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HomeMy WebLinkAboutNinyo & Moore 2018-03-13COU No. 1718189 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES This Agreement, made and entered into this 13th day of March, 2018 ("Effective Date"), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and Ninyo & Moore, a corporation, organized and in good standing under the laws of the state of California, hereinafter referred to as "Consultant". RECITALS This Agreement is predicated on the following facts: a. City requires consulting services related to providing a Phase I Environmental Assessment for APN 184-080-27,28; 184-090-01,07; 184-100-04; 180-120-04-00; and 184-080-01-00. 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 2.1 As set forth in Attachment "A". 2.2. 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. 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 4 weeks 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 $7,500.00. Labor charges shall be based upon hourly billing rates for the various classifications of personnel employed by Std - ProfSs csAg1eenem- No ember 2t1. 200S PAGE 1 OF 7 COU No. 1718189 Consultant 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 Changes. 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 parties anticipated on the date they entered this Agreement. 4.3 Sub -contractor Payment. The use of sub -consultants or other services to perform a portion of the work of this Agreement shall be approved by City prior to commencement 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 Payment. 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, 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 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 OF CONSULTANT 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 under this Agreement, and the general public and all governmental agencies regulating 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 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. Std - ProtSs'csAgreement- November 20. 200K PAGE OF 7 COU No. 1718189 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 Liability. Without limiting Consultant's 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. 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. 1/87) 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 State of California and Employers Liability Insurance. 4. Errors and Omissions liability insurance appropriate to the consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability. B. Minimum Limits of Insurance Consultant shall maintain limits no Tess than: 1. General Liability: $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 per occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Sid Pro1S, csAbmxmeni- November 20. 2000 PAGE OF 7 COU No. 1718189 3. Worker's Compensation and Employers Liability: 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 liability: $1,000,000 per occurrence. C. Deductibles and Self -Insured Retentions 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 Liability and Automobile Liability Coverages 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 Consultants 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, officials, employees or volunteers shall be in excess of the Consultant's 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 Consultant's 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. Workers Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement. Std - ProtSvcsAgreement- November 20, 2008 PAGE 4 OF 7 COU No. 1718189 3. Professional Liability Coverage If written on a claims -made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend one year from date of final invoice. 4. All Coverages 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. Acceptability of Insurers Insurance is to be placed with admitted California insurers with an A.M. Best's 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 Coverage 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 Std ProfSt csAgrmnent. No, ember 20.2005 PAGE 5 OF 7 COU No. 1718189 misconduct or defects in design by the City, or arising from the active negligence of the City. "Indemnify," as used herein includes the expenses of defending against a claim and the payment of any settlement or judgment arising out of the claim. Defense costs include all costs associated with defending the claim, 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, agents, and subcontractors. 7.0 CONTRACT PROVISIONS 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 Governing 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 Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties. 7.4 Severability. 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 of both parties in writing. 7.6 Assignment. Consultant's services are considered unique and personal. Consultant shall not assign, transfer, or sub -contract its interest or obligation under all or any portion of this Agreement without City's prior written consent. 7.7 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. 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 breaching party fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or Std - ProfSvcsAgreemertt- November 20. 2008 PAGE 6OF7 COU No. 1718189 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 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 Consultant's breach of contract. 7.9 Execution of Agreement. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. Altematively, this Agreement may be executed and delivered by facsimile or other electronic transmission, and in more than one counterpart, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. When executed using either alternative, the executed agreement shall be deemed an original admissible as evidence in any administrative or judicial proceeding to prove the terms and content of this Agreement. 8.0 NOTICES Any notice given under this Agreement shall be in writing anddeemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follows: CITY OF UKIAH NINYO & MOORE DEPT. OF WATER RESOURCES ATTN: KRISTOPHER M. LARSON, PG, QSD/QSP 300 SEMINARY AVENUE 1956 WEBSTER STREET, SUITE 400 UKIAH, CALIFORNIA 95482-5400 OAKLAND, CALIFORNIA 94612 9.0 SIGNATURES IN WITNES WHEREOF, the parties have executed this Agreement the Effective Date: CONSU T • T jnyo & Moore BY: PRINT NAME: Kris M. Larson, P.G., QSD March 14, 2018 Date 33-0269828 IRS IDN Number CITY OF UKIAH BY: 5-- c. • ! I AG SA ' c{'• OMO Date CIT MAN �/ ER A EST 3--Z©- [ s CITY CLERK Date Std — PwfSccsAgeement- NOS ember 20. 2008 PAGE 7 OF 7 Statement of Qualifications ATTACHMENT A A BRIEF SUMMARY DESCRIBING EXPERIENCE IN THIS AREA Ninyo & Moore was established in San Diego, California, on September 1, 1986 and incorporated as an "S" Corporation in the State of California on March 3, 1987. A Minority-owned Business Enterprise (MBE), Ninyo & Moore has grown to one of the largest firms in the western United States specializing in Environmental Engineering, Materials Testing and Inspection, and Geotechnical Engineering services. An ENR Top 500 Engineering firm, our work is historically focused on the public sector, including many successful, ongoing on-call environmental and geotechnical engineering contracts for numerous cities and counties throughout California. Over our 31 -year history, we have grown to 17 offices located throughout the Western United States and a staff of approximately 430, the majority of which are based in California. We opened our Oakland office in 1998 followed by the opening of our Sacramento office in late 2009 and have provided on-call environmental services to many local agencies since then. Clients turn to Ninyo & Moore for innovative solutions to complex environmental challenges. As a leading environmental sciences and engineering consulting firm, we are fully committed to being responsive, cost-efficient, and thorough in meeting our clients' project needs and objectives. Our environmental division offers a wide range of services, including: Brownfields redevelopment; due diligence; CERCLA protection; Phase I Environmental Site Assessments (ESAs); soil, soil gas and groundwater assessments; underground storage tank (UST) removal/assessment and compliance; risk assessments; site remediation and closure; hazardous building materials surveys, abatement specifications and abatement oversight/monitoring; environmental compliance audits; expert witness testimony; landfill and burn dump compliance and assessment; pollution prevention and waste management; potentially Responsible Party evaluations; regulatory negotiations; and storm water sampling/analysis and SWPPP preparation and oversight. Ninyo & Moore's client base is primarily public -sector (comprising approximately 75 percent of our client base), and consists of city, county and state agencies. This is the strongest commonality existing within our client pool, and because of our heavy emphasis on public -sector work, we have developed many strong relationships with the public sector. To emphasize our strength in public -sector work within the project area, we currently hold or have held a number of contracts with several public agencies. Project descriptions of our work conducted in these areas is included in the Relevant Experience section of this proposal. Other public agencies that we've worked with through stand-alone and on-call environmental service contracts include: Cities of West Sacramento, Sacramento, Stockton, Vacaville, San Pablo, East Palo Alto, San Francisco, Emeryville; Counties of Alameda, Contra Costa and Yolo; State entities including Caltrans; Judicial Council of California, and California Department of General Services; and numerous others in these categories. We currently hold on-call, multi-year contracts with several of the preceding clients. We also have a strong foothold in the private sector throughout the state, especially in Northern California, where we have worked with several lenders and property owners on Phase I and Phase II ESAs since our first Northern California office opened in 1998, Ninyo & Moore's personnel are licensed in their specific disciplines and are fully committed to providing the necessary resources for successful completion of projects. Ninyo & Moore's geotechnical, environmental, and materials testing staff bring a wealth of experience and diversity to any project. We have Registered Engineers (PE, GE), Professional Geologists (PG, RG, CEG, CPG), Registered Hydrogeologists (HG), Certified Hazardous Materials Managers (CHMM), Certified Environmental Managers (CEM), Certified Industrial Hygienists (CIH), and personnel with other applicable registrations, licenses, and certifications. Many of our professionals hold advanced degrees, and are active in accrediting professional organizations. DESCRIPTRDN OF THE SERVICES PROVIDED Ninyo & Moore has a very good understanding of the scope of services presented in the RFP. We have a strong background in the services listed, and, as discussed above, have worked on numerous environmental projects which have had a similar scope of services. Below is a brief summary of our understanding and level of effort relating to the Phase I ESA. continued on next page Ninyo & Moore 1 City of Ukiah I Phase 1 Environmental - Multiple Properties RFP I P09-00627 I March 7, 2018 2 Statement of Qualifications INITIAL SITE ASSESSMENTS/PHASE I ESAs Our scope of services for the Phase I ESAs will be consistent with the ASTM International (ASTM) 2013 guidance (Designation Number E1527-13). The objective of the Phase I ESA will be to evaluate whether past or current activities have resulted in "recognized environmental conditions," as defined in ASTM E1527-13. A Phase I ESA is performed in accordance with the American Society for Testing and Materials (ASTM) Standards on Environmental Site Assessments for Commercial Real Estate E 1527-13, and the Environmental Protection Agency (EPA) proposed rule for All Appropriate Inquiry (AAI) standards as set forth in Title 40 of Code of Federal Regulations (CFR) Section 312.10. The objective of the due diligence Phase I ESA is to identify Recognized Environmental Conditions (RECs), which are defined by ASTM as "the presence or likely presence of any hazardous substance or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, groundwater, or surface water of the property." Ninyo & Moore may recommend a Phase II ESA if the results of the Phase I ESA indicate that potential RECs are discovered during our due diligence evaluation of the property. Alternatively, the City may request that certain Phase 11 ESA activities be conducted without a Phase I. In accordance with the RFP, Ninyo & Moore will conduct a Phase I ESA on each of the seven identified parcels: 184-080-27,28; 184-090-01,07; 184-100-04; 180-120-04-00; and 184-080-01-00. Ninyo & Moore's methodology for conducting a Phase I ESA on each parcel will include the following tasks at a minimum: Review ownership records for the site parcels, if provided by the client, to evaluate probable past site uses and the possible impact on the current environmental status of the site. [ 1 Review readily available maps and reports pertaining to the site, which are provided by the client. Our report will include a one to two paragraph summary of each relevant previous environmental report. i� Review municipal or county planning files relating to prior land use and permitting. E J Evaluate off-site risks to the subject property. Ci Conduct interviews with past and present owners, site managers, present tenants, neighbors, and property representatives (if readily available) regarding the environmental status of the site. El Perform a site reconnaissance to visually identify areas of possibly contaminated surficial soil or surface water, improperly stored hazardous materials, possible sources of polychlorinated biphenyls, and possible risks of contamination from activities at the site and adjacent properties. El Review available regulatory agency databases for the site and for properties located within a specified radius of the site. The purpose of this review is to evaluate the possible environmental impact to the site. Databases will identify locations of known hazardous waste sites, landfills, and leaking underground storage tanks, permitted facilities that utilize underground storage tanks, and facilities that use, store, or dispose of hazardous materials. ',y7 If the site and/or adjoining properties are identified on a government records search, a review of readily available state and local regulatory agency files for the site and adjoining properties will be conducted. Requests will be made to the Regional Water Quality Control Board (RWQCB), Department of Toxics and Substances Control (DTSC), County Department of Health Services, the local Air Pollution Control District, and the local Fire and Building Departments. The purpose of the file review is to evaluate if a REC, Historical REC, Controlled REC or de minimis condition exists on site. R] Review readily available historical documents, including aerial photographs (site and adjacent properties), Sanborn Insurance Maps (sites and available adjacent properties), Building Department Records (site only), current USGS maps (drainage patterns and topography), and reverse city directories (site and available adjacent properties), as appropriate. Prepare one separate Phase i ESA report for each of the seven parcels. The Phase I ESA repos will document findings and providing opinions and recommendations regarding possible environmental impacts at the site. Color photographs will be provided in the report. Two hard copies of the Phase I ESA report will be submitted for each parcel. In accordance with ASTM E1527-13, the following, which is not intended to be all inclusive, represents out -of -scope items with respect to standard items required by the ASTM: lead-based paint, lead in drinking water, regulatory compliance, cultural and historic risk, industrial hygiene, health and safety, ecological resources, endangered species, indoor air quality, and high-voltage power lines. Ninyo & Moore can address these items in addition to the standard ASTM Phase I ESA work scope if required by the City. continued on next page Ninyo & Moore 1 City of Ukiah 1 Phase 1 Environmental - Multiple Properties RFP 1 P09-00627 1 March 7, 2018 3 Statement of Qualifications TOTAL NOT -TO -EXCEED COST Ninyo & Moore's total not -to -exceed cost for preparing two Phase I ESA reports for each of the seven subject properties in accordance with the work scope described herein is $7,500.00. LIST OF INFORMATION NEEDED TO PERFORM SUBJECT WORK The following information will be required for Ninyo & Moore to begin providing services for this project: El Site access agreement to submit to property owner; I Preliminary title report; 0 Any environmental documents related to the property in the City's possession; 0 List of property owners with contact information. PROPOSED SCHEDULE Ninyo & Moore can begin work on this project as soon as the contract is awarded. Once work begins, the anticipated work schedule would be 3-4 weeks. Ninyo & Moore 1 City of Ukiah 1 Phase 1 Environmental — Multiple Properties RFP 1 P09-00627 1 March 7, 2018 4 Statement of Qualifications CURRENT SCHEDULE OF RATES ATTACHMENT B Schedule of Fees Hourly Charges for Personnel Principal Engineer/Geologist/Environmental Scientist Certified Industrial Hygienist Senior Engineer/Geologist/Environmental Scientist Senior Project Engineer/Geologist/Environmental Scientist Certified Asbestos Consultant, Lead Inspector/Assessor, Lead Project Monitor Project Engineer/Geologist/Environmental Scientist Senior Staff Engineer/Geologist/Environmental Scientist Staff Engineer/Geologist/Environmental Scientist Certified Site Surveillance Technician, Lead Sampling Technician GIS Analyst Field Operations Manager Supervisory Technician Nondestructive Examination Technician, UT, MT, LP Senior Field/Laboratory Technician Field/Laboratory Technician ACI Concrete Technician Concrete/Asphalt Batch Plant Inspector Special Inspector (Concrete, Masonry, Steel, Welding, and Fireproofing) Technical Illustrator/CAD Operator Geotechnical/Environmental/Laboratory Assistant Information Specialist Data Processing, Technical Editing, or Reproduction Other Charges Concrete Coring Equipment (includes one technician) X -Ray Fluorescence PID/FID Usage Anchor load test equipment (includes technician) Hand Auger Equipment Inclinometer Usage Vapor Emission Kits Level D Personal Protective Equipment (per person per day) Rebar Locator (Pachometer) Nuclear Density Gauge Usage Field Vehicle Usage Direct Project Expenses Laboratory testing, geophysical equipment, and other special equipment provided upon request. $ 168 $ 168 $ 164 $ 160 $ 160 $ 156 $ 141 $ 128 $ 128 $ 114 $ 104 $ 95 $ 95 $ 87 $ 87 $ 87 $ 87 $ 87 $ 86 $ 73 $ 73 $ 64 $ 180/hr $ 300/day $ 140/day $ 97/hr $ 65/day $ 40/hr $ 40/kit $ 30/p/d $ 30/hr $ 15/hr $ 12/hr Cost plus 15 % Ninyo & Moore 1 City of Ukiah 1 Phase 1 Environmental — Multiple Properties RFP 1 P09-00627 1 March 7, 2018 5 COU 41718189-A1 CITY OF UKIAH AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN NINYO & MOORE and THE CITY OF UKIAH This Amendment No. 1, entered on March 19, 2018 revises the Agreement for Professional services dated March 13, 2018 between the City of Ukiah and Ninyo & Moore for professional consulting services relating to providing a Phase 1 assessment. This Amendment No. 1 changes the following: 1. Add APN 184-080-11 to the list of properties to be reviewed for Phase 1 Environmental Assessment, which changes the total amount of properties from seven (7) to eight (8). 2. Reduce the amount of reports to be written from seven (7) to four (4), based on the revised APNs and configuration as shown in Exhibit A. 3. Reduce the guaranteed maximum dollar amount by $1,500.00, resulting in a revised not to exceed guaranteed maximum contract dollar amount of $6,000.00. Except as expressly amended by this Amendment, all other terms remain unchanged and in full force and effect. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AMENDMENT ON THE EFFECTIVE DATE: NINYO & MOO E 7(('1 BY: DATE: 1� PRINT NAME:P �" ' S ,J � P. 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