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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 V��b�v 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, --------------------------- 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. --------------------------- 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 --------------------------- 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 I 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. --------------------------- 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% --------------------------- 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. --------------------------- 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 � �J \�o 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.