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HomeMy WebLinkAbout5.266 Original Contract"1111 SHANNON WILSON, INC. Over Geotechnical Consultants 35 Years of Engineering and Applied Geosciences Excellence 400 North 34th Street, Suite 100 P.O. Box 300303 Seattle, WA 98103 (206) 632 -8020 Fax: (206) 633 -6777 July 19, 1991 City of Port Angeles Public Works Department P.O. Box 1150 Port Angeles, Washington 98362 Attn: Mr. Tim Smith TP- 7687 -1 RECEIVED JUL 2 2 1991 CITY OF PORT ANGELES FUb'_i: WORKS RE: PROPOSAL FOR PROFESSIONAL SERVICES TO REMOVE AND UPGRADE EXISTING USTs AT PORT ANGELES CORPORATION YARD AND LANDFILL SITES Shannon Wilson is pleased to submit our revised proposal for professional services to remove and upgrade your corporation yard USTs. The revised scope is based on a phone discussion and a fax dated July 5, 1991 from you. We understand that there is no room in your 1991 budget for UST replacement, so you hope to complete the design this year and install new tanks in January, 1992. PROJECT APPROACH The project approach is based on the understanding of Port Angeles facilities as described in our initial proposal dated June 11, 1991. In the revised scope of work, designing only the facilities at the corporation yard, Shannon Wilson proposes to provide a set of plans and specifications for use by Port Angeles for contracting the replacement of existing fuel tanks at the corporation yard. The design would consist of two 6,000 gallon double -wall Sti -P3 steel tanks, double -wall flexible piping system, tank level monitor to keep track of amount of product in the tanks, and a card fuel dispensing system. The existing dispensers island and canopy would continue to be used. An alarm system to warn of potential leaks from the tanks or piping system will be incorporated with the tank level monitor to alert staff of liquid detected in the interstitial space between the tank and piping walls. At this time it appe that a card reader can be specified that can be used to control the dispensing of propane. This will have to be verified I Seattle Everett Fairbanks Anchorage St. Louis PRESIDENT Earl A Sibley, P E SR VICE PRESIDENT Atef A Azzam, Raymond P Miller, P E Harvey W Parker, P E George Yamane, P E VICE PRESIDENT Herman H (Tex) Druebert, P E Richard H Gates, P E W Paul Grant, P E Leland B Jones, P E Thomas E Kirkland, P E, Gerry Millar, R G„ Frank W Pita, PE, PG, Ming -Jiun (Jim) Wu, P E CONSULTANT William L Shannon, P E 5.2 c City of Port Angeles Public Works Department Attn: Mr. Tim Smith July 19, 1991 Page 2 PROJECT SCHEDULE COMPENSATION TERMS AND CONDITIONS TP- 7687 -1 during design. The amount of time included in the design has been kept to a minimum with only very limited amount of time for investigating alternatives. At this time, the estimate does not include cost to incorporate the propane dispensing station into the card reader system. We are available to start on the project shortly after receipt of your notice to proceed. The work of developing the design for the corporation yard would be completed in approximately six weeks. During the early phases of the design, we would visit the site and go over details of the design with you to discuss locations of equipment and any options that may come up. At the end of this period, a set of plans and specifications will be submitted for your review. For planning purposes, bidding the project and selection of a contractor will take approximately six weeks after the plans are approved by the City and corrections have been made. An additional two to three weeks should be planned for the contractor to move on site. If the tanks are to be installed in January 1992, design should start before the end of summer. Starting design sooner would be advantageous to us. Shannon Wilson proposes to use a time and materials basis for the services defined in the Project Approach. The estimated cost for the professional services to design the project is presented in Table 1. This estimate does not include services during construction. The tank removal monitoring at both the corporation yard and landfill is presented in our first proposal. All services of Shannon Wilson, Inc. will be performed in a reasonable and prudent manner in accordance with the Agreement for Professional Services attached at the end of this proposal and incorporated as part of this Agreement. Your approval and signature of this proposal and its return to us will serve as our notification to proceed with services. We look forward to serving your needs as soon as possible. SHANNON WILSON, INC. City of Port Angeles Public Works Department Attn: Mr. Tim Smith July 19, 1991 Page 3 If you have any questions concerning this proposal, please call David Tonkin or me at (206) 632- 8020. Sincerely, SHANNON WILSON, INC. C Fiank W. Pita, P.E., P.G. Vice President CDT:FWP /lkd Enclosures: Table 1 Estimate for UST Corporation Yard Design Table 2 Estimate for UST Replacement Agreement for Professional Services, PGH -91 (4/91) I accept the above conditions and authorize the work to proceed. By Joan K. Sargent, Mayor Signature (print) City of Port Angeles Organization TP7687 -1. LTR /CDT -I kd /l kd Date 8/20/91 TP- 7687 -1 SHANNON WILSON, INC. LABOR EXPENSES TABLE 1 ESTIMATE FOR DESIGN TO REPLACE TWO EXISTING USTs AT CITY OF PORT ANGELES CORPORATION YARD Quantity Fee Cost Subtotal Principal 2 $125 $250 Senior Engineer 66 75 4,950 Engineer III 90 50 4,500 Drafting 40 35 1,400 Clerical 26 35 910 TP-7687-1 SUBTOTAL LABOR: $12,010 $12,010 Travel 1 $175 175 Phone /Fax 1 $150 150 Printing 1 $200 200 SUBTOTAL EXPENSES: 525 525 TP7687 -1. LTR/CI7r- lkd /Ikd TOTAL $12,535 SHANNON WILSON. INC. =III SHANNON WILSON, INC. =NW Geotechnical Consultants AGREEMENT FOR PROFESSIONAL SERVICES On the Basis of General Hourly Rates for Projects wtih Known Hazardous Substances TP- 7687 -1 Attachment to and part of Letter Proposal Dated: July J g. 1991 T City of Port Angeles Public Works Re: llSTc at Port Angel Pc rnrn_ Yard/ From: Shannon Wilson, Inc. Landfill 1. PROFESSIONAL SERVICES BY STAFF AND OFFICERS Fees for services are based on the time expended on the project, including travel, by professional, technical, and derical personnel. The fee will be computed by multiplying the number of hours worked by each class of personnel by the hourly rate listed below for that dass: OVERTIME Officer $125.00 Eng. /GeoL /Hydro. IV $56.00 Sr. Technician/Drafter $48.00 $57.00 Staff Consultant 110.00 Eng. /Geol./Hydro. II,III 50.00 Technician/Drafter II 35.00 42.00 Senior Associate 100.00 Eng. /GeoL /Hydro. I 42.00 Clerical 35.00 42.00 Associate 88.00 Technician I 30.00 36.00 Sr. Princ. Eng. /Geol. /Hydro. 75.00 SPECIAL SERVICES Princ. Sr. Eng./Geol./Hydro. 67.00 Dir. Computer Science 100.00 These rates are for Shannon Wilson's current fiscal year (FY). Inform. Resources Spec. 88.00 At the end of each FY (December 31) rates will be reviewed Sr. Principal Analyst 75.00 and adjusted for the next fiscal year. 2. REIMBURSABLE EXP Expenses other than salary costs that are directly attributable to our professional services will be invoiced at our cost plus 15 percent. Examples include but are not limited to expenses for out -of -town travel and living, information processing equipment, instrumentation and field equipment rental, special fees and permits, premiums for additional or special insurance where required, long distance telephone charges, local mileage and parking, use of rental vehicles, taxi, reproduction, local and out -of -town delivery service, express mail, photographs, film, laboratory equipment fees, and job- related shipping charges and supplies. 3. BORINGS. GEOPHYSICAL SURVEYS AND OTHER EXPLORATIONS. FIELD TESTS, LABORATORY TESTS. AND OTHER CONTRACT SERVICES When we engage a contractor(s) for drilling or other exploration, testing, and /or other contract services, we will invoice you for the contractor's services plus 15 percent. An exception would be work performed by a wholly -owned subsidiary of Shannon Wilson, Inc. Their invoices will be included in our invoice without markup. Borings, geophysical surveys, pile loading tests, plate bearing tests, in situ tests and other field tests con- ducted using our equipment and personnel will be billed for labor as computed under the first paragraph of this schedule, plus the usage of our equipment at our current equipment usage rate. Laboratory tests performed using our equipment and personnel will be billed at either (1) the charge for labor, as computed under the first paragraph of this schedule, plus $2 equipment fee for each person-hour of laboratory testing, or (2) current unit prices, if specified in the proposal. 4. USE OF SUBCONSULTANTS AND CONSULTANTS It is agreed that Shannon Wilson, Inc. will not issue subcontracts to subconsultants and /or consultants exceeding $10,000 for and as part of its work hereunder without your prior written consent, which consent shall not be unreasonably withheld. When subconsultants and /or consultants are used, the total cost of their services will be marked up 15 percent. Mr. William L. Shannon, although retired from the firm, is available as a consultant at a rate, without markup, of $125 per hour, or at an otherwise agreed rate. 5. BIGHT OF ENTRY Unless otherwise agreed, you as the "Client" will furnish us with applicable permits and right -of -entry on the land and be responsible for the propri- ety of the time, place and manner of our entry to the site where we are to make borings, surveys and other explorations. We will take reasonable precautions to minimize damage to the site from use of equipment, but have not included in our proposed fee the cost of restoration of the site. If you desire us to restore the site to its approximate former condition (i.e. compaction of backfill, pavement patching, restoring lawns, vegetation, etc.), we will accomplish this by contract services and add the cost plus 15 percent to our fee. We will give you an estimate for such restoration, if requested. In the absence of an agreement for such restoration, you agree to defend, hold harmless, and indemnify us from any loss suffered by Shannon Wilson, Inc. arising in connection with or related to our access to, entry upon, or the restoration of the site, for the purposes described in this paragraph. 6. BURIED STRUCTURES AND UTILITIES If there are any buried structures and/or utilities such as sewer, electric, etc., on land where exploration(s) is to be made, you will provide us with a plan showing their existing locations. We and our subcontractors will use reasonable care and diligence to avoid contact with buried structures and/ or utilities as shown. You will defend, hold harmless, and indemnify us, your "Consultant," consisting of Shannon Wilson, Inc., and our subconsultants and subcontractors, from any loss resulting from inaccuracy of the plans, or lack of plans, relating to the location of buried structures and /or utilities. 7. WORKMEN'S COMPENSATION INSURANCE We shall provide workmen's compensation insurance and /or employer's liability insurance) as required by applicable state statute. 8. GENERAL LIABILITY: LIMITATION Shannon Wilson, Inc agrees to indemnify and hold you harmless on account of that liability due to bodily injury or property damage arising directly out of our negligent operational acts, but our liability under these indemnity and hold harmless obligations will be limited to the cover- ages available under our comprehensive general liability insurance, and not otherwise. We carry comprehensive general liability insurance, which, subject to its limits, terms, and conditions, provides protection against liability arising out of bodily injury and property damage that is the direct result of our operational negligence. At your request, we will provide certificates evidencing such coverage. At your request, we will also purchase those additional limits of liability insurance that you may require, as a separate cost item to be borne by you. 9. PROFESSIONAL LIABILITY: LIMITATION Shannon Wilson, Inc.'s liability arising in connection with this contract, including for breach of contract, consequential or incidental damages, and for all its negligent acts, errors, or omissions in the performance of professional services hereunder, shall not exceed Fifty Thousand Dollars ($50,000.00) or ten percent (10 of our total invoice amount, whichever is greater, for injuries or loss to you or for which you become legally liable, including any claims for costs of defense or other incurred costs. FY 91 Form No. PGH -91 (4/91) Page 1 of 3 Shannon Wilson, Inc's compensation hereunder is in no way commensurate with the potential risk of injury or loss that may be caused or claimed to be caused by the discovery, existence, release, or handling of hazardous, toxic or radioactive substances and conditions, including waste, or other contaminants, as defined most broadly by any applicable state or federal statute or regulation. Accordingly, Shannon Wilson, Inc's professional liability arising in connection with this contract shall not exceed the above limitation even when arising from such hazardous, toxic or radioactive substances and conditions or other contaminants. In the event that you are unwilling or unable to limit our professional liability to these sums, we will negotiate the amount of limitation and its cost. You must notify us in writing at the time you accept our proposal your intention to so negotiate the amount of limitation and its cost. Ab- sent your prior written notification to the contrary, we will otherwise proceed on the basis that our total liability is limited to $50,000 or 10 percent of our total invoice, whichever is greater. 10. EXISTENCE OF KNOWN HAZARPOUS SUBSTANCES AND CONSTITUENTS You (the Client) agree to immediately advise us upon acceptance of this Agreement of the location, nature, and character of any hazardous, toxic or radioactive substances, induding waste, or other contaminants, or threatened release of same, or any condition existing in, on, or near the land or land we must cross, presenting a potential danger to human health, the environment, or equipment. Client agrees to provide all related continuing infor- mation as it becomes available in the future. By virtue of entering into this Agreement or of providing services hereunder, we do not assume control of or responsibility for the site or the person in charge of the site, or undertake responsibility for reporting to any federal, state, or local public agendes any conditions at the site that may present a potential danger to public health, safety, or the environment Client agrees to notify the appropriate federal, state, or local public agendes as required by law, or otherwise to disdose, in a timely manner, any information that may be necessary to prevent any danger to health, safety, or the environ- ment. In connection with hazardous, toxic or radioactive substances, including waste, or other contaminants, Client agrees to the maximum extent permitted by law to defend, hold harmless, and indemnify Consultant (Shannon Wilson, Inc. and our subconsultants and subcontractors) from and against any and all daims and liabilities resulting from: (a) Client's violation of any federal, state, or local statute, regulation, or ordinance relating to the disposal of hazardous, toxic or radioactive sub- stances or constituents; (b) Client's undertaking of or arrangement for the handling, removal, treatment, storage, transporation, or disposal of hazardous, toxic or radioactive substances or constituents found or identified at the site; (c) Changed conditions or hazardous, toxic or radioactive substances or constituents introduced at the site by Client or third persons before or after the completion of services herein; (d) Allegations that Consultant is a handler, generator, operator, treater, storer, transporter, or disposer under the Resource Conservation and Recovery Act of 1976 as amended, or any other similar federal, state, or local regulation or law. 11. DISCOVERY OF UNANTICIPATED HAZARPOUS SUBSTANCES RISKS If, while performing our services hereunder, hazardous, toxic or radioactive substances, including waste, or other contaminants, are released or discovered that, in our sole opinion, pose unanticipated risks, it is hereby agreed that the scope of services, schedule, and the estimated project cost will be reconsidered and that this contract shall immediately become subject to renegotiation or, in the sole discretion of Shannon Wilson, Inc., subject to suspension or termination. Shannon Wilson, Inc. agrees to renegotiate in good faith and to make every reasonable effort to continue to meet your needs. However, if Shannon Wilson, Inc. is not able to negotiate acceptable terms, we shall have the absolute right to stop work and to suspend or terminate this agreement. In the event we terminate this agreement because hazardous, toxic or radioactive substances, including waste, or other contaminants are discovered, it is agreed that we shall be paid for our total charges for labor performed to the termination notice date, plus our reimbursable charges, plus termina- tion expenses. The termination expenses are defined as fifteen percent (15%) of our total charges for labor and reimbursables accumulated to our time of termination, plus labor and reimbursable charges related to: (1) complying with federal, state or local laws regarding hazardous, toxic or radioac- tive substances, including federal, state or local laws regarding hazardous, toxic or radioactive substances, including waste, or other contaminants, and (2) decontamination or replacement of contaminated equipment or consumables. 12. DISPOSITION OF SAMPLES AND EOUIPMENT a. DISPOSITION OF UNPOLLUTED SAMPLES All samples of unpolluted soil and rock may be discarded 30 days after submission of our final report unless you advise us to deliver the samples to you, at your sole expense, or to store them for an agreed storage charge. b. HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES AND MATERIALS In the event that samples and /or materials contain or are suspected to contain substances or constituents hazardous or detrimental to health, safety, or the environment as defined by federal, state, or local statutes, regulations, or ordinances, we will, after completion of testing and at your (Client's) expense, pursuant to Client's written direction, either (1) return such samples and materials to Client, or (2) using a manifest signed by Client as generator and transporter, we will have such samples and materials transported to a location selected by Client for final disposal. Client agrees to pay all costs associated with the storage, transport, and disposal of samples and materials. Client recognizes and agrees that we are acting solely as a bailee, and that at no time do we assume title to, or any additional responsibility for, said waste. c. CONTAMINATED EOUIPMENT All laboratory and field equipment contaminated in performing our services will be cleaned at your (Client's) expense. Contaminated consumables will be disposed of and replaced at Client's expense. Equipment (including tools) which cannot be reasonably decontaminated shall become the property and responsibility of Client. All such equipment shall be delivered to client or disposed of in a manner similar to that indicated for hazardous samples. Client agrees to pay the fair market value of any such equipment which cannot reasonably be decontamined. 13. PAYMENTS TO ENGINEER Invoices will be submitted periodically for prior services. Payment will be due upon receipt of invoice. An account will become delinquent 30 days after date of billing. It is agreed that a late charge will be added to delinquent accounts at the rate of one and one -half percent (1 -1 /2%) for each 30 days from the date of billing (provided the rate of such late charge shall not exceed the maximum allowable by the laws of the state in which our office FY 91 Form No. PGH-91 (4/91) Page 2 of 3 a submitting the invoice is located; and in that case, then the highest legal rate). If you fail to make payments to us within 30 days of receipt, we may, after giving seven days written notice to you, suspend services. 14. ON -SITE JOB RESPONSIBILITY It Is understood and agreed that Shannon Wilson, Inc. will not be responsible for contractors' means and methods of construction, nor has it been retained to provide, nor will it be compensated for providing professional services relating to the personal safety of anyone on -site other than Shannon Wilson, Inc. employees and its authorized agents, and that Shannon Wilson, Inc. will not be assuming any responsibility for providing such services. 15. OTHER PROVISIONS Neither party shall hold the other responsible for damages or delay in performance caused by weather and other acts of God, strikes, lockouts, acci- dents, or other events beyond the control of the other or the other's employees and agents. This agreement shall be construed pursuant to the laws of the state in which our office submitting the proposal (confirming letter) is located. In the event any provision of this agreement is found to be unenforceable, illegal, or contrary to public policy, the remaining portions of this agreement shall remain in effect and enforceable. One or more waivers by either party of any provision, term, condition, or covenant, shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. In the event there is a dispute between Shannon Wilson, Inc and yourself concerning the performance of any provision in this agreement, the losing party shall pay the prevailing party all reasonable costs incurred in connection with the dispute, including staff time, court costs, attorneys' fees, and other dispute- related expenses. In the event of any other dispute, if Shannon Wilson, Inc. provides expert or fact witness testimony arising out of the performance of any provision in this agreement, whether at your request or that of any other party, you will be responsible and pay for all our reasonable related costs, including staff preparation and testimony time, at the above stated rates. An opinion of construction cost prepared by us represents our judgment as a design professional and is supplied for your general guidance only. Since we have no control over the cost of labor and material, or over competitive bidding or market conditions, we do not guarantee the accuracy of our opinion as compared to other sources, such as, contractor bids of actual cost to the owner. Where tests are performed within a borehole (such as a borehole logger, Goodman jack, seismic compression, and shear wave), it is possible that damage to or loss of the borehole may occur. In such event, you agree to release us from all liability for loss of borehole from any cause while or after our services are performed. It is agreed that a reasonable attempt to recover the equipment will be made at your expense beyond which we agree to accept the risk of loss or damage to our equipment while inserted in a borehole. Test borings and test pits are an accepted and informative means of subsurface exploration. However, in the nature of things, they cannot indi- cate with absolute certainty the nature of the subsurface conditions between and below the test explorations. Therefore, a report based on test borings, test pits, or other exploration method cannot guarantee the nature of the subsurface conditions between and below the test explorations. If conditions different than are indicated in our report come to your attention after you receive the report, it is recommended that you contact Shannon Wilson, Inc. immediately to inform Shannon Wilson, Inc completely of what you have discovered and to authorize further evalua- tion, if appropriate. 16. TERMINATION This agreement may be terminated by either party by seven days' written notice. If this agreement is terminated, it is agreed that we shall be paid for our total charges for labor performed through the termination notice date, plus reimbursable charges, plus termination expenses to account for our costs for rescheduling, adjustments, reassignment of personnel, and related costs incurred due to termination. Termination expenses are defined as 15% of our total charges for labor and reimbursables accumulated to the time of termination. Termination because hazardous substances are discov- ered is covered under Paragraph 11. FY91 Form No. PGH -91 (4/91) Page 3 of 3