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HomeMy WebLinkAbout23-147 - Kane Environmental, Inc - George Long Environmental Review CityofTukwila 23-147 Contract Number Council Approval N/A 6200 Southcenter Boulevard, Tukwila WA98188 CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non- charter optional municipal code city hereinafter referred to as the and Kane Environmental, th Inc.,hereinafter referred to as the ice is located at4015 13Ave West; Seattle, WA 98119. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1.Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in anyway. 2.Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shallnotexceed$5,661. 3.Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in anyway. 4.Duration of Agreement. This Agreement shall be in full force and effect for a period September 1,2023,andendingJune 30,2024, unless sooner commencing terminated underthe provisions hereinafter specified. 5.Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6.Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 4859-4123-3789, v. 1 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 Contractor and the City and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of thisAgreement. 7.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, scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or o recourse to any remedy available at law or in equity. Minimum Scope of Insurance. A.Contractor shall obtain insurance of the types and with the limits describedbelow: 1.Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover 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 liabilitycoverage. 2.Commercial General Liability insurance with limits no less than $2,000,000 each occurrence,$2,000,000 general aggregate and $2,000,000 products-completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional 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 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3.coverage as required by the Industrial Insurance laws of the State of Washington. CityFull Availability of Contractor Limits. B.If the Contractor maintains higher insurance limits than the minimums shown above, the Cityshall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the City evidences limits of liability lower than thosemaintained by the Contractor. Other Insurance Provision. C. General Liability insurance policies are to contain,or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance shall not contribute with it. Acceptability of Insurers. D.Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 4859-4123-3789, v. 1 Verification of Coverage. E.Contractor 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 Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this coverage. Subcontractors. F.The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor- provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors.The Contractor shall ensure that the Cityis an additional insured on each and every least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. Notice of Cancellation. G.The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. Failure to Maintain Insurance. H.Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business daysnotice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from theCity. 8.Record Keeping andReporting. A.The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of thisAgreement. B.These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by theCity. 9.Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of thisAgreement. 10.Termination. This Agreement may at any time be terminated by the City giving to the to provi insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreementimmediately. 11.Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials orsupplies. 12.Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of theCity. 13.Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in 4859-4123-3789, v. 1 writing and signed by the parties. 14.Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisionsof this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15.Notices. Notices to the City of Tukwila shall be sent to: City Clerk, City ofTukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16.. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, costs ofsuit. 7September DATEDthis________dayof_______________________,2023 CONTRACTOR: CITYOFTUKWILA By: David Cline,City Administrator Printed Name: Emmy Kane Title: CEO / President Address: 4015 13th Ave W, Seattle, WA 98119 4859-4123-3789, v. 1 Scope of Services Kane Environmental, the Contractor, shall perform Gound water sampling using MTCA Method B at 14000 Interurban Avenue Background KaneEnvironmentalcompletedaLimitedPhaseIIEnvironmentalSiteAssessmentreportfortheproperty located at 14000 Interurban Avenue in Tukwila, WA (Property) dated October 11, 2022 on behalfof King County Open Space Acquisitions. On September 8, 2022, Kane Environmental oversaw the advancement of six direct push (DP) borings (KSB-1 through KSB-6) on the Property (see attached Site Plan). Borings were completed between 15 and 20 feet below ground surface (bgs). Groundwater was encountered and collected for analysis from four soil boring locations (KSB-1, KSB-3, KSB-4, and KSB-5). Additionally, three monitoring wells were observed on the Property on the day of the field activities (eastern monitoring well labeled MW-E, central monitoringwell labeledMW-C,andwesternmonitoringwell labeledMW-W).KaneEnvironmental collected groundwater samples for analysis from two of the three monitoring wells (MW-E and MW-C). A groundwater sample was not collected from the furthest west monitoring well, MW-W, due to the relative distance of the monitoring well from the features of concern on the Property. Kane Environmental also advancedthreehandaugerborings(HA-1throughHA-3)inthesoilandwastedebrispiles,locatedinthe southwestern portion of the Property. All soil and waste debris samples were screened for petroleum hydrocarbons and volatile organic compounds (VOCs) using a photoionization detector (PID). Three soil borings (KSB-2, KSB-3, and KSB- 6)andsamplescollectedfromthewastedebrispilecontainedfainttomoderatepetroleumodors,withPID readings greater than 1.0 parts per million (ppm). Analytical results of the soil and waste debris pile sampleswereallbelowstatecleanupstandardsforpetroleumhydrocarbons,VOCsandselectedmetals. 4859-4123-3789, v. 1 The Property is within the floodplain of the Green River. Based on that fact, groundwater concentrations of Heavy Oil may be impacted be naturally occurring non-petroleum hydrocarbons. The concentration of Heavy Oil in groundwater from existing well MW-E was 746 micrograms per liter (ug/L), above the state cleanupstandardof500ug/L,discussedintheSeptember8,2022report.Allothergroundwatersamples collected at the Property resulted in concentrations of petroleum hydrocarbons, VOCs, and selected metals below their respective state cleanup standards. GroundwaterSamplingScopeofWork Kane Environmental proposes to collect one groundwater sample from existing groundwater monitoring well MW-E and analyze the groundwater sample using the Washington State Department of Ecology ModelToxicsControlAct(MTCA)MethodBcalculations.Ifthehydrocarbonconcentrationingroundwater at MW-E is skewed high due to the presence of naturally occurring non-petroleum hydrocarbons, the previously reported Heavy Oil concentrationmay be skewed high, and groundwater on the Property may notexceedstatecleanupstandardsbasedontheMethodBcleanupstandards.Pleasenotethatisitalso possible that the Heavy Oil concentration may continue to be above 500 ug/L, even if some naturally occurring hydrocarbons are present in the groundwater. GroundwaterSampling: GroundwaterwellMW-EwillbesampledfollowingWashingtonStateDepartment ofEcologyguidelines.Groundwatercollectedfromthegroundwatermonitoringwellwillbecollectedusing a low-flow peristaltic pump. InvestigationDerivedWaste(IDW): Groundwaterwell purgewater will becollectedandtemporarilystored in 5-gallon bucket. The bucket will be labeled and stored on the Property in an area that does not impede dailyactivities,asdirectedbytheSiteContact.ThebucketmaybeonthePropertyforthreeormoreweeks after the sampling is completed will be removed and disposed following results from the Analytical Laboratory. Analytical: Kane Environmental proposes that MW-E groundwater sample be analyzed by the environmental laboratory Friedman & Bruya for the following: TotalPetroleumHydrocarbonsDiesel-ExtendedbyMethodsNWTPHDx ExtractableandVolatilePetroleumHydrocarbons(EPHandVPH) PolyaromaticHydrocarbons(PAHs)byEPAMethod8270/SIM GasolineTargets(BTEX)byEPAMethod8260 Analyticaldatawillbereceivedfromtheanalyticallaboratoryseventotenbusinessdaysfollowingsample submission.Verbalresultswillberelayedassoonastheyarereceivedfromthelaboratory.Laboratory 4859-4123-3789, v. 1 analyticalcostsassumessampleanalysisperformedonastandardturnaround.Expeditedturnaroundcan be performed at surcharged rates. Report: A Kane Environmental Senior Geochemist will complete the Method B calculations. The findings and results of the sampling will be included in a brief memorandum. Compensation CostEstimate:14000InterurbanAve KaneEnvironmental,Inc.QtyRateUnitAmount PROFESSIONALSERVICES: ProjectManagement2170hr ЌЍЉ FieldWorkStaffGeologistgroundwatersampling5150hr АЎЉ SeniorGeochemistMethodBCalculation6210hr ЊͲЋЏЉ Reporting: MemorandumSeniorGeochemist2210hr ЍЋЉ MemorandumStaffGeologist8120hr ВЏЉ Tables/Figures4120hr ЍБЉ Accounting/Admin185hr БЎ SubtotalKaneLabor: $4,295 SUBCONTRACTOR: AnalyticalLaboratory Groundwater TPH-DieselandOil175ea АЎ EPH1230ea ЋЌЉ 1245ea ЋЍЎ VPH 1125ea ЊЋЎ GasolineTargets PAHs 1165ea ЊЏЎ SubtotalSubcontractor: $840 AdministrativeMarkup15.0%126 Drumremoval1150ea ЊЎЉ KaneFieldEquipment(PPE,fieldvehicle,sampling)1250day ЋЎЉ $400 TotalCostEstimate: $5,661 bƚƷĻʹ ŷĻ ƷƚƷğƌ ĭƚƭƷ ƒğǤ ĻǣĭĻĻķ ƷŷĻ ĻƭƷźƒğƷĻķ ĭƚƭƷ ķǒĻ Ʒƚ ƉƓƚǞƓ ƚƩ ǒƓƉƓƚǞƓ ĭƚƓķźƷźƚƓƭ ğƷ ƷŷĻ tƩƚƦĻƩƷǤ COSTESTIMATE The attached Cost Estimate is based on the current understanding of the project, as described in the proposed scope of work. Only those costs incurred will be charged. Kane Environmental reserves the right to transfer hours and budget dollars between cost items to satisfy project requirements; however, we will not exceed the total costestimatewithout priornotificationandapproval.Ifprojectconditionsrequiremodificationtothescope ofworkorcostestimate,Kane Environmentalwillnotifyclientimmediatelyandseekauthorizationpriorto proceeding. To avoid misunderstanding, it should be emphasized that the estimated cost is an estimate based on present knowledge of the assignment. Although believed to be sufficient to cover the services described herein, no guarantee is made or implied. This scope of work may not fully characterize the full horizontal and vertical extent of contaminated soil and groundwater, if found.