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08-F Groundwater InvestigationDRAFT F:~Attorney\LisakResolutions\CURRENT\Goundwater Inv-Accept Proposal.wpd October 11, 2002 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ACCEPTING THE PROPOSAL OF WEAVER BOOS & GORDON, LLC-SOUTHWEST FOR PROFESSIONAL SERVICES FOR THE GROUNDWATER INVESTIGATION - STILLHOUSE ROAD LANDFILL PROJECT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris is in need of professional services for groundwater investigation to assess contamination issues at the Stillhouse Road Landfill; and, WHEREAS, Weaver Boos & Gordon, LLC-Southwest has proposed to perform such services, and it should be awarded a professional services contract for the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That a proposal from Weaver Boos & Gordon, LLC-Southwest to perform a Groundwater Investigation - Stillhouse Road Landfill Project be, and the same is hereby, accepted. Section 3. That the City Manager be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, a contract and other associated documents in a form acceptable to the City Manager and the City Attorney to authorize the aforesaid project. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 14th day of October, 2002. ATTEST: Michael J. Pfiester, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney GENERAL TERMs AND 1. SCOPE OF WORK Weaver Boos & Gordon, LLC-Southwest (WBG) shall perform the services defined in this contract and shall invoice the Client for those rates shown on the attached fee schedules. Any estimate of cost to the Client as stated in this contract shall not be considered as a fixed price, but only an estimate (unless otherwise specifically stated in this contract). WBG will provide additional services under this contract as requested by the Client and invoice the Client for those additional services at the listed standard rates. The prices shown will be valid for ninety (90) days unless otherwise stated in the proposal. 2. RIGHT OF ENTRY The Client will provide for right of entry of WBG personnel and all necessary equipment to the project site or sites, in order to corc~plete the work. 3. INVOICES WBG will submit invoices to Client monthly and a fraal bill upon completion of services. Invoices will show charges for different personnel and expense classifications. A more detailed separation of charges and backup data will be provided at Client's request. There shall be no retainage, unless otherwise agreed upon in the contract. WBG shall furnish insurance certificates, lien waivers, affidavits or other available documents as and when requested by Client, that indicate coverage in amounts that are acceptable by Client, provided all amounts due to WBG hereunder have been paid. Payment is due within fifteen (15) days after the receipt of invoice and interest charges will start thirty (30) days fi.om invoice date. Client agrees to pay an interest charge of one and one-half percent (1 1/2%) per month, or the maximum rate allowed by law, on past due accounts. Any attorney's fees, collection fees or other costs incurred in collecting any delinquent amount shall be paid by the Client. The Client agrees to pay WBG for its services in accordance with the above agreement, regardless of whether or not he has been paid by its Client. 4. OW~NERSHIP OF DOCUMENTS All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates and other documents prepared by WBG, as instruments of service, shall remain the property of WBG. Client agrees that all reports and other work furnished to the Client or his agents, which are not paid for, will be returned upon demand and will not be used by the Client for any purpose whatsoever. WBG will go CONDITIONS retain all pertinent records relating to the services performed foxt a period of five (5) years following submission of the report, during which period the records will be made available to the Client at all reasonable times. DISPUTES In the event that a dispute should arise relating to the performance of services to be provided under this Agreement, and should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including staff time, court costs, attorney's fees and other claim-related expenses. STANDARD OF CARE Services performed by WBG 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, express or implied, is made. LIMITATION oF LIABILITY The Client agrees to limit WBG's liability to the Client and all construction contractors and subcontractors on the project arising fi.om professional acts, errors or omissions, such that the total aggregate liability of WBG to all those named shall not exceed $50,000 or WBG's total fee for the services rendered on this project, whichever is greater. In the event that the Client does not wish to limit our liability to this sum, we will waive this limitation up to $1,000,000 upon the Client's written request provided that the Client agrees in writing to pay for this waiver an additional consideration of 4% of our total fee, or $400, whichever is greater. This sum shall be a Waiver of Limitation of Liability Charge and will not be construed as being a charge for insurance of any type, but will be increased consideration for the greater risk involved. The Client further agrees to require the contractor and subcontractors an identical limitation of WBG's liability for damages suffered by the contractor or the subcontractor arising fi.om WBG's professional acts, errors or omissions. Neither the contractor nor any of his subcontractors assumes any liability for damages to others which may arise on account of WBG's professional acts, errors or omissions. INSURANCE & GENERAL LIABILITY W-BG represents and warrants that it and its agents, staff and consultants employed by it arc protected by worker's compensation insurance and that WBG has such coverage under public liability property damage insurance policies GENERAL TERMS AND coNDITIONS which WBG deems to be adequate. Such public liability and worker's compensation insurance policies shall have limits acceptable to the Client. Certificates for all such policies of insurance shall be provided to the Client upon its request in writing. WBG agrees to indemnify and hold harmless and defend Client from and against loss, damage, injury, or liability arising from any negligent acts by WBG, its agents, staff and consultants employed by it, but only to the extent of the limits and conditions of our liability insurance. Additional insurance, if requested by Client, will be obtained by WBG (if procurable) and charged to the Client at cost plus fifteen percent (15%). WBG shall not be responsible for any loss, damage or liability arising from acts by Client, its agents, staff and other consultants employed by it. Furthermore, if Client makes a claim against WBG for alleged negligence, but fails to prove such claim, Client shall pay all WBG's defense costs. 9. TERMINATION This Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms herein. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. In the event of termination, WBG shall be paid for services performed to the termination notice date plus reasonable expenses to demobilize. In the event of termination, or suspension for more than three (3) months, prior to completion of all reports contemplated by this Agreement, WBG may complete such analyses and records as are necessary to complete its files and may also complete a report on the services performed to date of notice of termination of suspension. The expenses of suspension shall include all direct costs of WBG in completing such analyses, records and reports. 11. CONFLICTS Should any element of the General Terms and Conditions be deemed in conflict with any element of the con~'act referenced above, unless the contract clearly voids the conflicting element in the Terms and Conditions, wording of the Terms and Conditions shall govern. Any element of this Agreement later held to violate a law or regulation shall be deemed void, but all remaining provisions shall continue in force. 12. SAFETY WBG is responsible for the safety on site of its own employees and subcontractors. However, this shall not be construed to relieve Client or any of its contractors from their responsibilities for maintaining a safe jobsite. Neither the professional activities of WBG, nor the presence of WBG's employees and subcontractors shall be construed to imply WBG has any responsibility for any activities on site performed by personnel other than WBG's employees and subcontractors. 13. DELAYS IN WORK WBG will pursue the work in an efficient and expeditious manner consistent with good quality practices. WBG will not be responsible for delays in the work caused by Client or its agents, consultants, contractors or subcontractors. Stand-by or non-productive time for delays in our work caused by Client will be charged as work time unless provided for as a separate item in the contxact or other mutually agreed upon document. 14. CONSEQLrENTIAL DAMAGES Client shah not be liable to WBG and WBG shall not be liable to Client for any consequential damages incurred by either due to the fault of the other, regardless of the nature of this fault, or whether it was committed by the Client or WBG, their employees, agents or subcontractors. Consequential damages include, but are not limited to, loss of use and loss of profit. 10. ASSIGNS Neither the Client nor WBG may delegate, assign, sublet or transfer its duties or interest in this Agreement without the written consent of either party. Furthermore, this agreement contains each and every agreement and understanding between the parties relating to its subject matter. It may not be altered or amended except in writing and signed by both the Client and WBG. 15. UTILITIES In the execution of any subsurface exploration or excavation, WBG will take all reasonable precautions to avoid damage to subterranean structures or utilities. However, it is the Client's responsibility to mark the locations of all underground man-made obsmactiuns. The Client agrees to hold WBG harmless for any damages to subterranean structures which are not called to WBG's attention or correctly shown on the plans furnished. WEAVER BOOS & GORDON, INC. PuNNUAL FEE SCHEDULE January 200t I. PROFESSIONAL STAFF U.S. $ a) t Principal/Corporate Consultant ................................................................................... Hr 140.00 b) Project Director/Office Director .................................................................................. Hr 120.00 c) Senior Project Manager ................................................................................................ Hr 110.00 d) Senior Project Engineer/Scientist ................................................................................. Hr 100.00 e) Project Manager ........................................................................................................... Hr 90.00 0 Project EngineedScientist/Environmcntal Specialist .................................................... Hr 80.00 g) Staff EngineedScientist/Environmantal Specialist ....................................................... Hr 70.00 h) Engineer/Scientist/Environmental Specialist ................................................................Hr 60.00 1]. TECHNICAL STAFF U.S.$ a) Construction Manager .................................................................................................. Hr 70.00 b) Construction Superintendent ........................................................................................ Hr 60.00 c) Survey Party Chief ....................................................................................................... Hr 70.00 d) System Specialist ......................................................................................................... Hr 60.00 e) Certified Technician ..................................................................................................... Hr 50.00 f) Senior Engineering Technician ............... : ..................................................................... Hr 48.00 · g) Engineering Technician ................................................................................................ Hr 40.00 III. SUPPORT STAFF U.S. $ a) Senior CAD Designer ................................................................................................... Hr 65.00 b) CAD Designer .............................................................................................................. Hr 45.00 c) Technical Assistant ................................................................... ; ................................... Hr 35.00 d) Clerical/Word Processing ............................................................................................ Hr 40.00 IV. GENERAL EXPENSES a) Automobile Transportation ....................................................................................... Mi 0.45 b) Subcontract Service or Rental ................................................................................... Cost + 15% c) Report Preparation (outside services) ....................................................................... Cost 4- 15% d) Outside Services (e.g. photographer, film processing, overnight delivery, etc.) ..................... Cost 4- 15% e) Per Diem (food and Iodging)(Teclmical Staft~ ......................................................... $75/day f) Per Diem (no Iodging)(Teclmical Staff) ...................................................................$25/day g) Transportation by Commercial Carrier or Rental Car ............................................... Cost + 15% h) Travel Expenses by Professional Staff. ..................................................... Cost + 15% UNIT PRICE NOTES: 1. All professional, technical, and support staff time and expenses spent in furtherance of the client's work will be billed. T~is includes, but is not limited to, proposal, field, travel, research, technical review and reporling, project management, client meeting, and project- specific administrative time and expenses. 2. An overtime rate of 1.3 times the regtdar rate is billed for technical and suppor~ staff services for w~rk in ~xccss of 40 hours per week, work be~,veen 7:00 pm. to 5:00 a.m., and work on Saturdays. This overtime rate is increased to 2.0 times the regular rate for work on Sundays and holidays. 3. Included overhead includes the in-house costs of preparing three copies o f the written report, shippad via regular mail. Ex~'a report preparation work is billed separately. 4. Unless otherwise agreed to in writing, a monthly interest charge of 18% par annum, will be charged accruing from thc date of invoice, on all invoices not paid within 30 days. 5. The unit rates are subject to periodic modification (typically annually). These rate modifications will be incorporated into long-term projects, unless otherwise addressed in the project contract. 6. Deposition and testimony services are charged at 1.5 times the regular billing rote. GENERAL EXPENSE NOTES: I. Rates quoted arc for expanses only, equipment purchased on the client's behalf is marked up 25% 2. Personnel rates are billed separately from gencral cxpanses. 3. S~andard non-disposable protective outer-wear or equipment damaged or contaminated by site conditions are billed at replacement cost plus 15%. 4 General expense mark-ups may be negotiated based upon contract size and payment terms. 5. The per diem rates set forth above are the standard rates we t~,pically use for our technical staff on projects. We reserve the right to modify these tales in high cost areas. .4ny modification to thls fee schedule requires the written approval of tg~aver Boos & Gordon. Inc. WEAVER BOOS & GORDON, INC. ANNUAL-FEE SCHEDULE January 2001 · . LABORATORY TESTING - SOILS .U.S. $ t A) Panicle-Size Analysis of Soils 1. Sieve Analysis (ASTM C 136) ........................................................... Ea 30.00 lA. Sieve Analysis-Washed (ASTM D 422) ............................................. Ea 50.00 2. Hydrometer Analysis (ASTM D 422) ................................................ Ea 60.00 3. % Passing #200 (ASTM D 1140) ....................................................... Ea 20.00 B) Atterberg Limi~ (Liquid & Plastic) (ASTM D 4318) ................................ Ea 50.00 C) Specific Gravity of Soils (ASTM D 854) ................................................... Ea 30.00 D) Moisture-Density Relation of Soil (Standard Proctor) (ASTM D 698) ...... Ea 125.00 E) Moistm'e-Density Relation of Soil (Modified Proctor) (ASTM D 1557) .... Ea 150.00 F) Falling Head Permeability Testing 1. Undisnubed Cohesive Soil ................................................................. Ea 125.00 2. Cohesionless Soil (Constant Head) (ASTM 2434) ..................... ' ........ Ea 125.00 3. Back Pressure Satm-ation (ASTM D 5084) ........................................ Ea 275.00 4. One Remolded Proctor Point......: .......................................................Ea 75.00 · G) Bearing Ratio (CBR) of Laboratory C6mpacted Soils (1) Point Only .... . . .... (ASTM D 1883) ......................................................................................... Ea 150.00 H) Relative Density of Cohesionless Soils (ASTM D 4253, D 4254) ............. Ea 150.00 I) Unconfined Compressive Strength of Cohesive Soil, Failttre Stress at Maximum Strain (D 2166) ............................................... Ea 15.00 J) Consolidation Testing (Single Load-Unload Cycle (ASTM D2435) .......................................... i~.. Ea 275.00 K) Consolidation Additional Cycle .................................................................. Ea 50.00 L) Laboratory Determination of Mnisture Content of Soil (D 2216) ............... Ea 5.00 M) Moisture, Ash & Organic Content (LO.I) (ASTM D 2974) ....................... Ea 25.00 N) Visual Classification (ASTM D 2488) ........................................................ Ea 5.00 O) Extra Consulting Time 1. Laboratory Manager ........................................................................... Hr 45.00 2. Laboratory Technician .......................................................................Hr 35.00 VI. EQUIPMENT RENTAL FEES A) Well Sampling Costs (includes items B through G below) ......................... Day 100.00 B) pH, Specific Conductance and Temperature Meter .................................... Day 30.00 C) Groundwater Filter Pump ............................................................................ Day 20.00 D) Brainard Kilman Pump ............................................................................... Day 30.00 E) PVC Bailer .................................................................................................. Day 5.00 F) Teflon Bailer ............................................................................................... Day 10.00 G) Water Levellndicator ................................................................................. Day 25.00 H) Filter and Hose (for pump) ......................................................................... Ea 25.00 I) Modified Level "D" (Tyveks, Boots, Gloves)/per person/per chg of clothing Ea 30.00 J) Photoionization Detector Meter .................................................................. Day 100.00 K) Nuclear Density Gauge ............................................................................... Day 50.00 L) Surveying Equipment .................................................................................. Day 50.00 M) Laser Level ................................................................................................. Day 75.00 N) Air SampIing Equipment, per pump ........................................................... Day 25.00 O) Hand Operated Field Probe Equipment ...................................................... Day lO0.00 P) Explosimeter ............................................................................................... Day 25.00 Q) LandGem 500Gas Analyzer .......................................................................Day 75.00 TESTING AND RENTAL :NOTES: Rates for testing and equipment not listed abo', e are availabl,: on request. 2.Testing equipmem costs are negotiable for large quantities and for on-site laboratory programs. 3Laboratory unit prices cover cquspment and labor costs to pertbrrn standard test procedures and laboratory reports w~th normal turn- 5 Dady and ;,,eekly ra es co',er a max mum of 0 and 50 hours resp¢c 6. SAMPLES WILL NOT BE RETAINED beyond classification and tesling unless olher arrangememts are agreed to in ,4ny modification to this fee schedule requires the written appro~'al of Weaver Boos & Gordon, Inc.