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HomeMy WebLinkAboutCAG2021-251 - Original - Migizi Group, Inc. - Mendel Property Phase 1 Environmental Site Assessment - 05/25/2021ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Mayor Date of Council Approval: Grant? Yes 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? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes 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. Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 20210218 FOR CITY OF KENT OFFICIAL USE ONLY (Optional) * Memo to Mayor must be attached N/A N/A 4 N/A 4 Other P21012 Contract 05/18/2021 Migizi Group Inc. Original2288166 Parks, Recreation & Community ServicesLynn Osborn for Bryan Higgins $2,750.00 08/31/2021 4 Earliest possible please N/A May 2021 4 4 4 25/05/2021 CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) CONSULTANT SERVICES AGREEMENT between the City of Kent and Migizi Group, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Migizi Group, Inc. organized under the laws of the State of Washington, located and doing business at 17921 Bothell-Everett Hwy., Suite 102, Bothell, WA 98012 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: As described in attached Exhibit A, incorporated herein, consultant shall conduct a Phase I Environmental Site Assessment of the Mendel property located at 10028 SE 267th Street and provide a Phase I ESA report for the property. The 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. The Consultant shall complete the work described in Section I by 08/31/2021. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $2,750.00, 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 B. B. The Consultant shall submit a single payment invoice 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. C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If the Consultant voluntarily participates in this Program, the Consultant will be solely responsible CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The 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 the 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 the 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 the 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 the Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. VII. 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. The 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. VIII. INDEMNIFICATION. The 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 the 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 the Consultant’s liability accruing from that obligation 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 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 the 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 the 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. IX. 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. X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. XI. 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 CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The 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 the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the 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. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The 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 the Consultant's own risk, and the 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. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. 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 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 VIII 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 the Consultant. CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) 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 the 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. 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 CONSULTANT SERVICES AGREEMENT - 6 ($20,000 or Less) to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: Print Name: Its: DATE: CITY OF KENT: By: Print Name: Terry Jungman Its: Parks Planing & Dev. Manager DATE: NOTICES TO BE SENT TO: CONSULTANT: Jason Souza Migizi Group 17921 Bothell-Everett Hwy, Ste 102 Bothell, WA 98012 509-939-1091 (telephone) jsouza@migizigroup.com NOTICES TO BE SENT TO: CITY OF KENT: Bryan Higgins City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5113 (telephone) bhiggins@kentwa.gov ATTEST: Kent City Clerk P:\Planning\Acquisitions\Upper Mill Creek-Ransom, Mendel\Mendel\Migizi-Phase I Enviro Assessmt-CONTRACT Terry Jungman (May 24, 2021 15:07 PDT) Terry Jungman May 24, 2021 CEO / Principal Scientist Jason Souza May 25, 2021 EEO COMPLIANCE DOCUMENTS - 1 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: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ CEO / Principal Scientist Migizi Group, Inc. May 25, 2021 EEO COMPLIANCE DOCUMENTS - 2 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 - 3 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: ________________________________________ Page 1 of 4 MIGIZI GROUP, INC. 17921 Bothell-Everett Hwy., Suite 102 PHONE (425) 398-2300 Bothell, Washington 98012 FAX (425) 398-2333 May 6, 2021 MGI Proposal B1724-21 City of Kent Park Planning and Development 220 Fourth Avenue South, Kent, WA 98032 Attention: Mr. Bryan Higgins, Parks Capital Project Manager Subject: Phase I Environmental Site Assessment - Proposal for Services 10028 SE 267th Street, Kent, WA Dear Mr. Higgins, Migizi Group, Inc. (MGI) is pleased to present this fee proposal containing the scope of work and associated costs for performing a Phase I Environmental Site Assessment (Phase I ESA) at the above referenced property address in Kent, Washington (Site, subject property). MGI understands that the City of Kent (Client) is requesting the Phase I ESA be performed in support of the purchase of the property for addition to Mill Creek Canyon Park. We understand that the study involves one tax parcel and no limitations on site-access. PHASE I SCOPE OF SERVICES The proposed Phase I survey will be performed in general accordance with the American Society for Testing and Materials (ASTM) Standard E 1527-13, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. Specifically, the proposed scope of services to be provided by MGI will comprise the following elements: •A site reconnaissance for assessing existing conditions and evaluating indications of environmental concerns on the Site. •A reconnaissance of the area immediately surrounding the Site to evaluate land use and examine the potential for environmental concerns to the subject property. The off-site reconnaissance would, for the most part, be non-intrusive in nature; that is, the adjacent properties would be observed from the subject site or other public vantage points. If potential environmental concerns are identified on adjacent properties, a more detailed assessment may be required. •As defined in Section 8.2.1 of the ASTM 1527-13 Standard Practice for Environment Site Assessments: Phase I Environmental Site Assessment Process, a review of the following Federal and Washington State Department of Ecology (Ecology) regulatory agency databases to EXHIBIT A Phase I Environmental Site Assessment - Proposal for Services May 6, 2021 10028 SE 267th Street, Kent, WA B1724-21 Migizi Group, Inc. Page 2 of 4 evaluate reported environmental concerns at the subject property and in the vicinity of the subject site: 1) Federal National Priority List (NPL) site list (1-mile radius) 2) Federal Delisted NPL site list (0.5-mile radius) 3) Federal Comprehensive Environmental Resource Conservation and Liability Information System (CERCLIS) database (0.5-mile radius) 4) Federal CERCLIS No Further Remedial Action Plan (NFRAP) site list database (0.5- mile radius) 5) Federal Resource Conservation Recovery Act (RCRA) Corrective Action Sites (CORRACTS) facilities database (1-mile radius) 6) Federal RCRA non-CORRACTS Treatment, Storage and Disposal (TSD) facilities database (1-mile radius) 7) Federal RCRA generators list (subject property and adjoining properties) 8) Federal institutional control/engineering control registries (subject property only) 9) Federal Emergency Response Notification System (ERNS) list (subject property only) 10) Ecology and tribal lists of hazardous waste sites identified for investigation or remediation: - Ecology and tribal equivalent NPL (1-mile radius) - Ecology and tribal equivalent CERCLIS (0.5-mile radius) 11) Ecology tribal landfill and/or solid waste disposal site lists (0.5-mile radius) 12) Ecology and tribal leaking storage tank list (0.5-mile radius) 13) Ecology and tribal registered storage tank list (subject property and adjoining properties) 14) Ecology and tribal institutional control/engineering control registries (subject property only) 15) Ecology and tribal voluntary cleanup sites (VCP) sites (0.5-mile radius) 16) Ecology and tribal Brownfield sites (0.5-mile radius) • A review of historical data such as available business directories and aerial photographs to evaluate past and present land use at the subject property and immediate vicinity. Industrial and commercial-related activities, and/or conditions which could possibly compromise the environmental integrity of the Site would be evaluated and documented. • Procurement and review of an environmental lien and Activity Use Limitation (AUL) re port for the subject property. • A review of available local geologic and topographic maps and information concerning public and private drinking water sources and water wells in the project vicinity. • Interviews and file reviews at City and/or County departments, such as planning and building departments, as well as private sources, in an effort to assess reported uses of the parcels and surrounding properties. EXHIBIT A (Continued) Phase I Environmental Site Assessment - Proposal for Services May 6, 2021 10028 SE 267th Street, Kent, WA B1724-21 Migizi Group, Inc. Page 3 of 4 • An interview with present and/or past owners, operators or occupants of the subject property to obtain information that may help identify the likelihood of recognized environment conditions in connection with the subject property. • User provided information: The ASTM 1527-13 requires that the User complete a questionnaire provided by MGI. The questionnaire will address User knowledge of Environmental Liens, the purchase price of the subject property vs. fair market value, specialized knowledge or commonly known information about the Site and the obviousness of contamination. The Phase I survey will not include an evaluation of ASTM non -scope items such as radon, lead in drinking water, wetlands issues or regulated/hazardous building materials (e.g., asbestos). In addition, this Phase I survey will not include review or procurement of chain-of-title information. The Phase I ESA provides only a qualitative evaluation of the potential for contamination at the Site from a regulatory database search. Procurement and/or evaluation of regulatory files, if warranted, would be billed in excess to this proposal. Should you require physical documentation regarding the presence or absence of soil, groundwater, surface water or soil vapor contamination, commonly referred to as a Phase II ESA, sample collection and testing would be billed in excess of this proposal. MGI can provide a scope of work and budget to perform a more detailed “Phase II ESA” for the Site, if necessary. Conclusions and recommendations from the Phase I ESA may be used as the basis for the scope of work for a Phase II study. PHASE I ESA - REPORT PREPARATION Upon completion of the above-described scope of work, MGI will prepare a Phase I ESA report for the subject property. The report will include the following specific items: • Description of the project site and vicinity; • Summary of local soils, geology, and hydrogeology; • Summary of reports provided by governmental agencies concerning hazardous materials handling, activities and incidents; • MGI’s opinion of the possibility that soil, soil vapor and groundwater contamination of the site may exist due to previous or current on- or off-site land use activities; and, • Recommendations for further study, if warranted. EXHIBIT A (Continued) Phase I Environmental Site Assessment - Proposal for Services May 6, 2021 10028 SE 267th Street, Kent, WA B1724-21 Migizi Group, Inc. Page 4 of 4 PHASE I ESA - SCHEDULE AND COST Based upon the proposed scope of services MGI will perform the requested Phase I ESA for a lump sum fee of $2,750.00. Work will be performed in accordance with our current Professional Services Terms and Conditions and Schedule of Charges, copies of which are attached. Upon receiving authorization to proceed, MGI can complete the Phase I ESA, including the written report within 10 business days from authorization. MGI reserves the right, with prior authorization from you, to adjust the proposed service fees for changes in the level of effort that may be required to complete the designated tasks. Should unanticipated conditions be encountered, MGI will notify you immediately and no further work would be performed without prior authorization. CLOSURE MGI appreciates the opportunity to submit this proposal, and we look forward to serving your environmental needs. MGI is prepared to commence services on your behalf upon your express authorization. For your convenience, we have submitted one copy of this proposal letter. MGI’s services can be authorized by having an appropriate representative sign and return one copy for our files. Please be aware that the authorizing organization assumes ultimate responsibility for payment of services. If you have any questions regarding this proposal, please do not hesitate to call. Respectfully submitted, Authorized by, MIGIZI GROUP, INC. City of Kent ________________________________ ________________________________ Jason Souza Signature and Date CEO / Principal Scientist ________________________________ Printed Name and Title Attachments: Schedule of Charges Professional Services Terms and Conditions EXHIBIT A (Continued) Page 1 of 1 MIGIZI GROUP, INC. 17921 Bothell-Everett Hwy., Suite 102 PHONE (425) 398-2300 Bothell, Washington 98012 FAX (425) 398-2333 Schedule of Charges Prepared for: City of Kent Phase I ESA CHARGES Charges for services provided by Migizi Group, Inc. (MGI) are determined by the hourly rates listed below. Unless other arrangements have been made, charges for all work will be based on MGI’s Professional Services Terms and Conditions and conducted in accordance with the Proposal for Professional Services. Standard Rates Principal CIH $180.00 / Hour Senior Principal Engineer / Scientist $160.00 / Hour Principal Engineer / Senior Associate $155.00 / Hour Associate / Project Manager $140.00 / Hour Senior Staff Engineer / Geologist / Scientist $125.00 / Hour Staff EIT / Geologist / Scientist $110.00 / Hour Junior Staff EIT / Geologist / Scientist $95.00 / Hour Senior Technician $85.00 / Hour Staff Technician $75.00 / Hour CAD Technician $85.00 / Hour Word Processor $75.00 / Hour Project Assistant $65.00 / Hour Other Direct Charges Automobile Mileage $0.70 / Mile Expenses* Cost plus 15% *Other charges for services such as but not limited to, shipping, subsistence, transportation, delivery services, printing and reproduction, miscellaneous supplies, rentals, professional services and contract labor and laboratory services. PAYMENT ADDRESS: Migizi Group, Inc. Attn: Doug Henry 17921 Bothell-Everett Hwy., Suite 102 Bothell, Washington 98012 Phone: 425-398-2300 Fax: 425-398-2333 EXHIBIT A (Continued) EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor 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 or a substitute endorsement providing equivalent coverage. The City shall be named as an insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant’s profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: EXHIBIT B (Continued) 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 $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor’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 Contractor’s insurance and shall not contribute with it. 2. The Contractor’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 contractor 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 Contractor’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the EXHIBIT B (Continued ) additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor 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 Contractor. ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/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 PERIODINDICATED. 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 5/15/2021 License # CA#0658748 (833) 287-9378 26620 Migizi Group, Inc. RAM Geo Services, LLC 17921 Bothell-Everett Hwy., Suite 102 Bothell, WA 98012 44393 A 2,000,000 X EMP19001610-02 9/18/2020 9/18/2021 100,000 WA Stop Gap 10,000 $1M/$1M/$1M 2,000,000 2,000,000 2,000,000 Pollution Liab 2,000,000 1,000,000B BAW58755210 9/18/2020 9/18/2021 3,000,000A EMX20000637-01 10/5/2020 9/18/2021 3,000,000 A EMP19001610-02 9/18/2020 9/18/2021 1,000,000 1,000,000 1,000,000 RE: Job/Reference #: P2451-B21 Insurance on Phase I ESA deliverable only. KOZ Development LLC is an Additional Insured under General Liability as per written contract and subject to the provisions of the policy. KOZ Development LLC 1830 Bickford Ave, Ste 201 Snohomish, WA 98290 MIGIGRO-01 PARASHULADWA AHT Insurance 600 University Street #1200 Seattle, WA 98101 EXPRESS express@ahtins.com Axis Surplus Insurance Company West American Insurance Company X X X X X X X X X Policy number: EMP19001610-02 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 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 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed 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. 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" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 CG 20 10 07 04 Policy Number: EMP19001610-02 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. Signature: Email: Melissa McCormick (May 25, 2021 13:45 PDT) Melissa McCormick cityclerk@kentwa.gov E-TRANSMITTAL: Contract for Phase I ESA at Mendel Property Final Audit Report 2021-05-25 Created:2021-05-24 By:Lynn Osborn (losborn@kentwa.gov) Status:Signed Transaction ID:CBJCHBCAABAAxglp9w3Lr-veX3o5qw_GSrMNNCZLdV4B "E-TRANSMITTAL: Contract for Phase I ESA at Mendel Propert y" History Document created by Lynn Osborn (losborn@kentwa.gov) 2021-05-24 - 8:51:24 PM GMT- IP address: 146.129.252.126 Document emailed to Terry Jungman (tjungman@kentwa.gov) for signature 2021-05-24 - 8:55:05 PM GMT Email viewed by Terry Jungman (tjungman@kentwa.gov) 2021-05-24 - 9:58:31 PM GMT- IP address: 146.129.252.126 Document e-signed by Terry Jungman (tjungman@kentwa.gov) Signature Date: 2021-05-24 - 10:07:39 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Jason Souza (jsouza@migizigroup.com) for signature 2021-05-24 - 10:07:40 PM GMT Email viewed by Jason Souza (jsouza@migizigroup.com) 2021-05-25 - 12:09:02 PM GMT- IP address: 174.204.88.68 Document e-signed by Jason Souza (jsouza@migizigroup.com) Signature Date: 2021-05-25 - 6:28:41 PM GMT - Time Source: server- IP address: 174.204.88.68 Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature 2021-05-25 - 6:28:43 PM GMT Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2021-05-25 - 8:17:07 PM GMT- IP address: 146.129.252.126 Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date: 2021-05-25 - 8:18:27 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Melissa McCormick (cityclerk@kentwa.gov) for signature 2021-05-25 - 8:18:29 PM GMT Email viewed by Melissa McCormick (cityclerk@kentwa.gov) 2021-05-25 - 8:43:13 PM GMT- IP address: 146.129.252.126 Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date: 2021-05-25 - 8:45:24 PM GMT - Time Source: server- IP address: 146.129.252.126 Agreement completed. 2021-05-25 - 8:45:24 PM GMT