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HomeMy WebLinkAboutPW17-503 - Original - Amec Foster Wheeler Environment & Infrastructure, Inc. - Mill Creek Reestablishment - 11/09/2017 r r �lr�/��/1✓ll����r���Nirl7ii�%fy���y�f J records Ma, a, "I Document wnatiieorory rr!/ r'd% ' CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Amec Foster Wheeler Environment & Infrastructure, Inc. Vendor Number: JD Edwards Number p Contract Number: i 11 This is assigned by City Clerk's Office Project Name: Mill Creek Reestablishment Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 11/9/17 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: 16,849:_00 Approval Authority: (CIRCLE ONE) (Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Conduct a geotechnical investiqation for the project. As of: 08/27/14 ✓ KII: a T 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 4020 Lake Washington Boulevard NE, Suite 200, Kirkland, WA 98033, Phone: (425) 368-0931, Contact: Jim Dransfield (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 geotechnical investigation for culvert number 5 for the Mill Creek Reestablishment project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2017. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixteen Thousand, Eight Hundred Forty Nine Dollars ($16,849.00), 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 INSURANCEI, 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. Recyc(a:ble 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) 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. Counter air itssn,d_,S cnat4rres by Fax r 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 l KENT: By: By. ( ignature) ( rynature) Print Name: is M _ Print Name: Timothy J. LaPorte, P.E. Its: y6 ti&2 IA& Its: Public Works Director (titre) DATE: ll DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Jim Dransfield Timothy J. LaPorte, P.E. Amec Foster Wheeler Environment & Infrastructure City of Kent 4020 Lake Washington Blvd. NE, Suite 200 220 Fourth Avenue South Kirkland, WA 98033 Kent, WA 98032 (425) 368-0931 (telephone) (253) 856-5500 (telephone) (425) 3681001 (facsimile) (253) 856 6500 (facsimile) Amec Foster Wheeler-MITI Crk Reestablishment 3/Holl-k 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. 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 belo , I agree to fulfill the five requirements referenced above. By: _ w 7 n For: Title: Date: w�4 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 1P+r� 17G� 9ye £zr� Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the A regiment known as Mlw CfEt�' ftG flf l T that was entered into on the lai7 (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: 4�q Title: G�FaGe- YA2 Date: Idh3J,-7 EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A w, September28, 2017 amec Proposal No. PS17-17949-B foster wheeler Mr, Toby HelloCk, PE ettt via e, Yall, #hltockkerk wa,gtav City of Kent Public Works 220 4th Avenue South Kent, WA 98032 Subject: Proposal for Geotechnical Investigation Culvert Number 5 Rehabilitation Kent, Washington Dear Mr. Hallock: As requested, Amec Foster Wheeler Environment & Infrastructure, Inc, (Amec Foster Wheeler), is pleased to submit this proposal to conduct a geotechnical investigation at Culvert Number 5, a three-sided arch culvert across Mill Creek, located at the Chandler's Bay Apartments entrance from Central Avenue. This proposal is based on the findings presented in the memo by Tetra Tech, Inc., titled "Culvert Modification Alternatives (Culvert No. 5 and No. 17)", submitted to City of Kent, dated September 29, 2015. That memo included a discussion of alternatives for rehabilitation of Culvert No, 5. The preferred repair alternative was to excavate a trapezoidal channel section below the existing base of culvert. To evaluate this alternative, Amec Foster Wheeler recommended investigating the condition of the Controlled Density Fill (CDF) that is reportedly below the creek and culvert foundation. The City of Kent has requested this proposal to perform this investigation. Our recommended approach is to angle-drill from the surface along the outside of the culvert, as Illustrated In the sketch below (dimensions and angles are approximate, and will depend on site conditions where It is feasible to drill to avoid utilities and other obstructions). Amec Foster Wheeler Environment&Infrastructure, Inc, 11810 North Creek Parkway N Bothell,Washington 98011 (425)368-1000 Phone (425)368-1001 Facsimile V"AMNIAMM Mr. Toby Hallock, PE City of Kent t` ec September 28, 2017 fuser Page 2 of 4 wheaelpr Wain to 6 iH a borft and carte through the tIDR, at this orioN,,'i ion'n +n e ( „nf'a^twn fi cwn Cn 4M w ' � 7 nrtl / n z ✓f/�,'� rl �� r �� � �0y � I�'��(,��ri°b ii} ;� w�x*ff ,��F �r��ii �rr' /��r��"��'i�r����;,. J�'a`�� /;Hai^✓(l'%GV ����� ' d�,' �,r�xr,;' '�l��rw/r✓n f���f'�9 .y'",Y,t �,C./i'�i���/r �2�P14>>l� ir�l%n�'r,�„1,✓e"F'�f�ti��u�n. �� tirrwr u, roc,�M rw„a° rce.wawroa ,.—._ ._ ri SCOPE OF WORK Our recommended scope of work is as follows. e Recannissace and Field Preparation. Amec Foster Wheeler will visit the site to locate exploration locatlons and meet with utility locators. Field Exploration. One to two exploratory borings will be advanced with a track-mounted drill rig using sonic drilling methods. Each boring will be drilled at an angle, with a total estimated depth on the order of 15 feet below ground surface. The drill rig will be operated by an Independent firm working under subcontract to Amec Foster Wheeler. The sonic drilling method will retrieve 4- inch diameter disturbed Out continuous cores of the soil profile, which will be photographed and logged by an engineering geologist from Amec Foster Wheeler. An attempt will be made to recover intact samples of the CDF for strength testing. Mr. Toby Hallock, PE ,4 City of Kent 7 September 28, 2017 amec foster Page 3 of 4 wheeler Labaratory TestiM. If recovery of intact CDF core samples is successful, we will submit samples to a local materials testing lab to conduct unconfined compression tests on up to three samples of the CDF. This will require sample preparation (trimming the ends of the cylindrical cores). Report Preparation. Upon completion of field and lab testing, we will provide a Geotechnical Engineering Report presenting the results of drilling and lab testing; conclusions regarding the feasibility of excavation through the CDF and below the level of culvert foundation; recommendations for cut slope inclinations, and recommendations for armoring the excavated slope. The report will be first provided as a draft, then finalized in response to comments provided by the project team. ASSUMPTIONS • No SPT blow counts will be taken, and no wells will be installed. • A proposed work plan illustrating the area of disturbance, and a description of the proposed restoration will be provided to the City for coordination with the apartment owner, It is assumed access by our drilling equipment to the landscape and lawn areas on the apartment property is permitted and will be coordinated by the City. • Work will occur off of the pavement and curbs, and therefore no traffic control is required. • Soil cuttings will be drummed and disposed of off-site, as Inert Demolition Waste. Environmental sampling and testing is not included. SCHEDULE ESTIMATE Upon receiving notice to proceed, we estimate we can conduct the field work within two weeks, depending on subcontractor availability. Lab testing will take one to two weeks after completion of drilling. We estimate we can provide a draft report of findings within three weeks of completing the field work (approximately five weeks from notice to proceed). We can complete a final report within one week of receiving review comments. BUDGET ESTIMATE Estimated Costs for this Time and Materials not-to exceed task are attached. Work is to be conducted under direct contract to the City of Kent. Mr. Toby Hallock, PE City of Kent amec September 28, 2017 foster Page 4 of 4 wheeler CLOSURE We appreciate the opportunity to submit this proposal. We understand this proposal will become an exhibit attachment to your standard professional services agreement. If you have any questions or need additional information, please do not hesitate to call. Sincerely yours, Amec Foster Wheeler Environment & Infrastructure, Inc. James 5Dransfield, �E Principal Geotechnical Engineer Reviewed by: Todd Wentworth, PE,LG Enclosure: Summary of Costs (1 page) nsee-Isl%a horn p markeling102jprcposaIHU30W@33g]cily of kent12017_W-20_am oclw_prop osal_mill creek culven_sx docx SUMMARY OF COSTS arnec 44 Geotechnical Study foster Mill Creek Culvert No. 5 wheeler Kent, Washington Amec Foster Wheeler Environment & Infrastructure, Inc. Fully DIRECT SALARY COST(DSC): Burdened Task Classifcation (Ai Class Code Hours x Hourly Rate Cost Task Total Principal Ge tec iCal Engineer(620 to 624) 17� $205 $.3,48r Associate Engineer(618 to 619) 1 $190 $190 Senior Geologist/Engineer(616 to 617) 33 $130 $4,290 Project Geologist/Engineer(615) 0 $110 $0 Staff Geologist/Engineer(613 to 614) 0 $90 $0 CAD Drafter(516) 5 $90 $450 Clerical/Word Processor(806 to 809) 5 $68 $340 TOTAL LABOR -- 61 $8,755 OTHER DIRECT COSTS Field Expenses (mileage, equipment, etc.) $343.00 Subcontract Driller $6,445.00 Subcontract APS Uliity Locate $340.00 Subcontract Lab $230,00 TOTAL OTHER DIRECT COSTS 7,356,CrfY.. 10% markup on Other Direct Costs — 3r�,�p TOTAL ESTIMATE u W 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 LiabiNly 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. Automo_hile 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 mall, 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. AII CERTIFICATE OF LIABILITY INSURANCE 11/07/2017YV) (HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS ;ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 3ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. I4IIPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. ".f SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on his certificate does not confer rlghts to the certificate holder in lieu of such endorsement{s). CONTACT s.ODUCER 1-908-566-1010 NAME; Lauren Bowman istruction Risk Partners PHONE ITAX ...,,, 908 566-1010 PING NR 9OB 566-1020 SLT Group Company 4 N F r - . ... ."" MAIL I c'rIpue view Plaza AOTXI amecfw®constructronnskpartnene.cum `+50 Route 23, Suite 201 INSURER(S)AFFORDING COVERAGE NAICN anchburg, NO 08876 INSURER A. ACE AMER INS CO 22667 USED INSURERS: ZORICH AMER INS CO 16535 E :_c Faster Wheeler Environment & Infraetxucture, Inc. INSURER C AMERICAN ZURICH INS CO 40142 r 20 Lake Washington Blvd NE, Suite 200 INSURER❑ NSURER E rkland, WA 98033 INSUPFRF )VERAGES CERTIFICATE NUMBER: 51326470 REVISION NUMBER: HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR -- -.ADDL fiU .tt. .......�.... __-- POLICY EFF POLICY EXP ...,,,..,__ ......... ...... ITR TYPE OF INSURANCE I,an a POLICY NUMBER MMrOO/YYVY lnnnnlnnmvYr LIMITS A X COMMERCIAL GENERAL LIABILITY ^ HDO G27851162 05/01/17 05/01/18 EACH OCCURRENCE $ 2,000,000 bAMAGETOAENtEB """"""". ... .... CLAIMS MADE I X.I OCCUR PRFMICFC(F. ex S 100,000 MED EXP(Any one person) $ 10,000 P E RSONALftADVINJURY $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER GENERALAGGREGATE $ 4,000,000 - POLICY(_XIJERO-CT IR_I LOG P RO DUCTB-COMPIOP AEG $ 4000,000 OIHF'R; AUTOMOBILE LIABILITY BAP 9483148-06 05/01/17 05/01/18 COM&FINE D SIN LE LIMIT $ 1,000,000 r yEa acuttlontl�_ n X ANY AUTO BODILY INJURY(Per Person) $ .,d., x... OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS -- HIRED NON-OWNED PROPERTY UAWAGE $ X AUTOS ONLY X AUTOS ONLY 1 1. 3ner slxime II ......,. ' X Comp $1,000X Call $1,00 j $ UMBRELLA LIAB p OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS MADE AGGREGATE $ .. .._. . . ......... —__. U.. LED RETENTION$ $ WORKERS COMPENSATION g PER ETR- ANOEMPLOVERs'LIABILITY WC 3504866-16 05/01/17 05/01/18 I ¢TATUTF _ ER ANYPROPMETORIPARTNER/EXECUTIVE IY N(A WC 3 86 713 3-10 05/01/17 05/01/18 EL EACHA,CCIDENT -- $ 1,000,000 OFFICERIMEMBEREXCLUDED? -,J 1,000,000 �. (Mandatory in NH) EL DISEASE EA EPAPLOVE@ $ If yes describe under ... 1,000,000 r.� nFSCRIPTION OF OPERATIONS below E L.DISEASE POLICY LIMIT $ Architects & Engineers Prof EOCIUO8375-02 '..05/01/17 D5/01/18 Any One Claim/Agg 2,000,000 DESCRIPTION OF OP E RATION 51 LOCATIONS I VEHICLES (ADORE 101,Add IT.naI Remarks Sohaeu In.may be attached if mere space is r.,,inner Re: Geotechnical investigation at Culvert No. 5 for Mill Creek Reestablishment project, Project d: PS1717974A Project Start Date: Oct-25-2017 - Project Completion Date: Dec-31-2018 The City of Kent is an additional insured on the General Laibility and Automobile Liability policies as required by written contract. Coverage is primary and non-contributory where required by written contract. days notice of cancellation applies per policy provisions. BRTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE C'ty of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ". 0 4th Ave. S AUTHORIZED REPRESENTATIVE nt, WA 98032 USA Wja--- 1988-2015 ACORD CORPORATION. All rights reserved. -'CORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 11 Uddy 1 326470 POLICY NUMBER; BAP 9483148-06 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 folfowi'ng, AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: AMEC FOSTER WHEELER Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form, CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Waiver Of Transfer Of Rights Of Recovery Against Others To Us Policy No. Eff. Date of M. Exp. Dam orPol. Eff. Duteof'End. Agency No, Adel.Poem, Rt[orn Prem. BAP 9483148-06 05/01l17 OS/01/18 05/01/I7 NIA N/A 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 Fonn SCHEDULE Nnnul of Person or Or*garrd trtitrn: ONLY TI-IOSE PERSONS OR' ORGANTZATIONS FOR WHOM YOU ARE, REQUIRED TO WAIVE YOUR' RT.GHT,S ,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 POLICY NUMBER: HDO G27851162 001 Endorsement Number: 39 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) _ Or Organizations) Locations Of Covered Operations Where required by insured contract executed prior to a All work conducted by AMEC USA Holdings, Inc. loss. except for work conducted at or from any OCIP, CCIP or Joint Venture Project Specific Insurance Program for which the named insured is an enrolled participant. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 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 njury 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 001 Endorsement Number: 68 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 1 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 agreempnt to provide organizations) 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 whale or in part, by additional insureds, the following is added to "your work" at the location designated and Section III —Limits Of Insurancq: 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 2. If coverage provided to the additional insured whichever is less. 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 001 Endorsement Number: 38 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 001 Endorsement Number: 92 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.4-64) 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 polloy Io which It Is attached and Is effective an the data 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. WC3504866-16 Endorsement No. Insured AMEC USA HOLDINGS,INC. Premium$ Insurance Company American Zurich Insurance Company Countersigned By WC 00 03 13 (Ed. 4-84) Copyrfghl 1983 Nnliohol council on Compensation Insurance