HomeMy WebLinkAboutAgreements/Contracts - Public Works (002)PACIFIC grOUrldwate-rGR0UP
March 27, 2020
Sam Dart, PE
Interim Public Works Director
Grant County Public Works
124 Enterprise Street SE
Ephrata, WA 98823
Re: Scope of Work and Budget for Evaluation of Recent Flooding along Goodrich Rd
and Stacey Drive in Moses Lake, WA.
Dear Sam:
Pacific Groundwater Group (PGG) is pleased to assist Grant County Public Works to eval-
uate the source of recent flooding observed along Goodrich Rd and Stacey Drive in Moses
Lake, WA. From our conversations with you, we understand water has recently been ob-
served flooding around a newly installed sewer manhole constructed as part of the Sandcas-
tle Estates 1 residential development along Stacey Drive. We understand prior to the recent
excavation work by the developer that flooding had not been observed in this immediate
area; however, based on prior work by PGG in the Sandcastle and Malibu developments,
groundwater has emerged nearby for some time. Although that prior work was contracted
by the developer (Bernsen family), the report is addressed to Grant County Planning De-
partment and dated May 11, 2007.
PGG will review drainage and construction design documents provided by the County for
the Sandcastle Estates development and relate them to observed field conditions and re-
gional conditions as understood from prior private and public work, including PGG's prior
work in the area. We will review readily available data on local geology, soils and ground-
water. PGG will contact Grant County Planning Department and/or the Bernsen family to
ask whether PGG's 2007 letter report is in Grant County's files, and thus is public infor-
mation. If so, the report may be cited directly for the current project.
Task 1 Site Visit
PGG will conduct a site visit to observe and document field conditions. A representative
from the County familiar with the project and recent flooding will meet PGG during the
site visit. In addition to observations of flooding, PGG may collect field measurements of
water levels and water quality. PGG will also look for nearby sources of water where
accessible (groundwater, lakes, wetlands, etc.).
P 206.329.0141 F 206.329.6968 1 2377 Eastlake Avenue East I Seattle, Washington 98102
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Task 2 Review Existing Data and Design Documents
PGG will review drainage and construction design documents provided by the County for
the Sandcastle Estates development. We will also review other readily available data on
local geology, soils and groundwater.
Task 3 Letter Report
PGG will document our findings in a letter report to the County. The report will summarize
our initial opinion on the source of water, potential mitigation measures, and/or recommen-
dations for further investigation. Further investigation may be warranted if our initial eval-
uation is inconclusive.
Task 4 Project Management
PGG will manage staff, billing, and communications to promote a successful project.
Terms and Conditions
PGG's terms and conditions are provided as Attachment B. The Terms and Conditions
are incorporated into our agreement with you, and by your authorization to proceed, you
are accepting them. Our professional services will be performed in accordance with gen-
erally accepted hydrogeologic practices. This warranty is in lieu of all other warranties,
either express or implied.
Our cost estimate for conducting the above work is $6,084 as outlined in Attachment A.
If you agree to this scope of work and budget; and acknowledge the terms and conditions,
please sign and return one copy of this agreement to us.
We appreciate the opportunity to assist you on this project. Please contact me at 206-948-
2263, if you have any questions.
Sincerely,
Pacific Groundwater Group
Dawn Chapel, LHG
Associate Hydrogeologist
Stephen Swope, LHG
Principal Hydrogeologist
PGG Scope and Budget 2 P g G
MARCH 27, 2020
APPROVED:
Signature
Date
Attached: Attachment A - Cost Estimate
Attachment B - Pacific Groundwater Group 2020 Terms and Conditions
PGG Scope and Budget 3 P g G
MARCH 27, 2020
Attachment A: Estimated Cost for Pacific Groundwater Group
Grant County Public Works - Goodrich Road and Stacey Drive Flood Evaluation Moses Lake, WA
27 -Mar -20
Senior
Technical Technical Support
Project Task/ Reivew Staff Staff Admin Total Direct Expenses & Costs Subtask Total
$190 /hr $160 /hr $130 /hr $70 /hr Labor Cost Costs
10
$1,600 Travel
$239 $1,839 $6,084
Task 1- Site Visit
4 6
$1,720
$1,720
Task 2 - Review Existing Data and Design Documents
1
$2,170
$2,170
Task 3 - Letter Report
4 8
2
0.5 $355
$355
Task 4 - Project Management
Total Hours
8 26 1
$1,520 $4,160 $130
1
$35
$239 $6,084
Subtotal Dollars
$6,084
Estimated PGG Cost
ATTACHMENT B: 2020 PACIFIC GROUNDWATER GROUP TERMS AND CONDITIONS
SCHEDULE OF CHARGES. The schedule establishing fees for Pacific Groundwater Croup's services is presented below. A new schedule is issued at the begirming of each year or when otherwise dictated by
inflationary changes. Unless other arrangements have been made, charges for all work, including continuing projects initiated in the prior year, will be based on the latest SCHEDULE OF CHARGES in the latest
PACIFIC GROUNDWATER GROUP TERMS and CONDITIONS.
Principal Technical Services $200/hr. Travel & Sustenance
Cost plus 10%
Senior Technical Services $175/hr. Subcontract and Direct Expense
Cost Pius 10%
Associate Technical Services $175/hr. Long Distance and Cellular Phone Expenses
Cost plus 10%
Staff Technical Services $120-160/hr. Xerox & Oversize Copies
$0.15/b&w $0.25/color &
$1./sq. ft
Technical Support Services $120/hr. Automobile Mileage
Federal mileage+ $0.05
Legal Support (Preparation, Deposition, Testimony, Travel) $300/hr. Truck Mileage
Federal mileage +$0,10
PAYMENT, INTEREST, COLLECTION. Invoices will be submitted once per month for service expenses rendered during the prior month Payment will be due within thirty (30) days of the invoice date. Interest will
be added to accounts in arrears at the rate of one and one-half percent (I - I 1/2%) of the average for each month of delinquency not to exceed the maximum annual percentage rate allowed by law. All expenses incurred
for liening or collecting any delinquent amount, including but not limited to reasonable attorney fees, witness fees, reasonable charges at current billing rates for the time devoted by the Pacific Groundwater Group's
personnel, document duplication, organization and storage costs, taxable court costs, travel and subsistence, shall be paid to the Pacific Groundwater Group in addition to the delinquent amount. If at any time, present or
future, the State, County, City or Municipality assesses a sales, use, or ad valorem tax upon Pacific Groundwater Group for any of the services, supplies, testing or other work performed by Pacific Groundwater Group
and/or its subcontractors under this contract, the client agrees to pay such taxes in addition to, and hold Pack Groundwater Group harmless from such, or should Pacific Groundwater Group elect to pay such taxes
directly, the client agrees to reimburse and indemnify Pacific Groundwater Group in full.
TERMINATION. In the event the client requests termination of the work prior to completion, Pacific Groundwater Group will be paid for all work performed up to the notice of termination and for all expenses incurred
or committed to that cannot be canceled. Pacific Groundwater Group also has the right to complete, at the client's expense, the analysis and records necessary to so order the work as to protect our professional reputation.
A termination charge may also be made to cover the preparation and administrative costs related to the work. Charges will include all reasonable expenses incurred, and time for Pacific Groundwater Group's personnel,
charged at the current rates.
CLIENT FURNISHED INFORMATION. The client is responsible to provide, by map or drawing, a description of the property, its location and the location of any buried structures or utilities. Pacific Groundwater
Group will not be held liable for damage or injury to subterranean structures (pipes, tanks, telephone cables, etc.), nor to injury to persons arising from damage to subterranean structures, which are not called to our
attention and correctly shown on the plans furnished to Pacific Groundwater Group in connection with the work performed by Pacific Groundwater Group. The client agrees to indemnify and hold harmless Pacific
Groundwater Group for any and all incorrect or omitted location information to the extent and terms provided in the paragraph entitled -INDEMNIFICATION."
RIGHT OF ENTRY. Unless otherwise agreed, Pacific Groundwater Group will be furnished right -of -entry on the land to make planned borings, surveys and other explorations. Pacific Groundwater Group will take
reasonable precautions to minimize damage from use of equipment, but have not included in our fee the cost of restoration of damage which may result from work as outlined in this contract. If Pacific Groundwater
Group is required to restore the property to its former condition, the cost of such restoration will be estimated. The additional sum will be agreed upon in writing between Pacific Groundwater Group and the client, and
added to the original fee.
SAMPLE RETENTION. Due to the expense of storage costs and limited storage life of samples, Pacific Groundwater Group will discard samples sixty (60) days after submission of the report unless arrangements are
made for repackaging and storage fees. Alternatively, at the client's request, the samples will be delivered to the client at the client's expense. All samples containing hazardous materials will be returned to the client, at
the client's expense , subsequent to use.
OWNERSHIP OF DOCUMENTS. Any documentary report or tangible item developed and famished under this agreement is intended solely for the purpose of communicating and transferring tangible information
relating to professional services. All designs, drawings, specifications, notes, data samples, materials, report reproducibles, and other works developed by Pacific Groundwater Group, are instruments of service and, as
such, remain the property of Pacific Groundwater Group. The client agrees to hold harmless and indemnify Pacific Groundwater Group against all claims, demands, losses, penalties, or damages, including reasonable
attorney's fees, arising use of these documents on extensions of this project or any other project without the written permission of Pacific Groundwater Group.
INSURANCE. Pack Groundwater Croup maintains Worker's Compensation for its employees as required by State law. Pacific Groundwater Group is protected by Public Liability Insurance to a maximum of
$1,000,000 combined single limits, for bodily injury and property damage liability, and will famish certificates thereof upon request. Within the limits of said insurance, Pacific Groundwater Group agrees to hold the
client harmless from and against loss, damage, injury or liability arising directly from negligent acts committed by Pacific Groundwater Group, its employees, agents, subcontractors and subcontractors' employees and
agents.
INDEMNIFICATION. To the fullest extent permitted by law, the client agrees to defend, indemnify and hold Pacific Groundwater Group, including but not limited to Pacific Groundwater Group's agents, employees,
subcontractors and subcontractors' employees, agents and subcontractors, harmless from and against any and all claims, associated defense costs (including reasonable attorney's fees) damages and other liabilities arising
out of or in any way related to Pacific Groundwater Group's work on the project. The client shall indemnify Pacific Groundwater Group against liability for damages caused by or resulting from the concurrent negligence
of (a) the client, its agents, employees, subcontractors and subcontractors' employees, agents and subcontractors, and (b) Pacific Groundwater Group, and its agents, employees, subcontractors and subcontractors'
employees, agents only to the extent of the client's negligence or the negligence of the clients' agents, employees, subcontractors and subcontractors' employees, agents and subcontractors.
LIMITATION OF LIABILITY. With the exception of claims covered by Pacific Groundwater Group's insurance, as provided in the paragraph entitled `INSURANCE" above, and notwithstanding any other term or
condition hereof to the contrary, Pacific Groundwater Group's liability under this contract shall, under no circumstances exceed $50,000 or the total of the fees paid by the Client to Pacific Groundwater Group under the
attached scope of work and contract, whichever is greater.
STANDARD OF CARE. Pacific Groundwater Group agrees to provide the client, for its sole benefit and exclusive use, the consulting services set forth in Pacific Groundwater Group's attached proposal. Pacific
Groundwater Group's services shall be performed in accordance with generally accepted practices in the same or similar localities, related to the nature of the work accomplished, at the time the services are performed.
HAZARDOUS SUBSTANCES AND CONDITIONS. The client recognizes that Pacific Groundwater Group's services do not include generating, storing, transporting, or disposing of substances considered to be
hazardous and requiring permits under Federal, State or local environmental laws. The client warrants that if it knows or suspects that hazardous substances may exist on the property, the client has so informed Pacific
Groundwater Group
UNFORESEEN OCCURRENCES. If any unforeseen conditions or occurrences, including but not limited to hazardous substances or pollutants, are encountered which, in Pacific Groundwater Group's sole judgment,
significantly affect the recommended scope of work, Pacific Groundwater Group will promptly notify the client. After such notification, Pacific Groundwater Group will complete its original scope of work, if appropriate,
or agree with the client to modify the agreement, or to terminate the work pursuant to the termination clause listed above.
SUBSURFACE RISKS AND SITE DAMAGE. The client recognizes that special risks occur and "guarantees" cannot be expected whenever professional consulting services are applied in evaluating subsurface
conditions. Pacific Groundwater Croup cannot eliminate these risks altogether, but can apply professional techniques to reduce the risks to a level considered tolerable and the client agrees to accept that level of risk. The
client recognizes that the use of exploration and test equipment may unavoidably damage or alter the property surface or subsurface and the client agrees to assume responsibility for such unavoidable damages or
alterations. Further, the client assumes responsibility for personal or property damage due to interference with subterranean structures, including but not limited to subsurface pipes, tanks and utility lines, that are not
called to Pacific Groundwater Group's attention in writing or correctly as shown on plans provided by the client.
INTERPRETATIONS AND TIME BAR TO LEGAL ACTION. Interpretations and enforcement of this agreement shall be governed by the laws of the State of Washington. All legal actions by either party to this
contract against the other, related to this agreement or any addendum to it, shall be barred after two years have passed from the time the claimant knew or should have known of its claim, and under no circumstances
shall be initiated after four years have passed from the date by which Pacific Groundwater Group completes its services.
SEVERABILITY AND SURVIVAL. Any element of this agreement later held to violate a law shall be deemed void and all remaining provisions shall continue in force. However the client and Pacific Groundwater
Group will, in good faith, attempt to replace any invalid or unenforceable provision with another provision that is valid and enforceable, and which comes as close as possible to expressing the intent of the original
provision. All terms and conditions of this agreement allocating liability between the client and Pacific Groundwater Group shall survive the completion of the services hereunder and the termination of this agreement
PRECEDENCE. These terms and conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice to proceed, or like document,
regarding Pacific Groundwater Group's services
rev: 1/2001