HomeMy WebLinkAboutPacific Rim Environmental, IncAGREEMENT FOR PROFESSIONAL SERVICES
AG -C-418
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. The work identified by this Agreement is anticipated
to be completed in the year 2012. This Agreement shall terminate on December 31,
2012, and shall be amended by both parties for succeeding years as required to
complete the work.
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-418
MS11,10'.- February 2012
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3. COMPENSATION.
The total compensation for this Agreement shall not exceed $2,030.00.
Compensation shall consist of a lump sum payment of $250.00,: which shall be due to
the CONSULTANT upon completion of Task 4 as identified in Exhibit "A ", and a time
and material basis, not to exceed $1,780.00, which shall be due to the CONSULTANT
upon completion of Tasks 1 through 3, as identified in Exhibit "A."
The compensation to be paid to the CONSULTANT shall not exceed $2,030.00
for the year 2012. Compensation to be paid to the CONSULTANT for authorized work
in succeeding years will be contingent upon availability of funds. The CONSULTANT
will not undertake any work or otherwise financially obligate the CITY in excess of said
not -to- exceed amount without a duly executed Addendum issued by the CITY.
4. SUBCONTRACTING.
The CITY permits subcontracts for those items of work necessary for the
completion of the project. The CONSULTANT shall not. 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 shall contain all applicable provisions of this
AGREEMENT.
Agreement for Professional Services AG -C-418
MS1110 — February 2012
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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,
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
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.
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
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MS1110 — February 2012
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herein. The parties agree that this Agreement may not be assigned in whole or in part
without the written consent of the CITY.
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
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 Tess 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-418
MS1110 — February 2012
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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.
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MS1110 — February 2012
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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-418
MS1110 — February 2012
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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-418
MS1110 — February 2012
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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
cooperate and continue work toward successful completion of assigned duties and
responsibilities.
Agreement for Professional Services AG -C-418
MS1110 — February 2012
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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: Leah Dunsdon Attn: Todd Carter
25 W Main Street 6510 Southcenter Blvd, Ste 4
Auburn WA 98001 Tukwila, WA 98188 -2549
Phone: 253.931.4013 Phone: 206 - 244 -8965
Fax: 253. 931 -3053 Fax: 206 - 244 -9096
E -mail: Idunsdon @auburnwa.gov E -mail: tcarter @pacrimenv.com
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
Agreement for Professional Services AG -C-418
MS1110 — February 2012
Page 9 of 11
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-418
MS1110 — February 2012
Page 10 of 11
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Biel B. ' eid; City Attu rney
Agreement for Professional Services AG -C-418
MS1110 - February 2012
Page 11 of 11
CIT
Peter
Date
s, Mayor
MAR 12012
PACIFIC RIM E'►. , IRONM TAL, INC.
BY:
Title: ®ia .7h2sY\S
Federal Tax ID # t Aso Ifl �-
February 24, 2012
PAcI
Leah Dunsdon, P.E.
Project Engineer
City of Auburn
Public Works Department
25 West Main Street
Auburn WA 98001
-a
c RIM ENVI
‘01\ MEN
Exhibit "A"
Proposal for Professional Consulting Services
RE: Martin Property Abatement and Demolition project
Dear Leah,
NC0
Office: 253 - 931 -4013
Fax: 253 - 931 -3053
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 structure at the aforementioned site.
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.
Site Description
12305 SE 316th Street, Auburn, WA (Martin Property)
Scope of Services
TASK 1 On -site Air Sampling Professional
TASK 2 Sr. Project Manager
TASK 3 Air Samples
TASK 4 Proiect close out Manual
Total Estimated Fee
3 shifts @ $520.00 per shift
2 hours @ $85.00 per hour
5 @ $10.00 Ea.
Lump Sum
$ 1,560.00
$ 170.00
$ 50.00
$ 250.00
$ 2,030.00
The fee includes a pre -bid project meeting and on -site , project management. The project will be
completed in accordance with Jacobson Tree Farm Project Specification (City of Auburn MS1110)
Proposal 02242012 -012
Page 1 of 2
Seattle
6510 Southcenter Blvd., Ste. #4
Seattle, WA 98188
www.pacrimenv.com
Anchorage
Phone (206) 244 -8965
Fax (206) 244 -9096
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 Subject to PacRim standard contract terms and conditions with the City of Auburn.
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.
If you have any questions, please contact our office at (206) 244 -8965.
Sincerely, Proposal Accepted:
Todd P. Carter
Operations Manager
Pacific Rim Environmental, Inc.
Proposal 02242012 -012 Page 2 of 2
Signature:
Title:
Date:
EXHIBIT B
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.
o Period of time invoice covers.
• Consultant Agreement #.(i.e.: AG -C -418).
• Project number(s) listed (i.e.: MS1110).
• CITY'S project manager listed (Leah Dunsdon).
• 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 15t.
Consultant Invoices
Agreement No. AG -C-418
Page 1 of 2
City of Auburn
25 West Main
Auburn WA 98001
Attn: Leah Dunsdon (Project Engineer)
Agency Agreement #: AG -C -418
SAMPLE INVOICE
Invoice #: 5222
Progress Payment #: 2
Invoice Date: February 10, 2002
Project Name: Jacobsen Tree Farm & Fields
Residential Bldg Demo
Project #: MS1110
Engineering Services performed during the period of: January 2002
SAMPLE ENGINEERING, INC.
Personnel
Hours
Hour Rate
Amount
Mike Jones, Princi •aI in Char. e
1
$ 125.00
$ 125.00
Carla Maker, Architect
5
$ 72.00
$ 144.00
Joe Smith, Word Processin.
10
$ 48.00
$ 480.00
Consultant Personnel Subtotal
2
$ 50.00
$ 749.00
Ex • erases see attached, documentation
Char • es
Multi • lier
Amount
Mike Jones, Princi•al in Char•e
20 miles
x1.1
$ 7.59
Carla. Maker, Architect
$ 30.00
. x1.1
$ 33.00
Joe 'Smith, Word Processin•
$ 29.00
x1.1
$ 31.90
Consultant Expenses Subtotal
2
$ 50.00
$ 72.49
Consultant Total:
SUB CONSULTANTS (see attached documentation)
$ 821.49
Subconsultant
Hours
Hourl Rate
Amount
ABC Environmental, Inc., Civil En• ineer
10
$ 100.00
$ 1,000.00
Electrical Consultin•, Electrical Engineer
5
$ 100.00
500.00
Mechanical Solutions, Mechanical En •ineer
10
$ 100.00
MRF 1,000.00
Movin • Com • an , Movin • Consultant
2
$ 50.00
100.00
Subconsultant Subtotal
40%
45%
$ 2,600.00
Subtotal x'1.1 Multiplier
$ 24,500.00
$ 1,025.00
$ 2,860:00
Subconsultant Total:
$ 2,860,00
TOTAL DUE THIS INVOICE $ 3,681.49
CONTRACT BREAKDOWN
Task
Amount
Authorized
Prior Invoiced
This Invoice
Total lnvoiced
To Date
%
Ex ended
%
Com•Ieted
Amount
Remainin•
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
$ 4,70649
--
.$ 19,793.51
Note: MRF= Management Reserve Fund
* Received a written a_ uthorization of MRF on 1/10/01 for Mechanical Engineer task in the amount of
$2,000.00.
Consultant Invoices
Agreement No. AG -C-418
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