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HomeMy WebLinkAboutPacific Rim Environmental Inc/Notice to Proceed AG-C-397 closed 2/23/2012 AGREEMENT FOR PROFESSIONAL SERVICES AG-C-397 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 PACIFIC RIM ENVIRONMENTAL, INC. whose address is 6510 Southcenter Boulevard, Suite 4, Tukwila, WA 98188-2549, hereinafter referred to as "CONSULTANT." In consideration of the covenants and conditions'of this Agreement, the parties hereby agree as follows: 1. SCOPE OF WORK. See the "Proposal for Professional Consulting Services" letter, which is attached as Exhibit "A" hereto and by this reference made a 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 December 31, 2010 and can be amended by both parties for succeeding years. 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. Agreement for Professional Services AG-C-397 September 2010 Page 1 of 12 3. COMPENSATION. The total compensation for this Agreement shall not exceed $7,120.00. Compensation shall consist of both a lump sum payment of $4,250.00, which shall be due to the CONSULTANT upon completion of the Regulated Building Survey, Scope of Work and Project Specifications, and Project Close-Out Manuals, as identified in Exhibit "A", and a time and material basis, not to exceed $2,870.00, which shall be due to the CONSULTANT upon completion of the non-lump sum tasks identified in Exhibit "A." In the event services are required beyond those specified in the Scope of Work, and not included in the compensation listed in this Agreement, a contract modification shall be negotiated and approved by the CITY prior to any effort being expended on such services. 4. SUBCONTRACTING. The CITY permits subcontracts for those items of work necessary for the completion of the project. The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT without prior written permission of the CITY. No permission for subcontracting shall create, between the CITY and subcontractor, any contractor or any other relationship. Compensation for any subconsultant work is included in Section 3 of this Agreement and all reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the subconsultant shall be substantiated in the same manner as outlined in Section 3. All subcontracts exceeding $10,000 in cost shall contain all applicable provisions of this AGREEMENT. 5. RESPONSIBILITY OF CONSULTANT. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all studies, analysis, designs, Agreement for Professional Services AG-C-397 September 2010 Page 2 of 12 drawings, specifications, reports and other services performed by the CONSULTANT under this Agreement. The CONSULTANT shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in its plans, designs, drawings, specifications, reports and other services required. The CONSULTANT shall perform its services to conform to generally-accepted professional engineering 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. 6. INDEMNIFICATION/HOLD HARMLESS. The CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, volunteers, and employees harmless from any and all claims, injuries, damages, losses, or suits, including attorney fees, arising out of or resulting from the acts, errors or omissions of the CONSULTANT in performance of this Agreement, except for injuries or damages caused by the sole negligence of the CITY. 7. INDEPENDENT CONTRACTOR/ASSIGNMENT. The parties agree and understand that the CONSULTANT is an independent contractor and not the agent or employee of the CITY and that no liability shall attach to the CITY by reason of entering into this Agreement except as otherwise provided herein. The parties agree that this Agreement may not be assigned in whole or in part without the written consent of the CITY. Agreement for Professional Services AG-C-397 September 2010 Page 3 of 12 i . ' 8. INSURANCE. CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise I from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. CONSULTANT'S maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. CONSULTANT shall obtain insurance of the types and in the amounts described below: a. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles, with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 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. b. 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, with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. The CITY shall be named as an insured under the CONSULTANT'S Commercial General Liability insurance policy with respect to the work Agreement for Professional Services AG-C-397 September 2010 Page 4 of 12 performed for the CITY using the applicable ISO Additional Insured endorsement or equivalent. c. Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington. If the consultant is a sole proprietor, the parties agree that Industrial Insurance would be required if the CONSULTANT had employees. However, the parties agree that a CONSULTANT who has no employees would not be required to have Worker's Compensation coverage. d. Professional Liability insurance appropriate to the CONSULTANT'S profession, with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance: a. 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. b. 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 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. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A-:VII. Agreement for Professional Services AG-C-397 September 2010 Page 5 of 12 i I i The CONSULTANT shall furnish the City with certificates of insurance and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance coverage required by this section, before commencement of the work. The CITY reserves the right to require that 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 CONSULTANT has fully complied with this section. 9. 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. 10. 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 Agreement by the CONSULTANT, 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 following the date that this Agreement is expired or otherwise terminated. The CONSULTANT further agrees that the CITY may inspect any and all documents held by the CONSULTANT and relating to this Agreement upon good cause at any reasonable time within the six (6) year period. The CONSULTANT also agrees to provide to the CITY, at the CITY'S request, the originals of all drawings, documents, and items Agreement for Professional Services AG-C-397 September 2010 Page 6 of 12 specified in this Section and information compiled in providing services to the CITY under the terms of this Agreement. 11. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph "(b)" of this certification; and (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 explanation to this proposal. Agreement for Professional Services AG-C-397 September 2010 Page 7 of 12 12. 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 directed 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. 13. GENERAL PROVISIONS. 13.1. 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. 13.2. 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. Pending final decision of a dispute hereunder, the CONSULTANT-and the CITY shall proceed diligently with the performance of the services and obligations herein. 13.3. In the event that any dispute or conflict arises between the parties while this Agreement is in effect, the CONSULTANT agrees that, notwithstanding such dispute or conflict, the CONSULTANT shall continue to make a good faith effort to Agreement for Professional Services AG-C-397 September 2010 Page 8 of 12 cooperate and continue work toward successful completion of assigned duties and responsibilities. 13.4. The CITY and the CONSULTANT respectively bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement with respect to all covenants to this Agreement. 13.5. This Agreement represents the entire and integrated Agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or agreements either oral or written. This Agreement may be amended only by written instrument signed by both the CITY and the CONSULTANT. 13.6. Should it become necessary to enforce any term or obligation of this Agreement, then all costs of enforcement including reasonable attorneys fees and expenses and court costs shall be paid to the substantially prevailing party. 13.7. The CONSULTANT agrees to comply with all local, state and federal laws applicable to its performance as of the date of this Agreement. 13.8. If any provision of this Agreement is invalid or unenforceable, the remaining provisions shall remain in force and effect. 13.9. This Agreement shall be administered by Todd Carter on behalf of the CONSULTANT, and by the Mayor of the CITY, or designee, on behalf of the CITY. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: City of Auburn Pacific Rim Environmental, Inc. Attn: Jacob Sweeting Attn: Todd Carter 25 W Main Street 6510 Southcenter Blvd, Suite 4 Auburn WA 98001 Tukwila, WA 98188-2549 Phone: 253.804.5059 Phone: 206-244-8965 Fax: 253. 931-3053 Fax: 206-244-9096 E-mail: jweeting@auburnwa.gov E-mail: tcarter@pacrimenv.com Agreement for Professional Services AG-C-397 September 2010 Page 9 of 12 13. 10. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be delivered in person or deposited in the United States mail, postage prepaid. Any such delivery shall be deemed to have been duly given if mailed by certified mail, return receipt requested, and addressed to the address for the party set forth in 13.9 or if to such other person designated by a party to receive such notice. It is provided, however, that mailing such notices or communications by certified mail, return receipt requested is an option, not a requirement, unless specifically demanded or otherwise agreed. Any party may change his, her, or its address by giving notice in writing, stating his, her, or its new address, to any other party, all pursuant to the procedure set forth in this section of the Agreement. 13.11. This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. Agreement for Professional Services AG-C-397 September 2010 Page 10 of 12 CIT UBU .1 Peter B. Lewis, Mayor Date OCT - 7 2010 ATTEST: Danielle E. Daskam, City Clerk APP ED A TO FORM: D iel B. Hei At e PACIFIC RI-MENVIRONMENTAL, INC. BY: Title: fi~Sn Federal Tax ID # 1 I~ CD ) Z: 1 Agreement for Professional Services AG-C-397 September 2010 Page 11 of 12 P PACIFIC RIM ENVIRONMENTAL, INC. RE SEATTLE %vww. pacri menv.com ANCHORAGE Exhibit A September 22, 2010 Jacob C. Sweeting Project Engineer Phone: 253-804-5059 City of Auburn 25 West Main Street Auburn, WA 98001 RE: Regulated Building Material Survey - Vacant Residential Property 600 M Street, SE, Auburn WA Dear Jacob, Pacific Rim Environmental, Inc. (PacRim) is pleased to submit this proposal for professional consulting services at the above referenced site located in Auburn, WA. The approximately one acre site is occupied by a main residence, smaller cottage, large barn and several smaller outbuildings. Based on the age of the buildings, it is possible for lead-based paint to be present on the interior and/or exterior of the structures. We have included the cost of lead screen in the cost estimate. PacRim will provide all equipment, materials and labor to complete the regulated building material inspection, sample collection and analysis according to the following Scope of Services. Scope of Services Provide AHERA accredited building inspector to perform an inspection of the subject structure in accordance with 40 CFR 763.86, Washington Administrative Code (WAC) 296-62-07721, and current PSCAA regulations as required for building demolition. Provide WA State DOC (Department of Commerce) certified lead inspector to perform lead screening using Niton XRF. Asbestos-Containing Materials (ACM) 1. Bulk sampling of suspect ACM. 2. Analysis of suspect ACM by a NVLAP accredited laboratory. 3. Quantity estimates of ACM. 4. Written report including recommendations based on the technician's observations, abatement (removal) cost estimates, sample descriptions, and sample locations. 5. Statement of Compliance with W.A.C. 296-62-07721 Sign-Off Form. Lead-Based Paints (LBP) 1. Perform limited screening of suspect lead-based paints both interior and exterior, utilizing a Niton XRF portable sampling device. 2. Prepare final report including: Sample descriptions, locations, analytical results and recommendations. PacRim Proposal 09222010-015 Page 1 Corporate Office Anchorage Office 6510 Sonthcenter Blvd., Ste. 41 Pllone (907) 569-8081 Seattle, Wk 98188 rnvtiv.pacrimenv.com Phone: (206) 244-8965 Fax: (206) 244-9096 Universal Waste Inventory 1. Visual inspection of fluorescent light and other fixtures. 2. Inventory of PCB light tubes, ballasts and mercury switches. 3. Non-building components i.e. drums and containers will not be part of PacRim scope. Scope of Services Regulated Building Material Survey $ 2,500.00 Scope of Work and Project Specification Lump Sum $ 1,500.00 On-site Air Sampling Professional 5 shifts @ $520.00 per shift $ 2,600.00 Project Manager 2 hours @ $85.00 per hour $ 170.00 Air Samples 10 @ $10.00 Ea. $ 100.00 Project close out Manuals Lump Sum $ 250.00 Total Estimated Fee* $ 7,120.00 * Fee estimate is based on 5 shifts to complete project. Actual schedule will be determined by contractor and scope of work developed from regulated building material survey performed by PacRim. Insurance Pacific Rim Environmental, Inc. maintains general and professional liability insurance in the amount of $2,000,000.00 each. Certificates naming City of Auburn as additionally insured will be delivered upon request. Terms Net 30 days subject to PRE Standard Terms and Conditions. If you have any questions regarding the above fee proposal, please contact our office at 206-244-8965. Sincerely Proposal Accepted: Signature: Todd P. Carte, Operations Manager Date: Pacific Rim Environmental PacRim Proposal 09222010-015 Page 2 CONSULTANT INVOICES CONSULTANT invoices should contain the following information: • On CONSULTANT letterhead. • A cover letter stating the status of each task. This should include items completed, percent completed during the billing period and completion along with funding status. • Internal invoice number and/or sequential numeric number (i.e.: progress payment # 10). • Invoice date. • Period of time invoice covers. • Consultant Agreement # (i.e.: AG-C-115). • Project number(s) listed (i.e.: PR562). • CITY'S project manager listed. • The hour(s) per person broken down by task(s) (attach timesheets, spreadsheet detailing timesheets, or some other form of proof) along with type of work done (i.e.: design, right-of-way, or construction) or task order number. • Direct salary (base salaries) • Indirect salary (benefits) • Direct non-salary (i.e.: mileage, reproduction fees (i.e.: printing, copying), communication fees (i.e.: telephone), supplies, computer charges, subconsultants), indirect non-salary (overhead). The CITY does not pay for CONSULTANT meals unless part of a task requires travel outside of the greater Seattle, Tacoma, and Everett area. These costs are to be broken down and backup information is to be attached to invoice. Project managers are to inform CONSULTANTS as to what is required for break down information and if backup information is to be attached. Break out the same for subconsultant charges. • Previous and remaining base contract amounts left in each task and total contract - total authorized amount (bottom line figure). Add amendments to this base contract amount for total authorized amount. • Percentage of work completed to date compared to total amount of work (if required by the project manager). • Status of Management Reserve Fund (MRF) (i.e.: a certain task) until we can get an amendment in place. • Invoices for previous year are due by January 151H • For grant/special funded projects there might be other special information needed, reference the LAG manual. Consultant Invoices Agreement No. AG-C-397 Page 1 of 2 V . SAMPLE INVOICE City of Auburn Invoice 5222 25 West Main Progress Payment 2 Auburn WA 98001 Invoice Date: February 10, 2002 Attn: Scott Nutter (Project Engineer) Project Name: Thomas Nelson Farm Agency Agreement AG-C-010 Project PR562 Engineering Services performed during the period of: January 2002 SAMPLE ENGINEERING, INC. Personnel Hours Hour Rate Amount Mike Jones, Principal in Charge 1 $ 125.00 $ 125.00 Carla Maker, Architect 5 $ 72.00 $ 144.00 Joe Smith, Word Processing 10 $ 48.00 $ 480.00 Consultant Personnel Subtotal $ 749.00 Expenses see attached documentation Char es Multiplier Amount Mike Jones, Principal in Charge 20 miles x1.1 $ 7.59 Carla Maker, Architect $ 30.00 x1.1 $ 33.00 Joe Smith, Word Processing $ 29.00 x1.1 $ 31.90 Consultant Expenses Subtotal $ 72.49 Consultant Total: $ 821.49 SUB CONSULTANTS (see attached documentation) Subconsultant Hours Hourly Rate Amount ABC Environmental, Inc., Civil Engineer 10 $ 100.00 $ 1,000.00 Electrical Consulting, Electrical Engineer 5 $ 100.00 500.00 Mechanical Solutions, Mechanical Engineer 10 $ 100.00 MRF 1,000.00 Moving Company, Moving Consultant 2 $ 50.00 100.00 Subconsultant Subtotal $ 2,600.00 Subtotal x 1.1 Multiplier $ 2,860.00 Subconsultant Total: $ 2,860,00 TOTAL DUE THIS INVOICE $ 3'681.49 CONTRACT BREAKDOWN Amount Total Invoiced % % Amount Task Authorized Prior Invoiced This Invoice To Date Expended Completed Remaining Original Contract $ 22,000.00 $ 1,025.00 $ 2,681.49 $ 3,706.49 20% 25% $ 18,293.51 MRF* 2,500.00 0.00 1,000.00 1,0000.00 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. Consultant Invoices Agreement No. AG-C-397 Page 2 of 2 CITY OF * * ADBURN Pe ter B. Lewis, Mayor WASHINGTTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000 CI I Y Or AucsUi N Gl~ ft' rnron (~~~(nE October 14, 2010 OCT ] 4 2010 Todd Carter Pacific Rim Environmental, Inc. 6510 Southcenter Boulevard Tukwila, WA 98188-2549 RE: Agreement No. AG-C-397 Regulated Building Survey Notice to Proceed Dear Mr. Carter: We recently received the certificate(s) of insurance evidencing your insurance coverage as required per Section 8. This letter serves as your Notice to Proceed. For the City's tracking and record keeping purposes, please reference AG-C-397 on all correspondence and related material. As the project manager, I am the designated contact for this agreement and all amendments. Questions, assignments and coordination shall be routed through me. You can contact me at 253-804-5059. Sincerely Jacob Sweeting, P.E. Project Engineer Public Works Department JS/ja/jr cc: Dani Daskam, City Clerk Jacob Sweeting, Project Engineer AG-C-397 AUBURN *MOPE THAN YOU IMAGINED J - J AMENDMENT #1 TO AGREEMENT NO. AG-C7,397 BETWEEN THE CITY OF AUBURN AND PACIFIC RIM ENVIRONMENTAL RELATING TO PROJECT NO. C261 Al M STREET GRADE SEPARATION THIS AMENDMENT is made and entered into this day, of✓ , 2010, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the `"CITY"), and pacific Rim Environmental (hereinafter referred to as the "CONSULTANT'); as an Amendment to the Agreement between the parties for AG-C-397 executed on the 7th day of October, 2010; The changes to the agreement are described as follows: 1. CONTRACT TERM: The term of the Agreement fro Professional Services is extended to December 31, 2011 2. SCOPE OF WORK: There is no change in the scope of work. > 3. COMPENSATION: There is no change to the amount authorized in the original agreement. REMAINING TERMS UNCHANGED: That all other provisions of-the Agreement between the parties for AG-C7397 executed on the 7th day of October, 2010 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. PACIFIC RIM NVIRONMENTAL-~__- Ty - By: Aut orize re Pe &r B. b4vis, Mayor ATTEST (Optional): ATTEST: By: Its: Danielle E. Daskam, Auburn City Clerk Approved as to form (Optional): Appro d'as t Attorney for (Other Party) Daniel B. Heid, Auburn City Aft `F Amendment No. 1 for Agreement No. AG-C-397 _ Pacific Rim Environmental Page 1 of 1 { AMENDMENT #2 TO AGREEMENT NO. AG-C-397 BETWEEN THE CITY OF AUBURN AND PACIFIC RIM ENVIRONMENTAL RELATING TO PROJECT NO. C201A, M STREET GRADE SEPARATION ,7- I THIS AMENDMENT is made and entered into this4 4t,\ day of f' , 2011, by and between the CITY OF AUBURN, a municipal corporation of the State of ashington (hereinafter referred to as the "CITY'), and Pacific Rim Environmental (hereinafter referred to as the "CONSULTANT'), as an Amendment to the Agreement between the parties for AG-C-397 executed on the 7th day of October, 2010 and amended by agreement dated the 16`h day of December 2010. The changes to the agreement are described as follows: 1. CONTRACT TERM: No changes to the agreement term. 2. SCOPE OF WORK: The scope of work is amended with the "Proposal for Professional Consulting Services" letter, which is attached as Exhibit "A" hereto and by this reference made a part of this Agreement. 3. COMPENSATION: The amount of this amendment is $23,315.00. The total contract amount is increased to $30,435.00. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-397 executed on the 71h day of October, 2010, except as expressly modified by Amendment No. 1 executed on December 16, 2010, 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. PACIFIC RI VI NMENTAL I OF AUB B A ori~ g at a Peter B. Lewis, Mayor ATTEST (Optional): ATTEST: By: Its: Danielle E. Daskam, Auburn City Clerk Approved as to form (Optional): Ap o ed s t rm: Attorney for (Other Party) iel , Auburn City orney Amendment No. 1 for Agreement No. AG-C-397 Pacific Rim Environmental Page 1 of 1 EXHIBIT A ' ` I't ~.:I t1 . SEN17f LE' wrw~~.pacrin~cnv.com ANC 11.0 RAGE Proposal for Professional Consulting Services April 18, 2011 Jacob C. Sweeting Project Engineer Phone: 253-804-5059 City of Auburn 25 West Main Street Auburn, WA 98001 RE: Scope of Work and Specifications - M Street Project Multiple Sites Dear Ryan, Pacific Rim Environmental (PacRim) is pleased to submit this proposal for Asbestos Consulting Services to facilitate the removal and disposal of regulated building materials prior to the planned demolition of the existing structures at the sites. The nine (9 sites are further described below. PacRim will prepare a scope of work and project specification to address the proper removal of regulated building materials. PacRim will conduct a pre-bid project site walk with pre-qualified asbestos contracting firms for the purpose of obtaining competitive bids for the project. PacRim will provide an experienced project manager on-site during all phases of regulated building material abatement. The project manager will function as the primary point of contact between contractor and owner; provide quality control, conflict resolution and visual inspections of the work area during abatement. The project manager will- perform visual clearance inspections and clearance air sampling of each completed work area to ensure all regulated building materials Identified have been properly removed. It is our understanding that the owner wishes to complete the abatement and demolition at the sites in phases. The project specifications and scope of work will be prepared to reflect the owners desired schedule for project completion. Site Description 312 M Street SE 318 M Street SE 324 M Street SE 327 M Street SE 328 M Street SE 401 M Street SE 406 M Street SE 414 M Street SE 418 M Street SE Proposal 0418 2011-01 5 Pape 1 of 2 R;(PY' 7fICiF.f,C Z.'rltil;e - - AtiCtlOi'Ag(7 DffiCC. G] U ti011111rcute.r Blvd., Ste. IM Plume (907) 569-8081 wum,p;tcrhnem'.rout Seattle, WA 98188 i'IuNie: (200) 24.1-8905 Fax: ('?o(i) -.44-9096 EXHIBIT A Scone of Services Scope of Work and Project Specification Lump Sum $ 7,500.00 On-site Air Sampling Professional 30 shifts @ $520.00 per shift $15,600.00 Sr. Project Manager 10 hours @ $85.00 per hour $ 850.00 Air Samples 50 @ $10.00 Ea. $ 500.00 Project close out Manuals Lump Sum $ 1,000.00 Total Estimated Fee $25,450.00 The fee for Project Specifications Includes a pre-bid project meeting and job walk with pre-qualified asbestos abatement contractors, preparation of all addenda as needed, bid evaluation and award recommendation. The City of Auburn will provide current terms and conditions, commonly referred to as the front end and back end bid package documents for Inclusion in the project specification. Fee for Project Management and Air Sampling is an estimate and will be billed according to the number of shifts the contractors need to complete the project. Terms Net 30 days from project completion. Subject to PacRim standard terms and conditions. Insurance Paclfic*Rim Environmental, Inc. maintains General and Professional liability insurance in the amount of $2,000,000.00 each. Certificates naming City of Auburn as additionally insured will be delivered upon request. If you have any questions, please contact our office at (206) 244-8965. I Sincerely, 'Todd .,Carter Operations Manager Pacific Rim Environmental, Inc. Proposal 04182011.015 Page 2 of 2 cJTY OF AUBURN WASHINGTON 4 .t6.9 Peter B. Lewis, Mayor February 23, 2012 25 West Main Street * Auburn WA 98001 -4998 * www.auburnwa.gov * 253 - 931 -3000 Todd Carter Pacific Rim Environmental 6510 Southcenter Boulevard, Suite 4 Tukwila, WA 98188 -2549 RE: Agreement for Professional Services, AG -C -397 Project No. C201A, Regulated Building Survey 600 M Street Dear Mr. Carter: This letter is to inform you that the above- referenced Agreement for Professional Services is being closed at this time. Our records indicate that we processed the final payment for this agreement on August 30, 2011 for invoice #37837 in the amount of $5,890.00. If you feel that this Agreement for Professional Services should not be closed, or if there are any outstanding invoices, please inform me by March 7, 2012. Thank you for your firm's professional services in work related to the C201A, Regulated Building Survey 600 M Street project. If you should have any questions, feel free to give me a call at 253.804.5059. Sincerely, Jacob Sweting Project Engineer, P.E. Department of Public Works JS /ad /hg cc: Dani Daskam, City Clerk AG -C -397 C201A