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HomeMy WebLinkAboutLeak Location Services 3 Ponds PPWRFVIGINAL PROFESSIONAL SERVICES AGREEMENT Geomembrane Leak Location Resurvey for Three (3) Ponds at the City of Pasco Process Water Reuse Facility (LLSI Proposal 2145B) THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as "City", and Leak Location Services, Inc., hereinafter referred to as "Consultant." RECITALS WHEREAS, the City desires to have certain services and/or tasks performed as set forth below requiring specialized skills, training, equipment, and other supportive capabilities; and WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills, experience, equipment, and necessary capabilities, including: technical and professional expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon which the City is relying. NOW, THEREFORE, in consideration of the mutual covenants, and performances contained herein, the parties agree as follows: 1. Scope of Services. The Consultant shall perform such services and accomplish such tasks, including the furnishing of all labor, materials, facilities and equipment necessary for full performance thereof, as identified and designated as Consultant's Responsibilities throughout this Agreement, and as more particularly described in Scope of Work detailed in Exhibit A, attached hereto and incorporated herein (the "Project"). 2. Term. This Project shall begin as soon as this agreement is executed and promptly be completed prior to December 31, 2015, in accordance with the schedule attached hereto as Exhibit A. 3. Compensation and Payment. 3.1 Payment for services provided hereunder shall be made following the performance of such services. Such payment shall be full compensation for work performed or services rendered, and for all labor, materials, supplies, equipment, and incidentals necessary to complete the Project. 3.2 No payment shall be made for any services rendered by the Consultant except for services identified and set forth in this Agreement except as may be authorized by a written supplemental agreement approved by the City. Professional Services Agreement— Leak Location Services, Inc. Geomembrane Leak Location Resurvey for Three (3) Ponds at the City of Pasco Process Water Reuse Facility (LLSI Proposal 214513) Page I of 9 3.3 The City shall pay the Consultant for work performed under this Agreement upon timely submitted invoices detailing work performed and expenses for which reimbursement is sought. The City shall approve all invoices before payment is issued. Payment shall occur within thirty (30) days of receipt and approval of an invoice. 3.4 The City shall pay the Consultant for all work performed and expenses incurred under this Agreement, as follows. ❑ Hourly (Single Rate): $ per hour plus actual expenses incurred as provided under this Agreement, but not to exceed a total of $ without prior written authorization by the City; or ❑ Hourly (Multiple Rate): Such rates as identified on Exhibit _, plus actual expenses incurred as provided under this Agreement, but not to exceed a total of $ without the prior written authorization by the City; or ® Fixed Sum: A total of $ 28.850.00 or ❑ Other: 4. Resorts and Inspections. 4.1 The Consultant at such times and in such forms as the City may require, shall furnish to the City such statements, records, studies, surveys, reports, data, and information as the City may request pertaining to matters covered by this Agreement. 4.2 The Consultant shall, at any time during normal business hours and as often as the City or the Washington State Auditor may reasonably deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the City, or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement. The City shall receive a copy of all audit reports made by the agency or firm as to the Consultant's activities. The City may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the Consultant's activities which relate, directly or indirectly, to this Agreement. Consultant shall be provided a copy of such reports. 4.3 The Consultant, during the term of this Agreement, shall obtain all permits and registration documents necessary for the performance of its work and for the execution of services at its own expense, and shall maintain its validity. Upon request, the Consultant shall deliver to the City copies of these licenses, registration documents, and permits or proof of their issuance or renewal. Professional Services Agreement— Leak Location Services, Inc. Geomembrane Leak Location Resurvey for Three (3) Ponds at the City of Pasco Process Water Reuse Facility (LLSI Proposal 214513) Page 2 of 9 4.4 Consultant shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Agreement, and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit as provided above. 4.5 The Consultant shall retain all books, records, documents or other material relevant to this Agreement for three (3) years after its expiration. Consultant agrees that the City, or its designee, shall have full access and right to examine any of said materials at all reasonable times during this period. 5. Ownership and Use of Documents. 5.1 All research, tests, surveys, preliminary data, information, drawings and documents made, collected, or prepared by the Consultant for performing the services subject to this Agreement, as well as any final product, collectively referred to as "work product," shall be deemed as the exclusive property of the City, including copyright as secured thereon. Consultant may not use them except in connection with the performance of the services under this Agreement or with the prior written consent of the City. Any prior copyrighted materials owned by the Consultant and utilized in the performance of the services under this Agreement, or embedded in with the materials, products and services provided thereunder, shall remain the property of the Consultant subject to a license granted to the City for their continued use of the products and services provided under this Agreement. Any work product used by the Consultant in the performance of these services which it deems as "confidential," "proprietary," or a "trade secret" shall be conspicuously designated as such. 5.2 In the event of Consultant's default, or in the event that this Agreement is terminated prior to its completion, the work product of the Consultant, along with a summary of the services performed to date of default or termination, shall become the property of the City, and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of services provided shall be prepared at no additional cost, if the Agreement is terminated through default by the Consultant. If the Agreement is terminated through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of services provided. 6. Public Records. 6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW "Public Records Act." All preliminary drafts or notes prepared or gathered by the Consultant, and recommendations of the Consultant are exempt prior to the acceptance by the City or public citation by the City in connection with City action. Professional Services Agreement—Leak Location Services, Inc. Geomembrane Leak Location Resurvey for Three (3) Ponds at the City of Pasco Process Water Reuse Facility (LLSI Proposal 214513) Page 3 of 9 6.2 If the Consultant becomes a custodian of public records of the City and request for such records is received by the City, the Consultant shall respond to the request by the City for such records within five (5) business days by either providing the records, or by identifying in writing the additional time necessary to provide the records with a description of the reasons why additional time is needed. Such additional time shall not exceed twenty (20) business days unless extraordinary good cause is shown. 6.3 In the event the City receives a public records request for protected work product of the Consultant within its possession, the City shall, prior to the release of any protected work product or as a result of a public records request or subpoena, provide Consultant at least ten (10) business days prior written notice of the pending release and to reasonably cooperate with any legal action which may be initiated by the Consultant to enjoin or otherwise prevent such release. Independent Contractor Relationship. 7.1 The parties intend that an independent contractor relationship is created by this Agreement. The City is interested primarily in the results to be achieved; subject to the scope of services and the specific requirements of this Agreement, the implementation of services will lie solely with the discretion of the Consultant. No agent, employee, officer or representative of the Consultant shall be deemed to be an employee, agent, officer, or representative of the City for any purpose, and the employees of the Consultant are not entitled to any of the benefits or privileges the City provides for its employees. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, officers, subcontractors or representatives during the performance of this Agreement. 7.2 In the performance of the services provided in this Agreement, Consultant is an independent contractor with full authority to control and direct the performance of the details of the work, however, the results of the work contemplated herein must meet the approval of the City and shall be subject to the City's general rights of inspection and review to secure the satisfactory completion thereof. 7.3 The Consultant shall comply with all State and Federal laws including, but not limited to: 7.3.1 The definition requirements of RCW 50.04.140 (Employment Security). 7.3.2 RCW 51.08.195 (Industrial Insurance). 7.3.3 Obtain a City of Pasco business license. Professional Services Agreement — Leak Location Services, Inc. Geomembrane Leak Location Resurvey for Three (3) Ponds at the City of Pasco Process Water Reuse Facility (LLSI Proposal 2145B) Page 4 of 9 7.4 The City may, at its sole discretion, require the Consultant to remove any employee, agent or servant from employment on this Project who, in the City's sole discretion, may be detrimental to the City's interest. 8. Indemnification. 8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers from any and all claims and causes of action, including, but not limited to, actions of law or administrative proceedings for all injuries to persons or damages to property, and all losses, damages, demands, suits, judgments, including attorney fees, arising out of, or as a result of, or in connection with the work performed under this Agreement, and caused or occasioned in whole or in part by reason of errors, negligent acts or omissions of the Consultant or its subcontractors in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City, its officers, employees, agents, and volunteers. 8.2 Should a Court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injuries or damages to property caused by or resulting from the concurrent negligence of the Consultant, and the City, its officers, employees, agents and volunteers, the Consultant's liability and obligation to defend hereunder shall only be the proportionate extent of the Consultant's negligence. 8.3 It is further agreed that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. 8.4 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 8.5 This indemnification shall include damages, penalties and attorney fees sustained as a result of Consultant's delayed or failed performance of Section 6 above. 8.6 This waiver has been mutually negotiated by the parties, and the provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, or subcontractors. 9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: Professional Services Agreement — Leak Location Services, Inc. Geomembrane Leak Location Resurvey for Three (3) Ponds at the City of Pasco Process Water Reuse Facility (LLSI Proposal 2145B) Page 5 of 9 9.1.1 Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 9.1.2 Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 9.1.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 9.1.4 Professional Liability insurance appropriate to the Consultant's profession. 9.2 Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 9.2.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 9.2.2 Commercial General Liability insurance shall be written with limits no less than: ❑ $1,000,000 each occurrence; ❑ $2,000,000 general aggregate; or ® $1,000,000 each occurrence; and $2,000,000 general aggregate 9.2.3 Professional Liability insurance shall be written with limits no less than: ® $1,000,000 per claim; ❑ $1,000,000 policy aggregate limit; or ❑ $ per claim; and $ per policy aggregate limit 9.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance: 9.3.1 The Consultant's insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. Professional Services Agreement — Leak Location Services, Inc. Geomembrane Leak Location Resurvey for Three (3) Ponds at the City of Pasco Process Water Reuse Facility (LLSI Proposal 214513) Page 6 of 9 9.3.2 The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 9.4 Acceptability of Insurers. Insurance is to placed with insurers with a current A.M. Best rating of not less than A: VII. 9.5 Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 10. Nondiscrimination. In the performance of this Agreement, the Consultant will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Consultant shall ensure that applicants are employed, and that employees are treated during employment in the performance of this Agreement without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Consultant shall take such action with respect to this Agreement as may be required to ensure full compliance with local, State and Federal laws prohibiting discrimination in employment. 11. Covenant Against Contingent Fees. The Consultant warrants that it has not employed nor retained any company, firm, or person, other than a bona fide employee working exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid or agreed to pay any company, person or firm, other than a bona fide employee working exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement. 12. Assignment and Subcontracting. 12.1 The City has awarded this Agreement to the Consultant due to its unique qualifications to perform these services. The Consultant shall not assign (or subcontract other than as specifically identified in Exhibit A) its performance under this Agreement or any portions of this Agreement without the prior written consent of the City, which consent must be sought at least thirty (30) days prior to the date of any proposed assignment. 12.2 Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement including Section 6, Public Records; Section 10, Professional Services Agreement — Leak Location Services, Inc. Geomembrane Leak Location Resurvey for Three (3) Ponds at the City of Pasco Process Water Reuse Facility (LLSI Proposal 2145B) Page 7 of 9 Nondiscrimination; proper bidding procedures where applicable; and all local, State and Federal statutes, ordinances and guidelines. 12.3 Any technical or professional service subcontract not listed in this Agreement, must have prior written approval by the City. 13. Termination. 13.1 Termination for Convenience. Either party may terminate this Agreement for any reason upon giving the other party no less than ten (10) business days written notice in advance of the effective date of such termination. 13.2 Termination for Cause. If the Consultant fails to perform in the manner called for in this Agreement, or if the Consultant fails to comply with any other provisions of this Agreement and fails to correct such noncompliance within five (5) business days of written notice thereof, the City may terminate this Agreement for cause. Termination shall be effected by serving a notice of termination on the Consultant setting forth the manner in which the Consultant is in default. The Consultant will only be paid for services and expenses complying with the terms of this Agreement, incurred prior to termination. 14. General Provisions. 14.1 For the purpose of this Agreement, time is of the essence. 14.2 Notice. Notice provided for in this Agreement shall be sent by: 14.2.1 Personal service upon the Project Administrators. 14.2.2 Certified mail to the physical address of the parties, or by electronic transmission to the e-mail addresses designated for the parties below. 14.3 The Project Administrator for the purpose of this Agreement shall be: 14.3.1 For the City: Ahmad Qayoumi, or his/her designee Public Works Director 525 North 3'a PO Box 293 Pasco WA 99301 g ayoumia(i0asco-wa. gov 14.3.2 For the Consultant: Matthew Kemnitz, or his/her designee Leak Location Services, Inc. 16124 University Oak San Antonio, TX 78249 mkemnitz(a,llsi.com Professional Services Agreement— Leak Location Services, Inc. Geomembrane Leak Location Resurvey for Three (3) Ponds at the City of Pasco Process Water Reuse Facility (LLSI Proposal 2145B) Page 8 of 9 15. Disuute Resolution. 15.1 This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. 15.2 In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 16. Nonwaiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other similar event or other provision of this Agreement. 17. Integration. This Agreement between the parties consists in its entirety of this document and any exhibits, schedules or attachments verified by initials as a part of Exhibit A. Any modification of this Agreement or change order affecting this Agreement shall be in writing and signed by both parties. 18. Authorization. By signature below, each party warrants that they are authorized and empowered to execute this Agreement binding the City and the Consultant respectively. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the 2q day of ,Ttd, l , 2015. CITY OF PASCO, WASHINGTON: a ell, City Manager IT ,EST: /� U C� e ebbie Clark, City Clerk CONSULTANT: Matthew Kemnitz, Operations Officer/ Project Engineer APPROVED AS TO FORM: Leland B. Kerr, City Attorney Professional Services Agreement — Leak Location Services, Inc. Geomembrane Leak Location Resurvey for Three (3) Ponds at the City of Pasco Process Water Reuse Facility (LLSI Proposal 214513) Page 9 of 9 LEAK LOCATION SERVICES, INC. 16124 UNIVERSITY OAK • SAN ANTONIO, TEXAS 78249 • (210) 408-12411 FAX (210) 408-1242 LLSI Proposal 2145B July 16, 2015 A Proposal for: GEOMEMBRANE LEAK LOCATION RESURVEY FOR THREE PONDS AT THE PROCESS WATER REUSE FACILITY NEAR PASCO, WASHINGTON I. INTRODUCTION Leak Location Services, Inc. (LLSI) offers the proposed geomembrane leak location services based on our unparalleled expertise and 22 years of geomembrane leak location experience. The three ponds at the Process Water Reuse Facility Near Pasco, have a combined area of approximately 1,357,000 square feet and will be lined with a single 60 -mil HDPE geomembrane. The ponds are empty. This proposal describes the work that will be performed by LLSI and the important site preparations to be performed by The City of Pasco, Washington for a successful leak location survey. if. TECHNIQUE A. General The electrical leak location method detects electrical paths through the liner caused by water or moisture in the leaks. A voltage is connected to one electrode placed in a conducting media covering the liner and another electrode placed in contact with earth ground. Electrical current flowing through the leaks in the liner produces localized anomalous areas of high current density near the leaks. These areas are located by making electrical potential measurement scans in or on the electrically conductive material on the geomembrane liner. B. Survey of Areas with Bare Liner This test method is described in ASTM D7002. The water puddle survey method for bare liners detects electrical current flowing through holes in the geomembrane liner using a small amount of water that is put in contact with the liner. A squeegee is used to push the water over the liner. A low voltage electrical supply is connected to earth ground and to the leak detector. When a hole in the liner is encountered, electrical current will flow through water in the leak contacting earth ground. The current is monitored using an electronic detector that converts the increase in the current to an audible tone indication. The water puddle test is not effective on wrinkles. Therefore, most of the work is scheduled during the cooler part of the work day when wrinkles are minimized. This type of survey cannot be accomplished during rainfall, when the geomembrane is wet, or when the geomembrane temperature is below freezing. 4M� Over 20 Years www.Ilsi.com results@llsi.com Exhibit A City of Pasco, Public Works Department Page 2 of 6 July 16, 2015 LLSI Proposal 2145B III. QUALIFICATIONS AND EXPERIENCE LLSI is the world leader in geoelectric leak location testing. The present 10 members of LLSI have a combined total of more than 135 years of commercial geomembrane leak location experience. LLSI has performed more than 3,008 leak location surveys and more than 431,000,000 square feet of survey. In the year 2014 alone, LLSI completed 212 geomembrane leak location surveys. The area surveyed was more than 31,416,000 square feet (721 acres). In the last three years, LLSI has surveyed 92,373,000 square feet (2,120 acres) of geomembrane. LLSI has tested triple-, double-, and single -lined landfills, ponds, lagoons, leachpads, tanks, vaults, highway subgrade, tennis courts, HDPE pipe, and landfill caps, including testing of smooth, textured, and reinforced geomembranes, including HDPE, LLDPE, PVC, XR-5, CSPER, asphalt, polyurethane, and polypropylene. The LLSI leak location equipment, software, and procedures are custom-designed and fabricated by LLSI to produce unequaled leak detection capabilities. The equipment and procedures have been improved and optimized through 22 years of field applications. The principals of LLSI began the development of the geoelectric leak location method at Southwest Research Institute in 1980 and the first commercial leak location survey was performed in 1985. Leak Location Services, Inc. was formed in 1992 as a Texas corporation. LLSI owns the exclusive patent rights on the geoelectric leak location method covered by United States patents 5,661,406 and 6,331,778. LLSI has provided leak location services in 47 states, eight Canadian provinces, and 28 foreign countries. The personnel qualifications of Leak Location Services, Inc. are unmatched in the world. Seven LLSI leak location personnel have more than five years of experience and have surveyed more than 70 million square feet of geomembrane in the last three years. LLSIholds weeklytraining meetings to maximize operatorproficiency and knowledge. LLSI field personnel also have received safety training for OSHA HAZWOPER, OSHA Construction Safety and Health, OSHA 30 Hour Construction Industry Outreach, MSHA work at surface mines, SafeLand USA, confined space entry, first aid, and CPR. In addition, LLSI subscribes to the ISN, PICS, PEC, Browz, and CanQual safety programs. IV. PROPOSED WORK PLAN A. General Theproposedwork willbe conducted on one mobilization bya two -person field crew from LLSI with the assistance of four -supervised laborers provided the City of Pasco, Washington City of Pasco, Public Works Department Page 3 of 6 July 16, 2015 LLSI Proposal 2145B on a single mobilization. The survey of the ponds will require approximately 80 total hours in four days or nights to complete. The schedule assumes the ponds will be ready when the survey crew arrives on-site and that no more than five leaks per acre are located. B. Water Puddle Survevs All of the areas will be surveyed using the water puddle survey method using a custom-designed squeegee sensor. The bare geomembrane liner will be systematically scanned with overlapping coverage. When a leak is detected, it will be located and marked for repair. The area that has been surveyed will be noted and/or marked so all of the geomembrane lined area is surveyed. The locations of leaks will be documented. The survey is best performed when the liner is cool and not subject to wrinkles. Our experience shows the best time to conduct the survey work is between the hours of 10:00 P.M. and 10:00 A.M. Of course this will depend on the time in the year that the survey is conducted and the daytime temperatures. C. Leak Detection Sensitivity The leak location survey equipment will be tested for proper operation and functionality using the methods described in the relevant ASTM standard. Proper equipment operation and functionality are demonstrated if the test hole or artificial leak is detected. The results of this test are documented. D. Reporting The general results of the survey will be reported to a designated representative of the City of Pasco during the daily progress of the field work. A list of the locations of the leaks found will be submitted to the representative after completion of the field work and before the survey personnel leave the site. A letter report documenting the work and results of the surveys will be prepared and submitted within five days after completion of the field work. V. PREPARATIONS AND SUPPORT The City ofPasco will be responsible for preparing the ponds for the surveybefore the arrival of the LLSI technician. These preparations include: Provide a source of water for water puddle method survey. A water truck with pressure pumping capabilities is ideal. The truck water supply or water main must provide a minimum pressure of 40 psi at a minimum flow rate of 5 gallons per minute. Remove standing water from the surface of the bare geomembrane. Isolated patches of water smaller than about one square yard are acceptable. City of Pasco, Public Works Department July 16, 2015 Page 4 of 6 LLS1 Proposal 2145B Provide lighting if the leak location survey is conducted at night for the water puddle survey method. A minimum of two lighting trailers are required. Provide the assistance of four supervised laborers to help with handling the water hoses and other assistance. The labor support must be available during the hours that the LLSI crew is working, including working through weekends, if needed. Allow 0.04 -inch diameter holes to be placed in the geomembrane at the top of the berms or provide an 8 -foot by 10 -foot scrap piece of geomembrane for water puddle leak detection sensitivity test.. VI. SCHEDULE The estimated time required to conduct the survey is approximately 80 man-hours over four days on one mobilization. This schedule assumes no standby time due to any complications that might arise. Work will continue through weekends if necessary. This proposal is valid for sixty days. VII. COST The cost for the proposed survey work, including labor, expenses, equipment, mobilization, survey and report, with additional cost items, if needed, are: ITEM COST A. One round trip reduced mobilization of a two -person field crew, including expenses*, up to 80 man- hours over four consecutive days of survey, and report .................................. $ 28,850 TOTAL ESTIMATED SURVEY COST** ....................... IN .850 Additional costs, if required: B. Hourly cost for additional survey or standby for one-person (greater of actual time or 8 hours per day, 4 hours minimum for last day) ........................... $ 125 C. Additional mobilization for one person ................... $ 2,550 * Expenses included are airtiansportation, equipment shipping, local transportation, lodging, meals, and field supplies. City of Pasco, Public Works Department Page 5 of 6 July 16, 2015 LLSI Proposal 2145B ** Standby time will be charged if the geomembrane or preparations are not ready when the survey crew arrives each day. If more than the specified number of days are needed to complete the field work because of lack of preparations or support, delays due to weather (lightning within four miles, frozen soil, wind chill below 15° F, wind speed above 25 mph, visibility below 1,000 feet, moderate rainfall, or any other weather condition that would present a safetyhazard), numerous leaks (more than 5 leaks per acre), or delays caused by circumstances beyond the control ofLLSI, the extra days of work or standby will be charged at the rate listed in item B. VIII. INSURANCE LLSI carries comprehensive general liability, hired non -owned automobile liability and workers compensation insurance coverage with limits appropriate for construction projects of this nature. IX. PAYMENT Client shall pay LLSI the amount stated in Section VI of this proposal for the work which may include additional standby or survey costs. All invoices rendered Client by LLSI shall be paid within 45 days from date of invoice. Should LLSI find it necessary to employ an attorney to collect any unpaid invoice amount, Client shall pay all attorney's fees required to collect the unpaid debt. X. WARRANTY As with any technology, there are ultimate limits to the technology and practical field procedures. The electrical leak location method can accurately find the smallest electrical paths of practical interest. However, conditions may exist where an electrical path is not established through a leak because of preparations or other conditions not under the control of LLSI. In addition, LLSI has no control over the reliability, completeness of the repairs, possible future geomembrane failures, or damage to the geomembrane. For a small proportion of the total cost of a geomembrane- lined facility, LLSI cannot assume any liability for possible existing and future pollution damages and litigation costs. Nevertheless, Leak Location Services, Inc. is the most experienced in the world for field applications of the electrical leak location method for geomembranes and the results of these applications have been outstanding. To reflect these practical realities, LLSI provides the following warranty: LIMITED WARRANTY LEAK LOCATION SERVICES, INC. WILL PERFORM THE PROPOSED WORK DESCRIBED HEREIN IN A GOOD AND WORKMANLIKE MANNER WITH THE DEGREE OF HIGH PROFESSIONAL SKILL, SOUND PRACTICES AND JUDGEMENT THAT IS NORMALLY EXERCISED BY RECOGNIZED PROFESSIONAL FIRMS WITH City of Pasco, Public Works Department Page 6 of 6 July 16, 2015 LLSI Proposal 2145B RESPECT TO SERVICES OF A SIMILAR NATURE. HOWEVER, BECAUSE THE WORKINVOLVES CONDITIONS THAT ARE NOT UNDER THE CONTROL OF LLSI BEFORE, AFTER, OR DURING THE TESTING, LLSI DOES NOT WARRANT THAT IT WILL DETECT, IDENTIFY ORMARKALL LEAKS IN THE GEOMEMBRANE. IN ADDITION, LLSI DOES NOT ASSUME ANY LIABILITY FOR THE DIRECT FORESEEABLE ORCONSEQUENTIAL LOSS, COST ORDAMAGE RESULTING FROM DEATH, PERSONAL INJURIES, LOSS OR DAMAGE TO PROPERTY, IMPAIRMENT, OR ANY DAMAGE TO ANY RIGHT, INCLUDING BUT NOT BY ANY WAY OF LIMITATION, THE RIGHT TO BE PAID FOR THE LOSS OF TIME, LOSS OF SERVICES, FINES, PENALTIES, OR ATTORNEY'S FEES AND OTHER EXPENSES INCURRED, ARISING OUT OF ORAS A CONSEQUENCE OF THE USE OR MISUSE OF ANY SURVEY RESULTS, DATA OR OTHER INFORMATION RESULTING FROM PERFORMING THE PROPOSED SERVICES. THE PARTIES AGREE THAT ANY DAMAGES, CLAIMS, OR LOSSES INCLUDING ENVIRONMENTAL OR POLLUTION DAMAGES, CLAIMS, OR LOSSES RESULTING FROM THE WORK LLSI PERFORMS UNDERTHIS AGREEMENT WILL BE LIMITED TO THE AMOUNT OF COMPENSATION LLSI HAS RECEIVED UNDER THIS CONTRACT. and Authorized Printed Name N/19 Purchase Order Number Date �G weylt& DlI'G Lt]Y Title Our company does not utilize a purchase order system (Check box and enter N/A above)