FY2021-14 Agreement Between KIB And NWFF Enviromental - Emergent AbatementNWFF V
ENVIRONMENTAL
AGREEMENT FOR SERVICES
(Herein referred to as "Agreement")
1. Services by Staff
Co Kt -r— Pct'
F� ZOz► - H
Unless other fees have been arranged, fees for services are based on the number of hours expended on
the project (including travel time) by N.W.F.F., Inc. d/b/a NWFF Environmental (herein referred to as
"NWFF") personnel at the hourly rate for classes of work listed on the current schedule of charges. All
charges will be invoiced in accordance with NWFF's standard rate schedule and terms and conditions
attached to this Agreement.
2. Direct Expenses (Equipment rentals, Expendables, & Reimbursable Items)
Use of NWFF equipment, in-house copies, long distance phone charges, expendable sampling supplies
and field supplies will be charged on a per unit basis (see the current Schedule of Charges). Mileage fees
are included in the daily charged rate of NWFF vehicles. Other expenses incurred that are directly
attributable to the project will be invoiced at cost plus 15%. Such charges include but are not limited to
subcontractors' fees, out-of-town travel, teleconferences, photographs, special instrumentation and field
equipment rental, fees and permits, premiums for additional or specific insurance where required,
laboratory charges, plots, and out-of-town delivery charges.
3. Billing
Invoices will be issued monthly, or upon completion of project if sooner, unless otherwise agreed to in
writing and are payable "NET 30". Interest of 18% per annum will be payable on any amounts not paid
within 30 days.
4. Subcontractors
It is agreed that NWFF may issue subcontracts to subcontractors without your prior approval, for services
including but not limited to, drilling, laboratory analyses, cost estimation, third party oversight,
compliance negotiations, health and safety services and surveying. When subcontractors are used, the
total cost of their services will be marked up fifteen percent (15%).
S. General Liability Limitation
NWFF agrees to indemnify and hold you harmless on account of liability due to bodily injury or property
damage caused by NWFF negligent operational acts, but liability under this indemnity and hold harmless
obligation will be limited to the coverage available under NWFF comprehensive general liability insurance.
At your request, NWFF will purchase additional limits of liability insurance that you may require, as a
separate cost to be paid by you.
6. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold NWFF, its agents,
subcontractors, and employees harmless from and against any and all claims, defense costs, including
attorneys' fees, damages, and other liabilities arising out of or in any way related to NWFF performance
of this agreement, any reports, NWFF presence on the project property, or the presence, release, or
threatened release of asbestos, hazardous substances, or pollutants on or from the project property
Version 2020 P.O. Box 188, Philomath, Oregon 97370 Page 1 of 4
ENVIRONMENTAL
except to the extent any such claim alleges sole negligence or intentional misconduct on the part of NWFF,
its agents, subcontractors, or employees.
7. Access/Utilities/Site Conditions
It is your responsibility to obtain any necessary authorization for NWFF to have access to the property and
any buildings required to perform the contracted services. It is also your responsibility to provide NWFF
with the location of underground utilities. You hereby agree to assume responsibility for personal injury.
You agree to provide all information in your possession, which relates to the presence of hazardous
substances on the site. To the extent required by law, you shall report regulated conditions, including,
without limitation, the discovery of releases of hazardous substances, at the site to the appropriate public
authorities in accordance with applicable laws. NWFF's scope of work has been developed on the basis of
site conditions you have disclosed. If hazardous materials are encountered at the site during the course
of work, under conditions other than those disclosed by you, it is hereby agreed that the scope of services,
schedule, and the estimated project cost will be reconsidered, and that this Agreement shall immediately
become subject to renegotiation or in the sole discretion of NWFF, subject to suspension or termination.
Test borings and test pits are an accepted and informative means of subsurface exploration. However, in
the nature of things, they cannot indicate with absolute certainty the nature of the subsurface conditions
between and below the test explorations. Therefore, a report based on test borings, test pits, or other
exploration method cannot guarantee the nature of the subsurface conditions between and below the
test explorations.
B. Force Majeure
Neither party to this Agreement will be liable to the other party for delays in performing the services, nor
for the direct or indirect cost resulting from such delays, that may result from labor strikes, riots, war, acts
of governmental authorities, extraordinary weather conditions or other natural catastrophe, or any other
cause beyond the reasonable control or contemplation of either party.
9. Other Provisions
It is agreed that this Agreement is entered into by the parties for the sole benefit of the parties to the
Agreement, and that nothing in the Agreement shall be construed to create a right or benefit for any third
party. The laws of the State of Oregon, Washington or Alaska, depending on the location of the physical
work being conducted, shall govern this Agreement.
10. Disputes Resolution
Any controversies or claims arising out of or relating to this Agreement, or breach thereof, which exceed
$5,000 in value, shall be settled by arbitration administered by the American Arbitration Association under
its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered
in any court having jurisdiction thereof.
11. Termination
Either party may terminate this Agreement by seven (7) days written notice of substantial failure of
performance. If this Agreement is terminated, it is agreed that NWFF shall be paid for labor performed
and direct expenses expended prior to the termination notice date.
Version 2020 P.O. Box 188, Philomath, Oregon 97370 Page 2 of 4
NWFF
ENVIRONMENTAL
12. Non -Disclosure Agreement
This Nondisclosure Agreement ("NDA") is entered into by and between the Kodiak Island Borough with its
principal office at in Kodiak, AK ("Disclosing Party") and N.W.F.F., Inc, located in the States of Oregon,
Alaska, and Washington ("Receiving Party") for the purpose of preventing the unauthorized disclosure of
Confidential Information as defined below. The parties agree to enter into a confidential relationship with
respect to the disclosure of certain proprietary and confidential information ("Confidential Information").
A. Definition of Confidential Information. For purposes of this Agreement, "Confidential Information"
shall include all information or material that has or could have commercial value or other utility in the
business in which Disclosing Party is engaged. If Confidential Information is in written form, the
Disclosing Party shall label or stamp the materials with the word "Confidential" orsome similar warning.
If Confidential Information is transmitted orally, the Disclosing Party shall promptly provide a writing
indicating that such oral communication constituted Confidential Information.
B. Exclusions from Confidential Information. Receiving Parry's obligations underthis Agreement do not
extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes
publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party
before disclosure by Disclosing Party; (c) learned by the Receiving Party through legitimate means other
than from the Disclosing Party or Disclosing Party's representatives; or (d) is disclosed by Receiving Party
with Disclosing Party's prior written approval.
C. Obligations of Receiving Party. Receiving Party shall hold and maintain the Confidential Information
in strictest confidence for the sole and exclusive benefit of the Disclosing Party. Receiving Party shall
carefully restrict access to Confidential Information to employees, contractors, and third parties as is
reasonably required and shall require those persons to sign nondisclosure restrictions at least as
protective as those in this Agreement. Receiving Party shall not, without prior written approval of
Disclosing Party, use for Receiving Party's own benefit, publish, copy, or otherwise disclose to others, or
permit the use by others for their benefit or to the detriment of Disclosing Party, any Confidential
Information. Receiving Party shall return to Disclosing Party any and all records, notes, and other
written, printed, or tangible materials in its possession pertaining to Confidential Information
immediately if Disclosing Party requests it in writing.
D. Time Periods. The nondisclosure provisions of this Agreement shall survive the termination of this
Agreement and Receiving Party's duty to hold Confidential Information in confidence shall remain in
effect until the Confidential Information no longer qualifies as a trade secret or until Disclosing Party
sends Receiving Party written notice releasing Receiving Party from this Agreement, whichever occurs
first.
13. Relationships. Nothing contained in this Agreement shall be deemed to constitute either party a partner,
joint venture or employee of the other parry for any purpose.
14. Severability. If a court finds any provision of this Agreement invalid or unenforceable, the remainder of
this Agreement shall be interpreted so as best to effect the intent of the parties.
15. Integration. This Agreement expresses the complete understanding of the parties with respect to the
subject matter and supersedes all prior proposals, agreements, representations, and understandings. This
Agreement may not be amended except in a writing signed by both parties.
Version 2020 P.O. Box 188, Philomath, Oregon 97370 Page 3 of 4
NWFF4iV
ENVIRONMENTAL
16. Waiver. The failure to exercise any right provided in this Agreement shall not be a waiver of prior or
subsequent rights.
17. Contact Information
(Client) Point of Contact: David Conrad OR Jena
Phone Number: 4R6-9343 486-9348
E -Mail Address: dconrad0kodiakak.us ihassinger@kodiakak.us
(Accounts Payable) Contact: Patricia Valerio nR Karina Fernandez
Phone Number: 907-486-9343 907-486-9326
E -Mail Address: pvalerio@kodiakak.us kfernandez@kodiakak.us
18. Signatures of Agreement
This Agreement and each party's obligations shall be binding on the representatives, assigns, and
successors of such party. Each party has signed this Agreement through its authorized representative. By
signing this Agreement, you accept and acknowledge all terms of this Agreement and will abide lawfully
a them.
1/4/2021
(Client Authori ed Signature) (Date of Signature)
David Conrad
(Client Printed Name)
(NWFF Authorized Signature)
Monique Lewis
(NWFF Printed Name)
19. Attachments
A. Standard Rate Sheet -Terms and Conditions
Fng0nPP6ng R Fnrilitie< Dirprtnr
(Title) Acting Manager — i�c�rniva yltvxi uta
CA -F -W-- tr�C_
9/3/2020
(Date of Signature)
Principal
(Title)
Version 2020 P.O. Box 188, Philomath, Oregon 97370 Page 4 of 4
NWFTF
Updated 4/6/2020 RBS
NWFF Emergency Response Rates (AK) 2020
PERSONNEL
HOURLY RATE
Position
DESCRIPTION
Straight Time
BILLING RATE
Over Time
RV -34
Double Time
Fla er
$
66
$
99
$
133
Non HAZWOPER Labor
$
66
$
99
$
133
HAZWOPER Technician
$
69
$
103
$
138
Admin. Support /Accounting
$
66
$
98
$
131
Marine Labor
$
89
$
133
$
178
Equipment O erator / CDL Driver
$
86
$
129
$
173
Foreman
$
88
$
131
$
175
Marine Operator
$
90
$
135
$
180
Safety Officer
$
106
$
159
$
213
Environmental Technician
$
113
$
169
$
225
Environmental Specialist
$
138
$
206
$
275
Response Manager
$
144
$
216
$
288
ICS General Staff
$
148
$
221
$
295
Marine Specialist
$
150
$
225
$
300
Project Manager/JR Incident
Commander
$
156
$
234
$
313
Incident Commander
$
155
$
233
$
310
VEHICLES
DESCRIPTION
BILLING RATE
RV -34
Hazmat Box Van (Response Van
$
550.00
Da
RV -35
F-150 Standard White
$
150.00
Da
RV -36
F-150 Standard Green
$
150.00
Da
RV -37
F-350 Extended Green Flatbed
$
300.00
Da
SV -21
Freightliner Vac Truck 2,100 gallon
$
800.00
Da
SV -23
F-450 Standard Red Dump Truck
$
400.00
Da
SV -24
F-350 Crewcab Black RS
$
350.00
Da
SV-25Ford
Excursion PC
$
150.00
Da
SV -26
F-350 Crewcab White JV
$
350.00
Da
SV -27
R-1500 Crewcab Silver (F&S)
1 $
250.00
Da
SV -29
I Ford Exca a ML
$
150.00
Da
RT -24
Enclosed Trailer Gold
$
150.00
Da
RT -25
Enclosed Trailer Wide White
$
150.00
Da
RT -26
Dump Trailer Black
$
175.00
Da
RT -27
Enclosed Trailer Narrow White
I $
150.00
Da
EQUIPMENT/SUPPLIES
DESCRIPTION
BILLING RATE
Electric Transfer Pump
Poly Storage Tank
Any Size
S
50.00
DAY
100 gal Pop Up Pool
$
S
450.00
DAY
9" Containment Boom
$
S
1.50 per foot/per da
Tow Bridel
25 ft.
S
26.00
per da
Floats assorted
25 ft.
S
8.00
per da
Oil Skimmer Drum
TDS-118 35gpm
S
1.200.00
per da
Lg Roe 1/2 " or greater
600' S ool
$
0.75
per foot
Lg Rope 1/2 " or greater
600' Spool
S
450.00
per spool
Sm Roe 1/2" or less
600' S ool
S
0.25
per foot
Sm Roe 1/2" or less
600' Spool
$
132.00
perspool
Boom Lights
5
15.50
per da
Anchors
221b Danforth
S
30.00
per da
Life Vests
jTypeIV
S
15.00
per da
Waders
5
20.00 1
perda
TESTING EQUIPMENT
BILLING RATE
O.V. PID 10.6 eV
$
150.00
per da
4 -Gas Air Monitor
$
150.00
per da
5 -Gas Air Monitor
$
150.00
perday
Single Phase Gas Monitor
$
85.00
perday
PUMPS & HOSES
BILLING RATE
Electric Transfer Pump
115 GPM
$
35.00
perday
Trash Pump
300.00
$
50.00
per da
2" Single Diaphragm
per day
$
93.00
per da
1" Discharge/Suction Hose
25 ft.
$
8.00
per hose/per da
2" Discharge/Suction Hose
25 ft.
$
15.50
per hose/per da
2" Discharge/Suction Hose
100 ft.
$
31.00
per hose/per da
3" Dischar e/Suction Hose
25 ft
$
21.00
per hose/per da
2" Over water transfer (Petro)
100 ft.'
103.0
per hose/per day
1 1/2" Fire Hose
100 ft.
$
21.00
per da
COMMUNICATIONS EQUIPMENT
Hand Held GPS
$
30.00
per day
Mobile Repeater System
$
300.00
per day
Satellite Phone
$
85.00
per day
Portable Office Kit (computer, printer, scanner)
$
150.00
per day
CONFINED SPACE
Confined Space 200' Roe
$
300.00
per ro e
Confined Space Rescue Gear Box
$
150.00
per da
Tri -Pod
$
150.00
per da
Portable Radio 11COM
$
26.00
each
MISCELLANEOUS EQUIP I BILLING RATE
210 CFM Air Compressor Kit
S
300.00
per da
Coliwasas Tube
75.00
S
65.00
each
Duct Tae
per bale
S
12.00
per roll
Extension Cord / GFCI
Oil Only Roll 30"x50'
$
25.00
perday
Flagging Tae
S
$
30.00
per roll
Generator
2000 watt
$
150.00
per da
Work Light w/stand
pe ba
$
50.00
per day
Hand Tools
3 piece
$
25.00
per day
Ladder
$
$
40.00
per day
Marker Paint
5.00
$
15.00
each
Pressure Washer
each
$
75.00
per da
Ram Fan
Mercury Vapor Respirator Cartridges
$
60.00
perclay
Sample Jars
$
$
2.00
each
Visqueen 6 mil
20'x100
$
250.00
per roll
Wooden stakes
each
$
45.00
per bundle
ABSORBENT MATERIALS
BILLING RATE
Oil Only Pads
$
75.00
per bale
Universal Pads
$
85.00
per bale
5" x 10' Oil Only Booms
S
116.00
per bale
Oil Only Roll 30"x50'
S
114.00
per roll
Universal Roll 30"x50'
S
122.00
per roll
Sweep 100'
S
108.32
per bale
Solid -A -Sorb 25 Ib
S
26.00
pe ba
Filler Boom (3"x10')
S
141.00
each
PPE
BILLING RATE
LEVEL "A" (Tychem TK)
$
1,500.00
each
LEVEL "B" (Tychem TK Hooded)
S
500.00
each
LEVEL "B" (Encapsulated)
$
825.00
each
LEVEL "C" (DusUTychem OC)
$
12.00
each
LEVEL "C" (FR Tyvek)
$
85.00
each
LEVEL "C" (Coated Tyvek)
$
15.00
each
LEVEL "D"
$
30.00
each
FR Shirt
$
25.00
each
Nitrile Gloves
$
20.00
per box
Work Gloves
$
4.50
each pair
Boot Covers
$
5.00
each pair
Safety Harness
S
35.00
each
Chemical Respirator Cartridges (Defender)
S
45.00
per set
Mercury Vapor Respirator Cartridges
$
82.00
per set
1 Person Supplied air w/Egress bottles
$
175.00
per day
SCBA w/1 hr bottle
$
250.00
per da
Air Bottles / Refill
$
30.00
each
CLEANING SUPPLIES
BILLING RATE
Decon Pool
S
58.00
per da
Decon Brushes
$
20.00
each
HEPA Vacuum
S
150.00
per da
HEPA Vacuum replacement filter
S
75.00
each
HEPA Air Scrubber
$
250.00
perclay
HEPA Air Scrubber replacement filter
$
425.00
each
Shop Vac
$
25.00
per da
Shop Vac HEPA re lacment filter
$
100.00
each
Cloth Ras
$
125.00
per box
Abrasive Scrubber
$
35.00
perbox
Hand Scraper
$
15.00
each
Simple Green
$
35.00
per gallon
Acid Neutralizer
$
135.00 1
pergallon
Base Neutralizer
$
135.00
per gallon
Bleach
$
12.00
per gallon
Hudson Sprayer
$
35.00 1
each
PLUG -N -PATCH KITS
Cost Plus 15%
Meals
Plu -N-Patch Kit
55.00 per person/per da
$
$
perday
Plu -N-Dike 10oz
$
$per
container
Plu -N-Dike 1lb
$per
container
Rubber Plus
$
-
each
DRUMS
BILLING RATE
55 Gallon Poly Drum
New T/H
$
150.00
each
55 Gallon Poly Drum
Reconditioned T/H
$
50.00
each
55 Gallon Steel Drum
New T/H
$
125.00
each
55 Gallon Steel Drum
Reconditioned T/H
$
35.00
each
95 Gallon Poly Over pack
$
375.00
each
Su ersacks
1 Cubic Yard
$
75.00
each
Drum Liner 6 Mil.
$
3.00
each
Drum Liner
$
1.50 1
each
CONTRACTED SERVICES DESCRIPTION
Cost Plus 15%
Meals
$
55.00 per person/per da
Summary Report 1- age
$
250.00 each
ADEC Spill Report
$
2,500.00 each
N.W.F.F. Inc. Rate Sheet Terms and Conditions
1) Rates and Terms are subject to periodic review and adjustment.
2) All NWFF and subcontractors employees, and all scheduled equipment, may be charged In accordance with the fee schedule above.
3) The charge for vehicles applies to NWFF, subcontractor, rental, or personally owned vehicles. If mileage is charged in lieu of actual expenses, It will be
charged at the IRS Standard milage rate in effect at that time.
4) Laboratory expenses will be charged at the provider's regular, scheduled rate Including any charges for expedited processing, plus 15%
5) Payment terms are net 30 days from receipt of Invoice In U.S. Dollars. Interest on ovedue payments will be charged 1.5% per month, or maximum
allowed by state specific laws.
6) Overtime will be charged at 1.5 times billable rate for all work for client by any employee (NWFF and subcontractor) for:
a) Employees will be Invoiced to client as a overtime prior to 0800 hrs and after 1700 hrs Monday through Friday.
b) Professional Services Hours over 8 -hours per day, Monday through Friday.
c) All hours worked on Saturday and Sunday will be billed at overtime rates. The work day will begin at 0000 hrs and end at 2400 hrs.
7) All hours worked an National Holidays will be charged at 2.0 time the billable rate for all work for client by any employee (NWFF and subcontractor).
National holidays are outlined as the following:
a) New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day,
Thanksgiving Day and Christmas Day.
8) If local laws or regulations require NWFF to pay their employees differently from their cuff ent practices, the above stated billing practices will be
adjusted to accommodate any modified pay practices.
9) Travel time will be charged at the scheduled rates, Including travel from/to NWFF offices (or employee residence If more practical) to/from the location
of the work and, In connection with an emergency response or other work requiring overnight stay, from/to the employee's local accomodations to/from
the worksite.
10) Standby time will be charged up to 8 -hours per day for any Individual whos presence at the work location is required in staging for operations or In the
event of any suspension of work at the clients discretion.
11) Meals will be billed according to actual charges, plus 15%. Or Rat rate of $55 per day per employee, which ever is less.
12) Lodging will be charged at cost for each billable employee, plus 15%. Accommodations utilized will be rated three stars or higher by AAA.
13) Project and Finance support will be billed on any emergency response project to meet the project need.
14) These rates are not respresentative of EXPERT WITNESS/TESTIMONY