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HomeMy WebLinkAboutPW07-060 - Original - Geomatrix Consultants, Inc. - Springboard Development - 06/11/2007 -tlax Records Managernen -a KENT Document WASHINGTON _ CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact Mary Simmons, City Clerks Office. Vendor Name: Geomatrix Consultants, Inc. Contract Number: This is assigned by Mary Simmons Vendor Number: Project Names: Springboard Development Contract Effective Date: Date of the Mayor's signature Contract Termination Date: aw Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Pete Tenerelli Department: Engineering Abstract: Assist with environmental issues for the development's utility installation at 2nd Avenue and West Meeker Street. ADCL7832 07/02 KENT WP5.. ..TO. CONSULTANT SERVICES AGREEMENT between the City of Kent and Geomatrix Consultants, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Geomatnx Consultants, Inc. organized under the laws of the State of Washington, located and doing business at 600 University Street, Suite 1020, Seattle, WA 98101, Phone- (206) 342- 1760/Fax (206) 342-1761, Contact Kathleen Goodman (hereinafter the "Consultant"). L 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 assist with environmental issues for the Springboard development utility installation at 2nd Avenue and West Meeker Street For a description, see the 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 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 Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by June 30, 2007 III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Four Thousand, Four Hundred Seventeen Dollars ($24,417.00) for the services described in this Agreement This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute In that event, the parties will immediately make every effort to settle the disputed portion CONSULTANT SERVICES AGREEMENT- 1 (Over$L 0,000) IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that 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 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 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. 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. CONSULTANT SERVICES AGREEMENT-2 (Over$10,000) 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 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. E ven though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, t he w ork in ust in eet t he approval o f t he C ity and s hall b e subl ect t o t he C ity's general r ight o f inspection to secure satisfactory completion XIL 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 maybe 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 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, 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 CONSULTANT SERVICES AGREEMENT-3 (Over$10,000) 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. IN WITNESS, the parties below execute this Agreement,which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: 7 �zBy:-J) By:_ gna j (signature) Print Name: Print Suzette Cooke Its `pl A L /Jae Its Mayor (Title) (7ltl DATE. yla , (Off a�X07 DATE: �l/O 7 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Kathleen Goodman Larry R. Blanchard Geomatnx Consultants, Inc City of Kent 600 University St., Suite 1020 220 Fourth Avenue South Seattle, WA 98101 Kent, WA 98032 (206) 342-1760 (telephone) (253) 856-5500 (telephone) (206) 342-1761 (facsimile) (253) 856-6500 (facsimile) AP ROVED AS TO FORM: q p/n�n e Law D p ent Geomatnx-Spnngboard Utility Installatlon/renerelb CONSULTANT SERVICES AGREEMENT-4 (Over$10,000) 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. Dated this day of q,,�(� , 200 7. By. For: �� Title: / ^i r1Cr 0 Date: (O ' 49 ` 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. Dated this day of , 200_ By: For. Title: Date: EEO COMPLIANCE DOCUMENTS -3 EXHIBIT A L%' Geomatrix Attachment 1 May 21, 2007 Mr.T om G`ailfoil j Legal Department City of Kent 220 Fourth Avenue So. Kent, WA 98032-5895 Subject: Construction Assistance—Utility Installation 2"d and West Meeker Street Dear Mr. Guilfoil: Geomatrix Consultants,Inc. (Geomatrix)prepared this scope of work to assist the City of Kent (the City)with environmental issues that occurred during the installation of approximately 100 lineal feet of water line at the intersection of 2"d and Meeker. The scope of work is based on our understanding of the project from verbal conversations with the City personnel and a drawing titled Water Plan East,dated April 2006,by Springboard, the developer. Project Background and Understanding: Geomatrix was initially contacted by the City on February 14,2007 regarding contaminated soil that was encountered by Swinerton, the contractor for the Springboard. Swinerton began the installation of the water main on 2"d Avenue North, but stopped work when contaminated soil was encountered because they did not have personnel trained to handle contaminated soil. We have been providing environmental,health and safety consulting advice on the project since this time We understand that Swinerton has capped and pressure tested the portion of the water main that they installed in February within the area of the project that is not contaminated. The scope of Geomatrix's remaining work is to be present while the City's contractor,Rodarte Construction, completes the installation of the water main from the point where Swinerton stopped to the water main connection near the center of the intersection at 2nd and W.Meeker Street, arrange the disposal of contaminated soil, and document the nature of the contamination in a report as is required by the Model Toxics Control Act(MTCA)WAC 173-340. Scope of Work: The following tasks have been conducted by Geomatrix or are anticipated to be needed in the future: • Collected 3 stockpile samples and had them analyzed at the Analytical Resources, Incorporated(ARI)lab on February 15 on a quick turnaround basis. We discussed results of the analyses with City personnel. • Contract with NRC to load the soil into the trucks provided by Waste Management's subcontractor One shipment of previously excavated soil(about : One Union Square,600 Umvei say Street,Suite 1020 Tel 206 342,1760 Ww geomatrlxxom • Seatde,Washington 98101.4107 Fax 206 342 1761 Mr. Tom Guilfoil Geomatrix May 21, 2007 Page 2 of 5 140 tons) was transported and disposed on April 4, 2007 Rodarte,not NRC,will excavate the second shipment of about 150 tons of soil that will be generated during upcoming activities. A Geomatrix project engineer was present for several hours to screen the soil during the load-out on April 4,and will be present during the upcoming excavations. A health and safety plan was prepared for the work. The City will contract directly with Waste Management to haul the soil to the transfer station and dispose of the soil at a Subtitle D landfill. • Assist the city with determining the source of the contaminated soil and the responsible party,including obtain Sanborn Maps and King County Tax Archive files,if available. • During Swinerton's work to complete the north portion of the water main, a Gcomatrix project engineer was on site on April 23 to screen excavated backfill with a Photoionization Detector(PID)for the presence of volatile hydrocarbons. • Water main will be constructed in suspected petroleum contaminated soil using appropriate health and safety procedures,under a health and safety plan developed by each consultant or contractor. • Where possible,excavation of trench will be conducted during the business hours when the disposal facilities are open. Excavated soil will be direct-loaded into trucks for hauling to the disposal facility. Contaminated soil (assumed for this scope of work to be about 150 tons) will be hauled to Waste Management's Alaska Street Transfer Station. If the contamination in the soil appears to change from the original samples, such that those samples are not representative, additional analyses may be required by the disposal facility. Geomatrix will collect samples and submit to Analytical Resources, Incorporated (ARI) lab for analysis. Additional characterization sampling may require stockpiling the contaminated soil during until analyses are complete(approximately 4 working days for rapid turnaround). • Geomatrix will collect samples, as needed, for forensic testing during excavation to assist in the determination of the source of the contamination. All analytical testing will be conducted on an as-needed basis and is shown as a contingency in the budget estimate. • We understand that Rodarte will supervise the excavation and backfilling using their equipment and HAZWOPER-trained personnel. Rodarte will be responsible for compaction testing. • When Rodarte is working on the pipefittings and connection to the three-valve cluster on the existing water main on Meeker Street, Geomatrix will be present as requested,however, we do not anticipate a need for our project engineer at that 1\ProjecIN13247-City of Kent Meeker&2nd%Contract\Phase 1 and 2 scope of work\Meeker and 2nd utility installation scope doe Mr. Tom Guilfoil Geomatrix May 21, 2007 Page 3 of S time. We understand that Rodarte's pipefitters will be HAZWOPER-trained prior to conducting the work. • Rodarte will be responsible for cold patching the pavement at the end of each work shift,or covered with traffic-rated steel plates, unless there is a contiguous second shift. • Geomatrix will prepare an environmental report of all the sampling,including locations of the samples, analytical results, and final disposition of the contaminated soil and submit one copy each,to the City and the Department of Ecology. City of Kent Responsibilities: For the purposes of this proposal, scope of work, and budget,we assume that: • All necessary permits are in place and the City will transfer the permits to Geomatrix and/or Rodarte, as needed; • City will manage the traffic control planning and implement all the traffic control on this project; • City will issue all necessary notifications (e g. water service shut down)and coordinate all necessary activities with other parties. Schedule: Geomatrix will initiate the work on the upcoming activities when the contract is finalized with the City and subcontractors, materials are procured,the permits and soil profiles approved,and contractor IIASPs are complete. Final reports will be completed within 3 weeks of receiving final analytical results and weight tickets from the disposal facility. Budget Estimate: Our estimated budget to complete this work is$24,417 as detailed in Attachment 2. This budget includes some minor contingency for potential changed conditions. We will not exceed this budget without the City of Kent's prior authorization Any changes,new finds, or other factors outside our scope of work or conditions that may increase the cost above the proposed budget will be brought to the attention of the City. We will invoice based on time and materials in accordance with the attached Schedule of Charges and Conditions(Attachment 3) and our pending standard consultant Agreement. L\ProrccAl3243-City of Kent Meeker&2ndTontractThase I and 2 scope of workNeeker and 2nd utility installation scope doe Mr Tom Guilfoil Geomatrix May 21,2007 Page 4 of S We look forward to working with you on this project. Please tail at 206/342-1780 if you have any questions or require additional information. Sincerely, GEOMA RIX CONSULTANTS,INC. Kathl en Goodman,L G., L.Hg. Principal Hydrogeologist Attachments I\project\I3243-City of Kent Meeker&2nd\Contract\Phase I and 2 scope of workWeeker and 2nd utility installation scope doe Mr Tom Guilfoil Klk_� Geomatrix May 21,2007 Page 5 of 5 APPROVAL AND ACCEPTANCE ENVIRONMENTAL,HEALTH AND SAFETY ASSISTANCE Second and Meeker Water Line Project Kent, Washington Estimated Cost: $24,417 Approval and acceptance of this proposal are acknowledged by the signatures of duly authorized representatives of the City of Kent and Geomatrix Consultants, Inc. City of Kent Signature Title Date Geomatrix Consultants,Inc. Si(nature Title Date I\Project\13243-City of Kent Meeker&2nd\Contract\Phase 1 and 2 scope of work\Meeker and 2nd uLhty installation scope doc Attachment Geomatrix COST ESTIMATE 2nd and Meeker Street Project KENT,WASHINGTON 5/21/2007 Description Rate Units Sampling Consulting Quantity Cost Quantity Cost TOTAL LABOR Project Manager $59 Hr 0 $0 42 $2,478 Senior Eng/Sci lI $52 Hr 0 $0 0 $0 Senior Sci/Eng I $40 fir 0 $0 0 $0 Sr Industrial Hygienist $52 Hr 0 $0 20 $1,040 Project Engineer $31 Hr 50 $1,550 8 $248 Drafting/Graphics $28 Hr 2 $56 0 $0 Word Processing $16 Hr 0 $0 0 $0 Administrative $14 Hr 2 $28 0 $0 Subtotal labor 54 $1,634 28 $3,766 $5,400 LABOR+OH+FEE(10%) 2.8388 $16,862 ODCs Car Mileage $ 049 mi 300 $146 0 $0 Field Supplies $25 LS 4 $100 0 $0 PID $100 Day 4 $400 0 $0 Historical Documents $20 LS D $0 1 $15 Subtotal $646 $15 $661 Markup 10 % $65 $2 $66 SUBTOTAL $710 $17 $727 SUBCONTRACTORS Analytical Laboratory TPH-GBTEX-Soil $75 Ea 3 $225 0 $0 VOAs $140 Ea 2 $280 0 $0 TPH-Dx-Soil $55 Ea 3 $165 0 $0 PCBs $90 Ea 3 $270 0 $0 Metals $100 Ea 3 $300 0 $0 Rush Charges 100% Ea 1 $1,240 0 $0 Analytical subtotal $0 $2,480 Analytical contingency $1,000 $1,000 NCR $230 hours 5 $1,150 1 $750 $1,900 $4,630 $1,900 Subcontractor tax 8 8% $167 Markup on all subs 10 % $555 CDC SUBTOTAL $6,828 TOTAL A $24,417 Costs for subcontractors based on following assumptions: tNRC loaded—140 tons of PCS into WM's trucks on 414107 ($750 mob&demob,$2301hour excavator and operator time for 6 hours loading) Sales tax of$0.088 included in subcontractor prices I\Project\13243-City of Kent Meeker&2nd\Contract\Phase 1 and 2 scope of work\P.ttachment 2 Budget Estimate for both phases EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance 9 The Contractor 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 to connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors A. Minimum Scope of Insurance Contractor 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 There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor 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 $1.000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance• 1. The Contractor'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 Contractor's insurance and shall not contribute with it 2. The Contractor'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 contractor 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 Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A.VIl. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor 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 Contractor Client# 149 GEOMACONS ACORD,w CERTIFICATE OF LIABILITY INSURANCE 06106/0,°""' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey,Renton&Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O Box 12675 HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Oakland,CA 94604-2675 510 465-3090 Ted Kiyama INSURERS AFFORDING COVERAGE INSURED INSURERA Greenwich_Insurance Company Geomatrix Consultants, Inc. INSURER B Fireman's Fund Insurance Co. 2101 Webster Street, 12th Floor INSURER C Oakland, CA 94612 INSURER D INSURER E COVERAGES 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS IN SR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMBS LTR DATE MMIDDfYY DATE MM/DD/YY A GENERAL LIABILITY IGEC000340606 07/01/06 07/01/07 EACH OCCURRENCE S1,000,000 X COMMERCIAL GENERAL LLA13ILITY FIRE DAMAGE(Any one fire) $1,000,000 71 CLAIMS MADE Fil OCCUR MED EXP(Anyone person) $5 000 X Contractual PERSONAL&ADV INJURY S1,000 000 X CG2417 RR Contr GENERAL AGGREGATE 32,000 000 GEN'L AGGREGATE LIMITAPPLIES PER PRODUCTS COMP/OP AGG $2000,000 POLICY LX JEOT LOD A AUTOMOBILE LIABILITY AEC000340706 07/01/06 07101/07 COMBINED SINGLE LIMIT $1,000,000 X ANYAUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE IS (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMSMADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND WZP80941390 07/01/06 07/01/07 X I WC STATU- OTH- EMPLOYERS'LIABILITY EL EACH ACCIDENT I$1,000,000 EL DISEASE-EA EMPLOYEE $1,000,000 EL DISEASE-POLICY LIMIT $1,000,000 A OTHER Professional PEC000342405 07/01/06 07/01/07 $5,000,000 per Claim Contractors $5,000,000 Annl Aggr ollution Liab. DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS GENERAL LIABILITY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL SERVICES Geomatrix Project 13243 0(K Goodman, Seattle) Construction Assistance for Utility Installation at 2nd and W.Meeker Street, Kent,Washington. (See Attached Descriptions) CERTIFICATE HOLDER ADDITIONAL INSURED,INSURER LETTER CANCELLATION SHOULD ANYOF TH E ABOVE D ESCRIB ED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF, THE ISSUING INSURER WIWXKXMXWX TOMAIL 30_DAYSWRITTEN Attn. Nancy Yoshitake NOTICE TOTHE CERTIFICATE HOLDER NAM ED TOTHE LEFT, p( 220 4th Avenue South xrceuaLaa�axau<xan xxxen�a kxoa�axxxoLaaxoWncac Kent,WA 98032 >AeexasetorXxxis�c AUTHORIZED REPRESENTATIVE ACORD 25-S(7/97)1 of 2 #M163481 NMF 0 ACORD CORPORATION 1988 DESCRIPTIONS (Continued from Page 1) The City of Kent,its officers, officials,employees, agents and volunteers are additional insureds to general &automobile liability Primary insurance and severability of interests apply per policy form. AMS 25 3(07197)2 of 2 #M163481 POLICY NUMBER: GEC000340606 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 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 Organziation(s): Location(s)Of Covered Operations City of Kent Geomatrix Project 13243 0 - Attn Nancy Yoshitake Construction Assistance for 220 4th Avenue South Utility Installation at 2nd and Kent, WA 98032 W. Meeker Street, Kent, Washington. The City of Kent, its officers, officials, 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 This insurance does not apply to"bodily injury" or include as an additional insured the person(s)or "property damage"occurring after organization(s)shown in the Schedule, but only 1. All work, including materials, parts or equip- with respect to liability for"bodily injury", "property ment furnished in connection with such work, damage" or"personal and advertising injury" on the protect (other than service, mamte- caused, in whole or in part, by nance or repairs)to be performed by or on 1. Your acts or omissions, or behalf of the additional insured(s)at the loca- 2. The acts or omissions of those acting on your tion of the covered operations has been com- behalf, pleted, or in the performance of your ongoing operations for 2. That portion of"your work"out of which the the additional insured(s)at the location(s)desig- injury or damage arises has been put to its nated above intended use by any person or organization B. With respect to the insurance afforded to these other than another contractor or subcontrator additional insureds, the following additional exclu- engaged in performing operations for a sions apply principal as a part of the same protect employees, agents and volunteers are additional insureds . PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. SEVERABILITY OF INTEREST: IT IS AGREED THAT EXCEPT WITH RESPECT TO THE LIMIT OF INSURANCE, THIS COVERAGE SHALL APPLY AS IF EACH ADDITIONAL INSURED WERE THE ONLY INSURED AND SEPARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS CG 20 10 07 04 Copyright, ISO Properties, Inc, 2004 Page 1 of 1 UNIFORM POLICY NUMBER: GEC000340606 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR (Continued from page 1 . ) ORGANIZATION BROUGHT. NOTICE OF CANCELLATION: IT IS UNDERSTOOD AND AGREED THAT IN THE EVENT OF CANCELLATION OF THE POLICY FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM, 30 DAYS WRITTEN NOTICE WILL BE SENT TO THE CERTIFICATE HOLDER BY MAIL. IN THE EVENT THE POLICY IS CANCELLED FOR NON-PAYMENT OF PREMIUM, 10 DAYS WRITTEN NOTICE WILL BE SENT TO THE ABOVE . ENDORSEMENT#OD4 This endorsement, effective 12 01 a.m , July 1, 2006 forms a part of Policy No AEC000340706 issued to GEOMATRIX CONSULTANTS, INC by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED This endorsement modifies insurance provided under the following Business Auto Coverage Form Garage Coverage Form Motor Carrier Coverage Form Truckers Coverage Form Business Auto Physical Damage Coverage Form I LIABILITY COVERAGE, WHO IS AN INSURED is changed to include as an "insured" any person or organization you are required in a written contract ("the contract") to -came as an insured (the Additional Insured), but only for "bodily injury"or"property damage"to which this insurance applies resulting from the acts or omissions of 1. You,while using a covered"auto." 2. Any other person, while using a covered"auto"with your permission. The insurance provided by this endorsement shall be subject to the following additional conditions. 1 The Limits of Insurance provided for the Additional Insured shall not be greater than those required by contract and, in no event, shall the policy Limits of Insurance be increased by the contract 2 All insuring agreements, exclusions, terms and conditions of the policy shall apply to the coverage(s) provided to the Additional Insured, and such coverage shall not be enlarged or expanded by reason of the contract 3. Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the Additional Insured(s) whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be primary cr you request that it apply on a primary basis prior to loss All other terms and conditions of this policy remain unchanged " IU a A�JuI�.,•cn J (Authonz Representative) a AUTO133 (07/99) DCOR 09/20/2006