The URL can be used to link to this page

Home My WebLink About5.316 Original Contract4 TERRA ASSOCIATES Inc. Consultants in Geotechnical Engineering, Geology Mr. Ron Johnson Engineering Specialist City of Port Angeles Public Works Department 321 East Fifth Street Port Angeles, Washington 98362 Subject: Proposal Supplemental Exploration Former UST Cluster Site 7th and Peabody Port Angeles, Washington Dear Mr. Johnson: and Environmental Earth Sciences RECEIVE $1993 CITY OF PORT ANGELES PUBLIC WORKS April 7, 1993 Project No. T -2302 Terra Associates is pleased to provide you with this proposal to provide additional site assessment services at the 7th and Peabody site in Port Angeles, Washington. Terra Associates has completed a preliminary assessment at this former UST cluster site and presented our observations and the analytical test results in our report dated April 6, 1993. This proposal covers the additional work recommended in that report. As discussed in our previous report for this project, gasoline contaminated soils above the current cleanup standards extend beneath the bottoms of the test pits excavated for the preliminary assessment. To delineate the depth of the gasoline contamination and to obtain samples of groundwater for analytical testing, we have recommended drilling three borings and installing monitoring wells on the property. One monitoring well would be located in an upgradient area south of the zone of contaminated soils. The two remaining monitoring wells would be located within the area of the contaminated soils. The purpose of installing three wells is to measure the groundwater table elevation in three locations to determine the gradient of groundwater flow. In addition, the upgradient, southern well will allow measurement of groundwater conditions that have possibly been impacted by off -site sources. 12525 Willows Road, Suite 101, Kirkland, Washington 98034 Phone (206) 821 -7777 Mr. Ron Johnson April 7, 1993 The borings will be drilled using appropriate drilling equipment. Additional soil samples will be obtained beneath the depth of existing explorations. Each boring will be provided with a monitoring well constructed of 2 inch PVC pipe installed in accordance with the Washington State Water Well Regulations. Following placement of the wells, we will to obtain reljresentative groundwater samples for analytical testing. Soil cuttings, drilling equipment wash water and well development water will be stored on the site in drums pending the results of chemical analysis to determine the appropriate disposal alternatives. Following the completion of the field exploration and sampling, Terra Associates will review the data in order to develop options for site remedial activities. The results of our study will be presented in a report along with our recommendations and supporting data. We will perform our work in accordance with the attached Fee Schedule and General Conditions. Our fee for the scope of work discussed in this proposal will be about $14,000. This cost can be generally broken down as follows: Subcontracted Analytical Laboratory Testing $2,000 Subcontracted Drilling Costs $6,000 Terra Associates Field Work $2,500 Terra Associates Data Analysis and Report Preparation $3,500 These costs assume that three borings will be drilled to depths of 30 feet. If the borings need to extend deeper due to actual site conditions, our costs will increase at a rate of about $60.00 per foot. These costs do not include the cost of disposing of drill cuttings, wash /development water or the final abandonment of the monitoring wells. In addition, our costs only include obtaining initial water samples. Supplemental sampling will be performed on a time and materials basis. The scope of work presented in this letter is based on Washington State Department of Ecology guidelines for site assessments on properties with leaking underground storage tanks. It is possible that additional subsurface exploration will be required. Project No. T -2302 Page No. 2 Mr. Ron Johnson April 7, 1993 If the scope of work and fees discussed in this proposal are acceptable, please sign one copy of this letter and return it to our office. It has been a pleasure preparing this proposal for you. Please call us if you have any questions. Sincerely yours, TERRA ASSOCIATES, INC. Anil Butail, P.E. President CRIJAB:tm Encl: Fee Schedule and General Conditions I accept the above conditions and attached Fee Sched anch General Conditio By: Name: iS�Z Tt Title: l�lF?L L W�� Date: 4 of o) Project No. T -2302 Page No. 3 TERRA ASSOCIATES Inc. Consultants in Geotechnical Engineering, Geology and Environmental Earth Sciences I A 1 STANDARD FEE SCHEDULE GENERAL CONDITIONS EFFECTIVE JANUARY 1 s 1993 TERRA ASSOCIATES, Inc. professional service fees are based on the following conditions: PERSONNEL HOURLY CHARGE: PRINCIPAL 90.00 per hour PROJECT MANAGER 70.00 per hour PROJECT ENGINEER/GEOLOGIST 60.00 per hour PROJECT SCIENTIST 60.00 per hour STAFF ENGINEER /GEOLOGIST /SCIENTIST 50.00 per hour TECHNICIAN /DRAFTSMAN 35.00 per hour WORD PROCESSOR/CLERICAL 25.00 per hour LEGAL TESTIMONY AND PREPARATION (4 hour minimum) $125.00 per hour Technician overtime rates will be charged at 1.25 times the regular hourly rate if the clients' requirements make overtime work necessary. Special arrangements may be made for technician field rates on a per -test basis. TRAVEL EXPENSES: Subsistence reimbursement paid to employees on business for the client will be charged at a rate of $50.00 per day for projects located more than 60 miles from our office. Portal to portal mileage will be charged for vehicle use at the rate of $.35 per mile. ADDITIONAL SERVICES: Charges for equipment furnished by TERRA will be at predetermined rates as indicated on our proposal or as discussed with client. Charges of services not furnished directly by TERRA such as subcontracted excavating and drilling equipment, special equipment rental, services of outside consultants, fares of public carriers, printing, photographs, ferry tolls, long distance phone calls, and special fees, permits required for the project will be charged at the rate of cost plus 15 RIGHT OF ENTRY UTILITIES: The client will provide for right of entry of TERRA and all necessary equipment in order to complete the work. While TERRA will take reasonable precautions to minimize damage to the project site, it is understood by the client that in the normal course of work, some damage to property or landscaping may occur, the correction of which is not part of this agreement. In the execution of our work, TERRA will take reasonable precautions to avoid damage to buried structures or utilities. The owner or the owner's representative agree to hold us harmless for any damages to buried structures which are not called to our attention and correctly shown on the plans furnished to us. INVOICES: TERRA will submit invoices to the client on a monthly basis, and a final bill upon completion of our work. Payment is due upon presentation of invoice and is past due thirty (30) days from the date of the invoice. Client agrees to pay a finance charge of one and one half percent (1 per month on past due accounts. In the event of default in the payment of fees under this agreement, client agrees to pay all costs of collection, including collection agency fees and reasonable attorneys' fees incurred. OWNERSHIP OF DOCUMENTS AND SAMPLES: All reports, boring Togs, field data, field notes, laboratory test data, calculations, estimates, and other documents prepared by the consultant, as instruments of service, shall remain the property of TERRA. We will retain all pertinent records relating to the services performed for a period of five years following submittal of the report, during which period the records will be made available to the client at all reasonable times. For geotechnical studies, all rock and soil samples will be disposed upon issuance of our report. For testing during construction, samples will be disposed upon completion of our laboratory testing. Additional storage or transfer of samples can be made at the owner's expense, upon written request. 12525 Willows Road, Suite 101, Kirkland, Washington 98034 Phone (206) 821 -7777 (Over) STANDARD OF CARE: Services performed by TERRA under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No other warranty, expressed or implied, is made. Client recognizes that subsurface and groundwater conditions at the site may vary from those at the locations where samples or investigations are made. Consistent with the foregoing standard of care, TERRA will use its professional judgment to select the number and location of all samples and investigations. Client assumes the risk that despite such care the samples and investigations may not accurately represent the entire site. LIMITATION OF LIABILITY AND INDEMNITY: The services provided by TERRA are for the sole benefit of Client. No other person or entity shall be entitled to rely upon the reports or results produced by TERRA. Client agrees to limit TERRA's total professional liability arising from the work done to the greatest of (a) $25,000.00, or (b) TERRA's total fee for services rendered. Upon specific request and payment, TERRA can provide professional liability insurance up to a maximum of $1,000,000 This insurance is not available for single family residential projects. The charge for such insurance is $500 or 5 percent of TERRA's fee, whichever is greater. These charges will be in addition to fees charged for professional services and will be billed as a surcharge above professional fees. Client agrees to look solely to TERRA and its insurance proceeds and hereby releases and waives any claims it might have against the employees, officers, directors, and /or shareholders of TERRA. Client agrees to indemnify and defend TERRA, its employees, officers, directors, and shareholders against (1) all claims of professional error or omission arising from the work which, in total, exceed the foregoing; (2) any loss or expense incurred as a result of the breach of any other promise given by Client; and (3) any loss, claim, damage, or expense which is in part or in whole the result of the actions of anyone other than TERRA and its employees. INSURANCE AND SUBROGATION: Upon written request and payment of charges as discussed above, TERRA will furnish Client with certificates of its insurance covering public and professional liability. Client waives any claims against TERRA and its employees, officers, and directors, which are beyond the limits or coverage of such insurance. TERRA, for itself and its insurers, waives and releases Client from any right of recovery for loss or damage which is covered by such insurance as TERRA has in force. Client, for itself and its insurers, waives and releases TERRA from any right of recovery for loss or damage which is covered by any policy of insurance which is carried by Client at the time of the loss or damage or which would be covered by an "All risk," "Builders risk" or similar coverage then available in the state of Washington. If Client carries such "All risk," "Builders risk" or similar coverage, Client shall include TERRA as an additional named insured. Client warrants that all other contractors and subcontractors working on the same site shall have in their contracts identical provisions with respect to all claims against TERRA, it employees, officers, and directors. NOTICE AND ACTIONS: If Client becomes aware of any set of circumstances for which it believes it or anyone else may have a claim against TERRA, then Client shall: (a) Notify TERRA of the set of circumstances within 30 days of becoming aware of them; (b) Promptly provide TERRA with copies of all reports, memoranda, notes, or other documents relating to such set of circumstances; (c) Permit or obtain permission for TERRA or its representatives to inspect the site of such set of circumstances; and (d) Take such corrective action as TERRA determines appropriate. Failure to comply with any of the foregoing shall constitute a waiver of any and all claims against TERRA and its employees, officers and directors. In all events, any litigation or arbitration arising from any contract or the performance of any work by TERRA shall be commenced within one (1) year after completion of the work. For purposes of this paragraph, work shall be deemed complete upon TERRA's issuance of a final report relating to the set of circumstances, notwithstanding the fact that there may be additional or subsequent services performed on the same site. Construction monitoring shall be considered separate work from initial site evaluation even if both are performed pursuant to the same contract In the event of any arbitration or litigation arising from this agreement or any services provided by TERRA, the prevailing party shall be entitled to attorney's fees. HAZARDOUS WASTE: For services involving or relating to any hazardous waste elements of this Agreement it is further agreed that the Owner shall indemnify and hold harmless TERRA and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct and indirect, or consequential damages, including but not limited to fees and charges of attorneys and court and arbitration costs, arising out of or resulting from the performance of the work by TERRA or claims against TERRA arising from the work of others, related to hazardous waste. The above indemnification provision extends to claims against TERRA which arise out of or are related to, or are based upon, the dispersal, discharge, escape, release or saturation of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids, gases or any other material, irritant, contamination or pollutant in or into the surface or subsurface (a) soil, (b) water or water courses, (c) objects, or (d) any tangible or intangible matter, whether sudden or not. 04 -20 -1993 08 :20AM FROM 1NSURANCE SERVICES GROUP TO 1206452035352 J P.01 LOCATION: ROBERT C. MORRIS, INC. AN AFGILtkri C!{- Transmitting date: REGARDING: COMMENTS: INSURANCE SERVICES GROUP, INC. FAX TRANSMITTAL SHEET Please deliver the following page(s) to. NAME: f. �C. ✓2// FIRM: 1 t' d; FAX NUMBER: C% f FROM: r'�- �°c� Total number of pages (including transmittal sheet) if you do not receive all of the pages please call one of the following numbers as soon as possible! INSURANCE SERVICES GROUP, INC. (206) 365 -1112 1- 800 -869 -7934 (NATIONWIDE TOLL -FREE) FAX: (206) 368 -7003 7 ,1 L. d4 _7 -c5r C-1 1 7nsurar.ce Ahura/ Jun Rep PNMR S.eamw& Irc C►. ;kw min itimi mi riamwalp r= ss ma rim am me r7 am am rig c ss� s>• r r mos NM i 04 -20 -1993 08 :20RM t f CERTIFICATE OF INSURANCE f PRODUCER Insurance Services Group, Inc. 1155 North 130th Street, #400 Seattle, WA 98125 (206) 367 -0555 INSURED TERRA ASSOCIATES, INC. 12525 WILLOWS ROAD, S. 101 KIRKLAND, WA 98034 GENERAL LIABILITY A :X] Gen Liability 1 14850183 :X] Occ CM [X] OCP C AUTO LIABILITY B Any Auto All Owned [X] Scheduled [X] Hired [X] Non -owned Garage Liab 1 EXCESS LIABILITY Umbrella Other WORKERS COMP AND EMPLOYERS LIAB -1 CERTIFICATE HOLDER 1 CITY OF PORT ANGELES P.O. BOX 1150 PORT ANGELES, WA 98362 FROM INSURANCE SERVICES GROUP TO 1206452035352 P.02 1 14940594 APPR RISK AN THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. IT DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A: CONTINENTAL CASUALTY CO. COMPANY B: AMERICAN CASUALTY CO. COMPANY C: COMPANY D: COMPANY E: 1-- ---1 COVERAGES f This is to certify that policies of .insurance listed below have been i ssued to the insured named above for the policy period indicated, notwithstanding any requirement, tell or condition of any contract or other document with respect to whicb this certificate nay be issued or ray pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claim. ICOf =f INSURANCE f= =f POLICY NUMBER f =f DATES f Effective 1,000,000 06/03/92 1,000,000 1,000,000 1,000,000 Expiration 50,000 06/03/93 5,000 _o...»_ Effective 05/10/92 1,000,000 Expiration 05/10/93 Description of operations /locations /vehicles /other RE: PROJECT #2302 SENIOR CENTER CITY OF PORT ANGELES IS NAMED AS ADDTIONAL INSURED AS RESPECTS ONLY TO WORK PERFORMED BY THE NAMED INSURED ON THEIR BEHALF. 1 CANCELLATION 1 {Should any of the above described policies Ibe cancelled before the expiration date (thereof, the issuing company will 444tok Ile mail 30 days written notice to the ;certificate holder named to the left, but 'failure to mail such notice shall pose no !obligation or liability of any kind upon the company, its agents or reps. 'Authorized Representative1 1 4/20/1993 1 General Agg Prod /CoOps Agg Pers /Adv Inj Occurrence Fire Damage Medical Exp CSL BI (person) BI (accident) PD Occurrence Aggregate Statutory Lmts Each Accident Disease Limit Disease -Empl 04 -20 -1993 08 :22AM FROM INSURANCE SERVICES 5ROUP TO 1206452035352 P.03 ih THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES CG 20 10 11 85 OR CONTRACTORS (FORM B) COMMERCIAL GENERAL LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: CITY OF PORT ANGELES P. 0. BOX 1150 PORT ANGELES, WA 98362 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Copyright, Insurance Serveces Office, Inc.. 1984 SCHEDULE WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. PROJECT #2302 SENIOR CENTER TOTAL_ P.03