HomeMy WebLinkAboutPacific Groundwater Group AG-C-139 ._ _ a �3 .1b�� y
AGREEMENT FOR PROFESSIONAL SERVICES
AGG139
THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a
Municipal Corporation in King Counry, Washington,hereinafter referred to as "CIT'Y" and
with, PACIFIC GROIJNDWATER GROUP,INC., a corporation whose address is 2377
Eastlake Avenue East, Seattle, WA,98102,hereinafter refeaed to as "CONSULTANT"..
In consideration of the covenants and conditions of this Agreement,the parties hereby
agree as follows:
L SCOPE OF WORK.
This project is to collect groundwater level and rivet stage data from City dataloggers and
perform maintenance on dataloggers as required during calendar year 2001,analyze well and
river data for water years 2000 and2001, and prepaze reports on the data for water years 2000
and 2001. A detailed Scope of Work is attached as"Exhibit A".
2. TERM.
This agreement will run firom the date of execution by the City until December 31, 2001.
3. COMPENSATION.
The CONSiJLTANT shall be paid by the CITY for direct non-salary cost as
outlined in"Exhibit B". "Exhibit B" is attached hereto and by reference made a part of this
Agreement. These charges may include,but are not limited to the following items: mileage, - -
reproduction, and postage. 1'he billing for non-salary cost, directly identifiable with the project,
shall be itemized listing of charges supported by copies of the original bills, invoices, expense
accounts and miscellaneous supporting data retained by the CONSULTANT. Copies of the
original supporting documents shall be supplied to the CIT'Y upon request. All above charges
must be necessary for the services provided under the Agreement. The total amount of this
Agreement is not to exceed $98,100.00.
Agreement for Professional Services AG-C-139 Q�
March 12, �2oo1 � OSv
Page 1 0£ 10 ., r hr 1
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In the event services beyond those specified in the Scope of Work, and not included in the
compensation listed in this agreement aze required,a contract modification shall be negotiated
and approved by the CITY prior to any effort being expended on such services.
4. RESPONSIBILITY OF CONSULTANT.
The CONSULTANT shall be responsible for the prbfessional quality, technical accuracy,
rimely completion and the coordination of all studies, analysis,drawings, specifications, reports
and other services performed by the CONSiJLTANT under this Agreement. The
CONSULTANT shall,without additional compensation, conect or revise any errors, omissions
or other deficiencies in iu drawings, specifications, reports and other services required. The
CONSULTANT shall perform its services to conform to generally accepted professional
hydrogeologic standards and the reqnirements of the CITY.
Any approval by the CITY under this Agreement sha11 not in any way relieve the
CONSiJLTANT of responsibility for the technical accuracy and adequacy of iu services. Except
as otherwise provided herein, neither the CITY'S review, approval or acceptance of, nor payment
for,any of the services shall be construed to operate as a waiver of any righu under this
Agreement or of any cause of action arising out of the performance of this Agreement to the full
extent of the law.
5.. IriDEMNIFICATION/FIOLD HARMLESS.
The CONSULTANT shall indemnify and hold the CITY and its officers and employees
harmless from and shall process and defend at its own expense all.claims, demands, or suits at
law or equiry arising in whole or in part from the CONSiJLTANT'S negligence or breach of any
of its obligations under tliis Agreement;provided that nottiing herein shall require the
CONSULTANT to indemnify the CITY against and hold haimless the CITY from claims,
demands or suits based solely upon the conduct of the CITY,their agenu, officers and employees
and provided furcher that if the claims or suiu aze caused by or result from the concurrent
negligence of(a)the CONSiJLTANT'S agents or employees and (b)the CITY, their agents,
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Agreement fot PcoEessional Services; AG-C-139
March 12, 2003
Page 2 of 10
officers and employees,this indemnity provision with respect to(1) claims orsuiu based upon
such negligence, (2)the cosu to the CITY of defending such clauns and suits, etc. shall be valid
and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the
CONSULTANT'S agents or employees. The provisions of this section shall survive the
expiration or termination of tivs Agreement.
6. INDEPENDENT CONTRACTOR/ASSIGNMENT.
The parties agree and understand that the CONSLTI.TANT is an independent contractor
and not the agent or employee of the CITY and that no liability shall attach to the CITY by
reason of entering into this Agreement except as otherwise provided herein. The parties agree
that tlris Agreement may not be assigned in whole or in part without the written consent of the
CITY.
7. INSURANCE.
CONSULTANT shall procure and maintain for the duration of this Agreement,
commercial general liability insurance against claims for injuries to persons or damage to
property which may arise from or in conjunction with services provided to the CITY by the
CONSULTANT, its agenu,employees or subcontractors,under this Agreement. The
CONSULTANT agrees to provide commercial general liability insurance and shall maintain
lialiility limiu of no less then ONE MILLION DOLLARS ($1,000,000)per occurrence and ONE
MILLION DOLLARS ($1,000,000) general aggregate. The CONSULTANT shall also provide
and maiataiit professional liability coverage in the minimum liability limits of ONE MILLION
DOLLARS ($1;000,000)per claim and ONE MILLION DOLLARS ($1,000,000) aggregate.
The general liabiliry coverage shall also provide that the CITY, its officers,employees
and agents aze to be covered as additional insured as respects: Liability arising out of the
services or responsibiliues performed by or under obligation of the CONSiJLTANT under the
terms of this Agreement, by the CONSULTANT, its employees, agents and subcontractors.
Agreement for Profeasional Services AG-C-139
March�Q6, 2001
Page 3 of 10
Both the general liability and professional liability coverage shall provide that the
CONSULTAN'I"S insurance coverage shall be pritnary insurance as respects the CITY, its
officials, employees and agents. Any insurance or self insurance maintained by the CITY, its
officials, employees or agenu shall be excess to the CONSULTANT'S insurance and shall not
contribute with it. Each insurance policy required by tlus section of the Agreement shall be
endorsed to state that coverage shall not be suspended, voided,or canceled except when thirty
(30) days prior written noUce has been given to the CITl'. All insurance shall be obtained from
an insuraace company authorized to do business in the State of Washington. The
CONSULTANT agrees to pmvide copies of the certificates of insurance to the CIT'1' specifying
the coverage required by this section within 14 days of the execution of this Agreement. The
CITY reserves the right to require that complete, certified copies of all required insurance
policies be submitted to the CITY at any time. The CITY will pay no progress paymenu under
Section 3 until the CONSULTANT has fully complied with tivs section.
8. NONDISCRIMINATION.
The CONSLJLTANT may not discriminate regazding any services or activities to which
this Agreement may apply direcdy or through contractual,hiring, or other arrangements on the
grounds of race, color, creed, religion,national origin, sex, age, or where there is the presence of
any sensory,mental or physical handicap.
.
9. OWNERSHIP OF RECORDS AND DOCUMENTS.
The CONSULTANT agrees that any and all drawings, computer discs, documents,
records, books, specifications, reports, estimates, summaries and such other information and
materials as the CONSULTANT may have accumulated, prepazed orobtained as part of
providing services under the terms of tlus Ag�eement by the CONSLTI.TANT, shall belong to and
shall re*T!�+*+the property of the CITY OF AUBURN. In addition,the CONSUI:TANT agrees to
maintain all books and records relating to its operation and conceming this Agreement for a
period of six (6)yeazs following the date that this Agreement is expired or otherwise terminated.
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agreement for 2rofessional Services AG-C-139
March iz, 2ooi
Page 4 of 10
T'he CONSULTANT fiuther agrees that the CITY may inspect any and all documents held by the
CONSiJLTANT and relating to this Agreement upon good cause at any reasonable time within
the six(6) year period. The CONSULTANT also agrees to provide to the CITY, at the CITY'S
request, the originals of all drawings,documents, and items specified in this Section and
information compiled in providingservices to the CITY under the terms of this Agreemem.
Reuse by the CITY of any of the drawings, computer discs; dociunents, records,books,
specifications, reports, estimates, summaries and such other information and materials on
extensions of this project or any other project without the written permission of the
CONSiJLTANT shall be at the CITY'S sole risk.
10. TERMINATION OF AGREEMENT.
Tlris Agreement may be terminated by either party upon twenty(20)days written notice
to the other party,and based upon any cause. In the event of termination due w the fault of
other(s)than the CONSULTANT, the CONSiJLTANT shall be paid by the CITY for services
performed to the date of termination.
Upon receipt of a termination nouce under the above paragraph,the CONSULTANT
sliall(1)prompdy discontinue all services affected as directed by the written notice, and(2)
deliver to the CITY all data, drawings, specifications,reports,estimates, summaries,and such
other:infomiation and materials as the CONSULTANT may have accumulated, prepazed or
obtained in performing this Agreement, whether completed or in process.
11. GENERAL PROVISIONS.
11.1.. This Agreement shall be governed by the laws,regulations and ordinances of the
Ciry of Aubum,the State of Washington,King Counry, and where applicable; Federal laws.
11.2. All claims,disputes and other matters in question arising out of, or relating to,this
Agreement or the breach hereof;except with respect to claims wlvch have been waived,will be
decided by a court of competent jurisdiction in King County, Washington. Pending final
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Agreement for Profeaeional Servicea AG-C-139
March 12�, 2001
Page 5 of 10
decision of a dispnte heteunder,the CONSULTANT and the CITY shall proceed diligendy with
the performance of the services and obligations herein.
113. T'he CITY and the CONSULTANT respectively bind themselves,their paztners,
successors� assigns, and legal representatives to the other party to this Agreement with respect to
all covena l ts to this Agreement.
11 I4. This Agreement represents the enUre and integrated Agreement between the CITY
and the CONSULTANT and supersedes all prior negotiations, representations oragreements
either oral II r written. This Agreement may be amended only by written instrument signed by
both the Cl TY and the CONSULTANT.
11:5. Should it become necessary to enforce any term or obligation of this Agreement,
then all coll u of enforcement including reasonable attorneys fees and expensesand court costs
shall be p i d to the substanfially prevailing party.
11.6. The CONSiJLTANT agrees to comply with all local, state and federal laws
applicable Ilto its performance as of the date of this Agreement.
11:7. If any provision of this agreement is invalid or unenforceable,the remaining
provisionsl shall remain in force and effect.
I
I
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Agreement for Professional Services AG-C-139
March 12,i 2001
Page 6 of 10
CITY OF AUBURN
�a. t �
Charles A. Booth, Mayor
Date O y � �6 ' ��
ATTEST:
�/1,`�'.e.�e� �y��ul9�ttiJ
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Micliael J:Re olds, ' Attorney
Pacific ro dwater Group,Inc.
BY:
Title:
Address: 2377 Eastlake Avenue East
Address: Seattle, WA 98102
Phone (206) 329-0141
Fax# (206)329-6968
Federal Tax ID# 91-1385271
REF. H:\CONSULTANIIAGREEMENTS�2001WGCI39AGREEMENT.DOC
Agx'eement �fox' Pio£eeeional ServiCeB AG-C-139
March 12, 2001
Page 7 of 10 �
EXHIBTT A
SCOPE OF WORK
The CONSIJLTANT shall complete the following scope of work:
Task 1: Anatyze well and river monitoring data for water year 2000. Prepare report on water
level data, river flow, and an assessment of river/aquifer conditions.
Task 2: Revise and update rating curves for the White and Green Rivers at three stations.
Task 3: Provide quarterly maintenance of the four city-run river gauge stations.
Task 4: Download data from all well stafions on a quarterly basis. Conduct periodic datalogger
maintenance as required.
Task.5: Update water level database and prepare archives of water level data.
Task 6: Analyze well and river monitoring data for water year 2001. Prepaze an annual report on
water level data,river flow, and an assessment of river/aquifer response conditions.
Task 7:Manage the project, track budget and personnel, prepaze documentation for invoices, and
meet with the Ciry as required to discuss monitoring.
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Agreement for Profeesional Services AG-C-139
March� l2, 2001 �
Page 8 of 30
CalerMar Year 2001 Cost Esdmate .
City of Aubum Water Level aml River Flow AAonf6oFing
ESTIMATED HOUR3 07HER WSTS
_ Subtask TOTAL
Suppotl Field Tech il�.soc R'urc lebor Dired Subcantract C�t TASK
5320 5900 56110 E680 5�60 Cost Costs Cost Totel COST
8 hr da 12 hr S hr day 8 hr S hr da (Item) (Cost) (Itan) (Cost)
Subtuk Desaiptlon
Task 1 Water year 2000 data anelysiv and repoN 0.25 18 12 1 $19,800 Repto $500 MWG $5,000$25,300
Task2 Updatcaodrevlsentingcurves 1 1 $1,280 H�dmData $10,000$11,280
Task3 Rnxrgnugertainteneoce 1 1 $1.280 F1ydmDma $10,000811,280
Task4 Wdldatadownloedamishtionmainteoance 10 2 $10.360 hLles/Ship $1,000 $11,360
Task 5 Updete and arehive dsrohase 10 �1 �$B,BBO $6,680
Tasli6 Wateryeer2q11'dafaa�nlysoand.�qioN 0.25 18 72 1 $19,800 Repo $500 MWG $5,000$T5,300 �
Tesk7 Dutumentado�dM'snigeneat 10 $B,B00 Miles $100 $6,900
TOTALHOUR�ESTIMATES 0.5 10 48 39 2 99.6
SUBTOTAL,DOLLARS $160 $9,000 $28,800 $28,520 $1,520 588,000 $2,100 $30,000 598,100
CON7'INGCNCY s0
ESTIMATED TOTAL COST Ssa,too
rRaECr:uooa ��a�o3roaroi
me ra�owng rates win ne appliea:
Padfic GrourMwater Graip .. . .
Principal Flydrogeolcgist E95�hr �
ASSOdate Hydrageol�st SByhr .
TecMical(Flytlrogeologisl,Gedagist,a Cherrcst) 57Whr
Field�(Hydrogeologisl,Geologisq b75Rrt �
GISlCAD 57Sfir
support E4omr
wileege E0.345hm
Techrucal S�mntraGor/Dl�ect Cost MaActry 10%
Well Qilling Suboontradrn Mark-up 15%
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Agreement for Professional Servicea AG-C-139
March 16�, 2001
Page 9 of 10
EXHIBIT B
DIRECT NON-SALARY REIMBURSABLE EXPENSES
• Reproduction Fees
. Postage Fees
• Mileage at$0345lmile or the current appmved IRS rate for travel.
It is:understood that all direct non-salary reimbursable expenses, except mileage,will be mazked
up 10%.
Subcontracts: The CONSiJLTANT, at the CITY'S requestshall enter into subcontracts with
other consultants,such as appraisers and/or environmental consultants,etc. If approved,the
_ _ _ _
CITY shall reimburse the CONSULTANT for the actual cost of the subcontracts plus a 10%
maazkup to cover the CONSiJI.TANT'S additional overhead expense associated with the
Subcontract.
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Agreement for Professional Services .AG-C-139
March 12, 2001 '
Page 10 of 10
. � � .1�-
��,.t� a
CITY OF AUBURN
KING COUNTY, WASHINGTON
AMENDMENT NO. 1 TO AGREEMENT NO. AG-G139
FOR
PROFESSIONAL SERVICES
Between
CITY OF AUBURN
And ,
PACIFIC GROUNDWATER GROUP,INC.
Pacific Groundwater Group, Inc.
2377 EastlakeAve E.
Seattle, WA 98102
(206) 329-0141
--------------------------------------------------------------
Amendment No. 1 for Agreement No. AG-C-139
Pacific Groundwater Grbup,Inc. 7R,�
Page 1 of2 f p p
�
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v
All provisions in the basic agreement and all previous amendments remain in effect except as
expressly modified by this supplement.
The changes to the agreement aze described as follows:
1. CONTRACT TERM: The term of the Agreement for Professional Services is not
changed by this amendment.
2. SCOPE OF WORK: The scope of work is amended to include the maintenance and
modificarion of existing monitoring sites as detailed in"Exhibit A", included as part of
this amendment.
3. COMPENSAT'ION: The amount of this amendraent is$5,000.00. The total conuact
aznount is increased to a total of$103,100.00. 'I'he CONSiJLTANT shall be paid by the
CITY for direct non-salary c6st as outlined in"Exliibit B". "Exhibit B"is attached hereto
and by reference made part of this Agreement.
Executed on s
CITY OF AUBURN
�.
CfiailesA. Booth, Mayor
ATTEST:
Daaie e E. Daskam, City Clerk
P OVED AS TO FORM:
Michael J: Reynolds, City Attomey
Pacitic ro dwater Group, Inc.
BY:
A oi d signature
_S_e_��
Please print or type name
TT-n.E: �GC�. r�Si
/bd -
File: `
REF. H:�FORMS\FE054A(R 06/01)
Amendment No. 1 for Agreement No.AG-G 139
Pacific Groucidwater Group,Inc.
Page 2 of 2
EXHIBIT A
Contract Amendment No. 1
AG-C-139
SCOPE OF WORK
The CONSULTANT shall complefe the following scope of work:
Task 1: Coal Creek Springs Well Rehab
Diuing the April 2001 download PGG noted that wells CCS-MW-2, CCS-MW-6, and
CCS-MW-7 had been disturbed. In addition, fibrous/grass material was observed in
CCW-MW-6.
Dedicated transducers in these wells will be temporazily removed and the wells will be
bailed clean of any PVC, grass, or other materials. The wells will be disinfected with
chlorine and the transducer will be reinstalled.
Because the CCS-MW-7 well casing was cut down, the former elevation for the measur-
ing point of this well is no longer valid. PGG will mark a new measuring point on the
well casing and request that the City surveys the measuring point.
Task 2: TW-6A Well Site Modifications
Two dataloggers that were installed at the TW-6A well site were fatally damaged because
of excessive moisture in the underground well vault.
Two water-resistant aluminum enclosure dataloggers will be installed at the TW-6A site.
Prior to installation, the nnderground well vault will be modified by.placing a sump or
weep hole to hold or transport water that accumulates in ttie vault. The vault will be back-
filled with approximately 1 to 2 feet of clean crushed rock to provide a dry base for
working in the vault. The vault modification will be performed by Hokkaido Drilling and
Developing, Inc.
PGG will request that the City survey the measuring point of the three wells in the TW-
6A site if these modifications affect their elevations.
Task 3: WR-2 Well Site Modifications
A considerable amount of soil has been consistently pushed up into the montunent at well
WR-2 between each download event. l'his soil approaches the top of the open PUC well
casing.
Clean crushed rock will be poured into the annulaz space between the well casing and the
monument in an attempt to prevent this from reoccurring.
Exhibit B
Calendar Year 2001' Amendment No. 1 Cost�Estimate �
City of Auburn Water Level Monitoring
AG-C-139
LABOR COSTS OTHER COSTS
Subtask TOTAL
Support Tech Assoc Princ Labor Dired Costs Subcontrad Cost TASK
$40 $75 $85 $95 Cost Cost Total COST
ptem) (Cost) ptem) (Cosq
Subtask DescripBon
Task 1 Coal Creek Springs Well Rehab 0.25 10 8 7 $1,535 Field Equipment $79 $1,614 51,814
Task 2 TYY-8A Well Site ModiQcatlons 0.25 9 3 $940 Dataloggers $765 Hokliaido $1,000 $2,758 52.758
Field Equipment $54
Task 3 WR-2 WeI131te ModlflcaUons 025 5 2 $555 Field Equipment $35 $590 5690
TOTAL HOUR ESTIMATES 0.75 24 13 1 38.7b
SUBTOTAL DOLLARS $30 -$1,800 $1,105 $95 53,030 $933 $1,000 ¢1,963
CONTINGENCY SO
ESTIMATED TOTAL COST S4,9s3
PROJHCT:1J0006 Amendment I ' . -.. . .. - .. -- .-�� -. version 06/20l01 -
TFie following reles will be applied:
Peafic Groundwater Group
PrinGpal Hydrtgeologist 595lhr
. Assoaate Hydrogeolgist EBSAx
Technical(Hydrogeologisl,Geologist,or Chemist) 575Arc
Field(Hydrogeologist,Geologist) E75Nr �
GIS/CAD � E75Ihr
s��on seomr
M�iaa9e ao.aasm,�
Technical SubconVaGOr/D(reQ Cost MarkSUp 70%
- Well Drilling Subcontredor Mark-up. � �10% .
EXHIBIT B
Contract Amendment No. 1
AG-C-439
DIRECT NON-SALARY REIMBURSABLE EXPENSES
• Reproduction Fees
• Postage Fees
• Mileage at $0345/mile or the current approved IRS rate for travel
o Cost for two dataloggers
• Cellulaz phone charges
• Heavy plastic sheeting.
• Laptop po�table computer charges
• Chlorine
• Crushed rock for WR-2
• Distilled water
• Digital camera
It is understood that all direct non-salary reimbursable expenses, except mileage, will be
marked up 10%.
Subcontracts: The CONSULTANT, at the CITY'S request sfiall enter into.subconuacu
with other consultants, such as appraisers and/or environmental consuitants, etc. If
" � ' ` � ` approved,the CITY shall reunburse the CONSiJLTANT for the actual cost of the ' ` `
subconvacts plus a 10% markup to cover the CONSIJLTANT'S additional overhead
expense associated with the Subcontract.