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HomeMy WebLinkAboutAMEC WASHINGTON G 1 A WAS N L Agreement for Services This Agreement is made effective as of I ri. t 0 , 2012, by and between AMEC ENVIRONMENT & INFRASTRUCTURE, Inc. ("AMEC")and the CITY OF AUBURN("CITY"). The parties agree as follows: 1. DESCRIPTION OF SERVICES. AMEC agrees to provide the consulting services set forth in the Scope of Work attached hereto at Exhibit A, by this reference made a part hereof, for the purpose of a limited Phase II ESA Investigation. 2. PAYMENT. For services delivered under the Scope of Work, the CITY agrees to pay AMEC a not to exceed fee of $24,950. Notwithstanding its rate and payment provisions contained in its proposal for services, AMEC understands and agrees that payments must go through City Council authorization at a regularly scheduled Council .meeting and as such, payment shall only occur after this authorization has been received. Under no circumstances shall the total fee paid by the CITY to AMEC under either payment option herein, inclusive of any and all authorized reimbursable expenses, exceed $24,950. 3. EXPENSE REIMBURSEMENT. AMEC shall pay all "out-of-pocket" expenses, and shall not be entitled-to reimbursement from the CITY except for specific services, items or activities listed in the Scope of Services as reimbursable goods or services. 4. TERM/TERMINATION. A. This Agreement is effective upon both parties' signatures, and expires at 11:59 p.m. on January 15, 2013 or upon completion of AMEC'S services, whichever is earlier, unless extended by mutual agreement prior to the completion of all services. B. Either party may terminate the Agreement by notifying the other party in writing within seven (7) days of the intent to terminate. If this Agreement is terminated, CITY shall pay AMEC for all work performed as of the date of termination. 5. RELATIONSHIP OF PARTIES. AMEC is an independent contractor with respect to the City of Auburn, and not an employee of the CITY. The CITY will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of AMEC. 6. EMPLOYEES. The provisions of this Agreement shall also bind AMEC employees who perform services for the CITY under this Agreement. 7. INDEMNIFICATION/HOLD HARMLESS. AMEC shall defend,indemnify and hold the CITY,its officers,officials,employees and volunteers harmless from any and all claims,injuries,damages, losses or suits including attorney fees,arising out of or resulting from the acts,errors or omissions of AMEC in performance of this Agreement,except for injuries and damages caused by the sole negligence of the City. The CITY shall defend,indemnify and hold AMEC,its officers,officials,employees and volunteers harmless from any and all claims,injuries,damages,losses or suits including attorney fees,arising out of or resulting from the acts,errors or omissions of the CITY in performance of this Agreement,except for injuries and damages caused by the sole negligence of AMEC. In the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of AMEC and the City, its officers, officials, employees, and volunteers, (collectively the "Parties") the Parties' liability hereunder shall be only to the extent of each Party's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Parties waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this Page 1 of 3 AUBURN * MORE THAN YOU IMAGINED � � � �� � �� ' � � F indemnification. This waiver has been mutually negotiated by the Parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. INSURANCE. AMEC 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 AMEC, its agents, representatives, or employees. A. Minimum Scope of Insurance: AMEC shall obtain insurance of the types described below: 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. 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 AMEC NW's Commercial General Liability insurance policy with respect to the work performed for the CITY under this Agreement. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to AMEC's profession. B. Minimum Amounts of Insurance: AMEC shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. 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: I. AMEC'S insurance coverage shall be primary insurance as respect to the CITY. Any insurance, self-insurance, or insurance pool coverage maintained by the CITY shall be excess of AMEC'S insurance and shall not contribute with it. 2. AMEC'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. D. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. E. Verification of Coverage: AMEC shall furnish 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 AMEC before commencement of the work. 9. ASSIGNMENT. AMEC's obligations under this Agreement may not be assigned or transferred to any other person, firm, or corporation without the prior written consent of the CITY. Page 2 of 3 10. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows: IF to AMEC: IF to the CITY: Meg Strong, LHG Elizabeth Chamberlain,AICP Senior Associate Planning Manager AMEC Environment&Infrastructure, Inc. Planning and Development Department 11810 North Creek Parkway North City of Auburn Bothell, WA 98011 25 W. Main Street Auburn, WA 98001 Such address may be changed from time to time by either party by providing written notice to the other in the manner set forth above. 11. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. 12. AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties. 13. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable,then such provision shall be deemed to be written, construed,and enforced as so limited. 14. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. 15. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Washington. Venue for any court action shall be in King County, Washington. The undersigned have read the above statements,understand them and agree to abide by their terms. Signed: v Signed: Date: DEC 5 2012 Date: 12��°�/z Address: 25 West Main Street / Address: 11810 North Creek Parkway North Auburn, WA 98001 Bothell, WA 98011 Phone: 253-931-3041 Phone: (425)368-1000 Page 3 of 3 Exhibit A am . December 3, 2012 Proposal No. 91P-21933 rev2 Ms. Elizabeth Chamberlain, AICP City of Auburn Planning and Development Department 25 West Main Street Auburn, Washington 98001-4998 Subject: Proposal to Undertake a Limited Phase II ESA Investigation One Full City Block and One Part of a City Block between A Street SW/SE, 2nd Street SW/SE, South Division Street, and A Street SW/SE Auburn, Washington Dear Ms. Chamberlain: AMEC Environment& Infrastructure, Inc. (AMEC), has prepared this proposal at the request of the City of Auburn (City). This proposal provides a scope and cost to review a Phase II Environmental Site Assessment (ESA) that was previously undertaken on one city block between Division Street South, 2nd Street SW, A Street SW, and 1 st Street SW and undertake a limited Phase II ESA on one city block between Division Street South, 2nd Street SE, A Street SE, 1 st Street SE, and part of the previously referenced block in Auburn, Washington (Site). SCOPE OF WORK The scope of work is presented in two tasks. Task 1 addresses the review of the previous Phase II ESA documentation and Task 2 addresses the limited Phase II ESA on the Site. TASK 1 AMEC staff will review a Phase II ESA provided by the City that provides detail on work undertaken on six parcels within the block bounded by 1st Street SW, 2nd Street SW, Division Street S, and A Street SW. The data from the Phase II ESA will be used to refine the boring locations and the analytical suite proposed in Task 2 below. TASK 2 AMEC will undertake a limited Phase II ESA investigation on the Site. Based on Phase I and II ESA information previously provided by the City for the area of the Site, AMEC proposes to use a push probe rig to drill up to 13 borings to a depth of 20 feet below ground surface (bgs). The proposed boring locations are shown on the attached figure and are subject to change based on the position of utilities and the findings from Task 1. AMEC Environment&Infrastructure,Inc. 11810 North Creek Parkway N Bothell,Washington 98011 (425)368-1000 Phone (425)368-1001 Facsimile www.amec.com \\SEA-FS1\SharedN_Marketing\02_Proposals\21000\21933 City of Aubum\City of Aubum Ltd Phase 11 121203.docx ame& AMEC will procure a drilling company, a private utility locate company, and a laboratory for this task. The proposed position of the borings will, in part, be determined as part of Task 1. The borings will be drilled to 20 feet bgs and soil samples will be collected from any areas where there are olfactory or visual evidence of contamination at the soil/water interface. Shallow groundwater is anticipated at approximately 9 to 11 feet bgs. If groundwater is encountered, grab samples will be collected and held pending the findings from the soil analytical tests. No more than three groundwater samples will be analyzed. All samples will be collected in properly labeled laboratory-prepared sample containers. Sample labels will include sample identification, site, date, time, preservatives added, requested analyses, and the sample collector's initials. Up to 14 primary samples, one duplicate sample, and one trip blank sample will be submitted to TestAmerica Laboratory in Tacoma for analysis on standard turnaround. The samples will be analyzed for: • Gasoline range hydrocarbons by Ecology Method Northwest TPH—G (NWTPH-G) and benzene, toluene, ethylbenzene and xylenes (BTEX) by US Environmental Protection Agency (EPA) Method 8260B (no more than 14 soil samples); • Diesel range hydrocarbons by Ecology Method Northwest TPH—Dx (NWTPH-Dx)with silica gel cleanup (no more than 14 soil samples); • Volatile organic compounds (VOCs) by EPA Method 8260B (no more than three soil samples); and • Dissolved and total metals by EPA Method 6020 (no more than five soil samples). Sampling equipment will be decontaminated between sample intervals and boring locations using an alconox/distilled water mixture. Potentially contaminated solids, principally soil cuttings, and purged groundwater and water used for decontamination, called investigation derived waste (IDW), will be generated during the course of the field investigation. Two 55-gallon drums with soil cuttings and two 55-gallon drums with water are expected to be generated during the drilling and sampling. The drums will be disposed upon receipt of the sample analytical results. One soil sample from the drum of soil cuttings will be analyzed for RCRA 8 metals. On receipt of the laboratory data, a Limited Phase II report will be generated. Pertinent information from Task 1 will be included into the background section of the Limited Phase II report. The report will include: AMEC Proposal No.91 P-21933 rev 2 2 \\SEA-FS1\Shared\_Marketing\02_Proposals\21000\21933 City of Aubum\City of Aubum Ltd Phase 11 121203.docx ame • Field procedures; • Results of the sampling; • Sampling locations figure; • Tables; • Boring logs; and • Laboratory analytical report with limited data validation report. It is assumed that the report will be reviewed once and any edits incorporated before the report is finalized. The draft report will be provided electronically. Two paper copies and one electronic copy of the final report will be provided. SCHEDULE AMEC understands that time is of the essence on this project and that work must be completed and billed by January 15, 2013. AMEC will begin work immediately upon receipt of a written authorization to proceed. Drilling will commence within 1 week of authorization to proceed, subject to the availability of the drilling rig. The draft report for the site investigation will be provided 3 weeks after receipt of the analytical data. A final document will be provided within 5 days of receiving any review comments. Unless otherwise requested, two hard copies, and one electronic copy of the final report and letter will be mailed to your office. COST ESTIMATE All work will be conducted on a time and materials basis based on the attached 2012 rate schedule (with markup reduced to 10% on subcontractors) and will be in accordance with your Services Agreement. The time and materials cost to perform Task 1, report review, is estimated to be $1,000 and Task 2, site investigation, is estimated to be $23,950 for a total of$24,950. No work will be performed outside this scope of work without your verbal or written authorization. If special circumstances or delays (not attributed to AMEC) are encountered, you will be notified immediately; any perceived change orders will be communicated to you as quickly as possible. ASSUMPTIONS AND LIMITATIONS Prior to conducting subsurface work at the Site, AMEC will make reasonable attempts to locate underground structures or utilities in the immediate work area. The efforts of AMEC will include contacting both public and private locating services. In addition, AMEC strongly advises that subsurface activity locations be reviewed with the current Site owner or a representative of the owner. AMEC Proposal No.91 P-21933 rev 2 3 \\SEA-FS1\Shared\_Marketing\02_Proposals\21000\21933 City of Aubum\City of Aubum Ltd Phase 11 121203.docx ame& In addition, it is the responsibility of the client to provide AMEC with an accurate map of subsurface structures and/or utility locations. Because AMEC has no control over the location of underground structures or utilities, AMEC will not accept liability for damaged or impaired underground structures or utilities, or consequential damages resulting from damage to underground structures or utilities, which occur as a result of subsurface activities when AMEC has not been provided with a map accurately depicting their locations. In addition to the assumption in the scope of work above, the scope of work and estimated costs are based on the following assumptions: • AMEC is provided with unfettered access to the Site. • Fieldwork will be conducted sometime Monday to Friday between the hours of 8 am and 7 pm and will require no more than 1 day for two field staff. • Laboratory samples will be turn around on a standard ten business day schedule. • Soil cuttings and purge water will be disposed as non-hazardous. • No additional meetings or discussions are required. • The laboratory and drillers cost estimate are based on 2012 rates. CLOSURE AMEC appreciates the opportunity to be of assistance with this proposal. If you have any questions or comments, or require additional information, please do not hesitate to call us at (425) 368-1000. Sincerely, AMEC Env' onment& Infrastructure, Inc. Meg Strong, LHG Kathleen Goodman, LHG Senior Associate Principal Attachment: 2012 Rate Schedule Figure1. Proposed Boring Locations AMEC Proposal No.91 P-21933 rev 2 4 \\SEA-FS1\Shared\_Marketing\02_Proposals\21000\21933 City of Aubum\City of Aubum Ltd Phase 11 121203 doex amen AMEC ENVIRONMENT&INFRASTRUCTURE,INC. ENVIRONMENTAL&GEOTECHNICAL SERVICES RATE SCHEDULE The hourly labor rates set forth below are valid through December 31, 2012, and are subject to annual revision thereafter.AMEC Environment& Infrastructure, Inc.(AMEC)will provide CLIENT thirty days advance written notice of any such revisions. PROFESSIONAL SERVICES CLIENT agrees to reimburse AMEC for all hours worked by professionals at the following classifications and associated hourly labor rates. For expert witness testimony and related services in connection with litigation, CLIENT agrees to reimburse AMEC for all hours worked by professionals at the following classifications,but at 1.5 times the associated hourly labor rates. Classification Rate/Hour Classification Rate/Hour Professional Level 4 $70.00 Professional Level 16 $155.00 Professional Level 5 $80.00 Professional Level 17 $160.00 Professional Level 6 $85.00 Professional Level 18 $165.00 Professional Level 7 $90.00 Professional Level 19 $170.00 Professional Level 8 $100.00 Professional Level 20 $175.00 Professional Level 9 $105.00 Professional Level 21 $180.00 Professional Level 10 $110.00 Professional Level 22 $200.00 Professional Level 11 $115.00 Professional Level 23 $250.00 Professional Level 12 $120.00 Professional Level 24 $250.00 Professional Level 13 $130.00 Professional Level 25 $250.00 Professional Level 14 $140.00 Professional Level 26 $250.00 Professional Level 15 $150.00 TECHNICIAN SERVICES CLIENT agrees to reimburse AMEC for all hours worked by technicians at the following classifications and associated hourly labor rates. Overtime rates will apply for time over 8 hours per day or for work on weekends and holidays. Classification Rate/Hour Overtime Classification Rate/Hour Overtime Technician Level 7 $55.00 $82.50 Technician Level 12 $80.00 $120.00 Technician Level 8 $58.00 $87.00 Technician Level 13 $85.00 $127.50 Technician Level 9 $60.00 $90.00 Technician Level 14 $90.00 $135.00 Technician Level 10 $65.00 $97.50 Technician Level 15 $95.00 $142.50 Technician Level 11 $70.00 $105.00 Technician Level 16 $100.00 $150.00 ADMINISTRATIVE SERVICES CLIENT agrees to reimburse AMEC for all hours worked by administrative staff at the following classifications and associated hourly labor rates. Overtime rates will apply for time over 8 hours per day or for work on weekends and holidays. Classification Rate/Hour Overtime Classification Rate/Hour Overtime Administrative Level 4 $45.00 $67.50 Administrative Level 8 $75.00 $112.50 Administrative Level 5 $60.00 $90.00 Administrative Level 9 $80.00 $120.00 Administrative Level 6 $65.00 $97.50 Administrative Level 10 $90.00 $135.00 Administrative Level 7 $68.00 $102.00 MISCELLANEOUS EXPENSES-6%of Labor and Unit Charges CLIENT agrees to reimburse AMEC for miscellaneous office equipment expenses incurred, such as consumable supplies, telephone and facsimile charges,and computer and software costs,etc.,not otherwise invoiced as other direct expenses,at the rate of 6%of labor. OTHER DIRECT EXPENSES CLIENT agrees to reimburse AMEC for all other direct expenses incurred at the following rates, except as otherwise specified by AMEC in its proposal: Travel Expenses- Transportation(air travel,car rental,etc.),lodging,meals,and incidental expenses Cost Plus 15% Mileage IRS Rate Subcontract Expenses- Supplies or services furnished to AMEC in support of project activities by any supplier or firm, Cost Plus 15% except temporary agency or consultant staff charged at above hourly rates Direct Expenses- Other expenses in support of project Cost Plus 15% - fit` iw�r•,I ?^ 1 e+ � e� - , e� •f� I s' E O t0 OI N �. , � { N O LEGEND 9 0 0 PROPOSED BORING LOCATION 0 70 140 280 U SCALE IN FEET N i N CLIENT LOGO CLIENT N I AMEC Environment & Infrastructure E s 11810 North Creek Parkway North ame Bothell,WA,U.S.A.98011-8201 0 PROJECT DWN BY: DATUM: DATE: L` 1ST/2ND/A/DIVISION STREETS INVESTIGATION SRS NONE NOVEMBER 2012 r E CHK'D BY: REV.NO.: PROJECT NO: m MS $ PROPOSED BORING LOCATIONS PROJECTION: SCALE: FIGURE No. NONE AS SHOWN i i5