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STANDARD FORM OF AGREEMENT
BETWEEN
O�7NER AND ENGINEER
FOR
PROFESSIONAL STUDY AND REPORT SERVICES
THIS is AN AGREEMENT made as of June 13 1986,
between The City of Redlands
and Camp Dresser & McKee Inc. (ENGINEER)
OWNER employs ENGINEER to perform professional engineering services, to
serve as OWNER's professional engineering representative and to provide
professional engineering consultation and advice for a professional fee (as
set forth below) in connection with determining the presence of organic
compounds in the ground or groundwater beneath and immediately adjacent to
Redlands municipal Airport. The project will be conducted in two phases.
Phase I will consist of existing data collection and evaluation (Tasks 1,
2, and 3), as described in Exhibit 1 of this contract. Phase IT consists
of subsequent field and reporting tasks (Tasks 4, 5, and 6), as described
in Exhibit 1. The six tasks of this project are hereafter referred to as
the "Assignment."
Page I of 5
CAMP DRESSER&McKEE NIC,
SECTION 1. BASIC SERVICES OF ENGINEER
1.1 ENGINEER shall perform the following professional services:
1.1.1 Consult with OWNER to clarify and define OWNER's requirements
for the Assignment and review available data.
1.1.2 Advise OWNER as to the necessity of OWNER's providing or
obtaining from others special services and data required in
connection with the Assignment and assist OWNER in obtaining
such data and services.
1.1.3 Provide analyses of OWNER's needs with evaluation and
comparative studies of prospective solutions.
1.1.4 Prepare report(s) and technical memoranda, as necessary, of
ENGINEER's findings and recommendations, furnish 10 copies of
the report(s) . Additional copies will be furnished at cost.
1.2 The duties and responsibilities of ENGINEER described above are
supplemented and amended as indictated in Paragraph 1 of Exhibit A
"Further Description of Basic Services, Duties of the Owner, Method of
Payment and Related Matters," which is attached to and made a part of
this Agreement.
SECTION 2. ADDITIONAL SERVICES
2.1 If authorized by OWNER, additional services related to the Assignment
will be performed by ENGINEER for an additional professional fee as
the parties may subsequently agree.
SECTION 3. OWNER'S RESPONSIBILITIES
9,,7NER shall do the following in a timely manner so as not to delay the
services of ENGINEER.
3.1 Provide all criteria and full information as to OWNER's requirements
for the Assignment and designate in writing a person with authority to
act on OWNER's behalf on all matters concerning the Assignment.
3.2 Furnish to ENGINEER all existing studies, reports and other available
data pertinent to the Assignment, obtain or authorize ENGINEER to
obtain or provide additional reports and data as required, and furnish
to ENGINEER services of others required for the performance of
-
ENGINEER's services hereunder, and ENGINEER shall be entitled to use
and rely upon all such information and services provided by ONNER or
others in performing ENGINEER's services under this Agreement.
3.3 Arrange for access to and make all provisions for ENGINEER to enter
upon public and private property as required for ENGINEER to perform
services hereunder.
Page 2 of 5
CAMP DRESSER&McKEE iW
3.4 Perform such other functions as are indicated in Paragraph 2 of
Exhibit A "Further Description of Basic Services, Duties of Owner,
Method of Payment and Related matters."
3.5 Bear all costs incident to compliance with the requirements of this
Section 3.
SECTION 4. PERIOD OF SERVICE
4.1 ENGINEER's Basic Services will be performed and the Report submitted
within the time period or by the date stipulated in paragraph 3 of
Exhibit A "Further Description of Basic Services, Duties of owner,
Method of Payment and Related Matters."
4.2 ENGINEER's Basic Services under this Agreement will be considered
complete at the date when the Report is accepted by OWNER.
4.3 ENGINEER's Additional Services will be performed and completed within
the time period agreed to in writing by the parties at the time such
services are authorized.
4.4 If any time period within or date by which any of ENGINEER's services
are to be completed is exceeded through no fault of ENGINEER, all
rates, measures and amountsofcompensation and the time for
completion of performance shall be subject to equitable adjustment.
SECTION 5. PAYMENTS TO ENGINEER
5.1 OWNER shall pay ENGINEER for services rendered hereunder as indicated
in Paragraph 4 of Exhibit A "Further Description of Basic Services,
Duties of Owner, Method of Payment and Related matters."
5.2 ENGINEER shall submit monthly statements for Basic and Additional
Services rendered. OWNER shall make prompt monthly payments in
response to ENGINEER's monthly statements.
5.3 Engineer will invoice 94NER for actual raw labor and expenses times
appropriate multipliers. The raw labor multiplier shall be 3.05.
The expenses and other direct costs will be invoiced at cost plus
10 percent.
5.4 ENGINEER's above charges are on the basis of the work on the
Assignment until approval of the Report.
SECTION 6. COST C=ROL
6.1 ORNER's budgetary requirements and considerations in respect of the
Assignment are set forth in Paragraph 4 of Exhibit A "Further
Description of Basic Services, Duties of Owner, method of Payment and
Related Platters."
Page 3 of 5
CANIP DRESSER&McKEE INC
7.4 For services involving or relating to hazardous waste -elements of this
Agreement, OWNER shall indemnify, defend and hold harmless ENGINEER
and its 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 ENGINEER or claims against ENGINEER arising
from the work of others, related to hazardous waste.
The above indemnification provision extends to claims against ENGINEER
which arise out of, 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, contaminant or pollutant in or into the
atmosphere, or on, onto, upon, in or into the surface or subsurface
(a) soil, (b) water or watercourses, (c) objects, or (d) any tangible
or intangible matter, whether sudden or not.
Such indemnification shall not apply to claims, damages, losses or
expenses which are found to be the direct result of negligent acts,
errors or omissions of ENGINEER.
7.5 Nothing under this Agreement shall be construed to give any rights or
benefits in this Agreement to anyone other than OWNER and ENGINEER,
and all duties and responsibilities undertaken pursuant to this
Agreement will be for the sole and exclusive benefit of OWNER and
ENGINEER and not for the benefit of any other party.
7.6 This Agreement (consisting of page 1 to fd' inclusive) together with
Exhibit A, constitute the entire Agreement between OWNER and ENGINEER
and supersede all prior written or oral understandings. This
Agreement and said Exhibit A may only be amended, supplemented,
modified or canceled by a duly executed written instrument.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement as of the day and year first above written.
OWNER ENGINEER
%yor Associate
City of Redlands Camp Dresser & McKee Inc.
Page 5 of 5
CAMP DRESScR&WKEE ING,
disposal at the airport. of particular concern during the interview
process will be to identify who used these solvents, when they used
them, and in what manner they were disposed.
TASK 3. IDENTIFY POTENTIAL SOURCE AREAS
Using the information collected in Tasks 1 and 2, CDM will identify
areas where solvents may have been spilled in the airport area. These
areas will be the initial focal point for subsequent field investiga-
tions. In this task, CDM will prepare a brief technical memorandum
which discusses our findings during the first two tasks and outlines a
cost-effective field investigation program. The field program will be
designed to verify the presence of volatile organics in the soil at
suspected spill sites. At this time, three field activities are
possible; depending on the results of the first two tasks, one or more
of these field activities may be conducted. If contaminants are found
during the field investigation, the results will be used to prepare a
remedial action clean-up plan, which will be used to guide the
subsequent mitigation activities.
TASK 4. CONDUCT FIELD INVESTIGATION'S
The field investigations will be conducted in this task. The three
types of field investigations anticipated for this task include a soil
gas survey, soil sampling, and construction of monitoring wells.
Depending on what the existing data evaluation and interviews reveal,
one or more of these field investigations may be conducted.
TASK 4.1. CONDUCT SOIL GAS SURVEY
Determining the extent and concent-rat-ion of a contaminant plume is
difficult using well data because the wells are few and widely spaced.
For this reason, a method to remotely detect volatile organic contami-
nants in the groundwater would be very advantageous. Technology is
available today to remotely detect some volatile organics using a
portable gas chromatograph. However, the success of this technique is
Page 2 of 7
CAINAP DRESSEP&McKE-P�NC,
dependent of the geochemical nature of a particular organic chemical
and on the hydrogeologic characteristics of the saturated and
unsaturated aquifer zones in the area. TCE and PCE are detectable with
this equipment.
The Project Team proposes to use soil gas techniques to determine the
areal extent of contamination around the airport area. Soil gas
detection techniques are best used by starting near a suspected solvent
spill. From this point, gas samples are taken at points radially away
from the contaminated site. In this way, a plume can be mapped and
other point sources may be located. More importantly, more data will
be available on the extent of contamination, which will make the evalu-
ation of remedial action alternatives easier and more reliable. The
product for this task will be plume maps for those volatile organic
chemicals which can be detected using the soil gas techniques.
TASK 4.2. PERFORM SOIL SAMPLING
If spill sites are identified, then soil samples will be taken between
the ground surface and a depth of about ten feet. The shallow
excavations will be done using a backhoe. Samples will be checked in
the field for the presence of volatile organics using an OVA or HNu
handheld analyzer. For those samples having positive results, splits
will be sent to a California- and/or EPA-certified lab for confirmation
of field tests. Samples will be taken and analyzed in this fashion at
2-foot depth intervals in the excavation. If the spill area appears to
be large, then several excavations may be dug and sampled.
For budgeting purposes, we have assumed that three areas will be
identified for soil sampling and that one excavation will be dug in each
area. In addition, we assume that a total of 15 samples will be sent
to a lab for volatile organices analysis. All sampling, storing, and
shipping protocals that CDM presently uses for EPA Superfund work will
be followed to ensure unco=romised test results.
Page 3 of 7
CAMP DRESSER&WKEE HftiC,
F,
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TASK 4.3. CONSTRUCT MONITORING WELLS
In the event that contaminant spill{s} are identified in the airport
area and that the soil gas survey indicates the possibility of
associated groundwater contamination, then several groundwater
monitoring wells should be constructed in those areas identified by the
soil gas survey. water samples from these wells will indicate the
magnitude of groundwater contamination in the area, which will assist
in designing the most appropriate and cost-effective mitigation
program.
i
f
The water table in the airport area is between 200 and 250 feet below
ground surface. Monitoring wells, if constructed in the airport area,
will be drilled to a depth of about 250 to 300 feet (50 feet below the
water table). They would be drilled by reverse-circulation method and
completed with a gravel-packed, 4-inch diameter steel casing.
Prior to beginning drilling operations, CDM will formalize the design
and then prepare plans and specifications for the City. CDM
anticipates that the City will contract for the drilling that will be
e required. Once a driller is selected by the City, CDM will monitor
construction, log and sample drill cuttings, and will provide the final
casing design. CDM will provide full-time monitoring services during
well construction and sampling. CDM will collect a water sample from
each developed well and send it to a California- or EPA-certified lab
for analysis of volatile organics.
For budgetary purposes, CDM is assuming that design and construction
services will be required for the completion of four wells drilled,
completed, and sampled to a depth of 300 feet. We also assume that one
water sample will be analyzed in a lab for each of these four wells.
TASK 5. PREPARE FINAL REPORT
E
I
ti Using information compiled in the first three tasks and the data
collected and evaluated during the field investigation, CDM will
i
Page 4 of 7
Es
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prepare a final report which summarizes the hydrogeologic setting,
identifies spill sites, and describes the limits of contamination by
organic solvents. The report will also recommend how the contaminated
soil and groundwater (if found) can most efficiently be cleaned up.
TASK 6. TECHNICAL REVIEW
The objective of this task is to ensure that the analyses performed in
this study are done correctly and that the most appropriate techniques
are used to generate and evaluate new data. This type of review is
particularly important in contamination investigations where the data
collected may be used later as evidence to defend the City in a legal
action.
2. The responsibilities of OWNER as described in Section 3 of said
Agreement are amended and supplemented as follows:
OWNER shall provide labor and safety equipment to open and protect
manholes and/or to operate valves and hydrants as required by the
ENGINEER.
OWNER shall examine all studies, reports, sketches, drawings,
specifications, proposals and other documents presented by ENGINEER,
obtain advice of an attorney, insurance counselor and other consultants
as he deems appropriate for such examination and render in writing
decisions pertaining thereto within a reasonable time so as not to
delay the services of ENGINEER.
OWNER shall provide such legal, accounting, insurance and other
counseling services as may be required for the project.
OWNER shall furnish approvals and permits from all governmental
authorities having jurisdiction over the Project and such approvals and
consents from others as may be necessary for completion of the Project.
Page 5 of 7
CAMP DRESSER&WKEE INO,
3. The time periods for the performance of ENGINEER's services as set
forth in Section 4 of said Agreement are amended and supplemented as
follows:
The two phases of the investigation will require 7 months to complete.
The first phase consists of the first three tasks and will be completed
within 6 weeks of the Notice to Proceed, at which time the interim
technical memorandum will be submitted to the City for review. After
the City has reviewed the interim technical memorandum, and with their
written approval, CDM will begin the second phase of work which
consists of all field work and the preparation of the final report.
The field investigation portion of phase 2 will require 3 months to
complete. The lab results for soil and groundwater will require a 4-
to 8-week turn-around time. The final report will be submitted to the
City 4 weeks after the lab results are received by CDM.
4. The method of payment for services rendered by ENGINEER shall be as set
forth below:
Table I summarizes, by task, the estimated costs associated with
conducting this investigation for the city of Redlands, exclusive of
drilling costs. The total estimated cost for the two phases of the
investigation, exclusive of the drilling costs, is $108,713. The
not-to-exceed cost of the first phase is $19,804. Assuming all field
work is done, as outlined in Task 4, the estimated cost of completing
the second phase of the investigation is $88,509.
CDM's costs were estimated using raw labor and expense multipliers.
CDM will invoice the City using our standard raw labor multiplier of
3.05. Expenses and other direct costs will be invoiced at cost plus 10
percent.
The project will be performed on a not-to-exceed basis. Payment for
work done will be made monthly by the city of Redlands, on a time and
expenses basis, upon receipt of proper invoices by CDM. If certain
field work is not deemed necessary after the completion of the interim
technical memorandum, then the associated labor and direct cost items
will be correspondingly adjusted.
Page 6 of 7
ICAMR DRPSSER&McKEE iNG
5. owNER has established the following special provisions and/or other
considerations or requirements in respect of the Assignment:
ENGINEER shall not proceed with Tasks 4, 5, and 6 until OWNER provides
written concurrence and authorization as to the scope of field
services, if any, to be provided by ENGINEER.
Page 7 of 7
VIP DRESSER&McKEE INC
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