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HomeMy WebLinkAboutPW09-070 - Original - Aspect Consulting, LLC - Landsburg Mine - 03/31/2009 Records M3a a ge m e-r% _ KENTWASHiNGTON °m$ Document 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 City Clerk's Office. Vendor Name: Aspect Consulting, L.L.C. Vendor Number: JD Edwards Number Contract Number: fw&, 0?o This is assigned by City Clerk's Office Project Name: Landsburg Mine Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 6/30/10 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mike Mactutis Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Provide technical support regardm_g_the cleanup of the Landsburg Mine site. 5•Pubiic\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 • 41400..0 KENT W A MI N G T 0 N CONSULTANT SERVICES AGREEMENT between the City of Kent and Aspect Consulting, L.L.C. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Aspect Consulting, L.L.C. organized under the laws of the State of Washington, located and doing business at 401 Second Avenue S., Suite 201, Seattle, Washington 98104, Phone: (206) 328-7443/Fax: (206) 838-5853, Contact: Steve Germiat (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide technical support regarding cleanup of the Landsburg Mine Site. For a description, see the Consultant's February 20, 2009, Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by June 30, 2010. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty Eight Thousand, Six Hundred Seventeen Dollars ($48,617.00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over$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. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 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. 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: 440 By: S� i nature) / (signature) Print Name: 41h l' Prin(la)mi zette Cooke Its Its Ma or (title) DATE: 3�7��9 DATE: 31 3 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Steve Germiat Larry R. Blanchard Aspect Consulting, L.L.C. City of Kent 401 Second Avenue S., Suite 201 220 Fourth Avenue South Seattle, WA 98104 Kent, WA 98032 (206) 328-7443 (telephone) (253) 856-5500 (telephone) (206) 838-5853 (facsimile) (253) 856-6500 (facsimile) A ROVE S TO FORM: VV- iKe LaW!D&nartment ASPftt Consulting-"ndsburg Mine/Mactutis CONSULTANT SERVICES AGREEMENT - 5 (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 //��fii�vee requirements referenced above. �� Dated this /7 dayof �`'VCA 1200 9 By: 411140 For: S�a'G� �eytytli)y �L G Title: �✓ �ffou � Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 f 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 Aspectconsulting earth+water February 20, 2009 Mr. Tom Brubaker City Attorney City of Kent Law Department 220 Fourth Ave South Kent, Washington 98032-5895 Re: Proposal for Technical Support Regarding Landsburg Mine Site Project No. 090015-999 Dear Mr Brubaker: We are pleased to present our proposal to provide technical support regarding cleanup of the Landsburg Mine Site(Site)and its potential to impact the City of Kent's Clark Springs water source and surrounding water resources Our role is to support the City of Kent(City)with objective technical and regulatory consultation as the Site proceeds in the MTCA cleanup process. Our scope of work, schedule, and associated cost estimate are based on discussions with City staff Scope of Work Our scope of work is divided into five tasks,as outlined below. Task 1 — Peer Review of Project History and Status The first task involves reviewing the full documentation of the Site history and current status, along with specifications of the Clark Springs water supply system As part of this, we will do a review of Ecology files for the site, and have them make copies of pertinent documents as needed We will evaluate the appropriateness of the existing Site characterization,RI/FS, supplemental investigations,and the existing Site conceptual model We will also evaluate the draft Cleanup Action Plan in terms of protectiveness and consistency with MTCA. Our analysis will consider the Site's potential to impact the City's water supply and surrounding water resources We anticipate one meeting with the City near the end of this task to discuss our findings Planning-level cost estimates for filling any identified key data gaps would be provided as needed A written deliverable will be produced to document our review, findings, and recommendations, if requested by the City Task 2— Consultation Regarding Proposed Travel Time Modeling We will provide technical consultation regarding groundwater modeling issues with the goal of reducing uncertainty regarding the potential risks to the City's water supply posed by the Site. This will include assisting with a response to Ecology's existing offer to model groundwater travel times to help assess the appropriate groundwater monitoring frequency The response will need to justify and clearly present the questions the model is intended to address, and conclude whether groundwater modeling is an appropriate and useful too]to apply as part of 401 Second Avenue S,Suite 201 Seattle,WA 98104 Tel (206)328-7443 Fax (206)838-5853 www aspectconsultmg com a hinted habddy company City of Kent February 20,2009 Project No. 090015-999 defining the Site remedy at this Site. This task assumes we would provide technical review of modeling work conducted by others(anticipated to be PLPs). Assuming the modeling evaluation proceeds,we will provide review and recommendations regarding the modeling information developed. For the purposes of this proposal,we assume 3 technical meetings with the PLPs' consultant, Golder, who would presumably conduct the modeling effort We anticipate that representatives from Ecology and the City would also attend these meetings. During these meetings, we anticipate that we would identify key data gaps and key assumptions and recommend modeling techniques that we feel best simulate the complexity of the Site. We assume we will also have follow-up meetings with the City to discuss the outcome of the technical meetings. Task 3— Evaluating Potential Impact to Clark Springs This task includes developing an independent groundwater evaluation to address risks to the Clark Springs water supply if Site contamination were to enter the outwash aquifer system the Springs withdraw from Specifically, if approved by the City,this evaluation would explore the required source strength, assumed from the south portal,to result in detectable concentrations of the potential contaminants of concern in discharge from the Clark Springs water source We assume one meeting with the City to discuss the results and implications Task 4— On-call Support for Landsburg Mine Site This project is anticipated to require periodic review of future documents and other consultation at the request of the City. The results of our review and consultation will be communicated as requested by the City For the purposes of this proposal, we have assumed the communications would include 6 conference calls, 3 technical meetings with the PLPs' consultant and/or Ecology, and 3 internal meetings with the City. Task 5— Project Coordination This task provides for initial and ongoing project coordination with our internal project team and the City. Throughout the project,we will also maintain regular communications with you regarding project status, resolution of questions,or other issues that may arise Schedule We are prepared to proceed with this project as soon as we receive the signed contract We expect to be able to meet with you to discuss the findings from our peer review within three weeks of contract authorization(Task 1) Schedule for the other tasks is less certain at this time, but we would initiate review of the modeling information(Task 2) as soon as it is available following contract authorization. Page 2 City of Kent February 20, 2009 Project No 090015-999 Estimated Cost Our estimated cost to complete the scope of work described above is $48,617. The estimated cost breakdown by task 1s as follows- Task Cost Task 1 —Peer Review of Project History and Status $12,296 Task 2—Consultation re. Proposed Travel Time $13,292 Modeling Task 3 - Evaluating Potential Impact to Clark Springs $4,538 Task 4-On-call Support for Landsburg Mine Site $14,480 Task 5 -Project Coordination $4,011 Total $48,617 The work will be billed on a time and materials basis in accordance with the attached schedule of charges. If the need arises,additional work orders under this project may be requested. We appreciate the opportunity to be involved in this project. Please contact me at 206-838- 5830 if you have questions regarding this proposal. Sincerely, Aspect consulting Steve Germiat,LHG,CGWP Senior Associate Hydrogeologist sgermiat@aspectconsulting com Attachments. Aspect Consulting, LLC Schedule of Charges S%City of KentlLandsburg SupportlConlractslProposal Matenal7roposal-Landsburg Mine 2-19-09 doo Page 3 Effective February 2009 ASPECT CONSULTING,LLC SCHEDULE OF CHARGES Unless otherwise stated in the proposal or services agreement, current rates are as follows: Personnel Charges—Engineers and Scientists Principal ............ ... ............ ............................................$165 00 to$173.00/hour Sr Consultant........................................................................$155 00/hour Sr.Associate............. . ............. .......................................... .$150 00/hour Associate .............. .................................... ......................... $140.00/hour Senior . ..................................................... .................. .. $125 00/hour Sr Project.................................................. ............ ... ..... $113 00/hour Project.. ... .......................................................................... $103 00/hour Sr Staff....................................................... ..................... . $89 00/hour Staff . .... ....... . . . .. ....... ... . . ... .......... ...................... $78 00/hour Legal Testimony (4-hour minimum).....................................$250 00/hour Other Personnel and Disbursement Charges Sr GIS/CAD Specialist .. .. . . . ............................... ... $89.00/hour GIS/CAD Specialist........................ ..................................... $78 00/hour Pro9ect Assistant . .... ... . ......... .................. ..................... . $65.00/hour Four-wheel Drive Field Vehicle............................................$90 00/day(w/up to 100 miles) Mileage ........ ........... . ............. ... ..federal gov't rate plus 15% Subcontractors and Miscellaneous Expenses....................... cost plus 15% Reproduction(in house) ........................................... ......... $0 151sheet Reproduction(out of house).................................................. cost plus 15% Other equipment rental and expenses will be provided on a per job basis. 401 Second Avenue S,Suite 201 Seattle,WA 98104 Tel (206)328-7443 Fax (206)838-5853 www aspectconsulting coin a limited liability company EXHIBIT 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. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the 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: EXHIBIT B (Continued) 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. 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 ANII. EXHIBIT B (Continued) 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. ACORD AS CERTIFICATE OF LIABILITY INSURANCE csR sP DATE(MMIDD/PEC-1 03/18/09)09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Sprague Israel Giles HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1501 Fourth Avenue, Suite 2000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Seattle WA 98101-1637 Phone• 206-623-7035 Fax 206-682-4993 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER Zurich American Ins Co. INSURER B Ameracan states Inauranee Co Aspect Consulting LLC INSURER 179 Madrone Lane North INSURER D Bainbridge Island WA 98110 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 CR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED B)'_HE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMI75 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR NSR TYPE OF INSURANCE POLICY NUMBER :DATE MMMOIYY) DATE MM/DD/YY LIMBS GENERAL LIABILITY EACH OCCURRENCE $ 1, 000,000 �$50, 000 A X X COMMERCIAL GENERAL LIABILITY I GL0943478200 11/01/08 11/01/09 PREMISES(Eaoccurence) _ CLAIMS MADE OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE s2, 000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG s2,000,000 POLICY -PRO 7— LOD JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 B X X ANYAUTC OICI1077851 11/01/08 11/01/09 (Eaacc,dent) ALL OW NEE)AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per acadenl) GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESSAJMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ E DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS Ell R A EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE GL0943478200 11/01/08 11/01/09 EL EACH ACCIDENT $ 1,000, 000 OFFICERrMEMSEREXCLUDEDn WA S'j'Qp GAP IS DISEASE EA EMPLOYEE $ 1,000,000 (gs describe under 5PECIALPRCVISIDNS below EL DISEASE POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS;LOCATIONS?VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The City of Kent is additional insured with respects liability arising out of operations by or on behalf of the Named Insured Insurance is primary Contract #090015 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City of Kent IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Attn Nancy Yoshitake 400 West Gowe REPRESENTATIVES Kent WA 98032 AUTO E PRESENT ACORD 25(21301108) ©ACORD CORPORATION 1988 ACORD CERTIFICATE OF LIABILITY INSURANCE CSR SP DATE(MM/DD/VYYY) ASPEC-1 03 18 09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Sprague Israel Giles HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1501 Fourth Avenue, Suite 2000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Seattle WA 98101-1637 Phone 206-623-7035 Fax 206-682-44§17E ='` INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A steadfast Insurance company INSURER B Aspect Consulting LLC INSURER,C ,- 179 Madrone Lane north Bainbridge Island WA 98110 , * IvsOSEao }INSURER . COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REOUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CER-IFICATE 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 �— POLICY NUMBER P PIR LIMBS LTR NSR TYPE OF INSURANCE DATE OATS MMIDD,YY GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY I PREMISES(Ea occmence) $ CLAIMS"BADE J OCCUR MED EXP(Any one person) $ PERSONAL B ADV INJURY $ GENERAL AGGREGATE $ GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $ POLICY PEA LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO I (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTOONLY EAACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR F-1 CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS I I ER EMPLOYERS LIABILITY EL EACH ACCIDENT $ ANY PROPR ETORIPARTNERIEXECUTIVE OFFICEWMEMBER EXCLUDEW E L DISEASE EA EMPLOYEE $ 1 yes,describe under SPECIAL PROVISIONS below EL DISEASE POLICY LIMIT $ OTHER A ( Professional Liab � PEC9162942 11/01/08 11/01/09 Ea Claim 5,000,000 ' Pollution Liab Total Clm 5, 000, 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS EVIDENCE ONLY Contract #090015 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City of Kent IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Nancy Yoshitake 400 West Grove REPRESENTATIVES Kent WA 98032 AUTHO E PRESENT ACORD 25(2001/08) ©ACORD CORPORATION 1988 Additional Insured — Automatic — Owners, Lessees Or Contractors ZU RICH Policy No Exp Date of Pal Eff Date of End Agency No Addl Prem Return Prem GLO9434782-00 11/01/2008 11/01/2009 18188-000 NONE1 NONE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insm ed:Aspect Consulting,LLC Address(including ZIP Code): This endoisement modifies insurance provided under the Commercial Genei al Liability Coverage Part A. Section 11—Who Is An Insured is amended to include as an insured any person or organization who you are re- quired to add as an additional msuied on this policy under a written coati act of written agieement B. The insurance provided to the additional insured peison of olgamzation applies only to "bodily injury", "pioperty damage" or "personal and advertising iiyuiy" coveted under SECTION I - Coverage A - Bodily Injury And Propet ty Damage Liability and Section I -Covei nge B- Personal And Advei tising Injury Liability, 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 of omissions,or 2. The acts or omissions of those acting on your behalf,and iesultmg directly from a. Your ongoing operations performed for the additional insured,which is the subject of the written contract of written agreement,or b. "Your work" completed as included in the "products-completed operations hazard', performed for the ad- ditional insured,which is the subject of the wi itten coati act or wulten agreement. C. However,regardless of the piovisions of paragraphs A and B above 1. We will not extend any msmance coverage to any additional msuied person or organization a. That is not provided to you in this policy,or b. That is any bioader coverage than you are iequired to provide to the additional msuied pet son or organiza- tion in the written contract or written agreement, and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of a. The Limits of Insurance provided to you in this policy;or b. The Limits of Insurance you are required to provide in the written contract or written agreement i r Includes copyrighted material of Insurance services Office,Inc,with its permission U-GL-1175-B CW(3/2007) Page 1 of 2 j I r i J D. The insurance provided to the additional msuied person or organization does not apply to "Bodily injury", "property damage" or "peisonal and advertising injury" arising out of the rendering or failure to sender any professional architectural,engineering or suiveying services including 1. The preparing, approving of failing to piepaie or approve maps,shop drawings,opinions,reports,surveys,field ciders,change orders or drawings and specifications,and 2. Supervisory,inspection,aichiteCtUral of engineering activities E. The additional insured must see to it that. 1. We a.e notified as soon as pi acticable of an'occurrence"or offense that may result in a claim, 2, We receive written notice of a claim or"suit" as soon as practicable,and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by anothei inswei under which the additional msuied may be an insured in any capacity This provision does not apply to insurance on which the additional msuied is a Named insured, if the written contract or written agreement iequrres that this coverage be primary and non-contributory F. For the coverage provided by this endorsement. 1. 1 he following pas agi aph is added to Paragraph 4.a.of the Other insurance Condition of Section IV—Com- mercial General Liability Conditions This insurance is primary insurance as respects out covciage to the additional insured person or organization, where the written contract of wutten agieement requires that this insurance be primary and non-contributory In that event, we will not seek contiibution from any other insurance policy available to the additional insured on which the additional msuied person of organization is a Named Insured 2. The following paragraph is added to Paiagraph 4.b. of the Othei Insurance Condition of Section IV—Com- met cud General Liability Conditions This insurance is excess ovei Any of the other insurance,whether primary,excess,contingent or on any othei basis,available to an additional insured, in which the additional insured on our policy is also coveted as an additional insured by attachment of an endorsement to another policy providing coverage for the same"occurrence",claim of "suit" This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is requited by written contract of written agieement to provide coverage to the additional insured on a pumary and non-contributory basis G. This endoisement does not apply to an additional msuied which has been added to this policy by an endorsement showing the additional msuied in a Schedule of additional insureds,and which endorsement applies specifically to that identified additional insured Any provisions in this Covetage Part not changed by the terms and conditions of this endorsement continue to apply as written Includes copyrighted materiel of Insurance Services Office,Inc,with its permission U-GL-I 175 B CW(3/2007) Page 2 of 2 REQUEST FOR MAYOR'S SIGNATURE • Please Fill in All Applicable Boxes KENT W ASHINGTO4 This form must be printed on cherry paper Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator. Mike Mactutis Phone (Originator) 5520 Date Sent 3124/09 Date Required 3/31109 Return Signed Document to: Nancy Yoshitake CONTRACT TERMINATION DATE: 6/30/10 VENDOR NAME: Aspect Consulting, L L C DATE OF COUNCIL APPROVAL: 3/17/09 Brief Explanation of Document: The Consultant shall provide technical support for the cleanup of the Landsburg Mine Site and its potential impact to the City's Clark Springs water source and surrounding water resources CEIVED All Contracts Must Be Routed Through the Law Department (This Area to be Completed By the Law Department) r — � — Received: C. City of Kent Approval of Law Dept.: tv°AR ffice Of the Mayor Law Dept. Comments: L V2 Date Forwarded to Mayor: Shaded Areas to Be Completed by Administration Staff t� Received Recommendations & Comments: Disposition: �J D f / f�'E--- u Gil Date Returned: Iage5870_templatebase • 2/07