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HomeMy WebLinkAboutCAG2020-144 - Amendment - #1 - Phase I Environmental Site Assessment for Signature Pointe Levee - Wagers Property ProjectApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: o Director or Designee o Mayor Date of Council Approval: Budget Account Number: Budget? o Yes o No Grant? o Yes o No Type:Review/Signatures/RoutingDate Received by City Attorney:Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? o Yes o No* *If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? o Yes o No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 AMENDMENT - 1 OF 2 AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Migizi Group, Inc. CONTRACT NAME & PROJECT NUMBER: Signature Pointe Levee - Wagers Property ORIGINAL AGREEMENT DATE: May 12, 2020 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor’s work is modified as follows: 1.Section I of the Agreement, entitled “Description of Work,” is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Perform a Phase II Environmental Site Assessment for the Signature Pointe Levee - Wagers Property Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. 2.The contract amount and time for performance provisions of Section II “Time of Completion,” and Section III, “Compensation,” are modified as follows: Original Contract Sum, including applicable WSST $2,750.00 Net Change by Previous Amendments including applicable WSST $0 Current Contract Amount including all previous amendments $$2,750.00 Current Amendment Sum $13,543.45 Applicable WSST Tax on this Amendment $0 Revised Contract Sum $16,293.45 Original Time for Completion (insert date) 12t3u2020 Revised Time for Completion under prior Amendments (insert date) nla Add'l Days Required (+) for this Amendment 0 calendar days Revised Time for Completion (insert date) t213u2020 The Consultant or Vendor accepts all requirements of this Amendment by signing below, byits signature waives any protest or claim ¡t may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and thÍs Amendment shall be deemed to have applied, The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the Iast date written below. P:\Pub¡¡c\Adm¡n¡stration\Contracts\Contrðcts Prepared (Kath¡)\lvllglz¡ croup Amd 1 coNSULTANT/VENDOR: By (signature) Pfint Namg. Jason Souza I tc CEO (title) DATE: 24June2020 CITY OF KENT: Print Name: Timothy J. LaPorte, P.E I r DATE:>.) ATTEST: Kent City Clerk APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department AMENDMENT-2OF2 MIGTZI GROUP,INC.17921 Bothell-Everett Hwy., Suite 102 PHONE (425) 398-2300Bothell, Washington 98012 FAX (425) 398-2333June12,2020MGI Proposal81360-20Drew Holcomb, Design Engineer IICity of Kent, Public Works Department400 West Gowe, Kenf WA 98032Attention: Mr. Drew HolcombSubject:Proposal for Phase II Environmental Site Assessment6804257' Kenf WAMr. Holcomb:Migizi Group, Inc. (MGI) is pleased to present this fee proposal containing the scope of work andassociated costs for performing a Phase II Environmental Site Assessment (Phase II ESA) at theabove referenced property address in Kent, Washington (Site or Property). MGI understands thatthe City of Kent (Client) is requesting that the Phase II ESA be performed in support of theprospective purchase of the property.BACKGROUNDThe Property is a commercial building encompassing a total of 2,610 square feet within KingCounty tax parcel no.5436200844(87,588 square fee! or approximately two acres).No prior environmental studies were performed at the Site. MGI is currently in the process ofcompleting a Phase I ESA for the property. The currently existing structures include a house,large garage, greenhouse, and horse stable. A heating oil Underground Storage Tank (UST) ventstack was observed on the west side of the house. Due to the potentiality the heating oil UST hasleaked, it represents a high risk of environmental impairment and is considered a REC.Regulatory records associated with nearby properties identified seven nearby sites whichrepresent a low to moderate degree of risk of impairment to the subject Property due to theirhistoric operations as dry-cleaning businesses, which represent a very high risk of environmentalimpairment to real properties on and near which they operate.The Scope of Work for this Phase II ESA has been targeted to evaluate potential current andformer RECs and HRECs on the Property, and would use truck-mounted, direct-push drillingtechniques to evaluate the subsurface soil and groundwater conditions at the Property at aminimum of ten locations.Migizi Group, Inc.Page 1 of 3*&Exhibit A City of Kent6804 S 251't - Phase II ESA ProposalMigizi Group, Inc.JuneL2,202081360-20SCOPE OF WORKThe goal of the Phase tr ESA is to collect soil and groundwater samples at locations wherecontamination aPpears to be most likely based upon site usage. The Scope of Work for thisproposal includes:Task L: Proiect Management. Task 1 includes labor and other direct costs for ongoingcommunication with Client representatives and typical project management duties suchas allocating personnel resources, budgeting and invoicing.Task 2: Soil Borings and Analysis. Task 2 includes advancing borings in seven to eightlocations to a terminal depth of 15 feet. Samples will be selected for analysis based uponlocation relative to the REÇ in-field conditions and observations, and the elevation ofgroundwater. Unless otherwise noted, samples are collected in locations wherecontamination is most likely to be present. At least one soil sample per location will besubmitted. A total of three boring locations will be improved with a temporary screen tofacilitate the collection of groundwater screening samples. Based upon the results of soiland groundwater analyses, re-mobilization may be suggested to complete lateral andvertical characterization of contaminants detected, if any.Analyses will include one or more of the following analyses, depending upon location andin-field conditions:. Hydrocarbons identification by method NWHCID;¡ BTEX (benzene, toluene, ethylbenzene, xylenes) components and chlorinated solvents byEPA 8260c, and;o TPH-Dx or TPH-Gx by Northwest Method NWTPH-Dx (as needed based upon HCID).Based upon initial analyses, we may recommend additional borings and / or analyses beperformed at the site.Task 3: Summary Report. Task 3 includes preparation of a report summarizing theresults of the Subsurface Investigation. Unless otherwise specified, the report will beprepared in a Technical Memorandum, as these will be interim results (the final reportbeing the UST closure report).PHASE II ESA - SCHEDULE AND COSTBased upon the proposed scope of services MGI will perform the requested Phase II ESA for anestimated budget of $L3,543.00. An itemized estimate of the effort and direct costs associatedwith the Phase II ESA are presented in the attached spreadsheet.Work will be performed in accordance with the City's Consultant Service Agreement and our2020 Fee Schedule. Upon receiving authorization to proceed, MGI can complete the Phase II ESAwithin ten business days of completed drilling.aaaPage 2 of 3*6r City of Kent6804525I.l - Phase II ESA ProposalJune12,202081360-20Standard laboratory turn-around is ten business days, which can be adjusted at the time samplesare ílmed in. Accelerated tum-around time costs additional, and MGI will estimate the costsfurther at the time samples are logged for analysis.MGI reserves the righf with prior authorization from you, to adjust the proposed service fees forchanges in the level of effort that may be required to complete the designated tasks. Shouldunanticipated conditions be encountered, MGI will notify you immediately and no further workwould be performed without prior authorization.CLOSUREIf this scoPe of work and budget estimate meets with your approvaf please sign and retum acopy of this proposal or you may issue your standard purchase order as authorization to proceed.MGI appreciates the opportunity to provide these services to you. If you have any questionsconceming this proposaf please feel free to contact the undersigned.Respectfu lly submitte d,Authorized by,MIGIZI GROUP,INC.City of KentJason SouzaCEOÆrincipal ScientistAttachments: 2020 Fee ScheduleMigizi Group, Inc.Signature and DatePrinted Name and TitlePage 3 of 3*ür Migizi Group, lnc.17921 Bothell-Everett Hwy, Suite'102Bothell. WA 98012Office - (425) 398-2300Fax - (425) 398-2333PROJECT NAMEPROJÊCT NUMBERPROJECTTYPEBILLING RATE SCHEDULEC¡ty of Kent81360-20Env¡ronmentalStandard 2020ROLE1RTSSK i WSKshcid, 10 voaUNITSPROPOSEDBUDGEIPROPOSEDUNITS EXPENDEDLABORLABOR AUDGET REMAININGEXPENSE BUDGET REMANINGTOTAL AUDGET REMA¡NINGPROPOSED LAAOR BUDGETPROPOSED EXPENSESTOTAL PROPOSED PROJECTsEtgttEXPENDED LABOREXPENDED ÊXPENSESTOTAL BUDGET EXPENDEDRATEJason Soua Pr¡ncipal Enviro $Principal travel Travel time $Principal field Field t¡me $Sr. Staff / Geologist Sr. Staff / Geotogist $Jr. Staff Sc¡entist Staff Scientist / Geo¡ogist $Technic¡an Technic¡an $Adm¡n / Drafting Adm¡n / Drafi¡ng $PrcjectAss¡stant PrcjectAssistant $SUBIOTALOFFICE OVERHEAD 50/6 OF LABORLABOR IOTALLABOR REMANINGEXPÊNSESM¡leageEqu¡pment and Supp¡¡esLabLo€tePrivate and PublicDrilling ContractorTraffìc ContrclSurueyAspha¡tDrum DisposalCloseout ReportTOTAL EXPENSESEXPÊNSES REMANING¡ncluded abovê180.00155.00125.00115.0080.0085.0085.004,924.98,6t8.95I 3,54:ì.¿*i4,924.508,618.9513,543.45 -122'12n20202,160.00270.OO1,860.00230.00170 004,690.00234.504,924.50s04,924.505441723 8,618.95plan / writetraveldrill€d, labUNITS EXPENDED3 E,618.95drill$0$0$0$0$0$0$0$0s$tNUMBER OFUNITSUNIT/MULTIPLIERPROPOSEDBUDGETRATE/ COST2110100U10Ioo.75250.003,628.00250.002,885.00250.0011I tc1.15L15L151.151.15Ll51.151288000oóót288NAto$o30siiI ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 5/12/2020 License # CA#0658748 (206) 269-0122 (206) 269-0179 26620 Migizi Group, Inc. RAM Geo Services, LLC 17921 Bothell-Everett Hwy., Suite 102 Bothell, WA 98012 24082 A 2,000,000 X EMP19001610-01 9/18/2019 9/18/2020 100,000 WA Stop Gap 10,000 $1M/$1M/$1M 2,000,000 2,000,000 2,000,000 1,000,000B BAS58755210 9/18/2019 9/18/2020 A WA Stop Gap EMP19001610-01 9/18/2019 9/18/2020 $1M/$1M/$1M City of Kent is included as an Additional Insured under General Liability as per written contract and subject to the provisions of the policy. City of Kent 220 Fourth Avenue South Kent, WA 98032 MIGIGRO-01 GANGADARCHANDRA AHT Insurance 600 University Street #1200 Seattle, WA 98101 Axis Surplus Insurance Company Ohio Security Insurance Company X X X X X X CG 20 10 07 04 Policy Number: EMP19001610-01 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 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): Location(s) Of Covered Operations Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an Additional insured. However, this status exists only for the project specified in that contract. 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 include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.