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HomeMy WebLinkAboutPW17-217 - Original - Amec Foster Wheeler Enviro & Infrastruct, Inc. - Habitat Conservation Measure 3 - 05/11/2017 /�l�rr l/ • Records K ENTDocumen WVA$FY I Nup^TflM ��/ //� CONTRACT COVER SHEET This is to be completed by the Contract Manager prier 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 11 - 1 This is assigned by City Clerk's Office Project Name: Habitat Conservation Measure 3 Description: El Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract El Other: Contract Effective Date: /11/17 Termination Date: 12/31/1.7 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment. Contract Manager: Richard Schleicher Department: Engineering Contract Amount: $5,769.00 Approval Authority: (CIRCLE ONE') (Department Director Mayor City CounciG Detail: (i.e. address, location, parcel number, tax id, etc.): Conduct a Cultural Resources Survey for the Clark Springs - Rock Creek Habitat Conservation Measure 3. 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 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 conduct a Cultural Resources Survey for the Clark Springs - Rock Creek Habitat Conservation Measure 3. 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 Five Thousand, Seven Hundred Sixty Nine Dollars ($5,769.00), 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 duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation 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 dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) f • . 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. 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 shall 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 QkENT: By. h-1 JA By; '-SIgna ure) signature)a 4�4" Pri me i Print Name: Timothy ]. LaPorte, P.E. Its: Its: Public Works Director tie) DATE. D ATE: V 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) Amec FoStev WheOer.Habltat ConservAlOr measure 3/Schleicher 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: For: Title: Date: L-7- EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as I that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A amec foster wheeler April 18, 2017 Mr. Richard Schleicher $gnt via e-mail: R rhleicher@kentwa.aov City of Kent Public Works Engineering 220 Fourth Avenue South Kent, Washington 98032 Subject: Proposal and Cost Estimate for Cultural Resources Survey Clark Springs —Rock Creek HCM-3 (Lower Rock Creek) Kent, Washington Dear Mr. Schleicher: Amec Foster Wheeler Environment& Infrastructure, Inc. (Ames Foster Wheeler), is pleased to submit this proposal to the City of Kent(the City)to conduct a Cultural Resources Survey for the Clark Springs—Rock Creek Habitat Conservation Measure 3 (HCM-3). The proposed project would connect a small unnamed wetland and pond, located immediately west of Rock Creek, to the main creek channel by removing portions of a berm that has isolated the historic channel. Connecting the wetlands with Rock Creek would create and make available off-channel rearing and flood refuge habitat for use by juvenile salmonid species. The purpose of the cultural resources survey is to identify significant cultural resources that may be present in the project's area of potential effects as part of the City's permitting requirements under the Joint Aquatic Resources Permit Application (JARPA) process. Section 106 of the National Historic Preservation Act of 1966 (NHPA) requires federal agencies to take into account the effects of their undertakings on historic properties. Approval of the JARPA permit falls under the Section 106 requirements. This proposal presents our scope of work and cost estimate to conduct the survey. 1.0 BACKGROUND LITERATURE REVIEW Background literature review will include a review of ethnographic and historical literature on Native American and early Euro-American uses of the project area, historic maps, and records on file at the Washington State Department of Archaeology and Historic Preservation (DAHP). Information obtained from the record search will refine our knowledge of the types and conditions of sites to be anticipated during field investigations and will be summarized in the final technical report.A preliminary review of the DAHP database identified no previously documented archaeological sites within or directly adjacent to the project area. 2.0 FIELD SURVEY Amec Foster Wheeler will conduct an archaeological survey of the project area that will focus on identifying below-ground archaeological resources. This will be accomplished by conducting a pedestrian survey and limited subsurface investigation using shovel test probes. Amec Foster Wheeler will work with the City of Kent in setting up an appropriate fieldwork schedule. The field methods are described below. Amec Foster wheeler Environment$Infrastructure,Inc. 600 University Street,Suite 600 Seattle,Washington USA 96101-4107 Tel (206)342-1760 Fax (206)342-1761 www.amecfw.com t amec foster Mr. Richard Schleicher wheeler City of Kent April 18, 2017 Page 2 of 3 Pedestrian Survey. Surface inspection will entail walking over the land surface in transects spaced less than 32 feet(10 meters) apart and inspecting all exposed ground.Any archaeological materials observed will be flagged for subsequent documentation.A metal detector may be deployed at the discretion of the archaeologist in an attempt to locate buried metal objects within the project area. Any discovered historic metal objects will be mapped by GPS, documented in place, and returned to its find spot. Shovel Test Probes. Hand-excavated shovel test probes, measuring 12 to 15 inches (30 to 40 centimeters) in diameter at the surface, will be placed across the entire project area. Probes will be spaced at less than 65-foot (20-meter) intervals in areas with moderate to high probability for unknown archaeological resources. Depths of the probes will vary, but will extend approximately 24 to 39 inches (60 to 100 centimeters) below the ground surface. Shovel testing results will be documented on Amec Foster Wheeler auger/shovel test record forms. If archaeological material is identified in a probe, additional probes will be excavated around the original find spot at 16-foot (5- meter) intervals in an attempt to delineate the find. All excavated sediment will be screened through 1/4-inch (0.635-centimeter) hardwire mesh onto a drop cloth and returned to the hole after being examined. Archaeological materials found during fieldwork will be documented by location and depth, photographed, described, and left on site.Any temporally or functionally diagnostic artifacts found will be mapped using GPS, photographed, and left on site. No artifacts will be collected during the fieldwork portion of this project, unless circumstances of the find require collection and further analysis. Decisions to collect archaeological materials will be at the discretion of Amec Foster Wheeler's field archaeologist in collaboration with the City of Kent. Any archaeological site or isolate discovered during the project will be documented on Washington State DAHP Archaeological Site/isolated Find record forms. 3.0 REPORTING Results of the fieldwork will be presented in a draft technical report prepared according to DAHP guidelines. The report will be submitted to the City of Kent in completed draft form for review and comment. If archaeological testing (i.e., Phase 2) is required, this work would need to be completed under a separate scope of work and budget. If the City of Kent has comments on the draft report, they will be incorporated into a final technical report. Otherwise, the submitted draft will be considered the final report. Amec Foster Wheeler will submit the finalized report to DAHP and affected Native American tribes for review and concurrence on findings. DAHP will subsequently issue a letter either concurring with the findings or recommending additional work. The City of Kent will forward the report for JARPA review. 4.0 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 amec foster Mr. Richard Schleicher wheeler City of Kent April 18, 2017 Page 3 of 3 immediately; any perceived change orders will be communicated to you as quickly as possible, The estimated cost for this Cultural Resources Survey is $5,769, as shown on the attached Table 1. 6.0 CLOSURE Amec Faster 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. C Q _Vvwv� . S�� Cr�stal Thlmsen Jrim Gernsh Senior Environmental Scientist Archaeologist Direct Tel,: (206)838-8469 Direct Tel.: (425) 368-0976 E-mail: crystal.thimsen@amectw.com E-mail: tim.gerrish@amecfw.com CT:Ipm r:10001 proposals120171city of kentk002\2017 04-14_rock creek cultural resources survey proposal_sx.docx Enclosure; Table 1 — Budget Estimate U N Q1 N 04 o m m N QJ cv � �' � �� � w � w a� L - u3 w 40 co wa f[0 40 N ' a o ~ LL e ~ U C N N go v 0 O 0 C7 U Q W O 0 0v000ov Cl) � a Y () wtow wwww ww � w Y � a ° LL ccOcoa 0 a a kn N C7 a+ O coo O N 00 O 0 0 0 0 •p V wVV)IM ww4w mlAww 09 N � � W `a m v a m m ow v00 0 fn J (7 w W a r zi 0 a— N O) d O (00o00 ONrn 0000 uJ ~ ems mU N wwwww— w�r► ww J WT to m m Y c to uj M U N O O O O N O MxY •d N per U � U Law w 'El O � C 0 0 0 0 0 0 W U T Ln 2 r 0 O IT N O 0 N O w 0ao Om Coco to 0 e°2 w �7 _ O 7 N � O a w (7 H J a d ` Ego } yG s� c $ CD Zvi m o Q O 0 O U c •o •� v rn ¢ J m m g 16 0 .. O� w — F « ° a v_, 2B a 0 M.0 < � c d� •~ - m �- 2 0 � d `r`3 va Cm�7 ° � 00 to N o EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. ACORO® DATE(MMIDDNYYY) CERTIFICATE OF LIABILITY INSURANCE 05/05/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-908-566-1010 CONTACT NAME: Lauren Bowman Construction Risk Partners FAX a JLT Group Company EMAILPHONE • 908-566-1010 908-566-1020 Campus View Plaza ADDR amecfw®constructionriskpartners.com 1250 Route 28, Suite 201 INSURERS AFFORDING COVERAGE NAICN Branchburg, NJ 08876 INSURER A:ACE AMER INS CO 22667 INSURED INSURER B: ZURICH AMER INS CO 16535 Amec Foster Wheeler Environment & Infrastructure, Inc. INSURER C 4020 Lake Washington Blvd NE, Suite 200 INSURERD: INSURER E: Kirkland, WA 98033 INSURERF: COVERAGES CERTIFICATE NUMBER:49795379 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. IN SR TYPE OF INSURANCE ADDL SUBR?— POLICY NUMBER MOMIDD EFF MAOIILDDIYYYY LIMffS LTR A X COMMERCIAL GENERAL LIABILITY HDO G27851162 05/01/17 05/01/18 EACHOCCURRENCE $ 2,000,000 A E T ENTED $ 100,000 CLAIMS-MADE X, ccu OCCUR PREMISES Ea orrence MED EXP(Any one person) S 10,000 PERSONAL&ADV INJURY $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE is 4,000,000 POLICY PRO rA I LOC ' PRODUCTS-COMPIOPAGG $ 4,000,000 JECT OTHER: Is B AUTOMOBILE LIABILITY I BAP 9483148-06 05/01/17 65/01/18 Eaa SINGLE LIMIT $ 1,000,000 X ANY AUTO I BODILY INJURY(Per person) S X OWNED j SCHEDULED I BODILY INJURY(Per accident) $ AUTOS ONLY 'AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY x_,AUTOS ONLY Per accident $ X comp $1,00Qx Coll $1,000 $ UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y 1 N STATUTE ER ANYPROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $ OFFICERIMEMBEREXCLUDED7 N I A (Mandatory in NH► E.L.DISEASE-EA EMPLOYEE $ If yas,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Architects & Engineers Prof BOC1008375-02 05/01/17 05/01/18 Any One Claim/Agg 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101.Additional Remarks Schedulo,may be attached if more space is required) Re: Cultural Resources Survey for the Clark Springs - Rock Creek HCM-3, Project #: PS17190520 Project Start Date: May-05-2017 - Project Completion Date: Dec-31-2018 City of Kent is an additional insured on the General Liability and Automobile Liability policies as required by written contract. 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. 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent, WA 98032 I USA ts.b— 1`• ffddDDJJ��•- ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Nhuddy 49795379 POLICY NUMBER: HDO G27851162 Endorsement Number: TBD COMMERCIAL GENERAL LIABILITY CG20100413 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 "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: 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 G27851162 Endorsement Number: TBD 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 11 — 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 G27851162 Endorsement Number: TBD 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 POLICY NUMBER: HDO G27851162 Endorsement Number: TBD 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 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 awritten 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 tl is attached and is effective on the dale issued unless otherwise stated. (The information below Is required only when this endorsement Is issued subsequent to preparation of the policy.) Endorsement Effective 05/01/17 Policy No. WC 3504866-16 Endorsement No. Insured AMEC USA HOLDINGS,INC. Premium$ Insurance Company American Zurich Insurance Company Countersigned By WC 00 0313 (Ed.4-84) Copyright 1983 Nalional Council on Compensation Insurance POLICY NUMBER: Br P 9 4 3 3_4 8-9 6 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: 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 EXECU':-ED PR:OR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIB777D BY _.AW. 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 1 — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 Waiver Of Transfer Of Rights Of Recovery Against Others To Us Policy No. Eff.Date of Pol. Exp. Date of Pol. Eff. Date of End. Agency No. Addl.Prem. Return Prem. BAP 9483148-06 05/01/17 05/01/18 05/01/17 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"lost'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