HomeMy WebLinkAboutCascade Earth Sciences 2015 Farm Operations ReportORIGINAL
PROFESSIONAL SERVICES AGREEMENT
2015 Farm Operations Report
THIS AGREEMENT is made and entered into between the City of Pasco, a Washington
Municipal Corporation, hereinafter referred to as "City", and Cascade Earth Sciences (CES) ,
hereinafter referred to as "Consultant"
RECITALS
WHEREAS, the City desires to have certain services and/or tasks performed as set forth
below requiring specialized skills, training, equipment, and other supportive capabilities; and
WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills,
experience, equipment, and necessary capabilities, including: technical and professional
expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon
which the City is relying.
NOW, THEREFORE, in consideration of the mutual covenants, and performances
contained herein, the parties agree as follows:
1. Scope of Services. The Consultant shall perform such services and accomplish such
tasks, including the furnishing of all labor, materials, facilities and equipment necessary
for full performance thereof, as identified and designated as Consultant's Responsibilities
throughout this Agreement, and as more particularly described in Scope of Work detailed
in Exhibit A, attached hereto and incorporated herein (the "Project").
2. Term. This Project shall begin on March 16. 2015 , and promptly be completed before
LL J��ulyp, 2015, (122) calendar days.
3. opensatioPavment.
3.1 Payment for services provided hereunder shall be made following the
performance of such services. Such payment shall be full compensation for work
performed or services rendered, and for all labor, materials, supplies, equipment,
and incidentals necessary to complete the Project.
3.2 No payment shall be made for any services rendered by the Consultant except for
services identified and set forth in this Agreement except as may be authorized by
a written supplemental agreement approved by the City.
3.3 The City shall pay the Consultant for work performed under this Agreement upon
timely submitted invoices detailing work performed and expenses for which
reimbursement is sought. The City shall approve all invoices before payment is
Professional Services Agreement — Cascade Earth Sciences (CES)
2015 Farm Operations Report Page 1 of 9
issued. Payment shall occur within thirty (30) days of receipt and approval of an
invoice.
3.4 The City shall pay the Consultant for all work performed and expenses incurred
under this Agreement, as follows.
❑ Hourly (Single Rate): $ per hour plus actual expenses
incurred as provided under this Agreement, but not to exceed a total of
$ without prior written authorization by the City; or
❑ Hourly (Multiple Rate): Such rates as identified on Exhibit _, plus
actual expenses incurred as provided under this Agreement, but not to
exceed a total of $ without the prior written authorization
by the City; or
® Fixed Sum: A total of $9,788; or
❑ Other:
4. Reports and Inspections.
4.1 The Consultant at such times and in such forms as the City may require, shall
furnish to the City such statements, records, studies, surveys, reports, data, and
information as the City may request pertaining to matters covered by this
Agreement.
4.2 The Consultant shall, at any time during normal business hours and as often as the
City or the Washington State Auditor may reasonably deem necessary, make
available for examination all of its records and data with respect to all matters
covered, directly or indirectly, by this Agreement and shall permit the City, or its
designated authorized representative to audit and inspect other data relating to all
matters covered by this Agreement. The City shall receive a copy of all audit
reports made by the agency or firm as to the Consultant's activities. The City
may, at its discretion, conduct an audit at its expense, using its own or outside
auditors, of the Consultant's activities which relate, directly or indirectly, to this
Agreement. Consultant shall be provided a copy of such reports.
4.3 The Consultant, during the term of this Agreement, shall obtain all permits and
registration documents necessary for the performance of its work and for the
execution of services at its own expense, and shall maintain its validity. Upon
request, the Consultant shall deliver to the City copies of these licenses,
registration documents, and permits or proof of their issuance or renewal.
4.4 Consultant shall maintain books, records and documents, which sufficiently and
properly reflect all direct and indirect costs related to the performance of this
Agreement, and shall maintain such accounting procedures and practices as may
Professional Services Agreement— Cascade Earth Sciences (CES)
2015 Farm Operations Report Page 2 of 9
be necessary to assure proper accounting of all funds paid pursuant to this
Agreement. These records shall be subject, at all reasonable rimes, to inspection,
review, or audit as provided above.
4.5 The Consultant shall retain all books, records, documents or other material
relevant to this Agreement for three (3) years after its expiration. Consultant
agrees that the City, or its designee, shall have full access and right to examine
any of said materials at all reasonable times during this period.
5. Ownership and Use of Documents.
5.1 All research, tests, surveys, preliminary data, information, drawings and
documents made, collected, or prepared by the Consultant for performing the
services subject to this Agreement, as well as any final product, collectively
referred to as "work product," shall be deemed as the exclusive property of the
City, including copyright as secured thereon. Consultant may not use them except
in connection with the performance of the services under this Agreement or with
the prior written consent of the City. Any prior copyrighted materials owned by
the Consultant and utilized in the performance of the services under this
Agreement, or embedded in with the materials, products and services provided
thereunder, shall remain the property of the Consultant subject to a license
granted to the City for their continued use of the products and services provided
under this Agreement. Any work product used by the Consultant in the
performance of these services which it deems as "confidential," "proprietary," or
a "trade secret" shall be conspicuously designated as such.
5.2 In the event of Consultant's default, or in the event that this Agreement is
terminated prior to its completion, the work product of the Consultant, along with
a summary of the services performed to date of default or termination, shall
become the property of the City, and tender of the work product and summary
shall be a prerequisite to final payment under this Agreement. The summary of
services provided shall be prepared at no additional cost, if the Agreement is
terminated through default by the Consultant. If the Agreement is terminated
through convenience by the City, the City agrees to pay Consultant for the
preparation of the summary of services provided.
6. Public Records.
6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56
RCW "Public Records Act." All preliminary drafts or notes prepared or gathered
by the Consultant, and recommendations of the Consultant are exempt prior to the
acceptance by the City or public citation by the City in connection with City
action.
6.2 If the Consultant becomes a custodian of public records of the City and request
for such records is received by the City, the Consultant shall respond to the
Professional Services Agreement — Cascade Earth Sciences (CES)
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request by the City for such records within five (5) business days by either
providing the records, or by identifying in writing the additional time necessary to
provide the records with a description of the reasons why additional time is
needed. Such additional time shall not exceed twenty (20) business days unless
extraordinary good cause is shown.
6.3 In the event the City receives a public records request for protected work product
of the Consultant within its possession, the City shall, prior to the release of any
protected work product or as a result of a public records request or subpoena,
provide Consultant at least ten (10) business days prior written notice of the
pending release and to reasonably cooperate with any legal action which may be
initiated by the Consultant to enjoin or otherwise prevent such release.
7. Independent Contractor Relationship.
7.1 The parties intend that an independent contractor relationship is created by this
Agreement. The City is interested primarily in the results to be achieved; subject
to the scope of services and the specific requirements of this Agreement, the
implementation of services will lie solely with the discretion of the Consultant.
No agent, employee, officer or representative of the Consultant shall be deemed to
be an employee, agent, officer, or representative of the City for any purpose, and
the employees of the Consultant are not entitled to any of the benefits or
privileges the City provides for its employees. The Consultant will be solely and
entirely responsible for its acts and for the acts of its agents, employees, officers,
subcontractors or representatives during the performance of this Agreement.
7.2 In the performance of the services provided in this Agreement, Consultant is an
independent contractor with full authority to control and direct the performance of
the details of the work, however, the results of the work contemplated herein must
meet the approval of the City and shall be subject to the City's general rights of
inspection and review to secure the satisfactory completion thereof.
7.3 The Consultant shall comply with all State and Federal laws including, but not
limited to:
7.3.1 The definition requirements of RCW 50.04.140 (Employment Security).
7.3.2 RCW 51.08.195 (Industrial Insurance).
7.3.3 Obtain a City of Pasco business license.
7.4 The City may, at its sole discretion, require the Consultant to remove any
employee, agent or servant from employment on this Project who, in the City's
sole discretion, may be detrimental to the City's interest.
Professional Services Agreement — Cascade Earth Sciences (CES)
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8. Indemnification.
8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers,
officials, agents, employees, and volunteers from any and all claims and causes of
action, including, but not limited to, actions of law or administrative proceedings
for all injuries to persons or damages to property, and all losses, damages,
demands, suits, judgments, including attorney fees, arising out of, or as a result
of, or in connection with the work performed under this Agreement, and caused or
occasioned in whole or in part by reason of errors, negligent acts or omissions of
the Consultant or its subcontractors in the performance of this Agreement, except
for injuries and damages caused by the sole negligence of the City, its officers,
employees, agents, and volunteers.
8.2 Should a Court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily
injuries or damages to property caused by or resulting from the concurrent
negligence of the Consultant, and the City, its officers, employees, agents and
volunteers, the Consultant's liability and obligation to defend hereunder shall only
be the proportionate extent of the Consultant's negligence.
8.3 It is further agreed that the indemnification provided herein constitutes the
Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW,
solely for the purposes of this indemnification.
8.4 No liability shall attach to the City by reason of entering into this Agreement
except as expressly provided herein.
8.5 This indemnification shall include damages, penalties and attorney fees sustained
as a result of Consultant's delayed or failed performance of Section 6 above.
8.6 This waiver has been mutually negotiated by the parties, and the provisions of this
section shall survive the expiration or termination of this Agreement.
9. Insurance. The Consultant shall procure and maintain for the duration of the
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, employees, or subcontractors.
9.1 Minimum Scone of Insurance. Consultant shall obtain insurance of the types
described below:
9.1.1 Automobile Liability insurance covering all owned, non -owned, hired and
leased vehicles. 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.
Professional Services Agreement - Cascade Earth Sciences (CES)
2015 Farm Operations Report Page 5 of 9
9.1.2 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. The City shall be named as an insured under the Consultant's
Commercial General Liability insurance policy with respect to the work
performed for the City.
9.1.3 Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
9.1.4 Professional Liability insurance appropriate to the Consultant's profession.
9.2 Minimum Amounts of Insurance. Consultant shall maintain the following
insurance limits:
9.2.1 Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
9.2.2 Commercial General Liability insurance shall be written with limits no
less than:
® $1,000,000 each occurrence;
❑ $2,000,000 general aggregate; or
❑ $ each occurrence; and $ general aggregate
9.2.3 Professional Liability insurance shall be written with limits no less than:
® $1,000,000 per claim;
❑ $1,000,000 policy aggregate limit; or
❑ $ per claim; and $ per policy aggregate limit
9.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed
to contain, the following provisions for Automobile Liability, Professional
Liability, and Commercial General Liability insurance:
9.3.1 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.
9.3.2 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 by certified mail, return receipt requested, has been given to the
City.
Professional Services Agreement — Cascade Earth Sciences (CES)
2015 Farm Operations Report Page 6 of 9
9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of not less than A: VII.
9.5 Verification of Coverage. Consultant shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of the Consultant before commencement of the work.
10. Nondiscrimination. In the performance of this Agreement, the Consultant will not
discriminate against any employee or applicant for employment on the grounds of race,
creed, color, national origin, sex, marital status, age or the presence of any sensory,
mental or physical handicap; provided that the prohibition against discrimination in
employment because of handicap shall not apply if the particular disability prevents the
proper performance of the particular worker involved. The Consultant shall ensure that
applicants are employed, and that employees are treated during employment in the
performance of this Agreement without discrimination because of their race, creed, color,
national origin, sex, marital status, age or the presence of any sensory, mental or physical
handicap. Consultant shall take such action with respect to this Agreement as may be
required to ensure full compliance with local, State and Federal laws prohibiting
discrimination in employment.
11. Covenant Against Contingent Fees. The Consultant warrants that it has not employed
nor retained any company, firm, or person, other than a bona fide employee working
exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid
or agreed to pay any company, person or firm, other than a bona fide employee working
exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, the City shall have the right to
terminate this Agreement.
12. Assignment and Subcontracting.
12.1 The City has awarded this Agreement to the Consultant due to its unique
qualifications to perform these services. The Consultant shall not assign (or
subcontract other than as specifically identified in Exhibit A) its performance
under this Agreement or any portions of this Agreement without the prior written
consent of the City, which consent must be sought at least thirty (30) days prior to
the date of any proposed assignment.
12.2 Any work or services assigned or subcontracted hereunder shall be subject to each
provision of this Agreement including Section 6, Public Records; Section 10,
Nondiscrimination; proper bidding procedures where applicable; and all local,
State and Federal statutes, ordinances and guidelines.
12.3 Any technical or professional service subcontract not listed in this Agreement,
must have prior written approval by the City.
Professional Services Agreement— Cascade Earth Sciences (CES)
2015 Faun Operations Report Page 7 of 9
13. Termination.
13.1 Termination for Convenience. Either party may terminate this Agreement for any
reason upon giving the other party no less than ten (10) business days written
notice in advance of the effective date of such termination.
13.2 Termination for Cause. If the Consultant fails to perform in the manner called for
in this Agreement, or if the Consultant fails to comply with any other provisions
of this Agreement and fails to correct such noncompliance within five (5)
business days of written notice thereof, the City may terminate this Agreement for
cause. Termination shall be effected by serving a notice of termination on the
Consultant setting forth the manner in which the Consultant is in default. The
Consultant will only be paid for services and expenses complying with the terms
of this Agreement, incurred prior to termination.
14. General Provisions.
14.1 For the purpose of this Agreement, time is of the essence.
14.2 Notice. Notice provided for in this Agreement shall be sent by:
14.2.1 Personal service upon the Project Administrators.
14.2.2 Certified mail to the physical address of the parties, or by electronic
transmission to the e-mail addresses designated for the parties below.
14.3 The Project Administrator for the purpose of this Agreement shall be:
14.3.1 For the City: Abmad Qayoumi, or his/her designee
Director of Public Works, City of Pasco
525 North 3d Avenue
Pasco, WA 99301
gavoumiaftasco-wa.gov
14.3.2 For the Consultant: Steven L. Venner, or his/her designee
Managing Scientist, Cascade Earth Sciences (CES)
12720 E. Nora Avenue, Suite A
Spokane, WA 99216-1197
steve.vennerAcascade-earth.com
15. Dispute Resolution.
15.1 This Agreement has been and shall be construed as having been made and entered
into and delivered within the State of Washington and it is agreed by each party
hereto that this Agreement shall be governed by the laws of the State of
Washington.
Professional Services Agreement- Cascade Earth Sciences (CES)
2015 Farm Operations Report Page 8 of 9
15.2 In the event of a dispute regarding the enforcement, breach, default, or
interpretation of this Agreement, the Project Administrators, or their designees,
shall first meet in a good faith effort to resolve such dispute. In the event the
dispute cannot be resolved by agreement of the parties, said dispute shall be
resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties
waiving the right of a jury trial upon trial de novo, with venue placed in Pasco,
Franklin County, Washington. The substantially prevailing party shall be entitled
to its reasonable attorney fees and costs as additional award and judgment against
the other.
16. Nonwaiver. 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
similar event or other provision of this Agreement.
17. Integration. This Agreement between the parties consists in its entirety of this document
and any exhibits, schedules or attachments verified by initials as a part of Exhibit A. Any
modification of this Agreement or change order affecting this Agreement shall be in
writing and signed by both parties.
18. Authorization. By signature below, each party warrants that they are authorized and
empowered to execute this Agreement binding the City and the Consultant respectively.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
CITY OF PASCO, WASHINGTON
'b
J� Dave Zabe ity Manager
D ATTEST:
Debbie Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
CONSULTANT
AA'4u,,�
Professional Services Agreement— Cascade Earth Sciences (CES)
2015 Farm Operations Report Page 9 of 9
January 6, 2015 CES A vabnontV con pAw
prove
Conserving Resources. Improving Life.
Ahmad Qayoumi
City of Pasco
P.O. Box 293
Pasco, WA 99301
SUBJECT: Proposal for the 2015 Farm Operations Report - City of Pasco, Washington
Dear Ahmad:
Cascade Earth Sciences (CES) is pleased to provide this proposal to prepare the 2015 Farm
Operations Report (2015 Report) to comply with special condition SS in the City of Pasco s (City)
State Waste Discharge Permit No. ST -5369 (Permit). The estimated 2015 Report cost in this
proposal is similar to years past because we expect similar effort for the upcoming report.
Background
The City treats process water from vegetable processing through a municipally -owned land
treatment irrigation system. The Permit requires a Farm Operations Report containing an Annual
Summary of Farm Operations for the previous year and a Cropping and Irrigation Schedule for the
upcoming year.
Objectives
This proposal has been prepared to provide a scope of work and cost to:
1. Prepare the 2015 Report, and
2. As needed, prepare a response to the Washington State Department of Ecology's (Ecology)
comments on the 2015 Report.
Scope of Work
CES will prepare an Annual Summary of Farm Operations for the previous year (2014) to include
appropriate text, tables, trend analyses, and supporting appendices to comply with the Permit.
This will include the City's monitoring information for 12 consecutive months from November 1,
2013 through October 31, 2014 (2014 farm operations). This time period is considered a typical
cropping year for the area. We will utilize and incorporate as much of the City's monitoring data
summary work as possible to control the costs.
We will prepare a Cropping and Irrigation Schedule for the upcoming year (2015) that includes the
appropriate text and tables to comply with the Permit. The Cropping and Irrigation Schedule will
provide the City's projected operations for the next 12 consecutive months from November 1, 2014
through October 31, 2015. The required information includes crops, yields, recent soil moisture
and nutrient levels (if available), projected frequency and timing of process water and
supplemental water application, and any planned leaching (to be determined) to control salt
buildup in the root zone. If actual flow and irrigation data since November 1, 2014 are available,
12720 E Nora Avenue, Suite A , Spokane, WA 99216-1197 1 P 509.921-0290 i F 509-921-1788 1 spokane@cascade-earth.com i vninvxascade-earth.com
Exhibit A
Ahmad Qayoumi - City of Pasco
Proposal for 2015 Farm Operations Report
January 6, 2015
Page 2
we will incorporate it into the projected 2015 water balances to improve the plan
representativeness.
CSS
Ecology often provides comments and question on the Farm Operations Report a few months after it
has been submitted. CES will respond to Ecology's comments and has budgeted up to 16 hours total
staff time to respond. We will provide a draft of the responses to the City for approval. After
incorporating City edits (if applicable), CES will submit the completed responses to Ecology on behalf
of the City.
Assumptions and Limitations
The following assumptions have been used to prepare the proposed scope of work and cost
estimate. Should differences from these assumptions be required or encountered, CES will discuss
the project cost implications with the City.
• CES will not need to make a site visit to complete the 2015 Report.
• CES will prepare the 2015 Report using the data and information provided by the City.
• The City will provide CES with the 2014 operating year and 2015 projected year
information in the same format as provided in previous years. (This maintains a lower cost
by allowing the same input structure for the report each year.)
• The City will provide CES with all required data by January 20, 2015.
• CES will not be held responsible for omissions in the 2015 Report resulting from a lack of
information provided to CES by the City.
• If Ecology requires substantial additional analyses or revisions, CES will assess the budget
with the City to determine if additional authorization is needed.
Project Cost
Total Estimated Project Cost. $9,788.00
CES will honor the quoted cost estimate for ninety (90) days from the date of this estimate and
thereafter reserves the right to make any necessary modifications.
Schedule
CES is prepared to begin work immediately upon authorization and will complete a draft of the
2015 Report for review and comment by the City a minimum of four weeks prior to the due date to
Ecology (April 25, 2015), provided all required data is submitted to CES by January 20, 2015. CES
will address the City's edits and comments and provide the City with a final report for review and
approval. CES will submit the 2015 Report to Ecology on behalf of the City on or before April 25,
2015.
Quality
CES is committed to providing quality products and services that consistently meet or exceed our
clients' expectations.
Ahmad Qayoumi - City of Pasco
Proposal for 2015 Farm Operations Report
January 6, 2015
Page 3
Safety
CPS
CES is committed to its safety mission: "A passion for world-class safety: excellence in execution,
employee commitment, innovation, exceptional communications—globally." CFS employees will
apply the principles of this mission to ensure that safety is a priority for the duration of the project
and for everyone involved in its completion.
Compensation
The attached cost estimate is not a lump sum. Total estimated costs are based on available
information used to develop the scope of work and are a "good faith" estimate of charges that will
not be exceeded without additional authorization by the City. Actual billings will be based on a
time and materials basis per the Schedule of Fees attached. CES reserves the right to change our
Schedule of Fees on a yearly basis to reflect inflation and any increase in the cost of conducting
business. Project related outside services and other direct expenses, as well as the markup
associated with these items, are included in the overall cost of the project. If variables unknown at
this time become apparent during the course of performing the services outlined and it is shown
that additional staff time, materials, testing, etc. will be required; CES will suspend work until a
revised Work Authorization has been signed by the City authorizing CES to proceed. The cost
quotes contained in this proposal do not include sales or other applicable taxes. If it is determined
that taxes are required, they will be in addition to cost quotes provided. All invoices net 30 days,
18% per annum.
Terms and Conditions
All work under this authorization shall be in accordance with the attached Terms and Conditions
1 through 12
If this proposal meets with your approval, please sign and return a copy of the signature page, or
provide us with a Purchase Order or Written Response referencing CES proposal number
P201423067 and the contract amount, as our authorization to proceed. Please retain a copy of this
proposal, with attached CES Schedule of Fees and Terms and Conditions, for your files.
If you have any questions, please do not hesitate to contact me at (509) 921-0290. Thank you for
allowing CES to serve the City of Pasco and we look forward to continuing our work with you.
Sincerely,
CASCADE EARTH SCIENCES
Steven L. Veneer
Managing Scientist
SLV/sjr:ccm:sjr
Enc: Schedule of Fees
Terms and Conditions
PN: P201423067
Dor. P201423067 City of Pasco 2015 Farm Rpt Proposal.docx
Ahmad Qayoumi - City of Pasco
Proposal for 2015 Farm Operations Report
January 6, 2015
Page 4
Authorization for CES to Provide Services
�J
CES is authorized to provide the services outlined for the estimated cost of $9,788.00. I understand
this is an estimate of the project costs and that the estimate will not be exceeded without additional
authorization. I also understand the scope of work, compensation, and terms and conditions
provided in the proposal.
Reviewed and
Authorized
Signature Date
Name/Title of Signer (pleasA print or type)
Compan (if other than Client)
We have several invoicing options available. If you have special invoicing needs, please contact
Dawn Nelson at (541) 812-6617 or dawn.nelson@cascade-earth.com. If you would prefer to have
us contact someone in your organization, please feel free to provide their contact information
below:
Cascade Earth Sciences
A vaknorrt V coMPnrir
SCHEDULE OF FEES
Professional Services*
• Administrative Support / Field Technician
• Administrative Coordinator
• Technician / Drafter / Technical Editor
• Technician II / Engineering Designer
• Environmental Scientist
• Staff
• Staff II
• Project
• Project 11
• Senior
• Senior II
• Managing
• Managing II
• Principal
• Expert testimony @ 150% of the above rates
$58/hour
$70/hour
$79/hour
$86/hour
$90/hour
$93/hour
$100/hour
$108/hour
$117/hour
$130/hour
$138/hour
$146/hour
$157/hour
$188/hour
*Professional staff including soil scientists, hydrologists, geologists, engineers, biologists, and
contract administrators
Reimbursables
Expenses associated with the performance of services, including but not limited to:
• CES -owned equipment, meals and lodging, and project materials as proposed
• Mileage @ $0.64/mile ($0.74 for 1/2 --ton vehicle or larger)
Outside Services
Subcontracted services and equipment rental as proposed.
Taxes
Sales and other applicable taxes will be charged when necessary to meet tax requirements.
Payment
Invoices are to be paid within 30 days from date of invoice.
Interest on late payments @ 18% per annum.
CPS A vabwmt V COMPANY
TERMS AND CONDITIONS C awm%R��knprmingu&
1.0 PAYMENT TERMS — AB invoices are due within 30 days from the date of the invoice. A finance charge of 1.5% may be
assessed on the unpaid balance if payment is not received within the 30 -day period.
2.0 CREDIT APPROVAL — CES reserves the right to deny any signed contract based upon credit evaluation by CES Cred-
it/Collections department Client will be notified in writing of such credit denial.
3.0 NOTICE — Any notice to be given under this Authorization shall be delivered in person or mailed to the representative
executing the Authorization Every notice so given shall be effective when received.
40 APPLICABLE LAWS — Both parties to this Authorization shall at all times comply with applicable laws, ordinances,
statutes, Hiles or regulations including those relating to wage, hours, fair employment practices, anti -discrimination and project
specific safety plans.
5.0 INSURANCE — CES maintains comprehensive liability coverage with a million dollar funit. Workers compensa-
tion/employers liability is maintained as required by law. Specific project insurance requirements are negotiated as required.
6.0 INDEMNIFICATION — Client shall indemnify and hold harmless CES from and against all claims and actions, includ-
ing all expenses incidental to such claims and actions, based on or arising out of, damages or injuries to persons or property to
the extent such claims and actions are not caused by the sole negligence of CES.
CES shall indemnify and hold hamiless Client from and against all claims and actions, including all expenses incidental to such
claims and actions, based on or arising out of, damages or injuries to persons or property caused by the sole negligence of CES.
7.0 LIMITATION OF LIABILITY — CES liability under this Authorization shall be limited to terms of its insurance cover-
age. Professional liability is limited to the amount of this Authorization In no event shall CES have any liability for loss of use,
profit, revenue, consequential, indirect, incidental, special, punitive or exemplary damages or environmental impairment. CFS
reserves the right to maintain project files no longer than 7 years after closure of project.
&0 PREVAILING PARTY — In the event that the Client makes any claim against and the Client fails to prove such claim
upon final adjudication, then the Client shall pay all costs incurred by CES in defending itself against the claim, including but
not limited to, the cost of the CES employees time, attorney fees, court costs, and other claim related expenses. If CES institutes
collection proceedings for late payments, the award shall include a sum for reasonable collection costs.
9.0 NOTICE TO STOP WORK OR RIGHT TO FILE LIEN —In the event the account becomes delinquent (60.90 days out-
standing from the date of the invoice) CES will pursue collections and work will be stopped on project Nothing herein shall
prevent from timely filing of a lien on its own behalf to secure payment of the money due under this work authorization,
should it be deemed necessary.
10.0 CONFIDENTIALITY — Both parties agree not to disclose to third parties confidential information, proprietary infor-
mation or trade secrets which have been provided to the other, which have not been previously disclosed to outside thud par-
ties or which is not in the public domain without the other parties prior written permission. Project summaries may be used for
educational and marketing purposes, unless client requests confidentiality in writing. Private clients will not be referenced by
name without written permission.
11.0 GOVERNING LAW — These terms and conditions shall in all respects be interpreted and construed and the rights of the
parties hereto shall be governed by the laws of the State of Oregon. In the event any term or revision of these conditions is held
to be illegal or in conflict with any law of the state where made, the validity of the remaining provisions shall not be effected
and these terms shall be construed and enforced as if they did not contain the particular term or provision
12.0 ACCESS TO PROPERTY - LOCATION OF UNDERGROUND FACILITIES — It is the sole responsibility of the Client
to ensure that CES access to the property is granted by all parties involved. Also, the Client is responsible for determining if
excavations, borings, etc. which are proposed by CFS are in an area that will not affect or be impacted by buried utilities, tanks,
or other objects of functional value.
Any CES contract may be canceled for nonpayment of fees and all CES duties, expressed or implied by the contract, are revoked at cancellation