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PW17-072 - Original - Amec Foster Wheeler Environment & Infrastructure, Inc. - Mill Creek Reestablishment - 02/02/2017
'd � d r,ga % 0 g d s e m e y��r KEN T W AS H I N OSON Document 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: PW I-] — Q-1 - This is assigned by City Clerk's Office Project Name: Mill Creek Reestablishmen Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 2/2/17 Termination Date: 12/31/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Matt Knox Department: Engineering Contract Amount: 7,694.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Prepare a Phase I Environmental Site Assessment and Limited "Good Faith" Asbestso &. Other Regulated Materials Survey for the project. As of: 08/27/14 t • 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 Nevada, located and doing business at 600 University St., Suite 600, Seattle, WA 98101-4107, Phone: (206) 342-1760, 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 prepare a Phase I Environmental Site Assessment and Limited "Good Faith" Asbestos & Other Regulated Materials Survey for the Mill Creek Reestablishment 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, 2017, III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Seven Thousand, Six Hundred Ninety Four Dollars ($7,694.00), 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. 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: CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) 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 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 CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) 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 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 CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) 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. Coml2liance 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. CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) K. Counterparts 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 shiall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF KENT: By: By: (sipature),, igr ture) 'g Print Game: (T Print Name: Tim thy J. LaPorte, P.E. Its: i ....... Its: Public Works Director (title DATE: l DATE:— -2 NOTICES TO BE SENTTO: 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) Amec Foster Wheeler-MiR Crk keestablKnox 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. 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. 1 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: A,j 1-`4........... For: Title: r", I.:>("I 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. 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 �tk N amec Foster wheeler January 6, 2017 Mr. Matt Knox Sent via e-mail: MKnox@kentwa.aQv_ City of Kent Public Works Engineering 400 West Gowe Street Kent, Washington 98032 Subject: Proposal for Phase 1 Environmental Site Assessment and Limited "Good Faith" Asbestos & Other Regulated Materials Survey Barber Property 27246 Green River Road, Kent, Washington Dear Mr. Knox: Amec Foster Wheeler Environment& Infrastructure,-Inc. (Amec Foster Wheeler), is pleased to submit this proposal to prepare a Phase I Environmental Site Assessment(ESA)and Limited "Good Faith" Asbestos & Other Regulated Materials Survey for the Barber Property located at 27246 Green River Road in Kent, Washington (the site). The site consists of King County Tax Parcels 3122059001 and 3122059012. Parcel 3122059001 currently houses two single-family residential structures: a 2-bed, 1-bath, 1-story house with an unfinished basement and a 3-bed, 1-bath house built in 1959. It is our understanding that the City of Kent has plans to demolish the buildings. Amec Foster Wheeler is ideally suited to assist you with this project due to: our capacity to provide all of the requested services, plus other services, within your due diligence schedule; our extensive experience with property transactions and redevelopment; and our focus on identifying and communicating project risks to our clients. This proposal provides all of the specific information that you requested in your email dated December 14, 2016..It is organized in the following manner: 1. The proposed scope of work for the Phase I ESA is described. 2. The proposed scope of work for the Limited"Good Faith"Asbestos & Other Regulated Materials Survey. 3. The anticipated schedule is provided. I 4. Assumptions are listed. 5. The proposed lump sum budget is provided. 6. Enclosures are included at the end of this proposal letter. 1.0 PHASE I ENVIRONMENTAL SITE ASSESSMENT 1 The purpose of a Phase I Environmental Site Assessment(ESA) is to evaluate the presence or potential presence of recognized environmental conditions (RECs) on the site as a result of present or past activities on, or in the vicinity of, the site. This involves researching the current and prior use of i E Amec Foster wheeler Environment&Infrastructure, Inc. 600 University Street,Suite 600 Seattle,Washington USA 9 81 01-41 07 Tel (206)342-1760 Fax (206)342-1761 l www.amecfw.com ` li( I f amec foster Mr. Matt Knox wheeter City of Kent January 6, 2017 Page 2 of 8 f I the site and surrounding area to identify current or past activities that could have resulted in a REC on the site. 1.1 Scope of Work Amec Foster Wheeler will complete the Phase I ESA for the site in accordance with the U.S. Environmental Protection Agency(EPA)All Appropriate Inquiry(AAI) Rule(40 Code of Federal Regulations [CFRJ Part 312) and conforming to ASTM International (ASTM) E1527-13. The AAI Rule j establishes specific regulatory requirements and standards necessary to qualify for certain landowner i liability protections under the Comprehensive Environmental Response, Compensation, and Liability Act, including innocent landowner, contiguous property owner, or bona fide prospective purchaser liability protections. The following scope of work meets the requirements of the EPA AAI Rule and ASTM Standard E1527-13. • Review of available historical documentation:A review of historical documentation will be performed for the site and surrounding areas to evaluate for potential RECs. The review may include aerial-photographs, tax assessment records, historical maps, city directories, and available building/water permits.Amec Foster Wheeler intends to review site uses back to 1940, or to first developed use of the site, as is reasonably ascertainable. • Interviews:Amec Foster Wheeler will interview key property managers and other individuals, as available, including past and present owners and operators who are likely to have material information regarding current and/or past uses and operations of the site. It is assumed that names and contact information of these individuals will be provided by the client. • Property and vicinity reconnaissance: A physical reconnaissance of the site and observation of surrounding properties for unusual land colorations., physical irregularities, noticeable refuse piles, evidence of aboveground and underground fuel or chemical storage tanks, and an evaluation of current land use on the site and in the immediate vicinity will be performed. The client will be notified at least one day in advance of the visit to ensure the site is accessible. • Review of federal, state, tribal, and local environmental records: A review of federal, state,tribal, and local environmental records will include, where available: - EPA Resource Conservation and Recovery Act (RCRA) hazardous waste generators (the site and adjoining properties). RCRA Corrective Action Properties (CORRACTS) Treatment, Storage, and Disposal (TSD) facilities (1-mile radius). RCRA non-CORRACTS TSD facilities list(0.5-mile radius). i - Comprehensive Environmental Resource Conservation and Liability Information �I System (CERCLIS) listing (0.5-mile radius). 1 - CERCLIS No Further Remedial Action Plan (NFRAP) list (0.5-mile radius). - National Priority List (NPL) (1-mile radius). 141 , amec i foster Mr. Matt Knox wheeler City of Kent January 6, 2017 Page 3 of 8 - Delisted NPL(0.5-mile radius). - Emergency Response Notification System (ERNS) list(the site only). - Washington State Department of Ecology(Ecology) Environmental Cleanup Property Information System (ECSIS) and tribal equivalent(0.5-mile radius). - Ecology equivalent to NPL and tribal equivalent(1 mile radius). j - Ecology Underground Storage Tank(UST)Cleanup list and tribal equivalent(0.5-mile radius). - Ecology Registered Aboveground Storage Tank(AST) and UST lists and tribal equivalent(the site and adjoining properties). - Ecology State Landfill and/or Solid Waste Disposal Property lists and tribal equivalent (0.5-mile radius). We are aware that the South Park Landfill is adjacent to the site and has had landfill gas concerns in the past. - Ecology Voluntary Cleanup List and tribal equivalent(0.5-mile radius). - Federal and State and Tribal Institutional Controls, Engineering Controls, and Land Use Restrictions (the site only). - Other state and local environmental lists, as appropriate(the site only). • User-provided information: As part of completing a Phase I ESA, according to the EPA's AAI Rule and ASTM Standard E1527-13, the client or the current site owner will need to provide the following information about the site by completing a questionnaire that Amec Foster Wheeler will provide: - Identification of the structures and parcel layout of the site. Prior to the site visit, a map of the structures and layout of the subject property is needed to ensure that the scope of the site visit encompasses the whole subject site. - Identification of environmental liens associated with the site. Environmental liens may be identified through a chain of title review or may be provided through a property appraisal.Amec Foster Wheeler can provide this service for an additional fee. Otherwise, this information may already be available through the existing property broker or manager. - Consider purchase price vs.fair market value of the site. Typically the User must consider the purchase price compared with the fair market value of the site, if the site were not affected by contamination. - -Consider specialized knowledge. Specialized knowledge that the client or the current site owner may have regarding the site or operations at the site must be considered.This would include inherent i arnec I foster Mr. Matt Knox wheeler City of Kent January 6, 2017 Page 4 of 8 information the owner or client might have because of similar projects they own or operate or because of the type of work performed at the site for which the client may be familiar. - Consider commonly known information about the site. Commonly known information about the site must be considered by the client and/or the current site owner and Amec Foster Wheeler. Commonly known information could be identified through interviews,website information, newspaper articles, and other information commonly and publicly known about the site. - Consider the degree of obviousness of contamination. Both the client and Amec Foster Wheeler must consider all of the information obtained during the Phase I ESA and form an opinion regarding the degree of obviousness of contamination at the site. • Review of published literature on the soils, geology, and hydrogeology in the vicinity of the site: Amec Foster Wheeler will obtain the soils, geology, and hydrogeology information from existing databases. • Phase I ESA narrative report:The Phase I ESA report will include vicinity and site-specific maps, opinion, discussion, and conclusions. The conclusions will summarize our findings with respect to potential environmental liability. The report also will include a statement on the qualifications of the individuals at Amec Foster Wheeler who performed the Phase I ESA as Environmental Professionals. The report will include a statement that AAI was performed in conformance with the standards and practices set forth in 40 CFR Part 312. 1.2 Limitations Our Phase I ESA scope of work does not include title searches, mold surveys, soil or groundwater sampling, or wetlands determinations and delineations.Amec Foster Wheeler can provide these services, if requested, under a separate scope of work.A Phase I ESA does not guarantee an environmentally"clean"site, but rather gives a preliminary indication of whether further environmental work may be needed by utilizing available data from the area. If further work is recommended, a Phase 11 ESA will be proposed under separate contract. The Phase I ESA will be limited to accessible areas of the site. Amec Foster Wheeler will be unable to assess environmental risks in areas where access is prohibited due to excessive vegetation or physical barriers. Amec Foster Wheeler will request files from the Washington State Department of Ecology(Ecology) Northwest Regional Office (NWRO)for the site and any surrounding properties of concern. Amec Foster Wheeler's experience has been that it can take from four to six weeks to receive a response to a file request from the NWRO, thus files held by Ecology for the site or surrounding properties of i amec y foster Wheeler Mr. Matt Knox City of Kent January 6, 2017 Page 5 of 8 concern may not be available within the timeframe provided to complete the Phase I ESA. If a response is received within 20 days of the delivery of the Phase I ESA and the files provide any additional information beyond what has been provided by the client, an addendum letter will be provided with findings. We have included eight hours for a file review if the files are able to be accessed during the project timeframe. 2.0 LIMITED "GOOD FAITH" ASBESTOS &OTHER REGULATED MATERIALS SURVEY Current federal, state, and local regulations require that building owners, prior to the start of work, identify the presence, location, and quantity of asbestos-containing materials (ACM) and/or presumed ACM (PACM) in the work area. This information must be communicated to contractors bidding on work, contractors performing other work, and employees and tenants in or adjacent to the work area. Additionally, the Puget Sound Clean Air Agency (PSCAA) Regulation III, Article 4 requires that an asbestos survey be conducted prior to a renovation or demolition of existing buildings. Amec Foster Wheeler proposes to conduct a limited "good faith" asbestos survey of the site buildings. The survey, bulk sample collection, and sample preparation will be conducted by Asbestos Hazard Emergency Response Act(AHERA)-Certified Building Inspectors in accordance with federal, state, and local regulatory requirements. The Amec Foster Wheeler sampling protocol for asbestos is modeled after EPA regulation 40 CFR 763.86, Puget Sound Clean Air Agency(PSCAA) Regulation III,Article 4, and by Washington State Department of Labor and Industries (WSDLI) Regulation WAC 296-62-077. 2.1 Scope of Work To support due diligence, Amec Foster Wheeler's team will also conduct a survey for other regulated materials including lead-based paint, polychlorinated biphenyls (PCB), and mercury in fluorescent light tubes, switches and thermostats. The following is a break-down of the tasks that will be completed: TASK 1A: Amec Foster Wheeler will collect bulk asbestos samples for the purposes of characterizing suspect asbestos-containing building materials within the Site buildings. Because the Site buildings were constructed at different times and have had multiple renovations over the years, Amec Foster Wheeler will have to sample each residence separately. Samples will be collected in a nondestructive manner with limited damage to the building materials. The bulk asbestos samples will be submitted to NVL Laboratories in Seattle, Washington for analysis. NVL participates in the National Volunteer Laboratory Accreditation Program (NVLAP). The asbestos samples will be analyzed by US Environmental Protection Agency(EPA) method 600/R-93/116, using polarized light microscopy (PLM)with dispersion staining. Amec Foster Wheeler anticipates collecting approximately 75 samples. TASK 1 B: In addition to asbestos,Amec Foster Wheeler will collect a limited number of samples for lead (Pb)-containing paint(LCP). The purpose of the limited LCP sampling is to determine the presence of lead in paint among the building components that will be amec io foster Mr. Matt Knox Wheeler City of Kent January 6, 2017 Page 6 of 8 disturbed during this project(e.g. walls, windows, doors, window and door trim, etc.). Amec Foster Wheeler will collect bulk paint chip samples on representative building components throughout the Site buildings, The bulk paint chip samples will be submitted to NVL Laboratories and will be analyzed by flame atomic absorption by EPA method 7000B. NVL participates in the American Industrial Hygiene Association (AIHA)for quality control procedures. Amec Foster Wheeler anticipates collecting approximately L6 paint chip samples. TASK 1c: In addition to asbestos and lead paint, Amec Foster Wheeler will collect information regarding PCBs, and mercury-containing light tubes, switches, and thermostats that may be located in the Site buildings. These materials will be specifically addressed as follows: ■ PCB-Containing Materials-The identification of potentially PCB-containing materials will be limited to visual confirmation of common electrical devices (e.g., fluorescent lighting ballasts, circuit breakers, and transformers). For the purposes of this proposal, Amec Foster Wheeler will assume that all of the electrical devices identified are PCB-containing and quantity throughout will be provided in the final report. • Mercury-Containing Materials- The identification of potentially mercury-containing materials will be limited to visual confirmation of common items such as fluorescent light tubes and thermostat switches. For the purposes of this proposal, Amec Foster Wheeler will assume that all of the devices identified are mercury-containing and quantity throughout will be provided in the final report. Amec Foster Wheeler will prepare one Limited"Good Faith"Asbestos& Other Regulated Materials Survey Report. The report will include a summary of regulated materials identified, site descriptions, table of results, laboratory analytical reports, selected photographs, and sample location figures. Amec Foster Wheeler will provide one electronic copy of the survey report. 2.2 Limitations The purpose of an asbestos survey is to reasonably test for evidence of asbestos in suspect or randomly selected materials at a facility. This survey is limited in that it is non-destructive, thus concealed materials (between walls, above ceilings, in pipe chases, or other inaccessible areas) may not be sampled or noted if not observed. It should be noted that no survey can be comprehensive or exhaustive enough to completely eliminate the possibility that asbestos present at the site may not be detected during the survey. Therefore,the completion of any surrey for asbestos should not be considered a warranty or guarantee that these materials do not exist, even if they are not detected through a survey. . k I 3 amec faster Mr. Matt Knox wheeler City of Kent January 6, 2017 Page 7 of 8 3.0 SCHEDULE Amec Foster Wheeler will initiate work when the contract is finalized and a notice to proceed is issued. Information gathering will begin within one day of notice to proceed. Amec Foster Wheeler will mobilize to the site within one week of notice to proceed. Asbestos and lead sample laboratory results will be requested on a standard -day turn-around time. The final reports will be submitted electronically to you within 20 business days after the authorization to proceed is received, provided access to the site is made available within five days of authorization. Key points of our studies could be provided prior to the final report, for instance, if any potential "red flags" are discovered, we will communicate those to you promptly. 4.0 ASSUMPTIONS 1. The current land owner will provide rights-of-access to the property and assist in coordination for the site reconnaissance. 2. Fieldwork will be completed in one visit, with two Amec Foster Wheeler personnel. Work will be conducted between Monday and Friday between the hours of 6 am and 5 pm. If additional visits are required, they will be billed in addition to the original budget. 3. Fieldwork for the ESA includes a reconnaissance-level survey only for evaluation of visible evidence of RECs. 4. Destructive sampling will not be conducted„ and as such prior to demolition additional samples may be required (assumed materials, materials hidden between walls and in ceilings, toxicity characteristic leaching procedure samples for disposal waste streams). 5. Amec Foster Wheeler does not require collecting more than 75 bulk asbestos sarnples, and 15 bulk lead samples. 6. A laboratory turn-around time of 5 business days will be used for analyses of the asbestos and lead samples. 7. The final reports will be provided as an electronic pdf file, unless other formats are requested. 5.0 COST ESTIMATE All work will be conducted on a time and materials budget in accordance with our agreement with the City of Kent and our 2016 rates and multiplier used on previous 2016 City of Kent projects. No work. will be performed outside this scope of work without your verbal or written authorization, if special circumstances or delays (not attributed to Amec Foster Wheeler) are encountered, you will be notified immediately; any perceived change orders will be communicated to you as quickly as possible. The estimated cost for this Phase I ESA is$7,700 as shown in the attached cost table. amec - faster Mr. Matt Knox wheeler City of Kent January 6, 2017 Page 8of8 I i 6.0 CLOSURE Amec Foster Wheeler appreciates the opportunity to provide the City of Kent with this proposal, and hope you select us to assist you with this project. If you have any questions or comments, or require additional information, please do not hesitate to contact us, Sincerely yours, Amec Foster Wheeler Environment& Infrastructure, Inc. 1 _1Vv� C to Thimsen athlee� n, �9 9 Se for Environmental Scientist Principal Hydrogeologist Direct Tel.: (206)838-8469 Direct Tel.: (206)342-1780 E-mail: crystal.thimsen@amecfw.com E-mail: kathleen.goodman@amecfw.com KM:Ipm r:10001 proposals1201 Tcity of kent100112017 01-06 city of kent barber prop phase i proposal_sx.docx Enclosure: Table 1 —Budget Estimate I a TABLE I arnec BUDGET ESTIMATE foster Barber Property, 24246 Green River Road wheeler Kent, Washington PHASE 1 ESA Description Rate Units Quanti Cast LABOR Principal K. Goodman) $183 Hours 2 $366 Senior Scientist(C. Thimsen) $130 Hours 8 $1,040 Technical Professional 1 T. Henningsen and J. Tone ) $105 Hours 44 $4,620 Drafting/Graphics(A. Stenberg) $117 Hours 2 $234 Tech Editor(M.Withers) $121 Hours 2 $242 Administrative (L. [day) $62 Hours 2 $124 Direct Labor Subtotal $6,625 Other Direct Costs Car Mileage $0.535 Miles 100 $54 Supplies $10Ct Lump sum 1 $100 Subtotal $154 Markup 10 % $15 SUBTOTAL $169 SUBCONTRACTORS NVL Laboratories Sulk Asbestos(5-day TAT) $9 Each 75 $675 Bulk Lead (5-day TAT) $10 Each 15 $143 Subtotal $818 Markup on Subcontractors 10 % $82 SUBTOTAL 1 $899 PROJECT TOTAL $7,694 Abbreviations City=City of Kent Ecology=Washington State Department of Ecology ESA=environmental site assessment HBM = hazardous building material TAT turn-around time Assumptions: Assume two technical professionals in the field for site visit and HBM survey each at 8 hours, plus 1 hour prep time. Assume 18 hours total for report preparation. Includes 8 hours for Ecology file review, in case files are accessible in the City's time frame. Amec Poster Wheeler R:W001 Pro Posals\2017kCity of Kent10011Tadle 1Phase 1,and Gonad Faith CostEstirnate.xls Page 1 of 1 { l l 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 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. 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. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $3,000,000 per claim and $3,000,000 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 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. AC�® DATE(MM1DDNYYY) CERTIFICATE OF LIABILITY INSURANCE 01/26/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must 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 Risk Partners, LLC PHONE FAX AIC No): E-MAIL Campus View Plaza ADDRESS: 1250 Route 28, Suite 201 INSURERS AFFORDING COVERAGE NAIC N 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: AMERICAN ZURICH INS CO 40142 600 University St., Suite 600 INSURER0: INSURER E: Seattle, WA 98101 INSURERF: COVERAGES CERTIFICATE NUMBER: 49011306 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. ILTR TYPE OF INSURANCE ADD POLICY NUMBER MMIDDYNYYY MMIDDIIYEYYY LIMITS A X COMMERCIAL GENERAL LIABILITY HDO 024557728 05/01/16 05/01/17 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED CLAIMS-MADE aOCCUR PREMISES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY PRO D JECT X]LOC PRODUCTS-COMPIOPAGG 3 4,000,000 OTHER: $ B AUTOMOBILE LIABILITY HAP 9483148-05 05/01/16 05/01/17 COMBINED SINGLE LIMIT g 1,000,000 E. i ant X ANY AUTO BODILY INJURY(Per person) $ K ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ NQN-OWNED X AUTOS PROPERTY DAMAGE $ NON-O HIRED AUTOS X AUTOS (Per accident) X Comp $1,00 X Coll $1,000 $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DIED I I RETENTION$ $ C WORKERS COMPENSATION WC 350486E-15 05/01/16 05/01/17 X PTR ORH- AND EMPLOYERS'LIABILITY C ANY PROPRIETORIPARTNERIEXECUTIVE F NIA WC 3867133-09 05/01/16 05/01/17 E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 B Architects & Engineers Prof. IPR 1008375-01 05/01/16 05/01/17 Any One Claim/Agg 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may bo attached If more space is required) Re: Phase 1 ESA and Limited Good Faith Asbestos & other Regulated Material Survey for the Barber Property located at 27246 Green River Road, Kent WA Project Start Date: Jan-06-2017 - Project Completion Date: Jan-06-2018 The 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, 400 West Gowe Street AUTHORIZED REPRESENTATIVE Kent, WA 98032 USA �') W.S�R---�- �. FF��.�� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Nhuddy 49011306 POLICY NUMBER: HDO G24557728 001 Endorsement Number: 36 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 Organization(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 to "bodilyinjury" or " damage" or "personal and advertising injury" pp y caused, in whole or in part, by: property damage"occurring after: 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 2010 0413 ©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 0413 POLICY NUMBER: HDO G24557728 001 Endorsement Number: 54 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 All parties where required by Insured Contract All work conducted by AMEC USA Holdings, Inc. executed prior to a 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 POLICY NUMBER: HDO G24557728 001 Endorsement Number: 35 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 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: BAP 9 4 8 314 8-05 COMMERCIAL AUTO CA20481013 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: AMEC USA HOLDINGS,INC. Endorsement Effective Date: 05/01/16 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 II — 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 ©Insurance Services Office, Inc., 2011 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or Indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION This endorsement changes the policy to which It Is attached and Is effective on the date Issued unless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 05/01/16 Policy No. WC3504866-15 Endorsement No. Insured AMEC USA HOLDINGS,INC. Premium$ Insurance Company American Zurich Insurance Company Countersigned By WC 00 0313 (Ed.4-84) Copyright 1983 Narlonal Council on Compensallon Insurance POLICY NUMBER: HDO G24557728 001 Endorsement Number: 71 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©insurance Services Office, Inc., 2008 Page 1 of 1 Waiver Of Transfer Of Rights Of Recovery Against Others To Us Policy No. Eff, Dale of Pol. Exp. Date of Pol. Eff. Date of End. Agency No. Addl.Prem. Return Prem. BAP 9483148-05 1 05/01/16 05/01/17 05/01/16 N/A NIA This endorsement is issued by the company named in the Declarations.It changes the policy on the effective date listed above at the hour stated in the Declarations. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: AMEC USA HOLDINGS,INC. Address(including ZIP code): 1979 Lakeside Pkwy,Tucker,GA 30084-5935 This endorsement modifies insurance provided under the: Business Auto Coverage Form Truckers Coverage Form Garage Coverage Form Motor Carrier Coverage Form SCHEDULE Name of Person or Organization: ONLY THOSE PERSONS OR ORGANIZATIONS FOR WHOM YOU ARE REQUIRED TO WAIVE YOUR RIGHTS OF RECOVERY UNDER THE TERMS OF A WRITTEN CONTRACT. We waive any right of recovery we may have against the designated person or organization shown in the schedule because of payments we make for injury or damage caused by an"accident' or"loss' resulting from the ownership,maintenance,or use of a covered "auto' for which a Waiver of Subrogation is required in conjunction with work performed by you for the designated person or organization.The waiver applies only to the designated person or organization shown in the schedule. Countersigned: Date: Authorized Representative U-CA-320-B CW(4/94) Page 1 of 1