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HomeMy WebLinkAboutPW14-221 - Original - Asbesto-Test, Inc. - Hazardous Materials Inspection & Testing - 09/04/2014 +ro hw, ` �1. ° p' a Records ima, nageme' WA3HINOTON KENT Document J . . 3 � x} fv§ 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: Asbesto-Test, Inc. Vendor Number: JD Edwards Number Contract Number: OKA W%W W This is assigned by City Clerk's Office Project Name: Hazardous Materials Inspection & Testing Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 9/4/14 Termination Date: 10/31/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Nick Horn Department: Engineering Contract Amount: $1,300.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Inspect and test for hazardous materials at 26106 SE Kent Kangley Road. I As of: 08/27/14 I KE O T wA,� ��ron GOODS & SERVICES AGREEMENT between the City of Kent and I Asbesto-Test, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Asbesto-Test, Inc. organized under the laws of the State of Washington, located and doing business at 1429 Ave. D. #187, Snohomish, WA 98290, Phone: (425) 489-4040/Fax: (775) 665-0420, Contact: Arlynn Hammond (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall inspect and test for hazardous materials at 26106 SE Kent Kangley Road, For a description and Vendor's quote, see the attached Exhibit A which is incorporated by this reference. 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. i II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by October 31, 2014. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Thousand, Three Hundred Dollars ($1,300,00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: III GOODS & SERVICES AGREEMENT - 1 (Under$10,000.00, including WSST) Vendor shall be paid upon completion of services and after submittal of invoice. I i 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 other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts 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, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 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 Vendor 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 Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. i C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor 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 Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required GOODS & SERVICES AGREEMENT - 2 (Under$10,000.00, including WSST) t I by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor 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. 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 this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision 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 change. 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 faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The 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 the Vendor fails to require an amendment within the time allowed, the Vendor waives its right 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 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 damages, 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 NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. GOODS & SERVICES AGREEMENT - 3 (Under$10,000.00, including WSST) 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 support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing 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 the 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. 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 failing to follow the procedures of this section, the Vendor completely waives any claims 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. I 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 of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will 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. GOODS & SERVICES AGREEMENT - 4 (Under$10,000.00, including WSST) i 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 perform the work to which the employment relates. it 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, 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 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 INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor 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 Vendor's part, then Vendor 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 Vendor's part. The provisions of this section shall survive the expiration 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 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 Vendor's own risk, and Vendor 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 recyclable products whenever practicable. A price preference may be available for any designated recycled product. GOODS & SERVICES AGREEMENT - 5 (Under$10,000,00, including WSST) i 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 j 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 XI 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 Vendor. 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 j 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 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. 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. GOODS & SERVICES AGREEMENT - 6 (Under$10,000,00, including WSST) 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. i IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. I VENDOR: % CITY OF KENT: F I /✓ r,. 1r By: By: (� re), l �t�e _ (signature) Print Na t _ e��7 'JF�(� Print Name: Mark Howlett Its: 4 r Its: Design Engineering Manager tle} DATE: �t DATE: q-LoY NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Arlynn Hammond Timothy J. LaPorte, P.E. Asbesto-Test, Inc. City of Kent 1429 Ave. D #187 220 Fourth Avenue South Snohomish, WA 98290 Kent, WA 98032 (425) 489-4040 (telephone) (253) 856-5500 (telephone) (775) 665-0420 (facsimile) (253) 856-6500 (facsimile) A,be,W-Test-Lane Demo/Horn III i I GOODS & SERVICES AGREEMENT - 7 (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 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 j 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 fulf he five requirements referenced above. i By: For: / t' Title; 0-5 Date: ,2 i I EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY I NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 I I i 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. i i EEO COMPLIANCE DOCUMENTS - 2 of 3 i I 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 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 i EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A i A-T A58ESIO-TEST 'I INC a p c ryAL4G003-i Page 1 of 1+attachments P14OP2140731A July 31,2014 City of Kent,Washington 220 40'Ave.South Kent,NVA 98032 attm Nick Horn 253-856-5529 ahmmGdkentiva.aov Re: proposal for asbestos inspection&Lead(Ph)sampling conducted by an AHERA building Inspector/Lead Certified personnel PRIOR TO DEMOLITION OF THE STRUCTURES @ THE FOLLOWING SITE ✓ 26106 Kent Kangley Road;ONE SINGLE FAMILY residential dwelling&out buildings This proposal provides for No following: • ONSITEASBESTOSSUR[Ts Y CONDUCTED IYANARERA RUII,DINGINSPECTOR • ONSITE LTAD tPb)PAINT,SASSESSMENT • .SAMPGING(SUSPFCTASRESTOS CONTAININGAM7'F,RIALSAND PAINT SURFACES FOR LEAD pat • CONSULTING • ANALYSES CONDUCTED B YA N A CCR EDITED LABORATORY • REPORTGFNITAITIONAND DELIVERY TO YOU ATTIDN 5 a'ORRINODAIS • Aecrthkate of professional liability Insurance(in the amount of$2,000,000 naming you or your firm as additional Insured)will be available to you en request,along unit additional tax information as you may require.The survoy will be conducted by on AHERA bniiding Inspector holding a current earn ficals,us per Washington State Law. Hello Nick, Thank you for requesting a proposal for our services. 'The following is our fee schedule to provide an asbestos survey art the structure referenced above,prior to demolition. ASBESTOS SURVEY(residential) INCLUDES CONSULTING,ON SITE SAMPLING,&REPORT GENERATION(Asbestos) $3SO +laboratory analysis of suspect asbestos containing samples@ $15 ea. +CONULTING,ON SITE SAMPLING,&REPORT GENERATION(Lead Ph) $200 +laboratory analysis of suspect Lead(PLI)contalning samples @ $25 ea. If the structure is In use/occupied(Imarded), full electricals,has bunted,has had indmals(fecal matter),hashed drug activity,contains biological waste,or is otherwise hazardous and limiting to the Inspector's ability to access the required sampling areas,the total fee lyil)be adjusted. Please visit our web site at www.mbestonst.com. Our fee schedule along with additlotedinformatiouis posted there. Weean be on site within a woek of your order. You will have your written report in hand within 5 working days of the on site visit. Thankyoul ACCEPTEDBY; DATE; Siecereiy, Ac4,vn,Donurma$Abe,Pre, Aunylkd Ch.,d IAI%APceci<a1 AIIERA PsYdoolo m1c, In fire event of account deffnrluency,and sitoutd collectlonllegat fees be incurred,tire a/tent/purebaser wttt be assessed an additional 35%of tire invoice total amount. ' 1429 Ave.D,#I87,Smd a nIsh,WA 98290 425-489-4040i c 206-914-55001 f 775-6650420 o mall Asbosuar,ibm ssn co„S wefi;mvw.nsbesrolesLeom BIB! Horn, Granville i From: ARLYNN HAMMOND ASBESTO TEST INC <asbestotest@msn.com> Sent: Friday,August 01,2014 3:16 PM To: Horn, Granville Subject: Re: here is another copy of the proposal thank you Attachments: REGULATORY ATTACHMENTS.pdf Hi Nick, No worries. I was sick earlier in the week tool argh. I For one single family dwelling with out buildings I could quote you NTE $900 for the Asbestos part, IF the structure Is not burned or otherwise hazardous. For the Lead Paints testing, it depends on how many different paints there are. It could be 5, it could be 20. So, for the Lead Paints, I could say not to exceed $500. So that would be a total not to exceed $1300 for your Asbestos survey and the Lead Paints testing. In order to test vermiculite for asbestos accurately, you need to have it done by a laboratory with j transmitting electron scan capability. There Is one lab In Seattle who does that Lab/cor, Inc, 206-781- 0155. I would take the sample to them and that analysis, time, travel, and report generation is not Included in the proposal, The other choice for vermiculite is to assume it contains asbestos and let the abatement people take care of it. If you are familiar with the properties, you can go and count the suspect asbestos containing materials, and have a good idea of how many samples will be taken, and compare it to the list that Is on page 5 of the attached regulatory info, REGS: I have only been doing this for 27 years, I can talk regs all day. You can further educate yourself by reading the regs in EPA REGULATION 40 CFR 763,86, Puget Sound Clean Air Agency Asbestos Control Standards, Regulation III, article 4, and Washington State Department of Labor and industries, WAC 296-62-0777 through 07761. I haven't even mentioned WISHA, OR DOE- who have another set of rules. If you need a phase 1, you need to call around and find a laboratory who can do that for you. That would likely include a reference to most of your other "hazardous" materials. If it doesn't, you need to identify what you want and be specific to the laboratory you are hiring. Please feel free to attach this e mail to my proposal. Thank youl —arlynn t I I 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, 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 shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be 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 City shall be named as an 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. 4. Professional Liability insurance appropriate to the Consultant's profession, 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 $500,000 per accident. i 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. i I EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. 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 Contractor 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. ACORDiM CERTIFICATE OF LIABILITY INSURANCE D08/25/2014 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION RKI ING, CGrI#68379 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O.BOX 157 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR LEBANON,OR 97356 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (541)451-1313 I FAX:(541)259-1092 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: ROCKHILL INSURANCE COMPANY ASBESTO-TEST, INC. (IE— S� INsuReR B: I INSURER 0: 1429 AVE D,#PMB 187 INSUITURD: SN HOMISH, WA 98290 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWIT14STANDING 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,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, IHm ADD POLICY HONOUR EFFECTIV=_ POLICY EXPIRATION LIMITS TYPO QP INSURANCEimummi GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ENVP000609-02 MAR 1614 MAR 1615 um GE ro RENT 50,000 X COMh1ERCiAL GENERAL LIABILITY PREI�, ETAS, aoccuronco $ q C,IAIMS MADE L,OCCUR ME❑EXP ymeknreen) ,., $ 5 OQQ PERSONAL 6 ADV INJURY $ 1.000,000 _ GENERAL AGGREGATE $ 2 000,000 GEN'L AGGREGATE LIWTAPPUES PE13: PRDD❑❑TS-COMPIOPAGG $ 2.000,900_ POLICY MIT I= _.-___ _ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANYAUTO (Fa acddsnQ $ ALL OWNED AUTO$ BODILY INJURY $ SCHEOULEDAUTOS (Per person) HIRED AU'POS BODILY INJURY NONAWNEDAUTOS (Pxrs"Ident) $ PROPERTYDAMAGE $ (Pera"Ident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANYAUTO OTHER THAN _EAACC $ A _ AUTO ONLY. AGO $ EXCESStUMBRELLALIAEILITY EACHOCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE _._ $ DEDUCTIBLE $ RETENTION $ WO ITA-111- RYUMHS OTH• WORKERS COMPENSATION AND LIMB'S._ EMPLOYERS'LIABILITY F.L.EACH ACCIDENT $ ANY PRDPRVTOWPARI'NER/EXECUTNE "- OFFICEWMEM,BER:XCLUDED7 F.L.DISEASE-EA EVPLOYEEI$ PPEs�IAI deeaeu PRlbOVntlerISIONS 56Iow E.L.DISEASE-POLICY LIMB $ j SI$E OTHER ENVP000609-02 MAR 16 14 3116/15 $2,000.000 AGGREGATE LIMIT A PROFESSIONAL LIABILITY $1,000,000 EACH PROFESSIONAL SERVICE INCIDENT LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS i REF: THE CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED PER THE BLANKET ADDITIONAL INSURED ENDORSEMENT WHEN REQUIRED BY CONTRACT. (A COPY OF THIS ENDORSEMENT IS AVAILABLE UPON REQUEST.) CONTRACTORS POLLUTION LIABILITY IS INCLUDED IN THE ABOVE GENERAL LIABILITY POLICY. PETRO DATE FOR THE POLLUTION COVERAGE 15 3116/05. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF KENT ENGINEERING DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TOMAIL 30 DAYS WRITTEN 400 WEST GROVE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL KENT,WA 98032 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. ATTEN: NANCY YOSHITAKE AUTHORIZED REPRESENTATIVE ACORD 25(2001/00) ©ACORD CORPORATION 1988 i I POLICY NUMBER: ENVP000609-02 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 I I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR i CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: I i COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s) Or Organization(s�;. ._ Location(s) Of Covered Operations Any person or organization for whom you are performing In respect to any location where the named insured is operations when you and such person or organization have performing"your work'. agreed in writing in a contract or agreement,effected prior to the date your operations for that person or organization commenced,that such person or organization be added as an additional insured on your policy, _-__ "-- --- -- --` Information required-to completa these Schedule,If not shown,will_be shown In the Declarations. ; A. Section II—Who Is An Insured is amended to Include B. With respect to the Insurance afforded to these as an additional insured the person(s)or additional insureds,the following additional organization(s)shown in the Schedule,but only with exclu-sions apply: respect to liability for"bodily Injury", "property damage" This insurance does not apply to"bodily injury"or or"personal and advertising Injury'caused, in whole or "property damage"occurring after: In part, by: 1. All work, including materials, parts or equip-ment 1. Your acts or omissions;or furnished in connection with such wark, on the project (other than service,maintenance or 2. The acts or omissions of those acting on your repairs)to be performed by or on behalf of the behalf; additional insured(s) at the location of the covered In the performance of your ongoing operations for the operations has been completed;or additional insured(s)at the locations)designated 2. That portion of "your work"out of which the Injury above. or damage arises has been put to Its intended use by any person or organization other than another contractor or subcontractor en-gaged In performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDED WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART TRANSPORTATION POLLUTION LIABILITY COVERGE PART I SCHEDULE Name of Person or Organization: Any person or organization that is: 1. An owner of rest or personal property on which you are performing operations,but only at the specific written request by that person or organization to you,and only if: a.That request is made prior to the date your operations for that person or organization commenced;and b,A Certificate of insurance evidencing(hat request has been issued by your authorized Insurance agent or broker;or 2. A contractor on whose behalf you are performing operations,but only at the specific written request by that person or organization to you,and only if: a,That request is made prior to the date your operations for that person or organization commenced;and b.A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. WAIVER OF SUBROGATION--if required by written contract or agreement, we waive any right of recovery we may have against any entity that is an additional Insured shown in the Schedule above per the terms of this endorsement because of payments we make for injury or damage arising out of"your work" performed under a contract with that person or organization. All other terms and conditions remain unchanged. i I i RHIC 6058 (01110) Includes Copyrighted Material of Insurance Services Office, Inc, Page 1 of 1 with its permission �i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS i I This endorsement modifies insurance provided under the following; CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement,effected prior to the date your operations for that person or organization commenced,that such person or organization be added as an additional insured on your policy. (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement,) A. Section II—Who is An Insured is amended to (1) All work including materials, parts or equipment include as an additional insured the person(s) or furnished in connection with such work, on the organization(s) shown in the Schedule, but only project (other than service, maintenance or with respect to liability for"bodily injury", "property repairs)to be performed by or on behalf of the damage"or"personal and advertising injury" additional insured(s) at the site of the covered caused, in whole or In part, by: operations has been completed; or 1. Your acts or omissions;or (2) That portion of"your work" out of which the injury 2. The acts or omissions of those acting on your, or damage arises has been put to its intended behalf; use by any person or organization other than in the performance of your ongoing operations for another contractor or subcontractor engaged in the additional insured(s) at the location(s) performing operations for a principal as a part of designated above, the same project, B. With respect to the insurance afforded to those additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to"bodily injury" or"property damage"occurring after: RHIC 6227 (06111) Includes Copyrighted Material of Insurance Services Office, Inc. Page 1 of 1 with its permission i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. i ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following; PROFESSIONAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement,effected prior to the date your operations for that person or organization commenced,that such person or organization be added as an additional insured on your policy. (if no entry appears above, information required to complete this endorsement will be shown In the Declaration as applicable to this endorsement.) A. Section 11—Who is An Insured is amended to (1) All "professional services", Including materials, include as an insured the person or organization parts or equipment furnished in connection with shown in the Schedule, but only with respect to such services, on the project(other than liability caused, in whole or in part, by maintenance or repairs) to be performed by or on "professional services"performed for the behalf of the additional insureds)at the site of additional insured(s), the covered operations have been completed; or B. With respect to the insurance afforded to these (2) That portion of"your work"out of which the injury additional insureds, the following additional or damage arises has been put to its intended exclusions apply; use by any person or organization other than Exclusions another contractor or subcontractor engaged in performing operations for a principal as a part of This insurance does not apply to any"claim"that the same project, results from injury or damage occurring after: I RHIC 6105 (06111) Includes Copyrighted Material of Insurance Services Office, Inc. Page 1 of 1 with its permission i i, �IISUraii(.E::., POLICY NUMBER: P5580689 A 1 ibrn 7 >Im u,d tnngrary j I FIRED NATIONAL IEMSkWA,INCE COMPANY OF AMERICA AUTOMOBILE POt-ICY DEC'L A!`zATIONS NAMED INSURED: RENEWAL DYKSTRA I _ POLICY PERIOD FRoM; OCT. 29 2013 TO: OCT. 29 2014 at 12:01 A.M, standard time at the address of the insured as RKIAGENT:ITC slated herein. PO BOX 157 AGENT TELEPHONE: LEBANON OR 97355-0157 (541) 451-1313 RATED DRIVERS CARL DYKSTRA, LINDAyuDYKSTRA 2011 TOYOTA TUNDRA DOUBLE CAB 4 DOOR PICK-UP ID# 5TFUM5F17BX019075 �. premium Insurancchargese is Fapeeindica9edl'd 0111- l9 the coverages For which limits of liability Or ,p LIABILITYc 10 o BODILY INJURY $250,000 $250,0 rn Each Person Each Pars n W *500,000 $5001 0 oPROPERTY DAMAGE Each Occurrence Eac Occurre ce co $500,000 *500, 00 vi Each Occurrence Each ecurr lice PERSONAL INJURY PROTECTION $35,000 $3 1000 o (Incl. ADDL PIP) o UNDERINSURED MOTORISTS: o BODILY INJURY 0 $250,000 $ 50,000 w Each Person Ea Person h- $5DD,000 500,000 a, PROPERTY DAMAGE Each Accident Each ccidout ry *50,000 $501000 o DEDUCTIBLEr Each Accident Eac cident o SEE YOUR POLICY SEE Y U POLICY COMPREHENSIVE Actual Cash Value Actual Cas Value Less $100 Deductible Less $10 ' Dedu tible COLLISIONS Actual Cash Value Actu Cash lue Less 9500 Deductible Less $5. 0 Deduc ble ADDITIONAL COVERAGES: LOSS OF USE 350 Per Day/$1000 Max ROADSIDE ASSIST $50 Pa Dav/$2000 x TOTAL IOTA I You may pay your premium in full or in installments. There is no instal rent fee ! for the following billing plans; Fu11 Pay, Annual 2-Pay. Installment Fees for all other billing Plans are listed below. If more than ono policy is billed on the installment bill, only the highest fee is charged. The fee is: .�.� $2.00 per installment for recurring automatic deduction (EFT) $2, OO Per installment for recurring credit card or debit card $5.00 Per installment for all other payment methods -CONTINUED- P 0 BOX 515097, LOS ANGELES, CA 90051 Claim & Account Center Page 1 of 1 I .i p�n arzi: �trrcnl of Submit Date:7/2312014 ? -flh�If Px NCItl i�,rI Ca5 confirmation Number:300731 01 ly R� 2nd Quarter.April 1,2014-June 30,2014 Due Date:7/3112014 j i, AS8EST0 TEST INC WA um: 601 601 055 j 1429 AVE D S 187 Efil Account ID: 077,482 00 SNOHOMISH,WA 98290 Phone Number: 206-914.5500 Ext.0 Account Manager. THOMAS BOYLE 360.902AW Class Nature of Work Payroll Hours Rate Amount 1007.15 inspection 4 Gradum Bureaus $25,24300 510 0.7841 $399.89 4904 00 Clencat Office NOC a Draftsmn $3,000.00 150 0.1389 $20,84 Total of Premiums $420,73 Previous Balance $0.00 Grand Total $420,73 Preparers Information - Prepare,: Sam Nezistrano llayi'imo Phone: 425d51,4006 r"''1l: sammsarenex.com Payment Information method of Paymant; Paper Check j ii(tps://secure.lni.wti.govlcactDel'auitllriiitable.ttsl)x?viewi(i=297 `/2312014 I Calm & Account Center P.tge 1 of 1 '"d h v7[' "i^.r 'ninvy,i of Submit Dataumber:2884451 Con(irmatlon Number:2884457 hai3nr & Inclustr'ins QLI 1Pfly Rep0I't let Quarto,:January 1,2014-honch 31,2014 Due Date;413W 1014 ASBE5TO TEST INC WA uBi: 601 601 055 1429 AVE 0# 187 Cal Account ID: 071,482.00 SNOHOMISH, WA 98290 Phone Number: 206-914-5500 Ext.0 Account Manager. THOMAS DOYLE 360-902-4686 Clan Nature of Work Payroll Hours Rate Amount I007-15 Inspcctlon 1 Grading Boroaus $23,929A0 431 0.7841 $338.73 ] 4904,00 Clerical Office DOC a Cauumn $2A(o.o0 123 0.1389 $17.08 Total of Premiums $355.81 I Prevlous Balance $0.00 Grand Total $355.81 Preparcr'>information _...._.. _. .. _. . Pmparor; Sam Mvvoistrom DaYTime Yhunc; 425-251-4006 Friuli sm@?$ro m"coal Payment Information WArm l of PaNOonu Paper Check i I littps://secure.Iiii,wa,govlcacll)efati]tPri titable.,tspx'?viewid=297 /21/2014