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HomeMy WebLinkAbout09-196 - PBS Engineering & Environmental - Asbestos Survey of City Owned Buildings 09 -196 App. by Council Res. 1689 1697 CONSULTANT AGREEMENT FOR ASBESTOS SURVEYS SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and PBS Engineering and Environmental, hereinafter referred to as "the Consultant in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform Asbestos Surveys services for the following locations: Fire Station #51, Fire Station 953, Old Fire Station at 1202642 d Avenue South, George Long Shops, and Minkler Shops. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Time for Performance. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement within 30 calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $9,300.00 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment is provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and state for a period of three (3) years after final payments. Copies shall be made available upon request. l st f e!�12161AI14-�S 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perform- ance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/ aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde- pendent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee 2 between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing party. 3 16. Notices. Notices to the City of Tukwila shall be sent to the following address: CITY OF TUKWILA City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: PBS Engineering and Environmental 2517 Eastlake Avenue East, Suite 100 Seattle, WA 98102 17. Integrated Agreement. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this day of 20c) r 1 Mayc Attest /Authenticated: _(°Y City Clerk Ofe o CONSULTANT By: .1-4--0 1 1.C1/1/ 1 1/' 0 Printed Name: -WA. t cZ i Go rze Title: Approved as to Form: ttorney 4 PBS October 28, 2009 Engineering Environmental Mike Cusick City of Tukwila Public Works Department 6300 Southcenter Blvd. Tukwila, WA 98188 RE: Proposal for Asbestos Investigation for Fire Station #51 located at 444 Andover Park East, Fire Station #53 located at 4202 S 115 Street, the Old Fire Station located at 14026 42 Ave South, the George Long Shop Warehouse located at 14000 Interurban Ave South and the Minkler Shop Warehouse located at 600 Minkler Boulevard, Tukwila, WA PBS Proposal No.: WA23423 Dear Mr. Cusick: PBS is pleased to provide this proposal to the City of Tukwila Public Works for the performance of asbestos surveys for the above referenced five project sites. This proposal outlines our proposed services and fees related to asbestos containing materials (ACMs). It is our understanding that the intent of these surveys is to identify ACMs in building materials that may be damaged or destroyed if flooding were to occur. The properties included in the scope of work include: Fire Station #51 Two -story, slab -on- grade, concrete structure with 15,519 gross square feet. The main building was constructed in 1975 according to King County Assessor records. A second office building addition was completed in 1990. Fire Station #53 Single story, slab -on- grade, wood frame structure with 5,264 gross square feet. The fire station was built in 1997 according to King County Assessor records. Old Fire Station Two -story, slab -on- grade, concrete structure with an adjoining garage. The approximate gross square footage is 3,600. A separate storage structure exists at the rear of the old fire station. This building is a single story, slab -on- grade, CMU block structure with approximately 900 gross square feet. King County employees speculate the build date during the 1940's or 1950's. George Long Shop Warehouse Consists of a 2 -story office area at the north entrance of the building and a single story garage area to the south. It is a slab -on -grade aluminum structure with approximately 12,000 gross square feet. King County employees speculate the build date during the 1960's. Bandon I Bend I Boise I Eugene I Portland I Seattle I Tri- Cities I Vancouver 2517 Eastlake Avenue East, Suite 100, Seattle, WA 98102 206.233 9639 Main 206 762.4780 Fax www.pbsenv com Mike Cusick Asbestos Surveys of Tukwila Fire Stations Warehouses 10/28/2009 Page 2 of 3 Minkler Shop Warehouse Consists of four single story, slab -on- grade, concrete structures built in 1974 and 1975. The gross square footage of all four buildings is 20,899. Following is an outline of our proposed services and associated fees: I. TASK 01 INVESTIGATION PHASE The following tasks shall be completed during the investigation phase and the information gathered will be used in preparation of the report: 1. PBS will perform quantification of materials and verification of conditions and locations. As appropriate, PBS will collect and analyze bulk samples of suspect ACMs according to AHERA protocols. Analysis will be performed using Polarized Light Microscopy (PLM). Included in the scope of these services is the collection and analysis of up to 120 asbestos samples. Credit will be provided for samples not collected. 2. PBS will provide asbestos survey documentation, including a letter of Good Faith Inspection pursuant to WAC 296 -62- 07707. The location, quantity and condition of ACMs will be summarized. I1. EXCLUSIONS TO THE SCOPE OF WORK The following outlines PBS's limitations of scope for our proposed services: 1. The preparation of abatement specification or drawings is not included in this proposal. PBS will prepare a separate proposal for design services should abatement be warranted. 2. PBS will inspect only accessible areas of the structure. Inaccessible areas are those requiring confined space protocols or fall protection. Should inspection of such areas be required, PBS will notify you and submit a proposal for additional inspection services. 3. PBS will summarize conditions that, in our opinion, warrant further investigation and may require over height access or confined space entry. Examples include over height locations on ceiling and walls, etc. 4. PBS will collect and analyze only the number of particular types of samples as outlined above. Should conditions warrant additional sample collection and /or analysis, PBS will notify you and provide such services at our standard rates. Sample turnaround is presumed to be non -rush. 5. The proposal does not include services associated with underground storage tanks or subsurface investigation. III. ESTIMATED FEES Following is a breakdown of PBS's estimated fees for each task outlined above: Task 01 Investigation Period Services Project Manager (18 hrs $75 /hr) $1,350.00 AHERA Inspector (32 hrs $75 /hr) $2,400.00 Sample /Report Preparation (32 hrs $75 /hr) $2,400.00 Mike Cusick Asbestos Surveys of Tukwila Fire Stations Warehouses 10/28/2009 Page 3 of 3 Administrative Support (10 hrs $50 /hr) $500.00 PLM Asbestos Analysis (120 $20 /ea) $2,400.00 Reimbursables (photocopying, shipping, mileage, etc.) $150.00 Disposables (sampling equipment, suits, etc.) $100.00 Total Not -To Exceed $9,300.00 The estimated fee and the terms under which our services are provided are in accordance with the attached General Terms and Conditions. Thank you for the opportunity to submit our proposal and we look forward to working with you on this project. Respectfully, ACCEPTED BY: Harry Goren Environmental Services Manager L: \SEATTLE \40000 \40407.016 Tukwila Fire Stations Warehouses GFI Name Title Signature Date