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Home My WebLink About5.956 Original Contract 5. q5~ " " Printed:3/5/2009 PROPOSAL FOR City of Port Angeles RGA Environmental, Inc. RGA Job # CPORT20902 Other Locations: Emeryville, CA Irvine, CA San Francisco, CA 1730 Minor Ave. Suite 900 Seattle, WA 98101 Tel: (206) 281-8858 Fax:(206) 281-8922 www.raaenV.com ARGA TO: BILLING ADDRESS: SERVICE AT: Contact: Glenn Cutler Glenn Cutler Company: City of Port Angeles City of Port Angeles 321 E, 5th St. Address: Director of Public Works Director of Public Works Port Angeles, WA 98362 321 E. 5th St. 321 E. 5th St. Port Angeles, WA 98362 Port Angeles, WA 98362 Phone: 360.417.4800 360.417.4800 e-Mail: b.ccoons@citvofpa.us b.ccoons@cityofpa.us g.cutler@citvofpa.us g.cutler@cityofpa.us PROJECT UNDERSTANDING Proposal Date: 3/5/2009 Prepared By: Bob Gils RGA understands the first floor of the City Hall building has suspect fungal growth RGA Representative: Debie Mullins under plastic slider mats. Mats are over an industrial grade carpeting with a jute backing. Fungal growth occurs on the first floor which is slab on grade. RGA has been Reviewed by: Debie Mullins requested to evaluate fungal conditions and provide workplan for remedial efforts. Payment Terms: Net-30 Days ITEMIZED ESTIMATE AMOUNT The RGA representative will review any existing information provided by Client. RGA will then inspect the subject area to observe building material conditions. RGA will perform testing for potential mold contamination using one or a combination of air bulk, wipe, swab or tape lift sampling methods. Samples 1,100.00 will be sent to a laboratory accredited by the American Hygiene Association (AIHA) to be analyzed by direct microscopy for any viable mold and fungi. Estimate four (4) interior fungal air samples and two (2) exterior fungal air samples. RGA will provide a report of findings, and cleanup plan. 550.00 Fungal air samples - 6 samples @ $75 each. Additional direct examination samples requested by client will 450.00 be at the same rate. Other sampling methodologies are per the attached sheet. TOTAL ESTIMATED JOB COSl $2,100.00 NOTES: ASSUMPTIONS OR EXCLUSIONS ~ The above numbers are estimates based on the information provided by the Client. The Client will be notified (for approval) if more samples than estimated and associated costs are needed for the project. Agreement: The Agreement between RGA and (client) will consist of this executed Proposal, and The General Terms and Conditions of the Agreement between RGA and the Client (General Terms). The General Terms, which are attached and made pari of this Proposal, are speCifically made pari of any agreement between RGA and the Client. a;oo" I ~ 'Jf- I A,,-~~ JA/,'d.~, , w J u..... ..L/~/ (), I Date Signatu Title Tax J.D. # 94-3051012 E.NVIRONM!:N'rAl M:\PROPOSALS\2009\C\CPORT20902\Proposal Page 1 of 1 " " GENERAL TERMS AND CONDITIONS OF THE AGREEMENT BETWEEN RGA AND THE CLIENT ARTICLE 1 AGREEMENT & PARTIES RGA's Proposal, these General Terms and Conditions (General Terms), and any attachments identified in Article 4 below, comprise the agreement (Agreement) between RGA Environmental, Inc. ((RGA) and the person, persons, company, business, organization or entity for whom RGA performs professional services (Client). ARTICLE 2 BILLING POLICIES 2.1 Other Services, Equipment and Supplies 2.1.1 Charges for (i) services requested by the Client beyond the scope of this Agreement, (ii) extra expenses caused by changes ordered by the Client, and (iii) inappropriate actions by any other subcontractor involved in the project, will be charged to the Client on a time and materials basis. 2.1.2 Charges for (i) services, equipment, and facilities not furnished directly by RGA, (ii) any unusual expense items not customarily incurred during normal operations, and (iii) other reimbursable expenses (including living expenses, transportation, printing, long distance communication, shipping charges, rental charges, and miscellaneous supplies) will be charged to the Client at their accrued cost plus fifteen (15) percent. 2.2 Travel Travel time is charges at time plus mileage ($0.75/mile) and expenses (parking, tolls, etc.). 2.3 Overtime Overtime is billed at one and one-half (1-1/2) the respective hourly rate for all work after 8 hours in a day, and the first 8 hours of work on a sixth consecutive day. Double time is billed for all work after 12 hours in a day, all work after 8 hours on a sixth consecutive day, and all work on a seventh consecutive day. 2.4 Rush and Emergency Service All service requested to begin without three days prior notice shall be considered Rush service. A fifty (50) percent surcharge shall apply to all rates for Rush service. All service requested to begin within twenty-four (24) hours of notice shall be considered Emergency service. One hundred (100) percent surcharge shall apply to all rates for Emergency service. RGA's ability to provide Rush and Emergency service is dependent upon staff availability. 2.5 Statements 2.5.1 Statements are issued biweekly. Unless otherwise agreed, statements are payable upon receipt. 2.5.2 Interest of one-and-one-half (1-1/2) percent per month is charged on balances not paid within thirty (30) days after receipt of statement. Payments thereafter are applied first to accrued interest and then to the unpaid principal amount. Attorneys' fees and other costs incurred in collecting any delinquent amount shall be paid by the Client. '. 2.5.3 Rates are subject to change after thirty (30) days' prior written notice to the Client. ARTICLE 3 GENERAL CONDITIONS 3.1 Rights in Work Product 3.1.1 RGA retains title to the products of its work under this Agreement, but grants to the Client a royalty-free, nonexclusive, nontransferable license to (i) make and use each invention or improvement, which is or may be patentable under U.S. law, and which is conceived or first reduced to practice by RGA while performing services under this Agreement, and (ii) use or dispose of all computer software and all other recorded information (such as graphs or data tables) that are delivered to the Client by RGA while performing services under this Agreement. 3.1.2 All work products will be delivered to the Client or a designated representative only. Authorization to deliver work products to other parties must be provided to RGA in writing. 3.2 Compliance with Regulations In providing its service, RGA endeavors to the best of its ability to comply with all applicable laws, ordinance codes, rules and legal requirements. 3.3 Complete Agreement & Controlling Law 3.3.1 This Agreement represents the entire and integrated agreement between RGA and the Client and supercedes all prior negotiations, representations or agreements either written or oral. This Agreement may be amended only by written instrument signed by both RGA and the Client. 3.3.2 This Agreement is governed by the law of the State of Washington. 3.3.3 If any part or provision of this Agreement that is void or unenforceable, all remaining provisions continue in force. Both the Client and RGA will attempt in good faith to replace any invalid or unenforceable provision of this Agreement with a valid and enforceable one that expresses and achieves the intent of the original provision as closely as possible. 3.4 Warranty RGA warrants that its services are performed within the limits prescribed by the Client and with the usual thoroughness and competence of RGA's profession. No further warranty or representation, either expressed or implied, is included or intended in RGA's proposals, contracts or reports. 3.5 Indemnification 3.5.1 To the extent permissible by law, RGA will indemnify, hold harmless and defend the Client, its officers, directors, agents and employees from and against that portion of any claim or judgment deteimined to have been caused by RGA's negligence 3.5.2 The Client shall provide RGA with information concerning the location of all subsurface high pressure lines, tanks, vessels and other utilities and structures at the subject site. 3.5.3 To the extent permissible by law, the Client will indemnify, hold harmless and defend RGA, its officers, directors, agents and employees from and against any claim, RGA ENVIRONMENTAL, INC 1730 Minor Ave., Suite 900 Seattle W A 98101 Page I of2 of the Terms and Conditions " damage, loss, expenses (direct and indirect) and consequential damage (including but not limited to fees and charges or attorneys, and court and arbitration costs) arising out of or resulting from (i) the Client's negligence, (ii) any conditions (environmental or otherwise) that existed before the signing of this Agreement between the Client and RGA, or (iii) any failure by the Client to give RGA sufficient notification of the location of subsurface utilities and structures. 3.6 Limits of Liability 3.6.1 RGA is not responsible for the quality, effectiveness or adherence to specification of any work performed by non-RGA personnel. 3.6.2 RGA's liability to the Client for injury or damage to persons or property for which legal liability may be found to rest upon RGA, is limited to RGA's general liability insurance coverage of $1 ,000,000 per occurrence and in aggregate. 3.6.3 RGA's liability to the Client for any error, omission or other act of professional negligence for which legal liability may be found to rest upon RGA, is limited to the total fees paid to RGA for services rendered pursuant to this Agreement. 3.6.4 The Client can increase the limits of RGA's liability for any error, omission or other act of professional negligence by agreeing to greater Cost of Work for RGA's services, the amount of which will be negotiated by RGA and the Client. 3.7 Disputes 3.7.1 Any claim, dispute or other matters in question between the parties to this Agreement, arising out of or relating to this Agreement, shall be subject to and decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect, unless the parties mutually agree otherwise. Demand for arbitration shall be in writing served, via certified mail, upon the other party to this Agreement, and filed with the American Arbitration Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim would be barred by the applicable statute oflimitations for any such claim. 3.7.2 Prior to the institution of any arbitration, the parties to this Agreement shall endeavor to resolve claims, disputes or other matters in question by mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect, unless the parties mutually agree otherwise. Demand for mediation shall be in writing served, via certified mail, upon the other party to this Agreement, and filed with the American Arbitration Association. A demand for mediation shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim would be barred by the applicable statute of limitations for any such claim. 3.8 Attorneys Fees If any action at law or in equity, or arbitration, is brought to enforce or interpret the provisions of this Exhibit or the Agreement of which this Exhibit forms a part, or to collect any monies due there under, the prevailing party will be entitled to reasonable attorney's fees in addition to any other relief to which that party may be entitled. 3.9 Termination Both the Client and RGA may terminate this Agreement without cause after five (5) days prior written notice. The Client will be charged for all work completed prior to Agreement termination. 3.10 Stop Notice RGA may stop work effective immediately upon notice if payment for services rendered is overdue, or any other clause of this contract is violated. After a stop notice, all work products may be withheld. 3.11 Notices Any notice given under the Agreement is considered served when (i) hand-delivered in writing to an officer, or to any other duly- appointed representative of the party to whom the notice is directed, or (ii) sent by registered or certified mail to the business address identified at the beginning of this Agreement. 3.12 Retention of Samples RGA will not retain samples for more than thirty (30) days. Samples may be transferred to the Client upon request via a chain-of-custody letter. 3.13 Third Party Reliance Nothing under the Agreement shall be construed to give any other rights or benefits of the Agreement to anyone other than the Client and RGA, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Client and RGA, and not for the benefit of any other party. The Client agrees that the Client shall not disclose to any third party any data, reports or other information furnished by RGA to the Client under the Agreement without the prior written consent of RGA, and in the absence of such consent, RGA shall have no liability to the Client for claims resulting from such disclosure. ARTICLE 4 OTHER DOCUMENTS Other documents, if any, forming part of the Agreement between RGA and the Client are as follows: RGA ENVIRONMENTAL, INC 1730 Minor Ave., Suite 900 Seattle WA 98101 Page 2 of 2 of the Terms and Conditions '. From: To: Date: Subject: Attachments: Steve Sperr Mullins, Debie 3/6/20093:39 PM Re: RGA Site Visit - tentatively set for Tuesday City Hall RGA Contract.pdf cc: Coons, Bob; Myers, Kent Debie, I am emailing back a signed copy of the agreement so we can schedule the work (for next Tuesday, hopefully). As discussed, my understanding is that the $1,100 line item in the estimate includes travel costs. Bob Coons, our Risk Manager, 360"417-4511, will be the liaison for scheduling/coordinating the site visit and sampling. have copied him on this email as well. Thanks. **************************** Stephen Sperr, P.E. Deputy Director of Engineering Services/City Engineer City of Port Angeles P.O. Box 1150 321 E. 5th Street Port Angeles, WA 98362 www.cityofpa.us phone: 360-417A803 fax: 360-417-4709 >>> "Debie Mullins" <debie.mullins@rqaenv.com> 3/6/2009 12:53 PM >>> I am looking for Lab fee schedule will get it to you as quickly as I locate it, our lab manager is out for the day. Debie Mullins Project Manager RGA Environmental, Inc. 1730 Minor Avenue, Suite 900 I Seattle, WA 98101 phone: 206-269-6302 I cell: 206-455-0599 www.rqaenv.com <blocked: :www.rgaenv.com> Improving Lives / Reducing Risks From: Heidi Santos Sent: Friday, March 06, 2009 9:42 AM To: Debie Mullins Subject: RE: Terms and conditions and Insurance Debie, .. ' \ '" Attached is the terms and conditions and copy of our insurance Heidi Santos I Marketing Assistant RGA Environmental, Inc. 1466 66th Street I Emeryville, CA 94608 phone: 510-899-7032 I fax: 510-5-899-7066 www.rqaenv.com <http://www.rqaenv.com/> Improving Lives / Reducing Risks The contents of this e-mail message and any attachments are intended solely for the addressee(s) and may contain confidential and/or legally privileged information. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and any attachments. If you are not the intended recipient, you are notified that any use, dissemination, distribution, copying, or storage of this message or any attachment is strictly prohibited. From: Debie Mullins Sent: ,Friday, March 06, 2009 9:30 AM To: Heidi Santos Subject: Port Angeles The client is requesting the terms and agreement to read the State of Washington, not CA, he would also like a copy of our liability insurance if possible. I will send him a copy of our Standard lab rates, and we are good to go for Tues. He will sign the proposal and get it to us today. He gave a verbal approval, but I explained that we only proceed with signed proposals. Thanks Debie Mullins Project Manager RGA Environmental, Inc. 1730 Minor Avenue, Suite 900 I Seattle, WA 98101 phone: 206-269-6302 I cell: 206-455-0599 www.rqaenv.com '\ -\ . .. <blocked: :www.rgaenv.com> Improving Lives / Reducing Risks