HomeMy WebLinkAboutPW1990-0150 - Original - Sweet-Edwards Emcon, Inc. - KENT SEWAGE LAGOON SITE ASSESSMENT - 05/23/1990 CONTRACT FOR ENGINEERING SERVICES
BETWEEN THE CITY OF KENT AND
SWEET-EDWARDS/EMCON, INC.
ARTICLE 1 - RELATIONSHIP OF THE PARTIES AND GENERAL PROVISIONS
1. 1 The City of Kent, Washington, a municipal corporation,
hereinafter referred to as the "City" , employs Sweet-
Edwards/Emcon, Inc. hereinafter referred to as the
Consultant, to perform the scope of work described herein.
The City acknowledges that the Consultant is a Washington
State corporation organized and operated under the laws of
the State of Washington.
1. 2 The parties to this Agreement understand that the Consultant
services are engineering services provided to the City for
the purpose of site contamination assessment at the old Kent
Sewage Lagoons. The Consultant will act as an independent
contractor. The Consultant also agrees to provide
consultation and advice to the City on project related
alternatives and system feasibility.
1. 3 The parties to this Agreement each bind themselves, their
partners, successors, executors, administrators, and assigns
to the other party to this Engineering Agreement.
1. 4 All materials, workups, notes, data files, computer tapes,
mylar original maps, film negatives, reports, calculations,
analyses and any and all other data and information
generated by the Consultant including agents and
subcontractors, under this Agreement shall be the property
of the City. Any reuse of these materials, data and
information by the City or their agents not occurring as a
part of this Agreement shall be without liability to Kent.
The Consultant may retain copies for their own use
throughout the period of this Agreement. Any computer data
and files created by the Consultant under this agreement
also constitutes property of the City and shall be stored
at the Consultant's office in Washington and made available
upon reasonable request by the City of Kent for the purpose
of editing, modifying, and updating as necessary until such
time as the City is capable of storing such information at
the City. At the City's request, it shall be afforded any
duplicate copies of the above-described information at
reasonable cost to the City.
1. 5 The City and the Consultant agree that in all matters
relating to this Agreement, the City and the Consultant
shall have no right, power or authority to create any
obligation, expressed or implied, on behalf of each other,
and shall have no authority to represent each other as
agents. However, the City reserves the right to direct the
Consultant to represent the interests of the City at
meetings and interagency briefings in performing duties
under the Scope of Work provisions below. The Consultant
shall not be an employee of the City.
1. 6 The City warrants the accuracy of any information supplied
by it to the Consultant; the Consultant acknowledges that
the Consultant will not verify the accuracy of such
information, and agrees that the Consultant is entitled to
rely upon any such information.
ARTICLE 2 - CONTRACT PERIOD
2 . 1 It is the intent of the parties that the services provided
in this Agreement shall continue for the duration of project
completion as detailed in the Scope of Work provisions at
Article 4 below. This Agreement for contract services
between the City and the Consultant shall begin on execution
of the Agreement and expire on completion or acceptance of
project by the City unless mutually extended by written
agreement of the parties.
2 . 2 The right is reserved by either party to terminate this
Agreement at any time upon not less than sixty (60) days
written notice. In the event of termination of the
Agreement for any reason provided for under this Article,
the City of Kent agrees to pay the Consultant upon
submission of all invoices for its services rendered and
expenses incurred to the effective date of such termination.
2 . 3 In the event of the death of any project team member, the
Consultant shall complete the work as required under this
Agreement. In the event this Consultation Agreement is
terminated prior to completion during any permit year,
original copies of the Consultant reports, drawings, prints,
plans, field notes, specifications and any and all other
documents and recordings prepared by the Consultant pursuant
to this agreement shall be delivered to the City of Kent
upon its written request at no further cost to the City.
2 . 4 In the event this Agreement is terminated prior to
completion of work, a final payment shall be made to the
Consultant. This final payment, when added to all payments
previously made, shall compensate the Consultant for all
services rendered and incurred to the effective date of such
termination.
ARTICLE 3 - PAYMENT FOR SERVICES
3 . 1 For services furnished, the City of Kent shall pay the
Consultant an amount based on the attached "Schedule of
Fees" , incorporated by reference herein. Billing rates are
adjusted annually.
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3 . 2 On the basis of the Scope of Work outlined and prioritized
in Article 4 below, the maximum amount to be paid by the
City under this Agreement shall not exceed $60, 000 without
the prior written authorization of the City in the form of
a negotiated and executed supplemental agreement.
3 . 3 In the event that Scope of Work is modified or changed so
that more or less work or time is required by the Consultant
and such modification is agreed to by the City and the
Consultant the payment for services and maximum contract
amount shall be adjusted accordingly upon agreement of the
parties.
3 .4 The Consultant shall submit monthly progress invoices to the
City and a final bill shall be submitted upon completion of
the services. Within thirty (30) days after receipt of an
invoice, the City shall pay the full amount of the invoice.
If the City objects to all or any portion of any invoice,
it shall so notify the Consultant of the same within fifteen
(15) days from the date of receipt of said invoice and shall
pay that portion of the invoice not in dispute, and the
parties shall immediately make every effort to settle the
disputed portion of the invoice. If the City fails to make
payment within thirty (30) days after receipt of an invoice,
then the City shall pay an additional monthly service charge
of one and one-half percent (1-1/2%) on all such amounts
outstanding. The additional charge shall not apply to any
disputed portion of any invoice resolved in favor of the
City. In the event that all or any portion of the 1-1/2%
service charge provided for herein is deemed to be an
interest charge, then and in that event said interest charge
shall be limited to the maximum amount legally allowed by
law.
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3 . 5 The event of delays or failures of performance of the
Consultant caused by circumstances beyond its control as
agreed to by the City. The maximum fee established under
this Agreement and time allowed for performance shall be
equitably adjusted, and such delays or failures shall not
constitute a default or give rise to any claim against the
Consultant.
3 . 6 Records of reimbursable expenses pertaining to additional
services and services provided pursuant to the Scope of Work
provisions contained in Article 4 shall be kept on the basis
of generally accepted accounting principles and shall be
available in a timely manner to the City or the City' s
authorized representative at a mutually convenient time.
ARTICLE 4 - PRIORITIZED SCOPE OF WORK
4 . 1 The Scope of Work shall specifically include the work
detailed in the articles below.
[PROVIDE DETAILED SCOPE OF WORK]
See Attachment A - Scope of Work
4 .2 Provide letter type report, reporting results of the
investigation including tabulation of all field data and
discussion of results.
COST NOT TO EXCEED $60, 000
(Including State Sales Tax
if any required)
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ARTICLE 5_- CONTRACT REPRESENTATIVES
5. 1 The following authorized representatives are hereby
designated as contact persons for administration of this
Engineering Agreement:
Don Wickstrom Director of Public Works
Suzan Amundsen, Water Ouality Engineer
5. 2 Communications and contacts with the City or the Consultant
which affect the contract cost, fee, schedule, scope of
services or other contract terms and conditions shall be
made only with the contacts named above. No changes to this
contract will be binding upon the City of the Consultant
unless incorporated in a written modification to the
contract and signed by both parties. The effort set forth
in the Scope of Work shall be performed under the general
direction of the City' s representatives described above and
in a manner consistent with accepted engineering practice.
Any communications in the technical direction which shall
affect the Scope of Work shall be submitted by the
Consultant to the City in writing. When in the Consultant' s
opinion, any directive from the City constitutes a change
to this Agreement, the City shall be notified immediately
for authorization of any such change. The Consultant shall
perform in accordance with this Agreement as written until
such authorization for change is granted by the City' s
contractual representative. Any such additional services
resulting from a change to the Contract Agreement shall be
paid for by the City as provided for in this Agreement.
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ARTICLE 6 - APPLICABLE STATE LAW AND COMPLIANCE
6. 1 This Contract shall be governed and construed in accordance
with the laws of the State of Washington. The Consultant
agrees to comply with all applicable provisions of any
federal, state or local law or ordinance, including any
orders, rules and regulations issued thereunder.
ARTICLE 7 - EQUAL OPPORTUNITY
7. 1 The Consultant will not discriminate against any employee
or applicant for employment because of age, race, color,
marital status or the presence of any sensory, mental or
physical handicap, sex, or national origin.
ARTICLE 8 - CONTRACTOR DUTIES
8 . 1 The Consultant shall carry insurance coverage in the amount
of Five Hundred Thousand Dollars ($500, 000. 00) on maps,
drawings, specifications, computer files and other valuable
information against loss by fire, damage, destruction and
theft, until all the work contemplated by this Agreement has
been completed and given to the City. The cost of such full
coverage shall be included in the basic fee as set forth in
this Agreement.
8 . 2 The Consultant agrees to defend, indemnify and hold harmless
the City, its elected officials, appointed officials, and
employees from and against any and all claims, demands, and
causes of actions of any kind or character whatsoever,
arising as a result of the consultant' s employees' or third
parties' claims of alleged personal injuries, death, or
damage to their persons or property to the extent caused by
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negligent acts, errors, or omissions of the Consultant
and/or its agents, subcontractors, employees, or
representatives; provided that no duty to defend, indemnify
and hold harmless shall arise by reason of the sole
negligence of the City of Kent or determined by a trier of
fact. The City of Kent agrees to defend, indemnify and hold
harmless the Consultant its partners, officers, employees
and subcontractors from all claims, expenses and liability,
following operation of applicable rights of contributions,
to the extent caused by negligent acts, errors or omissions
of the City and its employees, and subcontractors, except
the consultant including any claims made by employees of the
City.
8. 3 The Consultant shall maintain comprehensive general
liability insurance covering the work to be performed under
this Agreement and naming the City as a co-insured with
limits of at least one million dollars ($1, 000, 000) and
professional liability insurance of one million dollars
($1, 000, 000) . A certificate of insurance as evidence of
coverage will be provided to the City upon execution of this
Agreement. The City will be provided notification of any
changes to the said certificate within fifteen (15) days of
change. Any cost associated with such coverage is included
in the Consultant' s basic fee and not chargeable to the
City.
8 . 4 The Consultant represents that the services furnished under
this Agreement will be in accordance with generally accepted
professional practices in effect at the time such services
are performed. Estimates of cost of equipment, construction,
ownership or operation furnished by the Consultant shall be
the Consultant's opinion based upon its professional
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judgment and experience. The Consultant makes no other
representation or warranty, express or implied.
ARTICLE 9 - CONTRACT INTERPRETATION AND DISPUTES
9 . 1 Any dispute arising under this Agreement shall be determined
by arbitration and such dispute or controversy shall be
judged pursuant to the rules and procedures of the American
Arbitration Association. The judgment of such arbitration
shall be final and binding upon the parties. Attorney's
fees and costs may be awarded by the arbitrator upon a
finding that a party has substantially prevailed on the
majority of disputed issues on matters before or submitted
to the arbitrator.
9 . 2 Upon acceptance of this Agreement, the City and the
Consultant agree that the provisions of this Contract
including any and all documents incorporated by reference
herein, including any written amendments, shall constitute
the entire Agreement between the parties hereto, and shall
supersede any and all prior oral and written agreements
relating to the subject matter hereof. This Contract may
not be modified or terminated verbally, and no modification
or claimed waiver of any of the provisions hereof shall be
binding unless made in writing and signed by the party
against whom such modification or waiver is sought to be
enforced.
ARTICLE 10 - PUBLIC INFORMATION
10 . 1 The Consultant shall not issue any statements or other
releases of information for public dissemination without the
prior approval of the City of Kent.
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IN CONSIDERATION OF THE FOREGOING TERMS AND CONDITIONS, THE
PARTIES HAVE ENTERED INTO THIS AGREEMENT EFFECTIVE THIS3
DAY OF 19
CITY OF KENT
220 Fourth Ave. S.
Kent, Washington 98032
By:
Dan Kelleher, Mayor L Fortier,"President
Sweet-Edwards/EMCON
Approved/,-pLs to form:
By: \_
Sand a Driscoll
City Attorney
ATTEST:
M e-r ri-non e i 1
Brenda -,sober, OcP �y r�lerr6C
683-90
10
ATTACHMENT A
KENT SEWAGE LAGOONS SITE INVESTIGATION
SCOPE OF WORK/COST ESTIMATE/SCHEDULE
MAY 18, 1990
INTRODUCTION
Sweet-Edwards/EMCON, Inc. (SE/E) has prepared the enclosed scope of
work, cost estimate, and schedule for conducting a site investigation at the
Kent Sewage Lagoon's site located near the Green River. The scope of
work will be implemented in five tasks. The total costs for conducting the
investigation is $60,000. A break-down of costs by task has been provided
in the submittal. The schedule includes a listing of submittal/project
activities, and submittal dates.
Task 1 Plan Development
SE/E will develop a sampling and analysis plan/quality assurance project
plan, and health and safety plan for the site investigation. The sampling and
analysis plan/quality assurance project plan will be prepared following
regulatory requirements established by Washington Department of Ecology
(Ecology) and U.S. Environmental Protection Agency (EPA), and include,
but not be limited to sampling locations, types of samples, number of
samples, sampling methods, analytical methods, quality control
requirements, and decontamination procedures. The health and safety
plan will be prepared following OSHA requirements for waste site work, and
will include, but not be limited to personal protection procedures (e.g.,
respiratory protection, decontamination procedures) to protect worker
health. The plan will be submitted to the City of Kent for review. Upon
receipt of comments from the City of Kent, SE/E will then finalize the plans.
Task 2 Site Investigation/Sampling
SE/E will conduct sludge and ground water quality sampling at the site.
The proposed numbers, locations, and types of samples are as follows:
536/KENT-C2.518/ch:1(wp) Rev. 0,05/18/90
W27-01.01 1
• Eight sludge samples in Lagoon 1 and 2. Samples will be analyzed
for MTCA metals and PCBs.
• Eight sludge samples in Lagoon 3. Samples will be analyzed for
MTCA metals and PCBs.
• Twenty sludge samples total in the North Lagoon (ten
locations—two depths). Samples will be analyzed for MTCA metals,
PCB/pesticides, volatile organic compounds (VOC), and semi-
volatile organic compounds (Semi-VOC).
• Installation of new MW-4 (drive point) ground water monitoring well.
Samples will be analyzed for MTCA metals, PCB/pesticides, VOC,
Semi-VOC at two ground water monitoring wells (MW-3 and MW-4).
Task 3 Data Analysis/Evaluation
SE/E will send the samples to our certified laboratory for analysis. Upon
receipt of the analytical results, SE/E will conduct an evaluation of data to
determine if the data have met data quality requirements established by
EPA. Data results will be verbally reported to the City of Kent prior to report
preparation.
Task 4 Report Preparation
SE/E will prepare a letter report summarizing the findings of the
investigation. The report will include a description of the field investigation
procedures and site conditions, an analysis of the analytical data, a
summary of the investigation findings, and recommendations.
Task 5 Meeting Support/Administration
SE/E will meet with the City of Kent during the project as required, provide
project support, and attend a public meeting if requested. For cost
estimating purposes, SE/E has projected time and preparation for two
4-hour meetings.
5W/IB4T-CE.518/me:3(WP) Rev.0,05/18/90
W27-01.01 2
COST ESTIMATE
Kent Sewage Lagoons
Site Investigation Cost Estimate
May 17, 1990
Task 1 Plan Development $ 6,500
Task 2 Site Investigation/Samplings 11,000
Task 3 Data Analysis/Evaluation 33,000
Task 4 Report Preparation 7,500
Task 5 Meeting Support/Administration 2,000
Total $ 60,000
a The cost estimate does not include survey services. SE/E has assumed that
survey services will be provided by the City of Kent's contractor.
PROPOSED SCHEDULE
The proposed project schedule is as follows:
Activity/De live rable Date
Project Notice To Proceed May 21, 1990
Submittal of Project Plans to City of Kent May 30, 1990
Comments on Plans from City of Kent' June 1, 1990
Sampling Location Survey' to be coordinated
and scheduled by the City of Kent May 30, 1990
Commence Field Activities June 5, 1990
Verbal Notification of Sampling Results June 29, 1990
Draft Site Investigation Report July 15, 1990
Final Site Investigation Report 10 days after receipt
of comments from
City of Kent
' If comments are not received from the City of Kent by the scheduled date or the
surveyor cannot be scheduled as identified, new submittal dates for all subsequent
activities and deliverables will need to be renegotiated with the City of Kent.
536/TENT-CE.518/me:3(wp) Rev.0,05/18/90
w27-01.01 3
Attachment B
Swmet-Edward EMCON, Inc.
18912 North Creek Parkway,Suite 210
Bothell,Washington 98011
(206)485-5000
FAX(206)486-9766
SCHEDULE OF FEES
1. SERVICE OF PERSONNEL Rate Per Hour
Professional:
Regional/Branch Manager 80.00 - 110.00
Executive Manager/Project Manager 70.00 - 95.00
Sr. Engineer/Geologist/Chemist 60.00 - 75.00
Project Engineer/Geologist/Chemist 60.00 - 70.00
Staff Engineer/Geologist/Chemist 40.00 - 69.00
Certified Indust. Hygienist/Indust. Hygienist 50.00 - 75.00
Technical:
Engineer/Geology Technician 35.00 - 55.00
Industrial Hygiene/Field Technician 30.00 - 50.00
Drafting 35.00 - 55.00
Technical Writer 35.00 - 50.00
Administrative:
Contract Administrator 35.00 - 50.00
Word Processor/Clerical 25.00 - 40.00
Notes: A. Travel time after 50 miles or 1 hour per trip at 50% of above.
B. Expert testimony in deposition/trial at 150% of above rates.
2. DIRECT EXPENSES
Actual direct expenses associated with performing services such as: fares on public carriers, rented
vehicles, meals, lodging, long distance communications, special supplies, computer service costs,
reproduction and expendable materials at cost plus 10%.
Mileage of Consultant and employee owned vehicle at $0.38/mile.
Use of Consultant owned microprocessors: word processing, $7.50/hour; data entry, $15.00/hour;
computations/modeling/CADD, $20.00/hour.
3. SUBCONTRACTS AND EQUIPMENT RENTAL
Subcontract services and equipment rentals at cost plus 15%.
4. SPECIAL EQUIPMENT
Rates for Consultant owned equipment at a fixed daily, weekly or monthly rate per "Standard Equipment
Rates" on the reverse.
5. RATE CHANGES
Schedule of Fees and Standard Equipment Rates subject to change without notice.
6. PAYMENT
Monthly invoices are to be paid within 30 days from the invoice date. Interest on late payments will be
at 18% per annum.
CONT1/FEES-90.510/kmcp Rev.8, 05/10/90
A subsidiary of EMCON Associates Printed on Recycled Paper
STANDARD EQUIPMENT RATES
Rate
1. SAFETY EQUIPMENT:
Level of Protection:
"D" - Gloves, hard hat, eye protection, & disposable suit $ 20.00/day
"C2" - Above plus respirator 40.00/day
"Cl" - Above plus chemical suit 80.00/day
"B" - Above plus SCBA 125.00/day
Explosive meter 102 def., toxic, combust.) 100.00/wk
Gas Tech NP204 15.00/day
Gas Tech 1939-OX 30.00/day
Photovac meter 50.00/day
0 VA-88 60.00/day
Combustible gas/02 meter 30.00/day
2. MONITORING AND SAMPLING EQUIPMENT:
Peristaltic pump $ 30.00/day
Large peristaltic pump and generator 50.00/day
Centrifugal pump for pore volume removal 25.00/day
Submersible Win.) pump with generator for pore vol. removal 50.00/day
Middleberg pump (e.g. Well Wizard) 50.00/day
Draeger/Sensidyne pump (doesn't include tubes) 15.00/day
Stainless steel or Teflon bailer 10.00/day
Bailing reel and tripod 15.00/day
Electric depth probe (e.g. Actat) 10.00/day
Field gas chromatograph w/back flush 1000.00/mo
Field lab trailer 500.00/mo
Conductivity meter (e.g. Chemtrix, Cole Parmer) 10.00/day
Data logger/transducer 100.00/day
Transducer with cable (assumes reusable) 50.00/day
Current meter (e.g. Swoffer) 50.00/day
pH meter (e.g. Yokogawa, Beckman) 20.00/day
Continuous recorder with security casing 40.00/day
Hand auger 10.00/day
Motor blower 100.00/day
Regenerative blowers 25.00/day
Magnehelic gauge 10.00/day
Van gas chromatograph 175.00/day
Van - tools - generator set 100.00/day
Moisture density gauge (nuclear gauge) 20.00/day
Tensiometer 20.00/day
Soils lab (field) 25.00/day
Soils equipment 5.00/day
35mm camera 5.00/day
3. DRILLING EQUIPMENT:
Rates for company owned drilling services may be on a per-foot or time-and-materials basis as project
conditions and/or client needs dictate.
CONT1/FEES-90.510/kmcp Rev.8, 05/10/90
4
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