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HomeMy WebLinkAboutPW10-216 - Original - HartCrowser, Inc. - O'Brien Water Supply Well Seal Repair - 10/21/2010 Records Management KENT Document .VF5H nG-ON i 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: HartCrowser, Inc. Vendor Number: 33913 JD Edwards Number Contract Number: Polo - . ( (p This is assigned by City Clerk's Office Project Name: Consultant Services Agreement Well Seal Repair at O'Brien Water Supply Welll Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 10/21/10 Termination Date: 4/21/11 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kevin Swinford Department: Public Works Ops/Water Facilities Detail: (i.e. address, location, parcel number, tax id, etc.): Provide recommendations for the rehabilitation of the well seal on the O'Brien Water Supply Well S Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT WASHINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and HartCrowser, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and HartCrowser, Inc. organized under the laws of the State of Washington, located and doing business at 1700 Westlake Avenue North, Suite 200, Seattle, WA 98109-3056 (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: Recommendations for Rehabilitation of Well Seal at O'Brien Water Supply Well including the following: - Review the O'Brien Well installation report and boring log. - Complete a field visit to observe conditions at well head. - Collect water samples from the well water and from the seepage at the surface. - Evaluate various sealing options and present recommendations. Please note the consultant's additional information, including billing rates, which are presented Exhibit A and attached and incorporated as part of this agreement. 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 within six (6) months of the effective date of this agreement III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Four thousand Dollars ($4,000) 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 CONSULTANT SERVICES AGREEMENT - 1 (Under$10,000) Agreement. The Consultant's billing rates shall be as delineated in Exhibit Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. 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, CONSULTANT SERVICES AGREEMENT - 2 (Under$10,000) 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. 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. CONSULTANT SERVICES AGREEMENT - 3 (Under$10,000) 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 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. CONSULTANT SERVICES AGREEMENT - 4 (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. 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 �• B y: . y: (sr natur ) ,A , (signatu ) Print Na Me. i�,el G I &)VC Griot lPrmt Name: Donald C. illett Its: ry QCG Its: Public Works Operations Manager (title) / DATE: W10 DATE: IDI� IOIb NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Mr. Roy ElRnsen, LHG Mr. Kevin Swinford Senior Hydrogeologist Water Facilities Field Supervisor HartCrowser City of Kent 1700 Westlake Avenue North, Suite 200 220 Fourth Avenue South Seattle, WA 98109-3056 Kent, WA 98032 (206) 324-9530 (telephone) (253) 856-5600 (telephone) 206 328-5581 facsimile (253) 856-6600 (facsimile) P Operations\PWOpsContracts\Water\ConsultantAgreementHanCrowserO BnenWEIISe t10-10 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 C*�/ day of Q zr , 20 By: For: Title: 1)'lQat ,,, `� 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 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 Scope of Work mrw ALAF viVA" HA. rEu R;rc�ti:E t;r t rrn LIAR LsI' OWSE 1 October 1, 2010 Mr. Kevin R Swinford Public Works Department City of Kent 5821 South 240th Street Kent, WA 98032 Re: Revised Proposal Recommendations for Rehabilitation of Well Seal O'Brien Water Supply Well Kent, Washington 11-4-1100-013 Dear Mr. Swinford: Hart Crowser is pleased to present this revised proposal to provide recommendations for rehabilitation of the well seal on the O'Brien Water Supply Well. The well is located east of Highway 167, between 88th Avenue South and South 222nd Street in Kent, Washington. The O'Brien well is one of the water wells operated by the City of Kent (City) as part of the City's water supply system. This proposal is based on our site visit of August 30, 2010, our review of the well installation report, our discussion with you, and our experience with similar projects We revised our proposal dated September 21, 2010 to reflect your requested changes to the scope of work and incorporate the City's consultant contract terms and conditions. PROJECT BACKGROUND The O'Brien well was drilled in 1999 to a depth of 261 feet. The well is constructed with a 12-inch diameter casing screened at a depth of 192 to 251 feet. The well was constructed with a surface seal extending to a depth of about 45 feet. The well is naturally artesian, with an excess pressure at the wellhead of up to 15 psi under static conditions. Artesian flow at the time of drilling was estimated to be between 50 and 100 gallons per minute (gpm) Water seepage has been observed for some time around the well house building. We understand that recently the seepage rate has noticeably increased. When the well is opened, allowing water to discharge under artesian pressure to a nearby surface drain, the seepage stops This suggests that the surface seal around the well is leaking, which allows water under artesian pressure from the 1700 Westlake Avenue North,Sude 200 ©copyright 2010,Hart Crowser,Inc Seattle, Washrngton 98109-3056 All Rights Reserved Information is proprietary and company-confidential Fax 206 328 5581 Tel 206 324 9530 A as O'Brien Well 11-4-1100-013 October 1, 2010 Page 2 deep aquifer to come to the surface. We understand that the City constructed a French drain system on the north side of the well house to collected seepage. At the time of our visit, water was seeping from three areas around the north side of the well house Based on our visual observations, the seepage was about 10 gpm. PROPOSED SCOPE OF WORK The City has requested that Hart Crowser provide recommendations to prevent water leakage around the O'Brien well house We will evaluate the feasibility of repairing the well seal to prevent water leakage at the surface of the well head Our proposed scope of work includes the following: ■ Review the O'Brien well installation report and boring log. ■ Completed a field visit to observe conditions at the well head. ■ Collect water samples from the well water and from the seepage at the surface of the well head If the well water and the seepage have different water quality composition this would suggest that they are derived from different subsurface sources. The repair method and cost could be affected if the source of surface seepage is different than the source of water in the well The two water samples will be submitted to ARI of Tukwila, Washington for laboratory analysis of conventional water quality parameters (alkalinity, hardness, conductivity, total dissolved solids, iron, manganese, calcium, sodium, potassium, nitrate, chloride, and sulfate). ■ Evaluate various well sealing options and develop a cost estimate. ■ Present our evaluations and recommendations in a letter. The letter will include a: • Summary of the well construction methods and the likely cause of seepage at the well head; • Brief description of potential methods for repairing the well seal; • An evaluation of the advantages and disadvantages of the various well repair methods; • Our recommended method for preventing water leakage around the well; and • Planning level cost estimate for repairing the well seal ©Copyright 2010,Hart Crowser,Inc All Rights Reserved Information is proprietary and company-confidential. A O'Brien Well 11-4-1100-013 October 1, 2010 Page 3 The cost estimates will be limited to contractor labor and material costs. City expenses such as costs for bidding, oversight, permitting and public notifications will not be included. The planning cost estimates are not Intended to be used for bidding purposes COST AND SCHEDULE We will complete the proposed scope of work on a time and materials basis not to exceed $4,000 without you prior written authorization. We will schedule a site visit after receiving your written authorization to proceed During the site visit we will collect water samples and submit the samples for laboratory analysis using standard turnaround time of 10 days. We will provide a draft letter for your review and comment within 2 weeks of receiving the final laboratory results. Following receipt of the City comments, a final letter will be issued We included the cost of one 2 hour meeting with the City to discuss our findings and recommendations. TERMS AND CONDITIONS The scope of work outlined above will be billed on a time and materials basis. Our services will be performed in accordance with the standard of care of our profession If project requirements change, requiring additional work, we will notify you and seek your approval for an addendum to these costs The attached Terms and Conditions between the City of Kent and Hart Crowser, Inc. will be used and are herein incorporated into our agreement with you and, by your authorization to proceed, you are agreeing to these terms and conditions. Please acknowledge your authorization of this scope of work by having the appropriate paperwork prepared and submitted to us for our review and signature. Any changes to our agreement must be in writing and mutually agreed to. ©Copyright 2010,Hart Crowser,Inc All Rights Reserved Information is proprietary and company-confidential. A O'Brien Well 114-1100-013 October 1, 2010 Page 4 We appreciate this opportunity to submit our proposal and look forward to your favorable consideration. If we may provide any additional Information or clarification of this proposal, please call us. Sincerely, HART CROWSER, INC. la-V Roy E.JENSEN,LHG RICHARD F. MOORED LHG Senior Hydrogeologist Principal Attachments: Table 1 - Cost Estimate Terms and Conditions (HCT&C (June 2008)) with Exhibit A Rate Schedule (HCFY08) Contract Change Form Example City of Kent Terms and Conditions with Exhibit B J\Proposals\1 1 41 1 0001 3\O'BrienWellProposal_100110 doc ©Copyright 2010,Hart Crowser,Inc All Rights Reserved Information is proprietary and company-confidential. . \; � /\ � ! ■ !] E;;[ §®; ;iI!§ \ % ! ;;;; ;a; ;;;.; ; \ , ! ®;» -!! ;a;� ! f ) � } ;=;Q ;.; �;;� ; ! - !;� |�| |;;;\ § ]! . �, �;. ] ��� . �,�„ �;! ) � �§[ ! | !i)` $ | 1. � !}: \. (| _ : ! . �(§\ \� \ f{ � | ) � !!!�_ , 1-_ !) r ! ! !!,!) !!J) }§!!K] f]\ ! A as nlrn t,1 rrrzr s=; riot, 'HA. RTOZOWSEEER HART CROWSER RATE SCHEDULE Sr. Principal $210 Principal $195 Sr. Associate $175 Associate $155 Sr. Project $137 Project $119 Sr Staff $99 Staff $82 Drafter $85 Senior Drafter $108 Project Assistant $70 DIRECT CHARGES Auto Mileage Current Federal Standard Truck/Van Rental(Half-day minimum) $85/day+251/mile over 50 Subcontractors and Outside Vendors Cost+ 15% Communication Charge 5%of Billed Labor Second and Third Shift Weekend and Holidays' $20/hr premium The current Schedule of Laboratory and Field Charges for in-house laboratory services and field equipment rental and supplies is available upon request All rates are subject to change without notice `Second and Third Shifts are those starting between 4 PM and 4 AM Extended and back to back shifts with more than 10 total hours will have hours in excess of 10 billed with premium Preparation for testimony and appearance at depositions and testimony will be charged at 1 5 times the specified rate HCCY08 1700 Westlake Avenue North,Suite 200 Seattle,Wash,rgton 98109-3056 Fax 206 328 5581 Tel 206 324 9530 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. 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. 2. 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. P Operations/PWOpsContracts/Water/HartCrowser/ConsultingAgreementO'BnenWell5eal10-10 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 A:VII. 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. P Operations/PWOpsContracts/Water/HartCrowser/ConsultingAgreementO'BrienWellSeal10-10 PUBLIC WORKS OPERATIONS Donald C Millett Operations Manager 2204th Avenue South ent, WA 98032 KE O T Fax 253 856-6600 WASHING70H PHONE: 253-856-5600 October 25, 2010 Mr. Roy E. Jensen, LHG Senior Hydrogeologist HartCrowser, Inc. 1700 Westlake Avenue North, Suite 200 Seattle, WA 98109-3056 Dear Mr. Jensen: We have received the two signed originals of the Consultant Services Agreement between HartCrowser, Inc. and the City of Kent to provide recommendations for the rehabilitation of the well seal on the O'Brien Water Supply Well. We have also received the appropriate proof of liability and additional insured insurance . The two originals of the contract 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. SincereI Kevin Swinford Water Facilities Supervisor KS:rcb Enclosure: One signed original of the 2010 Consulting Agreement Between the City of Kent and HartCrowser, Inc. EA 3 c v u 3 3 3 0 MAYOR;rPWOpsContr)2, over et er igne ontract art rowser onsu nn greemen nen a ea City of Kent Public Works Department Timothy I LaPorte, P E , Public Works Director