Loading...
HomeMy WebLinkAboutPW11-006 - Original - Anchor QEA, LLC - S 228th St Drainage Bypass - 02/23/2011 -r T Records Man dvr'g_�e m e� KEN WAS„INGTO„ 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: Anchor QEA, LLC Vendor Number: JD Edwards Number Contract Number: T"W t( — O 0 G This is assigned by City Clerk's Office Project Name: S. 228th St. Drainage Bypass Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: ,�)- �93 - /( Contract Effective Date: Date of the Mayor's signatureTermination Date: 12/31/11 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Joe Fielding Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Provide drainage analysis and design assistance for the protect_ S Public\RecordsManagement\Forms\ContractCover\adcg7832 1 11/08 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Anchor QEA, LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Anchor QEA, LLC organized under the laws of the State of Washington, located and doing business at 811 Kirkland Avenue, Suite 200, Kirkland, WA 98033, Phone: (425) 827-3243/Fax: (425) 827-3509, Contact: Jerry Bibee (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 drainage analysis and design assistance for the S. 228th Street Drainage Bypass Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorported 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 December 31, 2011. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Seventeen Thousand, Eight Hundred Dollars ($17,800.00) 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 9 � 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, to the extent of the Consultant's negligent 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 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. 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 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 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: By: �7 signature) (sjgnature) Print Name: Re���t K. "�,�.-y Pri Nam ette Cooke Its Its M or (tits ) DATE: 'Z/I`> 71, DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Jerry Bibee Timothy J. LaPorte, P.E. Anchor QEA, LLC City of Kent 811 Kirkland Ave., Suite 200 220 Fourth Avenue South Kirkland, WA 98033 Kent, WA 98032 (425) 827-3243 (telephone) (253) 856-5500 (telephone) (425) 827-3509 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Ke t Law Department Anchor QEA-228"Drainage Bypass/Tan 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 a►l 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 wi►I 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 ( 5 day of r�� , 20 (�. For: l I''"i,,(,or � ♦ � (�L � Title: Date: EEO COMPLIANCE DOCUMENTS - 1 s 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 I I i 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 Anchor OEA, LLC Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as S. 228th St. Drainage Bypass that was entered into on the February 23, 2011, 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. h �T' Dated this � day of :3—"t'(04 , 201 3 . Fo r: r 1 tl G h62r L L C Title: Date: I Z 2U1 i i EEO COMPLIANCE DOCUMENTS - 1 i I d t , ANCHOR OE 0 , EXHIBIT A— SCOPE OF WORK City of Kent—South 228th Street Drainage Improvement Project Drainage Analysis and Design Assistance Services INTRODUCTION AND UNDERSTANDING This Scope of Work outlines the requested drainage analysis and design assistance services to be conducted under the professional services agreement between the City of Kent (City) Public Works Department (Client) and Anchor QEA, LLC (Consultant), for stormwater facilities design being conducted by the City for the South 228th Street Drainage Improvements Project (Project), The Consultant will coordinate with the City in completing these services within the established budget and within a mutuall -a reeable schedule under g Y g this agreement, as adjusted for any scope changes or other potential delays outside of the Consultant's control The Consultant shall be responsible for the information and content represented in documentation generated by the Consultant under this contract SCOPE OF WORK South 228th Street Drainage Improvements Analysis and Design Assistance Task 1 —Hydrologic Analysis of Tributary Drainage Area This task will provide updates to the MGSFlood continuous simulation hydrologic model preciously developed by the Consultant in the City's Drainage Master Plan (DMP, Anchor QEA 2008) for the Project These updates will include refining the hydrologic model that simulates runoff response from the tributary drainage subbasm to provide design flow estimates to be used in hydraulic analysis of Project improvements The extent of tasks analysis to be completed is defined by the following services: • Review MGS model setup and flow routing for consistency with the City's currently proposed Project improvements and making necessary adjustments to the model structure www anchorgea com W Scope of Work—City of Kent South 228th Street Drainage Improvement Project Drainage Analysis and Design Assistance Services • Define desired modeling output parameters for Project assessment, which are currently understood to be peak recurrence interval runoff flows, annual and monthly mean daily flows, and monthly flow-duration (flow exceedance) statistics • Refine drainage subbasin boundaries, runoff, and loss parameters to reflect desired Project analysis conditions • Complete MGSFIood modeling analysis with required post-processing of model output (e g , MS Excel spreadsheet) to generate the targeted model outputs. • Document the analysis results in tables and figures and within a summary technical memorandum developed for services listed in Tasks 1 through 5 of this Scope of Work The Consultant will coordinate with the City's design team in completion of these hydrologic analysis services, including phone and email correspondence in successful execution of these services Requested meetings will be conducted under Task 5 services Task 2— Hydraulic Analysis of Drainage System Improvements The Consultant will conduct hydraulic analysis of the City's proposed drainage system improvements to the extent defined by the following anticipated analysis needs • Conduct preliminary hydraulic capacity analysis of the City's proposed storm drain conduit sizing compared to the DMP-recommended box culvert sizing This includes consideration of estimated downstream hydraulic control provided by the combined 64th Avenue South and downstream Green River Natural Resources Area (GRNRA) facilities based on available information or estimated tailwater levels using simplified backwater analysis This will also consider the maximum allowable upstream water level as defined by City staff in coordination with the Consultant. • Conduct preliminary hydraulic analysis of proposed flow splatter (see Task 4) and low flow connection to the City's existing 76th Avenue South trunk storm drain system for capacity assessment and proportion of annual/seasonal flow maintained to Mall Creek at the drainage system outfall (this assessment will use Task 1 hydrology results) This will include a summary of preliminary hydraulic analysis results (for example, in table and figure format) for consideration by the City's design team • After the City's design team completes refinement in trunk storm drainage facilities design and alignment, conduct final hydraulic capacity analysis of the recommended storm drainage system improvements Document results, including methods, - - — -��_�..._._,.......�...�. Page 2 ._......_�.�_..�. �...a,..._�..�� Scope of Work—City of Kent South 228th Street Drainage Improvement Project Drainage Analysis and Design Assistance Services assumptions, and provide calculations backup in a technical memorandum developed for Tasks 1 through 3 The Consultant will coordinate with the City's design team in completion of these hydraulic analysis services, including phone and e-mail correspondence in successful execution of these services Requested meetings will be conducted under Task 4 services Task 3—Low Flow Splitter Design Assistance The Consultant will assist the City with preliminary design layout and criteria for the proposed low flow sphtter hydraulic structure We understand the purpose of this flow splatter will be to 1) continue to convey low flows to the 76th Avenue South trunk storm drain, and 2) divert higher flows to the South 228th Street trunk storm dram improvements, with downstream connection to the 64th Avenue South conveyance channel leading to the GRNRA southeast inlet This will include conceptual design plan and section details of the flow splatter structure, including pipeline sizes and elevations along with weir lengths, orientation, and elevation. Recommendations for maintenance access design and structure covering will be included After City review, the Consultant will respond to minor adjustment to the preliminary design layout drawings The City will conduct final design, inclusive of detailed civil, geotechnical, and structural design of the recommended flow sphtter. Task 4— Project Management, Coordination, and Meetings The Consultant will provide project management for all services under this Scope of Work, including client and internal project team coordination and the following • Coordinating with the City's design team and Consultant's internal project team regarding requested services, their execution, and summary of results • Conducting quality assurance/quality control review of primary deliverable products • Preparing for, attending, and summarizing one one-half day meeting with City staff to facilitate analysis and design coordination and recommendations development (assumes two staff attending) • Preparing monthly invoices with progress reports Page 3 Scope of Work—City of Kent South 228th Street Drainage Improvement Project Drainage Analysis and Design Assistance Services DELIVERABLE WORK PRODUCTS The deliverable work products within the Scope of Work include• • Tasks 1 and 2 - MGSFlood model files and output, hydraulic backwater analysis spreadsheets (Excel), and tables (MS Word and PDF) and figures (PDF) to summarize the results of hydrologic analysts and preliminary hydraulic analysis of the City's proposed improvements to the South 228th Street drainage system • Tasks 2 - Technical memorandum (MS Word and PDF format) to summarize the methods, assumptions, findings, and recommendations of final hydrologic and hydraulic analysis conducted for the conveyance system and flow splatter improvements (inclusive of hydraulic design calculations) • Task 3 - Preliminary design layouts (plan and section) and associated hydraulic design criteria for the recommended flow sphtter (AutoCAD and PDF files) • Task 4 - Meeting inputs and notes summarizing meeting discussions and decisions, and monthly Project status and budget updates to accompany invoicing KEY ASSUMPTIONS The key assumptions for this Scope of Work include: • The City will lead design of improvements, with the Consultant providing hydrologic and hydraulic analysis and supporting civil/hydraulic design assistance for the components designated in the Scope of Work • No downstream hydraulic assessment will be conducted beyond conveyance of design flows through drainage system improvements to the southeast inlet of the GRNRA • Further downstream technical analysis may be required in support of Project permitting, which would need to be separately authorized • Once work is completed and reviewed with the City, further requested analysis needs based on City design changes will be considered as added services beyond the scope. • No final design Plans, Specifications, and Estimates (PS&E) documents will be produced by the Consultant FEE ESTIMATE AND AUTHORIZATION The attached fee estimate table (Attachment A) provides a summary of labor and expense budgeted costs to successfully complete the Scope of Work. Invoicing will be based on a time and reimbursable expense basis in accordance with the Consultant's 2011 billing rate Scope of Work—City of Kent South 228th Street Drainage Improvement Project Drainage Analysis and Design Assistance Services schedule as shown in Attachment A A 5 percent service charge will apply to subconsultant services (not anticipated) and to the Consultant's outside service reimbursable expenses The total estimated not-to-exceed budget for services conducted under this agreement is $17,800 The Consultant understands that Scope of Work tasks will be authorized by City agreement under mutually-agreed-upon terms SCHEDULE The schedule for completion of services under this Scope of Work and agreement shall be as mutually agreed to between the City and Consultant. It is currently understood that the work under this authorization will extend through March 2011 to allow City's design completion of bid advertisement in late spring 2011 for Project construction in summer 2011 List of Attachments Attachment A Anchor QEA Fee Estimate—South 228th Street Drainage Improvement Project, Drainage Analysis and Design Assistance Services Page 5 • ppp . , r , • pp p . . , , , . o� pp • p�)w p c - � �n E0. o w wwwwwwww w w w w wwwwww w w w w _ o y o a rn � N � d G ry Y 3 N Z R w w w w w w w Y r r r r r i r r i • r � � r • i E ul F m p o o p p o 0 o p m o 0 0 0 w y� w w w w w w w w w w w w w w d N `o a m ¢ w w M w w w w w w w w w w w w w w 4 � c m rn m n o 0 0 0 0 o a o 0 0 0 o a o ¢ v n w w w w w w w www w w w w w w r� r. w w wwwwww w w www w w www w w a m � x m m in o 0 0 0 o p o o m o 0 0 0 0 w w wwwwww w w www w w w w w w w m N N r[)P In O ry w w w w w w w w w w w w w w w w w w w w a w w W E � ; � m • r r r r r r r r i 00 i � � p0 rn r O 1+ N E ~ F fi• D+— D r9 C w w w w w w w w w w w w w w w w w M w 9 N rn w c, Q n O ZU] r � c J M w www w w www w g V m r7� U O r r r r r r • i • N r r rn N r w G=N ��(m ;,. w www wwwww wwwwww w O W 1'1 _ w wwwwwwww w 4) F W U m LII T T J J J gY C O O V C J U W Era- � � H Tio 'arm� 2a<i a m m c n m � m O G O V_ O W O0.t] N a .• T _n r J] >w S C 5 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 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 City shall be named as an 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. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single it for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The 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 {gamed 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 Contractor 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. A1CC)I'l CERTIFICATE OF LIABILITY INSURANCE DATE 219120 1 ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER CONTACT Commercial Lines-(206)892-9200 NAME PHONE MC No Wells Fargo Insurance Services USA,Inc -CA Lic# OD08408 E MAIL ADDRESS 601 Union Street,Suite 1300 PRODUCER AN043490 CUSTOM ER ID III. Seattle,WA 98101-1371 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Travelers Indemnity Company of Connecticut 25682 Anchor OEA,LLC INSURER B Travelers Indemnity of America 25666 1423 3rd Ave,Ste 300 INSURER C Underwriters at Lloyds,London 15792 INSURER D Seattle,WA 98101 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER 2353903 REVISION NUMBER, See below THIS IS TO CERTIFY THAT 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE DDL SUER POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/VYYY MMIDD/YYYV A GENERAL LIABILITY 660-5251 L034-TIA-10 10/10/10 10/10/11 EACH OCCURRENCE $ 10000D0 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 1 000,000 CLAIMS-MADE X-1 OCCUR MED EXP(Any one person) $ 51000 PERSONAL 8 ADV INJURY $ 1 000,000 X Employers Liability GENERAL AGGREGATE $ 2,000,000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGO $ 2000000 ECT POLICY X PRO- LOC $ B AUTOMOBILE LIABILITY BA-5398L892-10-GRP 10/10/10 10/10/11 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ANY AUTO BODILY INJURY(Par person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $X HIRED AUTOS (Per accident) X NON-OWNED AUTOS $ I$ UMBRELLA LIAB OCCUR EACH OCCURRENCE �$ EXCESS LIAB CLAIMS-MADE AGGREGATE S DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN S ANY PROPRIETOR/PARTNER/EXECUTIVE❑ NIA E L EACH ACCIDENT $ OFFICEWMEMBER EXCLUDED? (Mandatory in NH) I E L DISEASE-EA EMPLOYEE$ If yes describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT S C Professional Liability W11053100101 10/10/10 10/10/11 $1,000 000 Each Claim/$1,000 000 Agg DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) RE SOUTH 228TH STREET DRAINAGE IMPROVEMENTS BYPASS PROJECT CITY OF KENT IS ADDITIONAL INSURED UNDER GENERAL LIABILITY,COVERAGE IS PRIMARY AND NON-CONTRIBUTORY,AND ADDITIONAL CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn Nancy Yoshttake,Engineering Administration ACCORDANCE WITH THE POLICY PROVISIONS Public Works Department AUTHORIZED REPRESENTATIVE qe220 Fourth Avenue South Kent,WA 98032 .� ©1988-2009 ACORD CORPORATION All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD CID ANC43490 SID 2353903 Additional Remarks Schedule (Continued from Page 1) INSURED UNDER AUTO LIABILITY AS RESPECTS THEIR INTEREST IN THE INSURED OPERATIONS OF THE NAMED INSURED PER THE ATTACHED ENDORSEMENTS DJT Additional Remarks Schedu a-Con't 680-5251LO34-TIA-10 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS b. The"personal Injury"or"advertising Injury"for COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sought arises out of an of- (Section IV), Paragraph 4. (Other Insurance), is fense committed amended as follows subsequent to the signing and execution of that 1. The following Is added to Paragraph a. Primary contract or agreement by you. Insurance: 2. The first Subparagraph (2) of Paragraph b. Ex- However, If you specifically agree In a written con- cess Insurance regarding any other primary In- tract or written agreement that the insurance pro- surance available to you is deleted. vlded to an additional insured under this 3. The following is added to Paragraph b. Excess Coverage Part must apply on a primary basis, or Insurance, as an additional subparagraph under a primary and non-contributory basis, this insur- Subparagraph(1): ance Is primary to other Insurance that is avail- That Is available to the insured when the insured able to such additional Insured which covers such is added as an additional insured under any other additional Insured as a named Insured, and we policy,including any umbrella or excess policy will not share with that other insurance, provided that a. The "bodily injury or "property damage" for which coverage is sought occurs, and CO DO 37 04 05 Copyright 2005 The St Paul Travelers Companies, Inc.All rights reserved. Page 1 of 1 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorse- (d) Costs for extended warranties, Credit Life ment, the provisions of the Coverage Form apply Insurance, Health, Accident or Disability unless modified by the endorsement Insurance purchased with the loan or A. PERSONAL EFFECTS COVERAGE lease, and SECTION III — PHYSICAL DAMAGE COVER- (a) Carry-over balances from previous loans AGE, A. Coverage, 4. Coverage Extensions is or leases amended by adding the following- C. COVERAGE EXTENSION — AUDIO, VISUAL Personal Effects Coverage AND DATA ELECTRONIC EQUIPMENT NOT DESIGNED SOLELY FOR THE PRODUCTION We will pay up to $400 for "loss" to wearing ap- OF SOUND parel and other personal effects which are: SECTION III — PHYSICAL DAMAGE COVER- (1) owned by an "insured", and AGE, B. Exclusions, exception paragraph a. to (2) in or on your covered "auto", exclusions 4.c & 4.d is deleted and replaced with in the event of a total theft "loss" of your covered the following. auto a. Equipment and accessories used with such No deductibles apply to Personal Effects Cover- equipment, except tapes, records or discs, provided such equipment is permanently in- stalled in the covered "auto" at the time of the B. AUTO LOAN LEASE GAP COVERAGE "loss" or is removable from a housing unit SECTION III — PHYSICAL DAMAGE COVER- which is permanently installed in the covered AGE, A. Coverage, 4. Coverage Extensions Is "auto" at the time of the "loss", and such amended by adding the following equipment is designed to be solely operated Auto Loan Lease Gap Coverage for Private by use of the power from the "auto's" electn- Passenger Type Vehicles cal system, in or upon the covered"auto", or In the event of a total "loss"to a covered "auto"of D. WAIVER OF DEDUCTIBLE—GLASS the private passenger type shown In the Schedule SECTION III — PHYSICAL DAMAGE COVER- or Declarations for which Physical Damage Cov- AGE, D. Deductible is amended by adding the erage is provided, we will pay any unpaid amount following due on the lease or loan for such covered "auto" No deductible for a covered "auto" will apply to less the following glass damage if the glass is repaired rather than (1) The amount paid under the Physical Damage replaced. Coverage Section of the policy for that"auto'; E. HIRED AUTO PHYSICAL DAMAGE COVER- and AGE (2) Any- SECTION III — PHYSICAL DAMAGE COVER- (a) Overdue leasefloan payments at the time AGE, A. Coverage, 4. Coverage Extensions is of the "loss", amended by adding the following (b) Financial penalties imposed under a Hired Auto Physical Damage Coverage Exten- lease for excessive use, abnormal wear sion and tear or high mileage, If hired "autos" are covered "autos" for Liability (c) Security deposits not returned by the les- Coverage and this policy also provides Physical sor, I Damage Coverage for an owned "auto", then the CA T4 20 07 06 Includes the copyrighted material of Insurance Services Office, Inc.with its permission. Pagel of 2 Includes the copyrighted material of The St Paul Travelers Companies, Inc COMMERCIAL AUTO Physical Damage Coverage is extended to tent required of you by a written contract axe- "autos"that you hire, rent or borrow subject to the cuted prior to any "accident" or "loss", pro- following vided that the "accident"or"loss" arises out of (1) The most we will pay for"loss"in any one the operations contemplated by such con- "accident" to a hired, rented or borrowed tract The waiver applies only to the person or "auto" is the lesser of organization designated in such contract (a) $50,000, G. BLANKET ADDITIONAL INSURED (b) The actual cash value of the dam- SECTION II— LIABILITY COVERAGE, part A. 1. aged or stolen property as of the time Who Is An Insured, paragraph c. is amended by addingthe following of the loss", or c The cost of repairing or replacing the Any person or organization that you are required ( ) p damaged or stolen property with to include as an additional insured on this Cover- other property of like kind and quality age Form in a written contract or agreement that is signed and executed by you before the "bodily (2) An adjustment for depreciation and injury" or "property damage" occurs and that is in physical condition will be made in deter- effect during the policy period is an "insured" for mining actual cash value in the event of a Liability Coverage, but only for damages to which total "loss". this insurance applies and only to the extent that (3) If a repair or replacement results in better person or organization qualifies as an "Insured" than like kind or quality, we will not pay under the Who Is An Insured provision contained for the amount of betterment in Section II. (4) A deductible equal to the highest Physical H. EMPLOYEE HIRED AUTOS Damage deductible applicable to any SECTION II — LIABILITY COVERAGE, A. Cov- owned covered "auto" erage, 1. Who Is An Insured is amended by add- (5) This Coverage Extension does not apply ing the following to: An "employee" of yours is an "insured" while op- (a) Any"auto"that is hired, rented or bor- erating an "auto" hired or rented under a contract rowed with a driver, or or agreement in that "employee's" name, with (b) Any"auto"that is hired, rented or bor- your permission, while performing duties related rowed from your"employee" to the conduct of your business F. BLANKET WAIVER OF SUBROGATION I. COVERAGE EXTENSION—TRAILERS SECTION IV—BUSINESS AUTO CONDITIONS, SECTION I — COVERED AUTOS, C. Certain A. Loss Conditions, 5. Transfer Of Rights Of Trailers, Mobile Equipment and Temporary Recovery Against Others To Us is deleted and Substitute Autos, paragraph 1. is deleted and replaced by the following replaced by the following: 5. Transfer Of Rights Of Recovery Against 1. "Trailers" with a load capacity of 3,000 Others To Us pounds or less designed primarily for travel We waive any right of recovery we may have on public roads. against any person or organization to the ex- Page 2 of 2 Includes the copyrighted material of Insurance Services Office,Inc with its permission CA T4 20 07 06 Includes the copyrighted material of The St Paul Travelers Companies,Inc COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section III) for this Coverage (Section III: Part. Any person or organization that you agree in a B. The following is added to Paragraph a. of 4. "contract or agreement requiring insurance" to in- Other Insurance in COMMERCIAL GENERAL clude as an additional insured on this Coverage LIABILITY CONDITIONS(Section IV): Part, but only with respect to liability for"bodily in- However, if you specifically agree in a "contract or jury", "property damage" or "personal injury" agreement requiring insurance"that the Insurance caused, In whole or in part, by your acts or omis- provided to an additional insured under this Cov- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf• primary and non-contributory basis,this insurance a. In the performance of your ongoing opera- is primary to other insurance that is available to tions; such additional Insured which covers such addi- b. In connection with premises owned by or tional insured as a named insured, and we will not rented to you;or share with the other insurance, provided that c. in connection with "your work" and included (1) The "bodily Injury" or "property damage" for within the "products-completed operations which coverage is sought occurs; and hazard". (2) The "personal injury" for which coverage is Such person or organization does not qualify as sought arises out of an offense committed, an additional insured for "bodily injury", "property after you have entered into that "contract or "= damage" or "personal injury" for which that per- agreement requiring insurance". But this insur- son or organization has assumed liability in a con- ance still is excess over valid and collectible other "— tract or agreement. insurance, whether primary, excess, contingent or 6= The insurance provided to such additional insured on any ocher basis,that is available to the insured '— is limited as follows: when the insured is an additional Insured under d. This insurance does not apply on any basis to any other insurance any person or organization for which cover- C. The following is added to Paragraph 8. Transfer age as an additional insured specifically Is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part. DITIONS(Section IV): e. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services". payments we make for "bodily injury", "property oL= f. The limits of insurance afforded to the adds- damage" or "personal injury' ansing out of "your ,= tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that "contract or agreement requir- a "contract or agreement requiring insurance"with ing insurance" to provide for that additional that person or organization We waive these insured, or the limits shown in the Declara- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the"contract or agreement requiring insur- less. This endorsement does not increase the ance" with such person or organization entered limits of insurance stated In the LIMITS OF into by you before, and in effect when, the "bodily CG D3 81 09 07 ®2007 The Travelers Companies,Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services office,Inc,with its permission. 006768 COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- erage Part, provided that the "bodily injury" and sonal injury"offense is committed. "property damage" occurs, and the "personal in- D. The following definition is added to DEFINITIONS jury" is caused by an offense committed: (Section V): a. After you have entered into that contract or "Contract or agreement requiring insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to Include a person or in effect, and organization as an additional insured on this Cov- c. Before the end of the policy period. Page 2 Of 2 ®2007 The Travelers Companies, Inc CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office,Inc,with Its permission REQUEST FOR MAYOR'S SIGNATURE s Please Fill in All Applicable Boxes KENT Thisform Waist be printed' on cherry paperK ��ro� Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator Joe Fielding Phone (,Originator) 5518 Date Sent o/le/tf Date Required Return Signed Document to- Nancy Yoshdake CONTRACT TERMINATION DATE: 12/31/11 VENDOR NAME: Anchor QEA, LLC DATE OF COUNCIL APPROVAL: Brief Explanation of Document The attached agreement is for Anchor QEA to provide drainage analysis and design assistance for the S 228th St Drainage Bypass Project For a summary, see the attached prepared by Alex Murillo All Contracts Must Be Routed Through the Law Department (This Area to be Completed By the Law Department) Received: RECEIVED _ Approval of Law Dept.: FEB 2 2 ?��f C I`�tD Law Dept. Comments ' KENT LAW DEPT. Date Forwarded to Mayor- e f to 1,fulrQr Shaded Areas to Be Completed by Administration Staff Received. Recommendations & Comments: -i [/ w Disposition: � C. - Date Returned: Iage5870_templatebase 2/07