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AG 13-145RETURN TO: P W ADMIN EXT: 2700 ID #: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT/DIv: PUBLIC WORKS / 5 W M ORIGINATING STAFF PERSON: )14, Lh AL, e(( 145 r ' EXT: c 751/i.3. DATE REQ. BY: I l 151)0N - i. 5 f) o N r- i. TYPE OF DOCUMENT (CHECK ONE): `J o CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) o PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT o PROFESSIONAL SERVICE AGREEMENT o GOODS AND SERVICE AGREEMENT o REAL ESTATE DOCUMENT o ORDINANCE JICCONTRACTAMENDMENT (AG#): 13- 145_ o OTHER o MAINTENANCE AGREEMENT o HUMAN SERVICES / CDBG o SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) o RESOLUTION o INTERLOCAL PROJECT NAME: On - l aJk En Vt YBYI rn en k ( ,..Sp LSC Pei po-nst, NAME OF CONTRACTOR: c VI / kJ, _/11. • V 11C eS Inc' ADDRESS: C)0 0 C . SO SI.L('1`, 150, kSea .-t 1A/A 98! OR TELEPHONE: (.70(o) (DOI' -3CnO E-MAIL: SLAW e N.Te4 PCrC . COM FAX: SIGNATURE NAME: Lam TITLE:tit/Pell (peralwilS /Y7 `Sex vices ). EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION o INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑p yPROOF OF AUTHORITY TO SIGN o REQUIRED LICENSES o PRIOR CONTRACT/AMENDMENTS /' CFW LICENSE # 11- lb111 1 � BL, EXP. 12/31UBI # (�U1'�a1393 , EXP. IO/31 //(g '. TERM: COMMENCEMENT DATE: / I3113 awl COMPLETION DATE: I 02 131 1 a01 I. TOTAL COMPENSATION: $ / 0, 000(no (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTAC 1 SC%IEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED o PURCHASING: PLEASE CHARGE TO: 3o4- - 3100 + 11 I - 594 - 31- 4 00 DOCUMENT / CONTRACT REVIEW DIRECTOR A4�' ii /' I1 �' PROJECT MANAGER 'Va1 DIVISION MANAGER DEPUTY DIRECTOR o RISK MANAGEMENT (IF APPLICABLE) A LAW DEPT INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ‘'f f(7 0. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: I. CONTRACT SIGNATURE ROUTING I l �r l124"/ SENT TO VENDOR/CONTRACTOR DATE SENT: I 1 1 f � 7 DATE REC'D: 1 ig ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) T 1114 'LAW DEPT SIGNATORY (MAYOR oR iRFrTrQ ) CITY CLERK �p ASSIGNED AG # AG# ��, SIGNED COPY RETURNED DATE SENT: (/!J/ S RETURN ONE ORIGINAL 2OMMENTfS: ,XECUTE pC " ORIGINALS O U) 6 l 1(Q 1 n611 112.., need :Q 0Air 11 IP 41 'K+ "Tv:i (ONle«( � 5 91- � rq rid 5? _Ave , ev x pd. w. 1 w aLod I I keel a t 'w cowl- �.- U tools, u(!1i n�yv wilt bre GRea -cdk ti Iict INIT AL / DATE SIGNED CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway com AMENDMENT NO. 1 TO MAINTENANCE AGREEMENT FOR ON-CALL ENVIRONMENTAL SPILL RESPONSE SERVICES This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and NRC Environmental Services, Inc., a Washington corporation ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original On -Call Environmental Spill Response Services ("Agreement") dated effective July 3, 2013, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2018 ("Amended Term"). 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. 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. [Signature page follows] AMENDMENT - 1 - Rev. 3/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: DATE: I Art NRC ENVIRONMENTAL SERVICES, INC.: By: �/ Printed Hanle: ithxo-vdA/ V Lq 14 as Title: VP, 64.,,1,&- L /ft( fiI�FJC_ /// (r./ ATTEST: 6AAt- St ha ie Courtney, CM , City Clerk APPROVED AS TO FORM: :)/J. Ryan Call, City Attorney DATE: AktA) STATE OF - IN TO ) Q r ) ss. COUNTY OF` Crn11(L ) O is y personally appeared before me Q✓�V(c�,,� Q✓ -S , to me known to be the /Cj pKrtirO y' of NRC Environmental Services, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this it /day f , 20 Notary's signature Notary's printed name JENNIFER ANN JORDAN Notary Public, State of New Volt No. 01J06231986 Qualified in Suffolk Courtly Commission Expires 12/13/20 / Y AMENDMENT 111 Notary 'u+lic in and r the St My co u mission expires 6/0 N� r"UBIIG z .•;O 11111111 - 2 - Rev. 3/2017 AWRIf) NRCUSHO-01 SMITHGA CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 3/16/2017 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). PRODUCER Willis of New York, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 37230-5191 INSURED NRC ENVIRONMENTAL SERVICES INC. 9520 10th Ave. S., Suite 150 Seattle, WA 98108 CONTACT Willis Towers Watson Certificate Center NAME: (A/CNNo, Ext): (877) 945-7378 I (AIC, No(888) 4674378 PHOE Misss. certificates@willis.com INSURER(S) AFFORDING COVERAGE INSURER A : Zurich American Insurance Company NAIC # 16535 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : • MBER: 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP IMMIDDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X GPL0122451-00 03/16/2017 03/16/2018 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X ' OCCUR PREMISES (EaEoccurrencel $ 1,000,000 MED EXP (Any one person) $ 25,000 PERSONAL & ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES' a PER: GENERAL AGGREGATE $ 2,000,000 POLICY ( � ; LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY ANY AUTO OWNED AUTEO�S ONLY AUTOS ONLY SCHEDULED AUTOSp AUUTOS ONL� BAP0122462-00 03/16/2017 03/16/2018 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ X BODILY INJURY (Per person) $ BODILY INJURYp(Per accident) $ l� (PeOr accitlent) AMAGE $ $ A UMBRELLA LIAB EXCESS LIAB X ! OCCUR SXS0122454-00 03/16/2017 03/16/2018 EACH OCCURRENCE $ 10,000,000 X CLAIMS -MADE AGGREGATE $ 10,000,000 DED 1 RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE FFICER/MEMBER EXCLUDED?1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS YNN NIA WC0122459-00 03/16/2017 03/16/2018 OTH X STATUTE ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ below E.L. DISEASE - POLICY LIMIT 1,000,000 $ A A Contractor's Poll. Professional Liab. GPL0122451-00 03/16/2017 GPL0122451-00 03/16/2017 03/16/2018 See Attached 03/16/2018 [See Attached DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101 Additional Remarks Schedule, may be attached if more space is required) CITY OF FEDERAL WAY IS ADDITIONAL INSURED ON COMMERCIAL GENERAL LIABILITY AND AUTO LIABILITY INSURANCE POLICIES AS RESPECTS THE' OPERATIONS OF NRC ENVIRONMENTAL SERVICES INC. AS REQUIRED BY WRITTEN CONTRACT. WASHINGTON STOP GAP IS INCLUDED IN WORKERS' COMPENSATION. CERTIFICATE HOLDER CANCELLATION CITY OF FEDERAL WAY CITY HALL 33325 8TH AVENUE SOUTH FEDERAL WAY. WA 98003-6325 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE //4 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDITIONAL COVERAGE SCHEDULE COVERAGE LIMITS POLICY TYPE: Contractors Pollution Liability CARRIER: Zurich American Insurance Company POLICY TERM: 3/16/2017 — 3/16/2018 POLICY NUMBER: GPL0122451-00 $1,000,000 Each occurrence $2,000,000 Aggregate POLICY TYPE: Professional Liability CARRIER: Zurich American Insurance Company POLICY TERM: 3/16/2017 — 3/16/2018 POLICY NUMBER: GPL0122451-00 $1,000,000 Each Claim $2,000,000 Aggregate �TU�v To: � �.�,� ��/�1.Q� ExT: �-� L� � CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/D[V: PUBL[C WORKS /�l'��'� 2. ORIGINATING STAFF PERSON: ��) �� EXT: ��1-! 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE�: ❑ CONTRACTOR SELECT[ON DOCUMENT �E.G., RFB, RFP, RFQ� ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR L[MITED PUBLIC WORKS CONTRACT ❑ PROFESS[ONALSERVICEAGREEMENT �MAINTENANCEAGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT �E.G. BOND RELATED DOCUMENTS� ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT �AG#�: ❑ INTERLOCAL � OTHER 6. ' � �� 1I �i I 11;'./ ..,/. I/ � �_ /JI)I _' .� i�► 7. EXHIBITS AND ATTACHMENTS: � SCOP$, WORK OR SERVICES �C COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBTTS ❑ PROOF OF AUTHORITY TO S[GN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # II- f DI? Lq-OD BL, EXP. 12/31/�l3 us� #(�b1 �{213 �13 , EXP. ��/�/ :.D 13 8. TERM: COMMENCEMENT DATE: �'U°U ��P.� COMPLETION DATE: ��' 3�� 9. TOTAL COMPENSATION: $ IIJ� C� `' (,� .�? �INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLAYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO [F YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: �l� �,' 3 �6"� �' � � � "� � � �f - � � ' ��u lO. DOCUMENT / CONTRACT REVIEW PROJECT MANAGER DIVISION MANAGER DEPUTY DIRECTOR 5�2� I� �3 DIRECTOR � � L�LAW DEPT 3UI�(%� � • ' �� y��j�y� ii�IL�% r,� ��`� INITIAL / DATE APPROVED 11. COUNCIL APPROVAL ([F APPLICABLE) COMMITTEE APPROVAL DATE: COUNC[L APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING �� 2�� Z�'� ❑ SENTTO VENDOR/CONTRACTOR DATE SENT: � I"� / I� DATE REC'D: "/� �� ❑ ATTACH: S[GNATURE AUTHORITY, INSURANCE CERTIF[CATE, L[CENSES, EXHIBITS � LAW DEPT ❑ SIGNATORY AYO OR D[RECTOR� � C[TY CLE �7 ASSIGNEDAG # `�SIGNED COPY RETURNED � RETURN ONE ORIGINAL � •� INITIAL / DATE SIGNED i AG# - DATE SENT: 1/9 � CITY OF iT�r N,�Li ��... Fe d e ra � Way ��.� 3rh �.�P�,�� o�,th _° ��, Feaera Jsy, 1+"a. 3�3u�3-os25 � "�r �,,�.aF�° 25�3; �35-700G �.'r`l'4 C;fyi `NHFI€?I-171VF7b tii!I�! MAINTENANCE AGREEMENT FOR ON-CALL ENVIRONMENTAL SPILL RESPONSE SERVICES This Maintenance Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and NRC Environmental Services Inc., a Washington corporation ( Contractor ). The City and �� Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: NRC ENVIRONMENTAL SERVICES INC.: CITY OF FEDERAL WAY: Scott St. John, Operations Manager Dan Smith, Water Quality Coordinator 9520 IOTH Ave. South, Suite 150 33325 8�' Ave. S. Seattle, WA 98108 Federal Way, WA 98003-6325 206-607-3000 (telephone) (253) 835-2756 (telephone) 206-607-3001 (facsimile) (253) 835-2709 (facsimile) sst'ohn nrcc.com daniel.smith cit offederalwa .com The Parties agree as follows: 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2017 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more speciiically described in Exhibit "A", attached hereto and incorporated by this reference ("Work"), performed to the City's satisfaction, on an as-called, as-available basis, using best efforts to respond within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed in accordance with applicable laws. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered prior to the City's fmal acceptance of the Work and Contractor's demobilization from the site unless the need for additional services is caused by Contractor's negligence. The Contractor shall begin to correct any defects caused by its negligence within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as detertnined by the City, the City may complete the corrections and the Contractar shall pay all costs incurred by the City in order to accomplish the correction. Contractor does not warrant that performance of the Work will result in the recovery of any specific quantity of hazardous or other substances or that any specific level of cleanliness will be achieved or human activity can be resumed at the site. 2.3 Time Documentation, and Inspection. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the MAINTENANCE AGREEMENT - 1 - 4/2011 CITY flF �:.��..... FedeCal C;.IT`( Hr?L� W� ,i3��J $tit AJAI�Ii@ ��U}h Y Federai �a�day v`�A 980C13-6325 (2�3; 835-700Q ��. �� :-; r�c,ffe�rer;3�� Y � � �„� Work in accordance with this Contract, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. 2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 3. 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. The City may tertninate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maxixnum amount and according to a rate or method as delineated in Exhibit "B", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the initial year of the Tertn. Thereafter, Contractor's rates shall be subject to annual increases effective 30 days after written notice by Contractor of the revised rates. If the revised rates are unacceptable to either party, that party may terminate the contract without cause in accordance with article 3. Except as otherwise provided in Exhibit "B", the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Payrnent. On a monthly basis, the Contractor sha11 submit a voucher or invoice in the form sp�ified by the City, including a description of what Work have been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 43 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreexnent are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, �nate�ials or seivir.�s fror� P* °^��..*'��.- 4.4 Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Pavrnent: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. MAINTENANCE AGREEMENT - 2 - 4/2011 CITY OF �� ....�- Federal 5. INDEMNIFICATION. L�7,` H,4L� W� 333�5 3tt, rtti�es�ue Soath Y Federai lr'Jay s��1A 980Q3-6325 �253; 835-7000 :vt �� v crt�, i,iter:fer :a��vtiv c�;r?, 5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all clauns, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, to the extent arising from, resulting from, or in connection with this Agreement or the negligent performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Contractor shall ensure that each sub-contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 5.5 Responder Immunitv. Notwithstanding any other provision contained in this Agreement, Contxactor's obligation to indemnify the City shall not extend to any liability that Contractor would otherwise be protected against, exempt from or liability limited under any federal or state laws protecting response contractors from certain liability in connection with their response efforts, even if such liability arises from negligent acts or omissions of Contractor. It is agreed that Contractor's liability under article 5 will not in any case exceed Contractor's liability under such laws when performing operations covered by such laws. 6. INSURANCE. The Contractor agees to carry insurance for liability which may arise &om or in eonnection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City, with limits being met by a combination of primary and excess policies if necessary: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $5,000,000 for each occurrence and $5,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws ofthe State of Washington. MAINTENANCE AGREEMENT - 3 - 4/2011 � CITY OF ��'t... Federal �1T�Y Ha.LL �� v3325 8tn Hver�ue South Y �ederal UVay ��V� 98003-6325 � 253 j 835-7000 �'LN f7tvr�ffP--7€.'f-i1L4F3y CCJ�7� c. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles with a minimum combined single limits no less than $5,000,000 per accident for bodily injury, including personal injury or death, and property damage. d. Contractor's Pollution Liability insurance covering remediation work with limits no less than $5,000,000 per claim and $5,000,000 Aggregate limit. 6.2. No Limit of Liabilitv. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise lixnit the City's recourse to any remedy available at law or in equity. 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. 6.3. Additional Insured Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. The Contractor will fully cooperate with the City in identifying and assembling records in case of any public disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modifed by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall delivery all needed or contracted for work project upon demand. All records submitted by the City to the Contractor will be safeguazded by the Contractor. Contractor shall make such data, documents, and files available to the City upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all charges related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 10.1 Independence. The Parties intend that the Contractor shall be a,n independent contractor and that the Contractor 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. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. MAINTENANCE AGREEMENT - 4 - 4/2011 CITY OF �.. Federal �:IT'`r N�LL �� ;3325 3th A��enue Soutn Y FedAra� �r�Jay ��A 95003-6325 r253; 83�-70a0 a,��vGro� crry��{�ererai�v��y �_o�„ 10.2 Safetv. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same. 103 Risk of Work. All work shall be done at Contractor's own risk with respect to known conditions, and Contractor 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. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and sha11 be subject to the City's general right of inspection to secure satisfactory completion. 10.4 Prevailing Wa e�s. 10.4.1 Wages of EmploYees. This Agreement is subject to the minimum wage requirements of Chapter 39.12 of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to be paid to any of Contractor's laborers, workers and/or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial Statistician of the Departrnent of Labor and Industries of the State of Washington, which current "prevailing rates of wage" are attached hereto as Exhibit "D" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates that are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. 10.4.2 AQreements Exceeding One Year. Pursuant to WAC 296-127-023, or hereafter amended, the City agrees to pay any increase in the current prevailing wages if and when this Contract is extended provided that the term of the Contract exceeds one year. The City further agrees to pay the current prevailing wages at the time of additional yearly extensions, and the Contractor agrees to pay its employees the increased prevailing wage. 10.4,3 Exemptions to Prevailing Wa¢e. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Agreement do not apply to: Sole owners and their spouses; any partner who owns at least 30% of a partnership; the President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 10.4.4 Reportin�Requirements. Contractor shall comply with all reporting requirements of the Department of Labor and Industries of the State of Washington. Upon the execution of this Agreement, Contractor sha11 complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion of the Work, Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. 10.4.5 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. MAINTENANCE AGREEMENT - 5 - 4/2011 CITY OF �'�..... Federal � �IT�Y HALL �� 3�32� 8Ch �?��enue SoutY� Federal Way �1VA 98003-632.5 �253?835-7v^00 .vtti�t�� c=rryr>f�a�i��1tv�3b'r'or,i 10.5 Handlin� Recovered Waste. Contractor does not own any treatment, storage or disposal facilities ("TSDF") and does not self-perform disposal services. It is not intended that Contractor assume the obligations or liability of an"owner", "operator", "generator", "arranger for transportation or disposal" or other "responsible part}�' (as defined under federal and state environmental laws) of any pre-existing waste on site or waste that results from the Work. If requested, Contractor will transport such wastes to a TSDF selected by the City. Contractor will not take title to the waste, nor make any independent determination relating to the selection of a TSDF for the disposal of such wastes. If Contractor includes cost or technical data related to disposal alternatives for the off-site treatment, storage or disposal of wastes in a proposal or Task Order to the City, that information is provided for general reference only and not as a selection or preference of any disposal alternative. Contractor will not incur any liability related to the treatment, disposal or release of waste materials occurring at a designated TSDF after the time the Waste has been delivered to the TSDF. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EOUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor sha11 comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or othetwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assi�,mment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 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. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. MAINTENANCE AGREEMENT - 6 - 4/2011 CITY dF � ��'�.... Federal �.,a�d,,. _ :, fT`r N,�+LL �� 33325 3th Avenue �Sauth Y Federal v`Jay. �vVA 98Q03-6325 253; 835-7000 . rl vl4 E:'ry ,ff_P,e/-U'r i11 M3V !'z]In 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation ar performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. This Agreement is for the provision of services by Contractor on an as-requested, as-available basis. While Contractor agrees to use its best efforts to meet any requested response schedule, Contractor does not guarantee a response time under this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, ar 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. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses 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, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contxactor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement maybe executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] MAINTENANCE AGREEMENT - 7 - 4/2011 � CITY f7f '�.... Federal ��"�`��„�� „.� ti;ITY r+��L�. �� 3332� 3th �venue South �ederal U'Jay: �r`�;?� 98003-8325 ; 253 i 83�-7000 ,y,;., o-� c; ty�,f+e; ter,3it:v,av <. i,rtt IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By; ��. Skip Prie , Mayor DATE: � � �� Z-O � ?� NRC ENVIRONMENTAL S VICES INC. By: Printed Name: S � � -'� �� 0� Title: �r� �% � � DATE: ��s3 y/��/ 3 N�w'I°'��G STATE OF W�H�i"TON ) ) ss. COUNTY OF 5��,�� ) ATTEST: r ity Clerk, Carol McNei y, CM APPROVED AS TO FORM: ity Attorney, Patricia A Richardson On this day personally appeared before me ��VP� `ar�c��-�, , to me known to be the r�5 � c1.��-�- of � Q � tn�r �� rnPS�a.I �Prv ►�� 1 c that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GNEN my hand and official seal this ��l�day of , re , 20� Notary's signature � O` � Notary's printed name `� ,-n�s.. �c � Tc' NOT�ARY Pu�BtIC Notary Public in and for the State of W`as}rh��'' X 3TATE OF NEyy ypRK, g(�p�K �� My commission expires ►�►-au i r N0. 01LE6pgg228 '.:OMMISSION EXPIRES _ !-a�` MAINTENANCE AGREEMENT - 8 - 4/2011 CIT Y OF '�..: Federal CIT`r H�.L� W�� 333�F 3tt� kve!?�ie Sautn Fec�erai v�Jay. �;`��. 98003-632� � 253 ;� 83�-7000 bYFa�`4VC�t��t?tte<f8tr`31'vV,9y r-p�ri EXHIBIT "A" SERVICES The Contractor shall provide necessary on-call environmental spill response services in the event that polluting material (hazardous or non-hazardous) impacts (or has the potential to impact) the City's municipal separate storm sewer system, local surface waters or groundwater to the extent that a contracted on-call emergency response is required. MAINTENANCE AGREEMENT - 9 - 4/2011 CITY �F � Federal �!T`� H,aL�. W�� „��5 3th �ve!�ue �outh F�dera JVay. �I�JA 980u3-6325 ,2�v3i 335-70C}0 .1V64.� c- 7ypffB{]r�f fi44�iV C�.trf1 EXHIBIT "B" COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor a total amount not to exceed Ten Thousand and 00/ 100 Dollars ($10,000.00). 2. Method of Compensation: Time and material rates in accordance with the attached rates. PERSONNEL ITEM DESCRIPTION ____ __ _ _ HOURLY SP CH PM SU AM HS SA SM PS PR AS FS MC EO DR SF RT LO VO DH TE RC MT ST Senior Project Mana�er Certified Industrial Hygienist / Training Manager (NRC only) Project Manager Superintendent Assistant Project Manager (Operations, Planning, Lo�istics, Finance) Health & Safety Senior Accountant Support Manager (Purchasing, Communications, Transportation, Project Scientist / Field Chemist Purchaser / Subcontracts Administrator Administrative Support / Accountant Field Supervisor Mechanic / Welder Equipment Operator Driver (Commercial) Site Foreman Confined Space / Rescue Technician Licensed Vessel Operator Vessel Operator Deckhand Technician — HAZWOPER Resource Coordinator (Dispatch, Warehouse, LoQistics) Marine Technician Specialist Technician 110.00 110.00 90.00 85.00 80.00 80.00 80.00 80.00 75.00 65.00 40.00 65.00 63.00 66.00 66.00 66.00 66.00 70.00 66.00 42.00 66.00 50.00 60.00 65.00 Personnel Terms: 1. Minimum call out is 4 hours per person, except for projects over 50 miles from office location require 8-hour daily minimum. 2. Rates for FS, MC, EO, DR, RT, SF, LO, VO, DH, TE, SA, AS and ST are subject to the following: a) Weekdays: 0700 to 1500 hours charged at Straight Time (ST = Hourly Rate); 1500 to 1900 hours charged at Overtime (OT = 1'/Z times the Hourly Rate); 1900 to 0700 hours charged at Double Time (DT = 2 times the Hourly Rate). Changes to start times for Weekday ST, OT and DT may be requested by Client and may be approved by NRC on a case-by-case basis for longer projects. b) Saturday: First 8 hours charged at OT; hours over first 8 hours charged at DT. c) Sundays and Holidays: All time charged at DT. d) The following are included holidays: New Years Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving and Christmas Day. Other holidays may apply when employing certain union personnel, including but not limited to: Martin Luther King, Jr. Day, Cesar Chavez's Birthday, Veterans Day, day before Christmas and day MAINTENANCE AGREEMENT - 10 - 4/2011 qfY OF � :�'�....- Federal G!T�°r N�.L� �� 3;325 8tl? Avenue �oufh Fe�e�a� �JVay. R�'iA 980a3-6325 , <^• 53 � 335-7fl00 :4vbv r�rtyofFa�le+-tn��'v i �.�n' after Christmas. e) The above Rates are applied regardless of the number of hours worked for any Client on any particular day. Rates for hours subsequent to a break of less than 8 hours are charged at the appropriate OT or PT rate continuous to hours prior to break. 3. All project specific personnel, including accounting, administrative, personnel support, logistics and management, whether on site, at NRC offices, or at support locations, are chargeable. All personnel are charged according to the above rates, regardless of full-time, part-time or third party labor source status, unless provided as part of a specified subcontracted service. Surcharges apply for remote sites and prevailing-wage projects. 4. Time charges begin with equipment and personnel mobilization activities and terminate at the conclusion of the services, including transportation of equipment and personnel back to operations centers and any necessary demobilization activities. Personnel time is charged in half-hour increments for all personnel. All hourly rates will be charged Portal-to-Portal from the location of personnel when dispatched, including but not limited to NRC office, personnel home, hotel or other jobsite as applicable. Personnel on standby for Customer will be charged at 8 hours per 24-hour period. 5. Transportation and any incidental costs for all emergency response personnel, both on site, at support locations and traveling to and from the site or support locations, are charged at cost plus 15%. Per Diem charges for food in metropolitan areas are $50.00 per person per day. Typical per diem rates for lodging, based on double occupancy, are $100.00 per person per day. Rates for premium areas and remote sites determined at time of service. EQUIPMENT CATEGORY BOOM RECOVERY/ SKIMMERS ITEM # DESCRIPTION 1001 Anchor Gear 1002 Boom Mooring Light 1003 Contractor Boom, up to 21" 1004 Petro Barrier, up to 24" 1005 Ocean Boom, up to 42" 2001 Air Conveyor, VS-50 2002 Belt Skimmer, Marco Class XI-C 2003 Belt Skimmer Vessel, JBF DIl' 3001 2004 Belt Skimmer Vessel, Marco I C 2005 Brush. Skimmer, Lamor 2006 Brush Skimmer, Aquaguard RBS-40 2007 Brush Skimmer, Aquaguard RBS-25 or 10 Twin 2008 Brush/Drum/Disc Skimmer, Aquaguard RBS-OS 2009 Disc Skimmer, MI-30, Komara 12K 2010 Disc Skimmer, Vikoma Sea Skimmer 2011 Drum Skimmer, Roto 70 2012 Drum Skimmer, Action Petroleum Mode160 2013 Drum Skimmer, Action Petroleum Mode136 2014 Drum Skimmer, Action Petroleum Mode124 2015 Rope Mop Skimmer, II-9 2016 Rope Mop Skimmer, I-4, II-4,11-6 2017 Rope Mop Skimmer, extra rope, 100' 2018 Vacuum/Transfer Unit (VTU) 2019 Weir Skimmer, Desmi 250 2020 Weir Skimmer, Foilex, vacuum 2021 Weir Skimmer, Foilex, hydraulic 2022 Weir, Cascade LP 3000 or Vikoma Fastflowec 2023 Weir Skimmer, Skimpak or Oleo, 2" or 3" UNIT Each/Day Each/Day Ft/Day Ft/Day Ft/Day Day Day Hour Hour Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day TEMPORARY 3001 Bladder Tank, 24 barrel Day STORAGE 3002 Bladder Tank, 25 - 100 barrel Day 3003 Bladder Tank, 101 - 240 barrel Day MAINTENANCE AGREEMENT - 11 - RATE 30.00 13.00 1.75 2.50 6.75 3,000.00 4,000.00 350.00 375.00 3,600.00 2,500.00 2,000.00 850.00 1,800.00 2,000.00 3,500.00 1,400.00 1,200.00 800.00 800.00 600.00 110.00 1,800.00 3,500.00 1,500.00 2,500.00 1,600.00 300.00 250.00 500.00 1,000.00 4/2011 c�rv oF ��:��•�.. Fe d e ra I CATEGORY NEW I VESSELS / SUPPORT EXCAVATION TRAILERS Yl?-'r Nr�Ll. W�� 3325 c3�i, a,ven�ae S�utn Federai dVay. v'1� �8003-0325 t253 i 835-7000 �Utiv�vc:r�y�>ff��re� i tv<<y �,�n�� ITEM # DESCRIPTION __--- __ ---- __ _ ___ __ _ ___ -- - -- 3004 Container, Intermodal or Connex Storage, 20' 3005 Container, Intermodal or Connex Storage, 40' 3006 Roll-off Bins, up to 20 cu. yd. / 30 cu. yd. 3007 Roll-off Bins, up to 20 cu. yd. / 40 cu. yd. 3008 Storage Tank, 500 to 2,499 gal 3009 Storage Tank, 2,500 to 4,499 gal 3010 Storage Tank, 4,500 to 6,000 gal Storage Tank, 20,000 gal 3011 Tank Barge, up to 210 bbls (NRC only) 3014 Tank Barge, Pebble Beach 3012 Tote Tank, DOT approved, 275 to 300 gal 3013 Vacuum Box, up to 25 cu. yd. 4001 Deck Barge, up to 110' 4002 Response Vessel, 65' 4003 Response Vessel, 35' - 55' 4004 Response Vessel, 30' - 34' 4005 Response Vessel, 25' - 29' 4006 Response Vessel, 16'- 24' 4007 Skiffs w/outboard, 15' or less 4008 Skiffs w/o outboard 5001 Backhoe, 710 or equivalent 5002 Backhoe, 580 or equivalent 5003 Backhoe Attachment, Breaker 5004 Backhoe Attachment, Compactor 5006 Dump Bed, Morooka 5-10 cu. yd. 5021 Dump Truck, 5 cu. Yd, w/ Plow & Sander 5007 Excavator, Mini 5008 Excavator, up to 37,000 lb 5009 Excavator, 38,000 to 53,000 lb 5010 Excavator, over 53,000 lb 5017 Excavator, over 100,0001b 5011 Excavator Attachment, Thumb or Wheel 5012 Excavator Attachment, Hammer 5013 Loader, Bobcat, Skidsteer or equivalent 5014 Loader Attachment, Breaker, Compactor or Grapple 5015 Loader, up to 4 yds. 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6415 Trailer, Confined Space Entry/Rescue Trailer, Decon, up to 24' Trailer, Dump, 7,000 lb Trailer, Dump, Side/End, 18 yd. Trailer, Emergency Response, up to 24' Trailer, Emergency Response, 40'- 48' Trailer, Equipment, Utility, 1-2 ton Trailer, Equipment, Utility, 3-10 ton Trailer, Flatbed, up to 48' Trailer, Incident Command Center, 24' Trailer, Incident Command Center, 48' Trailer, Low Boy Trailer, MTR (boom, boat, skimmer add' 1 if deployed) Trailer, Office Trailer, Rocket (Roll Of� Launcher UNIT Day Day Day Day Day Day Day Day Day Day Day Day Day Hour Hour Hour Hour Hour Hour Hour Day Day Day Day Day Hour Day Day Day Day Hour Day Day Day Day Day Day Day Day Hour Day Day Day Day Day Day Day Day Day Day Hour RATE 22.00 44.00 22.00 44.00 20.00 25.00 35.00 60.00 1,500.00 9750.00 80.00 80.00 500.00 375.00 225.00 160.00 125.00 100.00 50.00 25.00 375.00 325.00 220.00 125.00 350.00 175.00 325.00 850.00 1,050.00 1,500.00 250.00 350.00 550.00 350.00 175.00 650.00 2,000.00 350.00 250.00 35.00 350.00 500.00 100.00 250.00 250.00 650.00 1,500.00 300.00 350.00 200.00 40.00 MAINTENANCE AGREEMENT - 12 - 4/2011 CIiY OF '�., Federal Way TRUCKS VACUUM TRUCKS/ TRAILERS VEHICLES BLOWERS / COMPRESSORS CIT'l H�,L� 33325 3th .�venue South F�oera� v'Jay VVA 980�J3-o325 ,253;335-7000 ,;;^�ibv r'1tyOffe�7�rz7itVclY' i:ort� 6016 Trailer, Side Dump, 3 axle 6017 Trailer, Tilt Top, 26 ton 6018 Trailer, Van, up to 48' 6019 Trailer, Water Buffalo (up to 500 gallons, with pump) 6020 Trailer, Wildlife Response and Rehab (supplies add'1) 6021 Trailer, Wildlife Search & Collection 6022 Trailer, Wildlife Support 7001 Tractor, Diesel 7002 Truck, Camera 7003 Truck, Crane, 1 ton - 6 ton 7004 Truck, Crane, 7 ton - 10 ton 7005 Truck, Crane, 10 ton - 18 ton 7006 Truck, Crane, 40 ton 7007 Truck, Dump, up to 10 yard 7008 Truck, Dump, over 10 yard 7009 Truck, Dump, over 10 yard with pup 7016 Truck, Flatbed or Van, 2-Axle, up to 24' 7010 Truck, Gear, less than 1 ton 7012 Truck, Gear, 1 ton 7014 Truck, Gear, 2 ton - 5 ton 7017 Truck, Hazmat Response, up to 24' 7018 Truck, Marine Response 7019 Truck, Roll Off, bobtail 7020 Truck, Roll Off, bobtail with trailer 7021 Truck, Water, up to 3000 gallons 8001 Guzzler/Air Mover (filters add'1) 8002 Vactor/Jetter - Combo Unit (attachments add'1) 8003 Vacuum Trailer, 120 -130 bbl, black iron 8004 Vacuum Trailer, 120 -130 bbl, stainless 8005 Vacuum Truck, less than 35 bbl 8006 Vacuum Truck, 35 - 70 bbl 8007 Vacuum Trailer, less than 50 bbl 9001 All Terrain Vehicle 9002 All Terrain Vehicle, Cargo Carrying 9003 Auto, Personnel or Support 9004 Van, MTR (boom, boat, skimmer add'1 if deployed ) 9005 Van, Maintenance, Personnel or Support 9006 Wildlife Transport-Care Vehicle 1101 1102 1103 1104 1105 1106 1107 1109 1110 1108 Air Compressor, up to 100 CFM Air Compressor, 100 to 185 CFM Air Compressor, 210 to 375 CFM Blower, Coppus, Electric/Pneumatic Blower, Negative Air Exhaust, 6" (consumables add'1) Blower, Negative Air Exhaust, 12" (consumables add'1) Blower, Venturi, Horn Corken Compressor (291T / Corrosive Compatible) Corken Compressor (490T / Corrosive Compatible) Exhaust Duct, 25' x 6", 10" or 12" Day Day Day Day Day Day Day Hour Hour Hour Hour Hour Hour Hour Hour Hour Hour Day Day Day How Hour Hour Hour Hour Hour Hour Hour Hour Hour Hour Hour Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day 600.00 250.00 350.00 200.00 2,500.00 1,000.00 350.00 45.00 125.00 65.00 75.00 95.00 140.00 60.00 65.00 70.00 45.00 125.00 150.00 225.00 75.00 50.00 70.00 80.00 110.00 150.00 185.00 30.00 45.00 50.00 60.00 25.00 240.00 375.00 100.00 400.00 150.00 600.00 150.00 225.00 325.00 100.00 75.00 110.00 30.00 750.00 1000.00 25.00 MAINTENANCE AGREEMENT - 13 - 4/2011 � CITY OF '�.... Federal PRESSURE WASHERS PUMPS HOSES / PIPES FITTINGS +�IT�' H,hLL W�� 333�5 3th Qvenue South Federai VVa��. ��`A 98003-6325 !?53j 835-7000 av��aecr�yot�e.ler,-rf�veiy Corn 1202 Hydroblaster, 6,000 psi 1203 Hydroblaster, 10,000 psi 1204 Hydroblaster, 20,000 psi 1209 Jetter Trailer 1206 Pipeline Lancing Nozzle, Hose, Foot Pedal, to Sk psi 1211 Pipeline Lancing Nozzle, Hose, Foot Pedal, over Sk psi 1207 Pressure Washer, up to 3,000 psi, single 1210 Pressure Washer, up to 3,000 psi, dual w/ tank 1208 Pressure Washer, 3,000 to 5,000 psi 1205 Remote Tank Cleaning (Gamajet) Head 1201 Specialty Nozzles, (Roto-nozzle, fogging nozzle, etc.) 1311 1301 1302 1313 1303 1304 1305 1306 1307 1312 1308 1309 1310 1314 1315 1316 1317 1318 1405 1406 1423 1415 1416 1417 1418 1401 1402 1403 1404 1420 1428 1421 1422 1407 1429 1425 1408 1409 1410 1411 1412 Drum Vacuum (consumables add'1) Pump, up to 1", Petroleum Pump, up to 1", Chemical Pump, 1" or 2", Jet (Gas Eductor) Pump, 2", Petroleum Pump, 2", Chemical Pump, 2", Chemical Peristaltic Pump, 3", Petroleum Pump, 3", Chemical Pump, 3", Hydraulic (Archimedes/MT30) w/power pack Pump, 4", Petroleum Pump, 4", Petro-Submersible Pump, 5 "- 6", Petroleum Pump, Blackmer Stainless Steel Sliding Vane Pump, Corken, Coro Vane or Equivalent Pump, Double Diaphragm, stainless steel, 1" Pump, Double Diaphragm, stainless steel, 2" Pump, Fire/Dispersant Guzzler/Air Mover Vacuum Breaker Guzzler/Air Mover/Jetter Fittings (elbows, tees, etc.) Hose, Chlorine Transfer, certified Hose, Discharge (lay flat), 2" Hose, Discharge (lay flat), 3" Hose, Discharge (lay flat), 4" Hose, Discharge (lay flat), 6" Hose, Fire, 1.5" Hose, Fire, 2.5" Hose, Guzzler/Air Mover, Flex or Pipe, 4" Hose, Guzzler/Air Mover, Flex or Pipe, 6" Hose, Hydraulic Hose, Hydroblaster, up to 20,000 psi Hose, LPG/NH3, 1" Vapor Hose, LPG/NH3, 2" Liquid Transfer Hose, Pneumatic Hose, Pressure Washer, up to 6,000 psi Hose, Stainless Steel Hose, Suction & Discharge, 2", Petro Hose, Suction & Discharge, 2", Chemical Hose, Suction & Discharge, 3", Petro Hose, Suction & Discharge, 3", Chemical Hose, Suction & Discharge, 4", Petro Hour Hour Hour Hour Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day/Each 20 Ft/Day 50 Ft/Day 50 Ft/Day 50 FtJDay 50 Ft1Day 50 Ft/Day 50 Ft/Day Ft/Day Ft/Day 50 Ft/Day 50 Ft/Day 20 Ft/Day 20 Ft/Day 50 FtlDay 50 Ft/Day 20 Ft/Day 25 Ft/Day 25 Ft/Day 25 Ft/Day 25 Ft/Day 25 Ft/Day $�.0� 70.00 180.00 95.00 75.00 125.00 250.00 600.00 350.00 300.00 45.00 150.00 60.00 95.00 250.00 85.00 195.00 350.00 100.00 295.00 1,500.00 175.00 325.00 400.00 650.00 650.00 200.00 300.00 250.00 30.00 8.00 45.00 10.00 12.00 15.00 25.00 15.00 17.50 3.50 4.00 25.00 120.00 10.00 20.00 10.00 20.00 35.00 15.00 30.00 25.00 40.00 35.00 MAINTENANCE AGREEMENT - 14 - 4/2011 � CITY UF -� *�'�... Fe d e ra I SUPPORT L�iTY HALL �� 3332G dth Avenue South Federai �'��ay. v�.�A 980C�3-6325 �253? 835-700Q !;41-b'4�4' i7fl�i�ffP<7E'l;iirbV;3V CU71i 1413 Hose, Suction & Discharge, 4", Chemical 1414 Hose, Suction & Discharge, 6", Petro 1424 Hose, Teflon, 1" Rubber Jacketed or 2" Stainless Braid 1419 Hose, Wash, up to 1" 1426 Stinger, 2", CPVC/SS/Carbon 1427 Transfer Fittings (gauges, nipples, risers, etc,) 1501 Air Knife 1554 Airless Sprayer 1555 Bag Filter System, Single (bag flters add'1) 1502 Bag Filter System, Dual Pod (bag filters add'1) 1567 Banding Equipment, 2-inch 1568 Banding Equipment, 2-inch 1503 Carbon Filtration System, 55 gal drum 1504 Chipping Gun, Pneumatic 1505 Compactor, Hand Operated 1506 Decon Cleaning Pool, Portable 10' x 15' 1507 Decon Cleaning Pool, Portable 10' x 30' 1508 Decon Cleaning Pool, Portable 20' x 100' 1509 Decon Cleaning Pool, Portable 25' x 50' 1510 Decon Station, Personnel2 Stage (supplies add'1) 1553 Decon Station, Personnel3 Stage (supplies add'1) 1511 Electrical Accessories (cords, GFCI, adaptors) t559 Flare, Ground Set, 2" 1560 Flare, Ground Set, 3" 1561 Flare, Stack, 2" 1562 Flow Meter, 2", Stainless Steel 1512 Forklift, SK to lOK lb 1513 Forklift, Attachment 1514 Generator, less than 4 kW 1515 Generator, 4 kW to less than 7.5 kW 1516 Generator, 7.5 kW to 12.5 kW 1517 Handheld Pipeline Locator System 1518 Jackhammer 1519 Ladder, Extension, Folding or Jacobs 1557 Laser Level Kit, 1/16" x 100' 1558 Laser Level Kit, 1/4" x 100' 1521 Light Tower, Trailer Mounted 1520 Light, Explosion-Proof 1570 Light, Explosion-Proof, LED String (lO lights/each) 1522 Light, Stand, Regular, SOOW 1523 Light, Stand, Regular, 1000W 1571 Manway Adapter, 14"-22", stainless steel 1524 Office Space (for command post at NRC as available) 1525 Pipe Plug 4" to 18" (includes 20' air line hose) 1526 Pipe Plug 18" to 24" (includes 20' air line hose) 1527 Pipe Plug 24" to 36" (includes 20' air line hose) 1528 Pipe Plug 36" to 48" (includes 20' air line hose) 1529 Pipe Plug 48" to 60" (includes 20' air line hose) 1572 Portable Toilet, (includes service, wash basin) 1563 Portable Breathing Air Compressor 1530 Power Pack, Hydraulic, 1 hp (<0.75 kW) 1531 Power Pack, Hydraulic, 16 hp (0.75 kW < 12 kW) 1532 Power Pack, Hydraulic, 40 hp (12 kW < 30 kW) 25 Ft/Day 25 Ft/Day 20 Ft/Day 50 FtlDay Day Transfer Day Day Day Day Hour Day Each Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day 60.00 45.00 35.00 10.00 100.00 250.00 150.00 85.00 60.00 75.00 30.00 240.00 350.00 40.00 150.00 125.00 200.00 550.00 275.00 50.00 75.00 14.00 200.00 300.00 100.00 150.00 275.00 100.00 50.00 115.00 165.00 150.00 150.00 40.00 55.00 15.00 175.00 44.00 440.00 16.00 60.00 300.00 1,500.00 95.00 155.00 175.00 215.00 350.00 100.00 375.00 50.00 138.00 275.00 MAINTENANCE AGREEMENT - 15 - 4/2011 . � �< t...... COMMS CiTY QF Federai 1533 1564 1534 1535 1536 1537 1538 1539 1556 1540 1541 1542 1543 1565 1544 1545 1546 1547 1566 1548 1549 1550 1551 1552 1601 1602 1603 1604 1605 1606 1607 1608 C!T'r HAL� W�� 3332� 8th �venue �outh Federa� v�Jay, V��A 98a03-6325 � 253 i 835-i000 „':,'v'lV ;;i)'yi,{fR _1r)/:7r44c)V r,'i trn Power Pack, Hydraulic, 60 hp (30 kW < 45 kW) Power Pack, Hydraulic, 75 hp (45 kW - 56 kW) Road Closure Signs, reflective Road Closure, Barricades, Cones, Delineators Sand & Floor Dry Spreader Attachment Saw, Chain Saw, Cutoff Soil Sampler, Hollow Stem Surf Rake, Mode1600 HD Tools, Hand (brooms, shovels, etc.) Tools, Mechanical Set Tools, Non-Sparking Tools, Power, small (drills, sawzall etc.) Trident Magnetic Patch Truck Ramps Vacuum, HEPA (filters add'1) Vacuum, Shop (filters add'1) Vactor/Jetter Attachment (hydro-exca, Drum-It Head, nozzles) Vapor Extraction System, portable Welding Unit / Torch Set, Portable Wildlife Rehabilitation Pool Wildlife Shelter, 19' x 35' Wildlife Shelter, 20' x 20' Yokohama Fenders, 8' diameter Base Station Cellular Phone (airtime over $10 per day add'1) Computer and/or Printer GPS Unit High Power Repeater System w/Generator Radio, UHF or VHF, Portable Satellite Phone (includes 20 minutes airtime per day) Satellite Dish for HS Internet SAFETY 1701 Air Sampling Kit (tubes add'1) 1702 Chest or Hip Waders, Insulated Cooling Vests 1703 Chlorine A/B/C Response Kits (gaskets add'1) 1726 Cylinder Containment Device 1727 Complete TurnoutBunker Gear 1704 Eyewash Station 1705 Drager CMS Meter 1706 Floatation Work Suit 1707 Floatation Work Vest, PFD 1710 Harness (including Lanyard or SRL) 1730 Hazcat Kit 1711 Meter, 4EC Radiation 1712 Meter, LEL/02/H2S/CO 1725 Meter, LEL/02/H2S/CO/PID 1713 Meter, Jerome Mercury 1723 Meter, Lumex Mercury 1714 Meter, Personal / Gillian, Single/4-gas 1715 Meter, Personal / Particulate Monitoring 1716 Meter, PID Day Day Day/Each Day/Each Day Day Day Day Day Each/Day Each/Day Each/day Each/Day Day Day Day Day Day/Each Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Each/Day Day Day 50�.�� 750.00 50.00 5.00 95.00 60.00 125.00 50.00 750.00 5.00 50.00 15.00 35.00 1,000.00 150.00 250.00 50.00 95.00 350.00 85.00 200.00 2,000.00 750.00 175.00 75.00 35.00 95.00 50.00 300.00 25.00 75.00 125.00 40.00 25.00 500.00 2,000.00 275.00 35.00 200.00 50.00 10.00 25.00 150.00 350.00 150.00 250.00 600.00 850.00 40.00 150.00 200.00 MAINTENANCE AGREEMENT - 16 - 4/2011 CITY OF ��'�....-� Fe d e ra I CIT`i' HALL W� 3�37� c`%th Av21'�U@ SOUth � �ederal 'v^Jay. 4iV�1 98�703-6325 ( 253 j 835-700Q 'r'�.'}i'tL' �::1t�;i)lfFdBt=-N44r3ti�C�1tTt 1717 Mercury Vacuum (consumables add'1) 1728 Midland Capping Kit 1724 Remote Drum Drilling Unit 1708 Respirator, Full Face (cartridges add'1) 1709 Respirator, Half Face (cartridges add'1) 1718 Salvage Cylinder/Coffm 1719 SCBA or Egress Bottles w/ lines 1729 SCBA or Egress Bottles w/ lines, Refill 1720 Six Pack / Regulated Air Supply (includes up to 300' 1721 Tripod and Winch 1722 Truck Rollover/Cylinder Drill KitBetts Valve Day Day Day Day Day Day Day/Each Day/Each Day Day Day 750.00 1,000.00 600.00 25.00 20.00 1,500.00 125.00 25.00 300.00 250.00 400.00 Equipment Terms: 1. NRC does not rent equipment in a bare condition. All equipment shall be operated and controlled by NRC Personnel only. All equipment sent to site by NRC shall be in a basic operating condition. Additional components charged to customer include, but are not limited to, multiple hose lengths, blast shields, specialty tips or fittings, specialty connections, noise abatement, catalytic converters, etc. Equipment prices do not include fuel, operator or mobilization unless atherwise stated. Fuel consumed in non-mileage related operation of equipment, including vehicle and non-vehicle equipment and vessels, will be charged at cost plus 15%. Vacuum truck washouts will be charged at cost plus 15%. Regulatory permits and environmental fees (HP Fees, BTU Fees, etc) shall be assessed at cost plus 15% based upon the equipment and duration of such unit. 2. Time charges are calculated portal to portal, including any demurrage beginning with equipment mobilization activities from the NRC office or operations center unless otherwise specified, including all time at the site. Time charges terminate at the conclusion of the operation, which includes transportation of equipment back to NRC office or operations center and completion of any necessary demobilization activities, including disposal, cleaning, repair, replacement andJor delivery to NRC of restored equipment. 3. Day rates are based on 8 hours of operation. Equipment will be charged in half-day increments for additional hours over 8, up to a total of 3 days charge during a 24-hour period. Minimum charge for daily rate equipment is daily charge per day. Minimum call out for hourly equipment is four hours per day for local projects and eight hours per day for projects over 50 miles from mobilization site. Customers will be charged for unused requested equipment until released and returned to service per Note 2. 4. Equipment not specified on the Price List will be charged at cost (including rental, insurance, freight, fuel, etc.) plus 15%. 5. In addition to payrnent of rental charges, Customer agrees to pay NRC, in accordance with rates contained in this Price List, for any cleaning or repairs necessary to return all equipment to the same condition as at the commencement of services (with the exception of normal wear and tear). Customer is also responsible for the payment of all transportation and disposal charges for any waste generated during cleaning. Only NRC or its subcontractors shall perform any cleaning and decontamination operations on all equipment owned, rented or subcontracted by NRC. If NRC determines that equipment cannot be returned to the condition it was in at the commencement of the services, Customer shall pay for all costs at cost plus 15%, including freight and other expenses incurred by NRC to replace this equipment. All boom, whether new or used, that is damaged beyond repair shall be replaced by NRC with new boom at Customer's expense at cost plus 15%, including freight and other expenses. MAINTENANCE AGREEMENT - 17 - 4/2011 CITY Of �'�.... Federai MATERIALS AND SUPPLIES CATEGORY ITEM # BAGS/ SHEETING CLEANERS CONTAINERS SAFETY ��TY" H,�L� W�� ;3325 a?h A�enue South Federa� v�day ��`�i.A �8003-0325 i 253 � 835-7000 4YYY'L4 4-�!t'Vi?{�EC'�E:f ci�bVt3y C(ilit DESCRIPTION UNIT RATE M100 Bulk Bag, 1 yard M101 Plastic Bag, 36" x 60", 6 mil, 50/roll or box M102 Plastic Bag, 36" x 60" (drum liner) M 103 Roll Off Box Liner M104 Sheeting, 20' to 32' x 100', 10 mil M105 Sheeting, 20' to 32' x 100', 6 mil M205 Cleaner, Hand, 14 oz tub n M200 Cleaner, Hand, 1 gallon M201 Cleaner, Marine/Industrial (Simple Green or M202 Disinfectant (bleach, A-33, or equivalent) M204 Decon Solvent (HD Citrus Degreaser, BioSolve, M207 Mercury Cleaning Solution M206 Mercury Vapor Suppressant M318 M301 M313 M302 M319 M303 M304 M320 M305 M314 M306 M315 M316 M307 M308 M309 M310 M317 M311 M320 M322 M312 1 Gallon, Poly Pail 5 Gallon, Bucket w/ Lid 5 Gallon, Plastic Carboy 10 Gallon, Open Top, Steel 15 Gallon, Open Top; Poly 20 Gallon, Open Top, Steel 30 Gallon, Open or Close Top, Refurbished 30 Gallon, Open or Close Top, Steel, New 55 Gallon, Close Top, Steel, Refurbished 55 Gallon, Close Top, Steel, New 55 Gallon, Open Top, Steel, Refurbished 55 Gallon, Open Top, Steel, New 55 Gallon, Open ar Close Top, Poly, Refurbished 55 Gallon, Open or Close Top, Poly, New 85 Gallon, Overpack, Unlined, Black 85 Gallon, Overpack, Lined, Yellow 95 Gallon, Overpack, Poly 275-300 Gallon, Liquid Tote, DOT, Recon 275-300 Gallon, Liquid Tote, DOT, New Fluorescent Tube Disposal Container, 4' Fluorescent Tube Disposal Container, 8' Triwall Box; Cubic Yard, DOT Approved M400 Acid Suit, 1 Piece M401 Boot, Steel Toed, PVC/Nitrile M442 Face Shield M402 Glove, Work Glove M403 Glove, Inner, Cotton, Latex or Nitrile M404 Glove, Inner, Cotton, Latex or Nitrile M405 Glove, Silver Shield M406 Glove, Medium Duty, PVC M407 Glove, Heavy Duty, PVC M408 Glove, Heavy Duty, Butyl Rubber M409 Hard Hat M410 Overboot, Disposable M425 Protective Gear Level A M426 Protective Gear Level B M427 Protective Gear Level B, Change M428 Protective Gear Level C Each Ro1UBox Each Each Roll Roll Each Each Gallon Gallon Gallon Gallon Pound Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Pair Each Pair Pair SOBox Pair Pair Pair Pair Each Pair Each Each Each Each 31.00 100.00 3.00 35.00 155.00 115.00 5.00 30.00 25.00 5.00 80.00 65.00 35.00 10.00 18.00 20.00 95.00 79.00 66.00 80.00 90.00 60.00 90.00 64.00 90.00 71.00 90.00 225.00 255.00 265.00 230.00 450.00 38.00 68.00 125.00 90.00 28.00 10.00 3.00 1.00 30.00 5.00 4.00 8.00 30.00 28.00 7.00 1,400.00 450.00 300.00 85.00 MAINTENANCE AGREEMENT - 18 - 4/2011 � CITY OF ��'�.. F'ederal CATEGORY ITEM # -- --- - ---- ___ ---- _- -- M429 SORBENTS MISC. CIT'Y Hr�LL �� 33�32� 3th avenue South Federai `�"Vay v�i�, 98003-6325 (253i 835-7000 �,wv��v� citYo�fedar,31w�3Y c:c�n, DESCRIPTION - --- _ __.. Protective Gear Level C, Change M430 Protective Gear Level D M431 Protective Gear Level D, Change M432 Rain Gear, 2 Piece M445 Rescue Rope, Lifeline or Tagline M433 Respirator, Cartridge, Single, OV, Acid Gas, P100 M443 Respirator Cartridges, Combo M434 Respirator, Cartridge, Mercury/chlorine M436 Safety Eyewear M438 Safety Vest M444 Thermo Pro M439 Tyvek Suit, Saran-Coated, Disposable M440 Tyvek Suit, Uncoated, Disposable M441 Tyvek Suit, Poly-Coated, Disposable M500 M501 M512 M502 M503 M519 M504 M505 M513 M506 M507 M508 M509 M510 M514 M511 M621 M600 M619 M601 M602 M617 M618 M604 M622 M623 M606 M620 M607 M612 M613 M624 M603 M614 M616 M801 M850 M851 Absorbent, Chemical Stabilizer, 35 lb Absorbent, Absorb X Chemical pads, 15" x 9", 100Ba1e Floor Dry 25 lb Neutralizer (citric acid, soda ash or bicarbonate) Neutralizer, liquid Oil Snare on Rope, 50 RBag Oil Snare, 30/Carton Orange Construction Fence, 4'x100' Sorbent Boom 5" x 10', 4Bale Sorbent Boom 8" x 10', 4Bale Sorbent Roll, SXT 638, 38" x 144' x 3/8" Sorbent Sheet 17" x 19" x 3/8", 100Ba1e Sorbent Sweep 17" x 100' x 3/8" Straw Waddles, 25 ft/IZoll Vermiculite, 4 cu.ft. Bag Air Mover Dry Filter Sock Banner Tape, 3" Catch Basin Filter Cotton Rags, 25 lb BoxBale Decon Pool, Small Personnel Flex Hose, Consumable, 4" Flex Hose, Consumable, 6" Duct Tape, 2" HEPA Vacuum Consumables, Standard HEPA Vacuum Consumables, Complete Mercury Vacuum Consumables Change Out Negative Air Exhaust Consumables Change Out Petro Flag Test Kit Photo Documentation, Disposable or Digital Poly Rope, 600', up to 1/2" Sample Pump Sampling Tubes and Supplies Sand Bags, Filled Sprayer, Hand Held (Hudson), 3 gal. Water, Drinking, 24/case Mileage for Car (M850 + Eq Item#)"°`e � Mileage for Trucks/Vans (M851+ Eq Item#)"°`e' UNIT Each Each Each Set 10 Ft Pair Pair Pair Each Each Each Each Each Each Bag Bag Bale Bag Bag Gallon Bag Carton Roll Bale Bale Roll Bale Each Roll Bag Each Roll Each Each Each Foot Foot Roll Each Each Each Each Per Test Each Roll Each Each Each Each Case Mile Mile RATE 55.00 35.00 20.00 20.00 12.00 28.00 39.00 53.00 7.00 32.00 450.00 30.00 12.00 14.00 130.00 17.50 90.00 10.50 160.00 40.00 135.00 110.00 64.00 100.00 185.00 185.00 75.00 130.00 cl 11 18.00 20.00 53.00 50.00 30.00 1.50 3.00 8.00 50.00 450.00 75.00 170.00 35.00 35.00 90.00 25.00 7.00 8.50 55.00 14.00 MAINTENANCE AGREEMENT - 19 - 4/2011 0.65 0.75 CITY OF �.... Federal CATEGORY ITEM # --------___ M852 M860 M870 M880 M881 M882 M901 M902 D903 CIT`r' Hr'+LL �� 33325 3tn Avenue South Y Federa� Way v�rA 98�03-6325 i 253 j 835-700d �::^� vav �_ r[yo�`e<ierii�v<�y ��ar„ DESCRIPTION _--__ _ _ __- - --- Mileage for Commercial Trucks (M852+Eq Equipment Fuel (Gasoline) (M860 + Eq Equipment Fuel (Diesel) (M870+ Eq Item#)"°`eS �. s Bridge Toll, Vehicle Bridge Toll, Vehicle w/ Trailer Bridge Toll, Semi w/ Trailer Transportation to TSDF, Triwalls Transportation to TSDF, Drums Disposal of Non-Haz Liquid Waste at NRC UNIT Mile Gallon Gallon Each Each Each Each Each Gallon RATE 0.95 4.50 5.00 8.00 28.00 30.00 160.00 45.00 0.35 Materials and Supplies Terms: 1. All materials and supplies utilized, whether listed in daily reports or not, are chargeable. Any materials or supplies not listed on Price List, including Wildlife Trailer supplies and expendables and third-party invoices for services, charged at cost plus 15%. 2. Quotes for waste disposal are based on meeting approved profiles. NRC will assist Customer in identifying disposal facility options and provide price quotes. However, this does not constitute a referral and it is the sole responsibility of the Customer to designate the disposal facility. NRC will not take title to any wastes: dangerous, hazardous or non-hazardous. 3. The number of change-outs of Personal Protective Equipment (PPE) are based on conditions occurring in the work area. PPE shall be changed at a frequency that conforms to safety practices to prevent exposure to employees during the work activity. PPE categories: Level D: Coveralls/LTniform, Steel Toe Boots, Safety Glasses, Work Gloves, Hard Hat and Safety Vest as applicable; Level C: Level D plus, Disposable Tyvek, Full Face or Half Face Respirator (excluding cartridges) ; Level B: Level C plus supplied air and egress air bottle or SBCA (Supplied air equipment includes mask, 100' air supply hose, supplied air, bottle manifold and egress bottle or SBCA); Level A: Quoted per Price List for specific project requests and requirements 4. Petroleum based products prices subject to change at any time based on increased manufacturing costs. 5. NRC reserves the right to substitute products of equal quality and construction without affecting the performance. NRC applies the Brand Name of a product as a reference only, and reserves the right to substitute the product for similar and or equivalent products as it deems necessary. 6. NRC use of facility-directed or customer-directed decontamination products, including but not limited to degreasing agents, cleaners, strippers, conditioners, cutter stock, etc , shall be done at the facility's or customer's risk. 7. Fuel increase surcharges will be applied as follows to Mileage and Equipment Fuel rates: $0.01 per mile added to Car rate (M850) for every $0.05 over $3.50 per gallon for gas; $0.02 added to Truck rate (M851) for every $0.05 and $0.03 added to Commercial rate (M852) for every $0.05 over $4.00 per gallon for diesel; Equipment Fuel rate increased $0.0125 per gallon for every $0.01 per gallon increase over $3.50 per gallon for gas (M860) and $4.00 per gallon for diesel (M870). Surcharges calculated using gas and diesel prices at time of service for the applicable city or region of service per U.S. Energy Information Administration statistics available at www.eia.�. 8. Vehicle and Equipment fuel usage (non-driving) charges are applied at the following burn rates: Extra Heavy Equipment (Guzzler, Jetter, etc.) = 6 gals/hr operated; Heavy Equipment (Tractors, Vac Trucks, >50 HP Compressors, Water Blasters, Large Generators, etc.) = 3 gals/hr operated; Light Equipment (Pressure Washers, Compressors <50 HP, Light Towers, Small Generators) = 1 gal/hr operated. MAINTENANCE AGREEMENT - 20 - 4/2011 0 �; orporations: Registration Detail Corporation Detail Page 1 of 2 Neither the State of Washington nor any agency, officer, or employee of the State of Washington warrants the accuracy, reliability, or timeliness of any information in the Public Access System and shall not be liable for any losses caused by such reliance on the accuracy, reliability, or timeliness of such information. While every effort is made to ensure the accuracy of this information, portions may be incorrect or not current. Any person or entity who relies on information obtained from the System does so at his or her own risk. All documents filed with the Corporations Division are considered public record. NRC ENVIRONMENTAL SERVICES INC. UBI Number Category Profit/Nonprofit Active/Inactive State Of Incorporation WA Filing Date Expiration Date Inactive Date Duration Registered Agent Information Agent Name Address City State ZIP 601421393 REG Profit Active WA 10/23/1992 10/31 /2013 Perpetual NATIONAL REGISTERED AGENTS INC 505 LINION AVE SE STE 120 OLYMPIA 1�� 98501 http://www. sos.wa. gov/corps/search_detail.aspx?ubi=601421393 5/22/2013 . , Corporations: Registration Detail Special Address Information Address City State Zip Governing Persons Title President,Director Vice President Vice President,Secretary Vice President,Treasurer Chairman ,Director Page 2 of 2 Name Address 3500 SUNRISE HWY STE CANDITO , STEVE T103 GREAT RIVER , NY 11739 ROLOFF , TODD 1605 FERRY POINT ALAMEDA , CA 94501 3500 SUNRISE HWY STE WARD SR , CHRISTOPHER T103 GREAT RIVER , NY 11739 2200 ELLER DRIVE CENAC , MATTHEW PO BOX 13038 FORT LAUDERDALE , FL 33316 2200 ELLER DRIVE FABRIKANT , ERIC PO BOX 13038 FORT LAUDERDALE , FL 33316 Purchase Documents for this Corporation » « Return to Search List http://www. sos.wa.gov/corps/search_detail.aspx?ubi=601421393 5/22/2013 CSDC eNtraprise - City of Federal Way's Online Services �nwfl� �,� Federal Way WAS H INGTQI�1 . ��h e-Permits HOME ■ Terms & Conditions PUBLIC INFORMATION a Locate a Business ■ Permits Information ■ Issued Permits ■ Contractor Search REGISTERED USERS ■ Aoolv for Permit ■ View Mv Permits ■ Reauestlnsoectfon ■ New Reaistration ■ Update Re4istration ■ Loqin �~�: �..r' Page 1 of 1 Online Permitting PERMIT/BUSINE55 DETAILS Reference File Work Application Expiration ID Na� Description Sub Type TYPe Name Status Date Issue Date Date i t 101719 000 00 Business Non-Resident Other NRC ENVIRONMENTAL SERVICES Open May 5, 2011 �Y 6' Dec 31, 2013 BL Regis[ration Busi�ss INC 2011 PROPERTY DETAILS Number Pre. Street Street p�� Suite Sui[e ��[y State Zip Legal Desc Type Type Number 9520 10TH AVE 5 Suite 150 SEATTLE WA 98108 PEOPLE DETAILS Desc. Org. Name � Address City SWte 21p PhoneN Applicant NRC ENVIROW�AENTAL SERVICESINC 9520 tOTH AVE S SUITE 150 SEATfLE WA 98108 (206�607•3000 Business Owner NRC ENVIRONMENTAL SERVICES INC 9520 tOTH AVE S SUITE 150 SEATTLE WA 98108 (206)607-3000 Malling Address NRC ENVIRONMENTAL SERVICES INC 9520 10TH AVE S SUITE 150 SEATTLE WA 96108 (206)607-300D BUSINESS INFO Info. �esc. �a�� Business Ownership Type Corporation S.I.C. Code 1700 - Contractors- Spedal Trade Number of Full•Time Employees in Gry 0 Business Phone Number 2066073000 Number of Part-Time Employees in Gty 0 Date Business Opened May 5, 2011 PERMIT/LICENSE FEE(S) Fee Dex. Fee Amount Balance LIC-BUSINE55 LIC. (1530) LIC•BUS. LICENSE RENEWAL (1532) LIC-BUS. LICENSE RENEWAL (1532) Pracess DescrSptlon Applkatbn Rxeived - BL Application Routing Plannim} Review Renev+al Notice Vre-Issuance Processing - BL Renewal Processing Completed PROCESSES ANO NOTES � SWtus Schedule Date Start Date End Date Closed May 5, 2011 A1ay 5, 2011 Jan 23, 2012 Closed May 5, 2011 Nay 5, 2011 May 5, 2011 Closed May 5, 2011 May 5, 2011 May 5, 2011 Closed Sep 21, 2011 Jan 23, 2012 1an 23, 2012 Closed May 5, 2011 May 6, 2011 May 6, 2011 Closed Sep 21, 20t1 Jan 23, 2012 Jan 23, 2012 575.00 $0.00 $50.00 $0.00 $50.00 $0.00 au�y�a scarr a or Attempts Cathleen Rosskk�253•635•2527) 0 Cathleen Roszick (253-835-2527) 0 Ca[hleen Rossick (253•835•2527) 0 Stephank Courtney (253-835- 0 2543) CaNleen Rossick (253-835•25i7) 0 Stephante Courtney (253•835- � 2543) Powered by CSDC's AMANDA http://epermits.cityoffederalway.com/AMANDAS/eNtraprise/FederalWay/public/public_f... 5/22/2013 �� DATE (MM/DD/YYYY) 'ORD CERTIFICATE OF LIABILITY INSURANCE 05/24/2013 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 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 hoider in lieu of such endorsementls). PRODUCER Ma�sh USA, Inc. 1166 Avenue of the Americas New York, NY 10036 Attn: NewYork.certs@Marsh.com Fax: 212-948-0500 000000-NRGALL-13-14 INSURED NRC ENVIRONMENTAL SERVICES INC. 9520 tOTH AVE. S., SUITE 150 SEATTLE, WA 98108 a: Zurich American Insurance Company B: American Guarantee and Li�i lity Insur�ce Company �: Chartis Specialry Insurance Co. D : WA w4�c p 16535 26247 26883 WA C�VERAGES CERTIFICATE NUMBER: NYG00664094401 REVISION NUAABER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BEIOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWtTHSTANDtNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VNTH RESPECT TO NMICH 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. ��N� TYPE OF INSURANCE A� S�BR POLICY NUMBER MM/DDY/YYYY MID � LIMITS LTR � A GENERAL UAB{LITY GLO 5490851-01 O3I16I2O13 03116/2014 E,qCH OCCURRBJCE S �'�'� X COMMERCIAL GENERAL LIABILITY PR MGE T a oocurre a �'�'� CLAIMS-MADE � OCCUR MED EXP (Any one peson $ 10�� PERSONAL&ADVINJURY 3 �� GENERALAGGREGATE S 2�� GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPlOP AGG 5 2�� X POLICY PRO- ' �� y A AUTOMOBILE LIABILITY BAP5490850-01 03/16I2013 03116/2014 COMBHVED SINGLE L1MIT �� Ea accidert X ANY AUTO BODILY INJURY (Per person) 3 ALL OWNED SCHEDULED BODILY 1NJURY (Per accident) $ H REOD AUT0.S NONOWNED PROPERTY DAMAGE y AUTOS Peracd t $ B X UMSrtEUn uAB X p�CUR AUC 5490862-01 03I16I2013 03116/2014 Ep,CH OCCURREtvCE 5 4�� EXCESS LIAB CLAIMS-MADE AGGREGATE S 4�� DED RETENTION S q WORK�rtS COMaENSanori WC5490852-01 03I16I2013 03I16/2014 X wC STATU- OTH- � AND EMPLOYERS' LIABILITY � ANY PROPRIETOR/PARTNER/EXECUTIVE Y� N E.L. EACH ACCIDENT $ �'�'� � OFFICERIMEMBER EXCLUDED? � N � A (Mandaeory fn NH) E.L. DISEASE - EA EMPLOYE S �� If yes, describe urWer 1�000�000 �� DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ C CONTRACTORS POLL.IE&0 COPS16441004 03I1612013 03116/2014 LIMIT ANY ONE OCCURRENCE: 5,000,000 E&0 SUBLIMIT: 5,000,000 �� DESCRIPTION OF OPERATIONS / LOCA710NS / VEHICLES (ABach ACORD tOt, Additional Remarks Sehedule, it more spaee fs roquind) CIN OF FEDERAL WAY IS ADDITIONAL INSURED ON COMMERCIAL GENERAL LIABILITY AND AUTO LIABILIN INSURANCE POLICIES AS RESPECTS THE OPERATIONS OF NRC ENVIRONMENTAL SERVICES INC. AS REQUIRED BY WRITTEN CONTRACT. WASHINGTON STOP GAP IS INCLUDED IN WORKERS' COMPENSATION. CITY OF FEDERAL WAY CITY HALL 33325 8TH AVENUE SOUTH FEDERAL WAY, WA 98003-6325 ACORD 25 (2010I05} SHOULD ANY OF THE ABOYE DESCRIBED POl{CIES BE CANCELLED BEFORE THE EXPIRATION DATE TF4EREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marah USA Mc. Paul Martelloni N-t's-.�s�t.te..�a �O 1988-2010 ACORD CORPORATION. Aif rigMs resenred. The ACORD name and logo are registered marks of ACURD