Professional Services Agreement Agreement No. <24-064>
City Attorney Approved, 03112024
Hercules Refugio Valley Park Pond Dredging
CITY OF HERCULES
PROFESSIONAL SERVICES AGREEMENT
This
Agreement (“Agreement”) for professional services is made on October 22, 2024, between the City of Hercules, a California municipality (“City”), and LSA Associates, Inc. a corporation (“Consultant”) (individually, a “Party,” and collectively, the “Parties”).
1. Scope of
Services. Consultant will provide to City the professional services described in the Scope of Services, attached as Attachment A and incorporated in this Agreement (the “S
ervices”). Only the City Council or the City Manager may authorize any change or addition to the Scope of Services specified in Attachment A.
2. Te
rm. This Agreement will become effective on October 22, 2024 (“Effective Date”), and will terminate upon the full and satisfactory completion of the Services or as otherwis e s
pecified in Attachment A, unless terminated sooner in accordance with Section 10 of this Agreement. Time is of the essence with respect to all provisions of this Agreement that specify a time for performance.
3. Compensation. For the full and satisfactory completion of the Services, City will pay Consultant in an amount not to exceed (ONE HUNDRED THIRTY-TWO THOUSAND ONE HUNDRED AND ONE DOLLARS $132,101), without prior written authorization by City, pursuant to the terms set forth in Attachment B on Payment, which is attached to and incorporated in this Agreement. Consultant’s compensation is intended to encompass all costs required for performing the Services, including overhead and indirect costs. Except as expressly provided in Attachment B, Consultant will not be entitled to reimbursement for expenses it incurs to provide the Services.
3.1 P
ayment. City will pay Consultant for Services satisfactorily provided during each calendar month within 30 days following City receipt and approval of a detailed invoice. The invoice must include, at a minimum: a description of the specific Services provided; the name of the individual providing the Services; the date(s) upon which the Services were provided; the time spent providing the Services; the amount due for the Services ; and the basis for calculating the amount due.
3.2 A
dditional Services. If the City requests related services beyond the Scope of Services described in Attachment A, the Consultant will provide City a written estimate for the additional services (“Additional Services”). Consultant will not provide Additional Services until Consultant has received written authorization from the City to perform the Additional Services .
Consultant will not be entitled to payment for Additional Services performed without City’s prior written authorization or for costs to correct Consultant’s errors or omissions.
4. Independent
Contractor. The Parties agree that Consultant will act as an independent contractor under this Agreement and will have control of its work and the manner in which the Se
rvices are performed. Consultant is not an employee of City and is not entitled to participate in any health, retirement, or similar employee benefits from the City.
Agreement No. 24-064
Council Resolution No.__________
Professional Services Agreement Agreement No. <24-064>
City Attorney Approved, 03112024
Hercules Refugio Valley Park Pond Dredging
5. Consultant’s Warranties.
5.1 C
onsultant warrants that all Services provided under this Agreement will be performed in accordance with generally accepted professional practices and standards for Consultant’s profession in the Bay Area.
5.2 C
onsultant warrants that all Services provided under this Agreement will be performed in accordance with applicable federal, state, and local laws and regulations, including, but not limited to, conflict of interest laws and City ordinances and policies.
5.3 C
onsultant warrants that Consultant has no present interest which would conflict in any manner with the performance of Services on the City’s behalf.
5. 4 Consultant warrants that it will comply with the City’s Nepotism and Cronyism Policy (Hercules Municipal Code § 2-3.401 et seq.) and the City’s California Equal Pay Act Compliance Policy (Hercules Municipal Code § 2-3.501 et seq.).
6. N
otice. Any notice, billing, or payment required by this Agreement must be made in writing, and sent to the other P arty by personal delivery, U.S. Mail, a reliable overnight deliv ery se
rvice, or by e mail as a PDF (or comparable) file. Notice is effective upon delivery unless otherwise specified. Notice for each Party will be given as follows:
Ci
ty: Consultant:
Ci
ty of Hercules LSA Associates, Inc.
111 Civic Drive 157 Park Place
Hercules, CA 94547 Point Richmond, California 94801
(510) 7
99-8200 Phone: 510-236-6810
Attn: City Clerk Attn: Dan Sidle
[email protected]
C opy to: Mike Roberts Copy to:
E
mail: [email protected] Email:
7. I
ndemnity. Subsection 7.1 is not applicable to this Agreement if Consultant’s Services are “design professional” services as that term is used and defined in Civil Code section 2782.8.
Subsection 7.2 is applicable to this Agreement if Consultant’s Services are “design professional” services as used and defined in Civil Code section 2782.8.
7. 1 T o the full extent permitted by law, Consultant will indemnify, defend with counsel acceptable to City, and hold harmless City, its governing body, officers, agents, employees, and volunteers (collectively, “City Indemnitees”) from and against any and all liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation) (collectively, “ Liability”) of every nature arising out of or in connection with Consultant’s acts or omissions with respect to this Agreement, except such Liability caused by the active negligence, sole negligence, or willful misconduct of any of the City Indemnitees. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Agreement. This Subsection 7.1 does not apply if the Services to be provided
Professional Services Agreement Agreement No. <24-064> City Attorney Approved, 03112024
Hercules Refugio Valley Park Pond Dredging
under this Agreement are design professional services provided by a licensed architect, landscape architect, professional engineer, or professional land surveyor.
7.2 To the full extent permitted by law, Consultant will indemnify, defend, and hold harmless City, its City Council, officials, officers, agents, employees, and volunteers from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation, attorney fees and costs and fees of litigation) (collectively, “Liability”) of every nature which arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of Consultant in the performance of this Agreement, except such Liability caused by the active negligence, sole negligence or willful misconduct of City. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Agreement. This Subsection 7.2 is applicable if the Services to be provided under this Agreement are design professional services provided by a licensed architect, landscape architect, professional engineer, or professional land surveyor.
8. Insurance. Before providing any Services under this Agreement, Consultant is required to procure and provide proof of the insur ance coverage required by this S ection in the form of certificates and endorsements. Each certificate of insurance must state that the coverage afforded by the policy or policies will not be reduced, cancelled or allowed to expire without at least 30 days written notice to City, unless due to nonpayment of premiums, in which case at least 10 days written notice will be made to City. The required insurance must cover the activities of Consultant and its employees or subcontractors relating to or arising from the performance of the Services, and must remain in full force and effect at all times during the term of the Agreement. All required insurance must be issued by an insurer licensed to do business in the State of California, and each such insurer must have an A.M. Best financial strength rating of “A” or better and a financial size rating of “VIII” or better. If Consultant fails to provide any of the required coverage, City may, at its sole discretion, purchase such coverage at Consultant’s expense and deduct the cost from payments due to Consultant.
8.1 The following insurance policies and limits are required for this Agreement:
8.1.1 Commercial General Liability Insurance (“CGL”) . CGL insurance issued on an occurrence basis, including coverage of liability arising from Consultant’s acts or omissions in the performance of S ervices under this Agreement, with limits of at least $1,000,000.00 per occurrence.
8.1.2 Automotive. Commercial automotive liability coverage for owned, non- owned and hired vehicles must provide coverage of at least $1,000,000.00 combined single limit per accident for bodily injury, death, or property damage.
8.1.3 Workers’ Compensation Insurance and Employer’s Liability. The policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, with limits of at least $1,000,000.00. If Consultant is self- insured, Consultant must provide its duly authorized Certificate of Permission to Self-Insure.
Professional Services Agreement Agreement No. <24-064> City Attorney Approved, 03112024
Hercules Refugio Valley Park Pond Dredging
8.1.4 Professional Liability. This in surance must insure against Consultant ’s errors and omissions in the provision of S ervices under this Agreement , in an amount no less than $1,000,000.00 combined single limit.
8.2 Subrogation Waiver. Each required policy must include an endorsement that the insurer agrees to waive any right of subrogation it may have against City or the City’s insurers.
8.3 The CGL policy and the automotive liability policy must include the following endorsements:
(1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, “ Additional Insured”) must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Agreement.
(2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured.
(3) The insurance provided is primary and no insurance held or owned by City will be called upon to contribute to a loss.
(4) Any umbrella or excess insurance must contain or be endorsed to contain a provision that such coverage will also apply on a primary or non-contributory basis for the benefit of City before the City’s own insurance or self -insurance will be called upon to protect it as a named insured.
9. Dispute Resolution. In the event that any dispute arises between the Parties in relation to this Agreement, the Parties agree to meet face to face as soon as possible to engage in a good faith effort to resolve the matter informally. In the event that any dispute arises between the Parties in relation to this Agreement, and the dispute is not resolved by informal discussions, the Parties agree to submit the dispute to mediation.
9.1 Either Party may give written notice to the other Party of a request to submit a dispute to mediation, and a mediation session must take place within 60 days after the date that such notice is given, or sooner if reasonably practicable. The Parties will jointly appoint a mutually acceptable mediator. The Parties further agree to share equally the costs of the mediation, except costs incurred by each Party for representation by legal counsel.
9.2 Good faith participation in mediation pursuant to this S ection is a condition precedent to either Party commencing litigation in relation to the dispute.
10. Early Termination.
10.1 Termination for Convenience. City may terminate this Agreement for convenience by giving 10 calendar days written notice to Consultant. In the event City elects to terminate the Agreement without cause, it will pay Consultant for Services satisfactorily provided up to that date.
Professional Services Agreement Agreement No. <24-064>
City Attorney Approved, 03112024
Hercules Refugio Valley Park Pond Dredging
10 .2 Termination for Cause. If either Party breaches this Agreement by failing to timely or satisfactorily perform any of its obligations or otherwise violates the terms of this Agreement, the other Party may terminate this Agreement by giving written notice five calendar days prior to the effective date of termination, specifying the reason and the effective date of the termination.
Consultant will be entitled to payment for all Services satisfactorily provided up to the effective date of termination, except that the City may deduct from that payment the amount of costs the City incurred, if any, because of Consultant’s breach of the Agreement. 11 . Work Product. City will be the sole owner of all rights to any work product in any form which has been prepared by Consultant on City ’s behalf pursuant to this Agreement, unless otherwise specified in writing by the Parties.
12. R
ecords. Unless otherwise specified in Attachment A, C onsultant will maintain records related to this Agreement for a period of four years from expiration or termination of this Agreement, including records of the Services performed, on a daily basis if necessary.
Consultant’s accounting systems will conform to generally accepted accounting principles, and all records will provide a breakdown of total costs charged under this Agreement, including properly executed payrolls, time records, invoices, and vouchers. Consultant will permit City to inspect and examine Consultant’s books, records, accounts, and any and all data relevant to this Agreement at any reasonable time.
13. G
eneral Provisions.
13 .1 Assignment and Successors. Consultant may not assign its rights or obligations under this Agreement, in part or in whole, without City’s written consent. This Agreement is binding on Consultant’s and City’s lawful heirs, successors, and permitted assigns.
13.2 T
hird Party Beneficiaries. There are no intended third-party beneficiaries to this Agreement.
13.3 N
ondiscrimination. Consultant will not discriminate in the employment of persons under this Agreement because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, disability, or other prohibited basis. All nondiscrimination rules or regulations required by law to be included in this Agreement are incorporated by this reference.
13.4 R
estrictions on Nepotism and Cronyism . Consultant must comply with the regulations adopted by the City to avoid favoritism or discrimination in the award of contracts, as set forth in section 2 -3.401 et seq. of the City’s Municipal Code. Consultant must complete the “Contractor Acknowledgment of City of Hercules Nepotism and Cronyism Policy,” using the form attached as Attachment C to this Agreement, and submit a fully executed copy with the executed Agreement.
13.5 C
ompliance with the California Equal Pay Act. Consultant must comply with the regulations adopted by the City to allow for verification of Consultant compliance with the requirements of the California Equal Pay Act, as set forth in section 2-3.501 et seq. of the City’s Municipal Code. Consultant must complete the “Contractor Acknowledgment of Compliance with the California Equal Pay Act,” using the form attached as Attachment D to this Agreement, and submit a fully executed copy with the executed Agreement.
Professional Services Agreement Agreement No. <24-064> City Attorney Approved, 03112024
Hercules Refugio Valley Park Pond Dredging
13.6 Choice of Law and Venue. This Agreement will be governed by California law, and venue will be in the Superior Court of Contra Costa County, and no other place.
13.7 Integration. This Agreement and the documents incorporated in this Agreement constitute the final, complete, and exclusive terms of the agreement between the City and the Consultant.
13.8 Severability. If any provision of this Agreement is determined to be illegal, invalid, or unenforceable, in part or in whole, the remaining provisions of the Agreement will remain in full force and effect.
13.9 Amendment. No amendment or modification of this Agreement will be binding unless it is in a writing duly authorized and signed by the Parties to this Agreement.
13.10 Provisions Deemed Inserted. Every provision of law required to be inserted in this Agreement will be deemed to be inserted, and this Agreement will be construed and enforced as though included. If it is discovered that through mistake or otherwise that any required provision is not inserted, or not correctly inserted, this Agreement will be amended to make the insertion or correction.
13.11 Precedence. If any provision in any document attached to or incorporated in this Agreement conflicts with or is inconsistent with the provisions set forth in the body of this Agreement, the provisions set forth in the body of this Agreement will control over any such conflicting or inconsistent provisions.
13.12 Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement will be effective unless it is in writing and signed by the P arty waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless the writing so specifies.
13.13 Force Majeure. If either Party is delayed or hindered in or prevented from the performance of any act required under this Agreement because of strikes, lockouts, inability to procure labor or materials, failure of power, riots, insurrection, war, fire or other casualty, or other reason beyond the reasonable control of the P arty delayed, excluding financial inability (“Force Majeure Event”), performance of that act will be excused for the period during which the Force Majeure Event prevents such performance, and the period for that performance will be extended for an equivalent period. Delays or failures to perform resulting from lack of funds will not be Force Majeure Events.
13.14 Headings. The headings in this Agreement are included for convenience only and will not affect the construction or interpretation of any provision in this Agreement or any of the rights or obligations of the Parties to this Agreement.
13.15 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.
Professional Services Agreement Agreement No. <24-064>
City Attorney Approved, 03112024
Hercules Refugio Valley Park Pond Dredging
13.16 A
uthorization. Each individual signing below warrants that he or she is authorized to do so by the Party that he or she represents, and that this Agreement is legally binding on that Party. If Consultant is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313.
[
Signature page follows.]
Professional Services Agreement Agreement No. <24-064>
City Attorney Approved, 03112024
Hercules Refugio Valley Park Pond Dredging
The Parties agree to this Agreement as witnessed by the signatures below:
CI
TY: Approved as to form:
s/
_______________________________ s/__________________________________ ________________________________
___________________________________
Dante Hall, City Manager Patrick Tang, City Attorney
Date:
___________________________ Date: ______________________________ Atte
st:
s/
_______________________________
_________________________________
E
ibleis Melendez, City Clerk
Dat
e: ___________________________
CON
SULTANT: ___________________________________________________ Business Name
s/
_______________________________
_________________________________
Na
me/Title
Dat
e: ____________________________
s/
_______________________________
_________________________________
Na
me/Title
Dat
e: ____________________________
At
tachments:
At
tachment A: Scope of Services
Attachment B: Payment
Attachment C: Contractor Acknowledgment of City of Hercules Nepotism and Cronyism Policy Attachment D: Contractor Acknowledgment of Compliance with the California Equal Pay Act LSA Associates, Inc.
Anthony Petros, CEO
October 10, 2024
LSA is a business name of LSA Associates, Inc.
CARLSBAD
CLOVIS
IRVINE
LOS ANGELES
PALM SPRINGS
POINT RICHMOND
RIVERSIDE
ROSEVILLE
SAN LUIS OBISPO
157 Park Place, Pt. Richmond, California 94801 510.236.6810 www.lsa.net S
eptember 11, 2024
Michael Roberts, PE
Public Works Director/City Engineer
City of Hercules
111 Civic Drive
Hercules, CA 94519
Subject: Proposal for Providing Permitting Services, Soil Sampling & Analysis, and Design Services for the Refugio Valley Park Pond Dredging Project, Hercules, Contra Costa County Dear Mr. Roberts:
Per your request, LSA is submitting this proposal to conduct a bathymetric survey, complete soils sampling/analysis, prepare sediment dredging plans, and prepare permit applications for the Refugio Valley Park Pond Dredging Project in the City of Hercules. LSA would prepare the permit applications, including the biological assessment, while Balance Hydrologics (Balance), as a sub- consultant to LSA, would conduct the bathymetric survey and prepare the sediment dredging plans.
Terraphase Engineering (Terraphase) would complete the sampling and analysis of the pond sediments for reuse or disposal. This work will build upon the and update the studies that were completed in 2019.
Our proposed scope of work, budget, and terms are described below.
LSA SCOPE OF WORK
Task 1: Prepare Biological Assessment
LSA will prepare a biological assessment that addresses sensitive biological resources subject to agency permitting requirements. An LSA biologist will conduct a field survey to evaluate the potential for the occurrence of listed species on the project site. The evaluation will be based on an assessment of the habitats present and the site’s suitability to support listed species known from this region. Prior to conducting the field survey, LSA will search the California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (CNDDB), California Native Plant Society Inventory of Rare Plants, U.S. Fish and Wildlife Service Information, Planning, and Consultation System, and other sources for occurrence records of listed species in the project vicinity. In the field, LSA will identify the cover types and habitats present onsite (for both federally listed and other special-status species) and note any species observed. LSA will prepare a report that includes the results of the field survey, an assessment of the suitability of the habitats to support listed species, and an evaluation of potential occurrence of listed species on the site or in the vicinity.
Attachment A: Scope of Services
Attachment B: Payment
9/11/24 (P:\CYH1801\Admin\LSA proposal\Refugio Valley Park Pond Dredging Proposal 9-11-2024.docx) 2 Task 2: Prepare U.S. Army Corps of Engineers Wetland Delineation Report and Nationwide Permit Application
LSA will prepare an application and Pre-construction Notification for a Nationwide Permit #16 – Dredging Maintenance for submittal to the U.S. Army Corps of Engineers Corps (USACE). As required by the application, LSA will visit the site and prepare the wetland delineation map (including mapping additional emergent wetland vegetation in the pond) and a report documenting the findings. LSA will submit the delineation map with the permit application. This task does not include a site verification meeting with the USACE.
Task 3: Prepare California Department of Fish and Wildlife Lake or Streambed Alternation Agreement Application
LSA will prepare a CDFW Lake or Streambed Alternation Agreement (LSAA) application on behalf of the City. The application will be submitted via CDFW’s Environmental Permit Information Management System (EPIMS) online portal. A processing fee is required to be submitted with the application. The application fee will be paid by the City and is not included in this budget.
Task 4: Prepare Regional Water Quality Control Board Water Quality Certification Application LSA will prepare a Regional Water Quality Control Board (RWQCB) Water Quality Certification application for submittal to the RWQCB. LSA will schedule and participate in a pre-filing meeting with RWQCB, which needs to be requested at least 30 days prior to the submittal of the permit application. A processing fee is required to be submitted with the application. The application fee will be paid by the City and is not included in this budget.
Task 5: Prepare Mitigation and Monitoring Plan
If required by the regulatory agencies, LSA will prepare a Mitigation and Monitoring Plan for submittal to RWQCB.
Task 6: Project Management, Agency Permit Coordination, and Meetings LSA will attend one meeting with City staff and will attend up to two field meetings with applicable regulatory agency staff. LSA will keep the City apprised of the status of the various permit applications. This proposal assumes no more than 40 hours of the project manager’s time.
LSA will coordinate with Balance and Terraphase regarding their respective tasks. This proposal assumes no more than 40 hours of the project manager’s time for coordination with Balance and Terraphase.
BALANCE HYDROLOGIC TASKS
Work Plan
Balance’s work plan consists of first producing design documents required for submittal to the USACE, CDFW, and RWQCB. These permitting documents, when approved, will serve as the basis to produce construction documents in the second phase of work.
9/11/24 (P:\CYH1801\Admin\LSA proposal\Refugio Valley Park Pond Dredging Proposal 9-11-2024.docx) 3 Task 1. Bathymetric Data Collection and Processing
Using RTK DGPS and sonar, Balance will perform a bathymetric survey of the existing conditions at the pond. The data will be integrated with ground-based survey data and together with both data collected in 2019 and Contra Costa County LiDAR, will serve as the existing topography and starting point for pond dredging plans. All effort will be made to adjust the vertical datum of collected data to the 1980 Design Drawings for the pond. Time under this task also includes setting a minimum of three local benchmarks to aid in future efforts to tie into the project datum.
Task 2. Permitting Document Production
Based on the data collected and processed under Task 1, Balance will update the dredging plans for the pond. This task includes not only the permit document component, but an update to the project quantities and opinion of probable costs. Balance understands that the intention continues to be to return the pond grades to as close to originally constructed conditions as possible. A notable exception to this is where emergent vegetation must be protected for regulatory reasons, and Balance has included time in this task to adjust the design based on newly collected data in this regard.
Task 3. Project Management
Work under this task includes producing construction documents incorporating comments raised during the permitting document production. Balance has allotted time under this task for two submittals: one 90 percent Plan Set, and one final, stamped Plan Set for use by the City in soliciting contractor bids. Balance assumes that there will be minor changes based on City and/or regulatory review for each submittal, but that these comments will not necessitate a change in the overall approach to the design. Estimates of probable cost will be included with each submittal for City review and comment. Additional assumptions are as follows:
• Balance will draft the revegetation plan, but any design work will be completed by others. • Any irrigation plan (if required) will be designed by others. • If a SWPPP is required, the City will contract for that work separately. • All required technical specifications will be in the form of notes on the Construction Documents.
No technical specifications outside the Drawings will be required. Balance will not be responsible for compiling Division 1 specifications, if required by the City for bidding and contracting.
• Bid support and Construction observation services are not included in this proposal. Balance assumes that the level of effort required during these phases will be clearer after further design work and that the City may choose to ask us for an additional proposal at that time.
Task 4. Project Management
Balance has included a modest number of hours for general meetings, document preparation, and invoicing.
9/11/24 (P:\CYH1801\Admin\LSA proposal\Refugio Valley Park Pond Dredging Proposal 9-11-2024.docx) 4 TERRAPHASE TASKS
The City is planning to remove excess accumulated sediment from Refugio Valley Pond in the fall of 2025 by means of dewatering and excavation. It is the preference of the City that excavated sediment may be deposited and spread out in an open space area as cost-cutting measure. For planning purposes, the City is seeking to characterize the estimated 6,300 cubic yards (CY) of sediment prior to dewatering and excavation. Dewatering and excavation activities are to be performed by a contractor.
Task 1: Pre-Field Tasks
A work plan will be prepared to identify proposed sample locations, describe sample collection and handling procedures, and develop appropriate data screening criteria for the desired land use.
Following acceptance of the work plan by LSA, Terraphase will complete the following tasks:
• Schedule staff and sub-contractors (analytical laboratory) • Prepare a Job Hazard Analysis (JHA)
• Obtain sample collection equipment and materials
Task 2: Field Sampling and Laboratory Analysis
Relevant guidance suggests analysis of 13 to 14 samples is appropriate to characterize the estimated 6,300 CY of sediment for either placement as fill or offsite disposal. This quantity of samples is based on the following:
• DTSC Information Advisory Clean Imported Fill Material Fact Sheet (12 samples for first 5,000 CY + 1 sample per each additional 1,000 CY)
• Typical landfill acceptance criteria (1 sample per 500 CY) The planned location for placement of the sediments is not a DTSC-regulated site and disposal of the material at a landfill is not anticipated. Therefore, Terraphase proposes the following value-focused approach:
1. Sediment samples will be collected from 16 discrete locations by means of either an Ekman dredge or 2-inch diameter sampling tube. The samples will be placed in laboratory-supplied glass jars, labeled, and packed in a cooler with ice for transport to the analytical laboratory under chain-of-custody protocols.
2. The analytical laboratory will prepare four composite samples using aliquots of the discrete samples for analysis. (e.g. discrete samples 1 through 4 are combined into composite 1, discrete samples 5 through 8 are combined into composite 2, etc.).
3. Chemical analysis will be conducted on the four composited samples. While not anticipated, should offsite disposal be necessary, the remaining volume of the 16 discrete samples may be analyzed to provide sufficient analytical data for landfill acceptance without the need to collect additional samples.
9/11/24 (P:\CYH1801\Admin\LSA proposal\Refugio Valley Park Pond Dredging Proposal 9-11-2024.docx) 5 Composite samples will be analyzed for the following reported on a dry weight basis:
• Volatile organic compounds (VOCs) and total petroleum hydrocarbons as gasoline (TPH-g) by EPA Method 8260B - Samples for 8260B analysis will not be composited. • Total petroleum hydrocarbons as diesel (TPH-d) and motor oil (TPH-mo) by EPA Method 8015 Modified.
• Semi-volatile organic compounds (SVOCs) using EPA Method 8270D. • Title 22 Metals by EPA Method 6010B/7471A.
• Polychlorinated biphenyls (PCBs) using EPA Method 8082A. • Polynuclear Aromatic Hydrocarbons (PAHs) using EPA Method 8270 SIM. • Pesticides using EPA Method 8081B.
• Total organic carbon (TOC) using Standard Method 5310B. • Moisture content using ASTM D2216.
Task 3: Data Summary
Following receipt of analytical results, Terraphase will prepare a table to summarize the analytical results. The table will screen the data against criteria developed in the work plan or California waste criteria to assist the City with project planning.
SPECIFICATIONS
LSA Assumptions
• This proposal includes one round of revisions due to comments from the City and regulatory agencies.
• This proposal assumes that no wetland verification visit with the USACE will be required. • This proposal assumes no more than 40 hours of meetings and consultation with the regulatory agency representatives.
Terraphase Assumptions
• Access to the work area will be provided during regular work hours and required access will be facilitated by City.
• Laboratory costs included in this proposal assume four composite samples will be analyzed. If a larger volume of sediment is encountered, additional samples may be required at the frequency previously indicated. If additional samples are required, Terraphase will notify LSA for approval of the additional costs prior to collection and analysis. • Laboratory analysis costs included in this proposal assume a 5-day standard turnaround time, from the date the samples are received by the laboratory (generally the day after sampling). If a shorter turnaround time is requested, additional fees will be incurred.
9/11/24 (P:\CYH1801\Admin\LSA proposal\Refugio Valley Park Pond Dredging Proposal 9-11-2024.docx) 6 • Soil is assumed to be non-hazardous waste. Toxicity Characteristic Leaching Procedure (TCLP) and Waste Extraction Test (WET) procedures may be required if the analytical results chemical constituents are above certain thresholds. Costs for these additional analyses are not included.
If the results indicate that these analyses are required, Terraphase will notify LSA for approval of these additional analytical costs prior to authorizing the laboratory to conduct the analyses. • Geotechnical properties are not included in the scope of this proposal. Building over the sediment may be difficult, geotechnical data including sieve analysis and hydrometer testing are recommended to support characterize the sediment for final placement as fill. If the City and LSA decide geotechnical testing is warranted, Terraphase can provide an estimated cost to conduct the additional sampling for LSA approval prior to adding the analysis. • Work will be performed in Level D personal protective equipment.
BUDGET AND TERMS
LSA, Balance, and Terraphase will provide these services on an hourly rate basis consistent with the attached billing rates and cost tables. We estimate a budget of an amount not to exceed $132,101.
This amount consists of $47,900 for LSA’s tasks (Task 1: 4,650; Task 2: $9,060; Task 3: $5,870; Task 4:
$9,410; Task 5: $2,910; Task 6: $16,000), $62,481 for Balance Hydrologics’ tasks (Task 1: $12,670; Task 2: $13,160; Task 3: $32,420; Task 4: $3,860; $371 expenses), and $21,720 for Terraphase’s tasks (Task 1: $4,560; Task 2: $15,350; Task 3: $1,810 [The fee for the laboratory analysis is included in the costs.), including reimbursable expenses, will be sufficient to perform the tasks described in the Scope of Services. The estimated budget will not be exceeded without specific authorization.
Balance has also included an optional 10 percent contingency in their attached proposal.
We look forward to continuing our assistance to the City with this project. Please feel free to contact me if you have any questions.
Sincerely,
LSA Associates, Inc.
Dan Sidle
Associate/Senior Biologist
Attachment: LSA Hourly Billing Rates
LSA Budget Spreadsheet
Balance Hydrologics Proposal (dated September 10, 2024) Terraphase Proposal (dated August 8, 2024)
Terraphase Proposal Time and Materials Cost Estimate
4 MAY 2024
SCHEDULE OF S TANDARD CONTRACT PROVISIONS
AND B ILLING R ATES
W:\Projects\Active\0000 Contract Review Checklist & Related Documents\Contract Redlines. Language and Notes\LSA Standard Contract\2024 Update\StandardContractProvisions_2024.docx
HOURLY BILLING RATES EFFECTIVE MAY 2024
Job Classification
Hourly Rate
Range1,2 Environmental
Planning Transportation Air/Noise
Cultural/
Paleontological
Resources
Biology GIS
Principal Principal Principal Principal Principal Principal $190–$400 Associate Associate Associate Associate Associate Associate $150–$250 Senior Planner
Senior
Transportation
Planner/Engineer
Senior Air Quality/
Noise Specialist/
Noise Engineer
Senior Archaeologist/
Architectural Historian/
Paleontologist
Senior Biologist/
Botanist/Wildlife
Biologist/Ecologist/
Soil Scientist/
Herpetologist/Arborist
Senior GIS
Specialist $130–$235
Planner Transportation
Planner/Engineer
Air Quality/
Noise Specialist/
Noise Engineer/
Climate Change
Specialist
Archaeologist/
Architectural Historian/
Paleontologist
Biologist/Botanist/
Wildlife Biologist/
Ecologist/Soil Scientist/
Herpetologist/Arborist
GIS
Specialist $100–$165
Assistant
Planner
Assistant
Transportation
Planner/Engineer
Air Quality/
Noise Analyst
Field Archaeologist/
Paleontologist
Assistant Biologist/
Botanist/Wildlife
Biologist/Ecologist/
Soil Scientist/
Herpetologist/Arborist
Assistant
GIS
Specialist
$85–$130
Office Services
Marketing $110–$185
Office Assistant $110–$145
Project Accountant $110–$135
Document Management/Technical Editing/Graphics $115–$160 1 The hourly rate for work involving actual expenses in court (e.g., giving depositions or similar expert testimony) will be bi lled at $400 per hour regardless of job classifications.
2 Hourly rates are subject to review at least annually and may be adjusted to reflect changing labor costs at LSA’s discretion .
LSA IN-HOUSE DIRECT COSTS EFFECTIVE MAY 20241
Description Unit Cost Description Unit Cost
Reproduction (8.5 x 11) B/W $0.07 per page Total Station Surveying Instrument $50.00 per day Reproduction (8.5 x 11) Color $0.40 per page Level (Laser or Optical) $25.00 per day Reproduction (11 x 17) B/W $0.10 per page Laser Rangefinder $25.00 per day Reproduction (11 x 17) Color $0.75 per page Sound Meter $75.00 per day CD Production $5.00 per CD Sound Meter with Velocity Transducer $85.00 per day USB Flash Drive $5.00 per drive Aerial Photo Cost
Plotting $3.75 per sq ft GPS Unit $75.00 per day
Aerial Drone $200.00 per day Water Quality Meter $25.00 per day Mileage On-Road Current federal rate Night Vision Goggles $50.00 per unit per night Mileage Off-Road Current federal rate Wildlife Camera $25.00 per day 1 Direct costs shall be reimbursed at cost plus 10 percent.
Refugio Valley Pond Dredging Budget Breakdown LSA
9/11/2024
100% Year 1 $270 $200 $150 $180 $125 $170
Phase 01 Biological Assessment
1.1 Field Survey 2.00 0.25 2.25 $445.00
1.2 Biological Assessment and Bio Supplement 1.00 6.00 16.00 4.00 27.00 $4,150.00
1.00 8.00 0.00 0.25 16.00 4.00 29.25 $4,595.00
Phase 02 USACE Permit and Jurisdictinal Delineation
2.1 Jurisdictional Delineation Survey 1.00 8.00 0.25 9.25 $1,445.00
2.2 Jurisdictional Delineation Figure 1.00 1.00 8.00 8.00 18.00 $3,030.00
2.3 USACE Permit Application 1.00 2.00 31.00 34.00 $4,545.00
2.00 4.00 16.00 0.25 31.00 8.00 61.25 $9,020.00
Phase 03 CDFW Permit
3.1 CDFW Permit Application 1.00 8.00 32.00 41.00 $5,870.00
1.00 8.00 0.00 0.00 32.00 0.00 41.00 $5,870.00
Phase 04 RWQCB Permit
4.1 RWQCB Permit Application 1.00 16.00 32.00 2.00 51.00 $7,810.00
4.2 Pre-filing Meeting 8.00 8.00 $1,600.00
1.00 24.00 0.00 0.00 32.00 2.00 59.00 $9,410.00
Phase 05 Mitigation and Monitoring Plan
5.1 Mitigation and Monitoring Pan 1.00 4.00 12.00 2.00 19.00 $2,910.00
1.00 4.00 0.00 0.00 12.00 2.00 19.00 $2,910.00
Phase 06 Meetings
6.1 Meetings and Coordination 40.00 40.00 $8,000.00
6.2 Coordination with Balance and Terraphase 40.00 40.00 $8,000.00
0.00 80.00 0.00 0.00 0.00 0.00 80.00 $16,000.00
Mileage $45.69
Tolls $15.40
$61.09
$47,866.09
Phase 01 Biological Assessment Subtotal
Subtotal Reimbursable Expenses
Reimbursable Expenses
Total
Principal in Charge
(Dobberteen)
Project Manager
(Sidle)
Senior Biologist
(Schmidt)
Associate Biologist
(Zantzinger)
Technical Specialist
(Various)
GIS (Gallaugher) Total LSA Fees
Phase 05 Mitigation and Monitoring Plan Subtotal
Total LSA Hours
Phase 06 Meetings Subtotal
Phase 02 USACE Permit and Jurisdictinal Delineation Subtotal Phase 03 CDFW Permit Subtotal
Phase 04 RWQCB Permit Subtotal
Integrated Surface and Ground Water Hydrology • Wetland and Channel Restoration • Water Quality • Erosion and Sedimentation • Storm Water and Floodplain Management 800 Bancroft Way • Suite 101 • Berkeley, CA 94710 • (510) 704-1000 931 Mission Street • Santa Cruz, CA 95060 • (831) 457-9900 12020 Donner Pass Road • Unit B1 • Truckee, CA 96161 • (530) 550-9776 www.balancehydro.com • email: [email protected]
Sept
ember 10, 2024
Mr. D
an Sidle
LSA
157 Park Place
Point Richmond, California 94801
Via email: [email protected]
RE: Sco
pe of Work for Assistance with Preparation of Sediment Dredging Plans for the Refugio Valley Park Pond, City of Hercules
Dear Dan Sidle
,
We woul
d like to begin by thanking you for requesting a scope of work from Balance Hydrologics (“Balance”) to provide additional assistance for the Sediment Dredging Project planned for Refugio Valley Park in the City of Hercules (“City”). We understand that some elements of the project have evolved during what has been a multi-year pause in the planning, but that the City is now prepared to take the next steps and move towards construction. We are excited for the opportunity to be a part of this next phase and believe that our team can provide good value to this effort to complete the permitting process and prepare plans, specifications, and cost estimates that will guide the anticipated pond remediation work.
This letter describes the work we believe was requested during our recent meetings and in correspondence with both you and the City.
Work Plan
The broad work under this scope consists of first producing design documents required for submittal to the Army Corps of Engineers, California Department of Fish and Wildlife, and the Regional Water Quality Control Board. These permitting documents, when approved, will serve as the basis for the production of construction documents in the second phase of work.
Task 1. Bathymetric data collection and processing. Using RTK DGPS and sonar, we will perform a
bathymetric survey of the existing conditions at the pond. The data will be integrated with ground-based survey data and together with data previously collected in 2019 and off-the-shelf Contra Costa County LiDAR, will serve as the existing topography and starting point for pond dredging plans. All effort will be made to adjust the vertical datum of collected data to the 1980 Design Drawings for the pond. Time under this task also includes setting a minimum of three local benchmarks to aid in future efforts to tie into the project datum.
Balance Hydrologics, Inc.
Dan Sidle
September 10, 2024
224095 Scope Letter 09-10-2024
Task 2. Permitting document production. Based on the data collected and processed under Task 1, Balance will update the dredging plans for the pond. This task includes not only the permit document component, but an update to the project quantities and opinion of probable costs. We understand that the intention continues to be to return the pond grades to as close to originally constructed conditions as possible. A notable exception to this is where emergent vegetation must be protected for regulatory reasons, and we have included time in this task to adjust the design based on newly collected data in this regard.
Task 3. Construction document production. Work un
der this task includes producing construction
documents incorporating comments raised during the permitting document production. We have allotted time under this task for two submittals: one 90% Plan Set, and one final, stamped Plan Set for use by the City in soliciting contractor bids. We assume that there will be minor changes based on City and / or regulatory review for each submittal, but that these comments will not necessitate a change in the overall approach to the design. Estimates of probable cost will be included with each submittal for City review and comment. Additional assumptions are as follows:
Balance Hydrologics will draft the revegetation plan but any design work will be done by others.
Any ir
rigation plan (if required) will be designed by others.
If a SWPPP is required, the City will contract for that work separately.
All required technical specifications will be in the form of notes on the Construction Documents. No technical specifications outside the Drawings will be required. Balance will not be responsible for compiling Division 1 specifications, if required by the City for bidding and contracting.
Bid support and Construction observation services are not included in this proposal. We assume that the level of effort required during these phases will be more clear after further design work and that the City may choose to ask us for an additional proposal at that time.
Task 4. Project management. We
have included a modest number of hours for general meetings, document preparation, and invoicing.
Schedule and Budget
The a
nticipated budget for this phase of work is summarized in the enclosed budget table. We suggest billing on a time and materials basis not to exceed this value without your prior authorization.
We are prepared to begin bathymetric data collection within 3 weeks of receiving your written authorization to proceed.
Balance Hydrologics, Inc.
Dan Sidle
September 10, 2024
224095 Scope Letter 09-10-2024
Closing
Thank you again for requesting the above work plan. We welcome the opportunity to apply our experience to this project.
Please do not hesitate to contact Balance if you have any questions or comments related to this scope or the work approach suggested.
Sincerely,
BALAN
CE HYDROLOGICS, Inc.
Dana Jepsen
Designer / Hydrologist
Edward D. Ballman, P.E.
Principal Engineer
Encl
osures: Table 1: Anticipated Staff Hours by Task
Table 2: Estimated Costs
Task Number and Description
Principal
Project
Professional
Sr. Staff
Professional
Staff
Professional
GIS/CADD
Senior Analyst
Sr. Proj Admin
Report Specialist
Labor Costs For
Task
Hourly Rate $245 $195 $190 $170 $155 $145 $105
2 12 36 24 $12,670.00
4 8 12 54 2 $13,160.00
8 32 24 124 2 6 $32,420.00
2 10 2 6 2 $3,860.00
16 62 74 202 8 10
Task 1. Bathymetric data collection and processing
Task 2. Permitting document production
Task 3. Construction document production
Task 4. Communications and project management
Subtotal Hours
Total Hours
Notes: TOTAL LABOR $62,110.00
Expenses (mileage, bathymetric survey equipment) $370.96 GRAND TOTAL $62,480.96
Table 1. Anticipated Staff Hours by Task
224095 Refugio Valley Park Sediment Removal
224095 Budget Table 2024-09-10, Table 1, 9/10/2024 ©2023-24 Balance Hydrologics, Inc.
Professional Fees Rate Hours Allocation
Sr. Principal $270 0 $0.00
Principal $245 16 $3,920.00
Senior Professional $210 0 $0.00
Project Professional $195 62 $12,090.00
Senior Staff Professional $190 0 $0.00
Staff Professional $170 74 $12,580.00
Assistant Professional $155 0 $0.00
Junior Professional $140 0 $0.00
GIS/CADD Senior Analyst $155 202 $31,310.00
GIS/CADD Analyst $145 0 $0.00
Senior Project Administrator $145 8 $1,160.00
Senior Report Specialist $120 0 $0.00
Report Specialist $105 10 $1,050.00
Hydrologic Technician $105 0 $0.00
Labor Subtotal (Table 1) $62,110.00
Expenses
Direct Expenses
Mileage 168 miles @ $0.72 $120.96
Mileage, 4-Wheel Drive* miles @ $0.75 $0.00
Vehicle Rental $0.00
Equipment Costs (bathymetric survey) $250.00
Per Diems @ $0.00
Reimbursable Costs
Other Travel, Subsistence trips @ $0.00
Express Mail, Deliveries $0.00
Maps and Aerial Photos $0.00
Outside Copying, Blueprint $0.00
Outside Consultants $0.00
Analytical Laboratory Fees $0.00
Materials and Supplies $0.00
Permits, Licenses or Agency Inspection fees client responsibility $0.00 Printing+
$0.00
Other $0.00
Expenses Subtotal $370.96
ESTIMATED TOTAL $62,480.96
Notes TOTAL w/ CONTINGENCY $68,729.06
* 4WD rates apply only if required by site conditions. See Balance policy re 4WD. +Plotting costs vary according to complexity of design
Project-related expenses will be billed at cost plus 10%; including work by outside consultants and analytical or testing laboratories. 224095 Refugio Valley Park Sediment Removal
Table 2. Estimated Costs
224095 Budget Table 2024-09-10, Table 2, 9/10/2024 ©2023-24 Balance Hydrologics, Inc.
1300 Clay Street, Suite 1000 | Oakland, California 94612 | www.terraphase.com August 8, 2024
Mr. Dan Sidle
LSA Associates, Inc.
157 Park Place
Point Richmond, California 94801
sent via email to [email protected]
Subject: Proposed Sampling and Analysis of Refugio Valley Pond Sediments for Reuse or Disposal Dear Mr. Sidle:
Terraphase Engineering Inc. (Terraphase) has prepared this proposal at the request of LSA Associates, Inc. (LSA) to perform sampling and analysis of sediment to be excavated from Refugio Valley Pond, Hercules, for environmental characterization of the material. We understand that the City of Hercules (the City) is evaluating options for reuse of the sediment but that disposal at a landfill may be warranted dependent on the characterization.
Scope of Work
Refugio Valley Pond is a concrete lined pond located southeast of the intersection of Refugio Valley Road and Sycamore Avenue, Hercules, California. The City is planning to remove excess accumulated sediment from Refugio Valley Pond in the fall of 2025 by means of dewatering and excavation. It is the preference of the City that excavated sediment may be reused as fill at a local Parks and Recreation facility. For planning purposes, the City is seeking to characterize the estimated 6,300 cubic yards (CY) of sediment prior to dewatering and excavation.
Dewatering and excavation activities are to be performed by Balance Hydrologics, Inc. (Balance).
Task 1: Pre-Field Tasks
Prior to performing the sediment sampling, Terraphase will coordinate with LSA and Balance to identify and resolve any logistical challenges (e.g., site access, scheduling).
A work plan will be prepared to identify proposed sample locations, provide methods to access the sample locations, describe sample collection and handling procedures, and develop appropriate data screening criteria for the desired land use. Following acceptance of the work plan by LSA, Terraphase will complete the following tasks:
• Schedule staff and sub-contractors (analytical laboratory); • Prepare a Job Hazard Analysis (JHA);
• Obtain sample collection equipment and materials.
Task 2: Field Sampling and Laboratory Analysis
Relevant guidance suggests analysis of 13 to 14 samples is appropriate to characterize the estimated 6,300 CY of sediment for either placement as fill or offsite disposal. This quantity of samples is based on the following:
• DTSC Information Advisory Clean Imported Fill Material Fact Sheet (12 samples for first 5,000 CY + 1 sample per each additional 1,000 CY)
• Typical landfill acceptance criteria (1 sample per 500 CY) August 8, 2024
Mr. Dan Sidle
Proposed Sampling and Analysis of Refugio Valley Pond Sediments for Reuse or Disposal
The planned location for placement of the sediments is not a DTSC-regulated site and disposal of the material at a landfill is not anticipated. Therefore, Terraphase proposes the following value-focused approach:
1. Sediment samples will be collected from 16 discrete locations by means of either an Ekman dredge or similar sampling device. The samples will be placed in laboratory-supplied glass jars, labeled, and packed in a cooler with ice for transport to the analytical laboratory under chain-of-custody protocols.
2. The analytical laboratory will prepare four composite samples using aliquots of the discrete samples for analysis. (e.g. discrete samples 1 through 4 are combined into composite 1, discrete samples 5 through 8 are combined into composite 2, etc.)
3. Chemical analysis will be conducted on the four composited samples. While not anticipated, should offsite disposal be necessary, the remaining volume of the 16 discrete samples may be analyzed to provide sufficient analytical data for landfill acceptance without the need to collect additional samples.
Composite samples will be analyzed for the following reported on a dry weight basis:
• Volatile organic compounds (VOCs) and total petroleum hydrocarbons as gasoline (TPH-g) by EPA Method 8260B – Samples for 8260B analysis will not be composited • Total petroleum hydrocarbons as diesel (TPH-d) and motor oil (TPH-mo) by EPA Method 8015 Modified • Semi-volatile organic compounds (SVOCs) using EPA Method 8270D • Title 22 Metals by EPA Method 6010B/7471A
• Polychlorinated biphenyls (PCBs) using EPA Method 8082A • Polynuclear Aromatic Hydrocarbons (PAHs) using EPA Method 8270 SIM • Pesticides using EPA Method 8081B
• Total organic carbon (TOC) using Standard Method 5310B • Moisture content using ASTM D2216
Task 3: Data Summary
Following receipt of analytical results, Terraphase will prepare a table to summarize the analytical results. The table will screen the data against criteria developed in the work plan or California waste criteria to assist the City with project planning.
Assumptions
Terraphase has made the following assumptions in preparing this cost estimate:
• Access to the work area will be provided during regular work hours. • Laboratory costs included in this proposal assume four composite samples will be analyzed. If a larger volume of sediment is encountered, additional samples may be required at the frequency previously indicated. If additional samples are required, Terraphase will notify LSA for approval of the additional costs prior to collection and analysis.
• Laboratory analysis costs included in this proposal assume a 5-day standard turnaround time, from the date the samples are received by the laboratory (generally the day after sampling). If a shorter turnaround time is requested, additional fees will be incurred.
August 8, 2024
Mr. Dan Sidle
Proposed Sampling and Analysis of Refugio Valley Pond Sediments for Reuse or Disposal
Terraphase Engineering Inc. Page 3 of 4
• Soil is assumed to be non‐hazardous waste. Toxicity Characteristic Leaching Procedure (TCLP) and Waste Extraction Test (WET) procedures may be required if the analytical results chemical constituents are above certain thresholds. Costs for these additional analyses are not included. If the results indicate that these analyses are required, Terraphase will notify LSA for approval of these additional analytical costs prior to authorizing the laboratory to conduct the analyses.
• Geotechnical properties are not included in the scope of this proposal. Building over the sediment may be difficult, geotechnical data including sieve analysis and hydrometer testing are recommended to support characterize the sediment for final placement as fill. If the City and LSA decide geotechnical testing is warranted, Terraphase can provide an estimated cost to conduct the additional sampling for LSA approval prior to adding the analysis.
• Work will be performed in Level D personal protective equipment.
Cost Estimate
Terraphase will perform these activities on a time and materials basis as requested by LSA. The following cost estimate is summarized by Task and provides a Total Request amount:
Task 1: Pre-Field Tasks $ 4,560
Task 2: Field Sampling and Laboratory Analysis $ 15,350 Task 3: Data Summary Table $ 1,810
Total $ 21,720
Terraphase will not exceed this authorized amount without prior written approval of LSA. We will perform the work under mutually agreeable terms between Terraphase and LSA and the attached 2024 standard schedule of charges.
Closing
Terraphase is grateful for the opportunity to offer our services on this project. If you have any questions or comments regarding this submittal, please contact Chris Jones at 510-645-1850 x48.
Sincerely,
for Terraphase Engineering Inc.
Chris Jones, PE (C89316)
Associate Engineer
August 8, 2024
Mr. Dan Sidle
Proposed Sampling and Analysis of Refugio Valley Pond Sediments for Reuse or Disposal
Acceptance of Proposal
The cost, specifications, and conditions outlined herein are satisfactory and are hereby accepted. Terraphase is authorized to proceed with the work, as specified.
This proposal is hereby accepted by a duly authorized representative of the Client to whom it is addressed:
Signature: Date:
Printed Name:
Title:
2024 Standard Schedule of Charges
Labor Classification Hourly Rate
Senior Principal $303
Principal Engineer/Scientist $286
Senior Associate Engineer/Scientist $266
Associate Engineer/Scientist $250
Senior Project Engineer/Scientist $235
Project Engineer/Scientist $219
Senior Staff 2 Engineer/Scientist $202
Senior Staff 1 Engineer/Scientist
Staff 2 Engineer/Scientist
$183
$164
Staff 1 Engineer/Scientist $144
Senior Technician
Technician 3
Technician 2
$149
$129
$109
Technician 1 $91
Senior Editor/Senior Project Coordinator
Editor 2/Project Coordinator 2/Accountant 2
Editor 1/Project Coordinator 1/Accountant 1
$158
$140
$117
Administrator/Project Assistant/Billing Specialist $98
Labor Charges
All time will be recorded and charged to nearest 0.1 hour. Expert testimony at trials, hearings and depositions will be billed at 150% of the standard hourly rate. For each day when testimony is provided, a minimum of 8 hours will be billed. Preparatory time will be billed at standard rates.
Expenses
Subcontractor fees and other direct costs, such as air travel, project supplies and rental equipment, etc. will be itemized and billed at our cost plus a fifteen percent handling charge. Vehicle mileage when itemized is billed at the standard government rate in effect at the time of travel (www.gsa.gov/mileage).
Payment
Payment is to be made to Terraphase Engineering Inc. as follows:
Check Payments: Wire/ACH Payments:
Terraphase Engineering Inc.
P.O. Box 102399
Pasadena, CA 91189-2399
Terraphase Engineering Inc.
JPMorgan Chase Bank
Account Number 217693099
Routing Number 322271627
Payment is due within 30 days of receipt of invoice. A service charge of 1.5% per month or the allowable legal rate may be charged on amounts that are past due for more than 30 days.
Annual Escalation
Rates are subject to revision by annual calendar year escalation in January. Rates on invoices will reflect rates in effect at time of invoicing.
Table 1 - Time and Materials Cost Estimate
LSA Associates
Refugio Valley Park Pond Sediment Charaterization
Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost
Senior Principal Hour 303.00$ 2 606$ -$ 1 303$ -$ 3 909$ Principal Hour 286.00$ 2 572$ -$ -$ -$ 2 572$ Senior Associate Hour 266.00$ -$ -$ -$ -$ 0 -$ Associate Hour 250.00$ 4 1,000$ 2 500$ 2 500$ -$ 8 2,000$ Senior Project Hour 235.00$ 8 1,880$ -$ 2 470$ -$ 10 2,350$ Project Hour 219.00$ -$ -$ 2 438$ -$ 2 438$
Senior Staff 2 Hour 202.00$ 2 404$ 20 4,040$ -$ -$ 22 4,444$ Senior Staff 1 Hour 183.00$ -$ 20 3,660$ -$ -$ 20 3,660$ Staff 2 Hour 164.00$ -$ -$ -$ -$ 0 -$
Staff 1 Hour 144.00$ -$ -$ -$ -$ 0 -$
Administrator/Project Assistant/Billing Specialist Hour 98.00$ 1 98$ 1 98$ 1 98$ -$ 3 294$ Total Terraphase Labor 4,560$ 8,298$ 1,809$ -$ 14,667$ Enthalpy - Composite Fee (4 -> 1) each 30.00$ -$ 5 150$ -$ -$ 5 150$ Enthalpy - EPA 8015B TPH-d + TPH-o each 60.00$ -$ 5 300$ -$ -$ 5 300$ Enthalpy - EPA 8081 Pesticides each 100.00$ -$ 5 500$ -$ -$ 5 500$ Enthalpy - EPA 8082 PCBs each 80.00$ -$ 5 400$ -$ -$ 5 400$ Enthalpy - EPA 8260 TPH-gro each 55.00$ -$ 5 275$ -$ -$ 5 275$ Enthalpy - EPA 8260 Volatile Organics each 95.00$ -$ 7 665$ -$ -$ 7 665$ Enthalpy - EPA 8270 SIM PAHs each 140.00$ -$ 5 700$ -$ -$ 5 700$ Enthalpy - EPA 8270 SVOCs each 175.00$ -$ 5 875$ -$ -$ 5 875$ Enthalpy - EPA 9060 TOC each 75.00$ -$ 5 375$ -$ -$ 5 375$ Enthalpy - ASTM D2216 each 20.00$ -$ 5 100$ -$ -$ 5 100$ Enthalpy - Container Disposal Fee each 8.00$ -$ 16 128$ -$ -$ 16 128$ Enthalpy - Terra Core Kit each 20.00$ -$ 5 100$ -$ -$ 5 100$ Pine AMS Dredge Soil Sampler day 50.00$ -$ 2 100$ -$ -$ 2 100$ Total Subcontractor Costs -$ 4,668$ -$ -$ 4,668$
EXAMPLE ROW - Mailing event 200.00$ -$ -$ -$ -$ 0 -$ Total Other Direct Costs -$ -$ -$ -$ -$
Direct Cost Handling 15% -$ 700$ -$ -$ 700$
Total Direct Costs -$ 5,368$ -$ -$ 5,368$
Truck/Vehicle (day) Day 196.00$ -$ 4 784$ -$ -$ 4 784$ IPad and Electronic Field Data (day) Day 38.00$ -$ 2 76$ -$ -$ 2 76$ Daily Consumables (includes gloves, ziplock bags and
trash bags) Each 23.00$ -$ 2 46$ -$ -$ 2 46$
Field Health and Safety and Decon Supplies (daily
fee) Day 32.00$ -$ 4 128$ -$ -$ 4 128$
Terraphase Raft Day 279.00$ -$ 2 558$ -$ -$ 2 558$ Rope - 100ft length Roll 23.00$ -$ 4 92$ -$ -$ 4 92$ Total Terraphase Equipment/Supplies (ERS) -$ 1,684$ -$ -$ 1,684$ Total Estimated Project Unit Costs 4,560$ 15,350$ 1,809$ -$ 21,719$ Notes:
Category Units
2024
Standard
Rate
Labor
Direct Costs
Subcontractor
Other Direct Costs
Terraphase Equipment/Supplies (ERS)
Task 2: Field
Sampling and
Laboratory
Task 3: Data
Summary TOTALSTask 1: Pre-Field
Tasks Task 4:
Terraphase Engineering Inc. Page 1 of 1