HomeMy WebLinkAboutLawrence & Associates 2023-10-17COU No. 2324-099
AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES
This Agreement, made and entered into this 17 day of October, 2023 (“Effective Date”), by and
between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and Lawrence & Associates,
a corporation, organized and in good standing under the laws of the State of California, hereinafter
referred to as "Consultant".
RECITALS
This Agreement is predicated on the following facts:
a. City requires consulting services related to annual sampling of the gas-extraction system at
the City of Ukiah Landfill.
b. Consultant represents that it has the qualifications, skills, experience and properly licensed to
provide these services, and is willing to provide them according to the terms of this
Agreement.
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 60 days from receipt of the Notice to Proceed. Consultant shall complete the work to
the City's reasonable satisfaction, even if contract disputes arise or Consultant contends it is
entitled to further compensation.
4.0 COMPENSATION FOR SERVICES
4.1 Basis for Compensation. For the performance of the professional services of this Agreement,
Consultant shall be compensated on a time and expense basis not to exceed a guaranteed
maximum dollar amount of $6,866. 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 B, which shall include all indirect costs and expenses
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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 anticipate d 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 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
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 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.
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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.
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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.
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3. Professional Liability Coverage
If written on a claims-made basis, the retroactivity date shall be the effective
date of this Agreement.
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. 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, after notice to Consultant that City has paid the premium, the
cost of insurance may be deducted from the compensation otherwise due the
contractor under the terms of this Contract.
G. Subcontractors
Consultant shall include all sub-contractors 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
and its agents in the performance of services under this contract, 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.
“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.
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References in this paragraph to City or Consultant, include their officers, employees, agents,
and subcontractors.
7.0 CONTRACT PROVISIONS
7.1 Documents and 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 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.
Jan 8, 2024
Kristine Lawler (Jan 8, 2024 14:06 PST)
Kristine Lawler Jan 8, 2024
3590 Iron Court •Shasta Lake, California 96019 •(530) 275-4800 •fax (530) 275-7970 •www.lwrnc.com
P03148.00, Task 23
July 26, 2023
Mr. Jason Benson
City of Ukiah Public Works
300 Seminary Avenue
Ukiah, CA 95482
Dear Jason:
SUBJECT: PROPOSAL FOR 2023 ANNUAL SAMPLING OF GAS-
EXTRACTION SYSTEM AT THE CITY OF UKIAH LANDFILL
Attached is our proposal and cost estimate for conducting the annual emissions
sampling of the perimeter gas-extraction system at the Ukiah Landfill.
Also enclosed are two signed copies (undated) of the City’s Standard Professional
Services Agreement and a copy of our current Worker’s Compensation Certificate with
Subrogation Endorsement.
Please call me at (530) 275-4800 if you have questions regarding this proposal and cost
estimate. Thank you for the opportunity to provide a proposal for this work.
Sincerely,
Karl Swanson
Senior Engineering Geologist
enc: Attachment A – Proposal and Cost Estimate
Attachment B – Schedule of Fees
Agreement for Professional Consulting Services
Worker’s Compensation Certificate with Subrogation Endorsement
ATTACHMENT A
City of Ukiah July 26, 2023
ATTACHMENT A – Proposal for 2023 Annual Gas-Extraction Sampling Page 1 of 3
P03148.00 Task 23 Lawrence & Associates
Introduction
This proposal describes the scope of work and associated costs for conducting the annual
emissions sampling of the perimeter gas-extraction system at the City of Ukiah Landfill
(Landfill).
In 1997, a perimeter gas-extraction system was installed at the Landfill to control the migration
of landfill gases away from the Landfill. The system consists of vertical extraction wells
(between the landfill and the property line) connected to a header pipe. Landfill gas that has
migrated outside of the Landfill is collected by the wells, and then conveyed in the header pipe to
the stack.
The collected gas is discharged without treatment, because a screening-level health-risk
assessment, conducted when the system was started, showed a less than 10-in-one-million excess
cancer risk (the 10-in-one-million limit was established by Mendocino County Air Quality
Management District [MCAQMD]). Monitoring since start up has shown similar results each
year.
The system is operating under a “Permit to Operate” issued by the MCAQMD. Condition
XIV.B.2. requires annual testing of stack gas for methane and the “specified air contaminants” of
the California Health and Safety Code, §41805.5, and reporting of the results to the MCAQMD
30 days before each permit renewal date (August 30 of each year). This condition requires
sampling and analysis by EPA TO-15 methodology. TO-15 analysis, however, is not appropriate
for methane and some of the specified air contaminants. The appropriate analytical methods are
described in the Scope of Work, below.
Special Condition XIV.B.3. states that if a health-risk assessment conducted by the MCAQMD
shows a greater than 10-in-one-million excess cancer risk at the nearest receptor, the MCAQMD
may require treatment of the effluent. A health-risk assessment conducted now or in the future
would be based on the annual sampling conducted for Special Condition XIV.B.2.
Scope of Work
This scope of work addresses Special Condition XIV.B.2 (the annual emissions sampling) in the
Permit to Operate.
For all analyses, the system effluent will be sampled via a tee fitting attached to the sampling
port on the stack, inside the blower building. All samples will be collected in duplicate.
Formaldehyde samples will be collected using vacuum pumps constructed of stainless steel,
Teflon, Viton rubber, and borosilicate glass, and designed for gas monitoring. Samples for
City of Ukiah July 26, 2023
ATTACHMENT A – Proposal for 2023 Annual Gas-Extraction Sampling Page 2 of 3
P03148.00 Task 23 Lawrence & Associates
formaldehyde will be drawn through DNPH-coated silica-gel cartridges at about 1 liter/minute
for 4-6 hours. A field blank will be analyzed for formaldehyde. The field blank will consist of a
cartridge that remains in its culture tube next to the pumps during the duration of sampling.
Hydrogen sulfide samples will be collected in tedlar bags, and volatile organic compounds and
fixed gases will be collected in 6-liter SUMMA canisters cleaned at the laboratory. Before
sampling, the canisters can hold a vacuum of up to -28 inches of mercury. The high vacuum
allows sample(s) to be drawn into a canister, without the use of a pump, when the stainless-steel
bellows valve on the canister is opened.
All samples will be shipped overnight to Atmospheric Analysis and Consulting Inc., Ventura,
California. Atmospheric Analysis and Consulting is a California certified environmental
laboratory.
Fixed (natural) gases and total nonmethane hydrocarbons (non-methane organic compounds,
NMOC) will be analyzed by ASTM Method D-1945. The specified air contaminants of the
California Health and Safety Code, Part 4, Chapter 3, Article 2, Section 41805.5(i)(6) will be
analyzed by EPA Method TO-11 (for formaldehyde), EPA Method TO-15 (for halogenated
hydrocarbons), ASTM D-5504 (for hydrogen sulfide), and EPA 25C for total non-methane
organic compounds.
Results will be presented in a written report containing field notes, laboratory sheets, tabulated
summaries of the data, and a discussion of results. The results also will be used to evaluate
compliance with Special Condition XIV.B.1, the emission limit for NMOC of 220 pounds/day.
The work does not include a health-risk assessment. If results from the proposed sampling are
similar to previous results (for which a health-risk assessment was conducted), presumably the
excess cancer risk of 10-in-one million would not be exceeded. The City does not need to
conduct a health-risk assessment unless specifically requested by the MCAQMD.
City of Ukiah July 26, 2023
ATTACHMENT A – Proposal for 2023 Annual Gas-Extraction Sampling Page 3 of 3
P03148.00 Task 23 Lawrence & Associates
Cost Estimate
The estimated cost of work is not to exceed $6,866. This includes laboratory analysis. A
detailed cost estimate is shown below.
ANNUAL GAS-EXTRACTION SYSTEM SAMPLING - 2023
Item Qty Unit $/Unit Subtotal
Labor
Principal Geologist, review report 0.5 Hr $180.00 $90.00
Associate Geologist, prepare report 6 Hr $135.00 $810.00
Technician, order sampling supplies,
prepare to sample, collect, package,
and ship samples (requires 6-8 hours
for formaldehyde)
24 Hr $95.00 $2,280.00
AutoCAD operator, prepare figures 1 Hr $100.00 $100.00
Clerical, edit and reproduce report 1 Hr $75.00 $75.00
Subtotal $3,355.00
Expenses
Report materials 1 LS $100.00 $100.00
Equipment rental (pumps, manometer) 1 LS $100.00 $100.00
Laboratory (Atmospheric Analysis and
Consulting, Inc.)
Mod. TO-15 (volatile organics) 2 Ea $230.00 $460.00
EPA 25C 2 Ea $205.00 $410.00
Mod. TO-11 (formaldehyde) 3 Ea $175.00 $525.00
Mod. ASTM D-1945 (natural gas) 2 Ea $230.00 $460.00
Mod. ASTM D-5504 (H2S) 2 Ea $205.00 $410.00
Formaldehyde cartridges 3 Ea $30.00 $90.00
6-liter SUMA canister 2 Ea $45.00 $90.00
Shipping (samples and reports) 1 LS $350.00 $350.00
Per Diem 1 Dy $250.00 $250.00
Mileage 380 Mi $0.70 $266.00
Subtotal $3,511.00
Labor $3,355.00
Expenses $3,511.00
TOTAL $6,866.00
3590 Iron Court • Shasta Lake, California 96019 • (530) 275-4800 • fax (530) 275-7970 • www.lwrnc.com
ATTACHMENT B - SCHEDULE OF FEES
EFFECTIVE JANUARY 1, 2023 Professional Services
Engineering Geologist/Hydrogeologist
Principal ..................................................................................................... $180/hour
Senior ......................................................................................................... $160/hour
Associate .................................................................................................... $135/hour
Staff ............................................................................................................ $130/hour
Assistant ..................................................................................................... $115/hour
Engineer
Principal Engineer ...................................................................................... $190/hour
Senior Registered Civil ............................................................................... $175/hour
Associate Registered Civil ......................................................................... $150/hour
Staff Civil ................................................................................................... $130/hour
Assistant Civil ............................................................................................ $120/hour
Engineering Technician .............................................................................. $95/hour
Project Manager ............................................................................................... $130/hour
Environmental Assessor (Level I) ................................................................... $125/hour
Environmental Assessor (Level II) .................................................................. $120/hour
AutoCAD Operator (Level I) ........................................................................... $100/hour
AutoCAD Operator (Level II) ......................................................................... $90/hour
Field Technician .............................................................................................. $95//hour
Laborer ............................................................................................................. $80/hour
Tank Fund Administrator ........................................................................... $75/hour
Clerical ............................................................................................................. $75/hour
Travel Time ..................................................................................................... $95/hour
Deposition and Court Appearances
Minimum charge .............................................................................................. $1400 part or full day
Deposition or Court Appearance Rate ............................................................ $250/hour
Preparation at consulting-service rates ............................................................ as listed above
Drilling Services (CME-55 drilling rig)
7-5/8 and 9-5/8-inch OD augers with operator and helper ............................... (See drilling
Mobilization ..................................................................................................... schedule of fees)
Other In-House Equipment
Test pumps (submersible, through 5 HP)......................................................... quoted/job
Campbell 21X data loggers w/ transducers (water and gas) ............................ quoted/job
Conductivity, oxygen, temperature and dissolved oxygen probes ................... quoted/job
Meteorological station (wind direction and velocity) ...................................... quoted/job
Gas-extraction and air-monitoring pumps ....................................................... quoted/job
Mileage ............................................................................................................ $0.70
Mileage (drilling rig) ....................................................................................... $1.00
Per diem – Northern CA/Oregon (per person/day; may vary dep. upon location) $200/night
Per diem – Southern CA (per person/day; may vary dep. upon location) ........ $250/night
Level D protection (per person/day) ................................................................ $30/day
Survey equipment (per day) ............................................................................. $50/day
GPS Survey (per day) ...................................................................................... $150/day
Expenses, Materials, Outside Services
(All direct-job related expenses: reproduction, rental equipment,
materials, subcontracted labor and equipment) ................................................ at cost + 15%