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HomeMy WebLinkAboutCAG2019-148 - Original - Wood Environment & Infrastructure Solutions, Inc. - Downey Farmsted Soil Sampling & Remediation Services - 03/14/2019 �./KENT Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the Ci'�y Clerk's Office at 253-856-5725. Vendor Name: Wood Environment & Infrastructure Solutions, Inc. Vendor Number (JDE): Contract Number (City Clerk): 04)(17-0101- Category: Contract Agreement Sub-Category (if applicable): None Project Name: Downey Farmstead Contract Execution Date: Mayor's signaturE Termination Date: 3/31/20 Contract Manager: Melissa Dahl Department: PW: Engineering Contract Amount: $215175.00 Budgeted: Fv_/1 Grant? Part of NEW Budget: F] F_] Local: F-1 State: F-1 Federal: 1-1 Related to a New Position: Basis for Selection of Contractor? Other Approval Authority: Fv-/] Director 1-1 Mayor F-1 City Council Other Details: _Provide soil sampling and rernediation services 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: Crystal Thimsen (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide soil sampling and remediation services for the Downey Farmstead Restoration 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 March 31, 2020. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty One Thousand, One Hundred Seventy Five Dollars ($21,175.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person, IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF KENT: By: By,: (signature) i (signature) f ! ,.. Print Name v'1 �. Print Name: Dana Ralph Its ;7C%� t'>i9 /y1z1'r7 e-= '"' Its Mayor (title) DATE: ��jll ` ' 0L�/ DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Crystal Thimsen 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) N/A (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: �/9 L�_ Kent Law Department ATTEST: Kent City Clerk Wood-U—ney Farmstead/Dahl 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. For: Title: IAK t hale ��� j� S ,�Z%c � ✓ Date: 1fl 2EC 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&infrastructure Solutions,Inc. 600 University Street,Suite 600 Seattle,Washington 98101 USA T:206-342-1760 www.woodplc.com Memo Sent via e-mail: mknox@kentwa.gov To: Mr. Matt Knox, City of Kent Engineering Proposal: 23761 Department From: Crystal Thimsen c: Kathleen Goodman,Wood Tel: 206-342-1760 Project File Date: February 13,2019 Subject: Additional Sampling and Remediation Downey Farmstead Restoration Project Kent,Washington Introduction This scope of work and budget has been prepared by Wood Environment&Infrastructure Solutions,Inc. (Wood),for the City of Kent Engineering Department(City)to provide a brief description and cost estimate associated with additional soil sampling,designing the cleanup of arsenic in the soil, overseeing the cleanup, and preparing a report for the Downey Farmstead Restoration Project, located in King County,Washington. Project Background The Downey Farmstead comprises 21.81 acres and four parcels(2322049020, 2322049028,2322049029, 2322049049)and is part of a City of Kent habitat restoration project. The Downey Farmstead Restoration project will reshape the entire site into a network of side channels that will enhance habitat forjuvenile salmon and increase flood storage in the Green River. Wood conducted soil testing in July 2014 to determine if the soil had been contaminated by the historical operation of the ASARCO smelter plume.The investigation revealed arsenic at elevated concentrations above the cleanup level established by the Washington State Department of Ecology(Ecology) of 20 mg/kg (Ecology, 2012) in the sample collected from 0 to 6 inches below ground surface at location DU5- 2-40.There were no additional investigations conducted at the time and it was unknown if soils deeper than 6 inches below ground surface had elevated arsenic concentrations. Figure 1 shows the location of sample DU5-2-40 and DU5 in reference to the Downey Farmstead site.The City of Kent will be contracting with an earthwork and road-building contractor to relocate Frager Road in the summer of 2019 as the next phase of the Downey Farmstead Restoration project. 'Wood'is a trading name for John Wood Group PLC and its subsidiaries . Memo February 13, 2019 Page 2 of 3 Scope of Work Wood Environment and Infrastructure Solutions,Inc.,will only proceed with each successive task on receipt of written approval from the City.The scope of work is divided into the following tasks. Task 1 - Field Sampling We will prepare a work plan and project-specific health and safety plan (HASP) for collecting soil samples by updating previous documents that were prepared for conducting soil investigations for the City of Kent. The investigation will be limited to collecting samples at and near the single location where elevated arsenic concentrations were encountered in 2014. Samples will be collected at the same location as previous sample location DU5-2-40.We will collect a total of 10 samples, as shown on Figure 2. Five of the samples will be collected from 0 to 6 inches below ground surface, and five samples will be collected trom 6 to 12 inches below ground surface.Additional five samples may be collected and placed on hold at the laboratory pending results of the initial samples. Soil samples will be collected using a hand trowel following procedures that will be provided in our updated work plan.The samples will then be placed in clean S ounce jars, and transported to Friedman & Bruya laboratory in Seattle, Washington for analysis of arsenic by EPA Method 6020. The results will be summarized in a brief memorandum to the City of Kent within 10 business days of receiving the results. Task 2 - Cleanup Design We are assuming that the cleanup will consist of excavation and removal of impacted soil from the area of and surrounding DU5-2-40.Wood will provide volume calculations and costs in the sample results memorandum that will be submitted to the City of Kent when sample results are received. Task 3 - Cleanup Oversight Wood will work with the Frager Road Relocation Contractor to remove the impacted soil and will coordinate disposal in a landfill, including preparing the waste profile.For this scope of work and budget, we assume that clean backfill will not be brought in in light of the future construction work in the area associated with the Downey Farmstead restoration project. Soil samples will be collected from the bottom and the mid-point of the sides of the excavation to confirm that the impacted soil has been removed. Samples will be analyzed at Friedman & Bruya on a 24-hour turnaround time to ensure that the area is characterized in one mobilization of the excavator.Once Task 2 is completed and the extent of contamination, if any, is known,we will provide costs for this task as a budget amendment. Task 4 -Final Report Preparation After completion of the project,a draft summary report will be prepared, presenting the project activities and laboratory results.The draft report will be submitted to the City electronically for review and comment.A final report will be prepared that will incorporate any comments we receive.The final report will contain all the activity logs, photographs,and laboratory reports.Three hard copies of the final report, along with an electronic version,will be submitted to the City. Soil sample results from the. 2014 investigation as well as 2019 soil results will be uploaded to Washington State Department of Ecology's Environmental Management System(EIM). 1\sea2-fs1\archive\0001 proposals\2019\city of kent\001\2014_02-13 city of kent proposal downey addl samp ing.dacx \ i Memo February 13, 2019 Page 3 of 3 Schedule 1. The work plan and HASP will be updated immediately after receiving notice to proceed from the City of Kent.A draft version of the work plan will be submitted to the City of Kent within 10 business days of receipt of notice to proceed. City of Kent comments will be incorporated and a final work plan will be completed within two business days of receipt of comments. Soil sampling can be conducted within 10 business days of finalization of the work plan. 2. Soil samples will be submitted to the laboratory on a standard 10-day turnaround time. 10 business days after analytical results are received, a draft results memorandum described in Task 1 above will be submitted to the City of Kent.Any comments will be incorporated into a final memorandum that will be submitted to the City of Kent five business days after comments are received. 3. Wood will work with the Frager Road Relocation Contractor to schedule any necessary excavation identified during Task 1. Any samples collected during any required excavation will be submitted for a 24-hour turnaround time so that excavation of contaminated soil removal can be confirmed. 4. The draft final report will be submitted to the City of Kent within 30 business days of completion of contaminated soil removal. Comments received from the City of Kent will be incorporated into a final document within five business days of receiving comments. Cost Overview We propose to complete the project on time and material basis.The estimated budget to complete the project is presented below per task: Task 1—Field Sampling $ 6,014 Task 2—Cleanup Design $ 4,579 Task 3—Cleanup Oversight $4,140 Task 4— Final Report Preparation $6,442 Project Total $21,175 All work will be conducted on a time and materials basis in accordance with the detailed cost breakdown in the attached Table 1 and the standard agreement with the City of Kent.Work will be billed on actual costs based on the labor rates shown on Table 1. No work will be performed outside this scope of work or budget without your verbal or written authorization.We understand that any budget changes over the estimated total will require a formal budget amendment. The costs include the following assumptions: 1. Project management including time for any meetings between Wood and the City of Kent are included in each task. 2. If soil results do not indicate arsenic contamination is present,Tasks 2 and 3 will not be required. 3. Wood will work with the Frager Road Relocation contractor to remove any impacted soil; subcontractor time is not included in the cost proposal. Attachments: Figure 1 Site Location Figure 2 Soil Sample Locations Table 1 Budget Estimate \\sea2-fsl\archive\0001 proposals\2019\city of kent\001\2019 02-13 city of kent proposal downey addl sampling.clocx . , 10 VAN f t+ •y�f so � r _ r A . rl yr. •✓ - "`r y/' _' :.A 32254 S _ ° Tom; ������ __ - , ..,...." - --s,r. ° -,• �``_„��..` _ �'`•'*� �f. .. t (DU-3) 2322049028 f .._ ._. . G " r - '2322049020 i w (ou 4)EXPLANATION r SITE PARCEL R � 4 r a i t \ BOUNDARY • 1 PARCEL BOUNDARY 0 500 y �r V D b� n N � i a a � 25 Q u 6 E m z cn c 3 t? 0 i� 0 r. °2 B 0. Q'E d � yr m m$ n a� o L" 0 C o c G y EXPLANATION SOIL SAMPLE LOCATIONS a Downey Farmstead Restoration Projects SAMPLE(0-6"DEPTH) Kent, Washington u SITE PARCEL BOUNDARY a PARCEL BOUNDARY _APS Date._ 01/31/19 Project No. 14161150 " o_ 50 00 By ° APPROXIMATE SCALE IN FEET Wood Figure 2 a v C v a N �^ O n.w O CDOO CDOO O N N r-i w.w eq tC w w vi'w N ,j C 'A :M N K N Q v 0 a V) : U H w w-mw �-^.:M 4n N: Cd c v • E N w R O O O N; C w .� rn cn O c'p o p c o 0 0 0 _D m 0 V 'D V C V N O:O p p p cn W i p� Q O Oi V ap �n 00 co • .�-i allo N vNi n rl O .r N O O O 8 t0 C F" N C w;w w.w..w `^ rl vi w w p w w w w N w N w O N M Vi F- c W .0 � N f"1 LU J � m CN D :3 LL O CCD a 114 of '-i Y C a � O a T C c o c a E o Q''m O a ` o 0 i51 -0 S w G 0' v E _ ca w N a m Nf 0ry a o G P a a EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. 5. Contractor's/Consultant's Pollution Liability insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. EXHIBIT 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 General 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. A�ORO� CERTIFICATE OF LIABILITY INSURANCE DATE(MM 03/12/2019 YY) 2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this D certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT y AOn Risk Services Southwest, Inc. NAME: -O PHONE Houston TX Office (AIC.No.Ext): (866) 283-7122 aC.No.: C800) 363-0105 `y 5555 San Felipe E-MAIL Suite 1500 ADDRESS: O Houston TX 77056 USA 2 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: ACE American Insurance Company 22667 JWGUSA Holdinqs, Inc. INSURERB: AIG Specialty insurance Company 26883 wood Group USA, Inc. and its Subsidiaries and Affiliates INSURERC: Lloyd's Syndicate No. 2003 AA1128003 17325 Park Row Houston TX 77084 USA INSURERD: ACE Fire underwriters insurance Co. 20702 Houst INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570075323722 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.INSR Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER A MM/DDIYYYY MWDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY HDOG EACH OCCURRENCE $2,000,000 CLAIMS-MADE X❑OCCUR $2,000,000 PREMISES Ea occurrence MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $2,000,000 N GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $3,000,000 N POLICY PRO ❑LOC JECT PRODUCTS-COMP/OP AGG $4,000,000 OTHER. 0 0-A-AUTOMOBILE LIABILITY ISA H25150132 05/01/2018 07/01/2019 COMBINED SINGLE LIMIT r` Ea accident $1,000,000 X ANY AUTO BODILY INJURY(Per person) O OWNED SCHEDULED Z AUTOS ONLY AUTOS BODILY INJURY(Per accident) d HIRED AUTOS NON-OWNED PROPERTYDAMAGE M ONLY AUTOS ONLY Per accident) V w L. A X UMBRELLA LAB H OCCUR X60G24876238009 05/01/2018 07/01/2019 d EACH OCCURRENCE $1,0007700 U EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED X RETENTION 510,000 A WORKERS COMPENSATION AND WLRC65890069 01/31/2019 07/0122019 PER EMPLOYERS'LIABILITY Y/N STATUTE OTH- ANVPROPRIETOR/PARTNER/EXECUTIVE work Comp- A05 X ER D OFFICER/MEMBER EXCLUDED? N NIA RWCC65890100 01/31/2019 07/01/2019 E.L.EACH ACCIDENT $1,000,000 (Mandatory in NH) work Comp- WI If yes,describe under p E.L.DISEASE-EA EMPLOYEE $1,000,OOO DESCRIPTION OF OPERATIONS below D prof E.L.DISEASE-POLICY LIMIT $1,000,000- Archit&Eng PSDEF1800726 07/01/2018 06/30/2019 An One Claim Professional Liabilityy $4,000,000_ Aggregate Limit $ ,000,000. SIR applies per policy terns & condi ions DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) SEE ATTACHED ADDENDUM FOR ADDITIONAL NAMED INSURED WOOD COMPANIES. RE: Project Description: Soil sampling and remediation services for Downey Farmstead Restoration Project. City of Kent is included as Additional Insured in accordance with the policy provisions of the General Liability, Automobile Liability and Pollution Liability policies. General Liability policy evidenced W herein is Primary and Non-Contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provision. Should General Liability, Automobile Liability, Professional Liability, Pollution Liability and workers' Compensation policies be cancelled before the expiration date thereof, the Policy cancellation may be delivered to certificate holders in accordance with the y provisions will govern how notice of policy provisions. General Liability policy shall .r ■ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE r>•-- EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 14w_?_ City of Kent 220 Fourth Avenue SOUth AUTHORIZED REPRESENTATIVE Kent wA 98032 USA i ACORD 25(2016/03) The ACORD name and logo are registered marks of 88-2015 ACORD CORPORATION.All rights reserved. ACORD AGENCY CUSTOMER ID: 570000021966 LOC#: ACORa� _ _ �.-- ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED ADO Risk Services southwest, Inc. ]wGUSA Holdings, Inc. POLICY NUMBER See Certificate Number: 570075323722 CARRIER 77-1 See Certificate Number: 570075323722 EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. POLICI POLICI' INSR ADDL St BR EFI'ECTIVE EXPIRATION LTR 'TYPE OF INSURANCE INSD N:\:I) POLICYNUMBEIR LIMITS DATE: DATF. MNI/DD/S`\'1'S' M.M/DD/Y1'l"Y OTHER B Env site/Poll CPL12456119 05/01/2018 07/01/2019 Each Loss $1,000,000 Pollution Liability Aggregate $1,000,000 Limit ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000021966 �"1 ® LOC#: AFRO ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services Southwest, Inc. ]wGUSA Holdings, Inc. POLICY NUMBER See Certificate Number: 570075323722 CARRIER NAIC CODE see Certificate Number: 570075323722 EFFECTIVE DATE. ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Description of Operations/Locations/Vehicles. include a severability of Interest clause with no exclusion or limitations for Cross Liability. ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000021966 LOC#: A ADDITIONAL REMARKS SCHEDULE _Page _ of AGENCY NAMED INSURED Aon Risk Services southwest, Inc. JWGUSA Holdings, Inc. POLICY NUMBER See Certificate Number: 570075323722 CARRIER NAIC CODE see certificate Number: 570075323722 EFFECTIVE 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 AmeC Foster wheeler Programs Inc. AmeC Foster wheeler Power Systems, Inc. AmeC 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. AmeC Foster wheeler oil and Gas, Inc. AMEC USA Holdings, Inc. Foster wheeler Development Corporation Foster wheeler Intercontinental Corporation AmeC Foster wheeler Kamtech, 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. ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD 1 EXTENSION ENDORSEMENT Named Insured ,John Wood Group PLC Endorsement Number 266 Policy Symbol Policy Number Policy Period Effective Date of Endorsement H DO G27874265 01/31/2018 TO 01/31/2019 01/31/2019 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of the additional premium stated below, You and we agree that the expiration date of the policy is amended as follows: A. Expiration Date: 07/01/2019 B. Premium For Policy Extension SENM C. For the purposes of determining the Limits of Insurance, the additional period will be deemed part of the last preceding period. This additional term does not reinstate any aggregate limits that apply. D. All other terms, conditions, forms or deductibles applicable to this policy remain as expiring. JOFiN J. I UP I"A. President Authorized Representative ALL-10410a (02/12) Page 1 of 1 1 EXTENSION ENDORSEMENT Named Insured John Wood Group PLC Endorsement Number 154 Policy Symbol Policy Number P/31/2018 licy Period Effective Date of Endorsement ISA H25150132 TO 01/31/2019 01/31/2019 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of the additional premium stated below, You and we agree that the expiration date of the policy is amended as follows: A. Expiration Date: 07/01/2019 B. Premium For Policy Extension $ C. For the purposes of determining the Limits of Insurance, the additional period will be deemed part of the last preceding period. This additional term does not reinstate any aggregate limits that apply. D. All other terms, conditions, forms or deductibles applicable to this policy remain as expiring. 9 JOt IN J. I.UPICA, President Authorized Representative ALL-10410a(02/12) Page 1 of 1 REQUEST FOR MAYOR'S SIGNATURE KENT Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) / r Approved by�Xectof ' l Originator: Melissa Dahl Phone (Originator): 6511 Date Sent: 3/13��5 Date Required: .19 Return Signed Document to: Nancy Yoshitake Contract Termination Date: 3/31/20 VENDOR NAME: Date Finance Notified: Wood Environment & Infrastructure Solutions, Inc. (only required on contracts 2/26/ 1 9 20 000 and over or on any Grant DATE OF COUNCIL APPROVAL: N/A Date Risk Manager Notified: N/A (Required on Non-City Standard Contracts A reements Has this Document been Spe cif' caII Account Number: D20074 Authorized in the Bud et? • YES NO Brief Explanation of Document: The attached agreement is for Wood Environment & Infrastructure Solutions to provide soil sampling and remediation services for the Downey Farmstead Restoration Project. DECEIVED KENT LAW DEPT All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received Approval of Law Dept.: Law Dept. Comments: Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: RECEIVED Recommendations and Comments: Disposition: 5 13A' � 3C�.(l (� City of Kent 11 Office of the Mayor Date Returned: \ rvil\orms\ ocument rocessing\ equest far Mayor's ignature.aocx