HomeMy WebLinkAboutPK07-229 - Original - Geomatrix - Town Square Plaza - 08/06/2007 T Records Management--
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WASHINGTON Document
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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: . ic 0 h8 Q+Y X
Contract Number: /"too 7-62 a I
ThIe :e �ecinnod by AA�ni virvnmvn.ei
Vendor Number: v S
Project Name: ! U(A SQ(�Ca 1-2 P) a� � — �e°o Vyl AJY
Contract Effective Date: U — "' —yl
Contract Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: l 1,
Department: 1
Abstract:
ADCL7832 07/02
KENT
WR.MI..T..
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Geomatrix
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Geomatrix organized under the laws of the State of Washington, located and
doing business at One Union Square, 600 University Street #1020, Seattle, WA. 98101-4107 (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:
Collect a sample of stockpile (from North 2nd & Smith) for analysis at the Analytical
Resources Incorporated laboratory; Communicate the results of the analysis to the City and
Waste Management, Inc. for a waste profile by WMI; Prepare a brief environmental report
of the sampling to the City and the Washington State Department of Ecology; and Respond
to and emergency inspection request by the City to screen potentially contaminated soils
and test pits along the park property then prepare for collecting soil samples for subsequent
laboratory analysis as described in the proposal dated July 10, 2007 attached and
incorporated as Exhibit A.
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 within 3 weeks of receiving final
analytical results, and weight tickets from WMI regarding the final amount of soil disposed at the disposal
facility.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Seven Thousand One Hundred Dollars ($7,100.00) 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.
CONSULTANT SERVICES AGREEMENT- 1
(Under$10,000)
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 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
(Under$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. 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 strictperformancean f c y st p st of y o 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.
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.
CONSULTANT SERVICES AGREEMENT-3
(Under$10,000)
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:
By: T- By: WGtTV►,
(�ture) (signature)
T ^ oo ^" .�t �'lL�e�,ro Prin ame: Jeff Watling
Print Name:
Its: �r�n c rip Its: Parks Director
(Title) T- Title
DATE: q — a,7- 0-7DATE:
NOTICES TO BE SENT TO: NOTICES th BE SENT TO:
CONSULTANT: CITY OF KENT:
Tim Reinhardt, Senior Scientist Perry Brooks
Geomatrix City of Kent
One Union Square, 600 University St #1020 220 Fourth Avenue South
Seattle, WA 98101-4107 Kent, WA 98032
206-342-1760 (telephone) (253) 856-5114 (telephone)
206-342-1761 facsimile 253 856-6050 facsimile
Town Square Geomatrix
CONSULTANT SERVICES AGREEMENT-4
(Under$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.
744,
Dated this a day of o_Gf.�( u , 2007.
By: Ae I
Fo r:
Title: / C I
Date: �7 — —07
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
, 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 , 2007.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS-3
Geomatrix Attachment I
July 10, 2007
Mr. Perry Brooks
Park& Open Space Planner
City of Kent
220 Fourth Avenue S.
Kent, WA 98032-5895
Subject: Revised Proposal for Contaminated Soil Assistance, N. 2nd Ave. & Smith St.
Dear Mr. Brooks:
Geomatrix Consultants, Inc (Geomatrix) is presenting this scope of work to assist the
City of Kent (the City) with environmental compliance issues that occurred during the
installation of utilities across North 2nd Avenue,just south of Smith Street, and in
excavations along North 2nd Avenue. The scope of work is based on our understanding
of the project from verbal conversations with Mark Madfai and Jim Henderson of the
City staff.
Project Background and Understanding:
Geomatrix was contacted by City staff on Thursday, June 21, 2007 regarding
contaminated soil that was encountered by a City contractor excavating across the right
of way of North 2nd Avenue, approximately 15 feet south of Smith Street. The soil from
the easterly half of the sewer line trench across 2nd Avenue exhibited a gasoline-like odor
of petroleum hydrocarbons. The excavated soil that appeared to be contaminated was
stockpiled by the contractor on plastic sheeting on the City property undergoing Parks
Department development at the SW corner of the 2nd and Smith intersection. The
stockpile is approximately 10-15 yards in volume, is covered with another layer of plastic
sheeting, and is located about 100 feet west of 2nd Avenue and 10 feet south of the
sidewalk. We understand that the City desires assistance with characterization and
disposal of the stockpiled soils under solid waste and dangerous waste rules of the State
of Washington. In addition, a second area of possibly petroleum-contaminated soil was
uncovered during excavations on site; it was considered prudent to perform an emergency
screening for hydrocarbon contamination for those excavated soils and adjacent areas to
be further excavated.
Scope of Work:
The following tasks will be completed by Geomatrix under this scope of work:
1. Collected a sample of the stockpile for characterization of gasoline and diesel
contamination, volatile organic compounds, and polychlorinated biphenyls
(PCBs). Geomatrix will have the samples analyzed at the Analytical Resources,
Incorporated (ARI) laboratory on a standard (14-day) turnaround basis.
One Union Square,600 University Street,Suite 1020 Tel 206 342 1760 www geomatrix corn
Seattle,Washington 9810 1-4 1 07 Fax 206 342 1761
VG -
Mr. Perry Brooks ;• Geomatrix
July 10, 2007
Page 2 of 4
2. Communicate the results of the analyses to the City and Waste Management, Inc.
(WMI) for a waste profile by WMI Geomatrix will contract with WMI to haul
the soil for disposal (depending on the Waste Profile assigned by WMI, this may
be to the Alaska Street transfer station in Seattle, for ultimate disposal of the soil
at a Subtitle D landfill). The City of Kent will be responsible for loading the soil
onto the WMI trucks at a mutually-agreeable time.
3. Geomatnx will prepare a brief environmental report of 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 Washington State
Department of Ecology.
4. Geomatnx will respond to an emergency inspection request by the City to screen
potentially contaminated soils and test pits along the park property adjoining 2"d
Avenue North. Geomatrix will prepare for collecting soil samples for subsequent
laboratory analysis.
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, as needed,
• The City will manage the actions of other contractors involved in the pile
disposal, and any traffic control planning and implementation on this project; and
• The City will issue all necessary notifications (e.g. water service shut down) and
coordinate all necessary activities with other parties.
Schedule:
Geomatnx has already performed the sampling and stockpile inspections,based on verbal
authorization from the City. We will await formal approval of this scope of work before
proceeding further. The final report will be completed within 3 weeks of receiving final
analytical results, and weight tickets from WMI regarding the final amount of soil
disposed at the disposal facility.
Budget Estimate:
Our estimated budget to complete this work will not exceed $7,100.00, 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.
I 1Project113591-City of Kent-2nd and Smrth10000-Admml2nd and Smith Soil Stockpiles Revised scope doc
ell-
Mr. Perry Brooks ,--1 Geomatrix
July 10, 2007
Page 3 of 4
We look forward to working with you on this project. Please call at 206/342-1780 if you
have any questions or require additional information.
Sincerely,
GEOMATRIX CONSULTANTS, INC.
Tim Reinhardt, CIH Kathleen Goodman, L.G., L.Hg.
Senior Scientist Principal Hydrogeologist
Attachments
I TrojectA 3591-City of Kent-2nd and Smith`,0000-Admm\2nd and Smith Sod Stockpiles Revised scope doc
Attachment 2
COST ESTIMATE
2nd and Smith Contaminated Soil Assistance Project
KENT, WASHINGTON
7/10/2007
Description Rate Units Sampling Consulting
Quantity Cost Quantity Cost TOTAL
LABOR
Project Manager $59 Hr 05 $29 50 3 $177 00
Senior En.-/Sci 1I $52 Hr 12 $624 00 11 5 $598 00
Senior Sci/En 1 $40 Hr 1 0 $0 00 0 $0 00
Sr Industrial Hygienist $52 Hr 0 $0 00 0 $0 00
Project Engineer $31 Hr $0 00 0 $0 00
Drafting/Graphics $28 Hr 0 $0 00 0 $0 00
Word Processing $16 Hr 0 $0 00 0 $0 00
Administrative $14 Hr $0 00 2 $28 00
Subtotal labor 12.5 $653.50 13.5 $803.00 $1,456.50
LABOR+OH +FEE 2.8388 $4,548.18
J ODCs
Car Mileage $ 0 485 on. 92 $44 62 0 $0
Field Supplies $ 25300 LS 1 $253 00 0 $0
Parking $ 1273 Day 2 $25 46 0 $0
PID $ 10000 Day 1 $100 00 0 $0
Historical Documents $ 10000 LS 0 $0 00 0 $0
Subtotal $423.08 $0.00 $423 08
Markup 10 % $42 31 $0 00 $42 31
SUBTOTAL $465.39 $0.00 $465.39
SUBCONTRACTORS
Analytical Laboratory
TPH-G/BTEX-Soil $80 Ea 1 $80 1 0 $0
VOCs $170 Ea 1 $170 0 $0
TPH-Dx-Soil $65 Ea 1 $65 0 $0
PCBs $110 Ea 1 $110 0 $0
Metals $125 Ea 1 $125 0 $0
Rush Charges 100% Ea 0 $0 0 $0
Analytical subtotal $0 $550
Waste Managementi $551 ton 225 $1,240 0 $0 $1,240
0 $0 0 $0 $0
Subtotal WM and Lab $1,790 $0 $1,240
Subcontractor tax 88% $109
Markup on all subs 10 % $190
ODC SUBTOTAL $2,554.12
TOTAL $7,102 30
Costs for subcontractors based on following assumptions
'Waste Management will haul and dispose of<=22 5 tons of petroleum contaminated soil
does not include standby time($120/hr)in case of delay
Sales tax of$0 088 included in subcontractor prices
I\Project\13591 -City of Kent-2nd and Smith\0000-Admin\Attachment 2 Budget Estimate As
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Attachment 3
GEOMATRIX CONSULTANTS,INC.
SCHEDULE OF CHARGES
For CITY OF KENT
Effective February 1,2007
The Schedule of Charges applies to all services provided by and/or through Geomatnx Consultants. Charges for our services are divided into three
categories. Personnel, Outside Services, and Equipment Rental/Reimbursables The schedule of charges may be revised annually,or as conditions
require.
PERSONNEL:
Personnel charges are for technical work,including technical typing,editing,and graphics involved in the preparation of reports and correspondence
and for the time associated with production of such documents Maximum direct labor rates for Geomatrix personnel are listed below, actual direct
labor rates will be based on personnel used on the project
PERSONNEL CATEGORY MAX. DIRECT LABOR RATE
Principal Engineer/Scientist $59
Senior Engineer/Scientist II $52
Senior Engineer/Scientist I $40
Project Engineer/Scientist II $35
Project Engineer/Scientist I $31
Staff Engineer/Scientist $25
Senior Technician $25
Field Technician $21
CAD/Graphic Designer $28
Project Assistant $16
Technical Editor $24
Support Staff $14
Direct labor rates will be multiplied by an overhead rate of 2.8388 and a fee of 10%to calculate the fully burdened labor rate.
Time spent in travel in the interest of the client will be charged at hourly rates,except that no more than 8 hours of travel time will be charged in any
day When it is necessary for an employee to be away from the office overnight,actual costs,or a negotiated rate,will be charged for living expenses.
A multiplier of 110 will be applied to all personnel expenses.
Charges for expert witness services will be at the hourly rates shown. However,for depositions and for court appearances,the rate is twice the amount
shown. There will be a 4-hour minimum per-day charge for depositions and an 8-hour nummum per-day charge for court appearances Special
accounting services will be billed at the Support Staff rate.
OUTSIDE SERVICES:
Outside services will be charged at cost plus 10%. Common outside items to which this 1.10 multiplier applies
include: drilling services,outside laboratory testing, equipment rental, printing and photographic work, special
insurance, outside consultants, travel and transportation,vehicle usage, and long-distance communications.
INVOICES:
Invoices will be rendered monthly,either as a final or partial bdlmg,and will be payable upon receipt
I\Project\13591-Cdy of Kent-2nd and Smith\0000-AdmmlSchedule of Chargea doc
Mr. Perry Brooks
Geomatrix
July 10, 2007
Page 4 of 4
APPROVAL AND ACCEPTANCE
ENVIRONMENTAL,HEALTH AND SAFETY ASSISTANCE
Second and Snuth Stockpile Characterization Project
Kent, Washington
Estimated Cost: $7,100.00
Approval and acceptance of this proposal are acknowledged by the signatures of duly
authorized representatives of the City of Kent and Geomatnx Consultants, Inc.
City of Kent
Signature Title Date
Geomatrix Consultants, Inc.
Signature Title Date
I\Project\13591-City of Kent-2nd and Smith\0000-Admm\2nd and Srmth Soil Stockpiles Revised scope doe
ATTACHMENT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
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 in
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. 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.
2. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
3. Professional Liability insurance appropriate to the Consultant's
profession.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits no
less than $1,000,000 each occurrence, $1,000,000 general aggregate
and a $1,000,000 products-completed operations aggregate limit
2. Professional Liability insurance shall be written with limits no less
than $1.000,000 per claim and$1,000,000 policy aggregate limit.
EXHIBIT B (Continued )
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 NII.
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
Chent# 149 GEOMACONS Erc k"�a-�
ACORD. CERTIFICATE OF LIABILITY INSURANCE OS/01/070nY)
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 INSURERS AFFORDING COVERAGE
INSURED INSURER Greenwich Insurance Company
Geomatrix Consultants,Inc INSURER B Fireman's Fund Insurance Co.
2101 Webster Street, 12th Floor
INSURER C
Oakland, CA 94612 INSURER
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
NSR POLICYEFFECTIVE POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER DATE MMIDONY DATE MMIDDIYY LIMITS
A GENERALLIABILITY GEC000340607 07/01/07 07/01/08 EACH OCCURRENCE 81000000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Anyone fire) $1000000
CLAIMS MADE 1XI OCCUR MED EXP(Any one person) $5 000
X Contractual PERSONAL&ADV INJURY S1,000,000
X CG2417 RR Contr GENERAL AGGREGATE $2 000 000
GEN L AGGRE GATE LIM IT APPLIES PER PRODUCTS-COMPIOPAGG $2000000
POLICY X PRO LOC
PRO-
JECT
A AUTOMOBILE LIABILITY AEC000340707 07101107 07/01/08 coluelNED SINGLE LIMIT
X ANY AUTO (Ea accident) $1,000r000
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per person)
X HIRED AUTOS
BODILYINJURY $
X NON-OWNED AUTOS
(Peramldent)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHERTHAN EA ACC $
AUTO ONLY AGG $
EXCESS LIABILITY EACH OCCURRENCE $
OCCUR CLAIMSMADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
B WORKERS COMPENSATION AND WZP80953183 07/01/07 07/01/off X We St Mi- OTH-
EMPLOYERS'LIABILITY
EL EACH ACCIDENT $1,000,000
E L DISEASE-EA EMPL OYEE $1,000,000
EL DISEASE-POLICY LIMIT $1,000,000
A OTHER Professional PEC000342406 07/01/07 07/01/08 $5,000,000 per Claim
iab&Contractors $5,000,000 Annl Aggr.
ollution Liab.
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
General Liability Policy excludes claims arising out of the performance of professional
services.
Ref: Geomatrix Project 13591 0(T Reinhardt,Seattle) North 2nd&Smith
Streets Stockpile Characterization, Kent,Washington
(See Attached Descriptions)
CERTIFICATE HOLDER AD DITIONAL INSURED,INSURER LETTER CANCELLATION
SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Kent DATE THEREOF, THE ISSUING INSURER WIW 4Qy(jFklCgtiJ(TO MAIL-in_,—DAYS WRITTEN
Attn.Tony Donal! NOTICE TO TH E CERTIFICATE HOLDER NAMED TO TH E LEFT,xlnixPMMVAXX)00000Mk
220 4th Avenue South xxat�propca�pxsrrcotanrlet¢xo(va xxx»e�axxxaroxorac
Kent,WA 98032-5895 xsetvLxenvxac
AUTHORIZED REPRESENTATIVE
ACORD 25-S(7197)1 of 2 #M196009 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 #M196009
POLICY NUMBER, GEC000340607 COMMERCIAL GENERAL LIABILITY
CG 2010 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 13591 . 0 - North
Attn: Tony Donati 2nd & Smith Streets Stockpile
220 4th Avenue South Characterization, Kent, WA. The
Kent, WA 98032-5895 City of Kent, its officers,
officials, employees, agents and
volunteers are additional
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,mainte-
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 project
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
i
POLICY NUMBER: GEC000340607 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.
POLICY NUMBER: GEC000340607 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT-AGGREGATE LIMITS OF INSURANCE
(PER PROJECT)
This endorsement modifies insurance provided under the following.
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The General Aggregate Limit under LIMITS OF INSURANCE (SECTION III) applies separately to each of your
protects away from premises owned by or rented to you
CG 25 03 1185
ENDORSEMENT
This endorsement, effective 12:01 a.m. , July 1, 2007 forms a part of Policy
No. ABC000340707 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
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 name 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 cond tions 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 or you request that it apply on
a primary basis prior to loss
Aft other terms and conditions of this policy remain unchanged
(Authoriz7ff Representative)
AUTO133(07199)
DCOR 09/20/2006