HomeMy WebLinkAbout5.1048 Original ContractEXponenr
June 8, 2010
William Bloor
City of Port Angeles
P.O. Box 1150
321 E. 5th Street
Port Angeles, WA 98362
Subject: Risk Assessment Services
Project No. BE03079.005
Dear Mr. Bloor:
BE03079 005
5.IO'tZS
Exponent
15375 SE 30th Place
Scare 250
13ellcvuc, WA 98007
telephone 4 5 1 9 -8
EicStnttle 4 2 5 5 1 9 -8 799
www.exponent.com
Thank you for retaining Exponent for technical services related to the above referenced matter.
This letter presents our current understanding of the scope of services sought and terms of the
engagement.
Exponent will summarize the key issues in the EPA draft report entitled "EPA's Reanalysis of
Key Issues Related to Dioxin Toxicity and Response to NAS Comments" (EPA /600 /R-
10 /038A). This review will focus on issues of most relevance for the City of Port Angeles. We
expect that the changes to the EPA cancer slope factor and, to some extent, the non cancer
reference dose will be adopted by Ecology for the calculation of the MTCA cleanup levels and
calculated risks for dioxins. We will thus provide a brief overview of the focus of the report,
identify the new slope factor /reference dose, briefly summarize the basis of changes, compare
these values to that is currently being used by Ecology, and describe /show the effect on Ecology
soil cleanup levels and on risk calculations relevant to the City (e.g., on seafood consumption
risks calculated in the recent Ecology harbor -wide risk assessment). I estimate a not to exceed
limit of $3,000 to provide this summary.
Exponent's services will be provided on a time and expense basis. Charges will include
professional fees (commensurate with the level of expertise of the personnel assigned to the
project), equipment usage fees, and other out -of- pocket expenses according to our Schedule of
Rates Charges, a copy of which is enclosed and made a part hereof by reference.
Exponent's services are provided only in accordance with our Terms and Conditions of
Agreement, a copy of which is enclosed and made a part hereof by reference. It is our
understanding that Exponent's retention on this project is solely with your organization and all
charges (i.e., fees and expenses) incurred by Exponent on this project will be the responsibility
of City of Port Angeles, independent of other parties /payees involved. If our understanding is
not correct and your organization is not responsible for these charges, please have the
responsible party sign this letter to signify that the terms are acceptable and Exponent is
authorized to commence work as described herein. If invoices should be mailed to an address
other than the one above, please provide that information with the signed letter.
Based on the information you have provided, we have performed a conflict -of- interest check for
the following parties:
City of Port Angeles
Washington Department Of Ecology
Using this information, Exponent has determined that it does not currently have a conflict that
would preclude us from assisting you in this matter. Please inform me as soon as possible if this
list of parties is inaccurate or incomplete, or if other parties become involved as this matter
proceeds.
Please indicate your understanding and acceptance of the terms of retention by signing and
returning a copy of this letter. If you have any questions or require additional information,
please do not hesitate to contact me at (425) 519 -8768. We look forward to working with you.
Sincerely,
..":„.2. 7 0.1.„..
Authorized Signatu'1`e
Joyce S. Tsuji, Ph.D., DABT, Fellow ATS
Principal
Enclosures (2)
cc: M. Garry, Ph.D.
BE03079 005
Accepted by:
Kent Myers
Name and Title
y Manager
City of Port Angeles
Organization
June 8, 2010
Date
Exponent°
TERMS AND CONDITIONS OF AGREEMENT
CHARGES
Work performed under a fixed -price arrangement will be billed at the agreed fixed amount Work performed on a time- and expenses basis will be
charged in accordance with the most current Consulting Services Schedule of Rates Charges of Exponent Any unusual work not specifically
covered by that schedule will be charged at a rate mutually determined to be reasonable in relation to the type of work to be performed
At the discretion of Exponent, a suitable retainer may be required from the client in advance Such an amount will be held by Exponent until the final
invoice is prepared, at which time the client's account will be reconciled
Evidence storage and disposal after closure of Exponent's case file will be the responsibility of the client Upon the client's request, Exponent may
agree to provide temporary storage space for a reasonable fee, which the client agrees to pay monthly upon presentation of an invoice from
Exponent
Taxes will be charged where applicable
PAYMENT
Invoices are typically rendered monthly or in accordance with the agreed upon payment schedule, and are due upon receipt Outstanding balances
past due over 30 days are subject to a delinquency charge until paid Exponent, without liability, may withhold delivery of reports and other data, and
may suspend performance of its obligations to the client, pending full payment of all charges Exponent reserves the right to decline further work with
any client delinquent in payment of charges due to Exponent for previous work, until such balances are paid in full
EXECUTION OF SCOPE OF SERVICES
Exponent will work in accordance with generally accepted professional engineering practice No other warranty, express or implied, is made
concerning work performed under the agreement, including Exponent's findings, recommendations, specifications, or professional advice
Exponent will diligently proceed with the contracted work and report to the client in a timely manner, except for delays occasioned by factors beyond
Exponent's control, by factors that were not reasonably foreseeable, or by factors initiated by the client
Work under the agreement will be terminated upon receipt by Exponent of written notice from the client, except that Exponent may complete such
analyses, records, and reports as are reasonably necessary to adequately document the work performed through termination Charges for such work
will be kept to a reasonable minimum, not exceeding 10% of total charges incurred through the date of termination Work under a fixed -price
agreement that is terminated before completion will be billed on a percentage of completion basis for effort expended up to the receipt of client's
written notice of termination Work under the agreement may be terminated by Exponent only for just cause This includes, but is not limited to
development of a material conflict of interest, judicially required participation in onerous discovery or other legal process outside the intended scope
of the work, or the presence of circumstances beyond Exponent's control, such as natural disasters or government intervention
Exponent, unless other specific arrangements are made, will maintain its technical files for 30 days after the final payment is received and the case
file is closed Financial records will be retained according to I R S requirements, but not less than one year after the case file is closed
MISCELLANEOUS
The client assumes full and complete responsibility for all uses and applications of Exponent's recommendations, or work under this agreement, or
failure to use recommendations or work, and agrees to indemnify and hold harmless Exponent, its affiliates, officers, directors, employees, agents,
and stockholders against any and all liability, damages, losses, claims, demands, actions, causes of action, and costs including attorney's fees and
expenses resulting from the death or injury to any person or damage to any property or any other alleged or actual damages resulting from the
aforementioned use, application, or nonuse of Exponent's recommendations or work under this agreement
The client agrees that in no event shall Exponent, its affiliates, officers, directors, employees, agents, or stockholders be liable for any incidental or
consequential damages, direct or indirect, arising from Exponent's services under this agreement
Exponent will hold in strictest confidence all proprietary information and trade secrets of the client to which it may be given access Unless otherwise
expressly agreed in writing, all reports, recommendations, procedures, and other information provided to the client under this agreement shall be joint
property of the client and Exponent, and may be used without restriction by either However, unless otherwise expressly agreed in writing, Exponent
shall retain exclusive rights to all proprietary information, technologies, trade secrets, inventions, or patentable ideas developed during the
performance of this agreement
In any litigation involving the client in which Exponent is compelled by subpoena or court order to testify at a deposition or judicial proceeding, or to
produce documents regarding work performed by Exponent, the client agrees to compensate Exponent, at its prevailing hourly rate, for all time spent
by Exponent in responding to such legal process, including all time spent in prepanng for such testimony The client also agrees to pay Exponent's
reasonable attorney's fees and expenses included in connection with the foregoing In the event of any such subpoena or court order, Exponent will
promptly notify the client to enable the client to object to any such testimony or production of documents
In the event of a lawsuit between the client and Exponent under this agreement, such lawsuit shall be filed and tried only in a court of competent
jurisdiction within San Francisco County, California California law shall apply to any such proceeding The prevailing party in any action shall recover
from the losing party its reasonable attorney's fees and costs of suit incurred in addition to any other relief granted
Revision 050715
Exponent'
PROFESSIONAL FEES
The staff of Exponent comprises highly qualified professionals both employees and consultants Exponent charges its clients for
services provided according to the skill level of the individual assigned to the client's project For billing purposes, Exponent provides
the following staff classifications that designate relative experience, training, and accomplishment within a technical field together
with the range of standard hourly fees charged for their services
Principal /Officer
Senior Manager
Manager
Senior Engineer/
Scientist/Associate
Engineer /Scientist/
Associate
Technical /Research
Specialist
Technical /Research
Assistant
Administrative/
Non technical
Assistant
CONSULTING SERVICES
SCHEDULE OF RATES CHARGES
Senior -level technical or management person, responsible for technical
direction or general management or administration of the Firm
Senior technical professional providing high -level or individual consulting
assignments, or overall technical direction of projects, may have management
responsibility for a technical field within the Firm
Senior technical professional providing high -level or individual consulting
assignments or overall technical direction of projects
Experienced technical professional skilled in planning, organizing, controlling,
and executing complex, higher -order projects or assignments
Trained /degreed professional responsible for executing technical assignments
in support of client projects
Personnel experienced in instrumentation, programmer testing, library science,
or the development or execution of research methodologies in support of
technical /engmeenng projects
Laboratory, data processing, engineering- graphics, engineering technician or
other personnel responsible for the execution of specialized tasks in support of
technical engineering projects
Personnel who assist technical staff in various administrative non technical
areas, including scheduling, report productions, communications, logistics, and
project support
$275 00 —$600 00
$225 00 —$450 00
$175 00 —$375 00
$150 00 —$275 00
$125 00 —$250 00
100 00 —$195 00
60 00 —$140 00
60 00 —$130 00
The above hourly rates represent the professional fees charged by Exponent for work performed within the continental United States
A rate is established for each employee within his /her classification, based on that person's individual qualifications and experience
These rates are modified annually on or about January 1, or otherwise at the discretion of Exponent For projects conducted outside
the continental United States, premium rates may be applied to adjust for cost -of- living differentials Premium rates may also be
applied when, at the client's request, work is to be accomplished in such a way as to increase costs to Exponent This may occur
due to schedule constraints or planned inefficiencies Premium rates for this work shall be no less than 15% greater than the hourly
rates quoted above Payment is required in U S dollars within thirty (30) days after receipt of invoice, or interest charges may be
applied
FIXED -PRICE SERVICES
When the services required or the character of the final work product are sufficiently defined, Exponent may provide such services or
deliverables on a fixed -price basis
SPECIAL PROJECTS
Specialized software, methodologies, services, or technical products developed by Exponent will be charged at rates that reflect
development costs and equivalent technical value Specific prices and terms of agreement will be provided upon request
EQUIPMENT CHARGES
Technical equipment may be used both in -house and in the field to assist Exponent personnel in their work An hourly access fee is
charged for selected equipment, for which examples are the scanning electron microscope and the Materials Test System
OTHER PROJECT EXPENSES
Air travel is charged at the most effective fare basis for the project involved and is invoiced to the client at Exponent's cost Exponent
personnel below the principal classification charge coach fares per Exponent's policy Local mileage is charged in accordance with
I R S guidelines Some project expenses requiring administrative processing are charged at cost plus fifteen percent (15 These
may include (but are not necessarily limited to) meals, materials, equipment, outside laboratory tests, outside computer charges,
special printing and reproduction, shipping charges, special fees, or supplemental insurance Consumable materials may be charged
in some instances on an applied rate rather than an incurred cost basis Professional expenses related to legal discovery
requirements brought about by Exponent's services will be charged at the above rates
Revision 20100203