-�-c� 0` /9 ,�¢_a70/ .'S BONNIE LAMPLE Date 94-2661102 IRS IDN Number GTY OF UKIAH I !�� ' ' I BY: "�� c�� l -6/� J1���� ( "�� � ��T-�/�j � JANE CHAMBERS Da e � � CITY MANAGER 'l i ATTEST I , i ;1 , ' . ,s ib �., �i � � j.,: c Lc >� 4. � (��i> � vb'. KRISTINE LAWLER, CITY CLERK Date sin r�„iti...>..� �n.�n-���..�a,er�n.znox �. p��ui�;ui ' I _.__ . . — __ _ _ _ ___ _ . .. — _ —_ ._. .___ . �� /� JI Attachmenfi # � Ciry of Ukiah � June 74,1013 Proposu!jor 2073 Anttual Emissions Sampling Page I oJ3 Introduction As requested by Mr. Rick Seanor of the City of Ukiah, this proposal describes the scope of work and associated costs for conducting the annual emissions sampling of the perimeter gas- extraction system at the City of Ukiah Landfill (Landfill). In 1997, a perimeter gas-extraction system was installed at the Landfill to control the migration of landfill gases away from the landfill. The system consists of vertical extraction wells (between the landfill and the property line) connected to a header pipe. Landfill gas that has migrated out of the landfill is collected by the wells, and then conveyed in the header to the stack. The collected gas is discharged without treatment, because a screening-level health-risk assessment, conducted when the system was started, showed a less than 10-in-one-million excess cancer risk (the 10-in-one-million ]imit was established by Mendocino County Air Quality Management District [MCAQMD]). Monitoring since start up has shown similaz results each year. The system is operating under a "Permit to Operate" issued by the MCAQMD. Condition XIV.B.2. requires annual testing of stack gas for methane and the "specified air contaminants" of i the California Health and Safety Code, §41805.5, and reporting of the results to the MCAQMD 30 days before each permit renewal date (August 30 of each year). This condition requires sampling and analysis by EPA TO-14 methodology. TO-14 analysis, however, is not appropriate for methane and some of the specified air contaminants. The appropriate analytical methods aze described in the Scope of Work, below. Special Condition XN.B.3. states that if a health-risk assessment conducted by the MCAQMD shows a greater than 10-in-one-million excess cancer risk at the nearest receptor, the MCAQMD may require treatment of the effluent. A health-risk assessment conducted now or in the future would be based on the annual sampling conducted for Special Condition XN.B.2. � Scope of Work This scope of work addresses Special Condition XN.B.2 (the annual emissions sampling) in the Permit to Operate. For all analyses, the system effluent will be sampled via a tee fitting attached to the sampling I port on the stack, inside the blower building. All samples will be colleeted in duplicate. i The formaldehyde samples will be collected using vacuum pumps constructed of stainless steel, Teflon, Viton rubber, and borosilicate glass, and designed for gas monitoring. Samples for P03148.00 Task 71 Lawrenee & A.�anerates City ojUkrah June!4, 1073 Proposul jor 2013 Annual Eniissions Sampling Puge 1 af 3 II formaldehyde will be drawn through DNPH-coated silica-gel cartndges at about ] liter/minute I 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 eleaned at the laboratory. Before 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, Califomia. Air Toxics is a Califomia certified environmental laboratory. Fixed (natural) gases and total nonmethane hydrocarbons (nonmethane organic compounds, I ' NMOC) will be analyzed by ASTM Method D-1945. The specified air contaminants of the Califarnia Health and Safery Code. Part 4, Chapter 3, Article 2, Section 41805.5(i)(6) will be , analyzed by EPA Method TO-11 (for formaldehyde), EPA Method TO-14 (for halogenated hydrocarbons), and ASTM D-5504 (for hydrogen sulfide). Results will be presented in a written report containing field notes, laboratory sheets, tabulated summaries of the data, and a discussion of results. The results also will be used to evaluate compliance with Special Condition XIV.B.1, the emission limit for NMOC of 220 pounds/day. I The work does not include a health-risk assessment. If results from the proposed sanipling 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 I conduct a health-risk assessment unless specifically requested to by the MCAQMD. I I � P03748.00 Task 71 Lawrence&Assnciates . Ciry�of Ukruh J�ute 14, 2013 Proposalfin•2013 Ann�iu!En�is.siana�Snntp[ing Puge 3 oJ'3 Cost Estimate The estimated cost of work is not to exceed $4,677. This includes laboratoiy analysis. A detailed cost estimate is shown below. ANntiAL GAS-EXTRACTION SYSTEM SAMPLING-2013 Item Qty Unit �/Unit Subtotal LABOR Principal geologist,revicw report 0.5 Hr �145.00 $72.50 Staff geologist, prepare report 5 Hr $95.00 $475.00 EngineeringTechuician, 24 Hr $80.00 $1,920.00 order sampling supplies, prepare to sample, collect, package, and ship samples (requires G-8 hr for formaldel�yde) AutoCAD operator, prepare figures 1 Hr $75.00 �75.00 Cle�ical, edit and repiroduce report 1.5 Hr $60.00 �90.00 Subtoral S2,6 i2.,50 EXPENSES Report materials 3 Ea $20.00 S60.00 Equipment rental (pumps, manometer) ] LS �100.00 $100.00 Laborato�y (Air Toxics, Ltd.) Mod. TO-15 (vol. organics) 2 Ea S144.00 $288.00 Mod. TO-11 (forn�aldehyde) 3 Ea 5115.00 $345.00 Mod. ASTM D-7945 (natural gas) 2 Ea S172.50 $345.00 Mod. ASTM D-5504 (H?S) 2 Ea $I15.00 $230.00 Tedlar bags (l liter) 2 Ea S34.50 �69.00 Fomialdel�yde cartridges 3 Ea 529.00 587.00 (-liter SUMA canister 2 Ea �34.50 S69.00 Shipping (samples and reports) 1 LS $65.00 �65.00 Per Diem 1 Dy S 120.00 �120.00 Mileage 380 Mi $0.70 S26G.00 Subtotal $2,044.00 LABOR $2,632.50 EXPENSES $2,044.00 TOTAL � P03748.00 Tnsk 72 Lawrei�ce R .4ssncire(es Attachment # ,g �� 1 _:1�� R1 �;\CI: �� ��;� >ci ��i�i .� ENGINEERS 8 GEOLOGIS7S SCHEDULE OF FEES Professional Services Engineering GeologisUHydrogeologist Principal .................................................................................................... $145/hour Senior......................................................................................................... 5120/hour � Associate .................................................................................................... SI05/hour Staff............................................................................................................ S95/hour Assistant..................................................................................................... $90/hour Engineer Principal Engineer...................................................................................... $150/hour Senior Registered Civil............................................................................... $125/hour Ass'ociateCivil ........................................................................................... $IIS/hour AssistantCivil............................................................................................ S95/hour Engineerin�Technician.............................................................................. S80/hour ProjectManager......._................................................................ $130/hour . AutoCAD Operator(Level I) .......................................................................... $75/hour AutoCADOperator(Levelll) ....................................................................... $65/hour Field Technician ........................................................................ $80/hour Laborer.................................................................................... $60/hour I'�� Surveyor........................................................................................................... $75!hour Tank Fund Administrator................................................................................. $60/hour Clerical............................................................................................................. $60/hour WordProcessor................................................................................................ $60/hour Deposi[ion and Court Appearances M11inimum charge.............................................................................................. $I200 part or full day. DepositionRate .............................................................................................. $I80ihr Preparation at consul[ing-service ra[es............................................................ as listed above Drilling Services(CME-55 drilling rig) 7-5;8 and 9-5!8-inch OD aueers wi[h opera[or and helper............................... (See drilling Mobilization..................................................................................................... scheduleoffeesl O[hcr In-House F.quipment Test pumps(submersible,through 5 HP)......................................................... quo[ed/job Campbell 21 X data loggers w/transducers�water and gas)........._....._.......... quoted/job Conductivity,oxygen,Icmpera[urc and dissolved oxygen probes................... quoted/job Meteorological station(wind direction and velocity)...................................... quoted/job Gas-extraction and airvmoni[oring pumps ....................................................... quoted/job Mileage ......................................................_....................................._._........ $OJO , Mileageldrillingrig)....................................................................................... $I.00 , Per dicm(per person/day; may vary dep. upon location) ................................ $120-'day �i Level D protection(Per person/dayl................................................................ $30/daY � Level C protection (per person/dayl....................................._..........._............ $50/day. Survey equipment(per day)............................................................................. $50/day. �, GPS Survcy (Perday)..............................................._..........................._......_ $I50/day Expenses, Materials,Outside Services (AII direct-job related espenses reproduction, rental equipment, materials, subcontracted labor and equipment)........._..................................... a[cos[ + I S% 35901ron Court • Shasta Lake,Califomia 96019 • (530)275-4800 • fax(530)275-7970 • www.lwmc.com