HomeMy WebLinkAboutAMEC Environment and Infrastructure CITY OF * '
r _
WASHINGTON
Agreement for Services
This Agreement is made effective as of4 to c:� , 2013, by and between AMEC ENVIRONMENT &
INFRASTRUCTURE, Inc. ("AMEC")an the CI Y 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 conducting Phase I
Environmental Site Assessment services.
2. PAYMENT. For services delivered under the Scope of Work, the CITY agrees to pay AMEC a fee of$5,200.
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 $5,200.
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 February 22,
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 negligent 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
negligent 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
Page 1 of 3
AUBURN * MORE THAN YOU IMAGINED
RCW', solely I'u►- the purposes of this indcnuiifwation. This waiver has been muivally negotiaied by ilie
Parties. The provisions of this section shall survive the expiration or termination of this Agreement.
S. 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 hereunderby 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 additional insured
under AMEC'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 and Commercial General Liability insurance:
1. 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.
10. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be deemed
Page 2 of 3
delivered when delivered in person or deposited in the VlllteLI States mail, postage prepaid, addressed as follows:
IF to AMEC: IF to the CITY:
Meg Strong, LG Kevin H. Snyder,AICP
Senior Associate Planning and Development Director
AMEC Environment&Infrastructure, Inc. City of Auburn
I 1810 North Creek Park,way North 25 W. Main Street
Bothell,WA 98011 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
party's g
Agreement shall not be construed as a waiver or limitation of that P a 's ri ht 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 ve rea a above statements, understand them and agree to abide by their terms.
Signed: Signed:
Date: �/r /�y�� Date: �� Z 2/Z O)3
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
v
• Review of available historical documentation: A review of historical documentation will be
performed for the Site and surrounding areas to evaluate for potential RECs. The review may
include aerial photographs, tax assessment records, historical maps, city directories, available
building/water permits. AMEC intends to review property uses back to 1940, or to first
developed use of the Site as is reasonably ascertainable.
• Interviews: AMEC will interview key property managers and other individuals, as available,
including past and present owners and operators who are likely to have material information
regarding current and/or past uses and operations of the Site. It is assumed that names and
contact information of these individuals will be provided by Client staff.
• Property and vicinity reconnaissance: A physical reconnaissance of the Site and
observation of surrounding properties for unusual land colorations, physical irregularities,
noticeable refuse piles, evidence of aboveground and underground fuel or chemical storage
tanks, and an evaluation of current land use on the Site and in the immediate vicinity will be
performed. Client staff will be notified at least 1 day in advance of the visit to ensure the Site is
accessible.
• Review of federal, state, tribal, and local environmental records: A review of federal,
state, tribal, and local environmental records will include, where available:
— EPA Resource Conservation and Recovery Act (RCRA) hazardous waste generators
(Property and adjoining properties)
— RCRA Corrective Action Properties (CORRACTS) Treatment, Storage, and Disposal
(TSD) facilities (1-mile radius)
— RCRA non-CORRACTS TSD facilities list (0.5-mile radius)
— Comprehensive Environmental Resource Conservation and Liability Information System
(CERCLIS) listing (0.5-mile radius)
— CERCLIS No Further Remedial Action Plan (NFRAP) list (0.5-mile radius)
— National Priority List (NPL) (1-mile radius)
— Delisted NPL (0.5-mile radius)
— Emergency Response Notification System (ERNS) list (Property only)
— Washington State Department of Ecology (Ecology) Environmental Cleanup Property
Information System (ECSIS) and tribal equivalent (0.5-mile radius)
— Ecology equivalent to NPL and tribal equivalent (1 mile radius)
AMEC
Proposal No.91P-21796 Printed on recycled paper 2
\\SEA-FS1\Shared\_Marketing\02_Proposals\22000\22005 City of Auburn\Phase I ESA City_of_Auburn-01162013-2.docx
a - e c
- Ecology Underground Storage Tank (UST) Cleanup list and tribal equivalent (0.5-mile
radius)
— Ecology Registered Aboveground Storage Tank (AST) and UST lists and tribal equivalent
(Property and adjoining properties)
— Ecology State Landfill and/or solid waste disposal Property lists and tribal equivalent
(0.5-mile radius)
— Ecology Voluntary Cleanup List and tribal equivalent (0.5-mile radius)
— Federal and State and Tribal Institutional Controls, Engineering Controls, and Land Use
Restrictions (Property only)
— Other state and local environmental lists, as appropriate (Property only)
• User Provided Information: As part of completing a Phase I ESA according to the EPA's AAI
Rule and ASTM Standard El 527-05, the Client or the current property owner will need to
provide the following information to AMEC through a questionnaire for the Site that AMEC will
provide:
— Identification of Environmental Liens associated with the Property.
Environmental liens may be identified through a chain of title review or may be provided
through a property appraisal. AMEC can provide this service for an additional fee.
Otherwise, this information may already be available through the existing property broker
or manager.
— Consider Purchase Price vs. Fair Market Value of the Property.
Typically the User must consider the purchase price compared with the fair market value of
the Property, if the Property were not affected by contamination.
— Consider Specialized Knowledge.
Specialized knowledge that the Client or the current property owner may have regarding
the Property or operations at the Property must be considered. This would include inherent
information the owner or Client staff might have because of similar projects they own or
operate or because of the type of work performed at the Property for which the Client may
be familiar.
— Consider Commonly Known Information about the Property.
Commonly known information about the Property must be considered by the Client and/or
the current property owner and AMEC. Commonly known information could be identified
through interviews, website information, newspaper articles, and other information
commonly and publicly known about the Property.
AMEC
Proposal No.91 P-21796 Printed on recycled paper 3
\\SEA-FS1\Shared\_Marketing\02_Proposals\22000\22005 City of Auburn\Phase I ESA City_of_Auburn-01162013-2.docx
amec�
— Consider the Degree of Obviousness of Contamination.
Both the Client staff and AMEC must consider all of the information obtained during the
Phase I ESA and form an opinion regarding the degree of obviousness of contamination at
the Property.
• Review of published literature on the soils, geology, and hydrogeology in the vicinity of
the Property. AMEC will obtain the soils, geology, and hydrogeology information from existing
databases or the AMEC geotechnical study if available.
• Phase I ESA narrative report. The Phase.I ESA report will include vicinity and site-specific
maps, opinion, discussion, and conclusions. The conclusions will summarize our findings with
respect to potential environmental liability. The report also will include a statement on the
qualifications of the individuals at AMEC who performed the Phase I ESA as Environmental
Professionals. The report will include a statement that AN was performed in conformance with
the standards and practices set forth in 40 CFR Part 312.
SCHEDULE
AMEC can begin work immediately upon-receipt of a written authorization to proceed. The final
Phase I ESA Report will be submitted electronically to you approximately 15 business days after the
authorization to proceed, provided access to the Site is made available within 5 days of authorization.
Unless otherwise requested, two hard copies and one electronic copy of the final reports will.be
mailed to your office within 20 business days of contract execution.
ASSUMPTIONS
1. City of Auburn will provide all rights of access, if applicable.
2. Fieldwork includes reconnaissance level survey only for evaluation of visible evidence of
RECs.
LIMITATIONS
Our Phase I ESA scope of,work does not include title searches, asbestos-containing building material
surreys, lead-containing paint surveys, mold surveys, soil or groundwater sampling, or wetlands
determinations and delineations. AMEC can provide these services, if requested, under separate
cover. A Phase I ESA does not guarantee an environmentally "clean" Property, but rather gives a
preliminary indication of whether further environmental work may be needed by utilizing available data
from the area. If further work is recommended, a Phase II ESA will be proposed under separate.
contract.
AMEC
Proposal No.91P-21796 Printed on recycled paper 4
\\SEA-FS1\Shared\_Marketing\02_Proposals\22000\22005 City of Auburn\Phase I ESA City_of_Auburn-01162013-2.docx
amec�
The Phase I will be limited to accessible areas of the Property. AMEC will be unable to assess
environmental risks in areas where access is prohibited due to excessive vegetation or physical
barriers.
COST ESTIMATE
All work will be conducted on a lump-sum basis in accordance with negotiated City of Auburn
Services Agreement. The cost to perform the Phase I ESA for the Site is $5,200. 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.
If this proposal is acceptable, please advise and we will sign and mail to you the negotiated City of
Auburn Services Agreement.
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 Environment& Infrastructure, Inc.
Meg Strong, LG
Senior Associate
AMEC
Proposal No.91 P-21796 Printed on recycled paper 5
\\SEA-FS1\Shared\_Marketing\02_Proposals\22000\22005 City of Auburn\Phase I ESA City_of_Auburn-01162013-2.docx