Loading...
HomeMy WebLinkAboutPW14-150 - Original - AMEC Environmental & Infrastructure, Inc - Downey Farmstead and Leber Homestead Soil Testing - 6/23/14 Records Mart�Agement- KENT Am Document WASH IN GT GX �t{ •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 Clerk's Office. Vendor Name: AMEC Environment & Infrastructure, Inc. Vendor Number: JD Edwards Number Contract Number: TW '-4 GOP This is assigned by City Clerk's Office Project Name: Downey Farmstead and Leber Homestead Soil Testing Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/15 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Matt Knox Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Perform soil sampling activities-at the Downey Farmstead and Leber Homestead properties. S Pub llc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT WA`.HINc TON CONSULTANT SERVICES AGREEMENT between the City of Kent and AMEC Environment & Infrastructure, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and AMEC Environment & Infrastructure, Inc. organized under the laws of the State of Washington, located and doing business at 600 University Street, Suite 600, Seattle, WA 98101-4107, Phone: (206) 342-1760/Fax: (206) 342-1761 Contact: Kathleen Goodman (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall perform soil sampling activities for the Downey Farmstead and Leber Homestead Projects. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2015. III. COMPENSATION. i A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixteen Thousand, Three Hundred Thirteen Dollars and eighty seven cents ($16,313.87), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant 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. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor 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 perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment 116, CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify 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 Consultant'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 Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant 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. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 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 satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, 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 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. XIII. 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 recyclable products whenever practicable. A price preference may be available for any designated 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 Washington. 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 shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. 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 three (3) business days after 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. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning 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. 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 Consultant. G. 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 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 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. 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 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 those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. 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. CONSULTA N T: CITY OF KENT: By: l ,nBy: (signature (signature) Print Name: /'ataSyQ G? Pri e: Suzette Cooke Its O1-Fi�man a� _ I Mayor (title) DATE: I b�l � DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Kathleen Goodman Timothy J. LaPorte, P.E. AMEC Environment & Infrastructure, Inc. City of Kent 600 University St., Suite 600 220 Fourth Avenue South Seattle, WA 98101-4107 Kent, WA 98032 (206) 342-1760 (telephone) (253) 856-5500 (telephone) (206) 342-1761 (facsimile) (253) 856-6500 (facsimile) AP P OVED AS TO FO M: Kent Law Department AMEC Env-Downey&Leber Sal Testing/Knox CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 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 equal 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 commitment 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 referenced above. By: For: �C- Title: A6oe /good Date: &A 0//L' EEO COMPLIANCE DOCUMENTS - 1 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 willfully 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 Agreement. 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, and 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 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent 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 Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: i EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A ame May 8, 2014 Mr. Matt Knox Ej nt via e-mail. mknoxQkentwa.aov Environmental Ecologist City of Kent Engineering Department 220 Fourth Avenue South Kent, Washington 98032 I Subject: Proposal for Soil Sample Collection and Analysis Mill Creek Confluence and Downey Farmstead Restoration Projects 1 Dear Mr. Knox: At your request, AMEC Environment& Infrastructure, Inc. (AMEC), has prepared this scope of work and cost estimate for the City of Kent (City)to perform soil sampling activities on the properties associated with the Mill Creek Confluence and Downey Farmstead Restoration Projects (Figures 1 through 3), located in King County, Washington. We understand the City wishes to perform soil sampling activities to support the Washington State Environmental Policy Act(SEPA) permitting process for these habitat restoration projects. The principal goals of the proposed work are to collect and analyze soil samples in accordance with guidance provided by the Washington State Department of Ecology (Ecology)for the area affected by the ASARCO Tacoma smelter plume (Ecology, 2012) and to present the analytical results along with recommendations for the City to comply with requirements under Washington's Voluntary Cleanup Program (VCP) AMEC will collect soil samples, coordinate with the analytical laboratory, and provide a report of the findings. AMEC is uniquely qualified for this work because of our experience conducting soil investigations and remediation projects on the Mill Creek and Downey Farmstead parcels. On the Downey Farmstead parcels, the surface soil sampling was directed at likely areas where surface releases might have occurred. Where releases were found, remediation of the surface soils and confirmation sampling were conducted to demonstrate compliance with soil cleanup levels. The soils sampled in the four test pits at the Mill Creek site were characterized for disposal or re-use on the property. In addition, soils were sampled on all of the parcels at the depths anticipated to represent the future elevations to be exposed after completion of the excavations While the soil characterization results from the previous studies provide a good indication that the surface soils on these parcels have not been severely affected by the ASARCO plume, the sampling was not extensive enough to demonstrate under the new Ecology guidance that the plume had no effect. The benefit to the City of having conducted this previous work is that we can rely on these results to partially eliminate the need for some of the samples, either because the area was remediated or the surface soils were analyzed. AMEC is also very experienced with the VCP process, having received No Further Action letters on a dozen sites over the past 2 years, most of them through the Northwest Regional Office of Ecology We understand the requirements and expectations of the VCP site managers and can successfully assist the City with the process toward closure We have conducted similar surface soil characterization work within the ASARCO plume area and received Ecology's approval of the characterization and subsequent mitigation. AMEC Environ nient&Infrastructure,he. 600 University Street,Suite 600 Seattle,Washington USA 98101-4107 Tel (206)342-1760 Fax (206)342-1761 WWW amec corn amec'9 Mr. Matt Knox City of Kent Engineering Department May 8, 2014 Page 2 of 4 , SITE DESCRIPTION The Mill Creek Confluence Restoration project comprises 8.6 acres and two parcels (2622049023 and 0200000127) (Figure 1) The property is located adjacent to 7040 South 262nd Street(Figure 1).A majority of the site is open field dominated by grasses, Himalayan blackberry, and other herbaceous plants. The northern and northwestern portion of the property and the area along Mill Creek are forested with mature black cottonwood and big-leaf maple, with an understory of blackberry, snowberry, and stinging nettle. This restoration project will create over 87,000 square feet(2 acres)of intermittently inundated aquatic habitat (below the ordinary high water mark) adjacent to the Green River near the confluence of Mill Creek, in order to increase floodplain refuge habitat for Chinook and other salmonids, enhance riparian habitat, and increase floodplain storage and other floodplain functions. The Downey Farmstead Restoration project comprises 21.81 acres and five parcels(2322049020, 2322049028, 2322049029, 2322049049, and 2322049072). The property is located along Frager Road between West Meeker Street and the SR 516 Bridge (Figure 2). The three parcels have had different owners and uses as discussed in previous Phase I reports conducted by AMEC personnel. All buildings and foundations have been removed, and the known contaminated areas were cleaned up under AMEC oversight In addition to landscape trees from a former nursery operation, fir, cedar, maple, aspen, and cottonwood trees are within the project area. Shrubs include snowberry, spirea, and blackberry. Reed canarygrass and nettles also exist on the site. The restoration project will create 1,875 linear feet of side channel, 11 acres of intermittently inundated aquatic habitat, and off-channel rearing and refuge area for juvenile salmonids that inhabit the Green River. A 3,000 square-foot,6-car parking lot will be provided In the future near the Downey Farmstead Restoration project at the city-owned Old Fishing Hole Park. The parking lot will be constructed on parcel number 2322049072 (Figure 3). AMEC has performed Phase I and limited Phase 11 Environmental Site Assessment investigations on several of the parcels included in the Mill Creek Confluence and Downey Farmstead Restoration Projects The results of these investigations are summarized in Table 1, and sampling locations from those earlier investigations for samples analyzed for arsenic and lead are presented on Figure 2. Results from these previous investigations show that arsenic has not been detected in soils at concentrations greater than 100 milligrams per kilogram (mg/kg) Therefore, following Ecology's guidance document (Ecology, 2012); we propose to collect the minimum number of samples specified for residential, park, and commercial areas. SCOPE OF SERVICES The proposed work consists of the following elements. i • Collect the soil samples from the parcels (which will be individually defined as decision 3 units), in accordance with Ecology guidance and as proposed on Figures 1 through 3. i • Submit samples to a qualified laboratory for analysis for arsenic and lead by U.S, j Environmental Protection Agency Method 6010C. I) • Submit a report detailing the soil samples results and the field activities conducted. • • 1 ame ,NEW W Mr. Matt Knox City of Kent Engineering Department May 8, 2014 Page 3 of 4 The outlined objectives are divided below into two tasks, for each project area, Downey Farmstead and Mill Creek, and preliminary estimates are presented in Table 1 for each project area A detailed cost breakdown for each task is provided in Table 2. Costs listed in Table 2 are based on past estimates from a recent nearby project, and a quote obtained from TestAmerica analytical laboratory. Tasks 1A and 2A—Mill Creek and Downey Farmstead Sampling Soil samples will be collected in accordance with Ecology guidance and following the proposed sampling grid presented in Figures 1 through 3 AMEC will work with the City to refine the grid and reduce the number of samples and costs upon award of the project. The preliminary estimate provided in Table 1 is based on the following assumptions: • Each parcel will be a decision unit as defined by Ecology (2012). • The first sampling location for each parcel will be determined based on GPS coordinates, with each subsequent sample location measured from this point in the field using the spacing specified in Ecology's guidance. Samples will be collected from near-surface sods at a depth of 0 to 6 inches at each location.A second sample will be collected from 6 to 12 inches depth at every fourth location, and forest duff samples will be collected from the areas that are forested. • Samples will be collected following Ecology (2012) guidance. • A small flag or stake marked with the sample number will be placed at each sample location to more easily locate the sampling location in the event of a meaningful analytical result. • One field day will be required for approximately every 30 sample locations collected. Two technicians will be required to assist in transporting coolers, keeping field notes, and marking locations, it is assumed that a minimum of 110 samples will be collected. The Mill Creek parcels will have a minimum of 70 samples and the Downey Farmstead parcels will have a minimum of 40 samples. • Soil samples will be transported to the analytical laboratory within 2 days of sample collection. + The analytical laboratory will analyze all samples for arsenic and lead by EPA Method III 6010C. + Tasks 1B and 2B—Reporting AMEC will prepare a report docur et"the collection of the soli samples, Including locations of the samples, analytical results, and comparison of results to applicable cleanup levels presented by Ecology(2012). Two separate reports will be provided for the Mill Creek and Downey Farmstead € project areas. Electronic draft reports will be sent to the City for comments, which will then be incorporated into the final reports. Two hard copies and an electronic copy of each of the final reports will be provided to the City. At the City's request, AMEC can also support the City in communicating with Ecology during the VCP process, although time for that effort could not be estimated without further input from the City. ame Mr. Matt Knox City of Kent Engineering Department May 8, 2014 Page 4 of 4 F CITY OF KENT RE$PONSIBILlYIES For the purposes of this proposal, scope of work, and budget,we assume that the City will ensure access to all the sites will be arranged by the City. Also, because some of the sample locations will be located in areas covered by dense brush and blackberry thickets, the City will obtain permission, as necessary, for AMEC to manually remove vegetation to access the sample locations. SCHEDULE AMEC will initiate the work on the upcoming activities when the contract is finalized with the City. Assuming the City provides AMEC the notice to proceed in mid-May, AMEC will schedule the work within 2 weeks. The Mill Creek field work should take approximately 2 days and the Downey Farmstead field work should take approximately 3 days, depending on the density of the underbrush. Laboratory analyses will require approximately 2 weeks after collection of the soil samples, and final reports will be completed within approximately 2 weeks of receiving final analytical results. COST ESTIMATE Based on the scope of services described above,we estimate these coststo conduct the sampling and analyses and prepare the final reports is approximately $7,014 for the Mill Creek site and $9,299 for the Downey Farmstead site. A detailed cost breakdown is provided in Table 2. Work will be billed on actual costs based on the number of samples collected. We appreciate the opportunity to provide the City with these cost estimates. Please let us know if you have any questions or if you would like additional information. Sincerely yours, AMEC Environment& Infrastructure, Inc. Cam - athleen Good an, L.G., L.Hg. Crystal Neirby Principal Hydrogeologist Senior Chemist KG/ipm r 1proposals120141dty of kenNsoil testing revisedlscpe of work sol testoniLsxAm Enclosures: Table 1 —Analytical Results of Historical Soil Sampling Table 2 -Cost Estimate Figure 1 -Proposed Soil Sample Locations, Mill Creek Figure 2- Proposed Soil Sample Locations, Downey Farmstead Figure 3- Proposed Soil Sample Locations, West Downey Reference: i Washington State Department of Ecolop(EcaloW, 2012, Tacoma Smatter Plume Model RenwWlles Guidance, Publication 12-09-086-A, Washington State Department of Ecology,Toxics Cleanup Program, Lacey, WA, June. � §$ � ; � 2 § ! • . «, CL „ 72 a } ,, k � a § ■i$ . u| s k . ■e K§ | � , 7= ). S ! K. ; ,, ` | � � R �|I■a©K§� � | § §� |I■��||�| |! | . ! vww$wa §& i � � - cn us FA W | $;/ ! a % E ■ ` ! i(§\(� § Cl) ! / o ` ; s | # n. � coI£ | Sao » ■ ! � 7 & /) a | \ § 09 & I � 2S2cc 2 ! | « , ; a | ■ ■ 6t / © 2 §2222 ■ ,=-72 {{#s§\§99 ow R \ [ )7§ - o w = § § § )$ 7 ƒ ■ W - s■ 2EEs� «-§ 77 � 7 ka m m mBk88 t{\) § Ra k`ƒ /7 ##. n10 NEESE a§/g k\2\))\\\ 7wm co ■ s 88 f�E �««#m 9 ae !#« ;Bess ■ ; 44 � mamk BB E; � r | ) I�� f �a se a § eaR s $�ak® - Em EE ; `% � , f{ IYIOIIR*WY11•i24A PINY/IFsriq If Y _ C e 8 x tT�fl y� i- 31 7 i .�9,yaa w � naroanewarPuoro�nM In PIIOPOYDONOOMtPLeprAnornromm" PROPOiN'SMOALMLO0AUM L, PMCKMInIfYMY Dower hmftm mPer" Kent melon T**09 OOLTESTPR Pee ' 3 s t �. bR 1 � F ■ `^ yp k A * w s � € � N b ] i Y� Y Y � � 1 ',� 1 '�,.✓t WF� 'F't '.�FS �5 1 '. i dY' Ail r 1 tl c t .i�"� Y ■ t1l$1'�Y�M l' } Al 4,11 P fi r � tz i x � � � a Al Ik 4 t t t " ' tr i ' ax4�. �` 5 �,a✓F��'� t �" dox. .., 4 x- s s g n x �Eerv,d* i . F. 1 a i �•' *` ,r� o-�r' 9 �� �"f3. R, r � *• ;;tom"" t 7 Y! � � v^"a "$ r �x �' "_ +��: r �' A'° g W� 41, r k4,N'y g "t C 1 +s }� �'" p s �xs✓r1� �J q�Y 51 55 � 41 1�ql+Ml b 1 Yn y Yg ¢ 1 x� e a .f♦ ,�tt 4 i r J f 4 \ ' r EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, Fired 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 shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute 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 Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. r , EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written 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 behalf of the Consultant 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 receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall 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 rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 49 DATE(MMIDDIYYYY) A CERTIFICATE OF LIABILITY INSURANCE °6„z,2°,4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the pollcy(les) must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s) y CONTACT a PRODUCER NAME Aon Risk Services Northeast, Inc. PHONE (866) 283-7122 No 800-363-0105 0 MOrriStoWn Ni Office (A/C No Exy 44 Whippany Road, Suite 220 E-MAIL T Morristown N] 07960 USA ADDRESS INSURER($)AFFORDING COVERAGE NAIC If INSURED INSURER ACE American insurance Company 22667 AMEC Environment & Infrastructure, Inc INSURERS Zurich American Ins CO 16535 600 Um versIty, suite 600 INSURER American Zurich Ins co 40142 Seattle WA 98101 USA INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER 570054092975 REVISION NUMBER 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 POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS Limits shown are as requested POLICY EXP LTSR R TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICYYYYY EFF MM1ODNYYY LIMITS A X COMMERCIAL GENERAL LIABILITY HDOG EACHOCCURRENCE $1,000,000 Da a $100,000 CLAIMS-MADE X❑OCCUR PREMISES Ea occurrence MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000,000 a POLICY ❑X JEa LOG PRODUCTS-COMP/OP AGG $2,000,000 0 OTHER r B AUTOMOBILE LIABILITY BAP9483148-03 05/01/201405/01/2015 COMBINED SINGLE LIMIT $1,000,000 Ea accident 1xx ANY AUTO BODILY INJURY(Per person) O Z ALL OWNED SCHEDULED BODILY INJURY(Per amdem) ..d+ AUTOS AUTOS PROPERTY DAMAGE R U HIRED AUTOS X NON-OWNED Per accidentAUTOS -EComp Ded$1,000 X Coll Dad$1 ODO d) UMBRELLA LIAB H OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION C WORKERS COMPENSATION AND WC350486613 O$ OL 2014 OS O1 2015 )( SPR EATUTE OERH EMPLOYERS'LIABILITY Y I N ANY PROPRIETOR I PARTNER I EXECUTIVE EL EACH ACCIDENT $1,000,000 OFFICFR;MEM8ER EXCLUDED? NIA (Mandatory In NH) E L DISEASE-EA EMPLOYEE S1,000,000 If yes,describe under E L DISEASE-POLICY LIMIT $1,000,000— DESCRIPTION OF OPERATIONS below a� DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE Project No SE14161150, Project Description Scope of work Perform soil sampling activities for the Downey Farmstead and Leber Homestead Projects, ongoing Project start Date, Tun-11-2014, Estimated Contract Price $16314. city of Kent is included : as Additional insured in accordance with the policy provisions of the General Liability and Automobile Liability policies General Liability and Automobile Liability policies evidenced herein is Primary and Non-Contributory to other insurance available to Additional Insured, but only in accordance with the policy's provisions A waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policyy provisions of the General Liability policy Should General Liability, Automobile Liability and workers' Compensation policies be cancelled before the expiration date thereof, the policy provisions CERTIFICATE HOLDER REC CANCELLATION a" SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE - POLICY PROVISIONS City of Kent J(JN B 2014 AUTHORIZED REPRESENTATIVE Att220nFourthtAvenueLsouthaporte' Is Resources Kent WA 98032 USA Cfty Of Kent C�4 ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID. 10650550 LOC#: V "1 ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk Services Northeast, Inc. AMEC Environment & Infrastructure, Inc. POLICY NUMBER See Certificate Number: 570054092975 CARRIER NAIL CODE See Certificate Number: 570054092975 EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER ACORD 25 FORM TITLE Certificate of Liability Insurance Additional Description of Operations/Locations/Vehicles will govern how notice of cancellation may be delivered to certificate holders in accordance with the policy provisions. ACORD 101(2008101) ®2008 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD ENDT.#4 POLICY NUMBER: HDO G24554818 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS -- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s Location And Description Of Completed Operations Where Required by Insured Contract All work conducted by AMEC USA Holdings, executed prior to loss. Inc, except for work conducted at or from any OCIP, CLIP, or Joint venture Project Specific Insurance Program for which the Named insured is an enrolled Participant. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section if —Who Is An Insured is amended to 2. if coverage provided to the additional insured is include as an additional insured the person(s) or required by a contract or agreement, the organization(s) shown in the Schedule, but only insurance afforded to such additional insured will with respect to liability for "bodily injury' or not be broader than that which you are required "property damage"caused, in whole or in part, by by the contract or agreement to provide for such "Your work" at the location designated and additional insured. described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard" However: 1. The insurance afforded to such additional Insured only applies to the extent permitted by law, and CG 20 37 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 2 -1 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance. 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 0ISO Properties, Inc.,2004 CG 20 37 07 04 13 REQUEST FOR MAYOR'S SIGNATURE KENT Please FIII In All Applicable Boxes c wed e-"q'V"C'.' Originator's Name: Matt Knox Dept/Div. En ineerin Extension: 5551 Date Sent: (Q 209 Date Required: 2 Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/15 VENDOR: AMEC Environment & DATE OF COUNCIL APPROVAL: n/a Infrastructure, Inc. ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached agreement is for AMEC to perform soil sampling activities on the Downey Farmstead and Leber Homestead properties. For additional information, see the attached memo. All Contracts Must Be Routed Through The Law Department �QJjT���to feted by the Law Department) Received: tJN �`/0�4 iJN 2 �! 2014 Approval of Law Dept.: ��tq Law Dept. Comments: KENT LAW DEPT. W� 44kED Date Forwarded to Mayor: I l� City of Kent Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: Disposrtion:A���/� Date Returned: PUBLIC WORKS DEPARTMENT Tim LaPorte, P.E., Public Works Director • Phone:253-856-5500 K E N T Fax: 253-856-6500 WASHIVGTON Address' 22o Fourth Avenue S. Kent,WA 98032-5895 Date: 05/29/2014 To: Mayor Suzette Cooke Thru : Tim LaPorte, Chad en, Kelly Peterson CC: Mike Mactutis �1/1e From : Matt Knox, Taj Sch e RE: Consultant Selection - Leber and Downey Soil Testing We recently reviewed Statements of Qualification (SOQs) to find a qualified consultant to provide soil sample collection, analysis and reports for the Downey Farmstead as well as the Leber Restoration Projects. These two project sites are located in an area suspected to contain elevated levels of arsenic and lead from the former Tacoma smelter plume (ASARCO). The city has committed (through a SEPA condition) to testing for these elements according to Ecology guidance. If arsenic or lead levels are found at greater than Ecology and EPA action levels, the city will enter into the Ecology's "Voluntary Cleanup Program" for these sites and determine appropriate actions before project construction begins. The Downey and Leber projects are large Green River fish enhancement and flood- reduction projects proposed and designed by the city and supported by the WRIA 9 forum, with grant funds from the Salmon Recovery Funding Board, King Conservation District, King County and many others. AMEC Environment and Infrastructure had the most experience with similar soil sampling projects and has familiarity with both sites. AMEC's Scope of Work for this project is divided into separate tasks for testing and analysis at the Leber and Downey sites in order to keep billing separate. Grant funds have been received for the Leber soil analysis and are expected in the near future for the Downey site. Please let me know if you have further questions or concerns about this matter. Thank you.