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
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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
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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
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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
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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
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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
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.._ 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
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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
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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
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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.
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