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HomeMy WebLinkAboutPW12-206 - Original - AMEC Environment & Infrastructure, Inc. - Russell Road Lower Lowest Levee - 10/25/2012 .C. Records Management KENT Document WgSHINGTON ry= CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: AMEC Environment & Infrastructure, Inc. Vendor Number: JD Edwards Number Contract Number: PW `-�,-aof? This Is assigned by City Clerk's Office Project Name: Russell Road Lower-Lowest Levee Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: /0-as-1 Contract Effective Date: Termination Date: 12/31/13 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Madfai Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Provide geotechnical services for the project. 5•Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT K'ns Hir+cTON CONSULTANT SERVICES AGREEMENT between the City of Kent and AMEC Environment & Infrastructure, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and AMEC Environment & Infrastructure, Inc. organized under the laws of the State of Washington, located and doing business at 11810 North Creek Parkway N., Bothell, WA 98011, Phone: (425) 368-1000/Fax: (425) 368-1001, Contact: James Dransfield (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide geotechnical services for the Russell Road Lower- Lowest Levee Project. For a description, see the Consultant's August 31, 2012 Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2013. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Four Thousand, Five Hundred Sixty Nine Dollars and eighty three cents ($24,569.83), plus applicable Washington State sales tax, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 5 B. The Consultant shall submit monthly payment voices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative licy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. a A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) other representative of thpity, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) /t 1 (signature) Print Name: -��CkAxtzs P nt Na uzette Cooke Its (Fr l K c.tr 6,C I Mayor (title) DATE: ld +9JIt✓ DATE: 6 a� NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: James Dransfield Timothy J. LaPorte, P.E. AMEC Environment & Infrastructure, Inc. City of Kent 11810 North Creek Parkway N. 220 Fourth Avenue South Bothell, WA 98011 Kent, WA 98032 (425) 368-1000 (telephone) (253) 856-5500 (telephone) (425) 368-1001 (facsimile) (253) 856-6500 (facsimile) APPRO ED AS O FO Kent Law Department AMEC-Russell Rd Levee/Madfai CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 1 During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. S. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this 1-7� day of © c.1 ��� , 20!� By: For: Title: Date: 101f-7 �(-✓ EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of AMEC Environment & Infrastructure, Inc. Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Russell Road Lower-Lowest Levee that was entered into on the October 25, 2012 (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. For: G c=nviro,,wkz_,4- &, Te,-( .,skud*e. Title: Pei A( VIJ Date: EEO COMPLIANCE DOCUMENTS - 1 EXHIBIT A ameO August 31, 2012 AMEC Project 1917-17156-0 City of Kent Public Works Engineering 400 West Gowe Street Kent, Washington 98032 Attention Mr Mark Madfai, P E Subject: Proposal for Additional Services Factor of Safety Bank Failure at Dog Kennel CLOMR Updates Russell Road Lower-Lowest Levee Kent, Washington Dear Mark- At your request, AMEC Environment& Infrastructure, Inc (AMEC) is pleased to submit this scope of work and budget estimate to provide additional geotechnical and related services for the above- referenced project We completed the CLOMR application and submitted Response to Review Comments in March 2012 At your request, we have been providing geotechnical services related to three additional items as follows Factor of Safety Review—We were requested to provide a memorandum describing our basis of design for the sudden drawdown case factor of safety As of this writing, we have provided draft versions of the memorandum for review and comment We anticipate minor additional revisions and response to review comment may be required Bank Failure at Dog Kennel —We were requested to provide an evaluation of the bank failure that occurred last winter/ spring in front to the Dog Kennel property We made a site visit and performed slope stability evaluations based on available site and subsurface information, and a draft report on our findings has been submitted for your review and comment We anticipate one to two additional rounds of revisions prior to finalization of this report Ongoing Support for Levee Certification —We understand ongoing geotechnical services are anticipated in support of levee certification activities One outstanding issue relative to the CLOMR application for the Lower-Lowest Russell Road levee is the high ground tie-in to existing roadways at AMEC Environment&Infrastructure,Inc 11810 North Creek Parkway N Bothell,Washington 98011 (425)368-1000 Phone (425)368-1001 Facsimile www amec com P 117156-0 Kent Levee Russell ROad1PWAddltwnal Sernces 8 6 20121Proposal for addNonal seances-8 31_2012 dou amecO S 2121h Street and S 231st Street Another Issue Is the final alignment of the roadway and setback levee In the vicinity of the warehouse property, which may require a retaining wall AMEC would provide the geotechnlcal design support for evaluation of the retaining wall AMEC would then prepare supplemental reports to FEMA as required to address these modifications AMEC would also be available to provide other on-call support services as required COST ESTIMATE As of this writing we have expended our original budget of$239,930 The estimated cost for the additional consultation on these three tasks is $24,570 We have presented this as a budget amendment request In addition to our currently authorized budget of$239,930, bringing our total budget to $264,500 AMEC services will be performed on a time-and-expenses basis, using a cost plus fixed fee form of contract An approximate breakdown of hours for these additional services Is attached The actual distribution of labor hours per category may vary from the estimate Our fee estimate for additional services is presented as Exhibit A, and direct salary costs for staff that would be working on this project are presented as Exhibit B, attached Sincerely, AMEC Environment& Infrastructure, Inc. James S Dransfield, P E Principal Geotechnical Engineer Enclosures: Level of Effort Hours Estimate Exhibit A— Summary of Additional Costs Exhibit B— Summary of Staff and Rates AMEC Environment& Infrastructure, Inc Project No 1917-17156-0 2 P\17156-0 Kent Levee Russell Road\PWAdddional Seances 8 6 20121Proposal for additional services-8 31_2012 docx Level of Effort Hours Estimate ame Qa r Task 4esen 0n- • ••• houm ON CALL SUPPORT Factor of Safety Letter 6 2 Dog Kennel Bank Evaluation 8 2 8 8 4 2 On Call Support of Levee Certification 48 21 4 321 16 8 4 total hours per category 64 2 8 40 24 12 6 156 3 a d ame EXHIBIT A - SUMMARY OF ADDITONAL COSTS Russell Road Levee Certification S 212th Street to S 231 st Street Kent, Washington DIRECT SALARY COST(DSC)- Task Classification (AMEC Class Code) Hours x Hourly Rate = Cost Task Total Senior Principal(622 to 624) 64 $69 95 $4,476 80 Principal (618 to 621) 2 $60 90 $121 80 Associate (617) 8 $45 40 $363 20 Senior Project Engineer(616) 0 $41 62 $0 00 Senior Project Geologist(615) 40 $41 06 $1,642 40 Project Engineer/Geologist(614) 0 $37 28 $0 00 Senior Staff Engineer/Geologist(613) 0 $32 10 $0 00 Staff Engineer/Geologist(611 to 612) 24 $28 63 $687 12 CAD Drafting (516) 12 $28 98 $347 76 Word Processing (806) 0 $17 89 $0 00 Clerical (805 to 807) 6 $19 79 $118 74 TOTAL DSC 156 $7,757 82 OVERHEAD COST (OH COST -including salary additives): OH Rate of 1 837 x DSC 1 837 x $7,757 82 = $14,251 12 DSC +OH $22,008 94 FIXED FEE(FF): FF Rate of 0 10 x(DSC+OH) 0 1 x $22,008 94 = $2,200 89 REIMBURSABLES: Field Expenses(mileage, equipment,etc) $360 00 Laboratory Testing* $0 00 Drilling Subcontractor* $0 00 Cone Probe Subcontractor* $0 00 Traffic Control Subcontractor* $0 00 TOTAL REIMBURSABLES = $360 00 TOTAL $24,569.83 includes 10%markup ame EXHIBIT B - SUMMARY OF STAFF AND RATES AMEC Class 2011 Direct Salary Staff name Code Hourly Rate r Principal Jim Dransfield 624 $69 95 Jim French 621 $60 90 Associate Joe File 617 $45 40 Todd Wentworth 617 $45 14 Steven Siebert 617 $46 57 Senior Project Engineer Carlo Evan elisti 616 $41 62 Senior Project Geologist HenryBrenniman 615 $4106 Bill Lockard 615 $40 29 Project Geologist Konrad Moeller 614 $37 28 Senior Staff Geologist Pat Reed 613 $32 10 Staff Engineer Mm ae Park 611 $28 63 Drafter Jeff Sanders 516 $28 98 Word Processor Lucas Stonehouse 806 $17 89 Clerical Crystal Fitzgerald 807 $19 79 Donna Wilson 805 $16 30 r EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant 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 Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT C (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant'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 Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant 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. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. j ��•-1 ® DATEMM/DDIYYYY) AFRO CERTIFICATE OF LIABILITY INSURANCE IW2312012 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 co IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the pollcy(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 holder In lieu of such endorsements) PRODUCER CONTACT L AOn Risk SerVlCeS Northeast, Inc NAMEPHONE FAX i Morristown NJ Office WC No Ext) (866) 263-7122 A/C No C847) 953-5390 a 44 Whippany Road, suite 220 E MAIL p Morristown NJ 07960 USA ADDRESS = INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA American Zurich Ins Co 40142 AMEC Environment BI infrastructure, Inc INSURER Zurich American Ins Cc 16535 11810 North creek Parkway N Bothell WA 98011 USA INSURER chartis Specialty insurance Company 26B83 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER-570047972703 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY 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 Limits shown are as requested INSR TYPE OF INSURANCE A BIR POLICY NUMBER POLICY POLICY EXP LIMITS LTR INSR MID MM/DD/YYYY MWDD/YYVV B GENERAL LIABILITY GLO EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMb GE TO RENTED $100,000 PREMISES'Ea occurrence CLAIMS-MADE X❑OCCUR MED EXP(Any one person, $5,000 PEkSONAL&AD'J INJURY $1,000,000 p GENERAL AGGREGATE $2,000,000 n GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS COMPIOPAGG $2,000,000 POLICY X PRO X LOC o B AUTOMOBILE LIABILITY BAP 94 8 314 8-01 OS 01 201 05/01/2013 COMBINED S NGLE LIMIT a acwlda-u $1,000,000 Ix ANY AUTO BODILY INJURY(Per person) 0 ALL OWNED SCHEDULED BODILY INJURY(Per accident) W AUTOS AUTOS HIREDAUTOS X NCN-CANED PROPERTY DAMAGE U AUTOS Per accldem) — Y m UMBRELLA LIAB H OCCUR EACH OCCURRENCE U EXCESS LIAB CLAIMS-MADE AGGREGATE DED RLTENTION A WORKERS COMPENSATION AND WC350486611 05/01/2012 05/01/2013 X WC STATU OTH EMPLOYERS LIABILITY YIN TORV LIMITS ER ANY PROPRIETOR,PARTNER EXECUTIVE ❑ E L EACH ACCIDENT $1,000,000 OFFICERWEMBER EXCI UDECI N NIA (Mandatory in NH) EL DISEASE-EA EMP_GYEE $1,000,000 It yes cescnbe under DECOR PTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $1,000,000 c Pollution Cvg CPL17732600 05/01/2012 05/01/2013 Any Claim $1,000,000 Pollution / Professional Aggregate $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES(Attach ACORD tet Additional Remarks Schedule,d more space Is required) RE Project Start Date 10 17 12, Contract value $24,569 83 where required by Written contract, City of Kent - Public Works Department is included as Additional insured as respect to General Liability and Automobile Liability policies {L `s I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE '"s{ EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS City of Kent - Public works Department AUTHORIZED REPRESENTATIVE Attn Nancy YOshitake West Ken Kent WA 980328032 USA ©1968-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Additional Insured—Automatic — Owners, Lessees Or Contractors Z U RlCH Pot c No I Fxp Date of Pot I Eff Date of End I Agency No Add'[ Prem I Return Prem GLO337359911 05 01 2013 05/01/2012 1 1 $ THE ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insui ed: Amec USA Holdings,Inc Address(including ZIP Code): This endorsement modifies insurance provided under the Commercial General Liability Part A. Section II-Who Is An Insured is amended to include as an insured any person or organization who you are required to add as an additional insured on this policy under a wi itten cone act or written agreement B. The insurance provided to the additional insured person or organization applies only to "bodily injury'', "property damage" or"personal and advertising injury' covered under Section I- Coverage A, Bodily Injury And Property Damage Liability and Sechou I-Covei age B-Personal And Achei Using Injury Liability,but only with respect to liability for'bodily injury','property damage'or"personal and advertising injury"caused,in whole or in part.by 1 Your acts or caussions;or 2 The acts or omissions of those acting on your behalf,and resulting directly from a Your ongoing operations,performed for the additional insured at the location designated and described in the Schedule;or b "Your work" completed as included in the "products-completed operations hazard", performed for the additional insured,which is the subject of the wnllen wntract or agreement C However,regardless of the provisions of paragraphs A and B above 1 We will not extend any insurance coverage to any additional insured person or organization a That is not provided to you in this policy,or b That is any broader coverage than you are required to provide to the additional insured person or organization in thewamtten contract or written agreement,and 2 We will not provide Limits of Insurance to any additional insured person or organization that emceed the lower of a The Limns of Insurance provided to you in this policy,or b The Limits of Insurance you are required to provide in the written contract or written agreement U-OL-1175-11 Cw(R2007) Page 1 of2 Includes copyrighted uratenal of Insurance services Office,Inc,with its permission Agent Copy A The insurance provided to the additional insured person or organization does not apply to "Bodily injury,"property damage"or"personal and advertising injury'arising out of the rendering or failure to render any professional architectural,engineering or surveying services including l The preparing,approving or failing to prepare or approve maps,shop drawings,opinions,reports,surveys, field orders,change orders or drawings and specifications,and 2 Supervisory,inspection,architectural or engineering activities E. The additional insured person or organization must see to it that 1 We are notified as soot as practicable of an"occurrence,or offense that may result in a claim, 2 We receive written notice of a claim or `suit"as soon as practicable,and 2 A request for defense and indemnity of the claim or'suit"will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity This provision does not apply to insurance on which the additional insured is a Named Insured if thewntten contract or written agreement requires that this coverage be primary and non-contributory F. With respect to the Insurance provided by this endorsement I The following paragraph is added to Paragraph 4.a of the Other Insurance Condition of Sectlon IV — Commercial General Liability Conditions This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this insurance be primary and non-contributory In that event,we will not scek contribution from any other insurance policy mailable to the additional insured on which the additional insu,ecl person or orgamzauon is a Named Insured 2 The following paragraph 4 b of the Other Insurance Condition of Section IV—Commei aal General Irabihty Conditions, This insurance is excess over Any of the other insurance,whether primary, excess,contingent or on any other basis, available to an additional insured,in which the additional insured on our policy is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same'occurrence",claim or `suit" This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as written i U-OL-1175-B CW(3/2007) Page 2 of 2 Includes copyrighted material of Insurance Services Office,Inc,with its pennissioa Agent Copy POLICY NUMBER BAP9483148-01 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATE® INSURE® This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement This endorsement identifies person(s) or organization(s) who are 'Insureds"under the Who Is An Insured Provision of the Coverage Form This endorsemert does not alter coverage provided in the Coverage Form This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below Endorsement Effective Countersigned By, Named Insured Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): AUY PEPSCN OR "'RCAN ; ZL :ON TO r�WHOM OR i'11TCH YOU ARr; RE,�(7l"RBD TO PROV Tf)'; ZD-TTTCN M� TPdSuRP l) ST TU OR ADD! -,'i()NAL T_`v.` 'l'?.I'D GDi i PP1MA'R � N0N-CCNIi�I_3U l")Rq 13aSIS, IN [� W��=`:7 LN CGIV'?1'AC'1 CJ< i'IRi'1"I`1s1V AGREEMENF EXECUTED _ RIOR TO LOSS, EXCEPT iN7!iERI, St'Csi ODl C OR ACRE-EMENT 1S PROII-iRITLD BY LAW (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement) Each person or organization shown in the Schedule is an 'insured"for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Secbon If of the Coverage Form CA 20 48 02 99 Copyright, Insurance Seances Office, Inc , 1998 Page 1 of 1 ❑ Inw,rec Gopy PUBLIC WORKS DEPARTMENT Timothy 3. LaPorte P E., Public Works Director Phone 253-856-5500 KENT Fax 253 856 6500 447 W"S"INGT0N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: September 4, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: September 17, 2012 From: Mark Madfai, Design Engineering Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Consultant Services Agreement/AMEC Environmental & Infrastructure, Inc. - Russell Road Lower-Lowest Levee Item - 8 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with AMEC in an amount not to exceed $24,570 to provide Geotechnical and Levee Certification Services for the Russell Road Lower-Lowest Levee, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: In December 2010 the City selected AMEC to prepare the Levee certification report for the Conditional Letter of Map Revision (CLOMR) request for the Lower-Lowest Russell Road Levee. The CLOMR was completed and sent to FEMA in April 2011, The CLOMR review has been placed on hold by FEMA pending the resolution of the "High Ground" tie in point. The City is working the Washington State Department of Transportation and Federal Highway Administration to solve this issue and update the CLOMR reports so the review can continue. AMEC is also analyzing the risk and providing recommendations for repair of an embankment failure in this levee segment. This contract will be for AMEC to prepare a report on the embankment failure and to update the CLOMR and address any additional comments from FEMA once their review continues. pn Budget Impact: Funding for this contract is included in the existing project budget 0 REQUEST FOR MAYOR'S SIGNATURE ON Please FIII in All Applicable Boxes N 4sFiHGront rm tiust be printed on cherry paper Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator, Mark Madfai Phone (Originator) 5521 Date Sent Date Required �o�3�Cla Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/13 VENDOR NAME: AMEC Environment & Infrastructure, I DATE OF COUNCIL APPROVAL: 10/2/12 Brief Explanation of Document The attached agreement is for AMEC Environment& Infrastructure to provide geotechnical services for the Russell Road Lower-Lowest Levee Project For a summary, see the attached prepared by Mark Madfal All Contracts Must Be Routed Through the Law Department (This Aiea to be Completed By the Law Depai tment) Received. - 1 E Approval of Law Dept -,._ €.ice! ;� � z�s;; � ( Law Dept Comments IV� VJ5ST— vM ` • i m®ff Date Forwarded to Mayor I Shaded Areas to Be Completed by Administration Staff Received ir �, N n "-1 Recommendations & Comments- 7) 9 `' I ) Disposition, LL CITY OF�FNT Date Returned Iage5870_templatebase 2/07