HomeMy WebLinkAboutPacific Rim Environmental Inc AG-C-216
AGREEMENT FOR PROFESSIONAL SERVICES
AG-C-215
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, PACIFIC RIM ENVIRONMENTAL, INC., a corporation, whose
address is 6510 Southcenter Blvd. Suite #4, Seattle, Washington 98188, 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 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
December 31,2004.
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 not to exceed total amount for this Agreement is $12,000.00. Costs
will be based on Exhibit A, which is attached hereto and by reference made a part of
this Agreement.
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Agreement for Professional Services AG-C-215
December 8, 2003
Page 1 of 10
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Compensation for the asbtestos survey portion shall be on a time and material
basis, not to exceed $3,600.00 for four properties. The initial tasking for asbestos
survey shall be for three of the four properties. Asbestos survey of the fourth property
will not occur without prior City authorization.
Compensation for the project design portion of the Agreement shall be a lump
sum payment of $2,500.00 as outlined in Exhibit A.
If requested by the City, special inspection (on-site project management I
contractor oversight) will be provided at a rate of $65.00 per hour, and on-site
clearance air monitoring will be provided at a rate of $50.00 per hour.
The billing for non-salary cost, directly identifiable with the project, shall be
submitted as an itemized listing of charges supported by copies of the original bills,
invoices, expense accounts and miscellaneous supporting data retained by the
CONSULTANT. Copies of the original supporting documents shall be supplied to the
CITY upon request. All above charges must be necessary for the services provided
under the Agreement.
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 or work shall be authorized in writing under the Management Reserve
Fund as detailed in Section 4.
4. MANAGEMENT RESERVE FUND.
The CITY may establish a Management Reserve Fund to provide flexibility of
authorizing additional funds to the Agreement for allowable unforeseen costs, or
reimbursing the CONSULTANT for additional work beyond that already defined in this
Agreement. Such authorization(s) shall be in writing, prior to the CONSULTANT
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Agreement for Professional Services AG-C-215
December 8. 2003
Page 2 of 10
III
expending any effort on such services, and shall not exceed $1,000. This fund may be
replenished in a subsequent supplemental agreement. Any changes requiring
additional costs in excess of the Management Reserve Fund shall be negotiated and
approved by the CITY prior to any effort being expended on such services.
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 environmental
services 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 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
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Agreement for Professional Services AG-C-215
December 8, 2003
Page 3 of 10
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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.
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.
8. INSURANCE.
CONSULTANT shall procure and maintain for the duration of this Agreement,
commercial general liability insurance against claims for injuries to persons or damage
to property which may arise from or in conjunction with services provided to the CITY by
the CONSULTANT, its agents, employees or subcontractors, under this Agreement.
The CONSULTANT agrees to provide commercial general liability insurance and shall
maintain liability limits of no less then ONE MILLION DOLLARS ($1,000,000) per
occurrence and ONE MILLION DOLLARS ($1,000,000) general aggregate. The
CONSULTANT shall also provide and maintain professional liability coverage in the
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Agreement for Professional Services AG-C-215
December 8. 2003
Page 4 of 10
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III.; I
minimum liability limits of ONE MILLION DOLLARS ($1,000,000) per claim and TWO
MILLION DOLLARS ($2,000,000) aggregate.
The general liability coverage shall also provide that the CITY, its officers,
employees and agents are to be covered as additional insured as respects: Liability
arising out of the services or responsibilities performed by or under obligation of the
CONSULTANT under the terms of this Agreement, by the CONSULTANT, its
employees, agents and subcontractors.
Both the general liability and professional liability coverage shall provide that the
CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY,
its officials, employees and agents. Any insurance or self insurance maintained by the
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 certificates 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 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
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Agreement for Professional Services AG-C-215
December 8, 2003
Page 5 of 10
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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
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;
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Agreement for Professional Services AG-C-215
December 8, 2003
Page 6 of 10
(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.
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
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Agreement for Professional Services AG-C-215
December 8, 2003
Page 7 of 10
III,
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.
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.
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Agreement for Professional Services AG-C-215
December 8. 2003
Page 8 of 10
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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 Lance Kiblinger, 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: Chris Thorn Attn: Lance Kiblinger
25 W Main Street 6510 Southcenter Blvd., Ste. #4
Auburn WA 98001 Seattle, WA 98188
Phone: 253.804.5065 Phone: 206.244.8965
Fax: 253.931.3053 Fax: 206.244.9096
E-mail: cthorn@cLauburn.wa.us E-mail: Lkiblinger@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
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.
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Agreement for Professional Services AG-C-215
December 8, 2003
Page 9 of 10
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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.
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Agreement for Professional Services AG-C-215
December 8, 2003
Page 10 of 10
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CITY OF AUBURN
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Peter B is, Mayor !
Date P //:;/¡) 3
ATTEST:
~
anielle E. Daskam, City Clerk
APPR9"ED
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Pacific Rim Environmental, Inc.
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Title: bé"I1e!:1I-A--/ ¡Y/M1Jf1-~
Federal Tax 10 #
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Agreement for Professional Services AG-C-215
December 8. 2003
Page 11 of 10
EXHIBIT A
PR
E
PACIFIC RIM ENVIRONMENTAL, INC.
SEATTLE ANCHORAGE
Proposal for Asbestos Consulting Services
RECEIVED
NUV 1 4 2003
GII Y' OF AUBURN
?UBLlC WORKS DEP-¡
November 5, 2003
Chris Thorn
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
RE: Auburn Properties
120 "A" Street Northwest, Auburn, WA 98001
124 "A" Street Northwest, Auburn, WA 98001
128 "A" Street Northwest, Auburn, WA 98001
415 Western Avenue, Auburn, WA 98001
Phone: (253) 804-5065
Fax: (253) 931-3053
Dear Mr. Thorn,
At your request Pacific Rim Environmental, Inc. (PRE) is submitting this proposal for the performance of asbestos
consulting services at the above referenced residences located in Auburn, Washington. The following are the
proposed "scopes of work" for this project:
SCODe of Work - Asbestos Survev
Asbestos-Containing Materials (ACM)
1. Bulk sampling of suspect ACM material.
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 WAC. 296-62-07721 Sign-Off Form.
Fee Estimate 120 "A" Street Northwest Auburn WA 98001
On-Site Field Investioation 4 Hours >. $50.00 Per Hour $200.00
PLM Bulk Sam ole Analvsis (Asbestos) 25 Sa moles (Est.) ~ $25.00 Per Sam ole $625.00
Reoort Preoaration 1 Each ~ $100.00 Lumo Sum $100.00
TOTAL "Estimated" Cost $925.00
Fee Estimate 1124 "A" Street Northwest. Auburn. WA 98001\
On-Site Field InvestiQation 4 Hours 6 $50.00 Per Hour $200.00
PLM Bulk Samole Analvsis (Asbestos) 20 Samoles (Est.) 6 $25.00 Per Samole $500.00
Re<>Drt Preoaration 1 Each (c $100.00 Lumo Sum $100.00
TOTAL "Estimated" Cost $800.00
page 1 of 3
11/7/03
Corporate Office
6510 Southcenter Blvd., Ste. #4
Seattle, WA 98188
Phone: (206) 244-8965
Fax: (206) 244-9096
Anchorage office
8501 East 12th Coun
Anchorage, AI( 99504
Phooe/Fax: (907) 569-8081
Pager: 1-888· 341-8081
--_..~~_................-
Ii 1-
Fee Estimate /128 "A" Street Northwest. Auburn. WA 980011
$50.00 Per Hour
$25.00 Per Sam Ie
$100.00 Lum Sum
TOTAL "Estimated" Cost
$200 00
$575.00
$100.00
$875.00
Fee Estimate (415 Western Avenue. Auburn. WA 980011
Asbestos
$50.00 Per Hour
$25.00 Per Sam Ie
$100.00 Lum Sum
TOTAL "Estimated" Cost
$200.00
$700.00
$100.00
$1,000.00
In addition to performing the asbestos survey, the following are the proposed scopes of work for both project
design and on-site project management:
Scooe of Work - Proiect Design
1. Prepare project specific asbestos abatement specifications and bid documents.
2. Attend pre-bid site walk-thru.
3. Prepare any necessary addenda.
4. Assist City of Auburn with bid review and contractor selection.
5. Assist City of Auburn with permitting.
Fee Estimate {Project Design}
@ I $2,500.00 Lump Sum
. Project Design
Scooe of Work - On-Site Proiect Manaaement J Contractor Oversiaht
1. Project manager on-site first day of asbestos abatement to review contractor's paperwork and
address any questions from the contractor regarding the scope of work.
2. Project manager on-site as needed to perform contractor oversight.
3. Visual clearance of asbestos abatement work areas.
4. Final clearance air quality monitoring.
5. Final project closeout documentation manual.
Fee Estimate {On-Site Project Management}
· Project Management (Up to a-Hours per Shift)
· On-Site Clearance Air Monitoring (Up to a-Hours per Shift)
· On-Site PCM Air Sample Analysis
· Final Close-Out Documentation Manual
@
@
@
@
$ 65.00 Per Hour
$ 50.00 Per Hour
$ 5.00 Each
$ 50.00 Per Hour
Page 2 of 3
11"'03
II II&;, IW
·
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 regarding the above fee proposal, please do not hesitate to contact our office at (206)
244-8965.
~~
Lance Kiblinger,
General Manager
Pacific Rim Environmental. Inc.
11/7/03
Page 3 of 3
--ynr-T-
AMENDMENT # 1 TO AGREEMENT # AG-C-215 BETWEEN
THE CITY OF AUBURN AND PACIFIC RIM ENVIRONMENTAL, INC.
RELATING TO C321A, 2004 HOUSE DEMOLITIONS
THIS AMENDMENT is made and entered into this 27 day of July 2004,
by and between the CITY OF AUBURN, a municipal corporation of the Stélte of
Washington (hereinafter referred to as the "CITY"), and Pacific Rim Environmental, Inc.
(hereinafter referred to as the "CONSUL TANT"), as ar;¡,Amendment to the Agreement
between the parties for AG-C-215 executed on the 15t day of December :!003.
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: See Exhibit A, attached and by this reference made part of this
Agreement.
3. COMPENSATION: The amount of this amendment is $1,000.00. The total contract
amount is increased to a total of $13,000.00.
REMAINING TERMS UNCHANGED: That all other provisions of the A~ reement
between the parties for AG-C-215 executed on the 15th day of December :2003 shall
remain unchanged, and in full force and effect.
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AmendmentNo. 1 for Agreement No. AG-C-215
PACIFIC RIM ENVIRONMENTAL, INC.
Page 1 00
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IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the
day and year first above written.
By:
Authori
RONMENTAL,INC.
C
,
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----
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ATTEST (Optional):
ATTEST:
jJ~/&~
Danielle E. Daskam, Auburn City Clerk
By: Jeff Lewis
Its.' . ~ t
Prp~l(Jpn
Approved as to form (Optional):
b"m~
Attorney for (Other Party)
law
REF. H:IFORMSIFE054A (2/04)
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Amendment No.1 for Agreement No. AG-C-215
PACIFIC RIM ENVIRONMENTAL, INC.
Page 2 of 3
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Exhibit A
Proposal for Asbestos Consulting Services
July 26, 2004
Chris Thorn
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Phone: (253) 804-5065
Fax: (253) 931-3053
RE: Auburn Property - I Residence and 2 out buildings at 329 Western St. NE, Auburn, W A
Dear Mr. Thorn,
At your request Pacific Rim Enviromnental, Inc. (PRE) is submitting this proposal for the perfonnance of asbestos
consulting services at the above referenced residence located in Auburn, Washington. The following are the
proposed "scope of work" for this project:
Scope of Work - Asbestos Survey
Asbestos-Containing Materials (ACM)
I. Bulk sampling of suspect ACM material.
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 WAC. 296-62-07721 Sign-Off Fonn.
Fee Estimate
ASBESTOS SURVEY TOTAL LUMP SUM
I $1,000.00
Insurance
Pacific Rim Enviromnental, 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 regarding the above fee proposal, please do not hesitate to contact our omce at (206) 244-
8965.
Sincerely,
Jeff Lewis,
President
Pacific Rim Enviromnental, Inc.
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Amendment NO.1 for Agreement No. AG-C-215
PACIFIC RIM ENVIRONMENTAL, INC.
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