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HomeMy WebLinkAboutCAG2019-024 - Original - Wood Environment & Infrastructure Solutions, Inc. - Remedial Investigation/Feasibility Study for S 224th St Project - 01/23/2019 1.1­�TRecords Management Document 11 T 11 11 CONTRACT COVER SHEET 'is, to he cum!Ph,,U d byth CoW,: at,t to ff YOU i!00(0 TAW,)5Uon:s, tplleuise 4„::ontIc4 U'E! 6ty 'Cl(eirk,'4 Vendor Name: Wood Environment & Infrastructure Solutions, Inc, Vendor Number (IDE): Contract Number (City Clerk): 0 L/ Category: _Contract Agreement Sub-Category (if applicable): None Project Name: S. 224th St. Project Contract Execution Date: Mayor's signature Termination Date: 12/31/19 Contract Manager: Shawn Gilbertson Department: PVV: Engineering Contract Amount: $34,720.00 Budgeted: F7 Grant? Part of NEW Budget: El Local: State: Federal: Related to a New Position: E Basis for Selection of Contractor? Other Approval Authority: F1 Director Wl Mayor City Council Other Details: _Prepare a Remedial Investigation/Feasibility Study report and a Cleanup Action Plan for the project. ........ �✓ KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Wood Environment & Infrastructure Solutions, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Wood Environment & Infrastructure Solutions, Inc. organized under the laws of the State of Georgia, located and doing business at 600 University St., Suite 600, Seattle, WA 98101, 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 prepare a Remedial Investigation/Feasibility Study report and a Cleanup Action Plan for the S. 224`h St. Project on the vacant parcels located at the west street end of S. 2161h St. 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, 2019. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirty Four Thousand, Seven Hundred Twenty Dollars ($34,720.00), 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 farm 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 chilly 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) 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 dammages 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) 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 Br-each. The failure of the City to insist upon strict performance of any of the covenants and agreements contained iin 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. RCtion of DlSuutes and G vernlpg Imo. 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; ov_ided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. 16ritten No ice. 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. EnIjfq Agreerx en . 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. _Com2i 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. Cif Business License Reouired. 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. 09unteripa ar1d,_Signatures by Fax or EntaA. 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 OF KENT (5.y rr tar- / (Sigrid tune)'"'" Prink,. e ` /y C cY ' gyp Print Name:_ Dana lra�h Its LM t2 " Its w Mayc,?,r . f 4r �.t� tie).. y DATE: 7,—��—�....._ DATE:---k � NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Kathleen Goodman Timothy J. LaPorte, P.E. Wood Environment & Infrastructure Solutions, Inc. City of Kent 600 University St,, Suite 600 220 Fourth Avenue South Seattle, WA 98101 Kent, WA 98032 (206) 342-1760 (telephone) (253) 856-5500 (telephone) (206) 342-1761 (Facsimile) (253) 856-6500 (facsimile) .— ..._ APPROVED AS TO FORM; Kent Law Department ATTES LKent ity Clerk 'Hood-zzn'",clioeuon 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: ,a":t ���j �� _� For: __ .. Title: 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 wood. Wood Environment&InhastrucWre solutions,Inc. 600 University Street,Suite 600 Seattle,Washington 911101 USA T'.206-342-1Ae0 J3nUd ry S, 2019 www.evuodplcmm Mr. Shaven Gilbertson Engineering Department City of Kent 220 Fourth Avenue South Kent, Washington 9£3032 Subject: Scope and Budget far Remedial Investigation and Feasibility Study(RI/FS) and Cleanup Action Plan (CAP) Reports Vacant Parcels at the West End of South 216th Street Kent,Washington Dear Mr. Gilbertson, At your request, Wood Environment &1nfiasuucture Solutions, Inc. (Wood),formerly Amec Fester Wheeler Environment&Infrastructure,Inc„ is submitting this scope of work and cost estimate to prepare a Remedial Investigation/Feasiblllty Study (RI/FS) report, along wlth a Cleanup Action Plan (CAP) for the City of Kent (the City) on the vacant parcels located at the west street end of South 216th Street (the site). The pareeL are currently Mened by Nytek/Esterline, which owns an adjacent property housing their manufacturing facility. 1 he City holds two east-west trending easements through the middle and at the south end of the site.The scope does not encompass the King County easernent on the west border of the parcels or the drainage areas to the north. We understand that this work was recommended by outside counsel, who also recommended that we assist you with the public notice requirements under Washington Administrative Code 173-340-545, Model Toxics Control Act. We have conducted several RI field sampling Iterations at the site dating back to early 2016 in support of the City's due diligence to acquire the parcels, We have also conducted two sampling events of the sediment in the catch basins and manholes within 216th Street. All of Wood's historical infonnatlon and laboratory results will be incorl_torated into one RI report. All of the Wood RI results will be uploaded to the Washington State Department of Ecology Environmental Information Management database,The RI report will be combined with an FS of the rernedial options available to the City to clean up the affected media,We do not foresee additional sampling at this time but will prepare a separate;cope and budget additional sampling is required by the Washington State Department of Ecology. We have assumed that surveying will not be required for this work, or if needed, will be provided by the City of Kent.Also,the will not be able to upload the analytical data to the Invironrnental Information Management database that was obtained by others. the IS will be a conceptual document outlining remedial optionv and potential costs, Once the City decides on a preferred rennedial option, the CAP will be prepared, which will incorporate mare design details for the selected option, The FS and CAP will need to irimrpniale the design plans for the City's future Wetland mltlga-ion; therefore, we will work with the City and design consultants to accomplish this task. Occasionally, as remedial design eiernents evolve, additional sampling may be needed in key areas that cannot be anticipated at this time,We will discuss these possibilities with you as they arise and If the City can participate in field sampling to defray outside costs. One electronic draft of the RI/FS and CAP ¢Vils) Iler. Shawn Gilbertson City of Kent January 8, 201.9 Page 2 of 2 reports will be produced for client review. Your comments will be incorporated and a final of each report will be issued, to addition, a hard copy of each final report will he made for Ecology as required by the TDxics Program. Beyond the CAP, an Engineering Design Report, bid specifications, and remediatlon oversight and reporting are generally the subsequent steps. However, this scope and hudget does not incorporate those elements because they will be closely integrated with the wetland construction, which is difficult to scope and estimate at the present time, Wood will assist the City with compliance with the public notice requirements as outlined in WA( 1.73- 340-5d5, under the assurnption that the City's public relations department will be integrally Involved by preparing and posting the signs and preparing and sending formal letters to the neighborhood. Wood will prepare the technical Information that will be used in the pi_iblic documents and assistwith technical responses to public comments. We have assumed that a Wood representative will need to attend three meetings at the City's offices, The estimated cost for this effort is $34,720, as shown on the enclosed Table 1.We proposed to conduct the work on time and material basis not to exceed the amount under the standard agreement terms with the City of Kent, We appreciate 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, Wood Environment &Infrastructure Solutions, Inc. r r Kathleen Goodman, LG, LHg John Long, LG., LHg. Principal Hydrogeologist Associate Hydrogeologist Direct-Fel: (206) 342-1780 Direct Tel: (206) 342-1779 E-mail: kathleen.goodman@woociplc.com E-mail.john.long3@woodplc.com I, 'C 176 ur , i sa, 0001) nlmin;t , :Ra b it if', n, .r tr,c4drm �fy'P flo-k TABLE 1 BUDGET ESTIMATE - RI/FS and CAP Reports, Public Notice Assistance Vacant Parcels at West End of South 21 6th Street, Kent, Washington mmm� 11. mwm==mffmm LABOR Principal (I< Goodman) $70 Hours 40 $2,i99 Associate HydroGeo/Engineer(J. Long and K Tahghighi) $'27 Hours 40 Senior Chemist (C.Thirnsen) $T8 Hours 30 '$1,439 Staff Scientist or Engineer `h'2 Hours 60 $1,S9p AUtoCAD (A. Stenberg) $4]. Hours 32 $'1,323 Tech Editor $39 Hours 24 '$1730 Administrative $'IT Hours 24 $576 Direct Labor Suht0tal $IT 2 41 LABOR TOTAL [including OH (1.6) and tee (10%)] $33,140 OTHER DIRECT COSTS (ODC) Mileage (3 meetings) ` $17.545 rnlle 200 $109 Supplies too ILmnlp si_irn 0 $0 Copying/Communication (4°% of labor) est $1,326 ODC Total $1,435 Markup 10 °6 $143 EXPENSE TOTAL $1,579 PROJECT TOTAL $34,720 Wrtrd I rMlOnIN_n't s& Cnfi astructuro Solution,, tnc . .a isitPn;� .I I`AIr'!0-0IlV AI<,i Z211 i,l l n.,ec .h r v,o .J.rvMlUAdrn,,tp rapt) .Not i._01 w)-T Ulu 1 1 U 1 '3-C7m, frada J. of t 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 Liabil.iu 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. W�arkers' Comp_ensati'o�n._coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. 5. Contractor's-onsultant's Pollution Liability, Insurance covering Tosses caused by pollution conditions that arise from the operations of the Contractor. XHIBIT B (Continued) B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial Genertl_Liability insurance shall be written with limits no less than $3,000,000 each occurrence, $3,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than 2,000,000 per claim and $4,000,000 policy aggregate limit. 4. Contractor's Pollution Liability insurance shall be written in an amount of at least $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Coverage may be written on a claims-made basis. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional Insured shall be attached to the Certificate of Insurance, The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. EXHIBIT B (Continued) D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. CERTIFICATE OF LIABILITY INSURANCE DC17 o v 2Ilm7UDIYYY11 �- 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(SF AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(Ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this .22 certificate does not confer rights to the certificate holder in lieu of such endorsement(s). � r RIDUCER CONTACT 0 NAMa' o ABU Itlsh Services Southwest, Inc. WAVE (N66) 263-7122 ry'RAN (800) J61-0105 m HOuIrm rxefriTe ICNU Ee�, .L IArw No.l __ .o 555E-MAIL ....5 San Felipe Suite 1500 ADDRESS. O BE Flcuston TX 770S6 USA INSURERISI AFFORDING COVERAGE NAICN msuaeD aJsuRER n: ACE American Insurance Company 22667 ........._..... G Specialty Insuran-- oZI3 . y 26 883]WGUSA Haldinos, Inc. INSURER e _............. wood Group USA, Inc. __......._........_. ...................._ ..._____..._.._.._ and its Subsidiaries and Affiliates INSURERC, Ll nyd's syndicate No. 2003 pA112Eo03 17325 Park ROW .......................... __._.... HDUStOn TX 77084 USA INSURER D' ACE Fire Underwriters Insurance Co. 20702 INSURER E'. INSURER F', COVERAGES CERTIFICATE NUMBER: 570074875869 REVISION NUMIBER: THIS IS TO CERTIFY THAT FIFE POLICIES Or INSURANCE LISTED BELOW HAVE BEEN ISSUED TO I NF INSURED NAMED ABOVE FOR THE POLICY H ERVOD I INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPEC I 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. Limits shown are es requested Val TYPE OF INSURANCE ROA aJ. POLICY NUMBER ItR m VAN) MtMIDbIFYVY MMq]M1LIVYMY LIMITS X COMMERCIAL GENERAL LIABILITY YMtH)P, d .ro.1 . EACHoacURRENCE $2,000,000.,. CLAIMS-MADE '>_I X u+se o[ 'UR 'Fd7CD I k nm01 Iv4aa wee, I 52 C0000 ,Of70 MED FxP(Hey r,nn persory PERSONALS ADv wduRv $2,LED,BED � eEN LACOREGATE nrruEE rc �ENErt--�ecate UrE PHIIIC.Y x ....N y; gt)G,[VIJf3 .�Acul NRO- LJI Lo PRODUCTS COMPr PM Uc 54,000,g00�. .............._. ' r o FHER .. . 0 A AUTOMOBILE LIABILITY ISA e2S,U90ir'2 06/011201 N(17JO /20,19 COMBINED 6IIi6PHOP S1,000,000 � Ma- aGu1.ufll :K ANYAUTO BODILY IIJJUFIY(Per peremp O OWNED SCHEDULED ..........._. _....._._.. Z BODIL(INJURYIP¢r acciden) ry ADTOSONLY AUTOS �. _ ._._,,,.. ._ ......._ b HIREDALTIN NON OWNED PROPERTY DAhIAfh u ONLY AUTOS ONLY INnI'OXt'GNFQa4Y __„_ _,,,,,_ '- Y m ry x UMBRELLA uqe x OCCURoCv2+4V]Pfl7.:48d)W9 a15,lNB/Ztl)2'841a.D1h7019l EACH occuRRencE 51„9t16M,00CU O EXCEssIT CLAIMS-MADE AGGREGATE $1,000,0(y0 la`Q.,D _ 5 .... .RE_ ......._. M TENTIbN1410,000...... -........- __.._ .............. A WORKERS COMPENRAeTIOD AND NIPJ work CO9Ot)0'T1 tl1/d llB D iN f1Sro ➢.N-- R(,H 15Tuv w.NCU5d EMPLOYERS LIABILITY TY ADS x biA'I ANY PROPRIE FOR PARTNER I E%EOUTNE p D 81(It LA'iPoJEI IRrfil YCl(I ED9 N EL SASH ACCIDENT L NIA RINCC65890100 01/31/2019 07/01/2U19 OU pmn od PI.,I,,NB7 wort: Comp- wi F.- a EA..E-EA FMP-ovEE $1,COO,OUq Iv yev,Nae,,o,ender - D[.acdRlv�rt10uN OF OPEunnnoeur GyRNw EL DISEA;E PoucYumlT1000,0f)ll c A.rthit&Enq Play P,SiafP 1800726 071011201806/34X%'C411)Y any one Glaim S,2,annU000� Profession Tl Liability Aggregate Lim IT $4,DUO ,000 SIR APPI I's per policy ter is & condi .:Tan DESCRIPTION OF OPFRATIONTR P LOCATIONS I VEHICLES IAOORO al AdJr IR maBk S I d le,may 6p IW h dii —7D.7,IsrequYed) N RC PFOjICt Description RI/FS report and CAP on the vac rt parcels located at the West Street end of 5 a16th St, City of (cent Ys included as Additional Insured in accordance with the policy provigionS Of the General Liability, Automobile Hi abll'ity may^^ and Pollution Liability poi lei es. General Li obi li ty policy evidenced herein i5 PnITory and Nan-Conti to other msnranCe available to Sri Additional Ensw'ed, but only in accordance with the policy's provlsiorls. Should General LTabil iUP, AUtornehi le uandlityy, U I)Pel la Liability, Pollution Liability Irofessiona'I Liability and workers' CompeYTsat;on poIlcies be cancelll ed before the erpirati on date thereof, the pol9 cyy pi or,isions will govern how nPIT B of cancellation may be delivered to certificate holders in accordance with the policy provisions. See Attached Addendum For Additional Named Insured ywgNsa/Amec CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCGRDANCE WITH THE POLICY PROVISIONS, City Of Dent AUTHORIZED REPRESENTATIVE a^j�"'•I 220 Fourth Avenue South (cent UJA 9SO32 USA �f t�afNo%9s tiL,/a/jj�`�f4 .a :a a. racdC" -r14`✓RAN ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000021966 LOC ADDITIONAL REMARKS SCHEDULE Page _ of _ PGLNcv NAMED INSURED Aon Risk services Southwest, Inc, JWGUSA Holdings Inc. POLICY NUMBER See Certificate Number: 570074875869 CARRlea I NAIc CODE See Certificate Number: 570074875869 EFFEonvE BANE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, L. FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURel. INSURER INSURER INSURER ADDITION,V, POi.iCIts I f a policy below does not Include limit infonuatiun, refer to the corresponding policy on the ACORD certilicatc form for policy lilnits. I'UI ICY Yo1.IC1 LTR I�SD N'VO IVSR 'rYHEOF INSURANCE NSD WVD 1.OLICY NUMBER N4IFFI lIN R%PIRATION LN1115 D:NIE 11AI,F (=mD11'V1'VI (N1M/DDIV1'A'1'I OTHER B Env site/Poll cPL124561.15 05/01/2018 07 01 019 Each LOIS $1,000,000 Pollution Liability Aggregate $1,000,000 Limit ACORD 101(2008/01) ©20DB ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000021966 ------ LOC#: '==' `" ADDITIONAL REMARKS SCHEDULE Page _ of _ 'AGENCY NAMED INSURED 'Aon Risk services southwest, Inc, JWGUSA Holdings, Inc, F''OI ICY NUMIJER See Certificate Number: 570074875869 CARRIER NAIC CODE see Certificate Number: 570074875869 EFFECTIML.Dar E ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liabi9igy Insurance Alll el UeCc�Vl ar Of O4[r5l ons/Lfl.. l IYIVehiGes: Collipan'I es' ACORD 101(2008)01J ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000021966 LOC#: ADDITIONAL REMARKS SCHEDULE _Page of _ AGENCY NAMED INSURED Agin Risk Services Southwest, Inc., 7WGUSA Holdings, Inc. POLICY NUMBER See Certificate Number: 570074875869 CARRIER NAL CODE See Certificate Number: 570074875869 Ef I ECTIVE DATE. ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Named Insured Named insureds: AGRA Pipeline Professionals, Inc. AMEC Construction Management, Inc. AMEC E&E, P.C. AMEC Engineering and Consulting of Michigan, Inc. Amec Foster wheeler USA Corporation Aimee Poster wheeler Programs Inc. Amec Foster wheeler Power systems, Inc. Amer Foster wheeler Constructors, Inc. Amec Foster wheeler Energia, S.L.U. AmeC Foster wheeler E&C Services, Inc. Amec Foster Wheeler Industrial Power Company, Inc. AMEC Massachusetts, Inc. Amec Foster Wheeler Martinez Inc. Amec Foster wheeler North America Corp AmeC Foster wheeler Ventures, Inc. Amer Foster wheeler oil and Gas, Inc. AMEC USA Holdings, Inc. Foster Wheeler Development Corporation Foster wheeler Intercontinental Corporation Alnec Foster Wheeler Kam to Ch, Inc. MACTEC Engineering and Consulting, P.C. QED International LLC Rider Hunt International USA, Inc. Terra Nova Technologies, Inc. (TNT) wood Group USA, Inc. wood Group Alaska, LLC Wood Group PSN, Inc. Altablue, Inc. Cape Software, Inc. BMA Solutions, Inc. Global Performance, LLC John Wood Group PLC RWG (Repair & Overhauls) USA, Inc. Ingenious, Inc. Mustang Process and Industrial Mustang International , LP C E C Controls Company, Inc, wood Environment & Infrastructure solutions Inc, h RD ttl912 'b1411 U120b8A RqC R4RAT10 N.All rfg lt4x rea¢rvRld. The ACORD name and logo are registered marks of ACORD 5 POLICY NUMBER: HDO G27874265 Endorsement Number: 1 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) Location(s) Of Covered Operations Any Owner, Lessee or Contractor whom you have All locations where you are performing operations for agreed to include as an additional insured under a such additional insured pursuant to any such written written contract, provided such contract was executed contract, prior to the date of loss. 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: damage" or "personal and advertisingproperty This insurance does not apply to "bodily injury" or with respect to liability for "bodily injury". g "p injury" "property damage"occurring after: caused, in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials, parts 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 abover 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 C. With respect to the Insurance afforded to these insurance afforded to such additional Insured additional insureds, the following is added to will not be broader than that which you are Section III— Limits Of Insurance: required by the contract or agreement to provided to the additional insured isg If coverage provide for such additional insured, required by a contract or agreement, the most we CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 will pay on behalf of the additional insured is the whichever is less. amount of insurance, This endorsement shall not increase the 1. Required by the contract or agreement; or applicable Limits of Insurance shown in the 2. Available under the applicable Limits of Declarations. 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