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HomeMy WebLinkAbout5665PROFESSIONAL SERVICES AGREEMENT Third Party Geotechnical Review for Tracyton TreeHouse Subdivision The City of Bremerton ("City") and Amec Foster Wheeler Environment & Infrastructure, Inc. ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, detailed in a letter dated February 20, 2017, attached as Exhibit A and incorporated herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A upon notice from the City. The parties agree that the work described in Exhibit A is to be completed within one year of execution of this Agreement; provided, however, that additional time shall be granted by the City for excusable delays or extra work as provided for ,in Section IKA of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount as set forth in Exhibit A. Consultant's charges and bills shall conform to the fee schedule in Exhibit A. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit A. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit A. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its Bremerton/Amec Foster Wheeler Tracyton TreeHouses Rev 02-16 Page 1 of 7 field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub -Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub -Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. 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 performance of this Agreement except for that portion of the injuries and damages caused by the City's sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to 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 liability hereunder shall be only to the extent of the Consultant's negligence. 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. The provisions of this section shall survive the expiration or termination of this Agreement. Bremerton/Amec Foster Wheeler Tracyton TreeHouses Rev 02-16 Page 2 of 7 VI. 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, its agents, representatives, employees, sub -consultants or sub -Consultants. Before beginning work on the,, project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Commercial General Liability insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims -made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance''. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. 11 The Consultant's Commercial General Liability insurance shall 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. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. Bremerton/Amec Foster Wheeler Tracyton TreeHouses Rev 02-16 Page 3 of 7 The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is, rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Bothell, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder 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. Bremerton/Amec Foster Wheeler Tracyton TreeHouses Rev 02-16 Page 4 of 7 E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Bothell, Washington, and on-site at the project in Bremerton, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, 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. City Address Consultant Address Garrett Jackson Amec Foster Wheeler Planner, DCD Attn: Todd Wentworth 345 6' Street, Ste. 600 11810 North Creek Parkway N. Bremerton, WA 98337 Bothell, WA 98011 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non -Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. Bremerton/Amec Foster Wheeler Tracyton TreeHouses Page 5 of 7 Rev 02-16 O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement. shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of .all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor, by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED; HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly ;excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rightspon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. 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. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for Bremerton/Amec Foster Wheeler Tracyton TreeHouses Page 6 of 7 Rev 02-16 certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. CITY OF BREMERTON CONSULTANT M�Z. 1�dd � 0"(de By:A its:li Date: Nr ';Ez -t� By: l bb,�J 0)-n%,,�ac4k its: 6S C4 -'I �r Date: l7 tAei,- Approved as t form: A t: Bremerton City Oon ly City Clerk R:\Legal\Legal\Contracts\FORMS\Professional Services Agreement Form (2016).doc Bremerton/Amec Foster Wheeler Tracyton TreeHouses Rev 02-16 Page 7 of 7 EXHIBIT February 20, 2017 - .. '€ 3iC1eC Proposal No. 91P-233233 ;p �®star . Mr. Garrett Jackson Land-,Use Planner Wheeter City of Bremerton Department of Community Development 345 — 6th Street, Suite 600' Bremerton, Washington 98337 Subject: Third-Party Geotechnical Review Critical Areas Report Tracyton TreeHouses Subdivision 3000 Block Tracyton Beach Road NW Bremerton, Washington 98310 DCD File'Number: BP1500073 Dear' '''Mr. Jackson: Amec Foster Wheeler Environment & Infrastructure, Inc. (Amec Foster Wheeler), is pleased to submit this proposal to provide a third party review and opinion regarding an application to build a new subdivision, Tracyton TreeHouses, in the Port Washington Park area of Northwest Bremerton, Washington. In order to do so, DJM Construcfion Co., Inc., has to address the City of Bremerton Critical Areas Code and our review will address any concerns that may arise regarding hazardous slope conditions". This proposal is based on information supplied by you and our experience„ with similar projects. Amec Foster Wheeler will perform the; following tasks: 1. Review the information provided by the applicant. 2. Review the City's critical area codes. 3. Discuss the'sit6 and the proposed development with the City. iu k ., 4. Write a letter summarizing our observations and professional opinions regarding the applicant's proposal. 5. Provide additional support,as needed and, requested. These services will tie performed on a time and materials basis for the estimated costs , n - presented,on the attached table Based on our intial'ieview`oftha {documents provided yby you, we believe more than one review will be needed Our budget estimate includes an optional task to visit the site, and to attend; one meeting at City Hall-to discuss findings, If necessary '«. �' ,,,:' d�` €.« Additional services,if rl quested will be billed on an homy basis in addition to this budget ; s ¢ „ t_ Ai � s _ u En Amec Foster Wheeler Environment & Infrestrudure Inc ¢ , 3 11810 North Creek Parkway N � w Bothell, Washingtoq 9W V` t (425) 388 1000 Phone �r k4 (425) 388-1001 Facsimile M(WW�., artt m{ 810001 RoposaW201rS6deU0ry of &anmtwi100112017yoz-20 6�smerCon DM 8P1500073 Mid Deny Review Proposal sx.d= 1 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 03/10/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-908-566-1010 Construction Risk Partners, LLC CONTACT NAME: PHONE FAX C AIC E-MAIL ADDRESS:.JL Campus View Plaza INSURERS AFFORDING COVERAGE NAIC# 1250 Route 28, Suite 201 INSURER A: ACE AMER INS CO 22667 Branchburg, NJ 08876 INSURED INSURER B: ZURICH AMER INS CO 16535 INSURER C ACE PROP & CAS INS CO 20699 Amec Foster Wheeler Environment & Infrastructure, Inc. INSURER D: AMERICAN ZURICH INS CO �_ 40142 11810 North Creek Parkway N INSURER E: INSURER F: Bothell, WA 98011 COVERAGES CERTIFICATE NUMBER` 49302861 REVISION NUMBYR: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FO 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 LTR. TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY HDO 624557728 05/01/16 05/01/17 EACHOCCURRENCE $ 2,000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 10,000 PERSONAL& ADV INJURY $ 2,000,000 GEN'LAGGREGATELIMITAPPLIESPER: GENERAL AGGREGATE $ 4,000,000 POLICY � PRO JECT LOC PRODUCTS - COMP/OPAGG $ 4,0007,000 $ OTHER: B AUTOMOBILE LIABILITY BAP 9483148-05 05/01/16 05/01/17 (CEO, aMBIccNEDSINGLE LIMIT i dent $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO X ALL OWNED SCHEDULED AUTOS AUTOS �', BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident XX NON -OWNED HIRED AUTOS AUTOS $ X Comp $1,00 X Coll $1,000 11 C X UMBRELLA LIAB &' OCCUR XOO G27240665 05/01/16 05/01/17 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ 10,000 $ D D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y i N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) N / A WC 3504866-15 WC 3867133-09 05/01/16 05/01/16 05/01/17 05/01/17 X STATUTE OERH E.L. EACH ACCIDENT $ 1,000,00x0 9 / E.L. DISEASE - EA EMPLOYEd $ 1,000,000 Ifyes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 B Architects & Engineers Prof. IPR 1008375-01 05/01/16 05/01/17 Any One Claim/Agg 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Re: Third Party Geotechnical Review for Tracyton''TreeHouses Subdivision, Project #: PS17190250, Contract #: PSA Project Start Date: Mar -09-2017 - Project Completion Date: Mar -09-2018 The City of Bremerton is an additional insured on the General Liability and Automobile Liability policies as required b written contract. Coverage is primary and non-contributory where required by written contract. Waiver of subrogation is applicable where required by written contract and allowed by law. 30 days notice of cancellation applies per policy provisions. CERTIFICATE HOLDER CANCELLATION ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Nhuddy 49302861 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bremerton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Garrett Jackson 345 6th Street, Ste 600 AUTHORIZED REPRESENTATIVE Bremerton, WA 98337 USA oS ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Nhuddy 49302861 r .t POLICY NUMBER: HDO 624557728 001 Endorsement Number: 36 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Where required by Insured Contract executed prior to a All work conducted by AMEC USA Holdings, Inc. except loss for work conducted at or from any OCIP, CCIP or Joint Venture Insurance Program for which the named insured is an enrolled participant. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 = Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is 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 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. © Insurance Services Office, Inc., 2012 Page 1 of 2 I C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 CG 20 10 04 13 I POLICY NUMBER: HDO G24557728 001 Endorsement Number: 54 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations All parties where required by Insured Contract executed prior to a loss All work conducted by AMEC USA Holdings, Inc. 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 include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 1. The insurance afforded to such additional 2. Available under the applicable Limits of insured only applies to the extent permitted Insurance shown in the Declarations; by law; and whichever is less: 2. If coverage provided to the additional insured is required by a contract or agreement, the This endorsement shall not increase the applicable insurance afforded to such additional insured Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: HDO 624557728 001 Endorsement Number: 35 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 1. The following is added to the Other Insurance Condition and : supersedes any provision to the contrary: Primary And Noncontributory Insurance 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 (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from. any other insurance available to the additional insured. CG 20 01 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 484) 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 organaation 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 hall 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 FORMWORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION This endorsement changes the policy to which it Is attached and is effective on the date issued unless otherwise stated. (The Information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 05/01/16 Policy No WC3504866-15 Endorsement No. Insured AMEC USA HOLDINGS, INC. Premium$ Insurance Company American Zurich Insurance Company Countersigned By WC 00 03 13 (Ed. 4-84) Copyright 1963 NalianallCouncil on Compensation Insurance r 1 POLICY NUMBER: HDO G24557728 001 Endorsement Number: 71 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 Waiver Of Transfer Of Rights Of Recovery Against Others To Us Policy No.Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Agency No. Addl. Prem. Return Prem. BAP 9483148-05 05/01/16 05/01/17 05/01/16 N/A 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 Form SCHEDULE Name of Person or Organization: ONLY THOSE PERSONS OR ORGANIZATIONS FOR WHOM YOU ARE REQUIRED TO WAIVE YOUR RIGHTS OF RECOVERY UNDER THE TERMS OF A WRITTEN CONTRACT. We waive any right of recovery we may have against the designated person or organization shown in the schedule because of payments we make for injury or damage caused by an "accident' or "loss" resulting from the ownership, maintenance, or use of a covered "auto" for which a Waiver of Subrogation his 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: Authorized Representative Date: U -CA -320-B CW (4./94) Page 1 of 1 POLICY NUMBER: BAP 9483148-05 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT 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.1. 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 ther Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 0 A� a CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) F 06/29/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Southwest, Inc. Houston TX office CONTACT NAME: PHONE (g66) 283-7122 FA (AIC. No. Ext): (X No.): (800) 363-0105 C. 5555 San Felipe Suite 1500 RECEIVED E-MAIL ADDRESS: Houston TX 77056 USA HDOG27874265 INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURERA: ACE American Insurance Company 22667 wood Group USA. Inc. fka AmeC Foster wheeler OtY of Bremerton 17325 Park ROW MY Attorne INSURER B: Agri General Insurance Company 42757 INSURER C: ACE Fire Underwriters Insurance Co. 20702 Houston TX 77084 USA Y S �fflCe INSURERD: AIG Specialty Insurance Company 26883 INSURERE: Lloyds Syndicate No. 2003 AA1128003 INSURER F: MED EXP (Any one person) $5,000 COVERAGES CERTIFICATE NUMBER: 570072101533 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. Limits shown are as requested INSIR LTR TYPE OF INSURANCE NSD WVD POLICY NUMBER MMIDD/YYYY MMIDDIYYYY LIMITS '4 X COMMERCIAL GENERAL LIABILITY HDOG27874265 77U17= 61/31/2M EACH OCCURRENCE $2,000,000 CLAIMS-MADEX❑ OCCUR DAMAGE TO RENTED $2,000,000 PREMISES Ea occurrence MED EXP (Any one person) $5,000 PERSONAL &ADV INJURY $2,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY EPRO ❑ LOC JECT PRODUCTS - COMP/OPAGG $4,000,000 OTHER: A AUTOMOBILE LIABILITY ISA H25150132 05/01/2018 01/31/2019 COMBINED SINGLE LIMIT Ea accident)$2,000,000 BODILY INJURY ( Per person) X ANYAUTO OWNED SCHEDULED AUTOS ONLYAUTOS HI REDAUTOS NON -OWNED ONLY AUTOS ONLY BODILY INJURY (Per accident) PROPERTYDAMAGE Per accident A X UMBRELLALIAB X OCCUR XOOG24876238009 05/01/2018 01/31/2019 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $5,000,000 DED X RETENTION$ 10, 000 A B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? N/A WLRC64625196 Work Comp- AOS WLRC64625202 05/01/2018 05/01/2018 01/31/2019X 01/31/2019 PER OTH- STATUTE ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below work Comp- TN E.L. DISEASE -POLICY LIMIT $1,000,000 E Archit&Eng Prof PSDEF1800726 0710112018, 06/30/2019 Any One Claim $5,000,000 SIR applies per policy ter s & condiions Aggregate Limit $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Third Party Geotechnical Review for Tracyton TreeHoUses subdivision, Project #: PS17190250, Contract #: PSA Project Start Date: Mar -09-2017 - Project Completion Date: Mar -09-2018 The City of Bremerton is an additional insured on the General Liability and Automobile Liability policies as required by written contract. Coverage is primary and non-contributory where required by written contract. Waiver of subrogation is applicable where required by written contract and allowed by law. SEE ATTACHED ADDENDUM FOR ADDITIONAL NAMED INSURED AMEC COMPANIES. G ,�C� CERTIFICATE HOLDER CANCELLATION ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD U 0 r 0 0 L0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Bremerton AUTHORIZED REPRESENTATIVE 345 6th street, Ste 600 Bremerton WA 98337 USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD U 0 r 0 0 L0 AGENCY CUSTOMER ID: 570000021966 LOC #: 'A ADDITIONAL REMARKS SCHEDULE Page _ of AGENCY Aon Risk services southwest, Inc. NAMED INSURED wood Group USA, Inc. POLICY NUMBER see Certificate Number: 570072101533 CARRIER - see certificate Number: 570072101533 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSR LTR TYPE OF INSURANCE INSURER(S) AFFORDING COVERAGE NAIC # INSURER POLICY EFFECTIVE DATE MM/DD INSURER LIMITS INSURER WORKERS COMPENSATION IN C N/A Rwcc64785825 Work Comp- WI 05/01/2018 01/31/2019 OTHER D Env Site/Poll CPL12456119 Pollution 05/01/2018 05/01/2019 Each Loss $5,000,000 Aggregate Limit $5,000,000 ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFFECTIVE DATE MM/DD SURER LIMITS ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFFECTIVE DATE MM/DD POLICY EXPIRATION DATE M/DD/YY LIMITS WORKERS COMPENSATION C N/A Rwcc64785825 Work Comp- WI 05/01/2018 01/31/2019 OTHER D Env Site/Poll CPL12456119 Pollution 05/01/2018 05/01/2019 Each Loss $5,000,000 Aggregate Limit $5,000,000 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 #: '°' ADDITIONAL REMARKS SCHEDULE Paqe _ of _ AGENCY Aon Risk services Southwest, Inc. NAMEDINSURED wood Group USA, Inc. POLICY NUMBER See Certificate Number: 570072101533 CARRIER See Certificate Number: 570072101533 NAIC CODE 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 & FKA Named Insureds: Amec Foster wheeler Amec Foster wheeler E&I, Inc. AGRA Pipeline Professionals, Inc. AMEC AES AMEC Civil, LLC AMEC Construction Management, Inc. AMEC E&I, Inc. Amec Foster wheeler AES Inc. (formerly AMEC AES, Inc.) AMEC E&E, P.C. AMEC Earth and Environmental, Inc. AMEC Engineering and Consulting of Michigan, Inc. AMEC Environment & Infrastructure, Inc. Amec Foster wheeler USA Corporation Amec Foster wheeler Programs Inc. Amec Foster wheeler Constructors, Inc. Amec Foster wheeler E&C Services, Inc. (formerly AMEC E7C Services, Inc.) Amec Foster wheeler E&I, 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. (formerly National ventures, AMEC NNC USA, Inc. AMEC Nuclear USA Inc. AMEC offshore, Inc. Amec Foster wheeler oil and Gas, Inc. (formerly AMEC oil & Gas, AMEC Paragon Inc. AMEC PLC AMEC Technologies, Inc. Amec Foster wheeler USA Corporation AMEC USA Holding, Inc. Foster wheeler intercontinental Corporation GEST Associates, Inc. Amec Foster wheeler Kamtech, Inc. (formerly AMEC Kamtech, Inc.) MACTEC Engineering and Consulting, P.C. North American Shared services (NASS) QED International LLC Rider Hunt International USA, Inc. Terra Nova Technologies, Inc. (TNT) Oil & Gas US, Central & South America wood Group USA, Inc. wood Group Alaska, Inc. wood Group PSN, Inc. Altablue, Inc. Cape software, Inc. BMA Solutions, Inc. Global Performance, LLC john wood Group PLC RwG (Repair & Overhauls) USA, Inc. SgurrEnergy, Inc. Ingenious, Inc. Mustang Process and Industrial Mustang international, LP Mitchell's Oil Field Services, Inc. C.E.C. Controls Company, Inc. Wood Environment & Infrastructure Solutions Inc. wood E&IS, Inc. The ACORD name and logo are registered marks of ACORD Inc.) Inc.) AGENCY CUSTOMER ID: 570000021966 LOC #: ,4 �® ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk Services Southwest, Inc. NAMEDINSURED wood Group USA, Inc. POLICY NUMBER see Certificate Number: 570072101533 CARRIER See Certificate Number: 570072101533 NAIC CODE iEFFECTIVE 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 & FKA Formerly Known As: AMEC Foster wheeler Environment & Infrastructure, Inc.(formerly AMSC Environmernt & Infrastructure, Inc.) wood Group Mustang, Inc. wood Group Kenny, Inc. wood Group Management Services, Inc. ODL, Inc. wood Group Production and Consulting Services, Inc. wood Group PSN commissioning Services, Inc. wood Group PSN Lease Maintenance & Construction, LLC DSI Deepwater Specialists, Inc. caliber Services, LP Infinity Construction services, LP Infinity Maintenance Services, LP united Electrical & instrumentation, Ltd. Brazos M&E, Ltd. Elkhorn Holdings, Inc. Elkhorn Construction, Inc. Elkhorn Pipeline services HOAD Prosafe Dynamic Services The ACORD name and logo are registered marks of ACORD