HomeMy WebLinkAbout03- RAM Environmental Contract Agreement
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CONTRACTAGREEMf~~
THIS CONTRACT AGREEMENT is dated as of the 191;,~_ day of May lt1
the year ~91_~ by and between CITY OF BOZEMAN hereinafter called OWNER and
ifIJ/1 E/Vv'.lfC'?o/"'1&3/f/7?fL. -7 LLC , hereinafter called CONTRACTOR.
OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set fOlih,
agree as follows:
ALticle 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract. The Project
Work is generally described as follows:
1.1 Perfomlance of a Phase I Environmental Site Assessment on the 15 acre site located at 19
East Griffin Drive, Bozeman, MT. The scope of the work is more particularly described in the
"Environmental Assessment Of Real Property Summary Outline Of Services", which is attached
hereto and incorporated herein.
Ar!icle 2. CONTRACT TIME.
2.1 The Work will be completed within 30 calendar days after the date the written notice to
proceed is issued. Fi nal payment will not be made until final completion and acceptance of the
work as stipulated in this Agreement.
Article 3. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for performance of the Work in accordance with the
Contract Documents on a time and materials basis with the total cost not to exceed $4,000.00
without express written permission of the Owner. Payment will be made upon receipt of the final
written report.
Article 4. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations:
4.1 CONTRACTOR has familiarized himself with the nature and extent ofthe Contract
Documents, Work, locality, and with allloeal conditions and federal, state and local laws,
ordinances, rules and regulations that in any manner may affect cost, progress ar perfomlance of
the Wark.
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Article 5. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR as attached to or referenced in this Agreement, are made a part hereof and
consist of the following:
5.1 This Agreement.
5.2 Certificates of Insurance.
There are no Contract Documents other than those listed above in this Article 5.
The Contract Documents may only be altercd, amended or repealed by a modification (as def! ned
in the Montana Public Works Standard Specifications, Third Edition, October 1988, General
Conditions).
Article 6. GENERAL.J3,EQUIREMENTS.
6.1 Contractor Use of Premises. The CONTRACTOR shall confine his operations to the site of
the proposed work and within the right-of-way or constmction easements provided.
It shall be understood that the responsibility for protection and safekeeping of equipment and
materials on or near the site will be entirely that of the CONTRACTOR and that no claim shall
be made against the OWNER by reason of any act of an employee or trespasser. It shall be
further understood that should any occasion arise necessitating access by the OWNER to the sites
occupied by these stored materials and equipment, the CONTRACTOR owning or responsible
for the stored materials or equipment shall immediately remove same. No materials or
equipment may be placed upon any private property until the property OWNER has agreed in
writing to the location contemplated by the CONTRACTOR to be used for storage.
6.2 Protection of Existing Structures. The CONTRACTOR shall be solely responsible for
locating all existing underground installations, including service connections, in advance of
excavating or trenching, by contacting the OWNERS thereof and prospecting. The
CONTRACTOR shall use his own information and shall not rely solely upon information shown
on the drawings conceming existing underground installations. The CONTRACTOR shall repair
all damage to existing utilities or property at his own expense. The CONTRACTOR shall, at a
minimum, call the "One-Call" utility locate system (Phone: 1-800-424-5555) at least 72 hours in
advance of starting construction.
Where excavation will be required adjacent to existing structures, the CONTRACTOR shall be
solely responsible to maintain the structural integrity of the existing structures. The
CONTRACTOR shall take whatever means necessary to insure that the existing structure is not
damaged and if necessary shall install sheet piling. The CONTRACTOR shall repair all damage
to the existing structures at his own expense. Any fences destroyed during construction shall be
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repaired to the satisfaction of the property owner. Any delay, additional work, or extra cost to
the CONTRACTOR caused by existing underground installations sball not constitute a claim for
extra work, additional payment or damages.
6.3 Protection of Existing Mailboxes, Curbs and Gutters and Driveways. 'rhe CONTRACTOR
shall take whatever means necessary to insure that thc existing mailboxes, curbs and gutters and
driveways are not damaged during construction. lfit is necessary to remove or disturb mailboxes
during construction, the CONTRACTOR shall repair and restore the mailboxes at his own
expense to the satisfaction ofthe property owner. Any curb, gutter, or driveways damaged
during construction, not noted to be replaced on the drawings, shall be replaced by the
CONTRACTOR at his own expense.
6.4 Work Sequence. The CONTRACTOR shall schedule thc work to minimize inconvenience
to the OWNER and to adjacent property owners and to minimize interruptions to utility service.
This shall include minimizing obstruction to local traffic especially on dead end streets. Work
shall be scheduled so as to minimize disruptions to local mail delivery. Close coordination will
be required between the CONTRACTOR, OWNER, and COUNTY. The utility service
companies such as power, gas, telephone, and video shall be contacted at least 72 hours in
advance of when locati ng of services will be req uired.
Al:!ic 1 e 7. Traffic Contro 1.
7.1 The CONTRACTOR shall conduct his work so as to interfere as little as possible with
public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or
close roads and walks, the CONTRACTOR shall obtain approval of sllch actions from the City,
County or Montana Department of Transportation and shall provide and maintain suitablc and
safe lighted detours or other temporary expedients for the accommodation of public and private
travel in accordance with the Cllnent edition of the Manual on UnifoDn Control Devices for
Streets and Highways (MUTCD). The CONTRACTOR shall not occupy the work site or initiate
construction until all traffic control provisions arc in place and the OWNER has been so notified.
7.2 Safety Provisions. Safety provisions must be entirely adequate and meet with City, County,
State and Federal regulations to protect the public on these streets and roads.
7.3 Barricades and Lights. Prior to the start of construction across roads or walks, all
construction permits shall be obtained, utility companies notified, and traHic patterns, signing,
location of flagmen, banicades and other safety measures arranged. Providing and maintaining
safety barricades, and other work site safety measures shall be the responsibility of the
CONTRACTOR and shall be included in the contract price. The CONTRACTOR shall
cooperate and coordinate his methods with the OWNER'S traffic control plans prior to the
disruption of the nonnal flow of any traffic.
All open trenches and other excavations shall be provided with suitable barriers, signs, and lights
to the extent that adequate protection is provided to the public. Obstructions, such as material
piles and equipment, shall be provided with similar warning signs and lights.
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All barricades and obstructions shall be illuminated by means ofwaming lights from sunset to
sunrise. Materials stored upon or alongside public streets and highways shall be provided with
similar waming signs and lights.
All b::micades, signs, lights and other protective devices shall be installed and n1aintainecl in
confomlity with applicable statutory requirell1ents and, where within railroad and highway right-
of-way, as required by the authority having jurisdiction thereover.
Work performed within property under the OWNER'S jurisdiction shall have all banicades,
signs, lights and protective devices installed and maintained.
Article 8.. ST ATE LAWS AND REGULATIONS.
8.1 All appl icable laws, ordinances and the rules and regulations of all authorities having
jurisdiction over the project shall apply to the contract throughout.
ARTICLE 9 - GENERAL CONSIDERATIONS
9.1 TERMINATION OF AGREEMENT
9.1.1 The sole right is hereby reserved to the OWNER to tel1ninate this Agreell1ent for any and all
causes or for its convenience at any time upon fifteen (15) days written notice to the Contractor.
9.1.2 If temlination for default is effected by the OWNER, an equitable adjustment in the price
provided for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated
profit on unperformed services or other work, and (2) any payment due to the Contractor at the time
of temlination may be adjusted to cover any additional costs to the OWNER because of the
Contractor's default. If termination for convenience is effected by the OWNER, the equitable
adjustment shall include a reasonable profit, as detenninecl by owner, for services or other work
perfomled. The equitable adjustment for any temlination shall provide for payment to the Contractor
for services rendered and expenses incurred prior to the tel1nination, in addition to termination
settlement costs reasonably incurred by the Contractor relating to commitments which had become
firm prior to the termination.
9.1.3 Upon receipt ofa termination action under paragraph 9.1.2, the Contractor shall (1) promptly
discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make
available to the OWNER within ten (10) days copies of all data, design drawings, specifications,
reports, estimates, summaries and such other infol1nation and materials as may have been
accumulated by the Contractor in performing this Agreement, whether completed or in process.
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9.1.4 In the event this Contract is terminated prior toe ompletion, the 0 riginal copies 0 f the
Contractor's data, recommendations, plans, specifications, analysis and other related documents
prepared by the Contractor prior to said temlination shall be delivered to and become the property of'
the OWNER.
9,1.5 Upon tennination, the OWNER may take over the work and may award another party an
Agreement to complete the work under this Agreement.
9.1.6 OWNER'S right to tenninate is in addition to any otherremedies OWNER nwy have under
the law.
9.2 INSPECTION AND AUDIT
All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures
incurred as to the performance ofthe services by the Contractor hereunder shall be made available to
the OWNER, or their authorized representatives for audit and review, at the Contractor respective
offices at all reasonable times during the contract period and for three years from the date of final
payment.
9.8 INSURANCE
The Contractor shall secure and fumish to the OWNER certificate of insurance, therein, naming the
OWNER as an additional insured, to include thirty (30) days notice of cancellation or non-renewal.
Without limiting any of Contractor's obligations hereunder, Contractor shall secure and maintain,
until the work is completed and accepted by the OWNER, insurance coverage naming the OWNER
as additional insured with minimum insurance coverage as follows:
Type of Coverage
Limits
Employers' Liability:
$ 100,000 per accident
General Liability:
Bodily Iniury & Property
Damage Single and combined
$ 1,000,000 per accident
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Automobile;,
Bodily Injury covering all
automobiles, trucks,
tractors, trailers, or
other automotive equip-
ment whether owned or
rented by Contractor or
owned by employees of
Contractor.
$ 500,000 each person
$1,000,000 each occurrence
p.I9jJerty Damage covering
all automobiles, trucks,
tractors, trailers or other
automotive equipment whether
owned or rented by Contractor
or owned by employees of
Contractor
S50Q,QQ.Q.cach occurrence
OR
Bodily Iniury & Property
D_fl.mage Single and combined
$ 500,000 each OCCUlTenee
Professional Enors & Omissions:
$ 1,000,000 per claim and
aggregate each occurrence
Article 13. _MISCELLANEOUS.
13.1 Terms used in this Agreement which are defined in the General Conditions shall have the
meanings indicated in the General Conditions of the Montana Public Works Standard
Specifications, 3rd Edition, October 1988.
13.2 This Agreement and all ofthe covenants hereof shall inure to the benefit of and be binding
upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns,
and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to
assign, transfer or sublet his interest or obligations hereunder without written consent of the other
party. The Owner reserves the right to withdraw at any time from any subcontractor whose work
has proven unsatisfactory the right to be engaged in or employed upon any part of the Work.
13.3 In the event it becomes necessary for either party to this Agreement to retain an attorney to
enforce any of the terms or conditions of this Agreement or to give any notice required herein,
then the prevailing party or the party given notice shall be entitled to reasonable attorney's fees
and costs, including fees, salary, and costs of in-house counsel.
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13.4 Any amendment of modifications of this Agreement or any provisions herein shall be made
in writing and executed in the same manner as this original document and shall after execution
become a part of the Agreement.
13.5 The CONTRACTOR hereby agrees to indemnify and hold the OWNER ham1less [rom all
claims and liability due to the activities of CONTRACTOR, their agents, employees, or both, in
perfom1ing the work required.
The CONTRACTOR is and shall perfon11 this agreement as an independent contractor, and as
such, is responsible to the OWNER only as to the results to be obtained in the work herein
specified, and to the extent that the work shall be done in accordance with the tenns, plans and
spcci fications. The CONTRACTOR shall have and maintain complete control over all of its
employees, subcontractors, agents and operations, being responsible for any required payroll
deductions and providing required benefits, such as, but not limited to, workman's compensation
and unemployment insurance.
IN WITNESS WHEREOF, the patiies hereto have executed this Agreement the day and year first
above written,
CITY OF BOZEMAN, MONTANA
CONTRACTOR
BY:- 1 ~
(City Manager)
BY~tr~~
(Fl.--...;.l..uU ?~/'V'CII"?t-
DATE: ~~J-93
DATE:-L~cft?
ATTEST:
BY~J~
(Clerk of Commission)
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RAM ENVIRONMENT AL, LLC
211 N. Grand Ave., Suite A, Bozeman, MT 59715
(406) 586-3748 FAX (406) 586-8437
email: marcinko@ramcnv.colll
ENVIRONMENT AL ASSESSMENT OF REAL PROPERTY
SUMMARY OUTLINE OF SERVICES
The federal Superfund Law, officially titled as the Comprehensive Environmental
Responsibility, Compensation and Liability Act (CERCLA), essentially places the
responsibility for the cleanup of any environmental problem with the present and past
property owners, regardless of whether the party was responsible for the
contamination. Typically, if an environmental problem is found on a property that is
severe enough to warrant the involvement of the Montana Department of
Environmental Quality (MDEQ), the Department requires the current owner to
adequately investigate the extent and magnitude of the release and to conduct cleanup
actions in accordance with state and federal guidelines. If the problem was caused by a
previous landowner, the MDEQ believe it is the current owner's responsibility to
recover any investigative and cleanup costs from the other responsible parties. Without
the proper documentation it can be difficult to prove that problems were caused by past
owners or operators.
Unfortunately, the effect of CERCLA was to discourage lenders as well as potential
purchasers from becoming involved in suspicious properties. To compensate for this,
the Superfund Law was amended in 1986 with the Superfund Amendmentsand
Reauthorization Act (SARA). SARA provided an "Innocent Landowner Defense" for
lenders and purchasers, which could be claimed in court, but only if they had practiced
"Due Diligence". Due Diligence is an adequate investigation into the present and past
uses of the property to determine if it could reasonably be expected to represent an
environmental liability. In 1993 the American Society for Testing and Materials (ASTM)
developed the standard for the Phase I Environmental Site Assessment (ESA) Process
(also known as Process E 1527), which would qualify for the innocent landowner
defense to CERCLA liability. The Phase I ESA is required to be completed prior to
purchasing the property.
A complete description of services provided by RAM Environmental associated with
the Phase I, II and III Environmental Site Assessments is as follows:
RAM
Updated 12/02
ENVIRONMENTAL
Environmental Assessment of Real Property
Summary Outline of Services
Page 2
Phase I Environmental Site Assessment
The scope of work includes:
1. Performing a site reconnaissance;
2. To the extent reasonably ascertainable, conducting an extensive search of federal
and state standard environmental records sources in an effort to determine
whether any of those agencies have identified known or suspected
environmental impairments at the subject property, or in the vicinity of the
subject property;
3. Reviewing standard physical setting sources to determine the geologic
conditions of the subject site;
4. Reviewing standard historical sources, which may include aerial photographs,
fire insurance maps, property tax files, and local street directories;
5. Interviewing current owners or occupants of the subject site, and local
government officials;
6. Evaluating the potential for hazardous substances to migrate onto the subject
site from off-site sources;
7. Evaluating the potential for hazardous substances to impact the soil and ground
water from on-site activities; and
8. Providing a written report detailing our findings and recommendations.
9. Work conducted on a time & materials basis. Estimated Costs: $3,500.00 plus
travel expenses if subject property is out of Bozeman city limits and plus site
reconnaissance and research costs for complex facilities or large ranches.
The following business environmental risk conditions are not reviewed or completed
under a Phase I Environmental Site Assessment: wetlands, regulatory compliance,
cultural and historical resources, industrial hygiene, health and safety, ecological
resources, endangered species, indoor air quality, high voltage power lines, conducting
a soil or ground water investigation, performing a mold or asbestos inspection of
buildings, sampling for asbestos, lead-based paint, lead in drinking water, radon, urea
formaldehyde insulation, and polychlorinated biphenyls (PCBs). However, RAM
Environmental can provide any of these additional services upon request.
In the event that the Phase I Environmental Site Assessment discovers that there is a
potential for chemical contaminants to exist on the subject property, and that the
presence of the contamination may impact the health of the site occupants or the
environment, then an additional investigation will be recommended to determine the
degree of risk. This second phase of services is dependent upon the findings of the
Phase I Environmental Site Assessment.
RAM
Updated 12/02
ENVIRONMENTAL
Environmental Assessment of Real Property
Summary Outline of Services
Page 3
Phase II Environmental Site Assessment
The scope of services may include combinations of the following field tests and
activities:
1. Testing of underground storage tanks for content and integrity.
2. Sampling of drums or containers with unidentified contents.
3. Bulk soil sampling in and near suspected release sites.
4. Soil gas analysis to identify the potential for petroleum hydrocarbons and
volatile organic compounds such as industrial solvents and dry cleaning
chemicals to exist underground under a suspected release site.
5. Limited surface water sampling if there is a pond, lagoon or stream on the
property.
6. A comprehensive review of the regional and local geology to determine the
pathways leaked chemicals would follow in the event of a spill or leak.
7. Researching the list of individual ground water wells or subsurface water bodies
that may be affected by a suspected release.
8. Sampling of local ground water wells to determine ground water quality.
9. Drilling and follow-up sampling of monitor wells to determine if ground water
has been contaminated by a confirmed release.
10. A comprehensive inspection and sampling of the subject property building
materials for asbestos, lead or mold.
11. Providing a written report detailing our findings and recommendations.
12. Developing a cost estimate to design and implement a cleanup of any chemical
contaminants discovered.
13. Cost: Dependent upon the extent of services required.
In the event that the Phase II Environmental Site Assessment documents the existence
of chemical contaminants on the subject property, then a recommended plan of action
will be provided. This third phase of services is dependent upon the findings of the
Phase II Environmental Site Assessment.
RAM
Upd,ltcd 12/02
ENVIRONMENTAL
Environmental Assessment of Real Property
Summary Outline of Services
Page 4
Phase III Environmental Site Assessment
The intent of Phase III services is to restore the value of the subject property by
effectively removing the confirmed chemical contaminant. The presence of chemical
contaminants on a property does not necessarily require the notification of Federal
and/ or State Regulatory officials. The concentration of the contaminant and the matrix
(soit ground water or surface water) where the contaminant was discovered determine
the regulatory notification requirements. The scope of services may include
combinations of the following field tests and activities:
1. Removing and disposing off site of chemicals stored in drums or tanks.
2. Excavating and disposing off site of shallow soils impacted by a release of
chemicals.
3. Designing and constructing a remediation system to cleanup deep soils, ground
water or surface water.
4. Sampling the remaining matrix following cleanup actions to determine the
successfulness of the cleanup.
5. Providing a written report detailing our cleanup actions and recommendations
for further preventative programs.
6. Cost: Dependent upon the extent of services required.
If you have any questions regarding the scope of services as described above please
contact Tim Marcinko, P.E. at RAM Environmental (406) 586-3748.
RAM
Updated 12/02
ENVIRONMENTAL
Environmental Assessment of Real Property
Summary Outline of Services
Classification
Principal Engineer - PE
Senior Engineer - Eng II
Senior Scientist - Sci II
Project Engineer - Eng I
Project Scientist - Sci I
Assessor I - Asr I
Senior Technician - SnrTech
Technician II - Tech II
AutoCAD Drafter
Drafter
Laborer II - Lbr II
Laborer 1- Lbr I
Clerk - C 1
Attachment 1
RAM Environmental, LLC
Schedule of Charges
December 1, 2002
Page 5
Billing Rate
Subcontractor, Laboratory and material expenses are subject to a 10% coverage rate.
$90/hr.
$75/hr.
$75/hr.
$65/hr.
$65/hr.
$53/ hr.
$58/hr.
$50/ hr.
$45/ hI.
$41/hr.
$36/ hr.
$31/hr.
$26/hr.
RAM
Updated 12/02
ENVIRONMENTAL