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HomeMy WebLinkAboutPW16-033 - Original - Amec Foster Wheeler Environment & Infrastructure, Inc - Leber Property Cleanup Action Proposal - 01/20/2016 Records anaee �nt KE O T WASHINGTGN - Document } Y 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: iWN U "' 070 This is assigned by City Clerk's Office Project Name: Leber Property Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment N Contract ❑ Other: Contract Effective Date: 1/20/16 Termination Date: 4/30/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Matt Knox Department: Engineering Contract Amount: $4,665.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Provide consultation for the Leber Property Cleanup Action Proposal. As of: 08/27/14 • KENT 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: Crystal Thimsen (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 consultation for the Leber Property Cleanup Action Proposal. 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 April 30, 2016, III. COMPENSATION. X The City shall pay the Consultant, based on time and materials, an amount not to exceed Four Thousand, Six Hundred Sixty Five Dollars ($4,665.00), 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. 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. i CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) 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 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance i 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. CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) 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 Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. 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 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 CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) 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 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. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. 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. I CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) K. Counteriarts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: CAM�Av, Qiiv"V� Tiop-�I—CA (signature) (signature) Print Name: CVA5k-k-9l Print Name: Michael Mactutis, P.E. Its: SfVtit,ly SG1Zv1 fist— Its: Environmental Engineering Manager (title) ii DATE: DATE: �G NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Crystal Thimsen Timothy J. LaPorte, P.E. Amec Foster Wheeler Environment & Infrastructure City of Kent 600 University St., Suite 600 220 Fourth Avenue South Seattle, WA 98101-4107 Kent, WA 98032 (206) 342-1760 (telephone) (253) 856-5500 (telephone) (206) 342-1761 (facsimile) 253 856-6500 facsimile Arree Foster Wheeler-Leber 2/Knox i4 CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) 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. i 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. By: �AM � J J\A For: Title: i is r �G141/lki S�' 1 Date: i 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: i 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. 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 CLIENT DRAFT e4 amec I't fWer :wheeler Memo Sent via a-malL mknox&kentwa.aov To: Mr. Matt Knox Project: SE14161150.00001 City of Kent Engineering Department From: Crystal Thimsen cc: Kathleen Goodman, Amec Foster Tel: (206) 342-1760 Wheeler Koorus Tahghighi, Amec Foster Fax: (206) 342-1761 Wheeler Date: October 30, 2015 Project File Subject: Leber Property Cleanup Action Proposal Mill Creek Confluence Restoration Project Kent, Washington INTRODUCTION This memo has been prepared by Amec Foster Wheeler Environment& Infrastructure, Inc. (Amec Foster Wheeler)for the City of Kent Engineering Department (City) to provide a brief description and cost estimate associated with mixing the soils on the Leber Property to obtain arsenic concentrations below cleanup levels. PROJECT BACKGROUND The Mill Creek Confluence Restoration Project comprises 8.6 acres and two parcels (2522049023 and 0200000127) (Figure 1). The property is located adjacent to 7040 South 262nd Street(Figure 1). 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 the Green River near the confluence of Mill Creek, in order to increase floodplain refuge habitat for Chinook and other salmonids, enhance riparian habitat, and increase floodplaln storage and other floodplain functions. Amec Foster Wheeler conducted soil testing on both parcels in July 2014 to determine if the soil had, been contaminated by the historical operation of the ASARCO smelter plume. Soil samples were collected according to Ecology guidance (Ecology, 2012) and the results are presented in Table 1.As shown in Table 1, the soils collected from the upper foot on the Leber Parcel (0200000127) contained elevated levels of arsenic at concentrations exceeding the action levels developed by Ecology. Previous sampling conducted at the site indicated that arsenic concentrations decrease with depth and are below detection at 5 feet below ground surface (bgs) (AMEC Geomatrix, 2009). REMEDIAL APPROACH Ecology's guidance document suggests that cleanup options for soils with average arsenic concentrations above 40 milligrams per kilogram (mg/kg) Include either excavation and removal, cap in place, or consolidate and cap (Ecology, 2012). Disposing of the affected soil in order to move forward with the restoration project is not feasible within the budget of the restoration project. Additionally, moving all of the affected soil and capping it removes a significant portion of the property planned for habitat restoration. Representatives from the City have been in discussions with Eva Barber, the project manager for Ecology's Voluntary Cleanup Program, who suggested that mixing the Amec Foster Wheeler Environment&Infrastructure,Inc. 600 University Street,Suite 600 Seattle,Washington - USA98101-4107 Tel (2,06)342-1760 Fax (206)342-1761 www.amecfw.com CLIENT DRAFT amec.;,..:: foster Memo Wheeler October 30, 2015 Page 2 of 3 soil on the affected parcel with cleaner, deeper soils may be a viable option, as human health exposure is expected to be very minimal due to the nature of the restoration project. Ecology's guidance document suggests three methods for mixing soil to obtain arsenic concentrations below the cleanup level of 20 mg/kg: • Till soils in place. • Import clean soils and till them into contaminated soils. • Excavate contaminated surface soils and stockpile them. Either import clean soils or excavate cleaner, deeper soils. Next, mix these soils on the land surface. Samples of the stockpile are required prior to spreading the soils back over the site. The first option is not feasible because it is likely that some areas with higher arsenic concentrations, like L-DUl-1-21A and B (Table 1), would require mixing to much deeper depths than would be feasible with tilling machinery. The second option is also not feasible because importing the amount of clean soil necessary to mix the contaminated soils on the site is not within the restoration project budget, and it would also create a surplus of soils that would affect the overall design and total area set aside for restoration. Therefore, Amec Foster Wheeler proposes that the City move forward with the third option of stockpiling the soils, mixing the contaminated surface soils with cleaner soils from depth, and, after obtaining laboratory results of the stockpiles, spreading the soils back over the site. An added benefit to this approach is that it can be performed concurrent with the construction that will take place for the habitat restoration, when the necessary heavy equipment will already be on site. In order to develop the design for mixing, Amec Foster Wheeler proposes that the City collect ' samples to pilot test the effectiveness of the mixing process. We recommend three test pits to be excavated at select locations. The test pits would serve two purposes: 1) the City would be able to collect additional soil samples incrementally to 5 feet bgs, to characterize the arsenic concentrations at depth; and 2) the test pit soils can be mixed on site at different ratios to serve as a mixing pilot test. These two actions combined would provide a reasonable degree of reliability as to the appropriate mixing ratio of the site soils to achieve the objective of soil with less than 20 mg/kg arsenic. COST OVERVIEW Table 2 contains approximate costs for conducting the test pit investigation. The following assumptions are included In the costs: • Three test pits will be installed, one in a high concentration area, one in a low concentration area, and one in an area with average arsenic concentrations. Proposed locations are shown on Figure 1. • Soil samples will be collected from each test pit at 1-foot intervals, starting at 1 foot bgs and ending at 5 feet bgs, for a total of five samples per test pit. All soil samples will be analyzed for arsenic. • The soil removed from the test pits will be mixed with the excavator or backhoe and a single composite soil sample will be collected from each of the test pit"stockpiles" and analyzed for arsenic. P:1CIty of Kent\RepodWemediation ProposalMl5_10-30_Leber Property Remedlatlon Proposal_cD.doex CLIENT DRAFT I amec f foster Memo wtieele� October 30, 2015 Page 3 of 3 Amec Foster Wheeler will tabulate the results of the test pits soils and will make recommendations for the City to support the design of the full-scale remedial action which will consist of stockpiling and mixing the soils, collecting samples following Ecology guidelines, and, after obtaining laboratory results, spreading the stockpiled soil as part of the larger habitat restoration project. Attachment(s): Figure 1 Table 1 Table 2 REFERENCES AMEC Geomatrix, 2009, Feasibility Study, Confluence of Mill Creek and Green River Restoration Project, Kent, Washington, submitted to City of Kent, February. Washington State Department of Ecology (Ecology), 2012, Tacoma Smelter Plume Model Remedies Guidance: sampling and cleanup of arsenic and lead contaminated soils, Publication Number 12-09-086-A, June, ll PACily of KentlReporWRemedlatlon Proposall2015_10-30_Leber Property Remedialion Proposal_Cn.doox Ili I Ol to L u '� N E a j w h O O l0 N O N O o m o N O r 0 r, CO d. N o 0 (O ID O1 (O N p (O O m O O C C C1 �6q���� � � � 64 Vi 69 6`9 tl O. 'n'. C 0 0 0 0 0 0 0 � O � xxxxxx = EE a a J o 0 L o mrnmuNi O � N mN a (�. 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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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. 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. 5. Contractor's/Consultant's Pollution Liability insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. EXHIBIT B (Continued) 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 $3,000,000 each occurrence, $3,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than 2,000,000 per claim and $4,000,000 policy aggregate limit. 4. Contractor's Pollution Liability insurance shall be written in an amount of at least $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Coverage may be written on a claims-made basis. 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, EXHIBIT B (Continued) 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 Consultant 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 I I GATE / CERTIFICATE OF LIABILITY INSURANCE Ol/13 13/2/201616 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement On this certificate does not confer rights to the certificate holder In IIGU Of such endorsement(s), I, PRODUCER 1-908-566-1010 CONTACT NAME: Construction Risk Partners, LLC PHONE FAX (AIC,No,Ext); _... __. P/C No: EMAIL Campus View Plaza ADDRESS: 1250 Route 28, Suite 201 INSURERS AFFORDING COVERAGE NAIC4 Branchburg, NJ 08876 INSURERA: ACE AMER INS CO 22667 '.. INSURED INSURER B: ZURICH AMER INS CO ,16535 Amec Foster Wheeler Environment & Infrastructure, Inc. INSURERC: ACE PROP & CAS INS CO 20fi99 INSURER0 AMERICAN ZURICH INS CO 40142 600 University St., Suite 600 -- - - ------- I INSURERE AIG SPECIALTY INS CO 126883 Seattle, WA 98101 INSURER F: COVERAGES CERTIFICATE NUMBER: 45896373 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. INBR AODL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD Me POLICY NUMBER MMIDDIYYYY MMIODIYYYY LIMITS A X I COMMERCIAL GENERAL LIABILITY - G24556347 05/01/15 05/01/16 EACH OCCURRENCE $ 2,000,000 _- - I y I DAMAGE TO RENTED u CLAIMS-MADE OCCUR PREMISES UE.occunenra $ 100,000 MED EXP(Any ant person) $ 10,000 PERSONAL&AOV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY[:�] PHI �LOC PRODUCTS AGG $ 4,000,000 OTHER: $ H AUTOMOBILE LIABILITY BAP 9483148-04 05/01/15 05/01/16 COMBINED SINGLE LIMIT $ Ea accident 1,000,000 X ANYAUTO BODILY INJURY(Per person) $ X ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X X NON-OWNED PROPERTY DAMAGE $ HIREDAUI AUTOS Per accidenl X Comp $: 00 X Coll $1,0001 g C X UMBRELLA LIAR N OCCUR XOO G27240665 05/01/15 05/01/16 EACH OCCURRENCE $ 1,000,000 EXCESS LIAD CLAIMS-MADE AGGREGATE $ 1,000,000 DEB RETENTION$10,000 1 $ D WORKERS COMPENSATION WC 3504866-14 05/01/15 05/01/16 X I STATUTE 10LRTH, AND EMPLOYERS'LIABILITY YIN D ANY PROPRIETORIPARTNER/EXECUTIVE WC 3867133-08 05/01/15 05/01/16 E.L.EACHACCIDENT $ 1,000,000 ,OFFICENMEMBER EXCLUOED7 11 NIA (Mandatory In NH) E.L.DISEASE-EAEMPLOYE $ 1,000,000 If yes,describe..der 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ E Pollution CPL 12456119 05/01/15 05/01/16 Each Lose/Agg Limitl,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Aar Leber Property Cleanup Action Proposal, Project Start Date: Jan 12, 2016, Project End Dater Jan 31, 2017 City of Kent is an additional insured on the General Liability, Automobile Liability, Umbrella Liability and Pollution Liability policies as required by written contract. Coverage 1s 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. Attn: Matt Knox 400 West GOWe AUTHORIZED REPRESENTATIVE Kent, WA 98032 f1 r, I•I USA (I.S.X�--^ dam• h'o-J..v-n-er7 i 91988.2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Sklein 45896373 POLICY NUMBER: HDO G24556347 001 Endorsement Number: 26 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 i POLICY NUMBER: HDO G24556347 001 Endorsement Number: 27 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s Locations Of Covered Operations Where required by Insured Contract executed prior to a All work conducted by AMEC USA Holdings, Inc. except loss for work conducted at or from any OCIP, CCIP or Joint Venture 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 II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply y to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring caused, in whole or in part, by: 1. Your acts or omissions; or 1• All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III— Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: HDO G24556347 001 Endorsement Number: 37 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Where required by Insured Contract executed prior to a All work conducted by AMEC USA Holdings, Inc. loss except for work conducted at or from any OCIP, 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 II — Who Is An Insured is amended to will not be broader than that which you are include as an additional insured the person(s) or required by the contract or agreement to provide organization(s) shown in the Schedule, but only for such additional insured. with respect to liability for "bodily injury" or B. With respect to the insurance afforded to these "property damage" caused, in whole or in part, by additional insureds, the following is added to "your work" at the location designated and Section III—Limits Of Insurance: described in the Schedule of this endorsement If coverage provided to the additional insured is performed for that additional insured and required by a contract or agreement, the most we included in the "products-completed operations will pay on behalf of the additional insured is the hazard". amount of insurance: However: 1. Required by the contract or agreement; or 1. The insurance afforded to such additional 2. Available under the applicable Limits of insured only applies to the extent permitted Insurance shown in the Declarations; by law; and whichever is less. 2. If coverage provided to the additional insured is required by a contract or agreement, the This endorsement shall not increase the applicable insurance afforded to such additional insured Limits of Insurance shown in the Declarations. CG 20 37 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 it i POLICYNUMBER: BAP 9483148-04 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER 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" for Covered Autos Liability Coverage 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. Named Insured: Endorsement Effective Date: 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. Information required to complete this Schedule if not shown above will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section 11 — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form, CA 20 48 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: HDO G24556347 001 Endorsement Number: 53 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): All projects excluding any controlled insurance program Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obli- 3. Any payments made under Coverage A for gated to pay as damages caused by "occurrences" dam-ages or under Coverage C for medical under Section I — Coverage A, and for all medical e- expenses shall reduce the Designated xpenses caused by accidents under Section I — Co- Construction Project General Aggregate verage C, which can be attributed only to ongoing Limit for that designated construction operations at a single designated construction pro- project. Such payments shall not reduce the ject shown in the Schedule above: General Aggregate Limit shown in the 1. A separate Designated Construction Project Ge- Declarations nor shall they reduce any other neral Aggregate Limit applies to each designated De-signated Construction Project General construction project, and that limit is equal to t- Aggregate Limit for any other designated he amount of the General Aggregate Limit sho- construction project shown in the Schedule wn in the Declarations. above. 2. The Designated Construction Project General Ag- 4. The limits shown in the Declarations for gregate Limit is the most we will pay for the sum Each Occurrence, Damage To Premises of all damages under Coverage A, except dam- Rented To You and Medical Expense ages because of "bodily injury" or "property da- continue to apply. However, instead of being mage" included in the "products-completed ope- subject to the General Aggregate Limit rations hazard", and for medical expenses under shown in the Declarations, such limits will Coverage C regardless of the number of: be subject to the applicable Designated a. Insureds; Construction Project General Aggregate Limit. b. Claims made or"suits" brought; or c. Persons or organizations making claims or bri- nging "suits". I CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 B. For all sums which the insured becomes legally ob- C. When coverage for liability arising out of the ligated to pay as damages caused by "occurrences" "products-completed operations hazard" is under Section I—Coverage A, and for all medical e- provided, any payments for damages xpenses caused by accidents under Section I Cov- because of "bodily injury or "property erage C, which cannot be attributed only to ongoing damage" included in the "products- operations at a single designated construction completed operations hazard" will reduce project shown in the Schedule above: the Products-completed Operations 1. Any payments made under Coverage A for dam- Aggregate Limit, and not reduce the General ages or under Coverage C for medical expenses Aggregate Limit nor the Designated shall reduce the amount available under the Ge- Construction Project General Aggregate neral Aggregate Limit or the Products-completed Limit. Operations Aggregate Limit, whichever is applic- D. If the applicable designated construction able; and project has been abandoned, delayed, or 2. Such payments shall not reduce any Designated abandoned and then restarted, or if the Construction Project General Aggregate Limit. authorized contracting parties de-viate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section III — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. i Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09