HomeMy WebLinkAbout5.403 Original Contract
5.-<jD5
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
THE CITY OF PORT ANGELES
AND
BEAK CONSULTANTS, INC.
RELATING TO: SEDIMENT MONITORING AND GEODUCK SURVEY FOR WWTP OUTFALL AND CSOs
THIS AGREEMENT IS made and entered into thl~ day ~ J ^ 0 IV TIME OF PERFORMANCE
, 1996, by and between THE CITY OF PORT~~
ANGELES, a non-charter code City of the State of Washington,
(hereinafter called the "CITY") and BEAK CONSULTANTS, Inc, a
Washington Corporation (hereinafter called the "CONSULTANT")
WHEREAS, the CITY deSires to have assistance In sediment monttoring
and a geoduck survey for WWTP outfall and CSOs, and
WHEREAS, the CITY deSires to engage the professional services and
assistance of a qualified consulting firm to perform the scope of work as
detailed in Exhibit A, and
WHEREAS, the CONSULTANT represents that It is in full compliance
WIth the statutes of the State of Washington for professional registration
and/or other applicable requirements, and
WHEREAS, the CONSULTANT represents that It has the background,
expenence, and ability to perform the required work in accordance with the
standards of the profession, and
WHEREAS, the CONSULTANT represents that It WIll provide qualified
personnel and appropnate facIlities necessary to accomplish the work;
NOW, THEREFORE, in consideration of the above representations and
the terms, conditions, covenants and agreements set forth below, the
parties hereto agree as follows:
SCOPE OF WORK
The scope of professional services to be performed and the results to be
achieved by the CONSULTANT shall be as detailed In the attached
Exhibit A, and shall Include all services and matenal necessary to
accomplish the work
The CITY may review the CONSULTANT'S work product, and If It IS not
satisfactory, based on the cntena set forth In Exhibit A, the
CONSULTANT shall make such changes as may be required by the
CITY Such changes shall not constitute "Extra Worl<' as related In
Section XI of thiS Agreement
The CONSULTANT agrees that all services performed under thiS
Agreement shall be In accordance with the standards of the profession
and In compliance with applicable federal, state and local laws.
The Scope of Work may be amended upon wntten approval of both
parties
" OWNERSHIP OF DOCUMENTS
Upon completion of the work, all documents, exhibits, photographic
negatives, or other presentations of the work shall become the property of
the CITY for use Without restnction and Without representation as to
sUitability for reuse by any other party unless specifically verified or
adapted by the CONSULTANT However, any alteration or reuse of the
documents, by the City or by others acting through or on behalf of the City,
Will be at the CIty'S sole nsk
'" DESIGNATION OF REPRESENTATIVES
Each party shall deSignate ItS representatives In wnting. The
CONSULTANT'S representative shall be SUbject to the approval of the
CITY
The CONSULTANT may begin work upon execution of thiS Agreement by
both parties. The work shall be completed in accordance with the
schedule set forth in the attached Exhibit A.
V
PAYMENT
The CITY shall pay the CONSULTANT as set forth In this section of the
Agreement Such payment shall be full compensation for work performed,
services rendered, and all labor, materials, supplies, equipment and
incidentals necessary to complete the work
A
Payment shall be on the basis of the CONSULTANT'S cost for
actual labor, overhead and profit plus CONSULTANT'S direct
non-salary reimbursable costs as set forth in the attached
Exhibits Band C, respectively.
1. Labor costs shall be based on the hourly rates shown
In Exhibit B.
2 The direct non-salary reimbursable costs are those
directly Incurred in fulfilling the terms of this
Agreement, Including, but not limited to, travel,
subsistence, telephone, CADD computer,
reproduction and pnnting, supplies and fees of
outside services and consultants Ten percent
(10%) overhead and profit may be added to direct
non-salary reimbursable costs.
B
The CONSULTANT shall submit Invoices to the CITY on a
monthly baSIS. InVOices shall detail the work, hours, employee
name, and hourly rate, shall Itemize with receipts and inVOices
the non-salary direct costs, shall Indicate the specific task or
activity in the Scope of Work to which the costs are related, and
shall Indicate the cumulative total for each task.
C.
The CITY shall review the Invoices and make payment for the
percentage of the project that has been completed less the
amounts previously paid
o
The CONSULTANT inVOices are due and payable within 30
days of receipt In the event of a disputed billing, only the
disputed portion Will be Withheld from payment
Final payment for the balance due to the CONSULTANT Will be
made upon the completion of the work and acceptance by the
CITY.
E.
F Payment for "Extra Worl<' performed under Section XI of thiS
Agreement shall be as agreed to by the parties in writing
VI MAXIMUM COMPENSATION
Unless otherwise agreed to In wnting by both parties, the
CONSULTANT'S total compensation and reimbursement under this
Agreement, including labor, direct non-salary reimbursable costs and
outside services, shall not exceed the maximum sum of $118,250 00 as
shown in the attached Exhibit 0
City of Port Angeles - June, 1996]
VII . EMPLOYMENT
Employees of the CONSULTANT, while engaged In the performance of
any work or services under this Agreement, shall be considered
employees of the CONSULTANT only and not of the CITY, and claims
that may arise under the Workman's Compensation Act on behalf of said
employees while so engaged, and any and all claims made by a third party
as a consequence of any negligent act or omission on the part of the
CONSULTANT'S employees while so engaged, on any of the work or
servIces provIded to be rendered herein, shall be the sole obligation and
responsibility of the CONSULTANT
In performing this Agreement, the CONSULTANT shall not employ or
contract with any CITY employee without the CIty'S written consent
VIII NONDISCRIMINATION
The CONSULTANT shall comply with all applicable federal, state and
CITY nondiscrimination regulations and with the CITY'S Equal
OpportUnity/Affirmative Action clause, which is set forth in the attached
Exhibit E
IX SUBCONTRACTS
A.
The CONSULTANT shall not sublet or assign any of the work
covered by this Agreement WIthout the written consent of the
CITY.
B
The CONSULTANT will be uSing the firms submItted wIth ItS
proposal as subcontractors Subcontractors other than those
listed shall not be permitted without the written consent of the
CITY.
C
In all soliCitation either by competitive bidding or negotiation
made by the CONSULTANT for work to be performed pursuant
to a subcontract, Including procurement of materials and
equipment, each potential subconsultant or supplier shall be
notified by the CONSULTANT of Consultant's obligations under
this Agreement, including the nondiscrimination reqUirements
X
CHANGES IN WORK
Other than changes directed by the CITY as set forth In SectIon I above,
either party may request changes In the scope of work. Such changes
shall not become part of this Agreement unless and until mutually agreed
upon and incorporated herein by written amendments to this Agreement
executed by both parties
XI
EXTRA WORK
The CITY may deSire to have the CONSULTANT perform work or render
servIces In connection wIth thIs project, In addItion to the Scope of Work
set forth In Exhibit A and minor reVISions to satisfactorily completed work
Such work shall be conSidered as "Extra Work" and shall be addressed In
a written supplement to thiS Agreement. The CITY shall not be
responsible for paYing for such extra work unless and until the written
supplement IS executed by both partIes
XII TERMINATION OF AGREEMENT
A
The CITY may terminate thiS Agreement at any time upon not
less than ten (10) days written notice to the CONSULTANT
Written notice Will be by certified mall sent to the consultant's
deSignated representative at the address provided by the
CONSULTANT
B
In the event thiS Agreement IS terminated prior to the completion
of the work, a final payment shall be made to the
CONSULTANT, WhiCh, when added to any payments
previously made, shall compensate the CONSULTANT for the
percentage of work completed
C
In the event thiS Agreement IS terminated pnor to completion of
the work, documents that are the property of the CITY pursuant
to Section II above, shall be delivered to and received by the
CITY prior to transmittal of final payment to the CONSULTANT
XIII INDEMNIFICATION/HOLD HARMLESS
The CONSULTANT agrees to Indemnify the CITY from any claims,
damages, losses, and costs, including, but not limited to, attorney's fees
and litigation costs, anslng out of claIms by thIrd partIes for property
damage and bodily injUry, including death, caused solely by the negligence
or Willful misconduct of the CONSULTANT, CONSULTANT employees,
affiliated corporations, officers, and subcontractors In connection With the
work performed under thiS Agreement.
The CITY agrees to Indemnify the CONSULTANT from any claims,
damages, losses, and costs, including, but not limited to, attorney's fees
and litigation costs, ansing out of claims by third parties for property
damage and bodily Injury, including death, caused solely by the negligence
or Willful misconduct of the CITY, CITY's employees, or agents In
connection with the work performed under thiS Agreement
If the negligence or willful misconduct of both CONSULTANT and CITY
(or a person Identified above for whom each IS liable) is a cause of such
damage or injury, the loss, cost, or expense shall be shared between the
CONSULTANT and the CITY in proportion to their relative degrees of
negligence or Willful misconduct and the right of indemnity shall apply for
such proportion
Should a court of competent JUrisdiction determine that this Agreement is
subject to RCW 4 24 115, then, in the event of liability for damages ariSing
out of bodily Injury to persons or damages to property caused by or
resulting from the concurrent negligence of the CONSULTANT and the
CITY, ItS officers, offiCials, employees, and volunteers, the
CONSULTANT'S liability hereunder shall be only to the extent of the
CONSULTANT'S negligence It IS further specifically and expressly
understood that the indemnification prOVided herein constitutes the
CONSULTANT'S waiver of Immunity under Industrial Insurance, Title 51
RCW, solely for the purposes of thiS Indemnification ThiS waiver has
been mutually negotiated by the parties. The prOVISions of thiS section
shall survive the expiration or termination of thiS Agreement However,
the CONSULTANT expressly reserves ItS nghts as a third person set
forth In RCW 51.24.035.
XIV
INSURANCE
The CONSULTANT shall procure and maintain for the duration of the
Agreement, Insurance against claims for injUries to persons or damage to
property which may arise from or In connection With the performance of
the work hereunder by the CONSULTANT, ItS agents, representatives,
employees or subcontractors
The CONSULTANT shall prOVide a Certificate of Insurance eVidenCing'
1 Automobile Liabllltv Insurance With limits no less than $1,000,000
combined Single limit per aCCident for bodily Injury and property damage,
and,
2 CommerCial General Llabilltv Insurance written on an occurrence baSIS
WIth limits no less than $1,000,000 combined Single limit per occurrence
and $2,000,000 aggregate for personal Injury, bodily Injury and property
damage Coverage shall include but not be limited to. blanket contractual,
products/completed operations; broad form property damage, explOSion,
collapse and underground (XCU) If applicable, and employer's liability,
and,
3 Professional LiabIlity Insurance WIth limIts no less than $1,000,000 limit
per occurrence
Any payment of deductible or self Insured retention shall be the sole
responsibility of the CONSULTANT
The CITY shall be named as an additional Insured on the CommerCial
General liability Insurance policy, as respects work performed by or on
behalf of the Consultant and a copy of the endorsement naming the
CITY as additional insured shall be attached to the Certificate of
Insurance. The CITY reserves the right to review a certified copy of all
required Insurance poliCies In the CONSULTANT's office
The CONSULTANT'S insurance shall contain a clause stating that
coverage shall apply separately to each Insured against whom claim IS
City of Port Angeles - June, 1996)
, made or suit IS brought, except with respects to the limits of the Insurer's
liability
The CONSULTANT'S Insurance shall be primary Insurance as respects
the CITY, and the CITY shall be given thirty (30) days prior written notice
of any cancellation, suspension or material change In coverage.
XV APPLICABLE LAW
ThiS Agreement shall be construed and Interpreted In accordance With the
laws of the State of Washington, and In the event of dispute the venue of
any litigation brought hereunder shall be Clallam County.
XVI EXHIBITS AND SIGNATURES
ThiS Agreement, Including Its exhibits, constitutes the entire Agreement,
supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties The follOWing
exhibits are hereby made a part of thiS Agreement
Exhibit A - Scope of Work and Schedule
Exhibit B - Consultant Labor Costs
Exhibit C - Non-salary Reimbursable Costs
Exhibit D - Preliminary Task Cost Estimate
Exhibit E - Equal OpportUnity/Affirmative Action/Facilities
NondiSCrimination
In WITNESS THEREOF, the parties hereto have executed thiS
Agreement as of the day e Irst written above
TITLE' t.OA- .
ATTEST
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BECKY UPT CI LERK
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City of Port Angeles - June, 1996]
EXHIBIT A
WORK ORDER 001
-z.z.\~ ~. 0 .
BEAK Reference No.: ~
Work Order Number: 001
Date: May 13, 1996
Client Reference Number:
Client Name: City of Port Angeles
Client Administrator: Mr. Robert Jones
TASK NAME/DESCRlPTION
Task 150 - Project Management, Communications
Task 200 - Revise Sediment Manag=nent Standards Sampling and. Analysis Plan (SMS SAP)
Task 250 - Revise SMS SAP to include PSDDA requrrements or write separate SAP
Task 300 - Develop Geoduck Survey Plan .
Task. 350 - Field Sampling Mobilization/Demobiliza.tion
Task 400 - Field Location of eso Outfalls
Task 450 - SediIDent Sample Collection
Task 500 - Chemical Analysis of Sediments
Task 550 - Bioassay Analysis of Sediments
Task 600 - Conduct Geoduck Survey
Task 650 - Sampling and Analysis Report
Task 700 - Geoduck Survey Repon
Task 750 - SED QUAL Data preparation/submittal
SECTION I - STAT&'\mNT OF WORK
This work order SetS forth tasks to provide for sampling and analysis of sedimentS in the vicinity of the City
of Port Angeles Wastewater Treatment Plant (WWTP) Outfall 001 and eso outfalls and produce a
sediInem baseline study repon satisfying the requiremenrs of conditions S11 and S12 (Sediment Monitonng
and CSO Monitoring) of the City ofPon Angeles NPDES Pemlit No. WA-002397~3. The Scope of Work
shall be as set forth in the City of Port Angeles '0TLtfaU and CSO Sediment BcseliJ1e Sampling arui Analysi$
Plan' (Beak Consultants. November 1994) and revisions to the plan in response to Washington Sta.te
Department of Ecology (Ecology) comments of April 18 , 1996. This work order also sers forth tasks to
provIde for sampling and analysis of sediments to be excavated for placement of the new diffuser which
may be required uruier the provisions of the Puget Sound Dredged Disposal Analysis (PSDDA) program,
as developed under Task 250 below and for a geoduck survey according to the plan developed under Task
300 below. This work order is pan of the Agreement for Professional Services between the City of Pan
Angeles and Beak Consultants Incorporated (dated May ,1996), and amends and modifies this agreement
as stated in specific sections of chis work order.
SECTION n - DESCRIPTION OF WORK
Task 150 _ Project Management, Communications - Beak will manage the project and maintain
comm.unica.tion with the City's Project Momtor during the course of the project. Beaks' Project Manager
will initiate telephone conversations to the Project Monitor on a minimum of a monthly ba.sis to provide
status updates on the progress of the project. The Beak Project Manager will review project expenditures
and approve invoices prior to submittal on a monthly baslS. Beak will participate in telephone
Page 1
May 1~, 1996
PTANGELE.DOC
EXHIBIT A
conversations with the City of POrt Angeles Project Monitor, and Ecology persormel to resolve/negotiate
issues regarding the sampling plan and the fInal report. TI1is task does not provide for meetings.
Task 200 - Revise Sediment Management Standards Sampling and Analysis Plan (SMS SAP) - Beak
will revise or amend by letter the City of Port Angeles 'OurfaJJ. and CSO Sediment Baseline Sampling and
Analysis Plan' (SAP; Beak Consultants. 1994). The plan, written to fulfill requirements of the Washington
State Sediment Management Standards (SMS; WAC 173-204) w1l1 be revised or amended to address
Ecology comments contained in the April 18 1996 letter written from Ms. Camela Meriwether of EcolOgy
to Mr. Render Denson of Brown and Caldwell.
Task 250 - Revise SMS SAP to include PSDDA requirements or write separate SAP - Beak will expand
the SMS SAP or write a separate plan for the sampling and analysis of sediments to be excavated from the
trench dug for placement of the diffuser. This sampling may be required under provIsions of the PSDDA
program as identified in discussions with US Amy Corps of Engineers (USACOE) personnel and other
PSDDA agendes.
Task 300 - Develop Geoduck Survey Plan - Beak will negotiate and write a geoduck survey plan in
consultation with the Washington State Department of Health (DOH). and the Washington State
Department of Fish and Wildlife (WDFW) and the Washington State Department of Natural Resources
(DNR).
Task 350 - Field Sediment Sampling MobiJizatioulDemobilization - Beak personnel will perform
logistic preparation and coordination before and after the field sampling effort. Beak will coordinate with
the analytical and bioassay laboratory personnel to obtain the appropriate sample containers prior to the
field sampling effort. Other tasks which Beak ,'.ill perform include coordination/contracting of the
sampling vessel. purchase of decontamination solventS and expendable supplies and. preparation of
sampling and navigation equipment.
Task 400 - Field Location of CSO Outfalls - Beak personnel will locate the CSO outfalls wuh the
assistance of City of Pan Angeles personnel after arrival in POrt Angeles for the field sediment sample
coUecuon effort. This may require using dye tracers to locate the ends of the East Francis Street and West
Francis Street CSO Outfalls.
Task 450 - Sediment Sample Conection . Beak personnel will perform sampling 'in accordance with the
revised or amended City of Port Angeles 'Outfall and CSO SedimenI Baseline Sampling and Analysis
Plan. This sampling effort will also include collecting sediments samples under [he proviSions of the
PSDDA program as identified und.er Task 250 above. Beak personnel will collect samples neat' the City
of Pan Angeles WWTP outfall 001 and 6 CSOs as specified in the Plan. Samples for both chemical and
biological analyses as required under both the SMS and PSDDA program will be collected at the same time
during the field effort.
Task 500 - Chanica1 Analysis - Seditnem chemistry saIII?les will be submltted to an accredited analytical
laboratOry for analysis of conventional parame%fS (total solids, total volatile solids, total organic carbon,
total sulfides. ammonia, otl and grease. grain size) and specific parameters in the following chemIcal
groups:
Page 2
May 13, 1;516
PT ANGELE.DOC
EXHIBIT A
.
.
.
.
Metals
Polycyclic Aromatic Hydrocarbons
Chlorinated Hydrocarbons
Volatile Organic Compounds
.
.
.
.
.
Phmalate Esters
Phenols
Polychlorinated Bipbenyls
Pesticides
Miscellaneous Organics
The results of the chemical analyses will be compared with the marine SQS chemical criteria in (WAC
173-2Q4..320[2]). If all test sediments pass the initial designation procedures of WAC 173.204-310, (e.g.
do not exceed marine 5QS criteria) no further testing will be conducted and a final repon will be prepared
(Task 650). The results of chemical analyses performed on the PSDDA sediment samples will be evaluated
for compliance with PSDDA Chemistry Guidance values as per Task 250.
Task 550 - Bioassay Analysis - Biological samples will be stored at the bioassay laboratory pending
outcome of the sediment chemisuy analyses. If initial designation of any of the test sedL."Jlenrs fail,
Confrrmatory Marine Sedunent Biological Tests ~WAC 173-204-315) will be performed on only those
samples which exceed SQS cnteria. Bioassay analyses will be initiated within 56 days of sample collection,
provided that the analytical lab provides notification of SQS exceedances Within 21 days of receiving the
samples.
A reference sample for bioassay analysis will be collected from aD approved Puget Sound reference area.
and tested concurrently with the test sediments. Two acute and one chronic bioassay a.~ysis will be
conducted on each test, reference and concrol sediment. The results of the bioassay analyses will be
compared with the marine SQS biological effects criteria (WAC 173-204-320).
Sediment samples collected for Bioassay Analysis under PSDDA requirements will be tested and evaluated
as identified under Task 250.
Task 600 ~ Conduct Geoduck Survey - Beak personnel will conduct a survey for geoducks i:l the vicinity
of WWTP Outfall 001 according to the plan developed under Task 300 above.
Task 650 . Sampling and Analysis Report - Beak will prepare a fmal report documenting the activities
associated with the sediment monitoring study. The bioassay and chemical analysis laboratory reports w1ll
be included as appendices. In accordance with WAC 173-204-600 and Ecology requirements, descriptions
of the following will be included in the fInal report:
. Sampling equipment and methods . Sample descriptions
. Sample collection personnel . Chemical analysis protocols
. Sampling dates . Cham-ofooCustody procedures
. Sample location and depth . Quality assurance/quality control procedures
. Sample positioning methods . Raw data. results from laboratory analyses
. Sample compositing procedures . QA2 data required for data. validation
Task 700 - Geoduck Survey Report - Beak will prepare a repon presenting the results of the geoduck
survey conducted under Task 600 above.
Task 750 - SED QUAL Data Submittal - Beak will enter aU sampling and sediment chemistry and
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May 13. 1996
PTANGELE.DOC
EXHIBIT A
bioassay data into a LOTUS 123T11 file for input into Ecology's SEDQUAL database. Beak personnel will
perform quality assurance checks of the entered data and will coordinate with Ecology managers for
submittal of the data in electronic format. Beak will also photocopy and submit one copy of the laboratory
quality assurance/raw data (QA2) to The City of Pore Angeles for forwardmg to Ecology.
SECTION ill . DEUVERABLE PRODUCTS
Beak will submit six copies of the final Sampling and .-\nalysis report. with laboratory reportS as
appendices. to the City of Pon Angeles Project MOnitor. Beak will prepare and submit one copy of the
QA2 laboratory data and one diskette containing LOTUS 123T1l files with SEDQUAL data to the City of
Pon Angele! Project Monitor (for submittal to Ecology's database manager).
SECTIO~ IV .. BEAK RESPONSmILITIES
BEAK will ensure that the services set forth in this work order, whether performed by Beak or by
subcontraCtors employed by Beak. are performed in accordance with the procedures and protocols
described andlor referenced in the revised or amended City of POIt Angeles Outfall and CSO Sediment
Baseline Sampling and Analysis Plan and response to commentS to this p Ian as described in this work
order. The services will also be performed in accordance with the PSDDA SAP and geoduck survey plan
identified under Tasks 250 and 300 above.
Prior to tbe collection of samples, BEAK will provide the Ciry with documentation establishing that
laboratories selected to perform chemical analysis and bioassays hold current accreditation from the
Department of Ecology for all test procedures to be performed, excepting those procedures for whicb no
accreditation has been established.
Beak will make all reasonable effoI1 to ensure that holding times for all samples are not exceeded and that
chemical analysis is completed in time to identify saII1?les requirmg bioassay and complete bioassay testing
within holding times specified in the Sampling and A.nalysis Plan. Beak will provide the City with timely
notification of any problems in sampling and/or analysis so the City can arrmge any exrensions of reporting
timelines necessary with the Depanmeat of Ecology. In the event that resa:npling is needed, BEAK will
arrange m a timely manner to conduct additional sampling and coordinate testmg at the rates for such
services established in this work order.
Beak is responsible for securing all sampling equipment, collectlng the saI11?les and coordination with the
Analytical and Bioassay Laboratories. Beak is not responsible for obtaining approval of the Sampling and
Analysis plan froID Ecology, but Beak can assist the City in this effon. If requested by the City of Pon
Angeles, Beak will respond. to questions and. comments from Ecology which are specifically related to the
above scope of work to the extent that the questions and/or commems can be addressed with a. telephone
conversation or a written communication.
SECTION V - CLIENT RESPONSIBILITIES
The City of Port Angeles is responsible for meeting the requirementS of the NPDES permit and any
associa.ted regulatory requirements. such as teSting and disposal requirements under the PSDDA program,
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May 13. 1996
PTANGELE.DOC
EXHIBIT A
imposed by Ecology and other state agencies. TIle City is responsible for providing Beak with and
AutoCad ... .DWG or ... .DXF file or a coordinate-referenced map of the Port Angeles Harbor area with the
shoreline and accurate positions of the WWTP 001 and specified CSO outfalls in the Washington State
Plane coordinate system. The City will provide this file aDdlor map to Beak at least 2 weeks prior to
sample collection, such that coordinates of the planned sampling stations can calculated relative to the
diffuser in the appropriate coordinate system as specified in the sampling plan.
.!!!!!!
SECTION VI . SCHEDULE
Beak will observe the following timelines:
1. Completion of sediment sample collecQon and geoduck survey. ~o later than Jul}' 31, 1996.
2. Submission of the final Sampling and Analysis repon, geoduck SlJrvey report. QA2 laboratory data
and SEDQUAL data on computer diskette to the City: No later than October 31, 1996.
It is understood by both parties that the nat1.l1:e of this project is time sensitive and that the holding times
of the test samples are limited. Beak will work wuh the laboratories and make every effort to accomplish
all the necessary testing within these holding tunes. If necessary to meet time constraints, Beak will select
alternate laboratories and coordinate the transfer of samples and arrange for analysis according to protocols
in the revised or amended City of Pon Angeles Ou.rfall and CSO Sediment Baseline Sampling and Analysis
Plan .
In the event that notwithstanding the best effortS of Beak. difficulties in chemical analysis andJor bioassay
testing cause delays and exceedances of regulatory holding times and require the collection of additional
samples, Beak will provide additional sampling and coordination at the rates for such services established
in this work order.
s
yO'
Beak will pr . e monthly sta.ternen~s detailing the time. materials and other expenses' rred towarris
completion of ea.c set forth in Section 2, DescripnoD of Work. in this work 0 . Charges shall be
made at the rates as set In the following section. In the event that Beak. d . s that the total cost.
including related expenses as ribed in agreement 22133, of any task lstOO in the task cost estimate
incorporated in this work order w ' xceed the estimated cost, shall obtain authorization for the
additional expenditure from the City prio incurring the e e. The City shall not be responsible for
payment of charges in excess of those set forili e taS st estimate unless such increased charges have
been authorized in writing by the City.
Invoices will be submitted to the client monthly basis. B shall invoice Client at the beginning of
each moDlh for Services perfo the preceding month. All ices shall be payable upon receipt
by Client and shall be past 30 days after the date of the invoice. Be may assess to Client a late.
payment charge for an . oiced amoum not pald within 30 days after the date 0 invoice, which charge
shall be equal to '. perceru per month of the unpaId amount from the date of the in
PTANGELE.OOC
Page :;
M.,y 13, 1996
EXHIBITS B & C
-. "/ :.~..
SECTION vm - 1996 SCHEDULE OF FEES
The Schedule of Fees in effect on the date Beak and Client accept a work order shall apply to Services
perfonned under that work order.
lIourl~ Charles for Personnel
Professiooal Staff Categories
Project Principal
Project Associate
Senior Scientist
Scientist m
Scientist n
Scientist I
Technician II
Technician I
S115-1401hr.
85-120
65-90
SO" 70
40-55
35-50
30-4S
25-35 '
Support Staff
Administrator
Administrative Assistant
Graphics
Word Processing
Clerical
55-65
30-45
SO
40
25-35
F~n~
Use of Beak owned or leased equipment is billed according to the following schedule plus 10
percent:
Photocopies
Facsimile
Video Camera
Underwater Video Camera
HydIolab
Company Vehicles 4-wheel drive
$. 13/PB.
.30/pg.
SO/day
l2S/day
lOa/day
O.65/mi.
Other Beak field equipment is available and use rates will be quoted-on an individual project basis.
Other direct project costs for disbursements including subcontractors are billed at cost plus 10
percent.
Page 6
May 13. 1996
PTIINGELB.DOC
beak
beak
consultants
incorporated
EXHIBIT D
12931 N.E. 126th Place
Kirkland, Washington 98034-7715
(206) 823-6919 . FAX (206) 820-9399
May 30, 1996
Mr. Robert Jones
Solid Waste/Wastewater Treatment Superintendent
City of Port Angeles
321 E. Fifth, P.O. Box 1150
Port Angeles, Washington 98362
ffl.
/P~1l,
{p('-'b
via fax: (360) 417-4609
Re: Cost estimate for sediment monitoring and a geoduck survey for City of Port Angeles WWTP
wastewater outfall and CSOs.
Dear Mr. Jones:
At your request, I am forwarding the attached preliminary cost estimate for performing the scope of
work outlined in our work order to the City of Port Angeles, dated May 13, 1996. Since the specific
requirements for the NPDES and PSDDA sediment sampling plans and the geoduck survey have not
been established or approved by the agencies, these estimates are preliminary. Once the plans are
approved the cost for conducting the sampling, analysis and reporting can be estimated with much
more certainty. I have developed the attached cost estimates based on my experience and
presumptions of what I think the agencies will require.
These estimated costs tend toward the higher range of that expected, and thus may be useful for
budgeting. I anticipate that there will be a number of opportunities during the course of the project
that will allow us to realize cost savings. For example, the bioassay costs may not be incurred if the
results of the chemical analysis are favorable. Additionally, if we are able to gain approval for
placement of the original dredged material back into the new diffuser trench, the PSDDA sampling,
analysis, and reporting will not have to be done, resulting in a significant savings.
If you have any further questions please do not hesitate to call me at 823 -6919.
S' .re~ i
I I \:YI~(] ~ (
:x::/ Wt~/ fJ--J l ') 0 ~
David B. Hericks
Marine Scientist
BEAK CONSULTANTS INCORPORATED
C \OPROJECT\PORT ANG\ WORKORDR.002\$ESTlMA T.L TR
May 30, 1996
Printed on Recycled Paper
, '- ~ 1"1
h .
EXHIBIT D
..
May 30. 1996
Mr. Robert Jones
Page 2
Re: Cost estimate for sediment monitoring and a geoduck survey for City of Port Angeles WWTP
wastewater outfall and CSOs.
Preliminary Task Cost Estimate
Task ISO - Project Management, Communications ... . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,500
Task 200 - Revise NPDES Samplmg and Analysis Plan (SMS SAP) . . . . . . . . . . . . . . . . . . $ 2,SOO
Task 250 - Revise SMS SAP to include PSDDA requirements or ~rite separate SAP ..... $ 5,000
Task 300 - Develop Geoduck Survey Plan ................. - . . . . . . . . . . . . . . . . S 3,000
Task 350 - Field Sampling MobiUzationIDemobilization (assume 2 mob/demob events) . . . . . S 4,900
Task 400 - Field Location of eso Outfalls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,SOO
Task 450 - NPDES and PSDDA Sediment Sample Collection (3-5 days @ $3,500/day) $ lO,500~17 ,500
Task. 500 - Chemical Analysis of Sediments (estimated t 7 samples @$i,450/sample) ..... $ 24,650
Task 550 - Bioassay Analysis of Sediments (estimated 17 samples and 2 reference samples) . $ 35,500
Task 600 - Conduct Geoduck Survey (estimated 3 days-2 divers + boat and operator) . . - - . . $ 8.100
Task 650 - Sampling and Analysis RepoI1S (pSDDA and NPDES/SMS) . . . . . . . . . . . . . . . $ 8,400
Task 700 - Geoduck Survey Repon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,500
Task 750 - SEDQUAL sediment database preparatioDlsubmiual .... - .. - . . . . . . . . . . . $ 1,200
TOTAL $118,250
C.\OPR.OJECiII'ORT A."'lO\WORKORDR.002\$€STIMAT L TR
May 30. 1996
Printed on Recycled Paper
'. .'~'
. <
. ~
EXHIBIT E
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION/FACILITIES NONDISCRIMINATION
(The following clause is applicable unless, and to the extent that, this contract is exempt under the rules, regulations, and
relevant orders of the Secretary of labor, including 41 CFR, Ch, 60.)
During the performance of this contract, the Consultant/Contractor agrees as follows:
a
The ConsultanUContractor Will not discriminate against any
employee or applicant for employment because of race, color,
religion, sex, Vietnam era veteran status, disabled veteran
condition, physical or mental handicap, or national origin The
ConsultanUContractor Will take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment, WIthout regard to their race, color, religion, sex, or
national origin The ConsultanUContractor will take affirmative
action to employ, advance In employment, and otherwise treat
qualified speCial disabled or Vietnam era veterans and
handicapped Individuals Without diSCrimination based upon their
disability or veterans' status or physical or mental handicap In all
employment actions. Such actions shall Include, but not be
limited to, the follOWing: employment, upgrading, demotion, or
transfer, recruitment or recruitment advertising, layoff or
termination; rates of payor other forms of compensation, and
selection for training, including apprenticeship The
ConsultanUContractor agrees to post In conspIcuous places,
available to employees and applicants for employment, notices to
be provided by the local United States Department of Labor Office
setting forth the prOVISions of thiS Equal Opportunity/Affirmative
Action clause
e.
The ConsultanUContractor Will furnish all information and reports
reqUired by Executive Order No 11246 of September 24, 1965,
and by the rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to hiS books,
records, and accounts by the contracting agency and the
Secretary of labor for purposes of investigations to ascertain
compliance With such rules, regulations and orders
b
The ConsultanUContractor will, in all soliCitations or
advertisements for employees placed by or on behalf of the
ConsultanUContractor, state that all qualified applicants will
receive conSideration for employment Without regard to race,
color, religion, sex, phYSical or mental handicap, or national Origin,
and that the ConsultanUContractor is under the legal obligation to
take affirmative action to employ, advance In employment, and
otherwise treat qualified speCial disabled or Vietnam era veterans
and handicapped indiViduals Without diSCrimination based upon
their disability or veterans' status or phYSical or mental handicap
in all employment actions All SUitable employment openings
existing at contract award or occurring dUring contract
performance will be listed at the state employment source office In
the locality where the opening occurs, prOVided that thiS listing
reqUirement shall not apply to openings that the
ConsultanUContractor intends to fill from Within ItS own
organization or under a customary and traditional employer-Union
hiring agreement
The Consultant/Contractor Will not, on grounds of race, color,
religion, sex, phYSical or mental handicap, or national origin
Deny an individual any services or other benefits
prOVided under this agreement,
2. PrOVide any servlce(s) or other benefits to an individual
which are different, or are prOVided In a different
manner from those prOVided to others under thiS
agreement,
3 Subject an IndiVidual to segregation or separate
treatment In any manner related to the receipt of any
servlce(s) of other benefits prOVided under thiS
agreement;
4 Deny any indiVidual an opportUnity to participate In any
program prOVided by thiS agreement through the
provIsion of services or otherwise, or afford an
opportUnity to do which is different from that afforded
others under thiS agreement The
ConsultanUContractor, In determining (1) the types of
services or other benefits to be prOVided or (2) the
class of indiViduals to whom, or the situation In WhiCh,
such services or other benefits Will be prOVided or (3)
the class of individuals to be afforded an opportunity to
partIcipate In any services or other benefits, Will not
utilize criteria or methods of administration which have
the effect of subjecting IndiViduals to diSCrimination
because of their race, color, sex, religion, national
Origin, creed, or the presence of any sensory, mental or
phYSical handicap
g
In the event of ConsultanUContractor noncompliance With the
nOndiSCrimination requirements of thiS contract or With any of the
said rules, regulations, or orders, thiS contract may be canceled,
terminated or suspended, in whole or in part, and the
ConsultanUContractor may be declared ineligible for further
government contracts In accordance with procedures authorized
In Executive Order No 11246 of September 24, 1965, and such
other sanctions may be imposed and remedies Invoked as
provided in Executive Order No 11246 of September 24, 1965, or
by rule, regulation, or order of the Secretary of Labor, or as
otherwise prOVided by law.
c
The ConsultanUContractor Will send to each labor union or
representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a
notice, to be prOVided by the agency Contracting Officer, adVISing
the said labor union or workers' representative of the
ConsultanUContractor's commitments under thiS Equal
Opportunity/Affirmative Action clause, and shall post copies of the
notice In conspicuous places available to employees and
applicants for employment
h
The ConsultanUContractor will Include the prOVisions of
paragraphs a through g In every subcontract unless exempted by
the rules, regulations, or orders of the Secretary of Labor
d
The Consultant/Contractor will comply With all provisions of
Executive Order No 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor,
including, but not limited to, the rules, regulations and orders
issued by the Secretary of Labor under the Vietnam Era Veterans'
Readjustment Assistance Act of 1972, and the Rehabilitation Act
of 1973 (29 USC 793), as amended
City of Port Angeles - June, 1996]
beak
consultants
incorporated
~C3'C'.ICl _ 5 . -<!D5,
12931 N.E. 126th Place
Kirkland, Washington 98034-7715
(206) 823-6919 . FAX (206) 820-9399
beak
August 27, 1996
Mr. Gary W. Kenworthy, P.E.
City Engineer
City of Port Angeles
321 E. Fifth, P.O. Box 1150
Port Angeles, Washington 98362
Re: Professional Services Agreement, sediment Sampling and geoduck survey for WWTP outfall
and CSOs.
Dear Mr. Kenworthy:
Enclosed is a final copy of the agreement for professional services. The changes-made by the city
on pages one and five of Exhibit A have been initialed. I appologize for overlooking your request
when you last fowarded the contract to us.
If you have any further questions please do not hesitate to call me at (206) 823-6919.
~JJ6M
David B. Hericks
Marine Scientist
BEAK CONSULTANTS INCORPORATED
DBH:dh
enc
C \OPROJECT\PORTANG\827CTRCT LTR
August 27, 1996
Printed on Recycled Paper
CITY OF PORT ANGELES
PUBLIC WORKS
321 East Fifth Street, PO Box 1150
Port Angeles, Washington 98362-1150
Phone (360) 417-4805
Fax (360) 417-4609
TTY Phone (360) 417-4645
e-mail papwdept@olympus.net
June 26, 1996
Mr. David B. Hericks
Beak Consultants, Inc.
12931 N.E. 126th Place
Kirkland, WA 98034-7715
RE: Professional Services Agreement, Sediment sampling and geoduck survey for WWTP
outfall and CSOs.
Dear Mr. Hericks:
Enclosed are two signed copies of the agreement for the referenced services. Please have
the revisions on pages one and five of Exhibit A initialed and return one copy for our files.
Very truly yours,
J\ L 11r-
~~worthY P.E.~
City Engineer
GWK'gk
enc
Copies J. PittlS, Dlr.
Disk C '\data\wplprojects\9509\beakagr3.gwk
File 95-09.o4a
Jack PlttlS, Director .
Phyllis Rasler, Administrative Assistant
Bob Jones, Solid Waste Supenntendent
Ken Ridout, Deputy Director
Tim Smith, Contracts Administrator
Ralph Ellsworth, Water Supenntendent
Lou Haehnlen, Sr BUilding Inspector
Gary Kenworthy, City Engineer
Dale Warner, Street Supenntendent
Pete Burrett, Equip. Services Supt
>"
."
01-0' I '1 ~
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
THE CITY OF PORT ANGELES
AND
BEAK CONSULTANTS, INC.
RELATING TO: SEDIMENT MONITORING AND GEODUCK SURVEY FOR WWTP OUTFALL AND CSOs
THIS AGREEMENT is made and entered into this~5~ay o~ _ IV TIME OF PERFORMANCE
, 1996, by and between THE CITY OF PORT 4 -
ANGELES, a non-charter code city of the State of Washington,
(hereinafter called the "CITY") and BEAK CONSULTANTS, Inc., a
Washington Corporation (hereinafter called the "CONSUL TANr).
WHEREAS, the CITY desires to have assistance in sediment monitoring
and a geoduck survey for WNTP outfall and CSOs, and
WHEREAS, the CITY desires to engage the professional services and
assistance of a qualified consulting firm to perform the scope of work as
detailed in Exhibit A, and
WHEREAS, the CONSULTANT represents that it is in full compliance
with the statutes of the State of Washington for professional registration
and/or other applicable requirements, and
WHEREAS, the CONSULTANT represents that it has the background,
experience, and ability to perform the required woO< in accordance with the
standards of the profession, and
WHEREAS, the CONSULTANT represents that it will provide qualified
personnel and appropriate facilities necessary to accomplish the work;
NOW, THEREFORE, in consideration of the above representations and
the terms, conditions, covenants and agreements set forth below, the
parties hereto agree as follows:
SCOPE OF WORK
The scope of professional services to be performed and the results to be
achieved by the CONSULTANT shall be as detailed in the attached
Exhibit A, and shall include all selVlces and material necessary to
accomplish the work.
The CITY may review the CONSULTANTS woO< product, and if it is not
satisfactory, based on the cnteria set forth in Exhibit A, the
CONSULTANT shall make such changes as may be required by the
CITY. Such changes shall not constitute "Extra Work" as related in
Section XI of this Agreement.
The CONSULTANT agrees that all services performed under this
Agreement shall be in accordance WIth the standards of the profession
and in compliance with applicable federal, slate and Jocallaws.
The Scope of Work may be amended upon written approval of both
parties.
II OWNERSHIP OF DOCUMENTS
Upon completion of the work, all documents, exhibits, photographic
negatives, or other presentations of the work shall become the property of
the CITY for use without restnclion and without representation as to
suitability for reuse by any other party unless specifically verified or
adapted by the CONSULTANT. However, any alteration or reuse of the
documents, by the City or by others acting through or on behalf of the City,
will be at the City's sole risk.
III DESIGNATION OF REPRESENTATIVES
Each party shall designate its representatives in wnting. The
CONSULTANTS representative shall be subject to the approval of the
CITY.
The CONSULTANT may begin work upon execution of this Agreement by
both parties. The woO< shall be completed in accordance WIth the
schedule set forth in the attached Exhibit A.
V
PAYMENT
The CITY shall pay the CONSULTANT as set forth In this section of the
Agreement. Such payment shall be full compensation for work performed,
services rendered, and all labor, materials, supplies, equipment and
incidentals necessary to complete the work.
A.
Payment shall be on the basis of the CONSULTANTS cost for
actual labor, overhead and profit plus CONSULTANTS direct
non-salary reimbursable costs as set forth in the attached
Exhibits Band C, respectively.
1. Labor costs shall be based on the hourly rates shovm
in Exhibit B.
2. The direct non-salary reimbursable costs are those
directly Incurred in fulfilling the terms of this
Agreement, Including, but not limited to, travel,
subsistence, telephone, CADD computer,
reproduction and printing, supplies and fees of
outside services and consultants. Ten percent
(10%) overhead and profit may be added to direct
non-salary reimbursable costs.
B.
The CONSULTANT shall submit invoices to the CITY on a
monthly basis. Invoices shall detail the work, hours, employee
name, and hourly rate; shall itemize with receipts and invoices
the non-salary direct costs; shall indicate the specific task or
actJvity in the Scope of Work to which the costs are related; and
shall indicate the cumulative total for each task.
C.
The CITY shall reVIew the invoices and make payment for the
percentage of the project that has been completed less the
amounts previously paid.
D.
The CONSULTANT invoices are due and payable within 30
days of receipt. In the event of a disputed billing, only the
disputed portion WIll be withheld from payment.
Final payment for the balance due to the CONSULTANT will be
made upon the completion of the work and acceptance by the
CITY.
E.
F. Payment for "Extra Work" performed under Section XI of this
Agreement shall be as agreed to by the parties in writIng.
VI MAXIMUM COMPENSATION
Unless otherwise agreed to in writing by both parties, the
CONSULTANTS total compensation and reimbursement under this
Agreement, including labor, direct non-salary reimbursable costs and
outside services. shall not exceed the maximum sum of $118,250.00 as
shovm in the attached Exhibit D.
City of Port Angeles - June. 1996]
VII EMPLOYMENT
Employees of the CONSULTANT, while engaged in the performance of
any work or services under this Agreement, shall be considered
employees of the CONSULTANT only and not of the CITY, and claims
that may arise under the Workman's Compensation Act on behalf of said
employees while so engaged, and any and all claims made by a third party
as a consequence of any negligent act or omission on the part of the
CONSULTANTS employees while so engaged, on any of the work or
services provided to be rendered herein, shall be the sole obligation and
responsibility of the CONSULTANT.
In performing this Agreement, the CONSULTANT shall not employ or
contract with any CITY employee without the City's written consent.
VIII NONDISCRIMINATION
The CONSULTANT shall comply with all applicable federal, state and
CITY nondiscrimination regulations and with the CITY'S Equal
Opportunity/Affirmative Action clause, which Is set forth in the attached
Exhibit E.
IX SUBCONTRACTS
A.
The CONSULTANT shall not sublet or assign any of the work
covered by this Agreement without the wntten consent of the
CiTY.
B.
The CONSULTANT will be using the firms submitted with its
proposal as subcontractors. Subcontractors other than those
listed shall not be permitted without the written consent of the
CITY.
C.
In all solicitation either by competrtive bidding or negotiation
made by the CONSULTANT for work to be performed pursuant
to a subcontract, including prOCurement of materials and
equipment, each potential subconsultant or supplier shall be
notified by the CONSULTANT of Consultant's obligations under
this Agreement, including the nondiscrimination requirements.
X
CHANGES IN WORK
Other than changes directed by the CITY as set forth in Section I above,
either party may request changes in the scope of work. Such changes
shall not become part of thiS Agreement unless and unlll mutually agreed
upon and incorporated herein by wntten amendments to this Agreement
executed by both parties.
XI
EXTRA WORK
The CITY may desire to have the CONSULTANT perform work or render
sel'Vlces in connection with this project, in addrtion to the Scope of Work
set forth in Exhibit A and minor revisions to satisfactorily completed work.
Such work shall be considered as "Extra WorI(' and shall be addressed in
a written supplement to this Agreement. The CITY shall not be
responsible for paying for such extra work unless and until the written
supplement is executed by both parties.
XII TERMINATION OF AGREEMENT
A.
The CITY may terminate this Agreement at any time upon not
less than ten (10) days wntten notice to the CONSULTANT.
Written notice WIll be by certified mail sent to the consultant's
designated representative at the address provided by the
CONSULTANT.
B.
In the event this Agreement is terminated prior to the completion
of the work, a final payment shall be made to the
CONSULTANT, which, when added to any payments
previously made, shall compensate the CONSULTANT for the
percentage of work completed. '
In the event this Agreement is terminated pnor to completion of
the work, documents that are the property of the CITY pursuant
to Section II above, shall be delivered to and received by the
CITY pnor to transmittal of final payment to the CONSULTANT.
C.
XIII INDEMNIFICATION/HOLD HARMLESS
The CONSULTANT agrees to indemnify the CITY from any claims,
damages, losses, and costs, including, but not limited to, attorney's fees
and litigation costs, arising out of claims by third parties for property
damage and bodily injury, including death, caused solely by the negligence
or willful misconduct of the CONSULTANT, CONSULTANT employees,
affiliated corporations, officers, and subcontractors in connection wrth the
work performed under this Agreement.
The CITY agrees to indemnify the CONSULTANT from any claims,
damages, losses, and costs, including, but not limited to, attorney's fees
and litigation costs, arising out of claims by third parties for property
damage and bodily injury, including death, caused solely by the negligence
or willful misconduct of the CITY, CITY's employees, or agents in
connection with the work performed under this Agreement.
If the negligence or willful misconduct of both CONSULTANT and CITY
(or a person identified above for whom each is liable) is a cause of such
damage or injury, the loss, cost, or expense shall be shared between the
CONSULTANT and the CITY in proportion to their relative degrees of
negligence or willful misconduct and the right of indemnity shall apply for
such proportion.
Should a court of competent junsdlction determine that this Agreement is
subject to RCW 4.24.115, then, in the event of liability for damages ansing
out of bodily injury to persons or damages to property caused by or
resulting from the concurrent negligence of the CONSULTANT and the
CITY, its officers, officials, employees, and volunteers, the
CONSULTANTS liability hereunder shall be only to the extent of the
CONSULTANTS negligence. it is further specifically and expressly
understood that the indemnification provided herein constitutes the
CONSULTANTS waiver of immunity under Industrial Insurance, Title 51
RCW, solely for the purposes of this indemnification. This walVef has
been mutually negotiated by the parties. The provisions of thiS section
shall sUlVIVe the expiration or termination of this Agreement. However,
the CONSULTANT expressly reserves its rights as a third person set
forth In RCW 51.24.035.
XIV
INSURANCE
The CONSULTANT shall procure and maintain for the duration of the
Agreement, Insurance against claims for Injuries to persons or damage to
property which may arise from or In connection WIth the performance of
the work hereunder by the CONSULTANT, its agents, representatives,
employees or subcontractors.
The CONSULTANT shall prOVide a Certificate of Insurance eVIdencing.
1. Automobile lIabilltv insurance WIth limits no less than $1,000,000
combined single limit per aCCident for bodily injury and property damage,
and,
2. Commercial Generalllabilitv insurance wntten on an occurrence baSIS
with Iimrts no less than $1,000,000 combined single limit per occurrence
and $2,000,000 aggregate for personal injury, bodily injury and property
damage. Coverage shall include but not be limited to: blanket contractual;
products/completed operations; broad form property damage; explOSion,
collapse and underground (XCU) if applicable; and employer's liabilIty;
and,
3. Professional Liabilitv insurance with Iimrts no less than $1,000,000 Iimrt
per occurrence.
Any payment of deductible or self insured retention shall be the sole
responsibility of the CONSULTANT.
The CITY shall be named as an additional insured on the CommerCial
General Liability insurance policy, as respects work performed by or on
behalf of the Consultant arid a copy of the endorsement naming the
CITY as additional Insured shall be attached to the Certificate of
Insurance. The CITY reserves the right to review a certified copy of all
required insurance policies in the CONSULTANTs office.
The CONSULTANTS insurance shall contain a clause staling that
coverage shall apply separately to each insured against whom claim IS
City of Port Angeles - June. 1996]
made or suit Is brought, except with respects to the limits of the insurer's
liability.
The CONSULTANTS Insurance shall be primary insurance as respects
the CITY, and the CITY shall be given thirty (30) days priorwntten notice
of any cancellation, suspension or material change in coverage.
xv APPUCABLE LAW
This Agreement shall be construed and interpreted in accordance with the
laws of the State of Washington, and in the event of dispute the venue of
any litigation brought hereunder shall be Clallam County.
XVI EXHIBITS AND SIGNATURES
This Agreement, including its exhibits, constitutes the entire Agreement,
supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following
exhibits are hereby made a part of this Agreement:
Exhibit A - Scope of Work and Schedule
Exhibit B - Consultant Labor Costs
Exhibit C - Non-salary Reimbursable Costs
Exhibit D .. Preliminary Task Cost Estimate
Exhibit E - Equal Opportunity/AffirmatIve Action/Facilities
Nondiscrimination
In WITNESS THEREOF, the parties hereto have executed this
nt as of the d year first written above.
ATTEST:
"
~~. ~.~' .ldpWk
BECKY UPT , CI CLERK ~
Disc: C:\wp\data\project\9426\beakagr.gwk
FiI.,; 94-16.041';
City of Port Angeles - June , 1996]
EXHIBIT A
WORK ORDER 001
,. 2o\Clt~
BEAK-Reference No.: ~ -yeO,
Work Order Number: 001 ~
Date: May 13. 1996
TASK NA-1\1EfDESCIUPTlON
Client Reference Number:
Client Name: City of POIt Angeles
Client Administrator: Mr. Roben Jones
..
Task 150 - Project Management, Communications
Task 200 _ Revise Sediment Management Sta.n.da.rds Sampling and Analysis Plan (SMS SAP)
Task. 250 _ Revise SMS. SAP to include PSDDA requirements or write separate SAP
Task 300 - Develop Geoduck Survey Plan .
Task 350 - Field Sampling Mobilization/Demobilizarion
Task 400 - Field Location of eso Outfalls
Task 450 - Sediment Sample Collection
Task 500 - Chemical Analysis of Sediments
Task 550 - Bioassay Amlysis of SedimentS
Task 600 . Conduct Geoduck Survey
Task 650 - Sampling and Analysis Report
Task 700 - Geoduck Survey Report
Task 750 - SEDQUAL Da~ preparation/submittal
SECIION I - STAlL'\mNT OF WORK
This work order SetS forth tasks to provide for sampling and analysis of sedimentS in the vicinitY of the City
of Port Angeles Wastewater Treaancru: Plant (WWTP) Outfall 001 and CSO outfalls and produce a
seciir.1em baseline stUdy report satisfying the requirementS of conditions S11 and. S 12 (Sediment Monitoring
and CSO Monitoring) of the City ofFon Angeles NPDES Permit No. WA-002397-3. 11".e Scope of Work
shill be as set forth in the City of Port Angeles 'OtctfalL aru:i CSO Sediment Baselir.e Sampling (llUi Analysis
P!an' (Beak Consultants. November 1994) and revisions to the plan in response to Washington State
Deparanent of Ecology (Ecology) comments of April 18 , 1996. This work order also sets forth tasks to
provide for sampling and analysis of sediments to be excavated for placement of the new diffuser which
may be required under the provisioIJ.S of the Puget Sound Dredged Disposal Analysis (PSDDA) program.
as developed under Task 230 below and for a geoduck survey according to the plan develo?ed under Task
300 below. This work order is pan of the Agreemcm for Professional Services between the City of Pan
Angeles and Beak ConsultantS Incorporated (dated May , 1996). and amends and modifies this agreement
as stated in specific sections ofmis work order.
SECTION n - DESCRIPTION OF WORK
Task 150 _ Project ~lanagemeDi, Communications - Beak will manage the project and Tn:li"t~in
comnimncation with the City's Project Monitor during the course of the project. Beaks' Project Manager
..",ill initiate telephone conversations to the Project Monitor 011 a minimum of a monthly basis to provide
SW11S updates on Vie progress of the project. The Beak Project Managet will review project expenditures
and approve invoices prior to submittal on a montbly basis. Beak will particip~te in telephone
P7ANGELE.DOC
Page 1
May 13. 1996
EXHIBIT A
conversations with the City ofPon Angeles Project Monitor, and Ecology persoDllel to resolve/negotiate
issues regarding the sampling plan and the fInal report. This taSk does not provide for mee~.
Task 200 - Revise Sediment Managemalt Standards Samplirig and Analysis Plan (SMS SAP) - Beak
will revise or amend by letter the City of Port'Angeles 'Outfall and CSO Sediment Bastlme Sampling and
Analysis Plan' (SAP; Beak COJl~J11tln,\ts, 1994). The plan, \YTitten to fulfill requirementS of the Washington
State Sediment Management Standards (5MS; WAC 17,3-204) will be revised. or amended to address
Ecology commentS contained in the April 18 1996lener v.'ritten from Ms. Camela Meriwether of Ecology
to Mr. Render Denson of Brown and Caldwell.
Task 250 - Revise SMS SAP to include PSDDA requirements or write separate SAP . Beak will expand
the SMS SAP or write a separate plan for the samp~g and analysis of sediments to be ex:::avated from the
trench dug for placement of the diffuser. This sampling may be required under provisions of the PSDDA
prosram as identified in discussions with US Army Corps of Engineers (USACOE) personr.el and other
PSODA agen:::ies.
Task 300 - Develop Geoduck Survey Plan - Beak will negotiate and write a geoduck survey pLan in
consultation with the Washington State Departmem of Health (DOm, and the Washington State
Department of Fish and Wildlife (WDFW) and the Washington State Department of Naroral Resources
(ONR).
Task 350 - Field Sediment Sampling Mobilization/DemobilizaIion - Beak personnel will perform
logistic preparation and. coordination before and after the field sampling effort. Beak v.ill coordinate with
the analytical and bioassay laboratory personnel to obtain the appropriate sample containers prior to the
field sampling effort. Other tasks which Eeak will perform include coordination/contracting of the
sampling vessel, purchase of deconwnmation solventS and expendable supplies and preparation of
sampling and navigation equipment.
Task 400 - Field Location of CSO Outfalls . Beak personnel will locate the CSO outfalls with the
assistance of City of Port Angeles persocnel after arrival in Port .~geles for the field sediment sample
collecuon effort. TIlls may require wing dye tracers to locate the ends or the Eas: Francis Street and \Vest
Fran::is Street CSO Outfalls.
Task 450 - Sediment Sample Co11edion - Beak personnel will perform sampling in accordance with the
revised or amended City of Pon Angeles 'Outfall and CSO Sediment Baseline Sampling and Analysis
Plan. This sampling effort will also include coll~ti.Dg sedimerttS samples under the prOVISions of the
PSDDA program as identified unc1er Task 250 above. Beak personnel will collect samples near the City
of Port Angeles WWTP outfall 001 and 6 esos as 5pecIDcd in the Plan. Samples for both chemical and
biological analyses as required under both the SMS a.od PSDDA program will b: collected at the same time
during the iield effon.
Task 500 - Chemical Analysis - Sediment chemisuy saIII?les will be submitted to an accredited analytical
laboratOry for analysis of conventional parame:ers (total solids, total volatile solids, total organic ::arbon.
total su1fid~. ammonia, oil and grease. grain size) and specific parameters in the following chemical
groups:
Page 2
M&y 13. 1996
PT ANGE.LE.DOC
EXHIBIT A
.
.
.
.
Metals
Polycycli: Aromatic Hydrocarbons
Chlorinated Hydrocarbons
Volatile Organic Compounds
.
.
.
.
.
Phrl:l.al.ate Esters
Phenols
Polychlorinated Biphenyls
Pesticides
Miscellaneous Organics
The results or the chemical analyses will be compared with the marine SQS chemical criteria in (WAC
1 73-2Q4.320[2]). If all test sedimer.ts pasli the initial designation procedures of WAC 173.204-310. (e.g.
do not exceed marine SQS criteria) no further testing will be conducted and a final rcpon will be prepared
(Task 650). The results of chemical analyses performed on the PSDDA sea.imem samples will be evaluated
for compliance with PSDDA Chemistry Guidance values as per Task 250.
Task SSO - Bioassay Analysis - Biological samples will be stored a.t ue bioassay laboratory pending
outcome of the sediment c~emisuy analyses. If initia.l designation of any of the test sedL.-nems fall.
Confirmatory Marine Sediment Biological Tes~ ~WAC 173-204-315) will be performed on only those
samples which exceed SQS criteria. Bioassay analyses will be initiated within 56 days of sample collection,
provided that the analytical lab provides notification of SQS e;(ceed.a.nces within 21 days or receiving the
samples.
A reference sample for bioassay analysis wiil be collected from all approved Puget Sound reference area
and tested conCUITemly with the test sedimentS. Two acute and one chronic bioassay a.~ysis will be
conducted on each test, reference and control sediment. The results of tbe bioassay analyses will be
compared with the marine SQS biological effects criteria (WAC 173-204-320).
Sediment samples collected for Bioassay Analysis under PSDDA requirereents will be tested and evaluated
as identified under TiSk 250.
Task 600,; Conduct Geoduck Survey - Beak personnel will conduct a survey for geoducks i:l the vicinity
of W\VTP Outra.ll 001 accordi..."1g to the p!an developed under Task 300 above.
Task 650 ~ Samp1.i.ng and Analysis Report - Beak will prepare 2. final report documenting the activities
associated with the sediment monitoring study. The bioassay aDd chemical anaiysis laboratory reportS w1ll
be included as appendices. In accordance with WAC 173-204-600 and Ecology requirements. descriptions
of the following will be inGluded in the flnal report:
. Sampling equipment and methods . Sample descriptions-
. Sample collection personnel . Chemical analysis protOCOls
. Sampling dates . Chain-of-custody procedures
. Sample location and depth . Quality assurance/quaiity comrol procedures
. Sample positioning methods . Raw data. results from laboratory analyses
. Sampie cornpositing procedures . QA2 data required for data validation
.
Task 700 - Geoduck Survey Report - Beak will prepare a. repon presenting the results of the geoduck
survey conducted under Task 600 above.
Task 750 . SED QUAL Data Submittal - Beale will enter aU sampling and sediment chemistry and.
pago 3
May 13. 19S16
PT ANOEl.E.t)OC
EXHIBIT A
bioassay data into a LOTUS 123Di file for input into Ecology's SEDQUAL database. Beak personnel will
perform quality assurance checks of the entered data and will coordina~e with Ecology managers for
submittal of the data in electronic format. Beak will also photocopy and subIIUt ODe copy of the laboratory
quality assurance/raw data (QA2) to The City of Port Angeles for forwarding to Ecology.
SECTION m . DELIVERABLE PRODUcrS
Beak will submit six copic! of the final Sampling and Analysis repore, with laboratory reportS as
appendices, to the City of Pon Angeles Project Moritor. Beak will prepare and submit one copy of the
QA2 laboratory data and one diskette containing LOTUS 123ft files with SEDQUAL data. to the City of
Pon Angele! Project Monitor (for submittal to Ecology's database manager).
SECTIO~ IV .. BEAK RESPONSIBILITIES
BEAK will ensure that the services set forth in this work order. whethe~ performed by Beak or by
subcontraCtors employed by Beak. are performed in accordance with the procedures and protocols
described and/or referenced in the revised or amended City of POrt Angeles Ouifall and CSO Sediment
B4seline Sampling and Analysis Plan and response to commems to this plan as described in this work
order. The services will also be performed in accordance with the PSDDA SAP and geoduclc survey plan
identified under Tasks 250 and 300 above.
Prior to the collection of samples. BEAK will provide the Ci~ with documentation establishing that
laboratOries selected to perform chemical analysis and bioassays hold current accreditation from the
Department of Ecology for all test procedures to be performed. excepting &.05: procedures for which no
accreditation bas been established.
Beak will make all reasonable effort to ensure that holding times for all sanl!Jles are not exceeded and that
chemical analysis is compleeed in time to identify WII?les requirh,g bioassay and compleee bioassay testing
, within holding times specified in the Sampling and Analysis Plan. Beak will provide the City with timely
notification of any problems in sampling and/or analysis so the Ciey can arT2.Ilge any ex.tenSions of reporting
tUnelines necessary with the Department of Ecology. In the event wt resa:npling is needed. BEAK will
arrange in a timely manner to conduCt additional sampling and coordinate teSting at the rates .for such
services established in this work order.
Beak is responsible for securmg all sampling equipment. collecting the SaIIl?ies and coordination with the
ADalytical and Bioassay wora:ories. Beak is not responsible for obtaining approval of the Sampling and
Analysis plan from Ecology, but Beak can as!ist the City in this effon. If requested by the City of Pon
Angeles, Beak will respond to questions and. comments from Ecology whiw"l are specifically related to the
above scope of work to the extent that the questions and/or commems can be addressed with a telephone
conversation or a written communication.
SECtION V -. CLIENT RESPONSIBILITIES
The City of pon Angeles is responsible for meeung the requirementS of the NPDES pennit and any
associated regulatOry requirementS. such as teSting and disposal requirementS under the PSDDA program.
PTA."'iGELE.1)OC
Page 4
May 13. 1996
EXHIBIT A
imposed by Ecology and other state agencies. The City is responsible for providing Beak with and
AutoCad * .DWG or .. .DXF file 01 a coordina.re-referenced map of the pon Angeles Harber area with the
shoreline and a.ccurate positions of the VlWTP 001 and specified CSO outfalls in the Washington State
Plane coordinate system. The City will provide t1W file mdJor map to Beak 8l least 2 weeks prior [0
sample collection.. such that coordinates of the planned sampling stations can calculated relative to the
diffuser in the appropriate coordinate system as specified in the sampling plan.
!!!!!!!I
SECTION VI - SCHEDULE
Beak will obsexve the following tim=lines:
1. Completion of sediment Sanl;lle collection and geoduck survey; ="0 later than Jul}' 31, 1996.
2. Submission of the :6m.l Sampling and Analysis report.. geoduck survey repon. QA2 laboratOry data
and SEDQUAL data on computer diskette to the Ci:y: No later than October 31, 1996.
It is understOOd by both parties that the naOJIe of this project is time sensitive and that the holding times
of the teSt samples are limited. Beak will work with the leboratories and make every effon to accomplish
all the necessary teSting within these holding tiInes. If necessary to meet time constraints. Beak will select
alternate laboratories and coordina~e the transfer of smxples and arrange for analysis according to protoCols
in the revised OT amended City of Port Angeles Outfall and CSD Sediment Baseline Sampling and Analysis
Plan .
In the event that notwithStanding the best effortS of Beak. difficulties in chemical analysis and/or bioassay
testing ca.use dcl.ays and exceeda.nce.s of regulatory holding times and require the collection of additiooal
samples. Beak will provide additional sampling and coordination at the rates for such services established
in this work order.
s
~
~. 0 ·
monthly statemems detailing the time. materials and other cJCPenses . rred towanis
completion of set forth in Section 2, Descriptio!} of Work. in this work 0 . Charges shall be
made at the rateS as set m the following section. In the event that Beak. de . s that the total cost.
iIl.cluding related expenses as riDed In agreement 22133. of any task ted in the task cost estimate
incorporated in this work order w ' xceed the estimated cost, B shall obtain authorization for the
additional expenditure from the City prio incurring the eXP. . The City shall not be responsible for
payment of charges in excess of those Set forO st estimate unless such increased charges have
been authorized in writing by the City.
monthly basis.
each moDlh for Services performed the preceding month. oices shall be payable upon receipt
by elient and &ball be past 0 da.ys after the date of the invoice. may assess to Client a late-
payment charge for an . oiced amoum not paid within 30 clays after the date 0 invoice. which charge
shall be equal to erCenI per month of the unpaid amount from the date of the . . cc until paid.
PTANGEt.2.DOC
Page 5
Mar 13. 1996
.
EXHIBITS B & C
SECTION VIII - 1996 SCHEDULE OF FEES
The Schedule of Fees in effect on th~ date Beak and Client accept a work order shall apply to Services
performed under that work order.
Hourl~ Charves for Penonnel
Professional Staff Categories
Project Principal
Project Associate
Senior Scientist
Scientist m
Scienti$t n
Scientist I
Technician II
Technician 1
SllS-1401hr.
85-120
65-90
SO-70
40-55
35-50
3Q..4S
25-35,
Support Staff
Administrator
Adm.inistrarive Assistant
Graphics
Word Processing
Clerical
55-65
30-45
SO
40
25-35
~n~
Use of Beak owned or leased equipment is billed according to the following schedule plus 10
percent:
Photocopies
Facsimile
Video Camera
Underwater Video Camera
Hydrolab
Company Vehicles 4-wheel drive
S.13/pg.
.30Ipg.
SO/day
125/day
100/day
O.6S/mi.
Other Beak fielcl equipment is available and use rates will be quoted"on an individual project basis.
Other dI.rect project costs for disbursementS including subcontractors are billed at cost plus 10
percent.
Page 6
May 13. l~
PTANGELB.COC
beak
beak
consultants
incorporated
EXHIBIT U
12931 N.E. 126th Place
Kirkland, Washington 98034-7715
(206) 823-6919 . FAX (206) 820-9399
May 30, 1996
Mr. Robert Jones
Solid WastefWastewater Treatment Superintendent
City of Port Angeles
321 E. Fifth, P.O. Box 1150
Port Angeles, Washington 98362
I
via fax: (360) 417-4609
fP-
~(p
Re: Cost estimate for sediment monitoring and a geoduck survey for City of Port Angeles WWTP
wastewater outfall and CSOs.
Dear Mr. Jones:
At your request, I am forwarding the attached preliminary cost estimate for performing the scope of
work outlined in our work order to the City of Port Angeles, dated May 13, 1996. Since the specific
requirements for the NPDES and PSDDA sediment sampling plans and the geoduck survey have not
been established or approved by the agencies, these estimates are preliminary. Once the plans are
approved the cost for conducting the sampling, analysis and reporting can be estimated with much
more certainty. I have developed the attached cost estimates based on my experience and
presumptions of what I think the agencies will require.
These estimated costs tend toward the higher range of that expected, and thus may be useful for
budgeting. I anticipate that there will be a number of opportunities during the course of the project
that will allow us to realize cost savings. For example, the bioassay costs may not be incurred if the
results of the chemical analysis are favorable. Additionally, if we are able to gain approval for
placement of the original dredged material back into the new diffuser trench, the PSDDA sampling,
analysis, and reporting will not have to be done, resulting in a significant savings.
If you have any further questions please do not hesitate to call me at 823-6919.
r;rG /2(1 ( ~,I
'i)~ V~0L'Y
David B. Hericks
Marine Scientist
BEAK CONSULTANTS INCORPORATED
C:\OPROJEC1\PORT ANG\ WORKORDR.002\SESTIMA T.L TR
May 30,1996
Printed on Recycled Paper
EXHIBIT 0
~
May 30. 1996
Mr. Robert Jones
Page: 2
Re: Cost eslimate for sediment monitoring and a geoduck survey for City of Port Angeles WWTP
wastewater outfall and CSO$.
Preliminary Task Cost Estimate
Task 150. Project Management, Communications .......... . . . . . . . . . . . . . . . . . . . $ 3.500
Task 200 - Revise NPDES Sampling and Analysis Plan (SMS SAP) . . . . . . . . . . . . . . . . . . $ 2,500
Task 250 - Revise SMS SAP to include PSDDA requirements or ~rite separate SAP ...... $ 5,000
Task 300 - Develop Geoduck Survey Plan .................................. $ 3,000
Task 350 - Field Sampling MobiJ.izationlDemobilization (assume 2 mob/demob events) . . . . . S 4.900
Task 400 - Field Location of eso Outfalls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500
Task 450 - NPDES and PSDDA Sediment Sample Collection (3-5 days @ $3,500fday) S 10,500-17,SOO
Task 500 - Chemical Analysis of Sediments (estimated.17 samples @Si,450/sample) ..... S 24,650
Task 550 - Bioassay Analysis of Sediments (estimated 17 samples and 2 reference samples) . $ 35,500
Task 600 - Conduct Geoduck Survey (estimated 3 days-2 divers + boat and operator) . . . . . . $ 8.100
Task 650 - Sampling and Analysis Reports (pSDDA and NPDES/SMS) . . . . . . . . . . . . . . . $ 8,400
Task 700 - Geoduck Smvey Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,500
Task 7S0 - SEDQUAL sediment database preparation/submittal ,................... $ 1,200
TOTAL $118,250
) .
C.\OPROJECTIJ'ORT A.. "'lO\WORlCORDR.OO2\SESTIMA T.L 1ll
May 30. 1996
PrinteC Dn Recyaed Paper
, .
"
EXHIBIT E
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION/FACIUTIES NONDISCRIMINATION
(The following clause is applicable unless, and to the extent that, this contract is exempt under the rules, regulations, and
relevant orders of the Secretary of labor, including 41 CFR, Ch. 60.)
During the performance of this contract, the Consultant/Contractor agrees as follows:
a.
The Consultant/Contractor will not discriminate against any
employee or applicant for employment because of race, color,
religion, sex, Vietnam era veteran status, disabled veteran
condition, physical or mental handicap, or national origin. The
Consultant/Contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, or
national origin. The Consultant/Contractor will take affirmatIVe
action to employ, advance in employment, and otherwise treat
qualified special disabled or Vietnam era veterans and
handicapped individuals WIthout discrimination based upon their
disability or veterans' status or physical or mental handicap in all
employment actions. Such actions shall include, but not be
limited to, the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or
termination; rates of payor other forms of compensation; and
selection for training, including apprenticeship. The
Consultant/Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to
be provided by the local United States Department of Labor Office
setting forth the provisions of this Equal Opportunity/AffirmatIVe
Action clause.
e.
f.
The Consultant/Contractor will fumish all information and reports
required by Executive Order No. 11246 of September 24, 1965,
and by the rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the contracting agency and the
Secretary of labor for purposes of investigations to ascertain
compliance with such rules, regulations and orders.
The Consultant/Contractor will not, on grounds of race, color,
religion, sex, physical or mental handicap, or national origin:
1. Deny an individual any services or other benefits
provided under this agreement;
2. Provide any service(s) or other benefits to an individual
which are different, or are provided in a different
manner from those provided to others under this
agreement;
3. Subject an individual to segregation or separate
treatment in any manner related to the receipt of any
service(s) of other benefits provided under this
agreement;
4. Deny any individual an opportunity to participate in any
program provided by this agreement through the
provision of services or otherwise, or afford an
opportunity to do which is different from that afforded
others under this agreement. The
Consultant/Contractor, in determining (1) the types of
services or other benefits to be prOVIded or (2) the
class of individuals to whom, or the situation in which,
such services or other benefits will be prOVIded or (3)
the class of individuals to be afforded an opportunity to
participate in any services or other benefits, will not
utilize cnteria or methods of administration which have
the effect of subjecting indIViduals to discrimination
because of their race, color, sex, religion, national
origin, creed, or the presence of any sensory, mental or
physical handicap.
g.
In the event of Consultant/Contractor noncompliance with the
nondiscrimination requirements of this contract or with any of the
said rules, regulations, or orders, this contract may be canceled,
terminated or suspended, in whole or in part, and the
Consultant/Contractor may be declared ineligible for further
govemment contracts in accordance with procedures authorized
in Executive Order No. 11246 of September 24, 1965, and such
other sanctions may be imposed and remedies invoked as
provided in Executive Order No. 11246 of September 24, 1965, 0
by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
b.
The Consultant/Contractor will, in all solicitations or
advertisements for employees placed by or on behalf of the
Consultant/Contractor, state that all qualified applicants will
receive consideration for employment without regard to race,
color, religion, sex, physical or mental handicap, or national origin,
and that the Consultant/Contractor IS under the legal obligation to
take affirmative action to employ, advance in employment, and
otherwise treat qualified special disabled or Vietnam era veterans
and handicapped individuals WIthout discrimination based upon
their disabtllty or veterans' status or physical or mental handicap
in all employment actions. All suitable employment openings
existing at contract award or occurring during contract
performance WIll be listed at the state employment source office in
the locality where the opening occurs, provided that this listing
requirement shall not apply to openings that the
Consultant/Contractor intends to fill from wrthln its own
organlzatJon or under a customary and traditional employer-union
hiring agreement.
h.
The Consultant/Contractor will include the provisions of
paragraphs a through g in every subcontract unless exempted by
the rules, regulaltons, or orders of the Secretary of Labor.
c.
The Consultant/Contractor will send to each labor union or
representative of workers WIth which he has a collective
bargaining agreement or other contract or understanding, a
notice, to be provided by the agency Contracting Officer, advising
the said labor union ,or workers' representative of the
Consultant/Contractor's commitments under this Equal
Opportunity/Affirmative Action clause, and shall post copies of the
notice in conspicuous places available to employees and
applicants for employment.
The Consultant/Contractor will comply WIth all provisions of
Executrve Order No. 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor,
including, but not limited to, the rules, regulations and orders
issued by the Secretary of Labor under the Vietnam Era Veterans'
Readjustment Assistance Act of 1972, and the Rehabilitation Act
of 1973 (29 USC 793), as amended.
d.
City of Port Angeles - June, 1996]