HomeMy WebLinkAbout99- Maxim Tech. Work Authorization for Environmental Consulting Services
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Work Authorization #: I
WORK AlJTHORIZATION FOR ENVIRONMENTAL
CONSlJLTING SERVICES
THIS WORK AUTHORIZATlON is executed and delivered to Maxim Technologies, Inc. (Maxim;
hereinafter referred to as "Contractor"). by Jewel Foods, Inc. ("Jewel") and the City of Bozeman (the
"City") pursuant to that certain AGREEMENT FOR ENViRONMENTAL SERVICES (the "Agreement")
dated December 8, 1999.
1. Scope of Services: Subject to the terms and conditions of the Agreement which are incorporated
herein hy reference, the City and Jewel hereby authorize and direct Contractor to provide the
following services ("Services"):
Title--.lZil~!!~X!iQrJri:il'J~ Environmental Sampling and Analytical Services
QescriptjQU: Perform general consulting services, groundwater monitoring and reporting
as required by MDEQ for the Bozeman Solvent Site (BSS) on behalf of the City of Bozeman and
Jewel Food Stores.
2. Attachments: The attachments to this Work Authorization identified below arc incorporated herein
by reference and made a part of this Work Authorization
a) Procedures for all long-term monitoring of treatment systems and groundwater at the Bozeman
Solvent Site (BSS) as specified in the Groundwater Monitoring Work Plan (approved by DEQ in
April 1994).
b) Maxim's Work Plan to Jewel Foods and the City of Bozeman (dated 12/1/99) which was
conditionally approved hy Montana DEQ on 12/6/99. Tasks include:
I) Attendance at MDEQ public hearing (10/19/99)
2) Work Plan preparation/coordination with MDEQ on December sampling event.
3) Water treatment system monitoring and reporting
4) December 1999 groundwater monitoring/reporting (w/ level 3 data validation outsourced);
5) June 2000 groundwater monitoring and reporting;
6) Miscellaneous Consulting.
3_ Propertv: The property ("Property") upon which the Services are to be performed is located at:
Store Code: 10-3824 (and associated BSS properties)
Complete Address: 1601 W. Main Street
Bozeman, MT
4. Consideration: The consideration to be received by Consultant for the Services shall be on a time and
materials basis. Costs are from the referenced proposal cost estimate, also dated 12/1/99, and
summarized below.
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1) Attendance at MDEQ public hearing $ 357
2) Work Plan preparation 964
3) Water treatment system monitoringlreporting 4,607
4) December 1999 SamplinglReporting 8,874
5) June 2000 Sampling/Reporting 18,405
6) Miscellaneous Consulting 4,755
Total $ 37,962
Costs will not be exceeded without prior written authorization subject to a Change Order format signed
by the parties.
5. Photographs: May they be taken in accordance with terms of the Master Agreement? Yes
6. Is a bond required to be posted: No
7. Indicate whether additional insureds must be named on consultant policy: No
If yes, the named insured is: .-'
8. Individuals and Entities Ps:rforming the Services: The following individuals and entities shall be
primarily responsible for performing the Services:
Name of IndividuaJlEntity: Licenses and Certificate~
Mike Ellerd
9. Schedule For Performance of the Services: The Services shall be scheduled as follows:
Comm,,<nced: Completed:
1) 10/18/99 10/29/99
2) 11/15/99 12/15/99
3) 10/25/99 12/31/99
4) 12/06/99 o 1/3 1/00
5) 05/15/00 07/3 1/00
6) 10/1 8/99 07/31/00
10. Ac.<;eptance of Work Al!Jhorization: Contractor shall consent to performing the Services in
accordance with this Work Authorization, the Agreement and current hilling requirements by
signing in the signature block below and delivering an original executed copy of this Work
Authorization to Jewel and the City first by facsimile, then hard copy within 10 business days. If
this Work Authorization is not timely signed by an authorized representative of Jewel and the City,
it shall be deemed of no further force and effect.
11. ProiectJVlanagers: Primary communications on this project will be between the project managers
designated below. lNote that additional entities may require notice under the terms set forth in
theAgreement.] Include phone/fax numbers for both.
Jewel Barbara Russell w/copy to: Randy Skanchy, Esq.
c/o Albertsons, Inc. Jones, Waldo, Holbrook, & McDonough
Box 20 (250 Park Center Blvd.) 170 S. Main St.
Boise, ill 83706 Salt Lake City, UT 84145-0444
Ph: (208) 395-4791 (801) 534-7316
Fax: (208) 395-4656 (801) 328-0537
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The City Barry O'Connell, Esq. wi copies to: Paul Luwe, Esq. and
Moore, O'Connell & Retling Debbie Arkell
P.O. Box 1288 City of Bozeman
Bozeman, MT 59771-1288 411 E. Main St.
Ph: (406) 587-5511 Bozeman, MT 59715
Fax: (406) 587-9079 Ph: (406) 582-2310
Contractor Mike Ellerd
Maxim Technologies, Inc.
201 S. Wallace, Suite B3A
Bozeman, MT 59771-1413
(406) 582-8780
(406) 582-8790
IN WITNESS WHEREOF, this Work Authorization is executcd by Consultant and Company to be
effective as of I z. ( 51 '11
Contractor: Signature fY~--ct~4A
Name 0'1 Y l...-ECl ~ ~..,~~ .~~
Title f\JW D \ S ,~u::...'T tl'\ ;w.J~~
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Jewel: Signature ~~.JL-
Name ~il\ Arr\o Ie!
Title V Ue. i?(e~ld€;{\ t ._~
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!";ity: Signature . / .... .-\.. -^ _ (.., a
Namc 'Err r ' I ,:' (J ~))J ~ g I 1-- ~._~
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Title (l.f";~>Vv- 1zrr Cr/ ~/; [i,?k1WI,)
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MAXIMW Al.DOC
BGR/bgr; 12/08/99
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Failure to Timely Commence or Complete Services
Consultant hereby agrees to pay to Company as stipulated, fixed, agreed and liquidated damages
for each calendar day of delay beyond the time limits described in Section 9 of this Work
Authorization for commencement and/or completion of the Services, subject to Force Majeure
Delay 1, or delays ordered by Company, the amounts set forth below. The provisions of this
section shall not limit the right of Company to prove and recover additional damages beyond the
damages set forth herein in the event Consultant's delay in the commencement or completion of the
Services results in claims against Company. For the purposes of this section, the term "calendar
day" includes each day of the week, including weekends and hol idays.
Number of Calendar Days of Amount of Penalty Per Calendar Day Commencement
Delay of Completion of and/or for Each Day of Delay of Commencement
the Services Beyond the Dates for and/or Completion of the Services,
Commencement or Completion, Expressed as a Percentage of the
Respectively, Described in This Consideration Set Forth in Section 4
Wark Authorization of This Work Authorization
Up to 30 0%
30 to 120 0.5%
120 and Ovcr 1.0%
1 As used hcrein, the tcrm "Force Majeure Delay" means delays that are caused by fire or other
casualty, acts of God, unusually inclement weather, refusal or failure of govemmental authoritics
to grant necessary approvals and permits for Services (Consultant agrecing to use reasonable
diligence to procure the same), war, riot, or insurrections, or any other cause (except financial
bcyond the control of Consultant), but not including strikes, work stoppages or other related
problems, if substitute personnel acceptable to Company are reasonably available.
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