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Home My WebLink AboutLACO Associates 2021-06-07COU No. 2021203 1 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES This Agreement, made and entered into this 7th day of June, 2021 (“Effective Date”), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and LACO Associates, 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 soil management, geotechnical and materials testing and inspection services for the Electric Service Center Site Improvement Project. 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. 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 lump sum basis not to exceed a guaranteed maximum dollar amount of $41,500. Labor charges shall be based upon hourly billing rates for the various classifications of personnel employed by Consultant to perform the Scope of Work as set forth in the attached Attachment “A”, which shall include all indirect costs and expenses of every kind or nature, except direct expenses. COU No. 2021203 2 The direct expenses and the fees to be charged for same shall be as set forth in Attachment “A”. 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. COU No. 2021203 3 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 less 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. COU No. 2021203 4 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 Consultant's 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.Worker's 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. COU No. 2021203 5 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 approved invoice for this project. 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 misconduct or defects in design by the City, or arising from the active negligence of the City. COU No. 2021203 6 “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 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 COU No. 2021203 7 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. Alternatively, 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 and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follows: CITY OF UKIAH LACO ASSOCIATES CINDY SAUERS MR. RODNEY WILBURN 300 SEMINARY AVENUE 776 S STATE ST, SUITE 102A UKIAH, CA 95482-5400 UKIAH, CALIFORNIA 95482 9.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date: CONSULTANT BY: __________________________ ____________________ RODNEY WILBURN Date __________________ IRS IDN Number CITY OF UKIAH BY: ____________________ SAGE SANGIACOMO CITY MANAGER Date ATTEST ____________________ KRISTINE LAWLER CITY CLERK Date July 12, 2021 94-2278932 103 Aug 19, 2021 Kristine Lawler (Aug 19, 2021 13:47 PDT) Kristine Lawler Aug 19, 2021 21 W. Fourth Street Eureka, CA 95501 707 443-5054 – Fax 707 443-0553 776 S. State Street, Suite 103 Ukiah, CA 95482 707 462-0222 – Fax 707 462-0223 3490 Regional Parkway, Suite A Santa Rosa, CA 95403 707 525-1222 – Fax 707 545-7821 932 B W. Eighth Avenue Chico, CA 95926 530 801-6170 – Fax 707 462-0223 Toll Free 800 515-5054 lacoassociates.com April 9, 2021 6883.45 City of Ukiah Electric Utility Department C/O L.S. Mitchell Architect, Inc. 135 West Gobbi Suite 203 Ukiah, California 95482 Attention: Ms. Cindy Sauers and Mr. Lawrence Mitchell Subject: Proposal for Soil Management, Geotechnical and Materials Testing and Inspection Services Ukiah Electric Utility Field Operations Center 1350 Hasting Road, Ukiah, California 95482 Dear Ms. Sauers and Mr. Mitchell: LACO Associates (LACO) is pleased to provide this proposal to the City of Ukiah (Client) to provide soil management, geotechnical, and materials testing and inspection services for the proposed grading operations planned for the new Ukiah Electric Utility Field Operations Center located at 1350 Hastings Road in Ukiah, California (hereafter referred to as “Site”). In preparing this proposal, we have reviewed our reports and the Plans prepared by L.S. Mitchell Architect, Inc., dated June 14, 2019. PROJECT DESCRIPTION The Site is a 2.8-acre, relatively flat, rectangular shaped parcel that is developed with an L-shaped building, gravel parking area and two gravel driveways. This scope for this phase of development includes grading in the vicinity of existing buildings, conduit work, drainage improvements, a new concrete-sidewalk, and an asphalt-paved commercial driveway and parking lot. We understand that no retaining walls are planned for this phase of the project. Included with the improvement will be installation of a gate and a fence along the Site perimeter. Based on the provided Plans and information provided by the Client, we anticipated that approximately 1,000-cubic yards of soil will be exported from the Site to achieve the desired grades to another City of Ukiah property during grading operations. Based on our previous explorations and evaluations performed at the Site, it is known that contaminated soils are present, and that soil management will be necessary for any soil exported from the Site. SCOPE OF SERVICES LACO will provide services on a time-and-materials basis. Accordingly, based on our review of project documents and experience with similar projects, we recommend a budget of $41,500 be established for our services on this project, as summarized in the table below. Our scope and fee are based on an approximately 5-week construction schedule. ATTACHMENT A Proposal Ukiah Electric Utility Field Operations Center 1350 Hastings Road, Ukiah, California City of Ukiah; LACO Project No. 6883.45 April 9, 2021 Page 2 PHASE DESCRIPTION ESTIMATED FEE 100 Project Management $2,300 200 Soil Management Contingency Plan $3,750 300 Berm Profiling $4,600 400 Stockpile Profiling $3,350 500 Plan Review Letter(s) $2,000 500 Updated Geotechnical Soils Report $2,500 600 Materials Testing and Inspection Services $23,000 Total Estimated Fee: $41,500 Phase 100: Project Management LACO will provide project management, invoice and budget reviews, and coordination of field work. Phase 200: Soil Management Contingency Plan LACO prepared a Phase I Environmental Site Assessment (ESA) of the Site on November 4, 2014. Results of the Phase I ESA identified potential recognized environmental conditions (RECs) at the Site. A Phase II ESA was prepared on November 26, 2014, and a supplemental Phase II ESA was prepared on January 28, 2015, to evaluate the presence or absence of REC findings. Results from the Phase II ESAs showed the presence of total petroleum hydrocarbons (TPH) as motor oil, TPH as diesel, the pesticide dichlorodiphenyldichloroethylene (4,4’-DDE), lead, arsenic, naphthalene, and polyaromatic hydrocarbons (PAHs) in shallow soils at the Site. The Phase II ESA also confirmed the following RECs for the Site based on the analytical results: •The former open liquid waste pond; •The former and current orchards due to the presence of the pesticide 4,4’-DDE in soil; •Hydraulic hoist in Unit A2; •Storage of drums and hazardous material storage in Unit A2; •Former storage of chemicals, paints, and equipment in Units B and C; •The former vehicle maintenance shop; •The potential storage and use of paints and solvents associated with the former Cabinet Shop in Unit A4; and •The Former paint booth in Unit A3. LACO will prepare a soil management contingency plan (SMCP) to inform contractor operations during grading and subgrade preparation. The intent of the Soil Management Plan is to provide general guidance to workers regarding impacted soils at the Site, the hazards associated with the impacts, appropriate methods of minimizing personal exposure to impacts, and guide disposal activities. PHASE 200 UNIT RATE EST. FEE Soil Management Contingency Plan 1 $3,750 $3,750 Total Estimated Fee for Phase 200: $3,750 Deliverable: One electronic pdf copy of a SMCP report signed by a qualified environmental professional. Proposal Ukiah Electric Utility Field Operations Center 1350 Hastings Road, Ukiah, California City of Ukiah; LACO Project No. 6883.45 April 9, 2021 Page 3 Phase 300: Berm Sampling The Client has requested sampling of the existing berm, estimated to contain 1,000 cubic yards of soil and located along the eastern portion of the Site, for characterization prior to implementation of grading work. We understand that this material is planned to be exported from the Site and used at another City of Ukiah property. To identify the presence or absence of impacts, soil samples will be collected based on the RECs identified and constituents detected in the Phase II ESA reports. The number of samples collected will follow the soil compositing schedule presented in Recology’s Sampling Requirement and Acceptance Criteria dated June 2016 (Criteria). Therefore, LACO has budgeted to collect up to four, four-to-one (4:1) composite soil samples from the berm via hand auger. The samples will be stored individually in an ice-filled cooler pending transportation to a state-certified analytical facility to undergo compositing and analysis of the following: TPH as diesel TPH motor oil by EPA Method 8015, TPH as gasoline by EPA Method 8015, volatile organic compounds (VOCs) by EPA Method 8260, semi-volatile organic compounds (SVOCs) by EPA Method 8270 and leaking underground fuel tank (LUFT) five metals by EPA Method 6010. The samples will be analyzed on a standard (1 week) turnaround basis. Following receipt of analytical reports, LACO will review the results to determine if constituents are below Class III landfill waste accepting criteria. If so, they may be stored and used at another City of Ukiah facility depending on site use. If the results are above Class III landfill waste accepting criteria, additional analyses may be needed to determine the appropriate facility. Based on the Criteria, the soil samples would be analyzed for the following: •PCBs by EPA Method 8082, and pesticides by EPA Method 8081 for estimated fee of $133/sample. •If pentachlorophenol (PCP) is present in the analytical results, the landfill requires a sample to be analyzed for dioxins and furans by EPA Method 8280 for a fee of $660 per sample. •Additionally, if any of the analyzed constituents exceed 10 times the soluble threshold limit concentration (STLC) value, a waste extraction test is to be performed at an estimated fee of $40 per sample. The analysis of PCBs, pesticides, dioxins and furans, or a waste extraction test were not included in the Phase 400 budget; however, they can be run at the fees presented above if warranted and including the additional time to collect the soil samples. If the soil needs to be transported to a landfill, the City will provide a copy of the compete analytical results to the contractor. The contractor will generate a waste profile with a landfill and have the stockpiled material transported by a certified hazardous waste hauler to an appropriate waste-accepting landfill under standard bill of lading or manifest. PHASE 300 UNIT RATE EST. FEE Perform Sampling 6 $170 $1,020 Sample Coordination, bottle order and delivery of results 3 $135 $405 Vehicle charge per half day 1 $35 $35 Analytical Fee per Sample 4 $430 $1,720 Review of Analytical Results and Preparation of Letter 1 $1,000 $1,000 Professional engineering/management at10% - - $418 Total Estimated Fee for Phase 300: $4,600 Proposal Ukiah Electric Utility Field Operations Center 1350 Hastings Road, Ukiah, California City of Ukiah; LACO Project No. 6883.45 April 9, 2021 Page 4 Deliverable: One brief one-page letter with a copy of analytical results. The letter will provide recommendations if the soil can remain on a City of Ukiah property or needs to be transported to an appropriate waste-accepting landfill. Phase 400: Stockpile Sampling Exported soil generated during the grading phase of this project will need to be stockpiled on plastic and sampled to identify if impacts are present in soil. This phase does not include the berm soil under Phase 300, but the additional soil exported from the Site during grading operations. To identify the presence or absence of impacts, soil samples will be collected based on the RECs identified and constituents detected in the Phase II ESA reports. The number of samples collected will follow the soil compositing schedule presented in Recology’s Sampling Requirement and Acceptance Criteria dated June 2016. LACO has budgeted to collect up to four, four-to-one (4:1) composite soil samples from the stockpiled soil which is estimated based on the assumption that an additional 1,000 cubic yards of soil will be exported. Additional samples can be collected on a time and materials basis. The soil samples will be stored individually in an ice-fill cooler pending transportation to a state-certified analytical facility to undergo compositing and analysis of the following: TPH as diesel TPH motor oil by EPA Method 8015, semi-volatile organic compounds (SVOCs) by EPA Method 8270 and leaking underground fuel tank (LUFT) 5 metals by EPA Method 6010. The samples will be analyzed on a standard (1 week) turnaround basis. Following receipt of analytical reports, LACO will review the results to determine if constituents are below Class III landfill waste accepting criteria. If they are below Class III landfill waste accepting criteria, they may be stored and used at another City of Ukiah facility provided it is not residential, school, or a health facility. If the results are above Class III landfill waste accepting criteria, additional analyses will need to be run on the soil samples to meet the waste acceptance criteria for a Class II landfill. Based on Recology’s Sampling Requirement and Acceptance Criteria dated June 2016, the soil samples would need to be analyzed for the following additional analyses: •TPH as gasoline by EPA Method 8015 and volatile organic compounds (VOCs) by EPA Method 8260 for an estimated fee of $110/sample; and, •PCBs by EPA Method 8082, and pesticides by EPA Method 8081 for an estimated fee of $133/sample. If pentachlorophenol (PCP) is present in the analytical results, the landfill requires a sample to be analyzed for dioxins and furans by EPA Method 8280 for a fee of $660 per sample. Additionally, if any of the analyzed constituents exceed 10 times the soluble threshold limit concentration (STLC) value, a waste extraction test is to be performed at an estimated fee of $40 per sample. The analysis of PCBs, pesticides, dioxins and furans, or a waste extraction test were not included in the Phase 400 budget; however, they can be run at the fees presented above if warranted and including the additional time to collect the soil samples. If the soil needs to be transported to a landfill, the City will provide a copy of the compete analytical results to the contractor. The contractor will generate a waste profile with a landfill and have the stockpiled material transported by a certified hazardous waste hauler to an appropriate waste-accepting landfill under standard bill of lading or manifest. Proposal Ukiah Electric Utility Field Operations Center 1350 Hastings Road, Ukiah, California City of Ukiah; LACO Project No. 6883.45 April 9, 2021 Page 5 PHASE 400 UNIT RATE EST. FEE Perform Sampling 2 $170 $340 Sample Coordination, bottle order and delivery of results 3 $135 $405 Vehicle charge per half day 1 $35 $35 Analytical Fee per Sample 4 $317 $1,268 Review of Analytical Results and Preparation of Letter 1 $1,000 $1,000 Professional engineering/management at10% - - $430 Total Estimated Fee for Phase 400: $3,350 Deliverable: One brief one-page letter with a copy of analytical results. The letter will provide recommendations if the soil can remain on a City of Ukiah property or needs to be transported to an appropriate waste-accepting landfill. Phase 500: Plan Review Letter(s) LACO shall review Plans dated June 14, 2019, for conformance to our geotechnical soil report and prepare a brief letter summarizing our conclusions. LACO has allowed for two plan reviews. A breakdown in fees for Phase 500 is provided in the table below. PHASE 500 UNIT RATE EST. FEE Plan Review Letter 2 $1,000 $2,000 Total Estimated Fee for Phase 500: $2,000 Phase 600: Updated Geotechnical Soils Report LACO prepared a geotechnical exploration report for the Site on October 10, 2016. LACO will update the report to reflect current building code requirements and will provide clarification and supplemental recommendation for the gravel and asphaltic concrete sections. PHASE 600 UNIT RATE EST. FEE Updated Geotechnical Soils Report 1 $2,500 $2,500 Total Estimated Fee for Phase 600: $2,500 Deliverable: A updated geotechnical exploration report signed by a qualified professional. Phase 700: Materials Testing and Inspection Services During mass grading and subgrade preparation, aggregate base placement, and compaction operations, we will be present to observe soil compaction activities and perform density tests at representative locations following ASTM D6938 guidelines and LACO’s geotechnical exploration report dated October 10, 2016, and any subsequent updates provided in the proposed updated geotechnical soils report (Phase 600 of the proposal). Representative samples of fill and aggregate materials will be tested in our laboratory in general accordance with ASTM D1557 test procedures as a basis for estimating relative compaction. Proposal Ukiah Electric Utility Field Operations Center 1350 Hastings Road, Ukiah, California City of Ukiah; LACO Project No. 6883.45 April 9, 2021 Page 6 We will provide the services of qualified and certified technicians to perform the work described above on an as-requested basis. We should be notified at least 24 hours in advance to adequately schedule our services. Any workmanship or product discrepancies with construction elements that we are requested to observe and/or test will be brought to the immediate attention of the contractor(s). Field reports and laboratory test results will be forwarded to the owner and designated others. LACO will provide the services of our Special Inspectors on a time-and-materials basis with no minimum charges at a rate of $170 per hour. Other charges will be in accordance with our Schedule of Rates. Accordingly, based on our review of project documents, and experience with similar projects, we recommend that an estimated budget of $23,000 be established for our services on this project, as detailed in the table below: PHASE 700 HOURS VISIT/ UNITS RATE EST. FEE Inspection and compaction testing of mass grading 4 18 $170 $12,240 Inspection and compaction testing of subgrade 4 3 $170 $2,040 Inspection and compaction testing of baserock 4 3 $170 $2,040 Nuclear Gauge charge per hour 96 $15 $1,440 Laboratory soil compaction curve (estimate) - 4 $278 $1,112 Vehicle charge per half day - 24 $35 $840 Site observations by Geotechnical Engineer 3 1 $235 $705 Professional engineering/management @10% - - - $2,084 Reporting clerical 4 - $105 $420 Total Estimated Fee for Phase 700: $23,000 Should more detailed information or a contractor’s schedule become available, we can provide an updated cost evaluation. Please be advised the actual construction schedule and progress of individual contractors control the number of site visits required for observation and testing and that our total fees may vary from our cost estimate. If testing or travel beyond the scope presented herein is required, we will provide those services at the hourly rates quoted herein and/or as indicated on the Schedule of Rates (attached). However, we will not exceed the contract budget without the owner’s prior authorization. FEE LACO will invoice Client for services rendered based on time and materials. The estimated fee for the above referenced scope is: $41,500. *This is an estimate of the anticipated costs associated with the services we are proposing to provide. An estimate is made with our best, professional judgment but we cannot anticipate everything that will happen during the course of completing your project and there are often unforeseen circumstances or conditions that result in a greater commitment of staff resources than the originally estimated amount. Additional fees will not be incurred without written notice to the CLIENT. ---------- -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Initials _____ _____ RLW SS SS Proposal Ukiah Electric Utility Field Operations Center 1350 Hastings Road, Ukiah, California City of Ukiah; LACO Project No. 6883.45 April 9, 2021 Page 7 SPECIAL CONDITIONS AND / OR ASSUMPTIONS •LACO does not make any guarantee of the viability of the project, the date upon which approvals will be received, or the successful completion of the project. LACO does not possess any control over the discretionary approval process employed by any involved government agency, or the timely processing of application submittals. •The project qualifies as prevailing wage as set forth by California Department of Industrial Relations. •The actual sequencing of work by the contractor has the potential to significantly change the final cost of the services LACO will provide for this project. Costs may increase or decrease depending on contractor performance. •Observation performed by LACO shall not be relied upon as acceptance of the work, and in no way relieves the Contractor of their obligation to perform the work in accordance with the requirements of the Contract Documents, including commonly accepted industry practices. •LACO requests CLIENT or CLIENT representative assist in providing safe access during on-site visits to facilitate required field testing and sampling. •The Client will be responsible for clearance of private utilities not covered by USA within the proposed development area. LACO will not be responsible for unmarked underground utilities that may become damaged during the course of our investigation. •LACO assumes that a site-specific ground motion analysis is not necessary. Should Client or building design team decide, or should site conditions dictate otherwise, LACO can provide one under a separate agreement. •LACO assumes free and unrestricted access to the site during the subsurface exploration. •Tasks not specifically identified in the Scope of Services are excluded. •If any of the stated assumptions prove to incorrect, the basis for the estimated fee shall be considered changed and will require a fee adjustment; additionally, our ability to complete the project in a timely manner may also be affected. LACO will notify the CLIENT immediately if changes to the proposed Scope of Services and/or Fee are determined to be necessary. •LACO is not responsible for damage to asphalt, vegetation, landscaping, or unmarked utilities that may result through the course of our field exploration. •The actual sequencing of work by the contractor has the potential to significantly change the final cost of the services LACO will provide for this project. Costs may increase or decrease depending on contractor performance. •LACO will rely on others (owner or contractor authorized representative) to coordinate the total number of site visits needed to meet the quality assurance and testing requirements of the project. •Material testing or observation performed by LACO shall not be relied upon as acceptance of the work, and in no way relieves the Contractor of their obligation to perform the work in accordance with the requirements of the Contract Documents, including commonly accepted industry practices. Please contact Kelsey McLaughlin at (707) 953-2000 with any questions. Sincerely, LACO Associates Initials: LACO _______ CLIENT_______ Revised: 01/01/2021 LACO SOUTH 2021 SCHEDULE OF RATES HOURLY RATES Senior Principal Engineer ............................................................................................................................. $260.00 per hour Senior Geotechnical Engineer, Senior Managing Engineer .......................................................................... $235.00 per hour Principal Engineer ........................................................................................................................................ $225.00 per hour Principal Land Surveyor ................................................................................................................................ $210.00 per hour Principal Planner, Principal Geologist, Senior Project Manager .................................................................. $185.00 per hour Senior Engineer ............................................................................................................................................ $180.00 per hour Senior Geologist ........................................................................................................................................... $170.00 per hour Senior Planner, Senior Surveyor, Project Manager ...................................................................................... $155.00 per hour Associate Engineer ....................................................................................................................................... $150.00 per hour Laboratory Manager .................................................................................................................................... $140.00 per hour Senior Special Inspector, Associate Geologist .............................................................................................. $135.00 per hour Staff Engineer, Associate Planner, Associate Surveyor ................................................................................ $130.00 per hour Staff Planner, Staff Geologist, Staff Surveyor............................................................................................... $120.00 per hour Senior Technician ......................................................................................................................................... $110.00 per hour Assistant Engineer, Assistant Planner, Assistant Geologist, Assistant Surveyor .......................................... $105.00 per hour Senior Project Coordinator ............................................................................................................................ $90.00 per hour Project Coordinator ........................................................................................................................................ $80.00 per hour HOURLY PREVAILING WAGE FIELD INSPECTION RATES Group 1: Masonry, Group 2: Welding / Construction Inspections ............................................................... $175.00 per hour Group 3: Soils, Group 4: Concrete................................................................................................................ $170.00 per hour HOURLY SURVEY RATES* Marking Borings / USA Marking Humboldt / Sonoma / Napa (Prevailing Wage Qualifying) ....................... $201.00 per hour Marking Borings / USA Marking Mendocino / Lake (Prevailing Wage Qualifying) ...................................... $150.00 per hour One-Man Survey .......................................................................................................................................... $150.00 per hour One-Man Survey (Prevailing Wage Qualifying) ............................................................................................ $200.00 per hour Two-Man Survey .......................................................................................................................................... $275.00 per hour Two-Man Survey (Prevailing Wage Qualifying) ............................................................................................ $350.00 per hour Three-Man Survey ........................................................................................................................................ $350.00 per hour Three-Man Survey (Prevailing Wage Qualifying) ......................................................................................... $475.00 per hour *Hourly survey rates are charged for travel time to and from job site and on-site time. EXPERT WITNESS SERVICES** Principal Professional Expert........................................................................................................................ $475.00 per hour Senior Professional Expert ........................................................................................................................... $365.00 per hour **Expert witness services include, but are not limited to, preparation for and attendance at depositions or court by Principal or Senior Professionals. Other staff support will be billed at regular hourly rates. ANNUAL RATE INCREASE LACO Associates anticipates an annual hourly rate increase of 3% to 5% effective January 1st of each new year without prior notice. For projects that span multiple years, an updated Schedule of Rates will be sent with the first invoice that reflects the annual increase. NOTES 1.The above rates are regular hourly rates and include payroll costs, overhead, and profit. If overtime is requested by the client, it will be charged at 130% of the above hourly rates. 2.Outside services, including, but not limited to, consultants and laboratories, will be billed at Cost plus 15%. 3.Subsistence and per diem will be calculated at Cost plus 15%. 4.All travel time will be charged at the regular hourly rates. Initials: LACO _______ CLIENT_______ Revised: 01/01/2021 TRANSPORTATION Automobile and pickup:* Trip charge per day (half-day minimum charge) ......................................... $70.00 per day ($35 minimum charge) Over 80 miles .............................................................................................................. Federal Rate + $0.10 per mile Other transportation, air travel, etc. ................................................................................................................... $Cost + 15% MATERIALS Survey hubs, stakes, lath, or guineas ..................................................................................................................... $1.00 each Survey markers, plain iron pipe ............................................................................................................................. $5.00 each Plan copies per sheet (11x17) ........................... black & white $0.25 ........................................................... color $2.50 each Plan copies per sheet (24x36) ........................... black & white $5.00 ................... mylar $20.00 ................ color $21.25 each All other materials or printing ............................................................................................................................. $ Cost + 15% RATES FOR MATERIALS AND SOILS TESTING Laboratory tests are performed on samples delivered to our lab in Santa Rosa, California. Sample pick-up, special tests, and unusual sample preparation are billed at the applicable hourly rate. Faxes of reports and duplicate mailings are available for $5 each. Reports requiring review and signature will be billed at the applicable rate. A.AGGREGATE AND SOILS TESTING 100.Sieve Analysis – Coarse and Fine, Caltrans 202, ASTM C-136 ....................................................................... $186.00 101.Sieve Analysis – Coarse, Caltrans 202, ASTM C-136 ....................................................................................... $93.00 102.Sieve Analysis – Fine, Caltrans 202, ASTM C-136 ............................................................................................ $93.00 103.Finer than #200, ASTM C-117 ......................................................................................................................... $80.00 104.Particle Size Analysis, ASTM D-422 ............................................................................................................... $192.00 105.Cleanness Value, Caltrans 227 ...................................................................................................................... $186.00 106.Atterberg Limit - Wet .................................................................................................................................... $220.50 107.Hydrometer Analysis....................................................................................................................................... $90.00 108.Bulk Density of Soils ........................................................................................................................................ $53.00 109.Atterberg Limits, LL-PL-PI, ASTM 4318 ......................................................................................................... $171.00 110.Sand Equivalent, Caltrans 217, ASTM D-2419 .............................................................................................. $186.00 111.Specific Gravity – Coarse, Caltrans 206, ASTM C-127 ................................................................................... $141.00 112.Specific Gravity – Fine, Caltrans 207, ASTM C-128 ....................................................................................... $155.00 113.Maximum Density of Soils, Caltrans 216, ASTM D-698 or D-1557 ............................................................... $278.00 114.Maximum Density of Soils with Rock Correction, ASTM D-4718 .................................................................. $300.00 301.Nuclear Density Gauge (hourly), Caltrans 231, ASTM D6938 ** .................................................................... $15.00 302.Nuclear Density Gauge (daily), Caltrans 231, ASTM D6938 ** ....................................................................... $85.00 116.Organic Impurities, ASTM C-40 ....................................................................................................................... $80.00 117.Moisture Content of Soils In Place, ASTM D-2216 .......................................................................................... $25.00 118.Density of Soils In Place, ASTM 2937 .............................................................................................................. $50.00 119.Percent Crushed Particles, Caltrans 205, ASTM D-5821 ............................................................................... $186.00 120.Durability Index – Coarse, Caltrans 229, ASTM D-3744 ................................................................................ $150.00 121.Durability Index – Fine, Caltrans 229, ASTM D-3744 .................................................................................... $150.00 122.Concrete Slab Relative Humidity Test ............................................................................................................. $98.00 123.Unconfined Compressive Strength ................................................................................................................. $80.00 124.CBR Soils Test with Compaction ................................................................................................................... $550.00 125.Consolidation, 3" dia., ASTM D-2435 ............................................................................................................ $280.00 126.Consolidation Test – Additional Points ........................................................................................................... $45.00 127.Direct Shear, ASTM D-3080 (3 points) .......................................................................................................... $275.00 128.Direct Shear, ASTM D-3080 (per additional point) ......................................................................................... $69.00 129.Sample Preparation ........................................................................................................................................ $35.00 130.Expansion Index, ASTM D-4829 .................................................................................................................... $351.00 131.Pocket Penetrometer...................................................................................................................................... $20.00 135.Unit Weight, ASTM C-29 ............................................................................................................................... $186.00 139.CBR Soils Test Without Compaction ............................................................................................................. $350.00 166.Max. Theoretical Specific Gravity (RICE), ASTM D2041 ................................................................................ $175.00 167.Moisture % of Bituminous Mixtures, CAL370 ................................................................................................. $75.00 Initials: LACO _______ CLIENT_______ Revised: 01/01/2021 168.Bulk Specific Gravity of Compacted Asphalt Mixtures, ASTM D2726 ............................................................. $65.00 169.Marshall Compaction, Density, 3 specimens, ASTM D6926, D2726 ............................................................. $345.00 170.Marshall Stability & Flow, 3 specimens, ASTM D6927 ................................................................................. $230.00 171.% Binder Content, NCAT Ignition Oven,ASTM D6307 .................................................................................. $150.00 172.NCAT Calibration, ASTM D6307 .................................................................................................................... $380.00 For other testing not listed, please inquire. B.CONCRETE AND FIELD TESTING 150.Concrete/Grout Compressive Strength (curing, testing & disposal), Caltrans 521, ASTM C-39 ..................... $35.00 151.Concrete Compressive Strength, Caltrans 521, ASTM C-39 ............................................................................ $35.00 152.Specimen Processing and Curing, ASTM C-31 ....................................................................................... (each) $8.00 153.Disposable Concrete Molds ................................................................................................................... (each) $4.00 154.Concrete Mix Design, Preparation, Review, and Adjustment ....................................................................... $200.00 156.Percent Entrained Air (Method ASTM C-231 or C-173)** .............................................................................. $20.00 157.Shrinkage Test, ASTM C-157 (3 bars) ............................................................................................ (per test) $300.00 158.Concrete Rebound Test, ASTM C-805** ......................................................................................... (per day) $25.00 159.Coring; Concrete, CMUs and AC, 4-inch core **...................................................................... $3.00 per inch length 161.Coring; Concrete, CMUS and AC, 6-inch core ** ..................................................................... $3.00 per inch length 163. Splitting Tensile Strength, ASTM C-496 .......................................................................................... (per test) $90.00 164.Voltage Meter ................................................................................................................................. (per day) $35.00 C.SPECIAL EQUIPMENT 258.Coating Thickness Gauge ................................................................................................................ (per Day) $25.00 246.Skidmore ** .................................................................................................................................... (per day) $60.00 303.Core Drilling Machine** ................................................................................................................. (per day) $75.00 333.Load Cell ** .................................................................................................................................... (per hour) $15.00 334.Torque Wrench ** ......................................................................................................................... (per hour) $10.00 320.Photoionization Hydrocarbon Vapor Detector * .......................................................................... (per day) $100.00 450.Field Lab Analysis (Hanby) .............................................................................................................. (per test) $25.00 332.Turbidity Meter * ............................................................................................................................ (per day) $40.00 352.Dissolved Oxygen Meter * .............................................................................................................. (per day) $40.00 245.pH/T/K Meter * ............................................................................................................................... (per day) $40.00 247.Water Level Meter .......................................................................................................................... (per day) $25.00 321.Bladder Pump/2” Submersible Pump * .......................................................................................... (per day) $45.00 224.Cam/Portable Pump (12-volt) ........................................................................................................... (per well) $5.00 336.Pressure Washer * .......................................................................................................................... (per day) $45.00 323.Steam Cleaner * .............................................................................................................................. (per day) $75.00 456.Rotary Hammer Boring System................................................................................................... (per boring) $25.00 452.Hydro Punch .............................................................................................................................. (per sample) $30.00 454.Continuous Core Sampler .................................................................................................................(per foot) $5.00 354.Hand Auger * .................................................................................................................................. (per day) $25.00 22.Traffic Control Cones (25) * .............................................................................................................. (per day) $8.00 23.Passive Skimmer (1 liter)............................................................................................................... (per week) $15.00 24.Electric Skimmer ......................................................................................................................... (per week) $125.00 326.Submersible Pump * ....................................................................................................................... (per day) $45.00 322.Centrifugal Pump * ....................................................................................................................... (per day) $100.00 252.Confined Space Multi-Gas Meter (LEL, Oxygen, PID, Hydrogen Sulfate, CO) ................................. (per day) $90.00 661.Calcium Chloride Kits ........................................................................................................................... (each) $25.00 *Minimum charge of 1/2-day on all equipment billed on daily basis ** Plus Technician Rate *** Sample preparation not included LACO - Hastings Soil Mgmt - 2021-203 Final Audit Report 2021-08-19 Created:2021-08-10 By:Kristine Lawler (klawler@cityofukiah.com) Status:Signed Transaction ID:CBJCHBCAABAAgbu8-g8q1w3mtBTdItC2NYGGcgThwPZl "LACO - Hastings Soil Mgmt - 2021-203" History Document created by Kristine Lawler (klawler@cityofukiah.com) 2021-08-10 - 6:57:12 PM GMT- IP address: 12.12.163.2 Document emailed to Sage Sangiacomo (ssangiacomo@cityofukiah.com) for signature 2021-08-10 - 6:59:23 PM GMT Document e-signed by Sage Sangiacomo (ssangiacomo@cityofukiah.com) Signature Date: 2021-08-19 - 8:45:48 PM GMT - Time Source: server- IP address: 12.12.163.2 Document emailed to Kristine Lawler (lyricalwhims@gmail.com) for signature 2021-08-19 - 8:45:50 PM GMT Email viewed by Kristine Lawler (lyricalwhims@gmail.com) 2021-08-19 - 8:46:59 PM GMT- IP address: 66.249.84.87 Document e-signed by Kristine Lawler (lyricalwhims@gmail.com) Signature Date: 2021-08-19 - 8:47:09 PM GMT - Time Source: server- IP address: 12.12.163.2 Agreement completed. 2021-08-19 - 8:47:09 PM GMT