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HomeMy WebLinkAboutCAG1999-0360 - Original - Shannon & Wilson, Inc - Phase II Enviornmental Site Assessment of the Brutsche Property - 04/05/1999 SHANNONE6WI�LSOAL N S INC. March 31, 1999 City of Kent 220 41h Ave. S. Kent, WA 98032 Attn: Mr. Brent McFall RE: PROPOSAL FOR A PHASE II ENVIRONMENTAL SITE ASSESSMENT OF THE BRUTSCHE PROPERTY, PARCELS B. C AND D, KENT, WASHINGTON Shannon & Wilson, Inc., is pleased to submit this proposal for a Phase II Environmental Site Assessment (ESA) for the above referenced property. Our scope of services is based on a review of the Phase I ESA results and conversations with you. The Phase II ESA is recommended in anticipation of the property purchase by the City of Kent. Because of the former land use, there is a potential for soil and groundwater contamination to be present beneath the site. The objective of the Phase II ESA is to evaluate areas of potential contamination that were identified in the Phase I ESA. A summary of the Phase I ESA findings is attached. SCOPE OF WORK The scope of work for the Phase II ESA will include a geophysical investigation and soil and groundwater sampling on Parcels B, C and D of the Brutsche Property and report preparation and presentation, as described below. The scope of work is broken out by parcel in Table 1 and includes a description of the identified environmental concern, the approach and rationale for investigating the environmental concern, and the sampling activities and laboratory testing that are to be performed. Geophysical Investigation The historical review performed as part of the Phase I ESA identified historical uses that may have included railroad activities and use of debris as fill. To determine if railroad structures and debris are present beneath Parcels B, C, and D, a geophysical survey of accessible portions of each parcel will be completed prior to performing soil and groundwater sampling. The survey u NCi ;TH O:TH STREET • SUITE 100 o co>' 30;,303 TP-9448-1 E�T TLE. `:,ASFJINGTON 98103 32•d320 FAX 206.633.6777 "DD J 1.800.333.6388 City of Kent 'S i'A'-'NON W SON,INC. Attn: Mr. Brent McFall March 31, 1999 Page 2 will include ground penetrating radar (GPR) and electromagnetic (EM) techniques. The survey will be focused on the specific areas in each parcel that are most likely contain buried structures and debris based upon the available historical information In the event that a buried structure, underground storage tank (UST), or buried debris is identified, additional sampling and analysis would be required as described below under optional sampling. Soil and Groundwater Sampling and Analysis The scope of work is broken out by parcel on Table I and includes a description of the identified environmental concern, the approach and rationale for investigating the environmental concern, and the sampling activities and laboratory testing that are to be performed. General proposed sampling locations are identified in Figure 1. Sampling has been proposed for accessible areas most likely to have been adversely impacted by historical and current site use. Sampling will be performed using a probe rig to collect soil and groundwater samples. Because of the amount of debris and thickets on site, many areas were not accessible for inspection during the Phase I and will not be directly investigated during the Phase II work. Placement of one of the probe locations is dependent on access and may be advanced on either Parcel A or B. No change in field investigation costs will occur if the probe is located on Parcel B. However, analytical costs for this location are assumed to be paid for equally by the City of Kent and Sound Transit. During probe sampling, an attempt will be made to determine local groundwater flow direction. Three of the outermost probes will be drilled first, then be left open for the duration of the fieldwork. Water levels will be measured in the open holes and the elevation of the water determined based on relative surveying to an arbitrary datum. The holes will be plugged and sealed at the end of the fieldwork. Optional Soil and Groundwater Sampling and Analysis Additional analytical testing of soil may be warranted based on field observations. This scope of work assumes one soil sample from above the water table will be selected for analytical testing. If soil within the smear zone (area of groundwater fluctuation likely between 4 and 8 feet of TP-9448-1 City of Kent :U ANNON FMILSON,INC. Attn: Mr. Brent McFall March 31, 1999 Page 3 ground surface) appears contaminated, an additional soil sample should be collected for analysis. Additional analyses, if performed, would be consistent with rationale presented in Table 1. In the event that buried structures are encountered during the geophysical investigation, additional sampling and analysis would be required. Approaches for performing contingent soil and groundwater sampling have been included in Table 1. Additional probes or samples, beyond the optional scope outlined herein, would not be completed without prior authorization. The cost of any additional investigation would be included on a unit cost basis using rates presented in Table 2. Phase II ESA Report Two copies of our Phase II ESA will be provided to the City of Kent within three weeks of receipt of all final laboratory data. Verbal results can be provided as soon as available. Laboratory results are typically available within 7 days of sample submittal. (A more rapid turn- around of 24 hours can be provided from the laboratory for a substantial additional fee.) The report will summarize the results of the Phase II ESA. It will include a site plan indicating the soil and groundwater sampling locations, logs of probes, as well as laboratory test data. The results of the chemical tests will be summarized and evaluated with regard to the potential for soil and groundwater contamination at the site. SCHEDULE AND ACCESS Shannon & Wilson will schedule the proposed scope of work immediately upon receipt of written authorization to proceed. The geophysical survey will be conducted before any sampling so that sample locations can be adjusted based on findings. It is anticipated that the field work for this Phase II assessment can be completed within 10 days of notice to proceed if unrestricted access is provided. We assume that the City of Kent will coordinate access with the property owner will facilitate any street use permits, and will coordinate vehicle moving, if required. If access to any parts of the property is delayed, additional costs will be incurred for remobilization and coordination. We will keep you informed if these situations arise. TP-9448-1 City of Kent SHANNON&WILSON,INC. Attn: Mr. Brent McFall March 31, 1999 Page 4 ESTIMATED COST The total estimated cost to complete the proposed investigation is itemized in Table 2. The estimated cost for this scope of work is based on present knowledge of the site and objectives, which is believed sufficient to cover services herein described, but no guarantee is made or implied. We have also included optional costs that could be incurred based on the results of the geophysical survey or visible evidence of contamination identified during our site explorations. Only those costs incurred will be charged, and they will not exceed the estimated cost (plus optional costs) without prior approval. The project will be billed on a time and materials basis. CONDITIONS OF ENGAGEMENT The terms and conditions of our engagement will be in accordance with the attached Agreement for Professional Services. Our report will be prepared on behalf of and for the exclusive use of the City of Kent and its representatives. This proposal is valid for a period of 30 days from the date of issue. It may be accepted by signing both copies and returning one to us. LIMITATIONS The Phase II ESA will not necessarily identify all the sources or occurrences of soil and groundwater contamination beneath the property. Additional sampling may be warranted based on the findings of this Phase II ESA. The scope of a Phase II ESA is not intended to characterize the vertical and lateral extent of all areas of contamination, but rather to identify areas of contamination and provides some limitation on extent. Some recognized environmental conditions cannot be reliably investigated with standard Phase II methods, such as abandoned USTs, random hot spots in fill, and historical spills of regulated substances. In addition, some areas of potential concern may not be accessible for Phase II investigations such as beneath structures, beneath soil or debris piles, in drain lines, and beneath heavy equipment. For these reasons, City of Kent should plan on a contingency fund for handling unexpected contamination during construction. Shannon & Wilson has prepared the attached "Important Information about Your Environmental Proposal" to help you understand the limitations of our investigation. If after reviewing this TP-9448-1 City of Kent SHANN.ON&WILSON,INC. Attn: Mr. Brent McFall March 31, 1999 Page 5 proposal you have any questions or need additional information, please feel free me at (206) 695-6893. Sincerely, SHANNON & WILSON, INC. Scott W. Gaulk'� Associate , ACT:SWG:DNC/act Enclosures: Table 1 - Brutsche Phase II Work Scope Table 2 - Phase II ESA Detailed Cost Estimate Figure 1 - Site Plan Phase I ESA Summary of Concerns Agreement for Professional Services GH-99 (1/99) Important Information About Your Environmental Proposal I accept the above conditions and authorize the work to proceed. By Signature (print) Date Organi ation TP-9448-1 _ U •^ q 'vi O 00 Ca U L N S ° ° E ° cq o aO> � E' U N _ 3 �- N 2 > e G G�� 3 x r fl.� E r E u cs ¢ u E u cs u a. N n n� rn� " ¢ — ate ¢ c R ¢ � F- UOU oF• Up of xU > w wo.. u3 �� 0 z L c U Li ° = t p s E C T U q y C.) G N y C L C U L U 3 c3 •u .. ._ � v oo.E u u � W G G U C N C U G O C U 3 U u ° ; E c c •� G E ° •o c y U_ •V CJ c cj L t u u_ O _ aTi o o C- C) 3 ° cam. C- 3 o E C G G U c3 60 O �, � .. N �, L O L°. y E O U C f L O N 3 _ L G c c ou ° G o c N c A C. C — G Ca _ Q Q U � r _ v U y — L ^ G O R t3 to c3 73 v 0 G U hUrO W C C 3 V N _ U G ° v G N E r_ V 3 c1 r cS cJ = C 3 p 7 c a cs v r7 L '> a 3 — r. 3 > c ` c c i= cc c ` " c 3 uo L N 'L ... L U cc ._ y r Ny CS bq C) L OA U L to CS E Q c.E c7 � c � c 'E h c E L _ c c a L InL cs o ° .> r c v L U N r' W V] � L• ctl frJ 'D 'J y U U D > 3 w U u p V G tQ U co E H E a a c p o ,pw° c -C ` moo ° -° o a o m N E fS E p •_ N Q C C C 'O .m N c 0 U c / \\ r \ 7 — \ ) \ £ 7 ) / \ ( \ j ) E / j a co \ \ 22 \ \ § ( 2 . . . . f : \ . ; § - - _ ` _ _ \ ; \ ) / k \ ) 2 ® \/ § Jƒ \ 4 ] ) \ \ ) \\ & \\ d _ u 2 ) ( \ ) - � ) \ > — CL ` /\ < , to.- \/ \ / ) ) 0 E ) \ ¢\ j / M. � � $ } u ue4a & cn 2 : gtEaa / & ® a253 2 _ / /'/ Q Q ] / - � ) U t"4 § > L=l o ) $ E 2 lE ; \ \ D � § — } � _ f 2 \ o © _ / ) } § / j ) a = § � E4V3> TABLE 2 Shannon &Wilson, Inc. PHASE II ESA DETAILED COST ESTIMATE Item Rate Quantity Subtotal Totals PHASE II ENVIRONMENTAL SITE ASSESSMENT FIELD INVESTIGATION COSTS Labor Officer $145 /hour 1 $145 Project Manager $106 /hour 4 $424 Site Geologist $57 /hour 16 $912 $1,481 Field Investigation Direct Costs Private Utility Clearance $75 /hour 4 $299 Stratoprobe-push probe sampling $2.000 /day 1 $2,000 Concrete Coring $115 /hour $0 Geophysical Survey $600 /lot 3 $1,800 Disposal of IDW* TBD TBD $4,099 Other Direct Costs Mileage $0.35 /mile 70 $25 Photoionization Detector(PID) $99 /day 1 $99 Health&Safety Equipment $25 /day 1 $25 $148 Laboratory WTPH-G(6 soil,6 water) $69 /each 12 $828 WTPH-D Extended(6 soil,6 water) $69 /each 12 $828 Halogenated Volatile Organics(VOCs,water only) $173 /each 6 $1,035 PAHs(if oil detected,assume half) $161 /each 6 $966 RCRA 8-Metals-Soil(if oil detected,assume half) $69 /each 3 $207 RCRA 8-Metals-Water(if oil detected,assume half) $98 /each 3 $293 Laboratory for shared probe near drum storage area(share with Sound Transit) WTPH-G $69 /each 1 $69 WTPH-D Extended $69 /each 1 $69 SVOCs $339 /each 1 $339 VOCs $173 /each 1 $173 RCRA 8-Metals-Soil $69 /each 0 $0 RCRA 8-Metals-Water $98 /each 1 $98 subtotal,halved $374 $4,531 DATA ANALYSIS/REPORT Labor Officer/Review $145 /hour 2 $290 Project Manager $106 /hour 4 $424 Engineer $57 /hour 50 $2,850 Site Geologist $57 /hour 4 $228 Drafter $58 /hour 2 $116 Clerical $45 /hour 8 $360 Reproduction $45 /hour 2 $90 $4,358 Other Direct Costs Film and Developing $15 /roll 1 $15 Copies $0.05 /page 300 $15 $30 TOTAL ESTIMATED COST FOR PHASE II ESA $14,647 TP-9448-1 city.kent.brutsche.xls\act-rev Page 1 of 2 3/31/99 TABLE 2 Shannon&Wilson, Inc. PHASE II ESA DETAILED COST ESTIMATE Item Rate Quantitv Subtotal Totals OPTIONAL TASKS ADDITIONAL LABORATORY TESTING(for additional soil testing within the smear zone) WTPH-G(assume one per probe) $69 /each 6 $414 WTPH-D Extended(assume one per probe) $69 /each 6 $414 PAHs(if oil is detected,assume half) $161 /each 3 $483 RCRA 8-Metals-Soil(if oil is detected,assume half) $69 /each 3 $207 $1,518 FIELD WORK COSTS(if buried structures are discovered,assume one dav) Labor Officer $145 /hour $0 Project Manager $106 /hour l $106 Site Geologist $57 /hour 8 $456 $562 Field Investigation Direct Costs Stratoprobe-push probe sampling $2,000 /day 1 $2,000 $2,000 Other Direct Costs Mileage $0.35 /mile 70 $25 PID $99 /day 1 $99 Health&Safety Equipment $25 /day 1 $25 $148 Laboratory(for buried structures) WTPH-D Extended $69 /each 12 $828 $828 TOTAL ESTIMATED COST FOR OPTIONAL TASKS $5,056 Notes: * Disposal of investigation derived waste(IDW)is not included in cost estimate. Field investigation costs and laboratory costs include 15%markup. PAHs=polynuclear aromatic hydrocarbons RCRA=Resource Conservation and Recovery Act SVOCs=semivolatile organic compounds V OCs=volatile organic compounds WTPH-G=Washington Total Petroleum Hydrocarbons as Gasoline WTPH-D Extended=Washington Total Petroleum Hydrocarbons as Diesel-Extended TP-9448-1 city.kent.brutsche.xls\act-rev Page 2 of 2 3/31/99 m c e � w d LL N Z oyrn Z CL ° 3 w c F Z 3333 !/1 a m �Y W b A q O n 5 >� W m u U Alley m8 a N m 2. �N i n'o 79 v e y \ E E`o q o �m --mom E'�Q �E E y am. \— w e E `° �2S Ba n &�q y��j oLL¢ E g J LL d S a N Q L O o m E }Fy p$ a8eJols sleualeyy 6e900a swy0 —m y O m j Y q Q UI N y q LL > ` N 'C gu frfr O 1 8 O D\ bE m a s m oc w 2C 0=6 a mN 3 0s-if 3/ O m c m 4 = m = q o O c 6~ E c m a a a1,0 0 m m >c g c rn oU > N e o o m a 2 E a o. s �' u m x 3 `m 2 m m g a n N U � IL e \ a m v c = c m_ is o u Q O S u C e w �C as W O C J N C N d � 4th Avenue N z 'c m F 72 .4 0 2 VI y LL O o� c q Z E� N SHANNON&WILSON,INC. PHASE I ESA SUMMARY OF CONCERNS BRUTSCHE PROPERTY Historical Concerns: Parcels B and C ► Significant storage of old vehicles, drums, and equipment on the these parcels, possible soil contamination. ► Soil piles present in 1995; possible fill material from an unknown source. ► Railroad spur historically located on Parcel C; it is not known if spills occurred, or if railroad tracks and ties remain buried on site. Parcel D ► Railroad spur historically used by Borden; potential impacts to soil and groundwater if spills occurred, or if railroad tracks and ties remain buried on site. ► Significant areas of vehicle and equipment storage in the last several years; potential for hazardous materials to have leaked from stored equipment and to have been released to the soils on site. Current Use Concerns: Parcels B and C ► Stormwater pond may be contaminated from Parcel A runoff; potential for sediment contamination. ► Fill material, debris, and equipment present in Parcel B; potential for underlying soils to be impacted. ► Oil drum observed on southeast side of Parcel C; it is not known if material in this drum has leaked to the underlying soils. ► Several areas of the site were obscured by dense vegetation; potential for debris, old equipment, and related surface staining to be present. Parcel D ► Significant number of vehicles stored in east half of parcel; potential for underlying soils to be impacted by leaks or spills. Adjacent Site Concerns: ► Former possible fuel transfer business south of Parcel C; potential for soil and groundwater contamination. ► Adjacent properties have known contamination in soil and groundwater, based on list search; there is a low potential that the subject property has been impacted. TP-9448-1 S;-.ANNON VVILSON,INC. List Search Concerns: ► Methanol remains in groundwater on Borden property to the north (status of other contaminants was not determined); groundwater flow is reportedly to the northwest, so potential for contaminant migration to the site is considered low. King County Library to the south has not reported off-site groundwater contaminant migration, although the source of the contamination is unknown. ► Two registered gasoline USTs on Silvestri property to the east; it is not known if contamination is present. ► There is a potential for groundwater contamination (if any) on sites to the southeast (e.g., former drum storage yard) to migrate to the subject property based on the reported groundwater flow direction. Preferential flow along the utility trenches in Smith Street could increase potential for contaminant migration to the site. TP-9448-1 - SHANNON & WILSON, INC. Attachment to and part of Proposal TP-9448-1 Geotechnical and Environmental Consultants - ' Dated: March 31, 1999 To. Mr. Brent McFall AGREEMENT FOR PROFESSIONAL SERVICES Re: Phase II ESA, Brutsche On the Basis of Hourly Rates for Projects with No Known Hazardous Substances From: Scott Gaulke 1. PROFESSIONAL SERVICES ees for services are ase on the time expended on the project,including travel,by professional,technical, and clerical personnel. The fee will be computed by multiplying the number of hours worked by each class of personnel by the hourly rate listed below for that class: En ./Geol./H dro./Envron./Risk As Overtime Officer S145.00 error nncipa s S. Sr.Technician/Drafter $61.00 776- b Staff Consultant 120.00 Principal 82.00 Technician/Drafter IV 58.00 72.00 Senior Associate 126.00 Senior 75.00 Technician/Drafter Ill 51.00 64.00 Associate 106.00 Category IV 70.00 Clerical 45.00 56.00 Category III 63.00 Technician/Drafter II 41.00 51.00 Category 11 57.00 Technician/Drafter 1 35.00 44.00 Category I 50.00 SPECIAL SERVICES Computer Analyst S 61.00 Info.Resources Spec. 55.00 These rates are for Shannon&Wilson's current fiscal year(FY). At the end of each FY(December 31)rates will be reviewed and adjusted for the next fiscal year. 2. REIMBURSABLE EXPENSES Expense,other than salary costs at are directly attributable to our professional services will be invoiced at our cost plus 15 percent. Examples include but are not limited to expenses for out-of-town travel and living,information processing equipment,instrumentation and field equipment rental,special fees and permits,premiums for additional or special insurance where required,long distance telephone charges,local mileage and parking,use of rental vehicles,taxi,reproduction,local and out-of-town delivery service,express mail,photographs,film,laboratory equipment fees,and job-related shipping charges and supplies. 3. BORINGS. GEOPHYSICAL SURVEYS AND OTHER EXPLORATIONS. FIELD TESTS, LABORATORY TESTS, AND OTHER CONTRACT SERVIULS When we engage a su contractor(s)for drilling or other exploration,testing,and/or other contract services,we will invoice you for the subcontractor's services plus 15 percent. An exception would be work performed by a wholly owned subsidiary of Shannon&Wilson,Inc.,whose invoices will be included in our invoice without markup. Borings,geophysical surveys,pile loading tests,plate bearing tests,in situ tests,and other field tests conducted using our equipment and personnel will be billed for labor as computed under the first paragraph of this schedule,plus the usage of our equipment at our current equipment usage rate. Laboratory tests performed using our equipment and personnel will be billed at either(1)the charge for labor,as computed under the first paragraph of this schedule;or(2)current unit prices,if specified in the proposal. 4. USE OF SUBCONSULTANTS AND SUBCONTRACTORS t is agree that Shannon&Wilson,Inc.,will not issue subcontracts to subconsultants and/or subcontractors for and as part of its work hereunder without your prior written consent,which consent shall not be unreasonably withheld. When subconsultants and/or subcontractors are used,the total cost of their services will be marked up 15 percent. 5. RIGHT OF ENTRY Unless otherwise agreed,you as the"Client"will furnish us with applicable permits and right-of-entry on the land,and you will be responsible for the propriety of the time,place,and manner of our entry to the site where we are to make borings,surveys,and other explorations. We will take reasonable precautions to reduce damage to the site from use of equipment,but have not included in our proposed fee the cost of restoration of the site. If you desire us to restore the site to its approximate former condition(i.e.,if compaction of backfill,pavement patching,restoration of lawns or vegetation,etc.will be required),we will accomplish this by contract services and add the cost plus 15 percent to our fee. We will give you an estimate for such restoration, if requested. In the absence of an agreement for such restoration,you agree to defend,hold harmless,and indemnify us from any loss suffered by Shannon &Wilson,Inc.,arising in connection with or related to our access to,entry upon,or the restoration of the site,for the purposes described in this paragraph. 6. BURIED STRUCTURES AND UTILITIES It there are any buried structures and/or uti[ties such as sewer,electric,etc.,on land where exploration is to take place,you will provide us with a plan showing their existing locations. We and our subcontractors will use reasonable care and diligence to avoid contact with buried structures and/or utilities as shown. You will defend,hold harmless, and indemnify us,your"Consultant,"consisting of Shannon&Wilson,Inc., and our subconsultants and subcontractors,from any loss resulting from inaccuracy of the plans,or lack of plans,relating to the location of buried structures and/or utilities. 7. WORKERS'COMPENSATION INSURANCE We shall provide workers'compensation insurance(and/or employer's liability insurance)as required by applicable state statute. 8. GENERAL LIABILITY: LIMITATION Shannon&Wilson,Inc.,agrees to indemnify and hold you harmless on account of that liability due to bodily injury or property damage arising directly out of our negligent operational acts,but our liability under these indemnity and hold harmless obligations will be limited to the coverages available under our comprehensive general liability insurance,and not otherwise. We carry comprehensive general liability insurance,which,subject to its limits,terms, and conditions,provides protection against liability arising out of bodily injury and property damage that is the direct result of our operational negligence. At your request,we will provide certificates evidencing such coverage. At your request,we will also purchase those additional limits of liability insurance that you may require,as a separate cost item to be borne by you. 9. PROFESSIONAL LIABILITY: LIMITATION Shannon&Wilson,Inc.'s liability arising in connection with this contract,including for breach of contract,consequential or incidental damages,and for all its negligent acts,errors,or omissions in the performance of professional services hereunder,shall not exceed Fifty Thousand Dollars($50,000.00)or ten percent(10%)of our total invoice amount,whichever is greater,for injuries or loss to you or for which you become legally liable,including any claims for costs of defense or other incurred costs. If you are unwilling or unable to limit our professional liability to these sums,we will negotiate the amount of limitation and its cost. You must notify us in writing at the time you accept our proposal your intention to so negotiate the amount of limitation and its cost. Absent your prior written notification to the contrary,we will otherwise proceed on the basis that our total liability is limited to S50,000 or 10 percent of our total invoice,whichever is greater. 10. WARRANTY OF SITE CONDITIONS-DISCOVERY OF HAZARDOUS SUBSTANCES You hereby guarantee that you o not ow or have reason to know of the presence of hazaardou of xic,or radioactive substances,including waste or other contaminants on or under the project site or sites,or on or in property that must be crossed to conduct our work. It shall be your duty to advise us immediately of any discovery of hazardous,toxic,or radioactive substances,including waste or other contaminants,or threatened release of same,on or near the site or sites upon which work is to be performed by us,our employees,subconsultants,or subcontractors. If hazardous,toxic,or radioactive substances,including waste or other contaminants are discovered during the course of or in connection with our work,it is hereby agreed that the scope FY 99 Form No.GH-99(1/99) Page 1 of 2 of services,schedule,and the estimated project cost will be reconsidered,and that this contract shall immediately become subject to renegotiation or,in the sole discretion of Shannon&Wilson,Inc.,subject to suspension or termination. If we terminate this agreement because hazardous,toxic,or radioactive substances,including waste or other contaminants are discovered,it is agreed that we shall be paid our reasonable termination expenses. Termination expenses shall be defined to include the total charges for labor performed through the termination notice date, plus reimbursable charges, plus reasonable expenses to account for our costs for rescheduling,adjustments,reassignment of personnel,and related costs incurred due to termination,as well as labor and reimbursable charges related to: (1)complying with federal,state,or local laws regarding hazardous substances,including federal,state,or local laws regarding hazardous,toxic,or radioactive substances,including waste or other contaminants;and(2)decontamination or replacement of contaminated equipment or consumables. 11. DISPOSITION OF SAMPLES AND_ EQUIPMENT A samples ofof unpolluted stTotl an roc w�bet discarded 30 days after submission of our final report unless you advise us to deliver the samples to you, at your sole expense,or to store them for an agreed storage charge. If samples,materials,tools,or equipment contain or come in contact with substances or constituents hazardous or detrimental to health,safety,or the environment as defined by federal,state,or local statutes,regulations,or ordinances,we will,at your(Client's)expense,return such samples and materials to you. All tools,equipment,and consumables contaminated in performing our services will be decontaminated,or disposed of and replaced,at your expense. 12. PAYMENTS TO CONSULTANT Invoices will be submitted periodically for prior services. Payment will be due upon receipt of invoice. An account will become delinquent 30 days after date of billing. It is agreed that a late charge will be added to delinquent accounts at the rate of one-and-one-half percent(1-1/2%)for each 30 days from the date of billing(provided the rate of such late charge shall not exceed the maximum allowable by the laws of the state in which our office submitting the invoice is located;and in that case,then the highest legal rate). If you fail to make payments to us within 30 days of receipt,we may,after giving seven days written notice to you,suspend services. 13. ON-SITE JOB RESPONSIBILITY It is understoodan agree at Shannon&Wilson,Inc.,will not be responsible for any contractor's means,methods,sequences,and/or procedures of construction,nor has it been retained to provide,nor will it be compensated for providing professional services relating to the personal safety of anyone on site other than Shannon&Wilson,Inc.,employees and its authorized agents,and that Shannon&Wilson,Inc.,will not be assuming any responsibility for providing such services. 14. STANDARD OF CARE/ABSENCE OF WARRANTIES Shannon&Wilson,Inc.,agrees that it will perform its services in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions, and in accordance with sound and generally accepted principles consistent with normal consulting practice. Shannon&Wilson,Inc., provides professional services,however,and nothing in this contract shall be construed to constitute an express or implied warranty,including(but not limited to)any warranty or merchantability or fitness for a particular use. 15. OTHER PROVISIONS It is agreed that this contract is entered into by the parties for the sole benefit of the parties to the contract,and that nothing in the contract shall be construed to create a right or benefit for any third party. It is agreed that no action may be commenced by you against Shannon&Wilson,Inc.,on any claim arising out of Shannon&Wilson,Inc.'s services under this contract,whether based upon negligence or breach of contract,more than one year after the date Shannon&Wilson,Inc.,has performed its services under this contract. Neither party shall hold the other responsible for damages or delay in performance caused by weather and other acts of nature,strikes, lockouts,accidents,or other events beyond the control of the other or the other's employees and agents. This agreement shall be construed pursuant to the laws of the state in which our office submitting the proposal(confirming letter)is located. If any provision of this agreement is found to be unenforceable,illegal,or contrary to public policy,the remaining portions of this agreement shall remain in effect and shall be enforceable. One or more waivers by either party of any provision,term,condition,or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. If there is a dispute between Shannon&Wilson,Inc.,and you concerning the performance of any provision in this agreement,the losing party shall pay the prevailing parry all reasonable costs incurred in connection with the dispute,including staff time,court costs,attorneys'fees,and other dispute-related expenses. If any other dispute occurs and Shannon&Wilson,Inc.,provides expert or fact witness testimony arising out of the performance of any provision in this agreement,whether at your request or that of any other parry,you will be responsible and pay for all of our reasonable related costs,including staff preparation and testimony time,at the rates stated on page 1. Opinions of probable construction cost prepared by us are made on the basis of our experience and qualifications and represent our best judgment as an experienced and qualified professional generally familiar with the industry. However,since we have no control over the cost of labor,materials,equipment, or services furnished by others,or over a contractors methods of determining prices,or over competitive bidding or market conditions,we cannot and do not guarantee that proposals,bids,or actual construction cost will not vary from opinions of probable construction cost prepared by us. If you wish greater assurance as to probable construction cost,you may employ an independent cost estimator. Where tests are performed within a borehole(such as a borehole logger,Goodman jack,seismic compression,and shear wave),it is possible that damage to or loss of the borehole may occur. In such event,you agree to release us from all liability for loss of borehole from any cause while or after our services are performed. It is agreed that a reasonable attempt to recover the equipment will be made at your expense beyond which we agree to accept the risk of loss or damage to our equipment while it is inserted in a borehole. Test borings and test pits are an accepted and informative means of subsurface exploration. However,in the nature of things,they cannot indicate with absolute certainty the nature of the subsurface conditions between and below the test explorations. Therefore,a report based on test borings,test pits,or other exploration method cannot guarantee the nature of the subsurface conditions between and below the test explorations. If conditions different than those indicated in our report come to your attention after you receive the report,it is recommended that you contact Shannon&Wilson,Inc.,immediately to inform Shannon&Wilson,Inc.,completely of what you have discovered and to authorize further evaluation,if appropriate. 16. TERMINATION This agreement may be terminated by either parry by seven days'written notice. If this agreement is terminated,it is agreed that we shall be paid for our total charges for labor performed through the termination notice date,plus reimbursable charges,plus reasonable termination expenses to account for our costs for rescheduling,adjustments,reassignment of personnel,and related costs incurred due to termination. Termination because hazardous substances are discovered is covered under Paragraph 10. 17. TOTAL AGREEMENT Our agreement with you,consisting of this Agreement for Professional Services,together with our proposal and any exhibits thereto,constitutes the entire agreement between Shannon & Wilson, Inc., and you and supersedes all prior written or oral understandings. This agreement may be amended, supplemented,modified,or canceled only by a duly executed written instrument. FY 99 Form No.GH-99(1/99) Page 2 of 2 SHANNON & WILSON, INC. Attachment to Proposal TP-9448-1 Page I of 2 Geotechnical and Environmental Consultants March 31, 1999 Dated: To: Mr. Brent McFall Kent. WA Important Information About Your Geotechnicannvironmental Proposal More construction problems are caused by site subsurface conditions than any other factor. The following suggestions and observations are offered to help you manage your risks. HAVE REALISTIC EXPECTATIONS. If you have never before dealt with geotechnical or environmental issues, you should recognize that site exploration identifies actual subsurface conditions at those points where samples are taken, at the time they are taken. The data derived are extrapolated by the consultant, who then applies judgment to render an opinion about overall subsurface conditions; their reaction to construction activity; appropriate design of foundations,slopes,impoundments,recovery wells;and other construction and/or remediation elements. Even under optimal circumstances, actual conditions may differ from those inferred to exist,because no consultant, no matter how qualified, and no subsurface program, no matter how comprehensive,can reveal what is hidden by earth,rock, and time. DEVELOP THE SUBSURFACE EXPLORATION PLAN WITH CARE. The nature of subsurface explorations—the types, quantities, and locations of procedures used—in large measure determines the effectiveness of the oeotechnical/environmental report and the design based upon it. The more comprehensive a subsurface exploration and testing program, the more information it provides to the consultant, helping to reduce the risk of unanticipated conditions and the attendant risk of costly delays and disputes. Even the cost of subsurface construction may be lowered. Developing a proper subsurface exploration plan is a basic element of geotechnical/environmental design,which should be accomplished jointly by the consultant and the client (or designated professional representatives). This helps the parties involved recognize mutual concerns and makes the client aware of the technical options available. Clients who develop a subsurface exploration plan without the involvement and concurrence of a consultant may be required to assume responsibility and liability for the plan's adequacy. READ GENERAL CONDITIONS CAREFULLY. Most consultants include standard general contract conditions in their proposals. One of the general conditions most commonly employed is to limit the consulting firm's liability. Known as a"risk allocation" or"limitation of liability," this approach helps prevent problems at the beginning and establishes a fair and reasonable framework for handling them, should they arise. Various other elements of general conditions delineate your consultant's responsibilities. These are used to help eliminate confusion and misunderstandings, thereby helping all parties recognize who is responsible for different tasks. In all cases, read your consultant's general conditions carefully and ask any questions you may have. HAVE YOUR CONSULTANT WORK WITH OTHER DESIGN PROFESSIONALS. Costly problems can occur when other design professionals develop their plans based on misinterpretations of a consultant's report. To help avoid misinterpretations, retain your consultant to work with other project design professionals who are affected by the geotechn- ical/environmental report. This allows a consultant to explain report implications to design professionals affected by them, and to review their plans and specifications so that issues can be dealt with adequately. Although some other design professionals may be familiar with -eotechnical/environmental concerns, none knows as much about them as a competent consultant. OBTAIN CONSTRUCTION MONITORING SERVICES. Most experienced clients also retain their consultant to serve during the construction phase of their projects. Involvement during the construction phase is particularly important because this permits the consultant to be on hand quickly to evaluate unanticipated conditions, Page 2 of 2 to conduct additional tests if required, and when necessary, to recommend alternative solutions to problems. The consultant can also monitor the geotechnical/environmental work performed by contractors. It is essential to recognize that the construction recommendations included in a report are preliminary,because they must be based on the assumption that conditions revealed through selective exploratory sampling are indicative of actual conditions throughout a site. Because actual subsurface conditions can be discerned only during earthwork and/or drilling, design consultants need to observe those conditions in order to provide their recommendations. Only the consultant who prepares the report is fully familiar with the background information needed to determine whether or not the report's recommendations are valid. The consultant submitting the report cannot assume responsibility or liability for the adequacy of preliminary recommendations if another party is retained to observe construction. REALIZE THAT ENVIRONMENTAL ISSUES MAY NOT HAVE BEEN ADDRESSED. If you have requested only a geotechnical engineering proposal, it will not include services needed to evaluate the likelihood of contamination by hazardous materials or other pollutants. Given the liabilities involved, it is prudent practice to always have a site reviewed from an environmental viewpoint. A consultant cannot be responsible for failing to detect contaminants when the services needed to perform that function are not being provided. ONE OF THE OBLIGATIONS OF YOUR CONSULTANT IS TO PROTECT THE SAFETY,PROPERTY,AND WELFARE OF THE PUBLIC. A geotechnical/environmental investigation will sometimes disclose the existence of conditions that may endanger the safety, health, property, or welfare of the public. Your consultant may be obligated under rules of professional conduct, or statutory or common law, to notify you and others of these conditions. RELY ON YOUR CONSULTANT FOR ADDITIONAL ASSISTANCE. Your consulting firm is familiar with several techniques and approaches that can be used to help reduce risk exposure for all parties to a construction project, from design through construction. Ask your consultant, not only about geotechnical and environmental issues, but others as well, to learn about approaches that may be of genuine benefit. The preceding paragraphs are based on information provided by the ASFE/Association of Eneineering Firms Practicing in the Geosciences, Silver Spring, Maryland 1/99