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HomeMy WebLinkAboutPW16-431 - Original - AMEC Foster Wheeler - Contract - 12/12/16 i KEN �, ecor s a ge O Document WA3MINGTOX f4. � ✓U 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 Vendor Number: JD Edwards Number y Contract Number: This is assigned by City Clerk's Office Project Name: S 224'h Street Project Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 12/12/16 Termination Date: 12/31/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: G. Inouye Department: Public Works Contract Amount: $19 800 00 j Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Perform soil sampling activities on the Hytek wetlands property. _. As of: 08/27/14 KENT 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, PHONE: (206) 342-1760, CONTACT: Kathleen Goodman (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Contractor shall perform soil sampling activities on the Hytek wetlands property. For a description, see the Contractor'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 Nineteen Thousand Eight Hundred Dollars ($19,800.00), 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. 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: CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) i-- 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. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) 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 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 CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) 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. I 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. i CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) K. 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. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY/OF KENT: S By: u By: �ea� J• e i (signature) ( gnature) Print a e; od Print Name: Timothy ]. LaPorte, P.E. Its: Its: Public Works Director (title) DATE. O / (o DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Kathleen Goodman Timothy J. LaPorte, P.E. Amec Foster Wheeler Environment & Infrastructure City of Kent 600 University Street, 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 [In this field,you may enter the electmnlc fllepath where the mntrad has been saved] i CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: �Lt�l Q �LIGi�a� For: �M �� ran �o C0A Title: Date: U / EEO COMPLIANCE DOCUMENTS - 1 I 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. I 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: i EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A amec foster wheeler November 14, 2016 Mr. Garrett Inouye Sent via a mail ainouveCa�keniwa aov Engineering Department City of Kent 220 Fourth Avenue South Kent, Washington 98032 Subject: Proposal for Additional Soil Sample Collection and Analysis Hytek Site Kent,Washington Dear Mr. Inouye: At your request,Amec Foster Wheeler Environment& Infrastructure, Inc,(Amec Foster Wheeler), has prepared this scope of work and cost estimate to perform additional soil sampling activities for the City of Kent(City) on the Hytek wetlands property(the site). The site is located at the west end of South 216th Street in Kent(enclosed Figure 1), located in King County, Washington. This proposal supersedes the proposal dated July 22nd, 2016 for additional sampling. PROJECT UNDERSTANDING The Hytek wetlands property is being considered for acquisition by the City of Kent. In support of the City's due diligence efforts prior to acquisition, the City requested Amec Foster Wheeler conduct a Phase II at the property to determine the current condition of the wetland oil spill location on the east-central portion of the site. The results of the initial Phase II showed that while TPH-Diesel contamination was restricted to the area of the outfall and a drainage channel, cadmium concentrations in the channel and outfall sediment were not only higher than MTCA Method A cleanup levels,they were high enough to pose a risk of failing the Toxicity Characteristic Leaching Procedure(TCLP)for cadmium toxicity. In addition, the vertical nature and extent of cadmium is not known.While the horizontal extent of contamination was not defined, none of the upland soil composite samples contained cadmium, so it is likely that the cadmium is restricted to the main drainage channel or creek and areas that may backup during heavy rain events. SCOPE OF SERVICES The proposed work consists of the following elements: • Collect the soil samples from selected sample locations as shown on Figure C-1. • Submit a report detailing the field activities conducted and the soil sampling results. The outlined objectives are divided below into two tasks and a detailed cost breakdown for each task is provided in Table 1 (enclosed). Amec Foster Wheeler Environment&Infrastructure,Inc. 600 University Street,Suite 600 Seattle,WashiNton USA 98101-4107 Tat (206)S42.1760 Fax (206)342-1761 www.amecfw.com s amec foster Mr. Garrett Inouye Wheeler City of Kent Engineering Department November 14, 2016 Page 2 of 4 Task 1 —Planning and Field Activities This task includes updating an activity-specific health and safety plan.The Utility Notification Center will be notified at least 46 hours before beginning subsurface investigation. Two scenarios are considered: 1.)when cadmium In the soils of the wetland drainage or creek j exceeds MTCA Method A cleanup levels of 2 milligrams per kilogram (mg/kg), but Is below 1 milligram per liter(mg/L) as analyzed by TCLP, and 2,)when the total cadmium in the soil is at concentrations above 2 mg/kg and above 1 mg/L as analyzed by TCLP. Soils that yield results above the MTCA cleanup level but below the TCLP concentration of 1.0 mg/L can be disposed of at a Subtitle D landfill. However, soils that yield TCLP concentrations above 1.0 mg/L are considered dangerous waste under Washington state regulations and must be disposed of at a Subtitle C facility, if disposal is necessary.A total cadmium concentration of 20 mg/kg is the rough benchmark that warrants analysis by TCLP. The difference in disposal costs between these two options is significant. In addition, the samples we collected from the wetland In May 2016 were only from 0 to 6 inches in depth, and the lower depth limit of cadmium was not defined. Therefore, in order to determine: • If the soil containing cadmium at concentrations greater than 20 mg/kg is hazardous or non-hazardous, TCLP analysis will need to be performed on new samples to be collected from three previous sample locations; • The nature and extent of cadmium-affected soils in the drainage or creeks, additional sampling is needed to refine the uncertainty in the engineering cost estimates. The sampling will include two samples within the diagonal drainage and four samples within the southern drainage channel as shown on Figure 2; and • If the soil samples do fail the TCLP analysis, then the soil has to be disposed at a hazardous waste landfill after additional stabilization. Depending on the concentration of cadmium encountered at the new sample locatons, additional TCLP analyses may have to be performed. We have allowed for three additional TCLP analyses for this reason.A representative sample of this soil would need to be characterized to determine how much of the stabilization material Is needed. Soil samples will be collected following the proposed sampling approach presented In Figure C-1. The preliminary cost estimate provided in Table 1 is based on the following scope of work; In order to determine whether the soil is non-hazardous or hazardous, and to determine the extent and depth of cadmium-affected soil along the drainage, we recommend the following: • Perform a TCLP extraction for cadmium on soil samples from six of the highest total cadmium sample results that are above 10 mg/kg; • Submit soil samples from two sample locations for RCRA 6 metals (for waste profiling); • Locate five additional soil sample locations along the small creek including areas on the southern parcel where stormwater could have backed up a branch of the creek coming in from the southern parcel; i am foster Mr. Garrett Inouye wheeler City of Kent Engineering Department November 14, 2016 Page 3 of 4 Soil samples at these five locations will be collected from 0 to 6 inches and from 1 to 2 feet and analyzed for cadmium and arsenic; Y In addition, a 3-gallon bucket of soil from the area of the outfall will be collected to potentially analyze at Chemical Waste Management for stabilization testing if some of the soil fails the TCLP threshold of 1 mg/L; and Locate six additional sample locations along the southern reach of the ditch and in the southern drainage channel. Analyze only the first tier sample (0-6 inches) at the two samples on the Hytek ditch and the eastern most sample in the southern channel. Discuss the findings with City personnel and decide whether to analyze any other samples. These samples and analyses will allow for more certain calculation of the nature and extent of cadmium-affected soils and whether these samples would be hazardous waste based on cadmium toxicity. In addition we are making the following assumptions based on our experience in the field last May 2016: • A small flag or stake marked with the sample number will be placed at each sample location to more easily locate the sampling locations in the event of a meaningful analytical result. • Two field staff will be required to assist in transporting coolers, keeping field notes, and marking locations; it is assumed that a minimum of 15 samples will be collected but only and it will take one field day to complete the work. Soil samples will be transported to the analytical laboratory within 2 days of sample collection. The analytical laboratory will analyze all samples for cadmium and arsenic, with six selected samples analyzed for the expanded list of RCRA 8 metals by EPA Method 6010C.S2mples with total cadmium above 20 mg/kg will be analyzed using the TCLP method. Other metals results will compared to the dangerous waste regulations, and if the total concentrations indicate a potential for TCLP failure, a TCLP analysis for additional metals will be discussed with the City. Task 2 — Reporting Amec Foster Wheeler will prepare a report documenting the collection of the soil samples, including locations of the samples, analytical results, and comparison of results to applicable cleanup levels presented by the Washington State Department of Ecology. The report will also include an updated engineer's cost estimate for remediating the area around the December 2015 oil spill and the cleanup and restoration of the wetland drainage channel or creek. An electronic draft report will be sent to the City for comments, which will then be incorporated into the final report. i amec AV foster Mr. Garrett Inouye wheeler City of Kent Engineering Department November 14, 2016 Page 4 of 4 CITY OF KENT RESPONSIBILITIES For the purposes of this proposal, scope of work, and budget, we assume that access to all sites will be arranged by the City. Also, because some of the sample locations will be located in areas covered by dense brush and blackberry thickets, the City will obtain permission, as necessary, for Amec Foster Wheeler to manually remove vegetation to access the sample locations. It is also our understanding that the City will verify that the southern drainage channel is either visually discernable, and if not, it will be marked by survey staked by the City for our staff. SCHEDULE Amec Foster Wheeler will initiate the work when the City provides Amec Foster Wheeler the notice to proceed. Amec Foster Wheeler will schedule the work this week. The field work should take approximately 1.5 days to complete, depending on the weather and site conditions and any access issues. Laboratory analyses will require approximately 2 weeks after collection of the soil samples, and final reports will be completed within approximately 2 weeks of receiving final analytical results. However, since the analytical testing will be iteratively stepped based on the findings, the final report could be issued later, depending on the number of iterations. The schedule will be expedited wherever possible, except for the laboratory, which will charge extra for rapid turnaround. COST ESTIMATE Based on the scope of services described above, we estimate costs to conduct the sampling and analyses and prepare the final report is approximately$19,800. A detailed cost breakdown is provided in Table 1. The City will be billed on a time and materials basis per previously approved rates, for actual costs incurred based on the number of samples collected, not to exceed a total charge of $19,300 without authorization. We appreciate the opportunity to provide the City with this proposal. Please let us know if you have any questions or if you would like additional information. Sincerely yours, Amec Foster Wheeler Environment & Infrastructure, Inc. Kathleen Goo an, LG, LHg John D. Long, L Principal Hydrogeologist Associate Geologist Direct Tel.: (206)342-1780 Direct Tel.: (206) 342-1779 E-mail: kathleen.goodman@amecfw.com E-mail: john.long@amecfw.com KT:Ipm r:10001 proposals120Mery of kent100712016_11-14_city of kent 216 st soil testing_sx.doox I I Enclosures: Table 1 — Budget Estimate— Hytek Property Figure 1 — Site Area Figure 2— Proposed Sample Locations TABLE 1 amec BUDGET ESTIMATE-HYTEK PROPERTY ADDITIONAL SAMPLING foster South 216th Street wheeler, Kent,Washington Task 2-Final Task 1 -Sampling Report Preparation Description Rate Units Quantity I cost Quantity Cost Fincipal(K.Goodman) $183 Hours 4 $732 4 $732 Associate Engineer(K.Tah highi or John Lon $161 Hours 8 $1,288 14 $2,254 Senior Scientist(C.Thimsan $130 Hours 10 $1,299 10 $1,299 Technical Professional 1 (C.Jefferson and K. Korbines 10800 Hours 40 $3,600 24 $2,160 Draftin /Gra hits A.Stenber 5 Hours 2 $190 6 $570 Tech Editor(M.Withers Hours 0 $0 6 $600 Administrative(L. May) Hours 4 $272 4 $272 Direct Labor Subtotal $7,381 $7,887 Other Direct Costs Car Mileage $0.55 Miles 200 $109 - 0 $0 Supplies(including DOT Bucket $100 Lump sum 3 $300 1 $100 Shipping of Sediment for Stabilization $100 Lump sum 2 $200 0 $200 Copying/Communication $221 $237 Subtotal $830 $537 Markup 10 % $83 $54 SUBTOTAL $913 $590 SUBCONTRACTORS Analytical Laboratory Friedman&Bru a Rates RCRA 8 Metals-Soil EPA 6010C $140 Each 6 $840 0 $0 Cd&As only $40 Each 35 1 $1,400 0 $0 TCLP-Cd Only $75 Each 6 $450 0 $0 Subtotal $2,690 $0 Markup on Subcontractors 10 % $269 $0 SUBTOTAL $2,959 $0 TASK TOTAL $11,300 $8,500 PROJECT TOTAL $19,800 Abbreviations: As=arsenic Cd=cadmium DOT=Washington State Department of Transportation EPA=United States Environmental Protection Agency TCLP=Toxicity Characeteristic Leaching Procedure I Assumptions: A site-specific health and safety plan will be completed and is budgeted in Task 1. Field work will be conducted by two Amec Foster Wheeler field staff in approx.one 10-hour day. The laboratory cost assumes that samples will be run on standard turn-around time. Amec Foster Wheeler R:10001 ProposalsV016\City of Kenll007@016_11-14_Table 1 Addl Soil Sampling CostEstimate_Sx Page 1 of 1 j t � ,South 212th,Street ,,� ��tIn,g�� 01 UNIVAR ' - Y.. L-I Lu� Y r- � Mn � + -' t�� South 216thjStreet „*•�� Q 4 � �1 3`* ,may"* -'�+; _c !n sY.W �. W ZP— CID -paa m U) I Tl r FiOLMAN YV DIST CEN I ER' N " . ��q a�"' Y q. , L! ! � p� �a} ��'i� 'l .+r a •��. � J b Y 1 a�4 4~ ij- .S rrr k� + .,� 0 250 500 Feet DATE HYTEK SITE INVESTIGATION MAY 2016 s City of Kent , WORK PLAN SCALE Amec Foster Wheeler amec PROJECT NO. Environment & Infrastructure, Inc. foster SE,6i6"° SITE AREA CURE 3 600 University Street,Suite 600 wheeler 1 Seattle,Washington 98101 a 51161>ONn!1'f¢papAiESP_guel_09J:I6nWaNnCe°2erp-5!IR016-1.4]:13FN. i i dwj UNIVAR #v r E .q[¢$ a i� - '*�tY :,G 2,$ „,.y-�.ww,��i�•# JM�::P•� II K I` d S t t Y gg(( pTT F,n gar 130W d' LOCATION OF SPILL ¢ 3 RESIDUAL SHEEN OBSERVED s OUTFACES sr I v � r p oesERVED EXPLANATION PARCEL LINES KEY ' ' "' >� PROPERTY BOUNDARY I PROPOSED SAMPLES 0 u STORM DRAIN LINE AND FROM D TO 6 INCHES AND 1 TO 2 FEET IN ^�^ ,:;, FLOW DIRECTION DEPTH TO BE t i1° X `t :� —... ANALYZED FOR RCRAB .�_, `,• ® ''" — DRAINAGE DITCH METALS � � '�` � '� pg0 � � HISTORICAL SAMPLES TO BE ;; r - GROUNDWATER WELL �: ANALYZED FOR i '" ° ' TCLP-CADMIUM SOUTHERN `` - L DISCRETE - ¢ SOIL SAMPLE LOCATION ADDITIONAL SAMPLE TO CHANNEL �'a6 BE COLLECTED AND r s' � -�s - SPILL DISCRETE ANALYZED FOR RCRAB 0 -! �t�r<7i.. .a'S '�""''" L �� METALS ?+ r r= r-'j`® ® - SOIL SAMPLE LOCATION . tJ' - �i STEP-OUT SPILL DISCRETE EXISTING SAMPLE ;, . e s 0 SOIL SAMPLE LOCATION ON-HOLD TO BE ANALYZED FOR RCRA 6 COMPOSITE SAMPLE " METALS '` LOCATION '{ Y •-: � + q�3i,, NOTE: STORM DRAIN FLOW DIRECTIONS BASED APPROXIMATE SCALE IN FEET 1F'` ^*""+ '� ON CITY OF KENT STORMWATER MAP. t Esc CLIENT PROJECT DATE City of Kent HYTEK ADDITIONAL SCALE NOVEMaER 20,6 SITE INVESTIGATION AS SHON7d w Amec Foster Wheeler amec TITLE PROJECT NO. g Environment & Infrastructure, Inc. 11c05tef— PROPOSED SE1616170 600 University Street,Suite 600 wheeler SAMPLE LOCATIONS FIGURE Seattle,Washington 98101 2 ..a6vo Ne nO1.11�1I_1I¢1mp III"eag-ip:e]MClfvnm4oprsee.vw.ly z016 sn spn Wamsl¢nmy EXHIBIT S 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. I 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. it li I ® CERTIFICATE OF LIABILITY INSURANCE 12/09/20166 a`. o a 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(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-908-566-1010 CO TNAME:ACT Construction Risk Partners, LLC PHONE FAX Earl- I AC Nc: E-MAIL Campus View Plaza ADDRESS, 1250 Route 28, Suite 201 INSURERS AFFORDING COVERAGE NAIC4 Branchburg, NJ 08876 INSURER A: ACE AMBR INS CO 22667 INSURED INSURER B: ZURICH AMER INS CO 16535 Amec Foster Wheeler Environment & Infrastructure, Inc. INSURERC: AMERICAN ZURICH INS CO 40142 600 University St., Suite 600 INSURER D: INSURER E: Seattle, WA 98101 INSURER F: COVERAGES CERTIFICATE NUMBER:48604347 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. INSR rypE OF AODI-SUBR POLICY EFF POLICY EXP LIMITS LTR SO LI POCY NUMBER MMIDDIYYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY HDO G24557728 05/01/16 05/01/17 EACHOCCURRENCE $ 2,000,000 DAMAGE TO RENTED I CLAIMS-MADE 111 OCCUR PREMISES JEa occu e $ 100,000 MED EXP(Anycna person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY PRO-JECT X❑LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ B AUTOMOBILE LIABILITY BAP 94833.48-05 05/01/16 05/01/17 COMBINED SINGLE LIMIT $ 11000,000 Es accident X ANYAUTO BODILY INJURY(Per Person) $ X ALLOWNEO SCHEDULED BODILY INJURY(Peraccident) $ AUTOS AUTOS X Hx NON-OWNED PROPERTY DAMAGE $ HIREDAUTOSAUTOS X Comp $1,00Coll $1,000 $ UMSRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED RETENTION S $ C WORKERS COMPENSATION WC 3504866-15 05/01/16 05/01/17 X PER ORH AND EMPLOYERS'LIABILITY C ANY PROPRIETOR/PARTNER/EXECUTIVE N NIA WC 3867133-09 OS/OS/16 OS/Ol/17 E.L.EACHACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDE07 (Mandatory in NH) F.L.DISEASE.EA EMPLOYE $ 1,000,000 It yes,descrlhe under DESCRIPTION OF OPERATIONS hol. E.L,DISEASE-POLICY LIMIT I$ 11000,000 S Architects & Engineers Prof. IPR 1008375-01 05/01/16 OS/Ol/17 Any One Claim/Agg 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Re: Additional soil Sample collection and analysis, west and of South 216th Street, Kent, King County, WA Project Start Date: Doc 8, 2016, Project End Date: Jun 30, 2017 City of Kent is an additional insured on the General Liability and Automobile Liability policies as 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 OFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Andrew Dacuag 220 Fourth Avenue S AUTHORIZED REPRESENTATIVE 7 Kent, WA 98032 USA tw�.Y-�-� 1\' FFAa@ ..r.N aN� "**•^'ll ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Sklein 48604347 i POLICY NUMBER: HDO G24557728 001 Endorsement Number: 36 COMMERCIAL GENERAL LIABILITY CG 20 10 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 l Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Where required by Insured Contract executed prior to a All work conducted by AMEC USA Holdings, Inc. except loss 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: with respect to liabllity 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 insureds) 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. CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 II 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 i Page 2 of 2 © Insurance Services Office, Inc.,2012 CG 20 10 0413 POLICY NUMBER: HDO G24557728 001 Endorsement Number: 54 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 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 All parties where required by Insured Contract All work conducted by AMEC USA Holdings, Inc. executed prior to a loss except for work conducted at or from any OCIP, 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 will not be broader than that which you are include as an additional insured the person(s) or required by the contract or agreement to provide organization(s) shown in the Schedule, but only for such additional Insured. with respect to liability for "bodily injury" or B. With respect to the insurance afforded to these "property damage"caused, in whole or in part, by additional insureds, the following is added to "your work" at the location designated and Section III—Limits Of Insurance: described in the Schedule of this endorsement If coverage provided to the additional insured is performed for that additional insured and required by a contract or agreement, the most we included in the "products-completed operations will pay on behalf of the additional insured is the hazard". amount of insurance: However: 1. Required by the contract or agreement; or 1. The insurance afforded to such additional 2, Available under the applicable Limits of insured only applies to the extent permitted Insurance shown In the Declarations; by law; and whichever is less. 2. If coverage provided to the additional insured is required by a contract or agreement, the This endorsement shall not increase the applicable insurance afforded to such additional insured Limits of Insurance shown in the Declarations. CG 20 37 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: HDO G24557728 001 Endorsement Number: 35 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance;and j CG 20 01 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: BAP 9483148-05 COMMERCIAL AUTO CA20481013 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 A➢DITIONAL 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 A.1. 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. CA 20 4810 13 0 Insurance Services Office, Inc., 2011 Pagel of 1