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HomeMy WebLinkAboutAGREEMENT FOR SERVICES J(11. (1 DocuSign Envelope ID:F3F9C686-FCA5-4725-BOB2-2836E3D2D584 CITY OF AUBURN AGREEMENT FOR SERVICES "31826 102nd Ave SE, Auburn (Hager Property) Phase I Environmental Site Assessment" THIS AGREEMENT made and entered into on this 7TH day of August , 2020 (the "effective date"), by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City" and EnCo Environmental Corporation, PO Box 1236 Gig Harbor, Washington 98335 hereinafter referred to as the "Provider." WITNESS ETH: WHEREAS, the City is in need of a Phase I Environmental Report for due diligence conducted of property located at 31826 102nd Ave SE, Auburn, WA 98092, commonly referred to as the Hager Property ; and, WHEREAS, the City desires to retain the Provider to provide said services in connection with the City's work; and, WHEREAS, the Provider is qualified and able to provide services in connection with the City's needs for the above-described work, and is willing and agreeable to provide such services upon the terms and conditions herein contained. NOW, THEREFORE, the parties hereto agree as follows: 1. Scone of Services The Provider agrees to perform in a good and professional manner the tasks described on Exhibit "A" which is attached hereto and by this reference made a part of this Agreement. (The tasks described on Exhibit "A" shall be individually referred to as a"task," and collectively referred to as the"services.") The Provider shall be responsible to provide work products and services of a quality and professional standard acceptable to the City. Provider agrees to consult with City staff as necessary to insure compatibility with the City's systems, perform testing of the deliverables, protect City's confidential information, and protect the integrity and security of the City's network. 2. Additional Services In the event additional services with respect to related work are required beyond those specified in the Scope of Work, and not included in the compensation listed in this Agreement, a contract amendment shall be set forth in writing and shall be executed by the respective parties prior to the Provider's performance of the services thereunder. Upon proper completion and execution of an Amendment (agreement for additional services), such Amendment shall be incorporated into this Agreement and shall have the same force and effect as if the terms of such Amendment were a part of this Agreement as originally executed. The performance of services pursuant to an Amendment shall be subject to the COA/EnCo Environmental Corp. - Phase I Site Assessment July, 2020 DocuSign Envelope ID:F3F9C686-FCA5-4725-BOB2-2836E3D2D584 terms and conditions of this Agreement except where the Amendment provides to the contrary, in which case the terms and conditions of any such Amendment shall control. 3. Inspection and Testing Provider's performance shall be subject to inspection by City at any time. The Provider shall assist in any such inspection by City to allow determination of Provider's compliance with this agreement. Such inspections shall not unduly interfere with Provider's performance. Provider shall permit City to review the deliverables prior to acceptance of the work to ensure completeness of the services and specifications described in Exhibits A & B. 4. Provider's Representations The Provider hereby represents and warrants that the Provider has all necessary licenses and certifications to perform the services provided for herein, and is qualified to perform such services. 5. City's Responsibilities The City shall do the following in a timely manner so as not to delay the services of the Provider: a. Designate in writing a person to act as the City's representative with respect to the services. The City's designee shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to the services. b. Furnish the Provider with all information, criteria, objectives, schedules and standards for the project and the services provided for herein. c. Arrange for access to the property or facilities as required for the Provider to perform the services provided for herein. 6. Termination The City may terminate this Agreement upon seven (7) days' written notice; provided that Contractors shall be compensated for services provided through the end of the following month at the rate described in section 2 and Exhibit B. Upon termination, Provider shall deliver to City all code and other work it has competed towards the deliverables described in Exhibit A. 7. Compensation As compensation for the Provider's performance of the services provided for herein, the City shall pay the Provider the fees and costs specified on Exhibit "B" which is attached hereto and by this reference made a part of this Agreement (or as specified in an Amendment). The Provider shall submit to the City an invoice or statement upon completion of each deliverable that is shown on Exhibit B for the amount shown on that exhibit. Upon acceptance of the invoice or statement, the City shall process the invoice or statement in the next billing/claim cycle following receipt of the invoice or statement, and shall remit payment to the Provider thereafter in the normal course, subject to any conditions or provisions in this Agreement or Amendment. The City agrees to pay a late penalty of 1% of the outstanding balance sixty days after the date of the invoice. COA/EnCo Environmental Corp. - Phase I Site Assessment July, 2020 DocuSign Envelope ID:F3F9C686-FCA5-4725-BOB2-2836E3D2D584 The maximum amount of the compensation, excluding any penalties, shall be $3,310.00. Provider agrees that this is its sole compensation and that it has the sole obligation to pay any third party any amounts due in connection with the products or services delivered under this Agreement. 8. Time for Performance and Term of Agreements The agreement shall commence on the effective date of the agreement and shall remain in force until completion of the scope of work, as described in Exhibit A, or the agreement is otherwise terminated according to this agreement. The term of this agreement shall terminate 30 calendar days following the effective date. 9. Ownership and Use of Documents All software code, scripts, program comments, documents, plans, manuals, working drawings and any other materials created or otherwise prepared by the Provider as part of his/her performance of this Agreement (the "Work Products") shall be owned by and become the property of the City, and may be used by the City for any purpose beneficial to the City and shall be subject to the requirements of the Public Records Act, Chapter 42.56 RCW. 10. Records Inspection and Audit All compensation payments shall be subject to the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced, and all records and books of accounts pertaining to any work performed under this Agreement shall be subject to inspection and audit by the City for a period of up to three (3) years from the final payment for work performed under this Agreement. If any litigation, claim, dispute, or audit is initiated before the expiration of the three (3) year period, all records and books of accounts pertaining to any work performed under this Agreement shall be retained until all litigation, claims, disputes, or audits have been finally resolved. 11. Continuation of Performance If any dispute or conflict arises between the parties while this Contract is in effect, the Provider agrees that, notwithstanding such dispute or conflict, the Provider shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 12. Administration of Agreement This Agreement shall be administered by the Sr. Economic Development Officer, or designee, on behalf of the City. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: COA/EnCo Environmental Corp. - Phase I Site Assessment July, 2020 DocuSign Envelope ID:F3F9C686-FCA5-4725-BOB2-2836E3D2D584 CITY OF AUBURN EnCo Environmental Corp. Josh Arndt Jonathan M. Kemp Sr. Economic Development Officer Principal, EnCo Environmental 25 W Main PO Box 1236 Auburn, WA 98001 Gig Harbor, WA 98335 253.288.4325 253.841.9710 Jarndt@auburnwa.gov Jkemp@encoec.com 13. Notices All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified mail, return receipt requested, and addressed, if to a party of this Agreement, to the address for the party set forth above. If addressed to a person not a party to this Agreement, the notice shall be sent, in the foregoing manner, to the address designated by a party to this Agreement. Either party may change its address by giving notice in writing, stating his, her or its new address, to the other party, pursuant to the procedure set forth above. 14. Insurance The Provider shall procure and maintain for the duration of this Agreement, at its sole expense, 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 Provider, or the Provider's agents, representatives, employees, or subcontractors. Provider's maintenance of insurance as required herein shall not be construed to limit the liability of the Provider to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Service Provider shall obtain insurance of the types described below: a. Commercial General Liability insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. b. Professional Liability (errors & omission) insurance appropriate to Provider's profession with limits no less than $1,000,000 per claim and $1,000,000 aggregate. c. Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington. • The Provider'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 COA/EnCo Environmental Corp. - Phase I Site Assessment July, 2020 DocuSign Envelope ID:F3F9C686-FCA5-4725-BOB2-2836E3D2D584 excess of the Provider's insurance and shall not contribute with it. Provider's insurance shall not be cancelled by either party, except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City. If a policy expires during the term of this Agreement, a renewal certificate must be sent to the City fifteen (15) days prior to the policy's expiration date. Insurance is to be placed with an authorized insurer in Washington State. The insurer must have a current AM. Best rating of not less than A:VII. Provider shall furnish the City with certificates of insurance and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Provider before commencement of the work. The City reserves the right to require that complete, certified copies of all required insurance policies be submitted to the City at any time. 15. Indemnification/Hold Harmless Except for injuries and damages caused by the sole negligence of the City, the Provider shall defend, indemnify and hold the City and its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits, of every kind, including attorney fees and litigation expenses, arising out of or in connection with any alleged act, omission, professional error, fault, mistake, or negligence of the Provider, its employees, agents, representatives, or subcontractors, including employees, agents, or representatives of its sub-contractors, taken in the performance of this Agreement, or arising out of worker's compensation claims, unemployment compensation claims, or unemployment disability compensation claims. It is further specifically and expressly understood that the indemnification provided herein constitutes the Provider's waiver of immunity under Industrial Insurance, Title 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. 16. Limitation on Liability Provider will not be bound by any implied warranty of merchantability or implied warranty for a particular purpose. Provider shall not be liable for consequential or indirect damages, including loss of profits, loss of business, loss of data, interruption of business, or any other expectation or reliance damages incurred by City as a result of performing services in accordance with this agreement. 17. City Property & Data Provider shall at all times protect City's property from damage or loss. Provider shall prevent loss of files and data on City's servers and shall treat as confidential all information related to accessing the City's network. In no case shall Provider permit another party to connect to City's network without permission granted by the City official listed in paragraph COA/EnCo Environmental Corp. - Phase I Site Assessment July, 2020 DocuSign Envelope ID:F3F9C686-FCA5-4725-B0B2-2836E3D2D584 12. 18. Assignment Neither party to this Agreement shall assign any right or obligation hereunder in whole or in part, without the prior written consent of the other party hereto. No assignment or transfer of any interest under this Agreement shall release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. 19. Nondiscrimination The Provider may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of any sensory, mental or physical handicap. 20. Amendment. Modification or Waiver No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound, or such party's or parties' duly authorized representative(s) and specifying with particularity the nature and extent of such amendment, modification or waiver. Any waiver by any party of any default of the other party shall not affect or impair any right arising from any subsequent default. 21. Independent Contractor Status The Contractors shall perform the services described in Section 2 as independent contractors and shall not be deemed, by virtue of this Agreement and the performance thereof, to have entered into any partnership, joint venture, employment or other relationship with the City. 22. Parties in Interest This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties hereto and their respective successors and assigns, provided that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not create a contractual relationship with or exist for the benefit of any third party, including contractors, sub-contractors and their sureties. 23. Applicable Law This Agreement and the rights of the parties hereunder shall be governed by and interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in of the county in Washington State in which the property or project is located, and if not site specific, then in King County, Washington; provided, however, that it is agreed and understood that any applicable statute of limitation shall commence no later than the substantial completion by the Provider of the services. COA/EnCo Environmental Corp. - Phase I Site Assessment July, 2020 DocuSign Envelope ID:F3F9C686-FCA5-4725-B0B2-2836E3D2D584 24. Captions. Headings and Titles All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement or act as a limitation of the scope of the particular paragraph or sections to which they apply. As used herein, where appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter expressions shall be interchangeable. Interpretation or construction of this Agreement shall not be affected by any determination as to who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement of the parties. 25. Severable Provisions Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 26. Entire Agreement This Agreement, together with any subsequent amendments or addendums, contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. 27. Non-Availability of Funds Every obligation of the City under this Agreement is conditioned upon the availability of funds appropriated or allocated for the performance of such obligation; and if funds are not allocated and available for the continuance of this Agreement, then the City may terminate this Agreement at the end of the period for which funds are available, without the notice provided by Section 6. No liability shall accrue to the City in the event this provision is exercised, and the City shall not be obligated or liable for any future payments or damages as a result of termination under this Section. WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. COA/EnCo Environmental Corp. - Phase I Site Assessment July, 2020 DocuSign Envelope ID:F3F9C686-FCA5-4725-BOB2-2836E3D2D584 CITY OF AUBURN EnCo Environmental Corporation p--DocuSigned by: 8/7/2020 2 hnw✓ M,1 V. 2 3- Zc 0 .._ Date Jonathan Kemp Date Doo4Ainw1Ah = 91 17 10 2'1Cr Approved as to form: Federal Tax ID Number /—DocuSigned by: Voll AA, For Ken�TT8C19f ga°City Attorney COA/EnCo Environmental Corp - Phase I Site Assessment July, 2020 DocuSign Envelope ID:F3F9C686-FCA5-4725-BOB2-2836E3D2D584 EXHIBIT A SCOPE OF SERVICE COVER SHEET COA/EnCo Environmental Corp. - Phase I Site Assessment July, 2020 DocuSign Envelope ID:F3F9C686-FCA5-4725-B0B2-2836E3D2D584 PO Box 1236 Gig Harbor WA 98335 Telephone: 253.841.9710 „.....000EriC4 www.encoec.com Environmental Corporation Mr.Josh Arndt, Sr. Economic Development Officer June 23,2020 City of Auburn 25 West Main Street Auburn WA 98001 RE: PHASE I ENVIRONMENTAL SITE ASSESSMENT(ASTM E1527-13) PROPOSAL Project Site&Address: Residential Dwelling, 31826 102nd Ave SE, Auburn,WA 98092 Current Land Use: Single Family Dwelling Proposed Land Use: Same as Current Dear Mr.Arndt: Thank you for the opportunity for the above-referenced project. Our Scope of Work and Fee is presented below. FEE: SCOPE OF WORK: EnCo Phase I ESA Report: One tax parcel(King County No.(333940-0635on 0.67 acre) $2,750 Property address(es)as listed above Data Base Report: One radius environmental database report with aerials,topo's,City directories,fire maps $450 One site visit for assessing the project site and a cursory assessment on contiguous properties One electronic.pdf report of the findings with appendices + EXPENSES (—$110) Vehicle mileage,printing,copying,scanning,and field equipment To proceed with this project: OSIGN @INITIAL ODATE ORETURN the original NOTICE TO PROCEED,TERMS& CONDITIONS and RATE SCHEDULE. These items are an integral part of our proposal;your acceptance of this proposal indicates your agreement to these items. 0 RETAINER. Enclose a check in the amount of$00.00 Copy of the EnCo business licenses, proof of insurances, and accreditations for the environmental professional will be supplied upon reward of the contract. Report to be completed in about 7 to 10 work days from a signed contract and receipt of the required retainer. If you have any questions, I can be reached by telephone at 253.841.9710 or e-mail at jkemp@encoec.com. Thank you. Sincerely, Jonathan M. Kemp Principal, EnCo Environmental Corporation NOTICE TO PROCEED The signatory on this contract will be the person responsible for payment of our invoices. In the event that collection of balance owing is necessary the signatory would be responsible for all collection costs including personnel time,finance charges,lien fees,collection fees, attorney fees,and related expenses. BY: BY: Landowner/Landowner Representative Signature Date Landowner/Landowner Representative Printed Name FOR: TELEPHONE#: Company Name or Title Auburn 102nd Ave SE June 23 2020 Site Assessment•Wetland•Remediation•Habitat•Stormwater Page 1 DocuSign Envelope ID:F3F9C686-FCA5-4725-BOB2-2836E3D2D584 �••YY� POB 1236 Gig Harbor WA 98335 Telephone: 253.841.9710 www.encoec.com Environmental Corporation Ikemp@encoec.com PHASE I TERMS & CONDITIONS 1. Items to be provided by the client and/or landowner include the right of entry on to the property. If available, submit environmental questionnaires, Real Estate Transfer Disclosure Statement, a site map, environmental or geotechnical reports and boring logs, recorded liens, Real Estate Appraisal,and a Chain-of-Title prior to starting this project. If there are any restrictions or special requirements regarding this site or ESA, these should be made known to us prior to commencing the work. 2. If governmental agency files have documents exceeding 10 pages in length additional fees will apply on an hourly basis to review and prepare text excepts in the report that are related to these extensive files. 3. The fee is based on performing only the services listed in this proposal. For major revisions or request for other services,the signatory on the Notice to Proceed page will be contacted for approval prior to initiating any additional work and a Change Order will be prepared for signature. 4. This proposal includes the identified parcel(s)and the street address(es) as itemized in the proposal. 5. Assessing off-site properties based on a limited and cursory visual inspection from the project site parcel boundaries from unsecured public access areas such as public streets, public lands, sidewalks,fence lines, abandoned roads, utility corridors, and alley ways. 6. Phase I ESA Report will be released only upon receipt of payment in full for the contracted services. 7. Red-line revisions made to the initial report by reviewers will be charged according to our Rate Schedule. 8. This proposal price will be honored for up to 180 days from the proposal date. 9. The electronic report and appendices included in this proposal will be submitted only as a .PDF to the client and assigns. The document will be available for download up to ten days. An extra fee to be charged for a hard copy. 10. Our invoice(s)will be submitted to the address on this proposal and would be due upon receipt. Finance charges accrue from the date due. Retainers will be applied to the final invoice. 11. The report would be for the exclusive use of our client. Any other entities that would wish to use the report shall notify EnCo in writing or by email by executing a Reliance Letter or Certification Letter. An extra fee of$175 will be charged for preparing a Reliance Letter or a Certification Letter. 12. The proposed Phase I ESA does not include sampling any media and performing chemical analyses(such as petroleum products,soil vapor, hazardous substances, asbestos, radiological materials, radon, sampling any media for mildew and mold, lead, pesticides,and formaldehyde). The report will not provide environmental data to infer conditions of subsurface soil, air, surface water, sediment, groundwater, building materials, soil gas, soil vapor,or buildings at the site. 13. Visual observations and record searches provide a foundation in conducting an ESA. However,as a general rule, no considered opinions can be issued regarding the qualitative or quantitative extent of contamination without an appropriate scope of work that includes intrusive exploration, monitoring, and chemical analysis. Even then, it should be understood that there is no guarantee that the site would be free from contamination, particularly where contamination may be localized, hidden from view, or at concentrations below standard analytical detection and/or reporting limits. 14. The current landowner, business owner, land occupant or authorized agent must complete an EnCo environmental questionnaire, provide access, &provide a tour of the project site including inside buildings, if any. 15.The ESA report will be valid for one year from the report date. Client's Initials: Site Assessment•Wetland•Remediation•Habitat•Stormwater Page 2 DocuSign Envelope ID:F3F9C686-FCA5-4725-BOB2-2836E3D2D584 i -" ' PO Box 1236 .....„r-- Gig Harbor WA 98335 Office: 253.841.9710 Cell:253.377.8027 ....„40610/EriC E Mail:Jkemp@encoec.com Environmental Corporation WEB:www.encoec.com RATE SCHEDULE 2020 As of 01.06.2020 PERSONNEL EXPENSES Manager $108.00 per hour Copying/Printing/Scanning B&W$.15pp (In-house) Color$.75pp Scanning$.20pp Field Technician $65.00 per hour Copying/Printing/Scanning Cost+20% (Outside) Office Manager $48.00 per hour Shipping/Delivery Cost+20% Subcontractor(s) Cost+20% Transportation, Lodging&Meals Cost+20% Vehicle Mileage Current IRS rate Vehicle Fuel Surcharge $.35 per mile FIELD EXPENSES Battery(Lead Acid-Marine) $11.00 per day Pump(2"Peristaltic) $85.00 per day Ferrous Iron Kit $50.00 per day Pump(2"Submersible) $85.00 per day Field Supplies(Other) Cost+20% Rental Equipment(Other) Cost+20% Hose W flex $3.05 per foot Soil Plunge Tool $5.00 per day Hose%"rigid $.30 per foot Soil Syringe. . $2.35 each Interphase Probe $45.00 per day Static Water Level Meter $35.00 per day Laser Distance Meter $35.00 per day Turbidity Meter $30.00 per day Monitoring Well Bailer $15.00 per day Wastewater Sampler Rental Cost+20% Multi Water Testing Meter $125.00 per day PetroFLAG Hydrocarbon Kit $60.00 per day Critical Area Supplies $110.00 per day pH Meter $25.00 per day Site Assessment Supplies I $35.00 per day PID Meter(10.2 eV Lamp) $135.00 per day Site Assessment Supplies II $150.00 per day Stormwater Supplies $105.00 per day POLICIES Finance Charge 1 %% per month will apply for all past due balances Minimum Charge All Personnel(in-house) '/4 hour Minimum Charge All Personal (on-site) 1 hour Overtime Rate Personnel hourly rate x 1.5 Saturday/Sunday/Holiday/>8 hour day Payment Due Upon receipt of invoice Report(Electronic) Released upon receipt of final payment Report(Hard Copy) Upon request and additional fees apply Prices may change without notice By initialing below I am stating that I have read and agree with the above rates and policies: Client's Initials DocuSign Envelope ID:F3F9C686-FCAS-4725-13082- 2836E3D2D584 EXHIBIT COMPENSATION As compensation in Consultant consideration of the fees and codestsConsultant's Compensation for this contract associateds not with performance, the Pa to exceed ten thotu a identified City 0. W1ll).p Payment for this sand dollars In this contrac agreement will be as follows: «3.310.00). • 3,310.00 paid upon completion and acceptance of the work by the City. a ASSe%%n�\ ,,(4\ CoQ,.