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HomeMy WebLinkAboutPW10-076 - Original - R.W. Beck, Inc. - Consulting Services at Guiberson Reservoir - 04/08/2010 Records Mana-geme"n' KENO -W A3MINGTON - - 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: R. W. Beck, Inc. Vendor Number: 34013 JD Edwards Number Contract Number: J2Q(o- 07� This is assigned by City Clerk's Office Project Name: Consulting Services at Guiberson Reservoir Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 4/8/2010 Termination Date: 4/23/2010 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Dave Brock Department: Public Works Operations Detail: (i.e. address, location, parcel number, tax id, etc.): Inspection of the Guiberson revervoir to evaluate the cause of the leakage and observation of sand in the under-drain system. S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and R. W. Beck, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and R. W. Beck, Inc. organized under the laws of the State of Washington, located and doing business at 1001 Fourth Avenue, Suite 2500, Seattle, WA 98154-1004, Phone: (206) 695-4700/Fax: (206) 695-4701, Contact: R. Alan Bushley (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 conduct an inspection of the Guiberson Reservoir to evaluate the cause of the leakage and observation of sand in the under-drain system. For a description, see the Consultant's April 5, 2010 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 April 23, 2010. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Nine Thousand Dollars ($9,000 00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this CONSULTANT SERVICES AGREEMENT - 1 (Under$10,000) 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 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT - 2 1(Under$ 0,000) 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. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request The 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. CONSULTANT SERVICES AGREEMENT - 3 (Under$10,000) XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means 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 CONSULTANT SERVICES AGREEMENT - 4 (Under $10,000) the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. 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: B �=fy' Y By: 3�gnatur ) - (signature) Print Name: u,/v Print Name: Don Millett Its ` �c<< L �� = .- �_k�� Its: Public Works Operations Manager DATE: (tale) DATE: 4- _ I NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: R. Alan Bushley Timothy J. LaPorte, P.E. R. W. Beck, Inc. City of Kent 1001 Fourth Ave., Suite 2500 220 Fourth Avenue South Seattle, WA 98154-1004 Kent, WA 98032 (206) 695-4700 (telephone) (253) 856-5500 (telephone) 206 695-4701 facsimile (253) 856-6500 (facsimile) RW Beck-Gmbeson/&.& CONSULTANT SERVICES AGREEMENT - 5 (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. Dated this _ day of nV 1 , 20 O By: For: " Title: ��UYYny) [Fabouyce S D I�P_C�N( Date: q /a /l0 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 20 , By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A April 5, 2010 Mr. David Brock, Utilities Engineer An SAIC Company City of Kent 220 Fourth Avenue South Kent, Washington 98032 Subject: Inspection of Guiberson Reservoir Dear Mr. Brock: We are pleased to submit this proposal to conduct an inspection of the Guiberson Reservoir to evaluate the cause of the leakage and the recent observation of sand in the reservoir under-drain system. It is our understanding that the City is draining the reservoir so that we can enter it and observe the condition of the slabs lining the floor and sides of the teservotr, the joints, and evaluate the settlement observed at the northwest corner. Our services will Include an inspection by our structural engineer and a geotechnical engineer. We will prepare a technical memorandum summarizing our field observations, commenting on the likely causes of the leakage and the presence of sand In the under-drain system, and recommending a course(s) of remedial action. The maximum amount for these services will not exceed $9,000 without the City's prior written authorization. We will submit our report within one week from the site visit. Sincerely, R. W. BECK,INC. R. Alan Bushley Senior Project Manager RA$/rhm Proposaldoc oa a a� • •. ea a. . a Payment Provisions For Inspection Of City of Kent Guiberson Reservoir Labor: The following hourly rates shall apply for personnel involved in the inspection of the Guiberson Reservoir These rates are all inclusive, i e salary cost, overhead, and professional fee. ■ Principal/Senior Project Manager (QA/QC) .......... $ 218 ■ Senior Structural Engineer ...... . .... ......$ 165 ■ Support Staff . ...... . .. . .........$ 90 Expense: Out-of—pocket expenses will be invoiced at cost Sub consultant charges will be invoiced at cost plus 10% EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 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 Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all required insurance policies The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. ACC>R"- CERTIFICATE OF LIABILITY INSURANCE DATE( a010 MM/ Y) Il� oalo6olo PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY Marsh Risk&Insurance Services AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS mense#0437153 CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE CA I CA icth Figueroa Street COVERAGE AFFORDED BY THE POLICIES BELOW Los AngLlu CA 90017 Ann Balbaia Llewellyn(213)346-5102 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA National Union FIIL Ins co of Pittsburgh,PA 19445 R W Beck, Inc,a wholly owned subsidiary of SAIC INSURER IS New HarrtpshrL QnnranLL Contl 23841 1001 Fourth Avenue,Suite 2500 INSURER C The Insurance Company of the State of 19429 Seattle,WA 98154 Pennsylvania INSURER D 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 INSR ADD POLICYEFFECTIVE POLICY EXPIRATION LTR INSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD/YYYV DATE MM/DD/YYYY LIMITS A ® GENERAL LIABILITY GL 7146225 04/01,10 04/01r11 EACH OCCURRENCE S1,000,000 COMMERICAL GENERAL LIABILITY DAMAGE TO RENTED SI,000,OOO PREMISES Ea occurrence ❑❑ CLAIMS MADE ®OCCUR MED EXP IAny one person) $1Q,000 ❑ PERSONAL&ADV I NJ URY S1,000,000 ❑ GENERAL AGGREGATE $2,000,000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $1,000,000 ® POL,CY❑ PROJECT❑LOC $ AUTOMOBILE LIABILITY CA972'7003 AOS 04/01/10 04/01/11 COMBINED SINGLE LIMIT A ® ( ) S1,000000 ® ANy AUTO A 1-1 ALL OWNED AUTOS CA 9727005(MA) (Each Occurrence) A BODILY INJURY ❑ SCHEDULED AUTOS CA 9127004(VA) (Per person) $ ® HIRED AUTOS BODILY INJURY ® NED AUTOS (Per accident) $ NON-OW ❑❑ PROPERTY DAMAGE $ (Per accident) ❑ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ❑ANY AUTO EA ACC OTHERTHAN $ ❑ AUTO ONLY AGG S A z EXCESS/UMBRELLA LIABILITY 27471737 04/01/10 04/01/11 EACH OCCURRENCE $10,000,000 ® OCCUR ❑CLAIMS MADE AGGREGATE $IQOOQOOO ❑ $DEDUCTIBLE ❑ RETENTION $_ $ WORKERS COMPENSATION AND WC STATU OTH- B EMPLOYERS'LIABILITY Y/N WC 020342415(AOS) 04/01/10 04IO1 r11 ®TOR1 LIMITS TO ER C ANY PROPRIETOR/PARTNERIEXECUTIVE N WC 020342416(CA) E L EACH ACCIDENT $3,000,000 OFFICEbMEMBER EXCLUDED? C (Mandatory in NH) WC 020342421 (MA) ELDISEASE-EAEMPLOYEE $3,000,000 If yes,describe wider SPECIAL PROVISIONS below ELDISEASE-POLICY LIMIT $3,000,000 OTHER B WORKERS COMPENSATION& WC 020342417(FL) 04/01/10 04/01/I1 WC STATORY LIMITS B EMPLOYERS LIABILITY WC 020142418(OR) E L EACH ACCIDENT $3,000 000 B USL&I l Coverage Included W( 010142419 TX ELDISEASE-EA A (CONTINUED) ( ) EMPLOYEE $3,000 000 WC 020342420 1 E L DISEASE-POLICY LIMIT $3,000 000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS NOTE Workers Compensation Insurance for work In the state of Washington Is not provided under the above referenced workers compensation policy Coverage is provided by the Washington State Department of Labor&Industries program Stop Gap Employers Liability insurance for the state of Washington is provided under the above referenced workers compensation policy The Certificate Holder Is additional insured as to respects to the GL and AL policies referenced above, but only with respect to the services by named Insured under contract by the certificate holder A waiver of subrogation Is provided in favor of the additional Insureds Such insurance is primary and non-contributory to any other Insurance that may be available to the additional Insured where required by contract CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 220 Fourth Ave South EXPIRATION DATE THEREOF,THE INSURER AFFORDING COVERAGE WILL ENDEAVORTO Kent,WA 98032 MAIL 90 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT Attn David Brock,Utilities Engineer FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES RE Inspection of Gwberson Reservoir AUTHORIZED REPRESENTATIVE Marsh Risk&Insurance Services ACORD 25(2009/01) ©1988.2009 ACOREP4RPORATION All rights reserved The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25(2009/01) ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01/2010 forms a part of Policy No. GL 714-62-25 issued to SAIC, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA ADDITIONAL INSURED - PRIMARY INSURANCE This endorsement modifies Insurance provided under the following- COMMERCIAL LIABILITY COVERAGE FORM Section IV, Commercial General Liability Conditions, paragraph 4., Other Insurance, subparagraph a. Primary Insurance, is amended by the addition of the following However, coverage under this policy afforded to an additional insured will apply as primary insurance where required by contract, and any other insurance issued to such additional insured shall apply as excess and noncontributory insurance. Authorized Representative 74434(10/99) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT Insurance Primary as to Certain Additional Insureds This endorsement, effective 12 01 A.M. 04/01/2010 forms a part of Policy No. CA 972-70-03 issued to SAIC, INC by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA This endorsement modifies insurance prodded under the following: BUSINESS AUTO COVERAGE FORM Section IV -Business Auto Conditions,B., General Conditions, 5., Other Insurance, c.,is amended by the addition of the following sentence: The insurance afforded under this policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident We will not ask any insurer that has issued other insurance to such additional insured to contribute to the settlement of loss arising out of such accident All other terms and conditions remain unchanged AUTHORIZED REPRESENTATIVE 74445(10-99) PUBLIC WORKS OPERATIONS Donald C Millett Operations Manager 2204th Avenue South • Kent, WA 98032-5838 KENT Far 253-856-6600 �N..SXINGTON PHONE: 253-856-5600 April 8, 2010 Mr. R. Alan Bushley R. W. Beck, Inc. 1001 Fourth Avenue, Suite 2500 Seattle, WA 98154-1004 Dear Mr. Bushley: We have received the three signed originals of the consultant services agree- ment between R. W. Beck, Inc. and the City of Kent for inspection-of the Guiberson Reservoir to evaluate the cause of the leakage and observation of sand in the under-drain system. We have also received your current proof of insurance. The three contract originals have been signed by our Public Works Operations manager, and we are ready to have you proceed with the work. Enclosed is one fully signed original for your records. In the meantime, if you have any questions, feel free to call me at 253-856-5600. We look forward to working with you. Sincerely, David Brock, P.E. Utility Engineer DB:rcb Enclosure: One signed original of the consultant services agreement between R. W. Beck, Inc. and the City of Kent for Inspection Services at the Guiberson Reservoir C Ql Y U 3 9 MAYOR SUZETTE COOKE POperationsTWOpsContractslWaterlCoverLetterSignedContractCcnsultmgServwesRWBeckIriff�"6F'R VdER'i6'WrksDepattment Larry R Blanchard, Public Works Director