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HomeMy WebLinkAboutPW18-159 - Original - Amec Foster Wheeler Environment & Infrastructure, Inc. - Contract - 04/19/2018 ! ,EwNT 0% Kecords, Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be cornpleted. If you have questions, please contact the City Clerk's Office at 253-856-5725. Blue/Motion Sheet Attached Pink Sheet Attached Vendor Name: Amec Foster Wheeler Environment & Infrastructure, Inc. Vendor Number (]ICE'): Contract Number (City Clerk): Category: C.9-n't-ralct Agr,ee,,m,en,.tl,,,-,..,.-,,-,,., Sub-Category (if applicable): Project Name: --S.-2241 h-St. �Contract Execution Date: Date of t1ie Ma or's signature Termination Date: 12/31/18 Contract Manager: Garrett Inouye Department: PW. Engineering Contract Amount: �25,400.00 Approval Authority: M Director N Mayor El City Council Other Details: Pleff,olrm, and..analysis.. KENT was« «a*a« 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 St., Suite 600, Seattle, WA 98101-4107, 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 Consultant shall perform soil sample collection and analysis on the Hytek wetland property. 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, 2018. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Five Thousand, Four Hundred Dollars ($25,400.00), 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 (Over$20,000) 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 duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation 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 dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) 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) K. Counterparts and Sionatures bar 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: B ILI By� (sf ture) (signature) Print N me-' _L) Print Name: Dana Ralph L/ Its (... 4''1—i I- I I Its Mayor V (tritle) I I cc a DATE: 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 Inc. 220 Fourth Avenue South 600 University St., Suite 600 Kent, WA 98032 Seattle, WA 98101-4107 (253) 856-5500 (telephone) (206) 342-1760 (telephone) (253) 856-6500, (facsimile) (206) 342-1761 facsimile) APPROVED AS TO FORM: NkAent__ Amee Foster WheeFer-Hytek SoU Sample Zjlnouye 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. 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 aZreetoIfill the five requirements referenced above. B A, , For: Title: /'ri tic-, u / Date: ^ !� 02 0 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 March 7, 2018 Mr. Garrett Inouye Sent via e-mail: ainguye ankentwa.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 sample collection and analysis for the City of Kent, Washington (City) on the Hytek wetlands property(the site). The site is located at the west end of South 216th Street in Kent, King County, Washington. PROJECT UNDERSTANDING It is the understanding of Amec Foster Wheeler that the site is being considered for acquisition by the City of Kent and therefore requires evaluation of the current environmental condition. Former investigations conducted at the site included a Phase I and initial Phase II Environmental Site Assessments (ESA) prepared by Amec Foster Wheeler in 2016. The results of the Phase I I ESA showed that cadmium concentrations in shallow soil (from 0-24 inches) exceeded the Model Toxics Control Act (MTCA) Method A cleanup level of 2.0 milligrams per kilogram (mg/kg) in the east-west drainage channel at the end of the South 216th Street outfall. The cadmium concentrations were elevated enough to pose a risk of failing the Toxicity Characteristic Leaching Procedure(TCLP)for cadmium toxicity; however, subsequent TCLP testing of five samples indicated no detections. Arsenic and Total Petroleum Hydrocarbons (TPH) as diesel exceedances over their MTCA cleanup levels of 20 mg/kg and 2,000 mg/kg respectively, also occurred; TPH was limited to the area of the outfall and arsenic to the upper 6 inches in the east-west drainage channel and near the outfall. In September 2017, the Hytek company, a division of Esterline, had their contractor, Stericycle, oversee the excavation of a portion of the main drainage channel and collected confirmation soil samples. A letter from Esterline to the Washington Department of Ecology and the City (October 23, 2017) provides a map and sample results of the confirmation soil samples. The goal of this scope of work is to demonstrate compliance with cadmium, arsenic and TPH soil cleanup levels in the areas beyond those excavated by Stericycle to confirm that cleanup levels have been met in the areas of the site identified as impacted in our previous investigations. A report of the results will be prepared. In the event that all soils sampled comply with the cleanup levels, an application to Ecology's Voluntary Cleanup Program (VCP) will be prepared for the City. If compliance with cleanup levels has not been fully attained, a cost estimate for additional remediation will be prepared. Amec Foster Wheeler Environment&Infrastructure,Inc 600 University Street,Suite 600 Seattle.Washington USA 98101-4107 Tel (206)342-1760 Fax (206)342-1761 www.amecfw.com amec foster Mr. Garrett Inouye wheeler City of Kent Engineering Department March 7, 2018 Page 2 of 4 SCOPE OF SERVICES The proposed work consists of the following elements: • Collect additional soil samples from locations and depths with known impacts from the previous ESAs, and from areas of reported remediation activities by Stericycle to confirm remediation of cadmium, arsenic, and TPH as diesel in shallow soil. • Submit a report detailing the field activities conducted, analytical results, and recommendations for potential further actions. • Depending on results, prepare either a cost estimate for additional remediation or an application to Ecology's VCP. The outlined objectives are divided below into two tasks. A detailed cost breakdown for each task is provided in Table 1 (enclosed). Task 1 —Soil Sample Collection and Analysis To determine whether the soil meets cleanup levels the following is proposed: • East-West Drainage Channel: 20 soil samples will be collected at 10 sample locations spaced approximately 30 feet apart. Samples will be collected from 0-6 inches and 12-24 inches and analyzed for cadmium and arsenic. The two locations farthest east will be analyzed for TPH-Diesel as well. • Diagonal Drainage on South Parcel: 10 soil samples will be collected at 10 locations spaced approximately 50 feet apart. Samples will be collected from the 0-6 inch interval and analyzed for arsenic and cadmium: • Southern Drainage Ditch: 10 soil samples will be collected at 10 locations spaced approximately 30 feet apart. Samples will be collected from 0-6 inches and analyzed for cadmium and arsenic; and • Northern Parcel, north of the East-West Drainage Channel: 32 soil samples will be collected at 16 sample locations spaced approximately 50 feet apart. Samples will be collected from 0-6 inches and 12-24 inches and analyzed for cadmium and arsenic. Four locations nearest the outfall at 21V Street will be analyzed for TPH-Diesel as well at both depth intervals. • Analyze the highest cadmium concentration by TCLP method. This task includes updating an activity-specific health and safety plan. The Utility Notification Center will be notified at least 48 hours before beginning subsurface investigation. 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. The analytical laboratory will analyze all samples for cadmium and arsenic. If there are samples with total cadmium above 2 mg/kg, the highest concentration will be analyzed using the TCLP method. amec foster Mr. Garrett Inouye wheeler City of Kent Engineering Department March 7, 2018 Page 3 of 4 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 include an overlay of the area that Esterline reportedly excavated, and soil sample locations and results from the ESA work and the post-remediation sampling. Depending on the sample results, an updated engineer's cost estimate for remediating the additional impacted areas will be prepared, or a VCP application and a meeting with the Ecology site manager, once assigned. If a VCP application is prepared, all the analytical data would be attached to the application and also uploaded to the state's EIM database. An electronic draft report will be sent to the City for comments, which will then be incorporated into the final report. 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 surveyed and staked by the City. 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 three 10-hour days to complete for two staff geologists or engineers, depending on the weather and site conditions and any access issues. Laboratory analyses will require approximately 1.5 weeks after collection of the soil samples, and final reports will be completed within approximately 2 weeks of receiving final analytical results. 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 $25,400. 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 $25,400 without authorization. amec foster Mr. Garrett Inouye wheeler City of Kent Engineering Department March 7, 2018 Page 4 of 4 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 Goodman, LG, LHg John D. Long, LHg 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 11sea2-fslldepartmentslmarketing\02 proposals12018 proposalslcily of kent--hytek12018_03-07_city of kent hytek soil tesling_sx.dom Enclosure: Table 1 — Budget Estimate—Hytek Property TABLE 1 BUDGET ESTIMATE-HYTEK PROPERTY ADDITIONAL SAMPLING South 216th Street Kent, Washin ton Task 2 Task 1 Report,VCP App or Sam ling Estimate Description Rate Units QuantityCost Quanti LABOR Cost Principal K.Goodman $69.97 Hours 4 $279.88 6 $419.82 Associate Engineer or Geo K. Tah hi hi or J. Lon $57.12 Hours 4 $228.48 12 $685,44 Senior Scientist or Engineer C.Jefferson or C. Thimsen $47.96 Hours 10 $479.60 12 $575.52 Geolo ists K. Black and C. Howland $31.50 Hours 64 $2.016.00 24 $756,00 Drafting/Graphics A.Stenber $41.33 Hours 4 $165.32 8 $330.64 Tech Editor K. McBee $38.77 Hours 0 $0.00 8 $310.16 Administrative(L,May) $25.07 Hours 4 $100.28 4 $100.28 Direct Labor Subtotal $3,270 $3,178 Overhead 1.8 +D.L.*fee 10% $9,351 39,089 Other Direct Costs Car Mileage $0.55 Miles 400 $218 100 $55 Supplies $125 Lum sum 3 $375 $0 GPS $125 Lump sum 3 $375 0 Copying/Communication $0 $98 $95 Subtotal $1,066 $150 Markup 10 % $107 $15 SUBTOTAL $1,173 $165 SUBCONTRACTORS Utili Locator $500 Each 1 S500 Analytical Laboratory Friedman& Bru a Rates TCLP Cadmium $80 Each 1 $80 0 $0 Cd&As onl $50 Each 72 $3,600 0 $0 TPH-DX $75 Each 12 $900 0 $0 Subtotal 1 $5,080 $0 Markup on Subcontractors 1 10 1 $508 $0 SUBTOTAL T I $M5,1180110H $o TASK TOTAL $9 300 PROJECT TOTAL $25 400 Abbreviations: As=arsenic Cd=cadmium TCLP=Toxicity Characeteristic Leaching Procedure TPH-DX=Total Petroleum Hydrocarbons as(Diesel Extended 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 3 days The laboratory cost assumes that samples will be run on standard turn-around time. 201 B_03-08 Table 1 Soil Sampling CostEstimate_Final Amec Foster Wheeler 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. AC�® DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 03/29/2018 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 have ADDITIONAL INSURED provisions or 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 a� certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT tD Aon Risk Services Southwest, Inc. NAME: PHONE (866) 283-7122 FAx 8 Houston Tx office (AIC.No.EXt): FAX No.: ( 00) 363-0105 5555 San Felipe E-MAIL c suite 1500 aooREss: _ HOUstOn TX 77056 USA INSURERIS)AFFORDING COVERAGE NAIC III INSURED INSURER A: Zurich American Ins Co 16535 Amec Foster wheeler Environment & INSURERB: ACE Property & Casualty Insurance Co. 20699 Infrastructure, Inc. INSURER C: AIG Specialty Insurance Company 26883 53 Frontage Road Y P Y Hampton NJ 08827 USA INSURER D: American Zurich Ins Co 40142 INSURERE: ACE American Insurance Company 22667 INSURER F: COVERAGES CERTIFICATE NUMBER:570070634328 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested IN A LTR TYPE OF INSURANCE INSO SUBRI WVD POLICY NUMBER MMIDDIYYYY MMIODIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY HDOG EACH OCCURRENCE S2,000,000 CLAIMS-MADE X�OCCUR DAMAGE To RIFNTE(T- PREMISES Ea occurrence $100,000 MED EXP(Any one person) S10,000 PERSONAL&ADV INJURY S2,0001000 N GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S4,000,000 POLICY X PRO. X LOC to JECT PRODUCTS-COMPIOP AGG $4,000,000 0 0 OTHER: o A AUTOMOBILE LIABILITY BAP 9483148-06 05/01/2017 05/01/2018 COMBINED SINGLE LIMIT 'n Ea accident $1,000,000 x ANYAUTO BODILY INJURY(Per person) 0 OWNED SCHEDULED BODILY INJURY(Per accident) AUTOS ONLY AUTOS HIREDAUTOS NON-OWNED PROPERTY DAMAGE ONLY AUTOS ONLY Peraccident B X UMBRELLA LIABI FXO7CCUR xooG27240665 05/01/2017 OS/01/2018 EACH OCCURRENCE $1,000,000EXCESS LIABMADE AGGREGATE $1,000,000 DED I X RETENTION$10.000 D WORKERS COMPENSATIONAND wc350486616 75 6 17 5 i 2018 X PER OTH- D EMPLOYERT LIASILITY YIN WC386713310 05/01/2017 05/01/2018 STATUTE ER ANY PROPRIETOR I PARTNER I EXECUTIVE E.L.EACH ACCIDENT S11000,000 OFFICERIMEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S1 1 000 1 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S1,000,000 c Env Site/Poll CPL12456119 05/01/2017 05/01/2018 Aggregate Limit S5,000,000 Pollution Each LOSS S5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more apace is required) RE: Project Description: Soil sample collection and analysis on the Hytek wetland property, Estimated Contract Price: S25400, on-going project starting on 27th March, 2018. City of Kent is included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. :a ti- CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE NTH THE ■ POLICY PROVISIONS. _ City Of Kent AUTHORIZED REPRESENTATIVE 220 Fourth Avenue South Kent WA 98032 USA r ` ...Y JL ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000021966 LOC#: Av�® ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services Southwest, Inc. Amec Foster wheeler Environment & POLICY NUMBER See Certificate Number: 570070634328 CARRIER NAIC CODE See Certificate Number: 570070634328 EFFECTIVE DATE. ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY INSR ADDt.SUER EFFECTIVE EXPIRATION LIMnS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER DATE DATE MM/DDlYYYY MM/DD/YYY OTHER D Archit&Eng Prof EOCIO0837502 05/01/2017 05/01/2018 Any one s5,000,000 claim Aggregate S5,000,000 Limit ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: HDO G27851162 001 Endorsement Number: 39 COMMERCIAL GENERAL LIABILITY CG20100413 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 Organization(s) Locations Of Covered Operations Where required by insured contract executed prior to a All work conducted by AMEC USA Holdings, Inc. 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 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 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. All work, including materials, parts or 1. Your acts or omissions; 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 1. The insurance afforded to such additional injury or damage arises has been put to itsintended 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 04 13 ©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 ©Insurance Services Office, Inc., 2012 CG 2010 0413 POLICY NUMBER: HDO G27851162 001 Endorsement Number: 68 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 PROD UCTS/COMPLIFTED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization(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 2. If coverage provided to the additional insured whichever is less. 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 0 Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: HDO G27851162 001 Endorsement Number: 92 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 POLICY NUMBER: HDO G27851162 001 Endorsement Number: 38 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 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 This insurance is primary to and will not seek additional insured. 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 CG 20 01 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 CANCELLATION — NOTICE TO ADDITIONAL INTERESTS Named Insured Endorsement Number AMEC USA Holdings, Inc. g Policy Symbol Policy Number Policy Period Effective Date of Endorsement H DO G27851162 001 05/01/2017 to 05/01/2018 05/01/2017 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following: Commercial General Liability Coverage Form Excess Commercial General Liability Policy In the event that we cancel the policy, we agree to mail to the additional interests set forth in the Schedule below 30 days advance notice if the cancellation is for nonpayment of premium and 30 days advance notice if the cancellation is for a legally permissible reason other than nonpayment of premium. Schedule:As per on file with broker. Name: Address: Name.- Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Authorized Agent LD-20282 (06/06) Page 1 of 1 POLICY NUMBER: BAP 9483148-06 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 FOSTER WHEELER Endorsement Effective Date: 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 A.I. 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 48 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 / f / / t I / / F 1 1 y / 1 f / i I / / 11 l r >1 , 1 i / f / I / f > I i � r i i / i t /I I /1 / 1 1, i e 1, i 1 r i l r r, r / 1 � � i l r i r i l � / I J f l I J l l � i i / 131 / l i / r r / i / i i i N i / i / I ,f � 1 J o t / f 1 i > r 1 1 I i i / / / I � i / / 1 / i / r 1 r/ 1 , � r i 1 � , l 1 � � i i r r i i i r � r / r / 1 / t / 1Oman-... / i it r i 1 1 of c 1 � � 1 t r t � f i I 1 a I 1 � � 1 I 1 1 � ,e l , r r / t � � I r � 4 I � i n I 1 / I 1 I / I 1 1 f I � i 1 I / i l � r / r 1 i r l 1 1 f f / / i i l � f /