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HomeMy WebLinkAboutPW17-362 - Original - Amec Foster Wheeler Environment & Infrastructure - Mill Creek Reestablishment Conceptual Designs - 06/15/2017 i it ek-Airds M 1111" ge KENT 'W4'A3ki1 MC".TflW �// �� Documenf it ilyi CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be co�mp�l'eted. 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: PVV I- M This is assigned by City Clerk's Office Project Name: Bill Creek reestablishment Description: I Interlocal Agreement ❑ Change Order ❑ Amendment [Z Contract ❑ Other: Contract Effective hate: Late of the Mayor's signature Termination Date: 12/31/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Toby Hallock department: Engineering' Contract Amount: $19,289.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Provide conceptual designs for Moll Creek sediment capture facilities to support the City's efforts to remove sediment from and reduce sediment deposition within the channel of Mill Creek,. As of: 08/27/14 • KENT Ww ..i...T.I 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: Kathleen Goodman (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide conceptual designs for Mill Creek sediment capture facilities to support the City's efforts to remove sediment from and reduce sediment deposition within the channel of Mill Creek. 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 Nineteen Thousand, Two Hundred Eight Nine Dollars ($19,289.00), 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 (Over$20,000) 1 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 (Over$20,000) f 1 • 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 (Over$20,000) 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 (Over$20,000) K. CounterDarts 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 ernail 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: mm CITY OF KENT: By: By: ((Siq not§'e))�— (signature) Print Name: ^41, OdAla n ZPt NAa : Suzette Cooke M its Pr I nr is Ma or I (title) DATE:��" -0- '7 DATE: -I- NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Kathleen Goodman Timothy J. LaPorte, P.E. Amec Foster Wheeler Environment & 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) 341-1761 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ArrleC Foster Wheeler,hiffl Crk ReestabicshnieW 2/Hi'llOck CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: -,, For: )KU Z-4 I& Title: 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 amec May 22, 2017 foster wheeler Mr. Tobias Hallock, P.E., C.F.M. Environmental Engineer City of Kent Public Works Department 220 Fourth Avenue South Kent, Washington 98032 Subject; Proposal for Mill Creek Sediment Capture Conceptual Design Kent, Washington Dear Mr. Hallock: Amec Foster Wheeler Environment & Infrastructure (Amec Foster Wheeler) is pleased to submit this proposal to provide conceptual designs for Mill Creek sediment capture facilities to support the efforts of the City of Kent (the City) to remove sediment from and reduce sediment deposition within the channel of Mill Creek located in Kent, Washington. Our conceptual design will support the City's environmental impact statement(EIS) and potential acquisition of the Kent school district property. This work will build on our"Sediment Study, Mill Creek Reestablishment Project (#13-3002), Creek Mile 1.74 to Creek Mile 7.4" report completed in December 2015; refining the concept presented therein to evaluate three areas where sediment could deposit and be periodically removed by the City: Earthworks Park, the senior center, and the school district property. These facilities would reduce the potential for sediment deposition in downstream reaches of the creek that may cause or aggravate localized flooding of city streets and properties along the stream. PROJECT UNDERSTANDING Amec Foster Wheeler's proposed scope of work is to provide technical assistance as outlined in this proposal. SCOPE OF WORK Task 1.1 —Site Visit Amec Foster Wheeler will coordinate with the City staff to schedule a site visit at a mutually-agreed- upon time, in order to verify implementation of initial conceptual design details and better understand the conditions of the three potential sediment capture sites. We will also use this opportunity to discuss the desired aesthetics and site features to best integrate the proposed facilities with neighboring properties with City staff. Task 1.2—Sediment Capture Conceptual Design Our team of geologists, engineers, and landscape architects will develop conceptual designs for sediment capture facilities at the three locations selected by the City. These designs will consist of a conceptual plan for each site showing the key design elements, and a memorandum discussing the basis of design. We envision that each site will be developed to maximize the amount of sediment that can be retained, so as to minimize the required maintenance and optimize the benefit to downstream reaches of the Mill Creek. The design concepts that will consider the following items: Amec Foster Wheeler Environment&Infrastructure,Inc. 600 University Street,Suite 600 Seattle,Washington USA 98101-4107 Tel (206)342-1760 Fax (206)342-1761 www.amecfw.com Mr. Tobias Hallock ef11ec City of Kent Engineering Department foster May 22, 2017 wheeler Page 2 of 3 • Footprint of primary sediment capture area, • Preliminary layout of vegetated filtration features, • Locations for maintenance access, • Fencing and landscape buffer at the Kent School District site and no fencing and limited landscape buffer and the senior center and Earthworks Park sites, Flow diversion structures to divert select ranges of stream flow to the facilities, • Discharge conveyance to return treated flow to the stream, including erosion protection and energy dissipation features, and • Operational controls, such as adjustable weir design concepts, so that facilities can be monitored and tuned in the future. At this stage, we do not propose to conduct hydraulic or hydrologic modeling but rather to base the conceptual design on the available space, ability to divert water from the stream and return treated water to the stream, and the City's desired landscape buffers and maintenance access requirements. We envision these facilities will remove sediment by providing quiescent conditions for gravity settling to occur, with the incorporation of grassy vegetation to physical filter and slow down water flowing through the sites. Deliverables 1. An 11 x1 7 scale plan exhibit for each site showing design feature types and locations. 2. Basis of Design Report documenting the sizing and design factors applied at each site. ASSUMPTIONS We have made the following assumptions for this scope of work: • 2016 LiDAR topographic data will be download from the Puget Sound LVAR Consortium. • Utility mapping and recent aerial photo will be provided by the City. • A draft memorandum will be submitted in electronic format to the City. Upon receipt of one round of written comments, Amec Foster Wheeler will respond to comments and submit a final electronic copy of the memorandum and revised conceptual plans. • The comments on the draft memorandum will be relatively minor. • Detailed hydraulic computations will be deferred to the future, after a preferred site has been selected. SCHEDULE Work is to be completed by June 30, 2017, in preparation for a meeting between the City and the Kent School District for one of the three properties under evaluation as a sediment capture location. Mr. Tobias Hallock amec City of Kent Engineering Department foster May 22, 2017 wheeler Page 3 of 3 COST ESTIMATE Based on the scope of work described above, we estimate the cost to complete the sediment pond conceptual design to be approximately $19,300. A detailed cost breakdown is provided in Table 1. All work will be conducted on a time-and-materials basis in accordance with the labor rates shown on Table 1 and the City's standard agreement. We will not exceed the estimated budget without the City's prior authorization. Amec Foster Wheeler appreciates the opportunity to provide the City with this proposal. Please let us know if you have any questions or if you would like additional information. Sincerely yours, Amec Foster Wheeler Environment& Infrastructure, Inc. L C�.F/1tJ ��tJ —�U athleen Good n, L.G., L.Hg. Amy T cher, P.E. Principle Hydrogeologist Senior Engineer-Civil Direct Tel.: (206) 342-1780 Direct Tel.: (206) 838-8460 E-mail: kathleen.goodman@amecfw.com E-mail: amy.thatcher@amecfw.com Enclosures: Table 1 —Proposal Cost Estimate w O L a °' oCL E O C) O CD 'ct M I- O C) Il- O M In O 00 cn V r- 00M � 000O h O � to T- W w Q (j Efl613 � OM (DMmNO N� (A � N F. ` C 000 NtDo ol0 0 006 C CA •+ I� f� CO �t d700oD O EA EA EAlf� N 7 '0 N mCv) 0) MCDMN N •' O to 69 69 cl 133 V � » M �� v> r — Y C 7 NN (DaDMNCw) � £ CL °' c c � U V' 00000 � 000to M (noOo00 U) ffl EA 0 fA (OD M GH EH EA 000 N 69 N O C O ce 693 cj to eH j r N U 69 69 GH Y , F O) OOOo (DM 000 0 r r 7 N C M Q � U c FW- O O E E m z N I M 2 = _ = 2 M _ E E W J J � � U C C 0LOtoOOOr- OON �nC? O N OD co co Ooor- cno V E Y � » 0u% 61) » `fl CD =o o .- Y � m r O rn U .0 O a Ncn ca A c 0 w Q g w o a c0 0 w w c C 0) N N N C uJ c ~ UJ t CL _a in v = c Ci m F- -' a) m X c (— U co WQ W m m Oi m m0) 0) c ai CO E ' Q 0)Ecn -0 . c c c U c C W oaW S W a � o c U n O ,= Y c0 (0 f0 L1J ` W .0 m N cn c � Q.0 U U p .a O .- L N �L m V) N O N N O W '� ) 0 N o� G O O s 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 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 2,000,000 per claim and $4,000,000 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. A`ORO® CERTIFICATE OF LIABILITY INSURANCE 06/08/20`17 " THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the POlicy(les)must 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 CO NAMLa.an Bowman Construction Risk Partners PHONE 908-566-1010 PAX a JLT Group Company A/C No- 908-566-1020 Campus View Plaza EDDRE ame fwgconstructionriakpartners.com 1250 Route 28, Suite 201 INSURERS AFFORDING COVERAGE NAIC# Branchburg, NJ 08876 INSURERA: ACE AMER INS CO 22667 INSURED INSURERS: ZURICH AMER INS CO 16535 Amec Foster Wheeler Environment & Infrastructure, Inc. ACE PROP � CAS INS CO INSURER C: 20699 One Union Square INSURERD: AMERICAN ZURICH INS CO 40142 600 University Street, Suite 600 INSURERE: Seattle, WA 98101-4107 INSURERF: Ed COVERAGES CERTIFICATE NUMBER:50057290 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. DL 9UBR POLICY EFF MP�� EXP LIMITS LTR TYPE OF INSURANCE POUCYNUMBER fYYYY A X COMMERCIAL GENERALUABILfrY HDO G27851162 05/01/17 05/01/18 EACH OCCURRENCE $ 2,000,000 CLAIMS.MADE a OCCUR DAMAGE TO RE PR M! $ 100,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 4,000,000 POLICY EC I1 LOC PRODUCTS-COMPIOPAGO $ 4,000,000 OTHER: $ B ALnOMOBILELIABILFTY BAP 9483148-06 05/01/17 05/01/18 COMBINED SINGLE LIMIT $ 1,000,000 Ea and X ANY AUTO OWNED SCHEDULED BODILY INJURY(Per person) $ g AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED X NON-OWNED AUTOS ONLY AUTOS ONLLYY PROPERTY DAMAGE S P enl $ X Comp $1,00 X Coll $1,00 $ C X UMBRELLA LIAB OCCUR XOO 027240665 05/01/17 05/01/18 EACH OCCURRENCE $ 11000,000 X EXCESS LIAR CLAIMS-MADE AGGREGATE $ 1,000,000 DEC) I RETENTION$ 10,000 $ D WORKERAND YERS'LSATIONILFT WC 3504866-16 05/01/17 05/01/28 X STATUTE orH ANO EMPLOYER8'LIAB[LnY D ANYPROFFICE IMEMBR/PARTNER/EXECUTNE YIN WC 3 86713 3-10 OS/01/17 05/01/18 E.L.EACHACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? N❑ NIA If er Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 I y describe und DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ 1,000,000 B Architects h Engineers Prof ZOCIOO8375-02 05/01/17 05/01/18 Any One Claim/Agg 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more apace Is required) Re: Mill Creek Sediment Capture Conceptual Design, Project #: SE14161330 Project Start Date: Jun-07-2017 - Project Completion Date: Dec-31-2017 The City of Rent is an additional insured on the General Liability, Automobile Liability and Umbrella 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 Attn: Nancy Yoshitake ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Avenue South AUTHORIZED REPRESENTATIVE Rent, WA 98032 'I USA W—u—L (Z, f+lD,�•or+ry 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks Of ACORD Nhuddy 50057290 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 i 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. i 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 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 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 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: WP waive anv rinht of rarnvPry wP ma_v have aaalnst 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 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 an the date issued unless otherwise stated. (rhe Information below is required only when this endorsement is Issued subsequent to preparallon 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 19M Nalional Council on Compensation Insurance POLICY NUMBER: H',= 9433148-05 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: Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON CR OR.=ANIZATION .0 WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, ^J:'2d-CO'i: ?I3UTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT :�R IOR TO LOSS, EXC PT WHERE SUCH CONTRACT OR AGREEM7-N_ _Z PRE.::____.. BY _�,ti. 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.I. 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. Add].Prem. Return Prem. BAP 9483148-06 1 05/01/0 05/01/18 05/01/17 N/A I N/A This endorsement is issued by the company narned 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: A,'IEC 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 ,1114ame 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 I of 1 HEgUEST FOR AYgR55SGN iUkE n . s namr Tbby Hallbck vnane (o. sOf MEN MIREzero.) 36 •"t �° Nancy � 12/31/1] AT �BM�p skw '.rv/n na��zee °e m0e� �20086 � a nen A is wr Ame «l w e le, ��er��a� eer9rero. . . N�� Greek.sep f 1 �l �+q � � retl menk qm and red etl me�rt tl'epos h n tie chan� of M I Creek... mswun eor�he emea s�nsea�e�r t�iwms�e t�, tco�s. 6 e amK wx IMP ( OU�� Hamm n-1cENTLAR71l'�Yfi '�^'� i CITY 4F KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This farm shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented argent of Amec Faster Wheeler Environment & Infrastructure, Inc. Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Mill Creek Reestablishment - Contract 2 that was entered into on the .dune 1.5, 2017 (date) between the firm I represent and the City of bent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of bent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: Far: , W L("I 0_2: Title: Date: Q4A1JJr1AJ1_ EEO COMPLIANCE DOCUMENTS - 1