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HomeMy WebLinkAboutAG-C-467 Amec Foster WheelerA * //AA..��CITY OF .-�� / x a' -��� WASHINGTON AG -C -467 Agreement for Set-vices Z. � v C1 This Agreement is made effective as of I ( 2015, by and between AMEC FOSTER WHEELER ENVIRONMENT & INFRASTRUCTURE, Inc. ( "AMEC FOSTER WHEELER ") and the CITY OF AUBURN ( "CITY "). The parties agree as follows: 1. DESCRIPTION OF SERVICES. AMEC FOSTER WHEELER 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 Regulated Materials Abatement Specifications and Asbestos Abatement Monitoring services. 2. PAYMENT. For services delivered under the Scope of Work, the CITY agrees to pay AMEC FOSTER WHEELER a fee of $4,969. Notwithstanding its rate and payment provisions contained in its proposal for services, AMEC FOSTER WHEELER 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 FOSTER WHEELER under either payment option herein, inclusive of any and all authorized reimbursable expenses, exceed $4,969. 3. EXPENSE RELMBURSEMENT. AMEC FOSTER WHEELER 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. TERMITERM I NATION. A. This Agreement is effective upon both parties' signatures, and expires at 11:59 p.m. on December 31, 2015 or upon completion of AMEC FOSTER WHEELER'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 FOSTER WHEELER for all work performed as of the date of termination. 5. RELATIONSHIP OF PARTIES. AMEC FOSTER WHEELER 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 FOSTER WHEELER. 6. EMPLOYEES. The provisions of this Agreement shall also bind AMEC FOSTER WHEELER employees who perform services for the CITY under this Agreement. 7. INDEMNIFICATION / HOLD HARMLESS. AMEC FOSTER WHEELER 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 FOSTER WHEELER 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 FOSTER WHEELER, 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 FOSTER WHEELER. 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 FOSTER WHEELER and the City, its Page 1 of 4 AUBURN * MORE THAN YOU IMAGINED AG -C -467 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, Tide 51 RCW, solely for the purposes of this 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 FOSTER WHEELER 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 FOSTER WHEELER, its agents, representatives, or employees. A. Minimum Scope of Insurance: AMEC FOSTER WHEELER shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non - uwned, 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 FOSTER WHEELER'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 die State of Washington. 4. Professional Liability insurance appropriate to AMEC FOSTER WHEELER's profession. B. Minimum Amounts of Insurance: AMEC FOSTER WHEELER shall maintain the following insurance limits: 1. Automobile Liabilitv 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 arc to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: AMEC FOSTER WHEELER'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 FOSTER WHEELER'S insurance and shall not contribute with it. 2. AMEC FOSTER WHEELER'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: V II. Page 2 of 4 AG -C -467 E. Verification of Coverage: AMEC FOSTER WHEELER 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 FOSTER WHEELER before commencement of the work. 9. ASSIGNMENT. AMEC FOSTER WHEELER'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 delivered when delivered in person or deposited in the United Slates mail, postage prepaid, addressed as follows: IF to AMEC FOSTER WHEELER: IF to the CITY: Meg Strong, LG Kevin H. Snyder, AICP Principal Planning and Development Director Amec Foster Wheeler Environment & Infrastructure, Inc. City of Aubum 11810 North Creek Parkway North 25 W. Main Street Bothell, WA 98011 Auburn, WA 98001 Such address may he 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. SEVERAIIILITY. 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 CON'TRACT'UAL 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: Date'. �� �D S Address: 25 West Main Street Signed: Date: Address: 11810 North Creek Parkway North Page 3 of 4 AG -C -467 Auburn, WA 98001 Bothell, WA 98011 Phone: 253- 931 -3041 Phone: (425) 368 -1000 Page 4 of 4 AG -C -467 June 4, 2015 _�Vx\ L Proposal No. 91P -22765 amec 3 foster Mr. Jacob Sweeting wheeler Assistant City Engineer City of Auburn Public Works Department 25 West Main Street Auburn, Washington 98001 Subject: Proposal for Regulated Materials Abatement Specifications and Asbestos Abatement Monitoring City of Auburn Parks, Arts, and Recreation Administrative Office 910 9th Street SE Auburn, Washington 98002 Dear Mr. Sweeting: At your request, Amec Foster Wheeler Environment & Infrastructure, Inc. (Amec Foster Wheeler), is pleased to submit this proposal to prepare regulated materials abatement specifications and to conduct asbestos abatement monitoring for the City of Auburn Parks, Arts, and Recreation Administrative Office building located at 910 91h Street SE in Auburn, Washington (Site). Amec Foster Wheeler understands that the City of Auburn plans to renovate the 8,500 square foot (SF) one -story building and turn it into a Teenager Recreation and Activity Center. The structure was built in 1977 and was last remodeled in 2011. The City of Auburn also plans to build a new structure on an adjacent vacant lot and connect it to the current structure. Amec Foster Wheeler conducted a Limited Asbestos and Other Regulated Materials Survey of the Site building on October 23, 2014. Amec Foster Wheeler's survey identified asbestos - containing building materials that have to be abated prior to the renovation project. The City of Auburn has requested that Amec Foster Wheeler prepare regulated materials abatement specifications (asbestos, lead paint, PCB containing light ballasts, and mercury containing materials) and to conduct abatement monitoring during the asbestos abatement project. TASK 01 — SPECIFICATION PREPARATION SERVICES Amec Foster Wheeler assumes that the City of Auburn will prepare the Division 0 & 1, contract documents portion of the specification package. Amec Foster Wheeler will prepare technical specifications for the project, including: 1) Division 1 Section 01315 — Regulated Materials Abatement Submittals 221 South 28" Street, Suite 102 Tacoma, WA 98402 (253) 572 -0516 w amecfw.Cem u SEAF514Sharea \_Markeung\02_Proposais @2000122765 City of A bum \City of Auburn- Speci0cabons Oversight Prop osa1150604doc AG -C -467 2) Division 2 i) Section 02085 — Asbestos Abatement (including ACM quantities identified in Amec Foster Wheeler's Limited Asbestos Survey) ii) Section 02075 — Lead Containing Paint Controls iii) Section 02081 — PCB Containing Light Ballasts iv) Section 02082 — Mercury Containing Building Materials TASK 02 — ASBESTOS ABATEMENT MONITORING Amec Foster Wheeler will perform asbestos abatement monitoring of the contractor conducting the abatement work at the Site building. Amec Foster Wheeler will provide an abatement monitor to be on -site during pre -con and pre- abatement asbestos abatement activities to collect QA/QC air samples in the work area of the project, and to conduct a final visual inspection and final air clearance sample collection upon completion of the work. Deliverables will include daily project field logs for when the monitor is onsite and air sampling results. Amec Foster Wheeler will also review the contractor's pre - and post -work submittals and compare to regulations and specifications. The project monitor can, at your request and with additional cost, be available to assist with additional bulk asbestos sample collection if materials are discovered during the abatement process. SCHEDULE Amec Foster Wheeler can begin working on the technical specifications immediately following authorization. The specifications will be delivered (via email) to the City of Auburn no later than the close of business on June 9, 2015, if authorization is provided by Thursday June 4, 2015. Amec Foster Wheeler assumes that the asbestos abatement will not take longer than 2 days. Amec Foster Wheeler requires 48 hours notice to be on -site for the asbestos abatement monitoring. ESTIMATED COSTS The time and materials cost to complete the above - described scope of work is $4,969. The work will be conducted in accordance with negotiated City of Auburn Service Agreement. The breakdown of costs is presented below: Task 01 — Specification Preparation Services $2,412.00 Task 02 — Asbestos Abatement Monitoring (2 days) $2,558.00 BUDGET TOTAL (Not to exceed without written approval),.,,,,,,, $4,969.00 AG -C -467 The estimated costs are based on the following assumptions: • Amec Foster Wheeler will conduct one review of the abatement contractor's pre- and post - work submittals. Upon completion of our review, we will provide one round of comments to the abatement contractor. • Amec Foster Wheeler Industrial Hygienist will not be on -site for more than 2 days for the asbestos abatement monitoring. • Up to 12 PCM asbestos air samples will be collected. • A laboratory turn - around time of 1 business day will be used for analyses of the PCM asbestos air samples. If this proposal is acceptable, please advise and we will sign and mail to you the negotiated City of Auburn Services Agreement. Amec Foster Wheeler looks forward to assisting the City of Auburn with this project. If you have any questions or comments, or require additional information, please do not hesitate to call us at (425) 368 -1000. Sincerely, Justin Toney Industrial Hygienist Tyler Henningsen Senior Environmental Scientist/Project Manager Reviewed by. Chris Miele Associate Industrial Hygienist 3 CITY OF *._ '"T . AT TR� T K �T Nancy Backus, Mayor lJ WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov* 253-931-3000 November 25, 2015 Tyler Hennings Amec Foster Wheeler Environment & Infrastructure, Inc. 11810 North Creek Parkway North Bothell, WA 98011 RE: Agreement for Professional Services, AG-C-467 Project No. CP1412, Auburn Youth Center & Community Center Dear Mr. Hennings: This letter is to inform you that the above-referenced Agreement for Professional Services is being closed at this time. Our records indicate that we processed the final payment for this agreement on November 16, 2015 for invoice #522721364 in the amount of $2,377.37. If you feel that this Agreement for Professional Services should not be closed, or if there are any outstanding invoices, please inform me by December 11, 2015. Thank you for your firm's professional services in work related to the Auburn Youth Center & Community Center project. If you should have any questions, feel free to give me a call at 253.804.3118. Sincerely, 1v'L Jacob w�g Assistant City Engineer Community Development & Public Works Department JS/ja/mm cc: City Clerk AG-C-467 CP1412 5.20 AUBURN * MORE TI-IAN YOU IMAGINED