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HomeMy WebLinkAboutCascadia Consulting Grp AG-C-241 ((3,,,,3 AGREEMENT FOR PROFESSIONAL SERVICES AG.C.241 THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a Municipal Corporation in King County, Washington, hereinafter referred to as "CITY" and with Cascadia Consulting Group, a corporation whose addmss is 1109 First Avenue Suite 400, Seattle WA 98101, hereinafter referred to as "CONISUL TANT". In consideration of the covenants and conditions of this Agreement, the parties hereby agree as follows: 1. SCOPE OF WORK. See Exhibit A, attached and by this reference made part of this Agreement. 2. TERM. The CONSULTANT shall not begin any work under this Agreement until authorized in writing by the CITY. All work under this Agreement shall be completed by August 31, 2005. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the CITY in the event of a delay attributable to the CITY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental Agreement issued by the CITY is required to extend the established completion time. 3. COMPENSATION. The CITY agrees to pay the CONSULTANT in accordance with the f,ee schedule outlined in Exhibit B for work performed under this Agreement. Exhibit B is attached hereto and by reference made a part of this Agreement. The compensation to be paid to the CONSULTANT shall not exceed $1000.00 for the year 2004. CompE!nsation to be paid to the CONSULTANT for authorized work in succeeding years will be --------------------------------------------- Agreement for Professional Services AG-C-241 September 14. 2004 Page 1 of 10 - ,..-~,.. -_.__.~----------_._...._---,- II ._. perform its services to conform to generally accepted professional engineering standards and the requirements of the CITY. Any approval by the CITY under this Agreement shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of its services. Except as otherwise provided herein, neither the CITY'S review, approval or acceptance of, nor payment for, any of the services shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement to the full extent of the law. 5. INDEMNIFICA TION/HOLD HARMLESS. The CONSULTANT shall indemnify and hold the CITY and its officers and employees harmless from and shall process and defend at its own eXpenSE! all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require the CONSULTANT to indemnify the CITY against and hold harmless the CITY from claims, demands or suits based solely upon the conduct of the CITY, their agents, officers and employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees and (b) the CITY, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence, (2) the costs to the CITY of defending such claims and suits, etc. shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The provisions of this section shall survive the expiration or termination of this Agreement. ------------------.-------------------------- Agreement for Professional Services AG-C-241 September 14, 2004 Page 3 of 10 - ....--------," II CITY, its officials, employees or agents shall be excess to the CONSULTANT'S insurance and shall not contribute with it. Each insurance policy required by this section of the Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except when thirty (30) days prior written notice has been given to the CITY by certified mail return receipt requested. All insurance shall be obtained from an insurance company authorized to do business in the StatE! of Washington. The CONSULTANT agrees to provide copies of the certificatEis of insurance to the CITY specifying the coverage required by this section within 14 days of the execution of this Agreement. The CITY reserves the right to require thalt complete, certified copies of all required insurance policies be submitted to the CITY at any time. The CITY will pay no progress payments under Section 3 until the CONSUl.TANT has fully complied with this section. 8. NONDISCRIMINATION. The CONSULTANT may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of any sensory, mental or physical handicap. 9. OWNERSHIP OF RECORDS AND DOCUMENTS. The CONSULTANT agrees that any and all drawings, computer discs, documents, records, books, specifications, reports, estimates, summaries and such other information and materials as the CONSULTANT may have accumulated, prepared or obtained as part of providing services under the terms of this A!Jreement by the CONSUL T ANT, shall belong to and shall remain the property of the CITY OF AUBURN. In addition, the CONSULTANT agrees to maintain all books and records relating to its operation and concerning this Agreement for a period of six (6) years --------------------------------------------- Agreement for Professional Services AG-C-241 September 14, 2004 Page 5 of 10 - --~--- I "-'--_.'--~ (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an 19xplanation to this proposal. 11. TERMINATION OF AGREEMENT. This Agreement may be terminated by either party upon twenty (20) days written notice to the other party, and based upon any cause. In the event of termination due to the fault of other(s) than the CONSULTANT, the CONSULTANT shall be paid by the CITY for services performed to the date of termination, Upon receipt of a termination notice under the above paragraph, the CONSULTANT shall (1) promptly discontinue all services affected as directl9d by the written notice, and (2) deliver to the CITY all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as the CONSULTANT may have accumulated, prepared or obtained in performing this Agreement, whether completed or in process. 12. GENERAL PROVISIONS. 12.1. This Agreement shall be governed by the laws, regulations and ordinances of the City of Auburn, the State of Washington, King County, and where applicable, Federal laws. 12.2. All claims, disputes and other matters in question arising out of, or relating to, this Agreement or the breach hereof, except with respect to claims which have been waived, will be decided by a court of competent jurisdiction in King County, Washington. --------------------------------------------- Agreement for Professional Services AG-C-241 September 14, 2004 Page 7 of 10 - -------~----,- II ......"' -:? - Date L~:I'~ ATTEST: ~Z~ --- Danielle E. Daskam, City Clerk PAM- D. ~V(. f(4- 'I CASCADIA CONSULTING GROUP. BY: Marc Daudon Title: Principal Federal Tax 10 # H;\CONSUL TANTSIAGREEMENTS\2004IAGC241 AGREEMENT.DOC --------~._---------------------------------- Agreement for Professional Services AG-C-241 September 14, 2004 Page 10 of 10 - I EXHIBIT A SCOPE OF WORK Cascadia Consulting Group agrees to perform the following services: Task I - Initial Meetin~. Tarl!et 200 - 300 business. Create a scri9t Attend one meeting with Auburn Solid Waste Staff to discuss the promotional strat1egy to reach businesses about Auburn's "no charge" recycling. Determine 200 - 300 target businesses. Call Waste Management to inform them ofproject, request assistance in getting feedback. Deliverables.' Synopsis of best choice campaign to launch to the Commercial Sector audience. list of businesses andfeedback established with Waste Management. Script will be created. Task 2 - Script for callinl! businesses and a database to track calls and outcomes. Deliverable: Script and database developed. Task 3 - Call Tarl!eted businesses Call the targeted businesses to encourage their participation in recycling. Deliverable: 200 - 300 businesses called. Task 4 - Evaluation Evaluation and Recommendations. Deliverable: Written Evaluation and delivery of project and recommendations. Page 1 of 1 - . _.... ..-~-------...-..- --~------I---- EXHIBIT C DIRECT NON-SALARY REIMBURSABLE EXPENSES . Reproduction Fees . Communication Fees . Mileage at $0.375/mile or the current approved IRS rate. It is understood that all reimbursements are at cost and will be marked-up 10%. Subcontracts: The CONSULTANT, at the CITY'S request shall enter into subcontracts with other consultants, such as appraisers and/or environmental consultants, etc. If approved, the CITY shall reimburse the CONSUL T ANT for the actual cost of the subcontracts plus a 10% markup to cover the CONSULTANT'S additional overhead expense associated with the Subcontract. Page 1 of 1 - - -----~--~-~----_._-_._-- II "---.-- - SAMPLE INVOICE City of Auburn Invoice # 4 25 West Main Progress Payment #: 2 Auburn WA 98001 Invoice Date: February 10, 2004 Attn: Sharon Hlavka (Solid Waste Supervisor) Project Name: Commercial Recycling Agency Agreement #: AG-C-115 Project #: PR562 Consuiting Services performed during the period of: January 2004 SAMPLE ENGINEERING, INC. Personnel Hours Hourlv Rate Amount Mike Jones, Principal in Charge 1 $125.00 $125.00 Carla Maker, Architect 5 $ 72.00 $144.00 Joe Smith. Word Processinq 10 $ 48.00 $480.00 Consultant Personnei Sub Total: $749.00 Exoenses (see attached documentation) Charqes Multiolier Total Mileage ($0.345/mile): 20 miles x 1.1 $ 7.59 Communications: $30.00 x 1.1 $33.00 Printing: $29.00 x 1.1 $31.90 Consultant Expenses Sub Total: $72.49 Consultant Total.' $821.49 '_"_"_"_'"_"_"_"_"_h_,'_,,_"_"_n_.._.._n_.._n_"_"_'__"_U____h_"_"_h_h_.'_"_h_,'_n_.._n_.._n_.._.._.._.._.._.._.._.._u_.._.._h_......_.._.._h_.._.._.._.._n TOTAL DUE THIS INVOICE $821.49 ,_,'_.._.._.._n_"_.._.._u_n_n_n_.._.._u_u_u_."_.._.._"_n_h_.._n_n_.._.._.._.._n_.._.._n_.._n_.'_n_.._.._.._"_"_n_.._n_n_.._.._n_.._n.m_.._u_u_..__,_.._.._.. CONTRACT BREAKDOWN Amount Prior This Total Invoiced % % Amount Task Authorized Invoiced Invoice To Date Expended Completed Remaining Original .<::().nJ~"c:L $2?,()()() ()().. 11,025&0. ...___!?!E>1l1.:49...1~,Z9.E>.,.4:~.__ ..__?gO!~??%........... $111!?~.~.,.51__.. MRF* $2,500.00 $0.00 $1,000.00 $1,000.00 40% 45% $1,500.00 TOTAL $24,500.00 $1,025.00 $3,681.49 $4,706.49 $19,793.51 Note: MRF=Management Reserve Fund . Received a written authorization of MRF on 1/10/01 for Mechanical Engineer task in the amount of $2,000.00. - 'w. .. '-T1'-'~ , AMENDMENT #1 TO AGREEMENT NO. AG-C-241 BETWEEN THE CITY OF AUBURN AND CASCADIA CONSULTING GROUP RELATING TO THE BUSINESS RECYCLING PROGRAM THIS AMENDMENT is made and entered into this I~day of ~:z/ ' 2005, by and between the CITY OF AUBURN, a municipal corporation f the State of Washington (hereinafter referred to as the "CITY"), and Cascadia Consultin!g Group (hereinafter referred to as the "CONSUL TANT"), as an Amendment to the Agreement between the parties for AG-C-241 executed on the 4th day of October, 2004. The changes to the agreement are described as follows: 1. CONTRACT TERM: There is no change to the date of termination. 2. SCOPE OF WORK: The scope of work is amended to include Scope of Work for Part 2: Increasing Auburn Commercial Recycling, Tasks 1 and 2, which is attached hereto and by this reference made part of this Amendment. 3. COMPENSATION: The amount of this amendment is $8,500, The total contract amount is increased to a total of $13,500. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-241 executed on the 4th day of October, 2004, shall remain unchanged, and in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this AgreemEmt as of the day and year first above written. CASCADIA CONSULTING GROUP CITY OF AUBURN By: CJ....A.r ~~~ Charles Scott, Vice President r PeterS. wis, Mayor ------------------------------------------------------- Amendment NO.1 for Agreement No. AG-C-241 Cascadia Consulting Group Page 1 of 2 --.-.---------------.. -----r--- .. ATTEST (Optional): ATTEST: By: /J~~k Its: Danielle E. Daskam, Auburn City Clerk Approved as to form (Optional): Attorney for (Other Party) -----------------~_._--------------------------------------._--- Amendment No.1 for Agreement No. AG-C-241 Cascadia Consulting Group Page 2 of 2 --'- ,- -------........---..--- ...____.______________...n -. , . SCOPE OF WORK FOR PART 2: INCREASING AUBURN COMMERCIAL RECYCLING Scope of Work In Part 1 of the scope of work, businesses in Auburn with 3-yard garbage containers and larger were called, informed about the "AII-in-One" recycling program, and encouraged to participate. The scope of work for Part 2 consists of two tasks: Task 1: Call Remaining Businesses Task 2: Call Multifamily Complexes Task 1: Call Remaining Businesses The consultant will place follow-up calls to the remainder of businesses in Auburn who have received information about the "AII-in-One" recycling program and who have garbage service belween the 32- gallon and 2.yard container size. From the most current business list, a total of 581 businesses have 32-gallon to 2-yard garbage containers. Of this number, some will be duplicates, some will have wrong numbers, and some will already have recycling service; therefore, the ultimate number of businesses to call will be less than 581. For purposes of the scope of work, the estimatE!d cost is based on placing 500 calls. Activities will include the following: . Update the business list, including removing duplicates and comparing to the already- called Ii st . Make calls to target businesses - up to 2 tries per business, and leaving a message the second time . Look up wrong numbers, and try these businesses again . Track the responses in a database (already developed) . Write a 1-2 page summary, including an Excel spreadsheet detailing the responses and recommendations Timeline: Activity Time Periodl DUE! Date Update list of businesses with 32-gallon to 2-yard garbage containers, Apr 4, 2005 approximately 500 businesses Call 500 targeted businesses to encourage their participation in Apr 5-May 27, recycling, look up wrong numbers, and track results in database 2005 Write summary with recommendations Jun 3,2005 Task 2: Call Multifamily Complexes The consultant will place approximately 130 follow-up calls to the multifamily complexes in Auburn who have received information about the "AII-in-One" recycling program. Up to two calls will be placed: Once in April to all complexes, and then later as a reminder to those who have not signed up for recycling service. The timeline and cost estimate take into account wrong phone nurnbers and the fact that property managers are typically difficult to reach during the normal business day and may need to be called after hours. Activities will include the following: . Write a questionnaire script, basing it on the existing business script --------------------------------------------------------- Exhibit A - Scope of Work Amendment NO.1 for Agreement No. AG-C-241 Cascadia Consulting Group Page 1 of2 "..-. _. --- ---.. _..-_._-,.~._-- -.---,------ . Make calls to targeted multifamily complexes - 2 tries per property managel', once during the day and once in the evening, leaving messages both times . Look up wrong numbers, and try these complexes again . Track the responses in the multifamily database . Obtain an updated recycling list from Waste Management . Make a second reminder call in June to multifamily property managers who still have not signed up . Write a 1-2 page summary, including an Excel spreadsheet detailing the responses and recommendations Timeline: Activity Time PI~riodl Due Date Modify questionnaire and tracking database April 8, 2005 Call up to 130 property managers to encourage their participation in Apr n-May 6. 2005 recycling, look up wrong numbers, and track results in database Make second reminder call and track results in database June 13-24, 2005 Write summary with recommendations June 30, 2005 Cost Estimate The table below outlines our cost estimate to conduct the above tasks. Expenses include mileage, long-distance phone calls, and photocopying. The total is $9,150. Auburn Commercial Outreach G. M. s. Educ Vernon Shoaf Evans SpeCialist labor : f" . . . $85 $55 $45 $40 Task 1: Call Remaining Businesses $5,965 Update business list 4 $220 $220 Call 500 businesses 50 50 $5,000 $50 $5,050 Write summary report 3 8 $695 $695 Task 2: Call Multifamily Complexes $3,185 Modify quesUonnalre & database 2 6 $500 $500 Call 130 complexes & record in database 12 14 $1,220 $25 $1,245 Make second calls 18 $720 $25 $745 Write summary report Totalsl 3 8 $695 $695 8 88 50 32 $9,050 $100 $9.150 ----------------------------------------------------------- Exhibit A - Scope of Work Amendment No.1 for Agreement No. AG-C-241 Cascadia Consulting Group Page 2 of 2 - -- _. ____n__"_._.______..______.___ ~ A..~. I Co. 9 AMENDMENT #2 TO AGREEMENT NO. AG-C-241 BETWEEN THE CITY OF AUBURN AND CASCADIA CONSUL TING GROUP RELATING TO THE BUSINESS RECYCLING PROGRAM . ~ ~ THIS AMENDMENT is made and entered into this ~ day of ' , 200 :5 , by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and Cascadia Consulting Group (hereinafter referred to as the "CONSULT ANT"), as an Amendment to the Agreement between the parties for AG-C-241 executed on the 4th day of October, 2004, and amended by agreement dated the 15th day of April, 2005. The changes to the agreement are described as follows: 1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to December 31,2005. 2. SCOPE OF WORK: The scope of work is amended to include the following tasks: See attached Scope of Work. 3. COMPENSATION: The amount of this amendment is $5,500.00. The total contract amount is increased to a total of $19,000.00. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-241 executed on the 4th day of October, 2004, shall remain unchanged and in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. CASCADIA CONSULTING GROUP CITY OF AUBURN ~ -.. By: 0~ ~-~ ::. Charles Scott, Vice President Peter B. Lewis, Mayor ------------------------------------------------------------ Amendment NO.2 for Agreement No. AG-C-241 Cascadia Consulting Group Page 1 of 2 _.._._~.- --' --.--.- I ATTEST (Optional): ATTEST: By: ~~ Its: Danielle E. Daskam, Auburn City Clerk Approved as to form (Optional): Attorney for (Other Party) ---------------------------------------------------------------- Amendment No.2 for Agreement No. AG-C-241 Cascadia Consulting Group Page 2 of 2 -<.~...'... -..--- AUBURN COMMERCIAL OUTREACH SCOPE OF WORK & BUDGET PHASE 3 - ON-SITE VISITS '1'0 AUBURN BUSINESSES Scope of Work . . In Phase 1 of the scope of work, businesses in Auburn with 3'-yard garbage containers and larger were called, informed about th,~ "All-in- ane" recycling program, and encouraged to participate. In Phase 2, multifamily complexes were called, informed about the recycling program, and encouraged to participate. For Phase 3, the scope of work will be to conduct on-site visits to businesses that have not yet signed up for recycling service and encourage them to sign up. Many of these businesses may have already had contact during the Phase 1 telephone survey. For Phase 3, the consultant will conduct a total of 70 on-site visits to businesses between September and December 2005 that still have not signed up for recycling service. Specifically, the consultant will invite them to order service and answer their questions and concerns about recycling specific materials. An on-site visit will give the business an opportunity to ask questions about what they can recycle, and will give the consultant an opportunity to offer recommendations based on the business' situation. Because businesses may be spread throughout the city, the consultant will attempt to arrange visits by geographic area in order to minimize travel time. Activities will include the following: 1. Determine businesses to visit . Obtain an updated list from Waste Management of businesses and identify which businesses are not currently signed up for recycling service. . Determine, in accordance with the client, 70 businesses to visit. 2. Conduct site visits . Conduct unannounced visits to the 70 businesses to encourage them to sign up for recycling, answer their questions, and provide appropriate written outreach materials. . Record businesses visited in a database, including their intent to sign up for recycling. . Provide a list of new sign-ups once a week to the client. 3. Write summary report . Write a 1-2 page summary with recommendations. Include an Excel spreadsheet that documents which businesses were contacted, what resulted from the visit, and any future follow-up that is needed. Auburn Commercial Outreach I Cascadia Consulting Group, Inc. Scope of Work Phase 3 30 August 2005 ..."..------ _."..~"_._-.._".__..,....- I 4. Communicate with client and manage project . Meet with client to wrap up project and determine any next steps. . Communicate with client throughout the project via phone or email. . Provide monthly invoices. Auburn Commercial Outreach 2 Cascadia Consulting Group, Inc. Scope of Work Phase 3 30 August 2005 _.._~.- -_.._-~._- Timeline Activity Time Period/ Due Date Determine businesses to visit Sep 12, 2005 Conduct 70 on-site visits Sep 12-Dec. . 9, 2005 Write summary report Dec 16, 2005 . Meet with client to wrap up project and determine any Dec 23, 2005 next steps Project management Sep 1-Dec 31, 2005 Cost Estimate The table below outlines our cost estimate to conduct the above activities. Expenses include mileage, long-distance phone calls, and photocopying. The total is $5,500. Determine businesses to visit 2 8 $610 $610 Conduct 70 on-site visits 28 28 $2,800 $230 $3,030 Write summary report 2 8 4 $790 $790 8 4 2 $1,040 $30 $1,070 Totals 12 48 32 2 $5,240 $260 $5,500 Auburn Commercial Outreach 3 Cascadia Consulting Group, Inc. Scope of Work Phase 3 30 August 2005 _..,~.."._... - ...,~_._-"-----,.__.__.._.--"._-_._----------~.,. -------....-.--.........----