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HomeMy WebLinkAboutCAG2024-222 - Amendment - #1-Skillings, Inc - Underground Storage Tank Removal at 3.5MG Tank - 7/26/24 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form Dir Asst: • For Approvals,Signatures and Records Management Dir/Dep: KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional) WASHINGTON Sheet forms. Originator: Department: Karin Bayes for Evan Swanson Public Works Date Sent: Date Required: 0 07/26/2024 7/30/2024 CL Director or Designee to Sign. Date of Council Approval: Q N/A Budget Account Number: Grant?[:]YesZNo W20079 Budget?R]Yes:No Type: N/A Vendor Name: Category: Skillings, Inc. Contract Vendor Number: Sub-Category: = Amendment 0 Project Name: Underground Storage Tank Removal at 3.5MG Tank E c Pro)ectDetails:The Consultant shall provide additional excavation sampling and ,� p � p � 9 = disposal of excavated spoils. c 40 g $16 052 Other Agreement Amount: Basis for Selection of Contractor: 47 `Memo to Mayor must be attached 3 Start Date: Upon Execution Termination Date: 12/31/2024 Q Local Business?F--]YesF--]No* If meets requirements per KCC3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace. Business License Verification:Yes:ln-Process:Exempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: Yes No CAG2024-222 Comments: a1 G 3 4) H •� i N 3 f0 C V1 Date Routed to the City Clerk's Office: 7/26/24 Interlocal Agreement has been uploaded to website: adccW22313_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 w KENT W n S H I N G T G N AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Skillings, Inc. CONTRACT NAME & PROJECT NUMBER: Underground Storage Tank Removal at 3.5MG Tank ORIGINAL AGREEMENT DATE: 05/08/2024 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: The Consultant shall provide additional excavation, sampling and disposal of excavated spoils. For a description, see 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, $19,278.25 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $19,278.25 including all previous amendments Current Amendment Sum $16,052.00 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $35,330.25 AMENDMENT - 1 OF 2 Original Time for Completion 07/31/2024 (insert date) Revised Time for Completion under N/A prior Amendments (insert date) Add'I Days Required (f) for this 153 calendar days Amendment Revised Time for Completion 12/31/2024 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it 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 this 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 last date written below. CONSULTANT/VENDOR: CITY OF KENT: Digitally signed by Chad Bieren Chad B il e re n Date:2024.07.26 By:, By: 10:27:40-07'00' Print Name: Patrick Skillings Print Name: Chad Bieren, P.E. Its Vice President Its: Public Works Director DATE: 07/26/2024 DATE: ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) et'�' A'TMIA Kent City Clerk Kent Law Department kb-7/24/2024 AMENDMENT - 2 OF 2 EXHIBIT A SCOPE OF WORK Prepared for: CITY OF KENT UNDERGROUND PETROLEUM STORAGE TANK SAMPLING AND ANALYSIS PLAN—Additional Sampling July 18,2024 Introduction This Scope of Work is to provide additional investigation for a Limited Environmental Site Assessment on King County Tax Parcel No. 3322059177, referred to as the Property, for the City of Kent(Client). The Property is located in Auburn, Washington at 12523 SE 2861" PL. Auburn, WA. The Scope of Work has been prepared in accordance with the 2011 ASTM Designation E 1903-11 Standard Practices for Environmental Site Assessments:Phase 11 Environmental Site Assessment Process. Client inadvertently discovered a standpipe and buried tank during site maintenance. The top of the tank appeared compromised and exhibited a petroleum odor. Client proposes to remove tank and determine if any petroleum was released into the surrounding soil. The tank will be pumped and fluids characterized prior to disposal. The initial investigation included cleaning and removal of the tank. Cleaning backwash water and tank sediment was collected via a vactor truck and disposed of at an approved location. The tank and adjacent soil were excavated, stockpiled, and encapsulated for sampling. Sample results indicated that two of the sidewalls of the pit and the bottom still contained detectable gasoline that requires additional excavation. This supplement of the complete the additional excavation, conduct sampling of the new sidewalls and pit bottom and dispose of excavated spoils. The spoils pile will be characterized and disposed of at an approved disposal site. The excavated pit will be backfilled with common borrow from an approved source. Skillings, Inc. (Skillings) will provide the services as listed below as part of this Scope of Work: Assumptions: The following assumptions are made in connection with this scope of work: • The Client will provide Right-of-Entry for all parcels associated with the Property; • Skillings will not complete an investigation of the interiors of any structure located on the Property. • The Property is located at high elevation and shallow groundwater is not expected. This scope of work is to develop the Sampling and Analysis Plan (SAP), pump and remove existing tank, collect discreet soil samples, and prepare a Phase II Environmental Site Assessment(Soil Characterization Report). • Miscellaneous project costs included to cover sampling equipment, including but not limited to disposable gloves, ice for sample transport, etc. • Rivers Edge Environmental Services (Rivers Edge)will provide an excavator and operator to remove the tank and excavate soil samples. • Disposal costs are unknown until implementation of this scope. The final volume (quantity) and cost per yard of material disposal at an approved upland facility(e.g. Republic)will be based on sampling results. The disposal site acceptance costs will be determined and added to this scope on a Time and Material basis. • The final quantity for excavation backfill is unknown at this time. The cost for aggregate used for backfill will be completed on a Time and Material basis. Task 100: Soil Investigation Prior to sampling, a Sampling and Analysis Plan (SAP)will be required to direct and document the sampling methodology to determine the extent (if any) of contamination associated with the identified underground storage tank(UST). Soil samples will be collected from the side walls and bottom of the excavated area. Skillings, Inc. Project No.24027 1 City of Kent July 18,2024 Once soil testing is complete, a soil characterization report in the form of a Phase II Environmental Site Assessment will be completed. Task Assumptions: • The source,type, and extent of potential contamination is unknown;therefore, the scope of work outlined in Task 100 is based on the assumption that the extent of contamination is localized to the Property and will not require investigation outside of the existing parcel boundary. • Groundwater depths are assumed to be greater than 30 feet below ground surface. • Target analytes have been identified as gasoline range products (gasoline and BTEX) • Discreet soil sample samples will be collected from two of the sidewalls and one from the bottom of excavated pit. • Collected samples will be maintained on ice through delivery to the laboratory. • The Phase II Environmental Site Assessment will be completed following the standard practices outlined in ASTM E1903-11 (Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process). Task 100.1 Sample Collection: Assumptions• • Samples will be collected from each sidewall of the pit, bottom of pit, and stockpiled soil sample. • The stockpile sample will be composite in order to characterize the spoils as a whole. • It is assumed that groundwater will not be encountered and that no groundwater samples will be collected. • Collected samples will be delivered to Libby Environmental laboratory for analysis. A Chain-of- Custody will be completed for all collected samples,from point of collection to laboratory delivery. Tasks: • Skillings will collect soil samples from up to four(4) locations. Deliverable: • three (3) discreet soil samples and one (1) composite sample. • Chain-of-Custody record. • Memo detailing sampling collection. Task 100.2—Phase II Environmental Site Assessment The results of site investigations, completed under Task 200.2,will be documented in a Phase II Environmental Site Assessment Report. Assumptions: • Laboratory results will be compared to the MTCA Method A Cleanup levels. • The Phase II Environmental Site Assessment Report will indicate if the Property is clean, or if remediation will be needed, including extent of remediation and recommendations for type of remediation. Task Description: • Skillings will prepare a Phase II Environmental Site Assessment Report detailing the results of field investigations and laboratory analytical results. Skillings, Inc. Project No.24027 2 City of Kent July 18,2024 Deliverable: • Draft Phase II Environmental Site Assessment Report • Final Phase II Environmental Site Assessment Report END SCOPE OF WORK Prepared by: _Date: Patrick Skillings Skillings, Inc. Project No.24027 3 City of Kent July 18,2024 EXHIBIT B-1 CONSULTANT COST COMPUTATION—MAN-HOURS PROJECT NO. 24017 CITY OF KENT m M O SOIL CHARACTERIZATION < O r) D p n D Z Z v n 3 mm m Z 7o Z Z r > O TASK# TASK DESCRIPTION 100 SOIL INVESTIGATION 100.2 Sample Collection 1 Collect soil samples from up to four(4)sample points 9 12 1 100.3 Soil Characterization Tech Memo Prepare a Tech Memo detailing the results of field 1 investigations and laboratory analytical results 1 8 HOURS PER DISCIPLINE 10 20 1 Skillings, Inc. Project No.24027 4 City of Kent July 18,2024 EXHIBIT B-2 CONSULTANT COST COMPUTATION-SUMMARY NEGOTIATED HOURLY RATE(NHR): Classification Man Hours X Rate = Cost ENVIRONMENTAL MANAGER (PatrickSkillings) 10 x $277.00 = $2,770.00 PROJECT SCIENTIST (Netania Hnatishin) 20 x $113.00 = $2,260.00 PROJECT ADMINISTRATOR (Alysa Cushman) 1 x $168.00 = $168.00 Total Hours= 31 Total NHR= $5,198.00 REIMBURSABLES: Mileage 200 x $0.670 = $134.00 Miscellaneous Expenses $50.00 x = $50.00 Total Expenses= $184.00 SUBCONSULTANT COST(See Exhibit E): Libby Environmental $700.00 x 10% _ $770.00 Rivers Edge Environmental,Service,Inc. $9,000.00 x 10% _ $9,900.00 Total Subconsultants= $10,670.00 SUB-TOTAL(NHR+REIMBURSABLES+SUBCONSULTANTS): Sub Total= $16,052.00 MANAGEMENT RESERVE F MRF $3806.99 * 3&% = MRF- $3,398:80 GRAND TOTAL GRANDTOTAL = $16,052.00 $1�w Skillings, Inc. Project No.24027 5 City of Kent July 18,2024 EXHIBIT B-3 CONSULTANT COST COMPUTATION—EXPENSES Item Description Basis Quantity Rate Total 1 Telephone Month $0.00 2 Auto Rental Each $0.00 3 Lodging Day $0.00 4 Per Diem-Meal Day $0.00 5 Photocopies-Blk&White Each $0.10 $0.00 6 Photocopies-Color Each $0.35 $0.00 7 Half Sized Prints Each $0.50 $0.00 8 Full Sized Prints Each $6.00 $0.00 9 Postage Month $0.00 10 Shipping Month $0.00 11 FAXs Each $0.00 12 Miscellaneous Project Costs Month 50 $0.00 13 Miscellaneous Survey Costs Estimated $0.00 14 InRoads Software Month-No of years $950.00 $0.00 15 Traffic Control Estimated $0.00 Total Miscellaneous Expenses $0.00 Mileage Per Mile 200 0.670 $134.00 Total Expenses $134.00 Assumptions 1 Telephone Estimated 2 Auto Rental Estimated trips 3 Mileage Estimated miles 4 Lodging 5 Per Diem-Meal 6 Photocopies-Blk&White Estimated 7 Photocopies-Colored Estimated 8 Half Sized Prints 9 Full Sized Prints 10 Postage Estimated 11 Shipping Estimated 12 FAXs Estimated 13 Miscellaneous Project Costs Estimated 14 Miscellaneous Survey Costs Estimated 15 Purchase Order Estimated Skillings, Inc. Project No.24027 6 City of Kent July 18,2024 Client#: 324969 SKILLINC12 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY)5/02/2024 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Please See Below USI Insurance Services NW PR PHONE 206 441-6300 FAX 610-362-8530 A/C,No,Ext: A/C,No 601 Union Street,Suite 1000 E-MAIL q p ADDRESS: Seattle. Icertre uest usl.com Seattle,WA 98101 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Indemnity Company of CT 25682 INSURED INSURER B:Travelers Property Cas.Co.of America 25674 Skillings, Inc. XL Specialty Insurance Company 37885 INSURER C: p Y P Y P. O. Box 5080 INSURER D: Lacey,WA 98509 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY X X 6805H5600292347 12/18/2023 12/18/2024 EACH OCCURRENCE $1 OOO 000 CLAIMS-MADE � OCCUR PREMISES ERENTED ccr nce $1,000,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY JECTPRO- LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ MBINED A AUTOMOBILE LIABILITY X X BA2R54921A2347G 12/18/2023 12/18/202 (CEO, cidentS INGLE LIMIT $1, ,000 000 ac X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ B X UMBRELLA LIAB X OCCUR X X CUP7892Y1662347 12/18/2023 12/18/2024 EACH OCCURRENCE s5,000,000 EXCESS LIAB CLAIMS-MADE (Follow Form) AGGREGATE s5,000,000 DED X RETENTION$10 000 $ A WORKERS COMPENSATION X 6805H5600292347 12/18/2023 12/18/202 PER X OTH- FP AND EMPLOYERS'LIABILITYLITEANY PROPRIETOR/PARTNER/EXECUTIVE Y/N (WA Stop Gap) E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Professional X DPR5025618 3/02/2024 03/02/202 $3,000,000 per claim Liability $3,000,000 annl aggr. Incl. Pollution DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Project#24027, Underground Storage Tank Removal. The General Liability policy includes an automatic Additional Insured endorsement that provides Additional Insured status to City of Kent, only when there is a written contract that requires such status, and only with regard to work performed by or on behalf of the named insured. CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Avenue S. ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S44654667/M43934585 GBSZP This page has been left blank intentionally. POLICY NUMBER:680-5H560029 COMMERCIAL GENERAL LIABILITY 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): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for"bodily injury" or"property damage" included in the products-completed operations hazard, provided that such contract was signed by you before, and is in effect when, the"bodily injury or"property damage" occurs. Location And Description Of Completed Operations Any project to which a written contract with the Additional Insured Person(s)or Organization(s) in the Schedule applies. 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 in- location designated and described in the schedule of clude as an additional insured the person(s) or or- this endorsement performed for that additional in- ganization(s) shown in the Schedule, but only with sured and included in the "products-completed opera- respect to liability for "bodily injury" or "property dam- tions hazard". age" caused, in whole or in part, by"your work" at the CG 20 37 07 04 CG T8 01 12 23 D ISO Properties, Inc., 2004 DATE OF ISSUE: 11/07/2023 Page 1 of 1