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HomeMy WebLinkAbout08-084 - AMEC Earth and Environmental - Litigation Support Services Fee Agreement a September 5, 2008 91 P -20139 Mr. Bob Sterbank City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Subject: Fee Agreement for Litigation Support Services Citv of Tukwila v. Mohaier Hossein Sabour King County Superior Court Cause #06 -2- 23940 -7 KNT Dear Mr. Sterbank, AMEC Earth Environmental, Inc. (AMEC) is pleased to present this fee agreement for litigation support/expert witness services regarding meetings, research, depositions (if necessary) and testimony in the matter involving the City of Tukwila v. Mohajer Hossein Sabour matter; and previous mold and moisture consulting services provided by AMEC regarding the Pacific Court Apartments located at 4028 S. 146 St. in Tukwila, Washington. AMEC understands that trial may occur the week of September 15, 2008, and that a pre -trial meeting is tentatively scheduled at the office of Mary Ann McConaughy (Keating, Bucklin McCormack (KBM)) to include Mr. Michael Smith, Certified Industrial Hygienist (CIH) (AMEC) on September 9, 2008 at 9:00 am. The purpose of the meeting is to discuss particulars of the case, and answer questions based on review of documents provided by KBM on behalf of the City of Tukwila, and from AMEC's project files. FEE ESTIMATE A breakdown of estimated costs for professional services is summarized below: Labor Research /prep /meetings /travel $250.00/ hour ............................T &M Deposition /testimony $350.00 /hour T &M Expenses Mileage@ $0.68 /Mile ............................T &M Parking, equipment, laboratory analysis, etc. Cost 15% ............................T &M TOTAL (Estimated, actual costs not known) $8.000.00 AMEC Earth Environmental 11335 NE 122 Way, Suite 100 Kirkland, WA 98034 Tel (425) 820 -4669 Fax (425) 821 -3914 www.amec.com /earthandenvironmental City of Tukwila v Sabour EW proposal September 5, 2008 This fee estimate is based upon anticipated labor and expenses required to complete the scope of work described herein. Actual project costs may vary and AMEC reserves the right to adjust the proposed budget fees for significant changes in the level of effort that may be required to complete the designated tasks. CLOSURE AMEC appreciates the opportunity to present this fee proposal. Having an appropriate representative sign and return one copy to us will authorize our services. Please understand that the authorizing organization assumes ultimate responsibility for payment of services provided. Should you have questions or comments, or require additional information, please do not hesitate to call. Respectfully submitted, AMEC Earth Environmental, Inc. Michael Smith, CIH Associate Mike Harris, CIH Senior Industrial Hygienist Authorized by, City of Tukwila 91P -20139 Page 2 City of Tukwila v Sabour EW proposal jmh review.doc September 5, 2008 91 P -20139 Page 3 AMEC EARTH ENVIRONMENTAL, INC. STANDARD TERMS AND CONDITIONS 1. AUTHORIZATION TO PROCEED. The signing of this Agreement by the Client and AMEC will serve as written authorization for AMEC to proceed with the services called for in this Agreement. 2. EXTENT OF AGREEMENT. This Agreement, including attachments incorporated herein by reference, represents the entire agreement between AMEC and Client and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be altered only by written instrument signed by authorized representatives of both Client and AMEC. 3. CHANGES. Work beyond the scope of services or redoing any part of the project through no fault of AMEC, shall constitute extra work and shall be paid for on a time and materials basis in addition to any other payment provided for in this Agreement. In the event AMEC's work is interrupted due to delays other than delays caused by AMEC, AMEC shall be compensated equitably (based on AMEC's current Fee Schedule) for the additional labor or other charges associated with maintaining its work force for Client's benefit during the delay, or at the option of the Client, for charges incurred by AMEC for demobilization and subsequent remobilization. If, during the course of performance of this Agreement, conditions or circumstances are discovered which were not contemplated by AMEC at the commencement of this Agreement, AMEC shall notify Client in writing of the newly discovered conditions or circumstances and the impact on the Agreement. Client and AMEC agree to negotiate in good faith any changes to the price, terms and conditions or schedule of this Agreement. 4. PAYMENT. AMEC shall invoice Client periodically for the services performed under this Agreement. Client shall pay such invoice upon receipt. Invoices not paid within thirty (30) days of the invoice date shall be subject to a late fee of one and one -half percent (1.5 per month computed at 31 days from the date of invoice. In addition, any collection fees, attorney's fees, court costs, and other related expenses incurred by AMEC in the collection of delinquent invoice amounts shall be paid by CLIENT. The invoice amounts shall be presumed to be correct unless Client notifies AMEC in writing within fourteen (14) days of receipt. Progress billings, when paid, represent acceptances by Client of the invoiced services performed by AMEC. The Client agrees to pay attorney fees and costs necessary to collect on past due accounts. If client fails to pay an invoice when due, AMEC may suspend all services until such invoice is paid in full. 5. PROBABLE COSTS. AMEC does not guarantee the accuracy of probable costs for providing services hereunder. Such probable costs represent only AMEC judgment as a Professional and are supplied only for the general guidance of the Client. 6. DISPUTES. Any dispute arising hereunder shall first be resolved by taking the following steps, where a successive step is taken if the issue is not resolved at the preceding step: 1) by the technical and contractual personnel for each party performing this Subcontract, 2) by executive management of each party, 3) by mediation, 4) by arbitration if both parties agree or 5) through the court system of the jurisdiction of the AMEC office that entered this Agreement. CLIENT hereby waives the right to trial by jury for any disputes arising out of this Agreement. 7. STANDARD OF CARE. AMEC shall perform its services in a manner consistent with the standard of care and skill ordinarily exercised by members of the profession practicing under similar conditions in the geographic vicinity and at the time the services are City of Tukwila v Sabour EW proposal jmh review.doc September 5, 2008 91 P -20139 Page 4 performed. This Agreement neither makes nor intends a warranty or guarantee, express or implied. 8. INDEMNITY. Client waives any claim against AMEC, its officers, employees and agents and agrees to defend, indemnify, protect and hold harmless AMEC and its officers, employees and agents from any and all claims, liabilities, damages or expenses, including but not limited to delay of the project, reduction of property value, fear of or actual exposure to or release of toxic or hazardous substances, and any consequential damages of whatever nature, which may arise directly or indirectly, to any party, as a result of the services provided by AMEC under this Agreement, unless such injury or loss is caused by the sole negligence of AMEC. All claims by Client shall be deemed relinquished unless filed within one (1) year after substantial completion of the services. 9. LIMITATION OF LIABILITY. Notwithstanding any other provision of this Agreement, Client agrees to limit AMEC's and its officers, directors, employees and agents liability due to professional negligence and to any liability arising out of or relating to this Agreement to the lesser of $50,000 or the stated value of this Agreement. This limit applies to all services on this project, whether provided under this or subsequent agreements, unless modified in writing, agreed to and signed by authorized representatives of the parties. In addition, AMEC shall not be liable for consequential, incidental or indirect damages as a result of the performance of this Agreement. 10. INSURANCE. AMEC will maintain insurance for this Agreement in the following types: 1) worker's compensation insurance at statutorily required levels, 2) comprehensive general liability insurance and 3) automotive insurance. 11. RESPONSIBILITY. AMEC is not responsible for the completion or quality of work that is dependent upon or performed by the Client or third parties not under the direct control of AMEC, nor is AMEC responsible for their acts or omissions or for any damages resulting there from. 12. EXCLUSIVE USE. Services provided under this Agreement, including all reports, information or recommendations prepared or issued by AMEC, are for the exclusive use of the Client for the project specified. No other use is authorized under this Agreement. Client will not distribute or convey AMEC's reports or recommendations to any person or organization other than those identified in the project description without AMEC's written authorization. Client releases AMEC from liability and agrees to defend, indemnify, protect and hold harmless AMEC from any and all claims, liabilities, damages or expenses arising, in whole or in part, from such unauthorized distribution. 13. FIELD REPRESENTATION. The presence of AMEC's or its subcontractors' field personnel, may be for the purpose of providing project administration, training, assessment, observation and /or field testing. Should a contractor(s) not retained by AMEC be involved in the project, Client will advise such contractor(s) that AMEC's services do not include supervision or direction of the means, methods or actual work of the contractor(s), his employees or agents. Client will also inform contractor that the presence of AMEC's field representative for project administration, assessment, observation or testing, will not relieve the contractor of its responsibilities for performing the work in accordance with applicable regulations, or in accordance with project plans and specifications. If a contractor is involved on the project, Client agrees AMEC shall not be responsible for working conditions on the job site including the safety and security of persons or property. City of Tukwila v Sabour EW proposal jmh review.doc 91 P -20139 September 5, 2008 Page 5 14. TERMINATION. This Agreement may be terminated by either party upon ten (10) days written notice to the other. In the event of a termination, Client shall pay for all reasonable charges for work performed and demobilization by AMEC to date of notice of termination. The limitation of liability and indemnity obligations of this Agreement shall be binding notwithstanding any termination of this Agreement. 15. ASSIGNMENT. Neither client nor AMEC shall assign its interest in this Agreement without the written consent of the other. 16. GOVERNING LAW. This Agreement is governed by the law and the judicial jurisdiction of the AMEC office that entered this Agreement. Client and AMEC acknowledge that each has read and agrees to the Terms and Conditions, which are incorporated herein and made a part of this Agreement. City of Tukwila: AMEC Earth Environmental, Inc.: By: /V r By: T6 MaAlrw- Title: Date: seognw IC, 200e) Date