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HomeMy WebLinkAboutPW15-130 - Original - AMEC Foster Wheeler Enviro & Infrastruct - Leber Homestead Project - 04/02/2015 r � � Ax hr r r a er� t KENT Document Wnsnirvcrce n� y r 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 Foster Wheeler Environment & Infrastructure, Inc. Vendor Number: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Leber Homestead Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Matt Knox Department: Engineering Contract Amount: $17,438.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Provide assistance to prepare for construction and remedial activities for the Leber Homestead project. As of: 08/27/1.4 I�EAIT CONSULTANT SERVICES AGREEMENT between the City of Kent and AMEC Foster Wheeler Environment & Infrastructure, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and AMEC Foster Wheeler Environment & Infrastructure, Inc, organized under the laws of the State of Washington, located and doing business at 600 University St., Suite 600, Seattle, WA 98101-4107, Phone: (206) 342-1760/Fax: (206) 342-1761, Contact: Kathleen Goodman (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 assistance to prepare for construction and remedial activities for the Leber Homestead Project. For a description, see the Consultant's 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. Consultant shall complete the work described in Section I by December 31, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Seventeen Thousand, Four Hundred Thirty Eight Dollars ($17,438.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. �I CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly payment invoices 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 Policy 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 B 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. 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 the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. 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: O li f Y (sr na ure) /' ;,.'_.% '" + (signature) Print Name: ,t/Q� g�y/�,V Print Name: Suzette Cooke Its OX 4n.cu -�-- Its, Mayor U(title) DATE: ?i/ � DATE: - NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Kathleen Goodman Timothy J. LaPorte, P.E. AMEC Foster Wheeler Environment & City of Kent Infrastructure, Inc. 220 Fourth Avenue South i 600 University St., Suite 600 Kent, WA 98032 Seattle, WA 98101-4107 (253) 856-5500 (telephone) (206) 342-1760 (telephone) (253) 856-6500 (facsimile) 206 342-1761 (facsimile) APPROVED As TO FORM: IF j Kent Law Department AMEC Foster Wheeler-Leber/Knox 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. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. fl For: �,��L W61G!ler�`, �rM! ��i,fras��+c el I C. Title: Date: 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. III �I 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 Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A amec March 9,2015 fosterwheeler Mr. Matt Knox Environmental Ecologist City of Kent 220 Fourth Avenue South Kent, Washington 98032 Sent via e-mail: mknoxfcDkentw zw I Subject: Proposal for Remedlation Planning Support Phase 2 of the Leber Project Kent,Washington Dear Mr. Knox; At your request,Amec Foster Wheeler Environment& Infrastructure, Inc. (Amec Foster Wheeler), has prepared this scope of work and cost estimate for the City of Kent(City)to provide assistance to prepare for construction and remedial activities on the property associated with the second phase of the Leber Project(Figure 1), located in King County, Washington, We understand the City Wishes to Initiate Phase 2 in 2016.Amec Foster Wheeler Is uniquely qualified for this work because of our experience conducting soil investigations and remediation projects on the Leber property,Amec Foster Wheeler also previously prepared and provided a Health and Safety Plan (HASP)for Phase 1 of the Leber Project,which consists primarily of soil preparation activities and which is currently ongoing. PROJECT UNDERSTANDING The Leber property comprises 8.6 acres and two parcels(2522049023 and 0200000127) and is located adjacent to 7040 South 262nd Street(Figure 1, enclosed).A majority of the site is open field dominated by Himalayan blackberry grass and other herbaceous plants: The northern and northwestern portion of the property and the area along Mill Creek are forested with mature black cottonwood and big-leaf maple,with an understory of blackberry, snowberry, and stinging nettle. This restoration project will create over 87,000 square feet(2 acres)of intermittently Inundated aquatic habitat(below the ordinary high water mark) adjacent to Mill Creek near its confluence with the Green River, in order to increase floodplain refuge habitat for Chinook salmon and other satmonids, enhance riparian habitat, and increase floodplain storage and other floodplain functions In July 2014, Amec Foster Wheeler conducted a soil investigation on the upper two feet of soil on both parcels to determine if the soil was impacted by lead and arsenic from the ASARCO plume.The results of the investigation indicated arsenic was present in the upper two feet of soil on Parcel 0200000127 at concentrations exceeding the cleanup levels. This proposal provides the necessary support to address the environmental contamination for the proposed work on Parcel 0200000127. We understand the City intends to excavate the majority of the parcel, stockpile the contaminated soil on site, and cap it. Ameo Foster Wheeler Environment&Infrastructure,Inc. 600 University Street,Sulte 600 Seattle,Washington j USA 98101-4107 Tel (206)342-1760 Fax (206)342-1761 w w.amedw.com arrieC Mr. Matt Knox foster City of Kent Engineering Department Wheeler March 9, 2015 Page 2 of 3 SCOPE OF SERVICES Based on our experience with similar projects,we have prepared this scope of services to cover the sequence of steps up to the start of remediation activities. This will allow the City to decide which tasks the City prefers to have Amec Foster Wheeler conduct and which tasks the City prefers to perform in-house.We have assumed the City has developed plans in-house to consolidate and cap the contaminated soil. The proposed work consists of the following tasks: • Task 1 — Review the proposed construction activities with respect to the known extent of contamination and determine if and how the current design could be modified and optimized. • Task 2—Develop construction cost estimates. • Task 3—Prepare the relevant specifications for the remedial effort and assist the City with permitting. The specific activities and the associated costs are presented below. A detailed cost breakdown for each task is provided in the enclosed Table 1. Task 1 — Design Review We will review the current project design with respect to the known contamination and discuss the objectives with the project designer. We assume the City will provide the relevant design information, including the CAD files of the current design. We also assume that a design revision will be needed and there may be more than one option. We will develop two new design concepts that would be acceptable to the designer and will provide the conceptual designs to the City for review and approval as viable options. We have assumed that one in-person meeting with the City will be needed to present the conceptual designs. Task 2—Cost Estimate Once the City agrees with the proposed conceptual design options, we will prepare the cost estimates for each option and present them to the City to make a decision.This information will be submitted via email. As part of this task, we will develop the scope of work and the associated cost for support services during the remedial activities so that the remediation cost estimates will include the field oversight and associated sampling and analysis costs. Task 3—Specifications Once the City selects an option,we will prepare the appropriate specifications and assist the designer to finalize the new design. We have assumed that three specifications would be needed for: a)health and safety, b)contaminated soil handling,c) revised earthwork. The new specifications will be submitted electronically for review. We will incorporate any comments provided and submit the final specifications electronically. IT amec Mr. Matt Knox City of Kent Engineering Department foster March 9, 2015 wheeler Page 3 of 3 CITY OF KENT RESPONSIBILITIES For the purposes of this proposal, scope of work, and budget, we assume that the City will provide all the drawings and design information needed to prepare revised conceptual designs to address the soil contamination on Parcel 0200000127. SCHEDULE Amec Foster Wheeler will Initiate when the contract is finalized with the City and a notice to proceed is Issued. We estimate that each task would require approximately two weeks to complete. Work on Task 1 will begin upon receipt of all the information for the current design and work on Task 2 will begin upon the City's selection of the remedial alternative.Within 30 days of the City finalizing their decision on the remedial option,we will submit draft versions of the specifications for the City's review. The final specifications will be provided within two weeks of receiving comments from the City on the draft versions. COST ESTIMATE Based on the scope of services described above, we estimate the cost to complete all three tasks to be approximately$17,438; a detailed cost breakdown is provided in Table 1. Work will be billed on actual costs based on the labor rates shown on Table 1. We appreciate the opportunity to provide the City with this proposal. Please let us know if you have any questions or if you would like additional Information. Sincerely yours, Amec Foster Wheeler Environment& Infrastructure, Inc. K leen Goodm , L.G., L.Hg. Crystal Neirby Principal Hydrogeologist Senior Environmental Chemist KG/Ipm OproposalsV0151clty of kent100212015 03-09 remedlaI support ptoposal_sx.docx Enclosure: Table 1 -Proposal Cost Estimate Figure 1 -Site Layout I n' Ln fa �qp m F cq V 0) LL O 40 MW� C\l f9 (H fq E O c 0 N � OMiON N n 00 N pj M 00 0 f O fA 40 N fA f9 FA,fA Y N 4:. F u C ct N'aD O coV'W o N C to O 0 PO'1 W to� M r m O Y NN.W000N O �.. M 0 O M W w r Nto Q a U' ti PO'/ aC N N N h O �' fil f#Y oil Vfl 49 f s H d c Y K (A 0 �0 C w 0 S h ,y 53 m O N W ® l7 U w 1212 e 3 > > 3 81. f13 O m 'Y x x S x x 0 IL oil N. - �Lil l9 fA f9 fA(A w 3 .c fp e x e E F fll F Y C � C C ' Q �� y y7WUE 2 ® cc �E Octo ee . m ix : . � ! , ! \ � � • e w . . . < � � � | ? � PARCEL BOUNDARY ^ ` \ APPROXIMATE WALE IN FEET d AMECCUENTLOGO CLIENT Environment& Infrastructure, CITY of4¢T q 0 h . ° ` . . . . PROJECTm y _} ® m °` mq / TITLE. . . CHKVSY: REV. --PROJECT-NO' _ter Bi GI FIGURE No. . , . i EXHIBIT B 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, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. i I EXHIBIT B (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. i YYJ CERTIFICATE OF LIABILITY INSURANCE °03/27/02015 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(les) 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 endorsement(s). PRODUCER 1-908-566-1010 CONTACT NAME: Construction Riak Partners, LLC PHONE FAX AIC No-E%t): _. AIC No); EMAIL Campus View Plaza ADDRESS 1250 Route 28, Suite 201 INSURERS AFFORDING COVERAGE NAIC# '.. Branchburg, NJ 08876 INSURER A: ACE AMER INS CO 22667 INSURED INSURERS: ZURICH AMER INS CO 16535 Amec Foster Wheeler Environment & infrastructure, Inc. INSURER C: 600 University St., Suite 600 INSURERD: INSURERE: Seattle, WA 98101 INSURER F: COVERAGES CERTIFICATE NUMBER: 43373716 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. INSR ADDLTYPE OF INSURANCE INSD SUER POLICY NUMBER POLICY TR MYY MMIDDNYYY LIMITS A X COMMERCIAL GENERAL LIABILITY (324554818 05/01/14 05/01/15 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE a OCCUR PREMISES Ea occurrence $ 100,000___ MFD EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APffP.LLLIIEt�S PER: ! GENERAL AGGREGATE $ 2,000,000 POLICY JEST PRO I n I LOG PRODUCTS-COMPIOP AGO $ 2,000,000 PRO- OTHER: $ B AUTOMOBILE LIABILITY BAP 9483148-03 Ff 05/01/14 105/01/15 COMBINED tSINGLE LIMIT $ 1,000,000 ' ANY AUTO BODILY INJURY(Per person) $ AALL UTOS OWNED SCHEDULED ( BODILY INJURY(Per accident) $ UT S NON-OWNED PROPERTY DAMAGE XX HIRED AUTOS X AUTOS (Per accident) $ nX Comp $1,00 X Coll $1,000 $ UMBRELLA LIAB 'OCCUR EACH RENCE _ $._ EXCESS LIAB I CLAIMS-MADE AGGREGATEOCCUR $ r DED I I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY �i STATUTE -..f_�RH ANY PROPRIETORIPARTNERIEXECUTIVE YNN/A E.L.EACH ACCIDENT $ _ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) IE.L.DISEASE-EA EMPLOYE_ $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Architects & Engineers Prof. EOC 9383578 06 05/01/14 05/01/15 iAny One Claim/Agg 1,000,000 i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Re: Remediation Planning Support for Phase 2 of City of Kent's Leber Project Project Start Date: Mar 31, 2015, Project End Date: Dec 31, 2016 City of Kent is an additional insured on the General Liability and Automobile Liability policies as required by written contract. Coverage is primary and non-contributory where required by written contract. 30 days notice of cancellation applies per policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Timothy J. LaPorte, P.H. 220 Fourth Ave. S AUTHORIZED REPRESENTATIVE Kent, WA 98032 pp n I`I USA h.�.Y-w—� d\• 4FNddccaVV..AI-✓sAA-e-TT^•rr"'Seel 01988-2014 ACORD CORPORATION. All rights reserved. -ACO RD 25(2014101) The ACORD name and logo are registered marks of ACORD Sklein POLICY NUMBER: HDO G24664818 ENDT.#3 COMMERCIAL GENERAL LIABILITY CG 20 33 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section It — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional Insured any person or additional insureds, the following additional organization for whom you are performing,,, exclusions apply: operations when you and such person or This insurance does not apply to: organization have agreed in writing in a contract or agreement that such person or organization be 1. "Bodily injury", "property damage"or"personal added as an additional insured on your policy. and advertising injury" arising out of the Such person or organization Is an additional rendering of, or the failure to render, any insured only with respect to liability for "bodily professional architectural, engineering or injury", "property damage" or "personal and surveying services, including: advertising injury"caused,in whole or in part,by: a. The preparing, approving, or failing to 1. Your acts or omissions;or prepare or approve, maps, shop drawings, 2. The acts or omissions of those acting on your opinions, reports, surveys, field orders, change orders or drawings and behalf,, specifications; or In the performance of your ongoing operations for. b. Supervisory, inspection, architectural or the additional insured. engineering activities. However, the insurance afforded to such This exclusion applies even if the claims against additional insured: any insured allege negligence or other wrongdoing 1. Only applies.to the extent permitted by law; in the supervision, hiring, employment, training or and monitoring of others by that insured, if the 2. Will not be broader than that which you are "occurrence" which caused the "bodily injury" or required by the contract or agreement to "property damage", or the offense which caused provide for such additional insured. the "personal and advertising injury", involved the rendering of or the failure to render any A person's or organization's status as an professional architectural, engineering or additional insured under this endorsement ends surveying services. when your operations for that additional insured are completed. i CG 20 33 0413 0 Insurance Services Office, Inc.,2012 Page 1 of 2 i 2. "Bodily injury" or "property damage" occurring C, With respect to the insurance afforded to these after: additional Insureds, the following is added to a. All work, including materials, parts or Section II!—Limits Of Insurance: equipment furnished in connection with The most we will pay on behalf of the additional such work, on the project (other than insured is the amount of insurance: service, maintenance or repairs) to be 1• Required by the contract or agreement you performed by or on behalf of the additional have entered into with the additional insured; insured(s) at the location of the covered or operations has been completed;or portion of"your work'out of which the 2. Available under the applicable Limits of b. That p Y Insurance shown in the Declarations; injury or damage arises has been put to Its intended use by any person or organization whichever Is less. other than another contractor or This endorsement shall not Increase the subcontractor engaged in performing applicable Limits of Insurance shown in the operations for a principal as a part of the Declarations. same project. i I I Page 2 of 2 0 Insurance Services Office,Inc„2012 CO 20 33 0413 POLICY NUMBER: BAP 9483148-03 j COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURE® This endorsement modfles 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 Identities person(s) or organization(s) who are 'Ynsureds"under the Who Is An Insured Provision of the Coverage Form. This endorsement 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: 05/1/2014 _ Countersigned By: Named Insured: AMEC USA HOLDINGS, INC. (Authorized Representative SCHEDULE Name of Person(s) or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON—CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED 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 Section II of the Coverage Form. CA20480299 Copyright, Insurance Services Office, Inc., 1998 Page oft 11 ENDT.#4 POLICY NUMBER. HOD G24554818 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLEfED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s) Or Or anization s Location And Description Of Completed Operations Where Required by Insured Contract All work conducted by AMSC USA Holdingsr '... executed prior to loss, Inc, except for work conducted at or from any OcIPt CCIP, or Joint Venture Project Specific Insurance Program for which the Named Insured is an enrolled , Participant. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section it—Who is An Insured is amended to 2. If coverage provided to the additional insured is include as an additional insured the person(s) or required by a contract or agreement, the organizatlon(s) shown in the Schedule, but only Insurance afforded to such additional insured will with respect to liability for 'bodily injury" or not be broader than that which you are required "property damage"caused, In whole or in part, by by the contract or agreement to provide for such "your work" at the location designated and additional insured. described In the Schedule of this endorsement performed for that additional insured and Included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and CG 20 37 0413 ©Insurance Services Office,Inc., 2012 Page 1 of 2 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of Insurance: 1. Required by the contract or agreement;or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever Is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 m ISO Properties, Inc.,2004 CG 20 37 07 04 ❑ POLICY NUMBER: HDO G24554818 ENDT. #28 NON-CONTRIBUTORY ENDORSEMENT FORADDITIONAL INSUREDS Named Insured Endorsement Number AMEC USA Holdings, Inc. 26 Policy Symbol Policy Number Policy Period Effective Date of Endorsement HDO G24554818 05/01/2014 to 05/01/2015 05/01/2014 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information Is to bewrnplefed only when this endorsement is Issued subsequent to the preparation of the pollcv. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY COVERAGE Schedule Organization Additional Insured Endorsement (If no information is filled in, the schedule shall read: 'Allpersons or entities added as additional insureds through an endorsement with the term 'Additional Insured"in the title) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy,the following is added to Section IVA.a: If other insurance is available to an Insured we cover under any of the endorsements listed or described above (the "Additional Insured")for a loss we cover under this policy,this insurance will apply to such loss on a primary basis and we will not seek contribution from the other insurance available to the Additional Insured. Authorized Agent LD-20287 06/061 !-'age 1 of 1 i i CANCELLATION — NOTICE TO ADDITIONAL INTERESTS :Named Insured Endorsement Number i AMEC USA Holdings, Inc. 30 j Policy Symbol Policy Number Polley Period Effeclivs bate of Endorsement IIDO G2455461'3 05/01/2014 to 05/01/2015 05/01/2014 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remalnderof the information is to be completed only when this sndorscment Is Issued subsequent to the preparation ofthe policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies Insurance provided under the following: Commercial General Liability Coverage Form Excess Commercial General Liability Policy In the event that we cancel the policy, we agree to mail to the additional interests set forth in the Schedule below 30 days advance notice if the cancellation is for nonpayment of premium and 30 days advance notice if the cancellation Is for a legally permissible reason other than nonpayment of premium. Schedule, As per on file with Broker i i t i LD-20282(06106) Page 9 of 2 ',. II Authorized Agent LD-20282(06106) Page 2 of 2 i Notification to Others of Cancellation, Nonrenewal ZURICH' or Reduction of Insurance FPolicy No Elf. Dale of Pol. Exp. Date of Pol. =�ff.Date of End. Producer No. Add-1. Prem Return Prem, 9483148-03 0511/201M1 05/1/2015 05/1/2014 N/A N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mall or deliver a copy of such written notice of cancellation or non-renewal: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the cancellation or non-renewal, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this Coverage Part by written notice to the first Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 30 days prior to the effective date of such cancellation. C. If coverage afforded by this Coverage Part is reduced, restricted or materially changed, we will mail or deliver notice of such reduction or restriction or material change: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the reduction or restriction, or the longer number of days notice if indicated in the Schedule below. D. If notice as described in Paragraphs A„ B.or C. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. _ 'SCHEDt)L Name and Address of Other Person(s)( umher-of.Days Notice: miair`on"_---.. 30 All other terms and conditions of this policy remain unchanged. U-CA-811-A CW(05/10) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. REQUEST FOR MAYOR'S SIGNATURE T Please Fill in All Applicable Boxes eviewedr Director Originator's Name: Matt Knox Dept/Div. Englneerin "` Extension: 5551 Date Sent: -t F /1g, Date Required: 4/_;1 6 Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/16 VENDOR AMEC Foster Wheeler DATE OF COUNCIL APPROVAL: Environment & Infrastructure Inc. ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - ifap licable Brief Explanation of Document: The attached agreement is for AMEC to provide assistance to prepare for construction and remedial activities for the Leber Homestead project. `✓/ /'CG.d t`.9.'r'�'2=�.�'`, f:off ��'.'� g,-!aa ,.�.FK'C-'�s �$ All Contracts Must Be Routed:Through The Law Department (This area to be completed by the Law Department) � t Received: A. Approval of Law Dept.: t n Law Dept. Comments. Date Forwarded to Mayor: �,[p'.8� f g? � 3 , r f 2�_ Sn Shaded Areas To Be Completed By Administration Staff i Received Recommendations and Comments: Disposition: q 71 aze�- ?v Date Returned;