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HomeMy WebLinkAboutPK1999-0308 - Original - AGI Technologies - The Reiman Trust Property Enviornmental Assessment, Phase II - 12/28/1999 CONSULTANT SERVICES CONTRACT BETWEEN THE CITY OF KENT AND AGI TECHNOLOGIES FOR THE REIMAN TRUST PROPERTY ENVIRONMENTAL ASSESSMENT, PHASE II THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and AGI Technologies, organized under the laws of the State of Washington, located and doing business at 11811 NE 1" Street, Suite 201, Bellevue, Washington 98005, PO Box 3885, Bellevue, Washington 98009, Phone (425) 453-8383, Fax (425) 646-9523, (hereinafter the "Consultant') Recitals The City desires that the Consultant performs services necessary to provide consultation and advice to the City that will evaluate real and potential soil and groundwater contamination identified during the Phase I Environmental Assessment performed by AGI Technologies for the Reiman Property The scope of services will meet or exceed current American Society for Testing and Materials (ASTM) Practice E 1527.97, Standard Practice for Environmental Site Assessments Phase 11 Environmental Site Assessment Process The Consultant agrees to perform the services more specifically described in the Scope of Work, dated December 15, 1999, including any addenda thereto as of the effective date of this agreement, attached hereto as Exhibit A which is incorporated herein by this reference as if fully set forth NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by and between the parties as follows 1. Description of Work Consultant shall perform all work as described in Exhibit A Consultant further represents that the services furnished under this agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed Contracts 1 of 14 12/15/99 AGI Environmental Assessment Phase II Reiman Trust Property II. Payment A The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirteen Thousand, Seven Hundred Dollars and NO1100ths ($13,700 00) for the services described in Section I herein This is the maximum amount to be paid under this Agreement Exhibit A, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement PROVIDED, HOWEVER, the City reserves the right to direct the Consultant's compensated services under the time frame set forth in Section IV herein before reaching the maximum amount B The Consultant shall submit monthly payment invoices to the City after such services have been performed, and a final bill upon completion of all the services described in this Agreement The City shall pay the full amount of an invoice within forty-five (45) days of receipt If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion C In the event the Scope of Work is modified or changed so that more or less work or time is required by the Consultant and such modification is reached by mutual agreement of the parties to this contract, the payment for services and maximum contract amount shall be adjusted accordingly upon agreement of the parties Contracts 2 of 14 12/15/99 AGI Environmental Assessment Phase II Reiman Trust Property XII. Recyclable Materials Pursuant to Chapter 3 80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable A price preference may be available for any designated recycled product XIII. City's Right of Inspection Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations XIV. Consultant to Maintain Records to Support Independent Contractor Status On the effective date of this Agreement (or shortly thereafter), Consultant shall A File a schedule of expenses with the Internal Revenue Service for the type of business Consultant conducts, B Establish an account with the Washington State Department of Revenue and other necessary state agencies for the payment of all state taxes normally paid by employers, register to receive a unified business identifier number from the State of Washington, and C Maintain a separate set of books and records that reflect all items of income and expenses of Consultant's business, all as described in the Revised Code of Washington (RCW) Section 51 08 195, as required to show that the services performed by Consultant under this Agreement shall not give rise to an employer-employee relationship between the parties which is subject to RCW Title 51, Industrial Insurance Contracts 10 of 14 12/15/99 AGI Environmental Assessment Phase II Reiman Trust Property XV. Work Performed at Consultant's Risk Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the work hereunder and shall utilize all protection necessary for that purpose All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work XVI. Non-Waiver of Breach The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect XVII. Resolution of Disputes and Governing Law Should any dispute, misunderstanding, or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the City, and the City shall determine the term or provision's true intent or meaning The City shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder If any dispute arises between the City and Consultant under any of the provisions of this Agreement which cannot be resolved by the City's determination in a reasonable time, or if Consultant does not agree with the City's decision on the disputed matter, jurisdiction of any resulting litigation shall be filed in King County Superior Court, King County, Washington Contracts 11 of 14 12/15/99 AGI Environmental Assessment Phase II Reiman Trust Property • This Agreement shall be governed by and construed in accordance with the laws of the State of Washington In any claim or lawsuit for damages arising from the parties' performance of this Agreement, the prevailing party shall be entitled to compensation for all legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this agreement XVIII. Written Notice All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the agreement, unless notified to the contrary Any written notice hereunder shall become effective upon the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing XIX. Assignment Any assignment of this Agreement by the Consultant without the written consent of the City shall be void If the City shall give its consent to any assignment, the terms of this agreement shall continue in full force and effect and no further assignment shall be made without the City's consent XX. Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant Contracts 12 of 14 12/15/99 AGI Environmental Assessment Phase II Reiman Trust Property XXI. Entire Agreement The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and any Exhibits attached hereto All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail IN WITNESS WHEREOF, the parties below have executed this Agreement AGI Technologies, Inc (Consultant) THE CITY OF KENT by i' _ by Dana '.To Scha{l�'ka J JIm hate J e its PM1q!pal � e to r its Mayor DATE DATE /a - APPROVED AS TO FORM ATTEST — r�r&—.�::��' — Kent Assista rn y kent City Clerk Contracts 13 of 14 12/15/99 AGI Environmental Assessment Phase II Reiman Trust Property Notices to be sent to Notices to be sent to CONSULTANT OWNER AGI Technologies Lon Flemm Pam Morrill Parks Planning and Development 11811 NE 1s` Street, Suite 201 220 4`h Avenue South Bellevue, WA 98005 Kent, WA 98032 (425) 453-8383 ((253) 856-5112 Contracts 14 of 14 12/15/99 AGI Environmental Assessment Phase II Reiman Trust Property S � i • txnibrt A AGI TECHNOLOGIES A CDM COMPANY December 15, 1999 99-1247 Ms Lon Flemm m City of Kent 220 4"Avenue South Kent,Washington 98032 Dear Lon Proposal Phase 2 Environmental Site Assessment Reiman Trust Property 321 West Smith Street Kent,Washington INTRODUCTION This letter presents AGI Technologies' (AGI)proposal to conduct a Phase 2 environmental assessment (EA) for the Reiman Trust property at 321 West Smith Street in Kent,Washington The City of Kent ins in the process of purchasing this property This proposal responds to your December 9, 1999 request BACKGROUND In November 1999, AGI completed a Phase 1 EA for the site The results of that investigation determined that previous site use had been as an auto parts store and a transfer fuel yard When the site was used as a fuel yard, a large aboveground tank existed on the site Potential contamination was identified from thus tank, especially since the site did not appear to have been paved at the time The auto parts store may have had a machine shop If so, contamination could have occurred from solvents that may have been used in the machine shop In addition to potential onsite concerns,AGI determined that railroad tracks had abutted the property to the north from about 1909 to about the late 1950s Diesel fuel is commonly found as a contaminant around railroad lines AGI recommended soil and groundwater sampling to evaluate potential contamination issues identified for this site I I81 I N I I,a Swu _201 Wnehmgam 9800S • P O Boc 3885 (Zip 98009) • Phone(425)453-8383 • MX(425)646-9523 WASHINGTON OREGON )APAN 2 Ms Lon Flemm AGI City of Kent iecxr�oi December 15, 1999 Page 2 SCOPE OF SERVICES The purpose of this Phase 2 EA will be to evaluate potential soil and groundwater contamination identified during the Phase 1 EA Our scope of services to conduct this EA will include the following tasks • Collect soil and groundwater samples at various areas of potential concern using a drive-point (Strataprobe'') sampling system • Analyze soil and groundwater samples for petroleum hydrocarbons • Evaluate collected data • Prepare a report presenting our findings, conclusions, and recommendations The report will include logs of exploration test holes, descriptions of conditions encountered and field- screening results, tables summarizing the analytical data, and figures showing test locations Laboratory reports will be included as an appendix FIELD METHODS Subsurface 3amplin Before conducting any fieldwork, we will subcontract with a private utility locator to mark underground utilities on the site Any available drawings of underground utilities should be provided to us before the locate to provide the most comprehensive coverage A truck-mounted dnve-pomt sampling device (Strataprobe) will be used to explore subsurface conditions and collect subsurface soil and groundwater samples The drive-point sampling method uses a hydraulically powered percussion/direct push machine that drives a tool string directly through the ground Test holes will be placed whenever possible at 8 to 10 locations throughout the site targeting potential source areas The maximum depth of each test hole is expected to be 10 feet (ft)based on the assumption that groundwater will be found within 8 ft of the ground surface Soil samples will be collected continuously using 2- or 3-ft-long split barrel samplers attached to the end of the drive rods Recovered samples will be examined and screened using field-screening methods to check for noticeable contamination Volatile organic compounds will be screened by placing a representative portion of each sample into a resealable plastic bag di_saggregated After about 5 minutes, volatile organic compounds will be measured in the headspace using an organic vapor meter equipped with a photoronization detector (OVM-PID) This is not a compound-specific analysis and is affected by, among other influences, climate (e g, temperature and humidity), soil type and conditions, instrument calibration and operation, and type of petroleum hydrocarbon compounds present W%9-124Mww Phase 2 EA.a Ms Lon Flemm AGI City of Kent rEcrrHuw December 15, 1999 IES Page 3 Heavier-end petroleum hydrocarbons (i e, diesel and oil) will be held-screened using 2,2,4-tnmethylpentane (TMP) This is also a qualitative analysis Approximately one part of soil (about 1 gram) is placed in a glass vial with approximately two parts of TNT. This mixture is shaken for about 1 minute, and the vial is then examined for any discoloration, which, if present, indicates the presence of hydrocarbons Samples showing evidence of contamination will be retained for laboratory analysis If contamination is not evident, one sample from each test hole will be retained for potential laboratory analysis from a depth contamination is considered most likely Groundwater samples will be collected at up to four locations Groundwater encountered during this investigation will sampled directly through the sampler. When groundwater samples are to be collected, a screen is attached to the end of the tool string After the rods are driven to the desired depth, the rods are pulled back, thereby exposing the screen Groundwater samples are then collected through the rods using a peristaltic pump and Tygon tubing All test holes will be filled with bentomte and patched with asphalt Laboratorit Analysts We propose to submit up to eight soil samples for petroleum hydrocarbon-screening analysis by Northwest Method NWTPH-HCID Should results of the screening analysis indicate the presence of petroleum hydrocarbons, further analysis will be required to quantify the concentrations of the specific contaminants of concern For purposes of this proposal, we estimate analyzing up to six samples for diesel- and oil-range petroleum hydrocarbons using Northwest Method NWTPH-Dx Four groundwater samples will be screened for petroleum hydrocarbons using Method NWTPH- HCID, and three samples will be analyzed for chlormated and nonchlonnated compounds using EPA Method 8260 SCHEDULE AND BUDGET We will begin the Phase 2 EA upon your authorization to proceed, assuming that we are authorized to proceed by December 23, 1999 We expect to conduct the fieldwork during the first week in January The fieldwork will require 1 day Samples will be submitted for analysis on a standard 2-week turnaround The report will be completed within 2 weeks after receipt of the final analytical results,or about February 4, 1999 Our services will be billed on a time-and-materials basis in accordance with our General Conditions and Schedule of Charges,copies of which are attached Our cost estimate to complete the Phase 2 EA as outlined above is $13,700 Table 1 provides a breakdown of costs This budget will not be exceeded unless the scope of work changes and you have agreed to the change. W W-124ARa an Pha 2 EUX Ms Lon Flemm AGI City of Kent �ECHNmo December 15, 1999 IE Page 4 We are pleased to present thus proposal and look forward to working with you on this project If you have any questions or require additional information,please contact me at (425)453-8383 Sincerely, AGI Te nologies P 1 J Mon-ill,CHMM Senior Scientist Attachment W999-724TA,i Phase EAEx Y AGI TECNNOIOGIES Table 1 Cost Estimate City of KenUReiman Trust Property Phase 2 EA Kent, Washington Mobilization and Fieldwork $3,000 Utility Locate 300 Drilling Subcontractor 2,800 Equipment and Supplies 300 Laboratory Analysis 1,900 Report Preparation 5 ,400 Total $13,700 YQCORD,. CERTIFICAT F LIABILITY INSURAt 'E PAGE 1 OF 1 1DATE(MMIDDIYY) 3-APR-1999 PRODUCER 66575 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Willis Corroon Corporation of Seattle ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P O Box 34201 HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 701 Fifth Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW '00 Columbia Center COMPANIES AFFORDING COVERAGE attle WA 98124 It06) 386-7400 COMPANY Commerce and Industry Insurance Company Becky Anderson A INSURED COMPANY B AGI Technologies COMPANY P O Box 3885 C Bellevue WA 98009 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POUCIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPEOF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE(MMIDD(YY) DATE(MMIDD(YY) LIMITS Ai GENERAL LIABILITY GL4177807 01-OCT-1998 01-OCT-1999 GENERAL AGGREGATE $ 2.000,000 X I COMMERCIAL GENERAL LIABILITY PRODUCTS-0OMPIOP AGO $ 2.000.000 CLAIMS MADE I OCCUR PERSONALS AOV INJURY $ 1 .000.000 OW NEFSBCONTRACTORSPROi EACH OCCURRENCE $ 1 .000.000 X WA Stop Gap FIRE DAMAGE jAny one fire) $ 50.000 MED EXP Any one Der eon I$ 5.000 A 11 AUTOMOBILE LIABILITY ICA7665959 01-OCT-1998 01-OCT-1999 1 ,000,000 COMBINED SINGLE LIMIT $ X ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per parson) X HIRED AUTOS BODILY INJURY $ NON OWNED AUTOS (Per acci I) HPROPERTY DAMAGE $ GARAGE LIABILITY (AUTO ONLY EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY I EACH OCCURRENCE $ UMBRELLA FORM (AGGREGATE $ OTHER THAN UMBRELLA FORM I $ WORKERS COMPENSATION AND WCo T-I OTH ER EMPLOYERS'LIABILITY I •ITS THE PROPRIETOR/ EL EACH ACCIDENT $ PARTNERS/EXECUTIVE INCL' EL DISEASE POUCVLIMIT $ OFFICERS ARE EXCL EL DISEASE EA EMPLOYEE $ OTHER I DESCRIPTION OF OPERATIONWLOCA nONSIVEMMLESISPECIAL ITEMS The Certificate Holder is added as an Additional Insured under the General Liability as respects work performed on behalf of the Consultant , per form #SF00008 attached . Severability of interest applies . CER1 FICATEHOLDER CAMCELLhT[ON mplaoaseenslaladl(U08[88 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Kent,City of EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Parks&Recreation Dept 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Attn Joan Broom LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 220 4th Avenue South ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATWES Kent WA 98032 AUI1REDR RESENTATVE / 4 ACORO 25-5 1 95 WR03 QA RD CORPORA N 1988 This endorsement, effective 12 01 A M , October 1, 1998 forms a part of Policy No GL 417 78 07 issued to AGI TECHNOLOGIES by COMMERCE AND INDUSTRY INSURANCE COMPANY BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following CONKNIERCIAL GENERAL LIABILITY COVERAGE PART SECTION II-WTIO IS AN INSURED is amended to include as an insured that person, organization, trustee, estate or governmental entity which requires by written contract or permit required by law or regulation to be so named Coverage is provided only with respect to operations performed by you or on your behalf or to facilities you use that are specified in the written agreement or permit The limit of liability for the coverage provided by this endorsement shall not exceed the Limit of Liability specified in the written agreement or permits and in no event shall the limit of liability exceed the applicable Limit of Liability for this policy as stated on the Declarations Page All other terms and conditions remain unchanged CITY OF KENT 220 4th AVENUE SE KENT, WA 98032 AUTHORIZED REPRESENTATIVE SF00008 ACORD„ CERTIFICATEOF LIABILITY INSURAN PAGE.1 OF,,l 28-SEP-999 PRODUCER 75451 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Willis Corroon Corporation of Seattle ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P O Box 34201 HOLDER THIS CERTIFICATE DOES NOT AMEND, ExTEND OR 701 Fifth Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 4' Columbia Center COMPANIES AFFORDING COVERAGE S e WA 98124 (206)386-7400 COMPANYAmencan International Specialty Lines Ins Co Becky Anderson A INSURED COMPANY B AGI Technologies COMPANY P O Box 3885 C Bellevue WA 98009 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO rypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE(MMIDDIM DATE(MMIDD" LIMITS GENERAL LIABILITY '---- GENERAL AGGREGATE $ COMMERCIAL GENERAL UABIUTY PROOUCTSCOMPOP AGO $ CLAIMS MACE OCCUR PERSONAL&AOV INJURY $ OWNERS&CONTRACTOR S PROT EACHOCCURRENCE $ FIRE DAMAGE(Any one Fire $ MED EXP(Anyone arson AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANYAUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON OWNEO AUTOS (Per acadent) PROPERTYDAMAGE $ GAR AGE LIABILITY AUTOONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE Is EXCESS LIABILITY EACHOCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ OTH WORKERS COMPENSATION AND WC STATU- TORY LIMITS EMPLOYERS LIABILITY --- THE PflOPRIETORI ELEACHACCIDENT $ PAR TNERS/EXECUTIVE INCL EL DISEASE POLICY LIMIT $ OFFICERS ARE EXCL EL DISEASE EA EMPLOYEE A OTHER Profession al/ COPS2672297 01-OCT-1998 01-OCT-2000 $1,000,000 each occurrence Environmental Liability and In the aggregate' DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLESISPECIAL ITEMS r 0 e C 0 . , *The aggregate limit is the total insurance available for claims presented within the policy period for all operations of the Insured . The limit will be reduced by payments of indemnity and expense . CERTWICATF HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Kent,City of EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Parks&Recreation 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn Joan Broom BUT F HIRE TO MAIL SUCH NOTICE SH IMPOSE NO OBLIGATION OR LIABILITY 220 4th Avenue South OF KIND UPON THE COMPA S AGENTS OR REPRESENTATIVES Kent WA 98032 AUTH REP ESENTAT VE ACORD 25-S 1 9S WADS CACORD CORPORA-TION 1988