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HomeMy WebLinkAbout99- Maxim Tech. Work Authorization for Environmental Consulting Services ("' ...1 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. I ~ ~ ..." , I 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 2 ,-- ,~ 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~~ - (l'\ f\---;<:. I /"'- ~-c..-lo-f '" <:I l---o <:rl <<"S I ( ...fe_, Jewel: Signature ~~.JL- Name ~il\ Arr\o Ie! Title V Ue. i?(e~ld€;{\ t ._~ ~ // // !";ity: Signature . / .... .-\.. -^ _ (.., a Namc 'Err r ' I ,:' (J ~))J ~ g I 1-- ~._~ f Title (l.f";~>Vv- 1zrr Cr/ ~/; [i,?k1WI,) I MAXIMW Al.DOC BGR/bgr; 12/08/99 3 ,... , ~ 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. 4