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HomeMy WebLinkAboutPW16-232 - Original - Amec Foster Wheeler Environment & Infrastructure, Inc. - Leber Homestead Project - 05/27/2016 ON / r /i /i/U//r cif% %i r /i %/illy / c ,% r d s KENT wnsr,Iwcron Document 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 Foster Wheeler Environment & Infrastructure, Inc. Vendor Number:.. JD Edwards Number Contract Number: M p This is assigned by City Clerk's Office Project Name: Leber Homestead Pro`ect. Description: ❑ Interlccal, Agreement ❑ Change Order ❑ Amendment Z Contract ❑ Other: Contract Effective Date Date of the Mayor's signature Termination Date: 12/31/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Matt Knox Department: Engineering Contract Amount: $89,200.00 Approval Authority: (CIRCLE ONE) Department Director Mayor (HEncil) Detail: (i.e. address, location, parcel number, tax id, etc.): Provide inspection and sampling services for the proposed soil mixing on the Leber ___.. ___..._.._.. _. Property to obtain arsenic concentrations. _..... As of: 08/27/14 Corporations: Registration Detail - WA Secretary of'State Page I of I 0 Online annual report filing for profit corporations and Ll-Cs will be unavailable from May 25 to June 5. Be sure to file your annual report before that time! Read more... (/corps/BLS-OnVine-Reporting-Unavailable-May-25-to-lunez54asp-xI AMEC FOSTER WHEELER ENVIRONMENT&INFRASTRUCTURE,INC OBI Number 601550S07 Category PEG Profit/Nonprofit plcf t ActWe/Inactive Attive state Of Incorporation NV WA I'ding Date 06/03/1994 Expiration Date 06/30/2317 Inactive Date Duration Pwpeulal Registered Agent Information Agent Name Crjr CORPORATION SYSTEM Address 505 UNION AVE SE STE 120 City OLWANA State WA ZIP 985DI SpecLA Address Information Address City State Zip GoveminglIersoris Title Name Address Director NAYLOR,SIMON 10777 CLAY ROAD HOUSTON,TX 77041 Director TO EVS,S'fLrVrN '111 DUNSMUIR STREET VANCOUVER BC V613 5W3 CANADA,FO 00001 President,Chaimiari,Dio eum MASSEY d AN N 1105 LAKEWOOD PARKWAY STE 300 ALPHARETTA,GA 30009 Secretary KNIGHT,BRADLEY 1105 LAKEWOOD PKWY STE 30O ALPHARETTA,CA 30009 Treasui(tr KENDALL,SHERRILL 1105 LAKEWOOD PKWY STE 300 ALPHARETTA,CA 30009 httl)://www.sos.wa.gov/corps/searcli_detail.aspx?tibi=601550507 5/18/2016 �OT W w3 HiNOTOH CONSULTANT SERVICES AGREEMENT between the City of Kent and Amec Foster Wheeler Environment & Infrastructure, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Amec Foster Wheeler Environment & Infrastructure, Inc. organized under the laws of the State of Nevada, located and doing business at 600 University Street, Suite 600, Seattle, WA 98101-4107, Phone: (206) 342-1760/Fax: (206) 342-1761, Contact: Crystal Thimsen (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 provide services to inspect and sample the proposed soil mixing on the Leber Property to obtain arsenic concentrations. 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, 2017. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Eighty Nine Thousand, Two Hundred Dollars ($89,200.00) , 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. 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. CONSULTANT SERVICES AGREEMENT- 1 (Over$20,000) • 1V. 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 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. CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) 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 Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. 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 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) ,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 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. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. 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. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) X. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT, CITY OF KENT: By: By: (signature) t Co (S-AnPLure) (signature) r,0 6C1,,8,,L Print Name Print N one: u ette Cooke .t M Its Pr1t1r7W' s _W_5 y or (title U DATE: A C4) DATE: t NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Crystal Thimsen Timothy 3, LaPorte, P.E. Amec Foster Wheeler Environment & Infrastructure 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) ............ APP,RO ED AS TO FORM: Kent Law Department Annec Faster Wheeler-Leber 3/Knox CONSULTANT SERVICES AGREEMENT 5 (Over$20,000) 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. 1 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: Fo r: I,Lvez,,I-,a� Title: A1,44 Date: 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: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A amec foster wheeler Memo went via a-mail: mknox@kentwa.gav To: Mr. Matt Knox Project: SE14161150 City of Kent Engineering Department From: Crystal Thimsen cc: Kathleen Goodman,Amec Foster Tel: (206) 342-1760 Wheeler Koorus Tahghighi,Amec Foster Fax: (206) 342-1761 Wheeler Date: April 11, 2015 Project File Subject: Leber Property Soil Mixing Oversight Proposal Mill Creek Confluence Restoration Project Kent, Washington INTRODUCTION This proposal memorandum has been prepared by Amec Foster Wheeler Environment& Infrastructure, Inc. (Amec Foster Wheeler), for the City of Kent Engineering Department(City)to provide a brief description and cost estimate associated with inspection and sampling of the proposed soil mixing on the Leber Property to obtain arsenic concentrations below the screening level of 20 milligrams per kilogram (mg/kg). I PROJECT BACKGROUND The Mill Creek Confluence Restoration Project comprises 8.6 acres and two parcels (2522049023 and 0200000127) (Figure 1 attached). The properly is located adjacent to 7040 South 262nd Street (Figure 1). 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. Amec Foster Wheeler conducted soil testing on both parcels in July 2014 to determine if the soil had been contaminated by the historical operation of the ASARCO smelter plume. The investigation revealed arsenic at elevated concentrations above the cleanup level established by the Washington State Department of Ecology(Ecology)of 20 mg/kg on the south parcel (Ecology,2012). An additional investigation and soil sampling was conducted in February 2016 to determine the arsenic concentrations with depth. Based on the results of the recent investigation, it was decided to mix the upper 1 foot of the site soil on the southern parcel with either deeper soil or soil from the north parcel at a ratio of 1 to 3,to lower the arsenic concentration to below 20 mg/kg (Amec Foster Wheeler, 2016).Amec Foster Wheeler prepared soil mixing specifications,which were included in the City's bid package. The selected contractor is scheduled to begin the soil mixing operation this summer. SCOPE OF WORK We have divided the work into five tasks to complete the scope of work. These tasks are: • Project Plans Preparation; Amec Foster Wheeler Environment&Infrastructure,Inc. 600 University Street,Suite 600 Seattle,Washington USA 88101-4107 Tel (206)$42-1760 Fax (206)342-1761 www.amecfw.com amec v..Ni foster Memo wheeler April 11, 2016 Page 2 of 4 • Field Inspection and Sampling; • Confirmation Sampling; • Final Report Preparation; and I • Project Management. The specific work performed under each task and associated assumptions are described below. Task 1 -- Project Plans Preparation This task includes review of the selected contractor's work plan and site-specific health and safety plan (HASP)to determine their content and proposed methodology. We will then prepare a work plan and project-specific HASP for Amec Foster Wheeler's involvement with the soil mixing phase of the project.The work plan will consist mainly of a sampling and analysis plan, detailing sampling strategy and procedures. The work plan will be prepared based on the selected contractor's soil mixing procedure and methodology. , ear We will submit our review omments on the contractor submittals and our draft project plans electronically to the City ' Kent for review and comment.We have assumed that reviewing contractor submittals as well as de eloping Amec Foster Wheeler plans will require two rounds of review and revisions. Task 2—Field Inspection and Sampling This task includes the field activities associated with inspection of the soil mixing operation and collection of soil samples for verification. A senior engineer and the field inspector from Amec Foster Wheeler will be present on the first day to establish the mixing protocols during mixing test sections and to collect verification samples. Subsequently,the inspector will be on site full time while the soil mixing operation is ongoing.The contractor's proposed mixing operation and duration is currently unknown. Therefore,we have assumed that operation will be completed within eight weeks, and that the contractor will work a standard 40-hour work week. Depending on the level of resources allocated to the soil mixing operation by the contractor, it is possible that an additional field inspector may be needed, but the project duration will be accordingly shortened, such that there would be minimal to no cost impact to our assumed eight-week duration. The field inspector will attend the morning tailgate safety meeting and visually observe and verify the correct soil mixing procedure is followed. He/she will collect verification samples while on site. The field inspector will document the activities in a field book describing the accomplishments for the day and the samples collected. The project progress will also be documented with photographs.A summary weekly report along with select photographs will be submitted to the City once a week.We have budgeted a total of nine hours per day for the field inspector to allow inspection, sampling, and project documentation, daily.We have assumed that contractor management, soil shipment, and new berm construction oversight will be conducted by the City. We have assumed there will be a weekly project progress meeting of one hour duration,which will be attended by our senior engineer and, if the timing allows, by our field inspector. In the meeting the RA0001 Proposalsk2016%Clty of KGntk003QO16_04-11_Leber Property CM Proposal_Sx.dou ww a m e c foster Memo wheeler April 11, 2016 Page 3 of 4 project progress will be summarized and any issues that may come up will be discussed and resolved. The soil mixing phase of the project is expected to generate approximately 38,000 bank cubic yards (BCY)of mixed soil. We have assumed that one sample per 250 BCY will be collected for verification. This ratio will require collection of at least 152 samples. Each sample will be composited from five discrete samples. Due to the possibility of some samples exceeding the cleanup level, we propose an allowance of an additional 48 samples for re-testing. Given the volume of soil represented by each sample, we propose to subdivide a section that may fall testing into four subsections, or approximately 52 BCY, and resampling. This approach may result in certain subsections to pass the testing, thus minimizing the amount of soil re-mixing by the contractor.Any re-mixed soil will be re-sampled every 250 BCY. All samples will be picked up by Friedman & Bruya, Inc., an analytical laboratory located in Seattle, Washington. We propose to conduct the analysis on a 24-hour turnaround basis, so that the contractor will know the results within 48 hours of sample collection. We believe the added cost of$20 per sample for fast turnaround will result in cost savings for the City. If the project status indicates that contractor operations will not be delayed by slower turnaround time, then the samples will not be rushed. The data received will be reviewed by our chemist for accuracy and validity, and tabulated. Task 3—Confirmation Sampling This task may be considered an optional item, if Ecology requires sampling of the final subgrade to confirm the arsenic concentrations that remain will be below the screening level of 20 mg/kg.We have assumed that the City will discuss this topic with Ecology within the next two weeks and will arrive at a decision as to whether confirmation sampling of the subgrade will be required. If this task is required, then the proposed sampling locations and procedures will be discussed in the work plan.We have assumed that confirmation sampling will be conducted as the mixed soil is shipped off site, during the same eight weeks of soil mixing operation.Therefore, only an average of one additional hour per day has been included for the field inspector. We have assumed that confirmation samples will be collected on a grid of approximately 100 feet square, resulting in a total of 21 samples.We have assumed that the project surveyor will establish the sample locations and mark them with a flag. Task 4—Final Report Preparation After completion of the project, a draft summary report will be prepared, presenting the project activities and laboratory results.The draft report will be submitted to the City electronically for review and comment. A final report will be prepared which will Incorporate any comments we receive.The final report will contain all the activity logs, photographs, and laboratory reports.Three hard copies of the final report, along with an electronic version, will be submitted to the City. Task 6—Project Management This task includes the activities associated with administrative management of the project such as invoice preparation and budgetary reporting.Also included in this task are three meetings of about one hour duration each with our senior staff to discuss the overall progress and resolve any issues. R:10001 Proposals120160ty of Kent100312016 04.11 Leber Property CM Proposal Sx.docx i =rye . amec foster Memo wheeler April 11, 2016 Page 4 of 4 We have assumed that a meeting may be needed before, at mid-point, and at completion of the project. COST OVERVIEW We propose to complete the project on time and material basis. The estimated budget to complete the project is presented below per task: Task 1 —Project Plans Preparation $ 7,400 Task 2—Field Inspection and Sampling $55,700 Task 3—Confirmation Sampling $ 6,200 Task 4— Final Report Preparation $12,200 Task 5— Project Management 7,700 Project Total $89,200 All work will be conducted on a time and materials basis in accordance with the detailed cost breakdown in the attached Table 1 and our standard agreement with the City of Kent.Work will be billed on actual costs based on the labor rates shown on Table 1. The estimated total cost to perform the soil mixing oversight for the site is $89,200. No work will be performed outside this scope of work without your verbal or written authorization. We will minimize our effort to the extent possible to keep the cost down; furthermore, if the contractor completes the project in less than eight weeks, the cost will be reduced. Attachments: Figure 1 Table 1 REFERENCES Amec Foster Wheeler Environment& Infrastructure, Inc. (Amec Foster Wheeler), 2016, Leber Property Remedial Approach Results, Mill Creek Confluence Restoration Project, Kent, Washington, February. Washington State Department of Ecology(Ecology), 2012,Tacoma Smelter Plume Model Remedies Guidance: Sampling and Cleanup of Arsenic and Lead Contaminated Soils, Publication Number 12-09-086-A, June. RA0001 Proposals\201601y of Kent\00312016_04-11 Leber Property CM Proposal Sx.doa I I'Ipt bGfn:Q1f2fl�1®-2:45Am,P9rvivaf by;acl5im.nttlfJ.aNp pimwwry A'¢N:S:114?bauq]7.,,CIYPpTM'.®x,bAvovno>;uh,Q)umwln�]h3tema�Ci:y4^f A^rraPasnl.�itvM¢p_t1t:.�lb,.imc�amrr',tl..rr^r ] �� Po 1 G M• tl A A A � I 4: 1 1 YYIIA .J 1 vYra ;u r!u e " Ii�Ii II T 11 mm I, _n y, f i / l� n rtl+ li%y� �pq I EXPLANATION 0 JANUARY 2016 TEST PIT LOCATION 0 TS 1S8 NEW ROAD(GRAVEL) ) APPRO AWE scALc i u rtET PARCEL.BOUNDARY SITE MAP AND TEST PIT LOCATIONS HISTORICAL SAr�raY..lrac LOCATIONS A Leber Property SAMPLE 0G OC TI MiO Creek Confluence Restomtlon Project ( Kent,Washlntgton �mec 0 SAMPLE(0,51 AND Vi 12'°DEPTH) foster x: s Da1E: o-11.... Paoexa. 1A1&1150 S AP TP-0 1 0 2008 SOILTEST PIT Amec Foster Wheeler . Jhe� C Environment&Infrastructure,Inc. Figure 1 I .l ^' ^' N CD a0 O Oi N Qp M !O oo O 14 O r CU N W U tRIN/ww Nl�N a 0f9� NM H b9HH}�� N CSI A 07 Q� m o � N 14 V) a NN 7 MN00 V N O LL C O h W O V:W 6 i 0 0 W) h 4m 0 0 0 0 0 N Q, C V V!40 cm Q 40 N< tH cn tl>H W ffl 1A d►b9 W� W N a a w N � a �•W tf fON ODN o00 O< O C. oo pp v� gyp• I G O ONZ MR fA� 0 OM�vy--• N N N CO OM CV ffi(Atoo V!a b90 W. 0 tliN %oil M Y E FAR._ G O G r N 0 0 p C.O N O< N U 3 0 .a 0 11 00) V, � O N O O r r r N O 0 0 0 0 I N Lo DD A N O'Q Q O f�[N tq M 00 0 0 0 0 00 ~ ) r p r f9 N �y M f9 co i w O R C S 0%6, � Ni w M fA fl t4 VIl w w L L r :v= O c N E d' g .x G H m y p o o c N o CO Iro � Nco 11 Nr N � wwm 1 C C7 Lu J J vJ m {L� u o w m co 0 W E;0 0 C. co <o m O 0 C tiOO (p.ANON OO< < � OOOOO a} mIDr r: ui u>N� N�(A� �n tAw»v►A CL wiles boll N 0 e- d w -v Y w ap •= 7 7 7 Z 7 7 7 m o E D [Q O J r � r r r r r E W a m o ~O A N Q co .0 A N C Q G N tm a) S cY E,, c i u m p L S G c c co o c m c m"F <9 L-- o W U I O m C r m m T E _ oa p oa E `� w a�cU' � � o Q F. »- _ o a �a�9 0 $ t+J c V E v ,8 F' v' V. p g �wll S0. 0 m U cQF- a°c Q � �� oo � o � � e p .13 o'cF {W'c �2' o ot- ou �' 0 3 � me aci dj� { `moo m :3 C: 7Q Ana o gQ a aUc,U 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. 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. 5. Contractor's/Consultant's Pollution Liability insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. EXHIBIT B (Continued) 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 $3,000,000 each occurrence, $3,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than 2,000,000 per claim and $4,000,000 policy aggregate limit. 4. Contractor's Pollution Liability insurance shall be written in an amount of at least $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Coverage may be written on a claims-made basis. 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. EXHIBIT B (Continued) 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. ® DATE(MMIDDIYYYY) � =�► o CERTIFICATE 4F LIABILITY INSURANCE 05/11/2016 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 policy(les)must be endorsed. It 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). PRODUCER 1-908-566-1010 CONTACT NAME: Construction Risk Partners, LLC PHONE FAX C o• MAIL Campus View Plaza ADDRESS: --__-- 2250 Route 28, Suite 201 INSURERS AFFORDING COVERAGE NAIG9 Branchburg, NJ 08876 INSURER A: ACE AMER INS CO 22667 INSURED INSURERS: ZURICH AMER INS CO 16535 Amec Poster Wheeler Environment & Infrastructure, Inc. INSURERC: ACE PROP & CAS INS CO 20699 600 University St., Suite 600 INSURER0: AMERICAN ZURICH INS CO 40142 INSURERE: AIG SPECIALTY INS CO 26883 Seattle, WA 98101 1 INSURER F: COVERAGES CERTIFICATE NUMBER:46836574 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. INIXP L R TYPE OF INSURANCE ADD BR POLICY NUMBER I4M DD EF MM DD POLICY E LIMITS A X COMMERCIAL GENERAL LIABILITY HDO G24557728 J 05/01/16 05/01/17 EACH OCCURRENCE $ 2,000,000 DAAIAGE CLAIMS-MADE Efl S OCCUR PREMISE Ea E;N=T rr rgygl_ $ 1001000 MEDEXP(Any one rson S 10,000 PERSONAL&ADV INJURY S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER., GENERAL AGGREGATE $ 4,000,000 POLICY El �LOC PRODUCTS-COMPIOPAGO S 4,000,000 OTHER: $ B AUTOMOBILE LIABILITY BAP 94833,48-05 05/01/16 05/01/17 CEOMeEDS NINGLEt1h11T $ 11000,000 X ANYAUTO BODILY INJURY(Per parson) $ X ALL OWNED r 1 SCHEDULED BODILY INJURY(Per acddent) S AUTOS AUTOS Nx NON-OWNED PsOradenDAMAGE X S HIREDAUTOSAUTOS X Comp $1,00Coll $1,000 S C X UMBRELLA LIAO N OCCUR XOO 027240665 05/01/16 05/01/17 EACH OCCURRENCE S 1,000,000 EXCESS LIAO CLAIMS-MADE AGGREGATE $ 1,000,000 DED RETENTIONS 10,000 S D WORKERS COMPENSATION WC 3867133-09 05/01/16 05/01/17 X STAT E ET AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETORMARTHERIEXECUTNE � NIA E.L.EACHACClDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? (MandaloryInNH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 It yes,describe urxler DESCRIPTION OF OPERATIONS bebw E.L.DISEASE-POLICY LIMIT $ 1,000,000 E Pollution CPL 12456119 05/01/16 05/01/17 Each Losa/Agg Limitl,000,000 s Architects & Engineers Prof. IPR 1008375-01 05/01/16 05/01/17 Any One Claim/Agg 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,AddiflonaT Remarks Schedule,may be attached if more space is required) Res SE16161152_Lebor Property 2016-2017 Project Start Dates Apr 26, 2016, Project End Date: Dec 31, 2017 City of Kent is an additional insured on the General Liability, Automobile Liability and Pollution Liability policies a required by written contract. Coverage is primary and non-contributory where required by written contract. 30 days notice of cancellation applies per policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Nancy Yoshitake 400 West Gowe AUTHORIZED REPRESENTATIVE Kent, WA 98032 p� s, USA 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Sklein POLICY NUMBER: HDO G24657728 ENDT#!TBD COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s Locations Of Covered Operations Where required by Insured Contract executed prior to a loss All work conducted by AMEC USA Holdings, Inc.except for / work conducted at or from any OCIP,CCIP or Joint Venture 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 II -- Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: J with respect to liability for"bodily Injury", "property This Insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. Your acts or omissions;or 1• All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above, completed;or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the Insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. �111R CG 2010 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1, Required by the contract or agreement; or Page 2 of 2 0 Insurance Services Office, Inc., 2012 CG 2010 0413 POLICY NUMBER: HDO G24557728 ENDT#TRD 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Where required by Insured Contract executed prior to a loss All work conducted by AMEC USA Holdings, Inc. except for work conducted at or from any OCOP,CCIP 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 II —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 Pagel of 2 POLICY NUMBER: BAP 9433148-05 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are"insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: AMEC USA HOLDINGS,INC. Endorsement Effective Date: 05/01/16 SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON—CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. Information required to complete this Schedule if not shown above will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph Al. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. "- 20431013 0 Insurance Services Office, Inc., age of I ENDORSEMENT NO. 17 This endorsement, effective 12:01 AM, May 1, 2016 Forms a part of Policy No: CPL 12456119 Issued to: AMEC USA HOLDINGS, INC. By: AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED I PRIMARY COVERAGE ENDORSEMENT It is hereby agreed that Section Mi. DEFINITIONS, Paragraph K. Insured is amended to include the following entity as an Additional Insured, but only for Loss arising out of Covered Operations performed for the Additional Insured. Additional Insured: 'Where required by written contract, written agreement or permit, executed prior to loss or claim This does not apply to Bodily Injury, Property Damage or Environmental Damage arising out of the sole negligence or willful misconduct of the Additional Insured. As respects the coverage afforded the Additional Insured, this insurance is primary and non-contributory, and our obligations are not affected by any other insurance carried by such Additional Insured whether primary, excess, contingent, or on any other basis. This Endorsement does not increase the Company's Limits of Liability as specified in Item 3. of the Declarations. All other terms, conditions, and exclusions shall remain the same. AU ORIZED REPRESENTATIVE or countersignature (in states where applicable) 119733 (10115) Page 1 of 1 C15942 KENT wwsri.ono.. CONSULTANT SERVICES AGREEMENT between the City of Kent and Amec Foster Wheeler Environment & Infrastructure, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Amec Foster Wheeler Environment & Infrastructure, Inc. organized under the laws of the State of Nevada, located and doing business at 600 University Street, Suite 600, Seattle, WA 98101-4107, Phone: (206) 342-1760/Fax: (206) 342-1761, Contact: Crystal Thimsen (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 provide services to inspect and sample the proposed soil mixing on the Leber Property to obtain arsenic concentrations. 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, 2017. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Eighty Nine Thousand, Two Hundred Dollars ($89,200.00) , 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. 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. CONSULTANT SERVICES AGREEMENT- 1 (Over$20,000) y� "" REQUEST FOR xavolRs slcNdruRe � ll��j�p � a x . uem Ecpvho+ w. caux� x Y,,� nakoW..rvtlVK Y VMwe' • luam� . s r �� ' .. . 9amse ': � 6 e Pe u 5 Fvi Mn° o'P��N�I mk a �' mamo � or R7�m � aovnryL: �ak�s � ryap FulneN ea n e sud .ei . �VCs'. ,; uo � '�� m 9479 - i i. �M a rm eNl ,; °��'.�� an �ie � ,ep�r tbwrr� a.y�ero�a vMvn &sb pre sure mu ull IIIIIIIIIIIIII! enRl� MN+"'m<n� �wvx ��V� °��fRMidea m 5�2� � ��, 7 ly�% i a.�r er >� sren „ oDi � �� � � um r � � i� a °* � �45'„ Wa`rr�'t4 * %�� �. ulllllllliiluu uuuuuu ,. • .4000 KENT KENI Agenda Item: Consent Calendar - 7D n.x...»arow TO: City Council DATE: May 17, 2016 SUBJECT: Consultant Services Agreement with AMEC Foster Wheeler Environment & Infrastructure, Inc. for Soils Testing at Leber Property - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with AMEC Foster Wheeler Environmental & Infrastructure, Inc. in an amount not to exceed $89,200.00 for inspection and soil testing on the Leber property, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Mill Creek Side Channel/Leber Homestead Property construction contract was recently awarded to Scarsella Brothers, Inc. The project site has surface soils with elevated levels of arsenic that must be properly mixed with clean soil, then sampled and tested for compliance with Ecology standards before they leave the site. AMEC Foster Wheeler Environmental & Infrastructure, Inc. have Hazardous Waste Operations and Emergency Response Standard (HAZWOPER) trained staff that are qualified to perform soils verification testing and oversee the mixing of materials to ensure soils leaving the site are within Ecology standards. EXHIBITS: Consultant Services Agreement RECOMMENDED BY: Public Works Committee YEA: Ralph, Fincher, Higgins NAY: BUDGET IMPACTS: The costs associated with this Contract will be reimbursed through King County grants.