HomeMy WebLinkAboutPK08-078 - Original - Geomatrix - Site Assessment 1118 Central - 5/12/08 Records M "'',1"tem-T , �,a. .� r e`n
KENO ?' Document W A S N I N G T O N ' "�,
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact City Clerks Office.
Vendor Name: ec) 4 Y Vendor umber:
JD Edwards Number
Contract Number: �'- O
This is assigned by Deputy City Clerk
Description: oP k C,- S Vt U D Vt ILL vt -�c�
Detail: <,� -e S 5 P S irn f. V" 1119 aen-- �a I 6c) E
Project Name:
Contract Effective Date: Termination Date:
Contract Renewal Notice (Days): -3 o —0 S
Number of days required notice for termination or renewa or aml ndment
Contract Manager//���Av-�-`f �' �"� S Department: a `� ks
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Abstract:
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•
KENT
WASHINGTON
GOODS & SERVICES AGREE ENT
between the City of Kent nd
Geomatrix
THIS AGREEMENT is made by and between the City of ent, a Washington municipal
corporation (hereinafter the "City"), and Geomatrix organized under the laws of the State of
California, located and doing business at 600 University Street Suite 1020, Seattle, Wa. 98101,
phone 206-342-1760, Kathleen Goodman (hereinafter the "Vendo
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following
services for the City:
Perform a Phase I Environmental Site Assessment of the roperty located at 1118
Central Avenue South in Kent, King County, Washingt n. The City of Kent is
considering acquiring the site to establish a parking lot fo the adjacent municipal
corrections facility. This is in accordance with the propos I dated April 24, 2008,
which is attached and incorporated as Exhibit A. Subject t a signed purchase and
sale agreement.
Vendor acknowledges and understands that it is not the City's exclusive provider of these
goods, materials, or services and that the City maintains its unqualified right to obtain these
goods, materials, and services through other sources.
II. TIME OF COMPLETION. Upon the effective date f this Agreement, Vendor shall
complete the work and provide all goods, materials, and services within 60 days.
III. COMPENSATION. The City shall pay the Vendor a amount not to exceed $5,014,
including applicable Washington State Sales Tax, for the gloods, materials, and services
contemplated in this Agreement. The City shall pay the Vendor he following amounts according
to the following schedule:
GOODS &SERVICES AGREEMENT - 1
(Under$10,000.00, including WSST)
Vendor will invoice only for the actual expenses and numbed of hours expended on
the project ans will not exceed the estimated budge without City's prior
authorization.
If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves
the option to only pay that portion of the invoice not in dispute. In that event, the parties will
immediately make every effort to settle the disputed portion.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment
from Vendor for any defective or unauthorized goods, materials or services. If
Vendor is unable, for any reason, to complete any part of this Agreement, the City
may obtain the goods, materials or services from rre d y otp er sources, and Vendor shall
be liable to the City for any additional costs incu the City. "Additional costs"
shall mean all reasonable costs, including legal costs and attorney fees, incurred by
the City beyond the maximum Agreement price spe ified above. The City further
reserves its right to deduct these additional cos s incurred to complete this
Agreement with other sources, from any and all amo nts due or to become due the
Vendor.
B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT
SHALL CONSTITUTE A WAIVER OF CLAIMS, EXClitend
T THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY VENDOR UNSETTLED AT THE TIME
REQUEST FOR FINAL PAYMENT IS MADE.
IV. INDEPENDENT CONTRACTOR. The parties that an Independent
Contractor-Employer Relationship will be created by this Agreeme t and that the Vendor has the
ability to control and direct the performance and details of its ork, the City being interested
only in the results obtained under this Agreement.
V. TERMINATION. Either party may terminate thi Agreement, with or without
cause, upon providing the other party thirty (30) days written n tice at its address set forth on
the signature block of this Agreement.
VI. CHANGES. The City may issue a written amendment for any change in the goods,
materials or services to be provided during the performance of his Agreement. If the Vendor
determines, for any reason, that an amendment is necessary, endor must submit a written
amendment request to the person listed in the notice provisi n section of this Agreement,
section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have
known of the facts and events giving rise to the requested chan e. If the City determines that
the change increases or decreases the Vendor's costs or time for performance, the City will
make an equitable adjustment. The City will attempt, in good fai h, to reach agreement with the
Vendor on all equitable adjustments. However, if the parties ar unable to agree, the City will
determine the equitable adjustment as it deems appropriate. Th Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from
the City before actually receiving the written amendment. If he Vendor fails to require an
amendment within the time allowed, the Vendor waives its righ to make any claim or submit
subsequent amendment requests for that portion of the contract work. If the Vendor disagrees
with the equitable adjustment, the Vendor must complete the amended work; however, the
GOODS & SERVICES AGREEMENT - 2
(Under$10,000.00, including WSST)
Vendor may elect to protest the adjustment as provided in subsections A through E of Section
VII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. An amendment that
is accepted by Vendor as provided in this section shall constitute full payment and final
settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
VII. CLAIMS. If the Vendor disagrees with anything required by an amendment,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Vendor may file a claim as provided in this
section. The Vendor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Vendor knew or should have known of the facts or events giving
rise to the claim, whichever occurs first . Any claim for damage, additional payment for any
reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively
deemed to have been waived by the Vendor unless a timely written claim is made in strict
accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOT FICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOL TE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE ACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that su port the claim;
4. The estimated dollar cost, if any, of th claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule sh wing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred
as a result of the asserted events giving rise to thle claim. The City shall have
access to any of the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are
followed. If the City determines that a claim is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall
proceed promptly to provide the goods, materials and services required by the City
under this Agreement.
GOODS & SERVICES AGREEMENT - 3
(Under$10,000.00, including WSST)
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Vendor also waives any additional entitlement and accepts from the City any
written or oral order (including directions, instructions, interpretations, and
determination).
E. Failure to Follow Procedures Constitutes Waiver. By ailing to follow the procedures
of this section, the Vendor completely waives any laims for protested work and
accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM
THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT
SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY
LIMITATIONS PERIOD.
IX. WARRANTY. This Agreement is subject to all warranty provisions established
under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants
goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and Vendor's representations to City. The Vendor
shall correct all defects in workmanship and materials within one (1) year from the date of the
City's acceptance of the Contract work. In the event any part o the goods are repaired, only
original replacement parts shall be used—rebuilt or used parts ill not be acceptable. When
defects are corrected, the warranty for that portion of the work shall extend for one (1) year
from the date such correction is completed and accepted by the City. The Vendor shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Vendor does not accomplish the corrections within a reasonable time as
determined by the City, the City may complete the corrections and the Vendor shall pay all costs
incurred by the City in order to accomplish the correction.
X. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on
behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to �erform the work to which the
employment relates.
Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy
Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract
work, file the attached Compliance Statement.
XI. INDEMNIFICATION. Vendor shall defend, indem�nnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Vendor's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Vendor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS
GOODS & SERVICES AGREEMENT - 4
(Under$10,000.00, including WSST)
INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expir tion or termination of this
Agreement.
XII. INSURANCE. The Vendor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary
precautions and shall be responsible for the safety of its employe s, agents, and subcontractors
in the performance of the contract work and shall utilize all protection necessary for that
purpose. All work shall be done at Vendor's own risk, and Vend r 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.
XIV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and ecyclable products whenever
practicable. A price preference may be available for any designat d recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washin ton. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph hall be construed to limit the
City's right to indemnification under Section XI of this Agreement.
D. Written Notice. All communications regarding this greement shall be sent to the
parties at the addresses listed on the signature page of the Ag eement, unless notified to the
contrary. Any written notice hereunder shall become effective th ee (3) business days after the
date of mailing by registered or certified mail, and shall be dee ed sufficiently given if sent to
the addressee at the address stated in this Agreement or s ch other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by ither party without the written
consent of the non-assigning party shall be void. If the non-assi ning party gives 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 additional written consent.
GOODS & SERVICES AGREEMENT - 5
(Under$10,000.00, including WSST)
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Vendor.
G. Entire Agreement. The written provisions and term of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not b effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Vendor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement,, which shall become
effective on the last date entered below.
VENDOR: CITY OF KENT:
By: By:
_ \C!T-
(signXure) (signature)
Print e: Cti mm�, Print e: Jeff Watling
Its: l� Its: Director of Parks
ie) 12 0$
DATE: 0�0 of' DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
Kathleen Goodman, LG, LHg Charlie Lindsey, Superintendent of Facilities
Geomatrix Consultants, Inc. City of Kent
600 University Street, Suite 1020 220 Fourth Avenue South
Seattle, Wa. 98101 Kent, WA 98032
206-342-1760 (telephone) (253) 856-5081 (telephone)
206-342-1761 (facsimile) (253) 856-6080 (facsimile)
geomatnx 1118centralayso
GOODS & SERVICES AGREEMENT - 6
(Under$10,000.00, including WSST)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's a ual employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commit ent as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referencec above.
Dated this day of , 2003�.
By:
For:
Title: U
Date: n�?Jaj-, g� ao 0
EEO COMPLIANCE DOCUMENTS - 1 of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who illfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agr ement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, end suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIAN E STATEMENT
This form shall be filled out AFTER COMPLETION of this project y the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-menti ned company was the prime
contractor for the Agreement known as that wa entered into on the
(date) , between the firm I repr sent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent qual Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of , 200
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3 of 3
Geomatrix
April 24, 2008
Mr. Charlie Lindsey
City of Kent Public Works
220 Fourth Avenue South
Kent, Washington 98032
Subject: Proposal for Phase I Environmental Site Assess ent
1118 Central Avenue South
Kent, Washington 98032
Dear Mr. Lindsey:
At your request, Geomatrix Consultants, Inc. (Geomatrix), has prepared this proposal for
the City of Kent (City)to perform a Phase I Environmental Site Assessment(ESA)of the
property located at 1118 Central Avenue South in Kent, King Co ' ty, Washington(subject
property). It is our understanding the City is considering acquiri the site to establish a parking
lot for the adjacent municipal corrections facility. We understan the City wishes to perform a
Phase I ESA to assess potential environmental issues associated 'th the site. The specific tasks
within our scope of services are presented below.
Site Description
Based on information provided by the City, we understand the sit consists of one rectangular
8,500 square foot tax parcel occupied by a vacant house. The 1,1 square foot house was
constructed in 1913. The King County website shows that the sit was most currently heated by
natural gas, and the City thinks there might be an underground re iidential heating oil tank at the
site that was formerly used to heat the residence. I
During the course of performing the Phase I ESA, if observation indicate that a Phase II
investigation is required to evaluate the nature and extent of potential soil and/or groundwater
contamination, Geomatrix will discuss a scope of the work with the City. A Phase II
investigation scope of work and budget will be provided at the ty's request. If indicated and
approved by the City, the Phase I findings will be combined withthe Phase II findings.
Mr. Charlie Lindsey
City of Kent Public Works
April 24, 2008
Page 2
Scope of Services
The Phase I ESA will be conducted in accordance with the U.S. E vironmental Protection
Agency(EPA)All Appropriate Inquiries (AAI) Final Rulel,whic became effective on
November 1, 2006, and the ASTM International (ASTM) Standard E1527-05.
The objective of the Phase I ESA will be to compile and review a ailable information about
activities at the site and immediate vicinity that may have affecte soil or groundwater conditions
at the site. The Phase I ESA will include historical records revie , site reconnaissance,
interviews with the current property owners and/or occupants, re latory agency records review,
and data evaluation and reporting.
Brief descriptions of subtasks included in the Phase I ESA are pr vided below.
Historical Records Review
We will review readily available records of past and present use f the site and nearby facilities
to assess potential environmental impairment. This information *11 be obtained from sources
such as Sanborn Fire Insurance maps, if available;building, fire, d/or health department files;
historical city directory files; historical topographic maps; and hi torical aerial photographs. In
addition, if provided by the City, Geomatrix will review title records for the subject property.
Site Reconnaissance
Geomatrix will visit the site to observe general conditions and at djacent properties as they
relate to potential environmental impacts at the site. During site econnaissance,photographs
will be taken of on-site and off-site features suspected as potenti 11 sources of soil and/or
groundwater impairment, if such features are observed. Our reco aissance will include the
interior of the on-site buildings, if access is provided during our econnaissance. In addition,
visual observation of adjacent properties will be made from the s bject property or public areas.
1 The all appropriate inquires requirements are applicable to any public or private par who may potentially claim protection
from Comprehensive Environmental Response,Compensation,and Liability Act(C RCLA)liability as an innocent
landowner,a bona fide prospective purchaser,or a contiguous property(CERCLA§ection 101(35)). In addition,parties
receiving grants to conduct characterizations or assessments of brownfields properti s under EPA's Brownfields Grant
program must conduct the property characterization and assessment in compliance ith the all appropriate inquiries
requirements.
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Mr. Charlie Lindsey
City of Kent Public Works
April 24, 2008
Page 3
Interviews with Property Owners and/or Occu ants
It is our understanding that a representative of the City will contact current, and possibly past,
property owners and/or occupants to facilitate interviews with Geomatrix personnel. Existing
and past uses of the subject property will be discussed with persons interviewed.
Regulatory Agency Records Review
A regulatory agency file review will be performed to obtain information pertaining to
environmental investigations and chemical handling on or near the subject property. Prior to
performing the review,we will retain the services of a commercial database firm that maintains a
listing of publicly documented facilities with environmental isst es. Using information obtained
from the database search, we will review regulatory agency fileE for facilities that appear to have
a significant potential to impact soil or groundwater at the site. F1les will not be reviewed for
facilities that the commercial database report indicates have been closed by regulatory agencies
and do not appear to have significant potential to have impacted the subject property.
Data Evaluation and Report Preparation
Geomatrix will evaluate the data obtained during the Phase I ES and will provide a verbal
briefing followed by a written report that summarizes data obtained and our interpretation
thereof. Recommendations for additional assessment or remedial activities, if appropriate, will
be discussed with you and included in our report or cover letter if desired. Geomatrix will
provide you with a draft copy of the report for review and comment prior to finalization.
Considerations Beyond Scope
The Phase I services provided by Geomatrix will not include a t tle search or identification of all
previous site tenants; collection and chemical analysis of sampl s; or an evaluation of seismic or
geotechnical characteristics. In addition, other non-scope consi erations, such as industrial
hygiene, regulatory compliance, geotechnical engineering(slope stability and liquefaction) and
cultural/historical/ecological resources listed in Section 13.1.5 of ASTM E1527-05 will not be
addressed in the Phase I ESA. If the City requires assistance in these matters, we can provide an
additional scope of services and cost estimate.
AAI and ASTM Standard E1527-05 also require the City to con3ider the relationship between
the purchase price of the subject property to its fair market value. An evaluation of this
relationship will not be performed by Geomatrix; however,this Information can be summarized
in the Phase I ESA report, if provided to Geomatrix by the City.
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Mr. Charlie Lindsey
City of Kent Public Works
April 24, 2008
Page 4
Information to be Provided by Client
To comply with AAI and ASTM E1527-05, Geomatrix requests tl e City provide the following
information:
• title and judicial records to identify environmental liens or Activity and Use Limitations
(AULs), such as restrictions on land use;
• any specialized knowledge the City has that may assist in valuating environmental
conditions of the subject property; and
• the relationship between the purchase price of the subject roperty to its fair market
value.
If these pieces of information are not provided to Geomatrix,AA and ASTM E1527-05 requires
them to be identified as possible data gaps to our assessment in our report.
User (Client) Reliance
The Phase I ESA report will be completed for the use of the City. No other person or
organization will be entitled to rely upon any part of the report without the prior written consent
of Geomatrix. The City may not release parts of the report but iny release the whole report to
third parties; however, in doing so, the City shall indemnify and defend Geomatrix from and
against all claims arising out of or in conjunction with such use o reliance by third party.
Additionally, any third party in using this report agrees that it sh 1 have no legal recourse
against Geomatrix.
Schedule
We anticipate the findings of our Phase I work can be transmitte to you verbally within
approximately two weeks of receiving your authorization to proc ed. Depending on the response
from agencies and from property owners and/or occupants to req ests for access and interviews,
a draft Phase I ESA report will be submitted for your review wit in 4 weeks of project initiation.
We will prepare a draft report for your review, and upon receipt f your comments we will
finalize the report. In addition, we will orally communicate our mdings to you as the project
proceeds and be available for consultation during your purchase egotiations.
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Mr. Charlie Lindsey
City of Kent Public Works
April 24, 2008
Page 5
Cost Estimate
Based on the scope of services described above, we estimate the c st for the Phase I will be
approximately $4,600. Our services will be performed on a time- d-expense basis in
accordance with our direct labor rates and an overhead rate of 2.8 1 88 with a fee of 10%. We
will invoice only for the actual expenses and number of hours exp nded on the project and will
not exceed the estimated budget without your prior authorization.
We appreciate the opportunity to provide the City with a proposal for this project. Please let me
know if you have any questions or if you would like additional information.
Sincerely,
GEOMATRIX CONSULTANTS, INC.
Kathleen Goodman, LG, LHg
Principal Hydrogeologist
Enclosures: Direct Labor Rate Sheet
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EXHIBIT B
INSURANCE REQUIREMENTS' FOR
SERVICE CONTRACTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property whic i may arise from or in
connection with the performance of the work hereunder by the C)ntractor,their agents,
representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liabili insurance coveringall owned non-owned hired
,
and leased vehicles. Coverage shall be written on Insurance Services
Office (ISO) form CA 00 01 or a substitute form providing equivalent
liability coverage. If necessary,the policy sh 1 be endorsed to
provide contractual liability coverage.
2. Commercial General Liability insurance shall a written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors,products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CG 25 03 1185. The shall be no
endorsement or modification of the Commercial General Liability
insurance for liability arising from explosion, collapse or underground
property damage. The City shall be named as ��nn insured under the
Contractor's Commercial General Liability in ,Surance policy with
respect to the work performed for the City using ISO additional
insured endorsement CG 20 10 1185 or a sub titute endorsement
providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minim combined single limit
for bodily injury and property damage of $1,0 0,000 per accident.
2. Commercial General Liability insurance shall be written with limits no
less than $1,000,000 each occurrence, $2,000, 00 general aggregate
and a$2,000,000 products-completed operations aggregate limit.
EXHIBIT B (Continued )
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, a following provisions
for Automobile Liability and Commercial General Liability insur ce:
1. The Contractor's insurance coverage shall be primary insuran a as respect the City.
Any Insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of the Contractor's insurance and shall not con ibute with it.
2. The Contractor's insurance shall be endorsed to state that cov rage shall not be
cancelled by either party, except after thirty(30) days prior tten notice by certified
mail,return receipt requested,has been given to the City.
3. The City of Kent shall be named as an additional insured on all policies (except
Professional Liability) as respects work performed by or on be�half of the contractor
and a copy of the endorsement naming the City as additional insured shall be attached
to the Certificate of Insurance. The City reserves the right to eceive a certified copy
of all required insurance policies. The Contractor's Commercial General Liability
insurance shall also contain a clause stating that coverage shal apply separately to
each insured against whom claim is made or suit is brought, except with respects to
the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best r ting of not less than
ANII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a c py of the amendatory
endorsements, including but not necessarily limited to the additio al insured
endorsement, evidencing the insurance requirements of the Contr ctor before
commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its p licies or shall furnish
separate certificates and endorsements for each subcontractor. A 1 coverages for
subcontractors shall be subject to all of the same insurance requir ments as stated herein
for the Contractor.
Client#: 149 � GEOMACONS
ACORD- CERTIFICATE OF LIABILITY INSU ANCE 05;07,o$D,YY,
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey,Renton&Associates ONLY AND CONF RS NO RIGHTS UPON THE CERTIFICATE
P. O. Box 12675 HOLDER. THIS C RTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVE GE AFFORDED BY THE POLICIES BELOW.
Oakland,CA 94604-2675
510 465-3090 INS RERS AFFORDING COVERAGE
INSURED INSURER A Greenwich nsurance Company
Geomatrix Consultants, Inc. INSURER B Fireman's and Insurance Co.
2101 Webster Street, 12th Floor INSURER C
Oakland,CA 94612
INSURER D
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FO THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPEC 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
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE MM/DD/YY DATE MM
A GENERAL LIABILITY GEC000340607 07/01/07 07/01/08 EACH OCCURRENCE $1,000,000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $1 00O 000
CLAIMS MADE a OCCUR MED EXP(Any one person) $5 000
X Contractual PERSONAL BADV INJURY $1,000,000
X CG2417 RR Contr GENERAL AGGREGATE s2,000,000
GENT AGGREGATE LIMIT APPLIES PER PRODUCTS -COMP/OP AGG s2,000,000
POLICY FX PRO LOC
A AUTOMOBILE LIABILITY AEC000340707 07/01/07 07/01/08 COMBINED SINGLE LIMIT
X ANY AUTO (Ea accident) $1,000,000
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per person)
X HIRED AUTOS
BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY AGG $
EXCESS LIABILITY EACH OCCURRENCE $
OCCUR ❑CLAIMS MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
B WORKERS COMPENSATION AND WZP80953183 07/01/07 07/01/08 X WC sTATLIMITS
oTH-
EMPLOYERS'LIABILITY
EL EACH ACCIDENT $1,000,000
EL DISEASE-EA EMPLOYEE $1,000,000
EL DISEASE -POLICY LIMIT $1,000,000
A OTHER Professional PEC000342406 07/01/07 07/01/08 $5,000,000 per Claim
iab&Contractors $5,000,000 Annl Aggr.
ollution Liab.
DESCRIPTION OF OPERATIONS/LOCATIONSMEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
General Liability Policy excludes claims arising out of the performance of professional
services.
(SEATTLE)
(See Attached Descriptions)
CERTIFICATE HOLDER AD DITIONAL INSURED,INSURER LETTER CANCELLATION
SHOULD ANYOF THE ABOVE 0 SCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Kent DATE THEREOF, THE ISSUING INSURER WI0jX§"=XjM TOMAILln DAYSWRITTEN
Engineering Department N07ICETOTHE CERTIFICATE H LDER NAMED TOTHELEFT,x;XX k
Attn:Nancy Yoshitake slecotaux>ietx xaat»�o7txx�t�lTxo�r�c
220 4th Avenue South xex xe<stxoc
Kent,WA 98032 AUTHORIZED.PEPRESENTATIV
ACORD 25S(7/97)1 of 2 #M196009 NMF 0 ACORD CORPORATION 1988
DESCRIPTIONS (Continued from Page 1)
REF: City of Kent Agreement Number LA 5632 and Federal Aid DEMO 1216(001)
and GMX project number 10937(Goodman)Site investigation to sample and
analyze soil and groundwater along the 228th Street Corridor.
s.228th Street Grade Separations,Soil Investigation at Rexam
Beverage Can Company.
s.228th Street Grade Separation; Rexam site investigation which includes
sampling and soil and groundwater analysis.
s.Bid Specification and Bid Review Assistance,South 228th Street Rail
Overpass Project,Kent,Washington.
s.City of Kent(K. Goodman), Phase I Environmental Site Assessment for
1118 Central Avenue South,Kent,Washington.
The City of Kent, its officers,officials,employees,agents and
volunteers are additional insureds to general&auto liability.
Insurance is primary and non-contributing per-policy form clauses.
A Severability of Interest/Cross Liability Clause applies to General
Liability.
AMS 25 3(07/97)2 of 2 #M196009
POLICY NUMBER: GEC000340607 COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE R AD IT CAREFULLY.
ADDITIONAL INSURED - OWNER , LESSEES OR
CONTRACTORS - SCHEDULED ERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organziation(s): Location(s)Of Covered Operations
City of Kent REF: City of Kent Agreement
Engineering Department Number LA 51632 and Federal Aid
Attn: Nancy Yoshitake DEMO 1216 (001) and GMX project
220 4th Avenue South number 10937 / The City of Kent,
Kent , WA 98032 its officers, officials,
em to ees, a ents and volunteers
Information required to complete this Schedule, if not shown above, will be s own in the Declarations.
A. Section 11-Who Is An Insured is amended to This insuran a does not apply to "bodily injury"or
include as an additional insured the person(s)or "property da age"occurring after:
organization(s)shown in the Schedule, but only 1. All work, i cluding materials, parts or equip-
with respect 10 liability for"bodily injury", "property ment Turn shed in connection with such work,
damage" or"personal and advertising injury" on the pr ject(other than service, mainte-
caused, in whole or in part, by. nance orrepairs)to be performed by or on
1. Your acts or omissions; or behalf of the additional insured(s)at the loca-
2. The acts or omissions of those acting on your tion of th6 covered operations has been com-
behalf, pleted, or
in the performance of your ongoing operations for 2. That porti n of"your work" out of which the
the additional insured(s)at the location(s)desig- injury or d mage arises has been put to its
nated above. intended se by any person or organization
B. With respect to the insurance afforded to these other tha another contractor or subcontrator
additional insureds, the following additional exclu- engaged i performing operations for a
sions apply. principal z s a part of the same project.
are additional insureds .
PRIMARY INSURANCE :
IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY
AND ANY OTHER INSURANCE MAINTAINED BY THE ADDIT ONAL INSURED
SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH HIS
INSURANCE.
SEVERABILITY OF INTEREST:
IT IS AGREED THAT EXCEPT WITH RESPECT TO THE LI IT OF INSURANCE, THIS
COVERAGE SHALL APPLY AS IF EACH ADDITIONAL INSU ED WERE THE ONLY INSURED
AND SEPARATELY TO EACH INSURED AGAINST WHOM CLA M IS MADE OR SUIT IS
CG 20 10 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1
UNIFORM
POLICY NUMBER: GE0000340607 CO MERCIAL GENERAL LIABILITY
CG20100704
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE R D IT CAREFULLY.
ADDITIONAL INSURED - OWNERS LESSEES OR
CONTRACTORS - SCHEDULED ERSON OR
(Continued from page 1 . ) ORGANIZATION
BROUGHT .
NOTICE OF CANCELLATION:
IT IS UNDERSTOOD AND AGREED THAT IN THE EVENT O CANCELLATION OF THE
POLICY FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM, 30 DAYS
WRITTEN NOTICE WILL BE SENT TO THE CERTIFICATE OLDER BY MAIL. IN THE
EVENT THE POLICY IS CANCELLED FOR NON-PAYMENT O PREMIUM, 10 DAYS
WRITTEN NOTICE WILL BE SENT TO THE ABOVE .
POLICY NUMBER: GEC000340607 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT-AGGREGATE LIMIT OF INSURANCE
(PER PROJECT)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The General Aggregate Limit under LIMITS OF INSURANCE (SECTION II )applies separately to each of your
projects away from premises owned by or rented to you.
CG 25 03 11 85
ENDORSEMENT
This endorsement, effective 12:01 a.m. , July 1, 20 7 forms a part of Policy
No. AEC000340707 issued to GEOMATRIX CONSULTANTS, NC. by Greenwich Insurance
Company_
THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY.
AUTOMATIC ADDITIONAL INSURED
This endorsement modifies insurance provided under the following.
Business Auto Coverage Form
Garage Coverage Form
Motor Carrier Coverage Form
Truckers Coverage Form
Business Auto Physical Damage Coverage Form
LIABILITY COVERAGE, WHO IS AN INSURED is changed to include as an '"insured" any person or organization
you are required in a written contract ("the contract") to name as an insured Jhe Additional Insured), but only for
"bodily injury" or"property damage"to which this insurance applies resulting fron the acts or omissions of;
1 You,while using a covered "auto."
2 Any other person,while using a covered"auto'with your permi Sion.
The insurance provided by this endorsement shall be subject to the following ad Jitional conditions.
1 The Limits of Insurance provided for the Additional Insured shell not be greater than those required
by contract and, in no event, shall the policy Limits of Insurance be increased by the contract.
2 All insuring agreements, exclusions, terms and conditions of the policy shall apply to the
coverage(s) provided to the Additional Insured, and such overage shall not be enlarged or
expanded by reason of the contract.
3 Any coverage provided hereunder shall be excess over any qq��ther valid and collectible insurance
available to the Additional Insured(s) whether primary, excess, contingent or on any other basis
unless a contract specifically requires that this insurance be primary or you request that it apply on
a primary basis prior to loss.
All other terms and conditions of this policy remain unchanged.
1 (Authorizvff Representative)
AUT0133 (07/99)
DCOR 09/20/2006
Statement of Intent to Pay Prevailing Wages Page 1 of
Prevailing Wage Section
Department of Labor&
Statement of Intent to Pay Industries
Prevailing Wage PO Box 44540
Olympia,WA 98604-4540
(360)902-5335
Received. Intent Id. Status:
05/06/2008 188983 Approved on 05/07/2008
COMPANY
Company GEOMATRIX CONSULTANTS INC
Information: GEOMAC1978LB
602 278 700
2101 WEBSTER ST 12TH FLOOR
OAKLAND, CA 94612
(510)663-4100
Payment Type: Electronic
Company Signature: Electronic
PROJECT
Public Agency. KENT, CITY OF
220-4TH AVE S
KENT, WA 98032-5895
County: KING Multiple Counties?No
City: Kent
Project Name: Kent- 1118 Central Avenue S-Task 1
Contract Number:
Bid Due Date: 04/24/2008
Award Date: 05/05/2008
Prime Contractor. GEOMATRIX CONSULTANTS INC
GEOMACI978LB
(510)663-4100
Does Your Company
Intend To Hire No
Subcontractors To
Perform All Work?
Does Your Company
Intend To Hire Any No
Subcontractors?
Apprentices? No
$Amount. $5,014.00 Time and Materials No
Number of Owners 1
Filed by: Marilyn Yamada
EMPLOYEES' WAGES
Journey Level Trades/Occupations
rttps://secureaccess.wa.gov/lni/pwia/Intent/IntentPrint.asp?ID=l 88983 5/7/200€