HomeMy WebLinkAboutAG-C-467 Amec Foster WheelerA * //AA..��CITY OF
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AG -C -467
Agreement for Set-vices
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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
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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.
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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
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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\
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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