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HomeMy WebLinkAbout1998-007 Contract - CH2M HillCH2MHILL STANDARD AGREEMENT FOR PROFESSIONAL SERVICES CH2M HILL's Office Address: Project Name: Reeder Pistol Range Client: City of Ashland Address: City Hall, Ashland, Oregon 825 NE Multnomah, Suite 1300, Portland, Oregon CH2M HILL Project: NA CLIENT requests and authorizes CH2M HILL to perform the following services: Scope of services described in CH2M HILL's letter to City of Ashland dated December 11, 1997 Compensation by CLIENT to CH2M HILL wilt be on the basis of: Lump sum fee of $4,000 plus travel expenses at cost plus 10 percent None Services covered by this AGREEMENT will be performed in accordance with the Provisions and any attachments or schedules. This AGREEMENT supersedes all prior agreements and understandings and may only be changed by written amendment executed by both parties. CLIENT: ~ Signature Name (printed) Title Date PROVISIONS Authorization to Proceed Execution of this AGREEMENT by CLIENT will be authorization for CH2M HILL to proceed with the services, unless otherwise provided for in this AGREEMENT. Salary Costs CH2M HILL's Salary Costs, when the basis of compensation, are the amount of wages or salaries paid CH2M HILL employees for work directly performed on the Project plus a percentage applied to all such wages or salades to cover all payroll-related taxes, payments, premiums, and benefits. Per Diem Rates CH2M HILL's Per Diem Rates, when the basis of compensation, are those hourly or daily rates charged for work performed on the Project by CH2M HILL employees of the indicated classifications. These rates are contained in the COMPENSATION section on page 1 and are subject to annual calendar year adjustments. Affiliated Companies Work performed under this AGREEMENT may be performed using labor from affiliated companies of ENGINEER. Such labor will be billed to O~/NER under the same billing terms applicable to ENGINEER's employees. Subcontracts and Direct Expenses When SERVICES are performed on a cost reimbursement basis, a markup of 10 percent will be applied to subcontracts and outside services and a markup of 10 percent will be applied to Direct Expenses. For purposes of this AGREEMENT, Direct Expenses are defined to include those necessary costs and charges incurred for the Project including, but not limited to: (1) the direct costs of transportation, meals, lodging, mail, shipping, equipment and supplies; (2) CH2M HILL's current standard rate charges for direct use of CH2M HILL's vehicles, computing systems, laboratory test and analysis, printing and reproduction services, and certain field equipment; and (3) CH2M HILL's standard project charges for special health and safety requirements of OSHA and telecommunications services. All sales, use, value added, business transfer, gross receipts, or other similar taxes will be added to CH2M HILL's compensation when invoicing CLIENT. Cost Opinions Any cost opinions or Project economic evaluations provided by CH2M HILL will be on a basis of experience and judgment, but, since CH2M HILL has no control over market conditions or bidding procedures, CH2M HILL cannot warrant that bids, ultimate construction cost, or Project economics will not vary from these opinions. Standard of Care The standard of care applicable to CH2M HILL's services will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services at the time CH2M HILL's services are performed. CH2M HILL will reperform any services not meeting this standard without additional compensation. Termination This AGREEMENT may be terminated for convenience on 30 days' written notice or if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance within 5 days of written notice and diligently complete the correction thereafter. On termination, CH2M HILL will be paid for all authorized work performed up to the termination date plus termination expenses, such as, but not limited to, reassignment of personnel, subcontract termination costs, and related closeout costs. Payment to CH2M HILL Monthly invoices will be issued by CH2M HILL for all Services performed under this AGREEMENT. CLIENT shall pay each invoice within 30 days. Interest at a rate of 1-1/2 percent per month will be charged on all past-due amounts. In the event of a disputed billing, only that disputed portion will be withheld from payment, and the undisputed portion will be paid. CLIENT will exercise reasonableness in disputing any bill or portion thereof. No interest will accrue on any disputed portion of the billing until mutually resolved. 10. Limitation of Liability CH2M HILL's liability for CLIENT's damages will, in the aggregate, not exceed $100,000. This Provision takes precedence over any conflicting Provision of this AGREEMENT or any document incorporated into it or referenced by it. This limitation of liability will apply whether CH2M HILL's liability arises under breach of contract or warranty; tort, including negligence; strict liability; statutory liability; or any other cause of action, and shall include CH2M HILL's officers, affiliated corporations, employees, and subcontractors. 11. Severabilityand Survival If any of the provisions contained in this AGREEMENT are held illegal, invalid or unenforceable, the other provisions shall remain in full effect. Limitations of liability shall survive termination of this AGREEMENT for any cause. 12. No Third Party Beneficiaries This AGREEMENT gives no rights or benefits to anyone other than CLIENT and CH2M HILL and has no third party beneficiaries except as provided in paragraph 9. 13. Materials and Samples Any items, substances, materials, or samples removed from the Project site for testing, analysis, or other evaluation will be returned to the Project site unless agreed to otherwise. CLIENT recognizes and agrees that CH2M HILL is acting as a bailee and at no time assumes fftle to said items, substances, materials, or samples. CLIENT recognizes that CH2M HILL assumes no risk and/or liability for a waste or hazardous waste site originated by other than CH2M HILL. 14. Assignments Neither party shall have the power to or will assign any of the duties or rights or any claim arising out of or related to this AGREEMENT, whether arising in tort, contract or otherwise, without the written consent of the other party. Any unauthorized assignment is void and unenforceable. 15. Integration This AGREEMENT incorporates all previous communications and negotiations and constitutes the entire agreement (~f the parties. If CLIENT issues a Purchase Order in conjunction with performance of the Services, general or standard terms and conditions on the Purchase Order do not apply to this AGREEMENT. 16. Force Majeure If performance of the Services is affected by causes beyond CH2M HILL's reasonable control, project schedule and compensation shall be equitably adjusted. 17. Dispute Resolution The parties will use their best efforts to resolve amicably any dispute, including use of alternative dispute resolution options. 18. Changes Client may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CH2M HILL's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. CH2 !HILL CH2M HILL 825 NE Muttnomah Suite 1300 Portland, OR 97232-2146 Tel 503.235.5000 Fax 503.235.2445 December 11, 1997 City of Ashland City Hail Asbdand, OR 97520 Dear Nk. Scoles: Subject: ~ope of Work for Site C;7aracterizaCion of the Reeder Pistol Range Purpose/Background Thank you for t~he opport,,m/,ty to ?ro~,dde environmental consulting services to he City of Ashland to develop a Sampling and A_naivsis Plan (SAP) for the Reeder Pistol Range. It is our up, derstanding that a portion of the Reeder Pistoi range is located on Forest ~_,-vice land and 'Lee Forest Service is not going to renew the lease to he Citv of Ashland for ,xse of the Fisto[ ra_r,,ge. 'Fne District Ranger has requested hat Ci,ty perform an assessment to determine Lhe extent to w?dch lead has been released to the environrnent dur~mg he CiW's use of the pistol range. Summary of Process Sites hat may be contaminated with hazardous materials t-y?ically go hough a secuenced process to investigate, and if necessary, remediate ~hem in accordance with envircnmental regulations. The process commonly Lnvolves the following steps: ~. Backg-round data col!ec.5on 2. Prepare plan_ping dcc,'~ments; tT,,-?icall?' a samplLnS and ar',alvsis F[~n Prepare a site health and safer7 plan and conduct the site Ln..x, estigapion 4. Compare 'ffmdings with either generic or site specific cleanup values to determine he need for cleanup PreFare a feasibility study to identify the `most cost effective way to re.mediate hh~ site Site remediacion City of Ashland Page" December 11, 1997 7.. Site closure (if desired, this may also incade a issuance of a "no further action" letter from the State Depa~'t~ent of Envirorumental Quali~) The remainder of this le~er describes CI-I2M 14ILL's proposed scope of work for Steps 1 and 2; collect backg-round data and develop a sampling and analysis plan (SAP') for the Reeder Pistol Range. We also have provided a desc~ption of our proposed staffing, the estimated fee for these services and a description of some future tasks that mav be needed depending on abe results of the sampling activities at the Reeder Pistol Range. Scope of Work The irdtial t'ask proposed for this project is a visit to Ashland bv CI-L2M HILL's project manager. The purpose of this meeting wall be to meet the Citv's staff and to collect backg-round information on the site. We also plan to visit the pistol range to collect the information necessary to develop the SAP. In addition, a meeting with Forest Service - representatives is recommended to discuss their anticipated scope of the sampling effort. Following the site visit, CF2M HILL ,,v~ develop a SAP for the Reeder Pistol Range. The SAP may ~ciude a phased approacZn, where surface geophysical surveys are used to assess the lateral dis~ibution and accumulation of metal objects ~ the soil to focus a soil sampling effort. /_n addition, coLlecfon of soft samples is anticipated to compare the residual lead concentrations in soil to established lead cleanup levels. The sampling plan wiil include at a minimum, the following information: · A description of the proposed sam?ling locations, samp ~Ling procedures and sampling equipment · A description of the methods to document the sampling effort · A description of the laboratory analyses, quality assura_nce procedures and data reporting methods We propose that a draft SAP be developed for the Citv's review. We then antici?ate a conference call with the Citv's representatives to discuss your comments. After the C:r', ~ comments have been addressed, the draft ?fan wiI1 be issued to submit to the forest ~ ~,-i ~ We have included in our labor hours for a conference ca1! with tt'~e Ckv and the Forest Se~;ice to discuss Forest Service comments on tb.e draft SAP. FollowLng receipt of ;2'~e Forest Set'rice comments, a 't-Lp. ai plan will be issued. Staffing CH2M HILL staff proFosed for this ?roject have recen~ experience in working wit?t the Forest Se~'ice on the characterization a2d remedialion' of lead contaminated sites. We recently completed the characterization and remedialion of the Amalgamated NEll site in Cit-v of Ashland Page 3 December 11, 1997 the Willamette National Forest, where over 10,000 tons of lead contaminated soil was removed and transported to an eastern Oregon landfill for disposal Airhough the scope of work for Reeder Pistol range is expected to be much smaller than the .aunalgamated M111 project, CH2M HILL's exFe.dence in working with the Forest ~rvice and their at-tornev's, espedaJly in establishing lead cleanup levels and developing remedial options for lead contaminated soil, would be a valuable asset to this project. CH2_M HILL proposes to have Mr. Jeff Gentry,, a re~stered environmental engineer in Oregon, as the project manager for this project. N[r. Gentry was the project manager for the Ama~gamat.ed :'vHll remedial ac~on and led the efforts to negotiate a lead cleanup level for the site and-worked direc+dv with the Forest Service during the remedial action. Env;,ronmental and engineering staff from our Portland or Corvallis office will assist Mr. Gentry in preparation of the SAP. Fee CHZM HILL proposes to execute this project for a !u_mp sum amount of 54,000, excluding travel expenses (air fare, rental car, lodging and meals). Travel expenses have been exctuded because of the variabiliW in air fare costs de?ending on the !en~h of ~me between ticket ?urc~hase and the r2ight date. CH2M HILL will provide backup doc,amentation for t-ravel expenses ~th the invoice which will be invoiced at cost plus 10 percent markup. Future Tasks CH2M HILL has identified the severai addifonal tasks that have not been included in our scope of work at thLs ~me. If requested, C~M HILL cou!d develop budget esSmates for these tasks once the SAP is completed. · The SA~° ,Mll have sufficient details that the Cii-v could elect to have an envircrumental consulting firm execute the sampling effort. Alternative!v, CHZM HILL could execute the sampling effort. The costs for the sampling effort ca27not be acc'aratelv esSmated un~l the SAP has been prepared. · DeFending on the results of the Lp, vesagafion, the Forest ~'ice rnav request a Site Lnvesdgadon Report tha~ doc,mments the sam?ling results and includes a com=arison .':o clear,up levels for the site. Cleanup levels ma~' be gene~c (i.e. those presented in DEQs reg,alations) or specific (i.e. nhose calculated sFec±fically for the site based on a ~sk assessment). In some cases, use of a risk assessment can yield si~m-dficant cost savings compared to the overly conservati~,e generic cleanup levels. T]-,e Lntent of this report is determine if the concentration of contamLnants at the site exceed the site cleanup !e~'els such that remediation is needed. If re,mediation is warranted for the site, our experience is that the Forest Service generally w~I1 require addiPlonal informat4on on how the clean-up will be executed. If Cit~' of Ashland Page 4 December 11, 1997 required, CH2M HILL could develop a FeasibLli ,ty. Study hat identifies and evaluates remedial alternatives. However, if the remediation is straight forward, a desitin report describing how the remediation action will be executed may be all Lhat is required. CH_ZM H_ILL can also serve as a general contractor for the remedial action, providing the City with turnkey remediation services. We hope ~ke scope of work described in ~d-ds letter mee~ vou.r expectations for work at Reeder Pistol Range: If you have any. questions or require additional information, please ~ve me a calI at 503-235-5022 ext. 4390. Sincerely, CHuM HILL Jeff Gen~y, P.E. Environmental Eng-ineer PDX/' ASHLA. ND. DOC c: Dick Crim/CH2M HILL Ken Shurnp,"CH2_",I HILL Bob F'aller/CH2M HILL CH2MHILL TO: City of Ashland City Hall Ashland, OR 97520 FROM: ATTN: Mr. Greg Scoles RE: Change Order No. 1 - Reeder Pistol Range PROJECT NUMBER: 145794.SP.01 DATE: WE ARE SENDING YOU: ATTACHED SHOP DRAWINGS PRINTS COPY OF LETTER UNDER SEPARATE COVER VIA DOCUMENTS SPECIFICATIONS OTHER: CH2M HILL 825 N.E. Multnomah, Suite 1300 Portland, OR 97232 TRACINGS ~ ~// CATALOGS QUANTITY 2 DESCRIPTION Exhibit 1, Change Order No. I **ORIGINALS** (4/15/98) IF MATERIAL RECEIVED IS NOT AS LISTED, PLEASE NOTIFY US AT ONCE REMARKS: ign an~e Enclosed are two signed originals of Change Order No. 1. Please to Je Gentry for our files. Please don't hesitate to call Jeff at 503/235-5022 ext 4390 if you have any questions a~out the enclosed documents. COPY TO: CH2M HILL 825 N.E. Multnomah, Suite 1300 Portland, OR 97232 Exhibit 1 CHANGE ORDER NO. I This change order is for the STANDARD AGREEMENT FOR PROFESSIONAL SERVICES between CH2M HILL, INC., ("ENGINEER"), and City of Ashland ("OWNER") executed by CH2M HILL on January 20, 1998, for a PROJECT generally described as the Reeder Pistol Range. ARTICLE 1. SCOPE OF SERVICES/STATEMENT OF WORK ENGINEER agrees to furnish OWNER the following specific services: Sampling and Analysis of Soil Samples from the Reeder Pistol Range as described in CH2M HILL's March 18, 1998 letter to the City of Ashland. ARTICLE 2. COMPENSATION Compensation by OWNER to ENGINEER will be as follows: For the work described above, City of Ashland shall pay CH2M HILL the lump sum of $8,600 for the work, excluding the Phase II Analytical costs. If Phase II samples are analyzed, City of Ashland shall pay CH2M HILL the lump sum of $400 for this additional work. Fee to be invoiced on a percent complete basis. CH2M will not exceed the fee without written authorization from City of Ashland. City of Ashland Date: '~ '/-'-~ CH2M HILL INC. CHANGE ORDER NO. 1 .DOC CiTY OF ASHLAND/CH2M HILL CHANGE ORDER