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HomeMy WebLinkAbout5.805 Original Contract 5. g05 EXponent' ORIGINAL E XPOIH'11t 1>375 Sf 30th 1'1:"" Suite z50 Bdkvuc. WA .)N007 Idephmlt' P5-5111-N700 la(<Il11ilc 42S-51<)-N79,) \\'\vwexponent,colIl November 1,2006 Privileged & Confidential Prepared at Request of Counsel Mr. WIlliam Bloor City Attorney City of Port Angeles PO Box 1150 321 E. 5th Port Angeles, W A 98362 Subject: Reivew and Comment on the Draft Remedial Investigation Report for the Rayonier Mill Property Project No. BE03079.POl Dear Bill: Thank you for retaining Exponent for technical services related to the above-referenced matter. This letter presents our current understandmg of the scope of services sought and terms of the engagement. Our scope of services is anticipated to mclude a technical review of the draft remedial investigation report for the Rayonier Mill Property and preparation of comments for submission to the Washington State Department of Ecology (Ecology) during their public comment period (October 18 to December 1,2006). In addition, we will include a summary of our previous comments on Ecology's proposed soil cleanup levels for dioxins/furans, which the agency plans to apply to this site. Our estimated budget to produce a draft (for your review) and final (for submission to Ecology) comment memorandum will not exceed $14,999. Exponent's services will be provided on a time-and-expense basis. Charges will include professional fees (commensurate with the level of expertise of the personnel assigned to the project), equipment usage fees, and other out-of-pocket expenses according to our Schedule of Rates & Charges, a copy of which is enclosed and made a part hereof by reference. Exponent's services are provided only in accordance with our Terms and Conditions of Agreement, a copy of which is enclosed and made a part hereof by reference. It is our understanding that Exponent's retention on this project is solely with your organization and all charges (i.e., fees and expenses) incurred by Exponent on this project will be the responsibility of the City of Port Angeles, independent of other parties/payees involved. If our understanding BE03079 P01 00001106 JT01 \lbellevue1\docslproposals\3000lbe03079 p01lbloor110106 doc Mr. William Bloor November 1,2006 Page 2 Privileged & Confidential Prepared at Request of Counsel is not correct and your orgamzatIOn is not responsible for these charges, please have the responsible party sign this letter to signify that the terms are acceptable and Exponent is authorized to commence work as described herein. If invOIces should be mailed to an address other than the one above, please provide that information with the signed letter. Based on the information you have provided, we have performed a conflict-of-interest check for the followmg parties: . City of Port Angeles . Rayonier . Washington State Department of Ecology U sing this information, Exponent has determined that it does not currently have a conflict that would preclude us from assisting you in this matter. Please inform me as soon as possible if this list of parties is inaccurate or incomplete, or if other parties become involved as this matter proceeds. Please indicate your understanding and acceptance of the terms of retention by signing and returning a copy of this letter. If you have any questions or require additional information, please do not hesitate to contact me at (425) 519-8768. We look forward to working with you. Sincerely, Accepted by: ~/~_--.. L,==,,_ ~/ t: 4 ...... .~ .-A: ~,,~ cf- ~~.~-) Aut rized Signature Joyce S. Tsuji, Ph.D., DABT Principal )A~ e. MA-0~n Name and Title e)~ JltttANt.k.. ~ c.~,pf ~f- .ANp~ Organiza o~ j II 06 / ./ Enclosures cc: Mark Johns, Michael Garry Date BE03079 P01 0000 1106 JT01 \lbellevue1\docs\proposals\3000lbe03079 p01lbloor110106 doc Firr 1M CONSULTING SERVICES SCHEDULE OF RATES & CHARGES PROFESSIONAL FEES The staff of Exponent compnses highly qualified professionals - both employees and consultants - In the fields of sCience and englneenng Exponent charges ItS clients for services provided according to the skill level of the individual assigned to the client's project For billing purposes, Exponent provides the follOWing staff classifications that designate relatIVe expenence, training, and accomplishment within a technical field together with the range of standard hourly fees charged for their services Pnnclpal Engineer/ SCientist and Officer* Senior Managing Englneer/Sclenllst Managing Engineer/Scientist Senior Engineer/ SCientist Engineer/Scientist Technical/Research Specialist Technical Assistant Administrative/ Non-technical Assistant Senior-level technical or management person, responsible for technical dlrecllon or general management or admlnlstrallon of the Firm Senior technical profeSSional providing high-level or individual consulting assignments, or overall technical direction of projects, may have office or group management responsibility for a technical field within the Firm Senior technical profeSSional providing high-level or individual consulting assignments or overall technical dlrecbon of projects Expenenced technical profeSSIonal skilled In planning, organizing, controlling, and execullng complex, higher-order projects or assignments Tralned/degreed profeSSional responsible for executing technical assignments In support of client projects Personnel experienced In instrumentation, programmer testing, library SCience, or the development or execullon of research methodologies In support of technlcal/englneenng projects Laboratory, data processing, englneenng-graphlcs, englneenng technician, or other personnel responsible for the execubon of specialized tasks In support of technlcal/englneenng projects. Personnel who assist technical staff In vanous administrative non- technical areas, including scheduling, report productions, communlcallons, logistics, and project support *Rates do not Include Chairman Ementus, Dr Roger McCarthy Dr. McCarthy's rate IS $800 OO/hour $240 00 - $525 00 $220 00 - $350 00 $17500 - $300 00 $13000 - $250 00 $10000 - $200.00 $ 80 00 - $17500 $ 70.00 - $12500 $ 60 00 - $12500 The above hourly rates represent the professional fees charged by Exponent for work performed within the conllnental United States A rate IS established for each employee within his/her c1asslficallon, based on that person's individual quallficalions and expenence These rates are modified annually on or about January 1, or otherwise at the discretion of Exponent For projects conducted outside the continental United States, premium rates may be applied to adjust for cost-of-lIvlng differentials Premium rates may also be applied when, at the client's request, work IS to be accomplished In such a way as to Increase costs to Exponent This may occur due to schedule constraints or planned ineffiCienCies. Premium rates for this work shall be no less than 15% greater than the hourly rates quoted above Payment IS required In U.S dollars Within thirty (30) days after receipt of inVOiCe, or Interest charges may be applied FIXED.PRICE SERVICES When the services required or the character of the final work product are suffiCiently defined, Exponent may provide such services or dellverables on a fixed-pnce baSIS. SPECIAL PROJECTS Specialized software, methodologies, services, or technical products developed by Exponent Will be charged at rates that reflect development costs and equivalent technical value Specific pnces and terms of agreement Will be provided upon request EQUIPMENT CHARGES Technical equipment may be used both In-house and In the field to assist Exponent personnel In their work An hourly access fee IS charged for selected equipment, for which examples are the scanning electron microscope and the Matenals Test System Hourly access fees may be adjusted In some Instances when the equipment IS dedicated to a project for an extended penod OTHER PROJECT EXPENSES Air travel IS charged at the most effective fare baSIS for the project Involved and is inVOiced to the client at Exponent's cost Englneenng personnel below the pnnclpal classificallon charge coach fares per Exponent's policy. Local mileage is charged In accordance With IRS gUidelines Some project expenses reqUlnng admlnlstrallve processing are charged at cost plus fifteen percent (15%) These may Include (but are not necessanly limited to) meals, matenals, equipment, outside laboratory tests, outside computer charges, special pnnllng and reproducllon, shipping charges, special fees, or supplemental Insurance Consumable matenals may be charged In some Instances on an applied rate rather than an Incurred cost baSIS Legal expenses related to special negolialion of a contract or modification of the Terms & Conditions of Agreement Will be billed to the client ProfeSSional expenses related to legal discovery requirements brought about by Exponent's services Will be charged at the above rates. ReVISion 071806 TERMS AND CONDITIONS OF AGREEMENT II CHARGES Work performed under a fixed-price arrangement will be billed at the agreed fixed amount Work performed on a IIme-and-expenses basIs will be charged In accordance with the most current Consulting Services Schedule of Rates & Charges of Exponent Any unusual work not specifically covered by that schedule will be charged at a rate mutually determined to be reasonable In relation to the type of work to be performed At the dlscrelion of Exponent, a sUitable retainer may be required from the client In advance Such an amount will be held by Exponent untIl the final invOice IS prepared, at which time the client's account will be reconciled EVidence storage and disposal after closure of Exponent's case file will be the responsibility of the client Upon the client's request, Exponent may agree to provide temporary storage space for a reasonable fee, which the chent agrees to pay monthly upon presentation of an inVOice from Exponent Taxes will be charged where applicable PAYMENT Invoices are tYPically rendered monthly or In accordance with the agreed upon payment schedule, and are due upon receipt Outstanding balances past due over 30 days are subject to a delinquency charge until paid Exponent, without liability, may withhold delivery of reports and other data, and may suspend performance of ItS obllgallons to the client, pending full payment of all charges Exponent reserves the right to decline further work with any client delinquent In payment of charges due to Exponent for prevIous work, until such balances are paid In full EXECUTION OF SCOPE OF SERVICES Exponent will work In accordance with generally accepted professional engineering pracllce No other warranty, express or Implied, IS made concerning work performed under the agreement, Including Exponent's findings, recommendallons, specifications, or professional adVice Exponent will diligently proceed with the contracted work and report to the chent In a timely manner, except for delays occasioned by factors beyond Exponent's control, by factors that were not reasonably foreseeable, or by factors Inlllated by the client. Work under the agreement will be terminated upon receipt by Exponent of written notice from the client, except that Exponent may complete such analyses, records, and reports as are reasonably necessary to adequately document the work performed through termination Charges for such work will be kept to a reasonable minimUm, not exceeding 10% of total charges Incurred through the date of termination Work under a fixed-price agreement that IS terminated before completion will be billed on a percentage of complelion baSIS for effort expended up to the receipt of client's written nolice of termination Work under the agreement may be terminated by Exponent only for just cause ThiS Includes, but IS not limited to development of a material conflict of Interest, Judicially reqUired participation In onerous discovery or other legal process outside the Intended scope of the work, or the presence of circumstances beyond Exponent's control, such as natural disasters or government Intervenllon Exponent, unless other specific arrangements are made, will maintain ItS technical files for 30 days after the final payment IS received and the case file IS closed Financial records will be retained according to IRS reqUirements, but not less than one year after the case file IS closed MISCELLANEOUS The client assumes full and complete responsibility for all uses and appllcallons of Exponent's recommendalions, or work under thiS agreement, or failure to use recommendations or work, and agrees to Indemnify and hold harmless Exponent, ItS affiliates, officers, directors, employees, agents, and stockholders against any and all liability, damages, losses, claims, demands, actions, causes of action, and costs including attorney's fees and expenses resulting from the death or Injury to any person or damage to any property or any other alleged or actual damages resulting from the aforementioned use, appllcalion, or nonuse of Exponent's recommendallons or work under thiS agreement The client agrees that In no event shall Exponent, ItS affiliates, officers, directors, employees, agents, or stockholders be liable for any InCidental or consequential damages, direct or indirect, arising from Exponent's services under thiS agreement Exponent Will hold In strictest confidence all proprietary information and trade secrets of the client to which It may be given access Unless otherwise expressly agreed In Writing, all reports, recommendallons, procedures, and other Information prOVided to the client under thiS agreement shall be JOint property of the client and Exponent, and may be used Without restriction by either However, unless otherwise expressly agreed In wrlllng, Exponent shall retain exclUSive rights to all proprietary information, technologies, trade secrets, Inventions, or patentable Ideas developed dUring the performance of thiS agreement In any litigation involVing the client In which Exponent IS compelled by subpoena or court order to testify at a depOSition or JudiCial proceeding, or to produce documents regarding work performed by Exponent, the client agrees to compensate Exponent, at ItS prevailing hourly rate, for all time spent by Exponent In responding to such legal process, including all time spent In preparing for such tesllmony The chent also agrees to pay Exponent's reasonable attorney's fees and expenses Included In connection With the foregOing In the event of any such subpoena or court order, Exponent Will promptly notify the client to enable the client to object to any such testimony or production of documents In the event of a laWSUit between the client and Exponent under this agreement, such laWSUit shall be filed and tried only In a court of competent JUrisdiction Within San FranCISco County, California California law shall apply to any such proceeding The prevailing party In any acllon shall recover from the lOSing party ItS reasonable attorney's fees and costs of SUit Incurred In addlllon to any other rehef granted ReVISion 050715