HomeMy WebLinkAboutPW11-121 - Original - GEI Consultants, Inc. - Peer Review for Briscoe-Desimone Levee Project - 03/17/2011 Records Mal-n A Neme+ri
KENT
WAS NINGTON 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: GEI Consultants, Inc.
Vendor Number:
JD Edwards Number
Contract Number: f (� L �—�_ I
This is assigned by City Clerk's Office
Project Name: Briscoe-Desimone Levee
Description: ❑ Interlocal Agreement EJ Chang Order ❑ Amendment ® Contract
❑ Other: 71c�, fj� env
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: Ken Langholz Department: Engineering
Detail: (i.e. address, location, parcel number, tax id, etc.):
Provide peer review services for the project.
S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
KENT
Nn-..MINGT.I
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
GEI Consultants, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and GEI Consultants, Inc. organized under the laws of the State of
California, located and doing business at 180 Grand Ave., Suite 1410, Oakland, CA 94612,
Phone. (510) 350-2908/Fax: (510) 350-2901, Contact Alberto Pujol (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 peer review services for the Briscoe-Desimone Levee
Project. For a description, see the Consultant's February 2, 2011 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
December 31, 2011.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Nineteen Thousand, Three Hundred Forty Two Dollars ($19,342.00) for the
services described in this Agreement. This is the maximum amount to be paid
under this Agreement for the work described in Section I above, and shall not be
exceeded without the prior written authorization of the City in the form of a
negotiated and executed amendment to this agreement The Consultant agrees
that the hourly or flat rate charged by it for its services contracted for herein shall
remain locked at the negotiated rate(s) for a period of one (1) year from the
effective date of this Agreement. The Consultant's billing rates shall be as
delineated in Exhibit A.
CONSULTANT SERVICES AGREEMENT - 1
(Over$10,000)
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's willfully wrongful acts or negligent performance of this
Agreement.
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: LL CITY OF KENT:
By: By:
rgna re) (signature)
Print N me: Pri t Nam uzette Cooke
Its Its Mayor
((title)n,�
DATE: Mpi W11 DATE: 7
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Albert Pujol Timothy 1. LaPorte, P.E
GEI Consultants, Inc. City of Kent
180 Grand Ave., Suite 1410 220 Fourth Avenue South
Oakland, CA 94612 Kent, WA 98032
(510) 350-2908 (telephone) (253) 856-5500 (telephone)
(510) 350-2901 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Ke t Law Department
GEI-Briscoe-Desimone Levee/Langholz
CONSULTANT SERVICES AGREEMENT - 5
(Over$10,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill
the five requirements referenced above.
Dated this da of MG , 20tL.
By:
For: G LON __--i—q1. Tot -
Title: Val- 1 e,�,d
Date: 3hq'A I
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
G E I P11
February 2,2011
(,cnttchnual
� n„na,mrnr.d
Mr.Ken Langholz
LV na,R�mvacti City of Kent
Iir,a„ulr Public Works Department
220 Fourth Avenue South
Kent, WA 98032
RE: Proposal for Peer Review Engineering Services
Green River Levee Certification—Briscoe and Desimone Segments
City, of Kent, Washington
Dear Mr, Langholz;
We are pleased to submit this proposal to provide peer review engineering sere ices for the right bank
of the Green River levee between South 206"'Street and South 182'1'Street,designated as the Briscoe
and Desimone Levees Our proposed scope of work is based on your email dated January 28,2011.
Project Understanding
The City of Kent(City)has initiated an engineering evaluation and certification process for the levee
along the right bank of the Green River,with the overall objective of obtaining Federal Emergency
Management Agency (FEMA)accreditation of the levee in its Flood Insurance Rate Maps(FIRMs)
for the area The City has divided the levee into six reaches and has engaged several consulting firms
to prepare levee evaluation and certification packages. We understand that the City intends to submit
certification packages to FEMA in mid to late June 2011.
The levee reach designated as the Briscoe and Desimone Levees extends from South 200th Street to
South 180`h Street, a length of approximately 2 7 river miles. A portion of the levee is within Tukwila,
Washington,city limits The City of Kent has engaged GeoEngmeers,Inc to evaluate the levee and
prepare a FEMA certification package
Scope of Work
The scope of work for this project involves providing a peer review of the CLOMR and levee
Certification package for the Briscoe-Desimone Scgment being prepared by GeoEngmeers. Our
review will be focused on the completeness of the submittal and overall appropriateness of
procedures,design critei ia,assumptions and basic analysis parameters.
Our proposed scope of work is as follows:
GEI Consultants,Inc
180 Grand Avenue,Suite'410,Oakland,U 94612
510 350 2900 fax 510 350 2900
Mr Ken Langholz 2 February 2,2011
1. Review of Draft FEMA Certification Report: We will review the report and supporting
documents provided to us by the City of Kent. We anticipate the report will include a narrative
and supporting calculations documenting that the levee meets the requirements of44 CFR
65 10 of the NFIP Regulations We expect this will include topographic mapping,freeboard
profiles,embankment seepage and stability analysis,settlement evaluation,erosion protection
evaluation,closure structure evaluations and an interior drainage evaluation. Our technical
review will be limited to assumptions,procedures,results and conclusions. We will not be
providing a detailed check of calculation or models. We will not be conducting our own
independent calculations or models
2.Review of Draft CLOMR Application: We will review the CLOMR MT-2 application
forms and documentation that will be submitted to FEMA. We expect this will include the
report included in Task I above and a completed set of the FEMA MT-2 CLOMR application
forms. We assume this review will be performed concurrently with l'ask t
3.Summary Memorandum: We will prepare a letter memorandum summarizing our review
comments.
4. Review of Final FEMA Certification Report and CLOMR Applications: We will review
the final report and CLOMR application to back check that our review comments have been
addressed, We expect that the comments will have been addressed and that we will issue a one
page memorandum documenting our concurrence.
5.Coordination: We will coordinate with the City of Kent and its consultants as requested by
the City during the review We will participate in meetings with FElvtA as requested. We
assume that all meetings and discussions will occur by teleconference and that no travel will
occur,
Schedule
We expect to complete our review about Ywo weeks after receiving the draft documents. We expect
to complete our final review about two"weeks after receiving the final documents. We understand
that GeoEngineers is just beginning their evaluation of the Briscoe-Desimone Segment and that they
expect to issue a draft FEMA Certification Report and CLOMR Application in mid April 2011. We
anticipate that final documents will be issued in May 2011
Cost Estimate
We will perform the above scope of service on a time and materials basis based on the attached Fee
Schedule and Payment Perms Based on the information known to us,we estimate that the cost of
performing the services outlined above will be approximately$19,342 A breakdown of the estimated
costs is included in the attached table. hivoices will be submitted monthly based on the services
performed as of the end of each billing period.
Mr. Ken Langholz 3 February 2,2011
Task Staff Hours Rate Cost
1. Review of Draft FEMA Senior Project 8 $229 $1,832
Certification Report Manager
(A. Pujol) 30 $172 $5,160
Senior Engineer
J Nickerson
2 Review of Draft CLOMR Senior Project 4 $229 $916
Application Manager
(A. Pujol) 16 $172 $2,752
Senior Engineer
1,Nickerson
3. Summary Memorandum Senior Project 4 $229 $916
Manager
(A Pujol) 16 $172 $2,752
Senior Engineer
J.Nickerson
4. Review of Final FEMA Senior Project 4 $229 $916
Certification Report and Manager
CLOMR Application (A Pujol) 16 $172 $2,752
Senior Engineer
_ J.Nickerson
5. Coordination Senior Project 2 $229 $458
Manager
(A.Pujol) 4 $172 $688
Senior Engineer
J Nickerson
6 Direct Expenses $200
Total. 104 S19,342
Terms and Conditions
Our work will be performed in accordance the'terms and conditions negotiated by the City of Kent
and GEI Consultants,Inc.
We appreciate the opportunity to submit this proposal and look forward to working with you on this
project Please call meat 510-350-2908 or Jim Nickerson at 781-721-4023 with any questions.
Sincerely,
GEL CONSULTANTS,INC.
Pt
Alberto Pujol,P.E
Vice President,Project Manager
Attachments GEL Fee Schedule and Payment Terms
FEE SCHEDULE AND PAYMENT TERMS {/yam r}L��
�...1
FEE SCHEDULE
Hourly Billing Rate
Personnel eategory $per hour
Staff Professional-Grade 1 $ 94
Staff Professional-Grade 2 $104
Project Professional-Grade 3 $114
Project Professional-Grade 4 $127
Senior Professional-Grade 5 $151
Senior Professional-Grade 6 $172
Senior Professional-Grade 7 $204
Senior Consultant-Grade 8 $229
Senior Consultant-Grade 9 $282
Senior Principal-Grade 10 $282
-----------------------------------------------
Senior CADD Drafter and Designer $114
CADD Drafter/Designer and Senior Technician $ 104
Technician,Word Processor,Administrative Staff $ 84
Office Aide $ 67
These rates are billed for both regular acid overtime hours in all categories
Rates wi I increase up to 5%aimudliy,at GEI's option, for all contracts that extend beyond twelve(12)months after
the date of the contract
OTHER PROJECT COSTS 6Z
Subconsultants, Subcontractors and Other Pro ect Expenses -All costs for subconsultants, subcontractors and
other project expensos will be billed at cost plus a /o service charge Examples of such expenses ordinanly charged
to projects are subcontractors, subeom0ants chemical laboratory charges, rented or leased field and laboratory
equipment,outside printing and reprodawon;communications and mailing charges,reproduction expenses,shtpping
costs for samples and equipment,disposal of samples,rental vehicles; fares for travel on public tamers,Special fees
for insurance certificates,permits, licenses, etc, fees for reAordtion of paving or land due to field exploration,etc;
state sales and use taxes and state taxes on GEI fees.
Billing Rates for CADD and Specialized Technical Computer Programs — Computer usage for CADD and
specialized technical programs will be billed at d flat rate of$10 00 per hour in addition to the labor required to operate
the computer
Field and Laboratory Equipment Billing Rates — GF.I-owned field and laboratory equipment such as pumps,
sampling egmpr�ient,momtonng instrumentation, field density equipment, portable gas chromatography,etc will be
billed at a daily,weekly,or monthly rate,as needed for the project.Expendable supplies are billed at a unit rate
Transportation and Subsistence- Automobile expenses for GEI or employee awned curs wit be charged at the rate
per mile set by the internal Revenue Service for tax ourpcses pli-s tolls and parking charges When required for a
project, four-wheel drive whit€cs owned by GEI or the employees will be billed at a daily rate appropriate for those
vehmles Per d.em living costs for personnel on assignment away from their home office will be negotiated for each
project.
PAYMENTTERMS
Invoices will be submitted monthly or upon completion of a specified scope of service,as described in the accom-
panying contract(proposal,project,or agreement document that is signed and dated by GEI and CLIENT)
Payment is due upon receipt of the rivoi�{{c^.lt1rest will accrue at the rate of I%of the invoice amount per month,for 1
amounts that remain unpaid more than 3tTdays after the invoice date. All payments will be made by either check or fl
electronic transfer to the address specified by GEI and will metudc reference to GE['s invoice number
Standard Fee Schedule 2011 Effective January 1,2011
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General
Liability insurance shall be endorsed to provide the Aggregate Per
Project Endorsement ISO form CG 25 03 11 85. The City shall be
named as an insured under the Contractor's Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant's
profession.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1 Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
EXHIBIT B (continued)
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit.
3. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Contractor's
insurance and shall not contribute with it.
2. In the event Notice of Cancellation or Non-Renewal of Insurance is
provided to Consultant by Consultant's insurer, the Consultant is
required to provide 30 days prior written notice by Certified Mail,
return receipt requested to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the contractor and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Contractor's
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
I
EXHIBIT B (continued)
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
�v W CERTIFICATE OF LIABILITY INSURANCE 3/15/2011
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(les)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 thts certificate does not confer rights to the
certificate holder in lieu of such endorsements),
PRODUCER 'TACT Michele Callahan
NAME
Ames and Gough PHONE (617)328-6555 FAAICN (617)32E•6008
859 Willard Street pIAA1L mcallahan®amesgough.com
Suite 320 RODUCER a.00001293
Ouincy MA 02169 INSURERTS AFFORDING COVERAGE NAI00
INSUREII INSURERA:Travelers Casualty and Surety 9038
INsuftERa:Travelerg Property Casualty 5674
GRI Consultants, Inc. INSuREPe.Travelers Insurance Company
180 Grand Avenue INSURER c:Steadfast Insurance CorapEmy 26387
Suite 1410 INSURER E.
Oakland CA 94612-3017 INSURER F.
COVERAGES CERTIFICATE NUMBER:CL1043007373 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED N07VITHSTAK01KG ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN 7HE 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
POLICY EF POLICY EXP
LITR TYPE OF INSURANCE PDLICYRUMBER MMaI D YY LIMITS
GENERAL LIABILITY EACH OCCURRENCE S 1,000,000
DAMAGE TO KEIFT-ED
X COMMERCMLGENERALLIABIL Y PREMISES Fs occH•aroc _ $ 300,000
A GAM$MADE Ex 1 OCCUR 8 P6307457AS38 11/2010 /1/2011 VED EXP(An7 ono son) $ 10,000
PERSONAL&ACV INJURY $ 1,000,00
GENERAL AGGREGATE S 2,000,000
GENL AGGREGATE OAT APPLIES PER: PRODUCTS-COMP/OP AGO $ 2,000,000
POLICY X PRO• Lam, $
JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 11000,000
(Ea axlden0
X AM'AUTO BODILY INJURY(Per pemtm) S
13 ALLOWNEDAUTOS X OLD4927HO47 /l/2010 /l/2011 BODILY INJURY tPar='derA) $
SCHEOULED AUTOS PROPERTY DAMAGE
HIRED A'JTDS (Per ac mol':) $
NDNDYruEDAUTOS Undees UredMOWW $ 1,000,000
Unin&rodm ionatc=bned ;$ 1,000,000
X UMBRELLA LIAO X OCCUR EACH OCCURRENCE $ 2,0001000
EXCESS LIAB CLA0ASh4+DE AGGREGATE $ _ 2,000,000
DEDUCTBLIE $
C RETENTION S X P 4484H486 /1/2010 51112011 $
A YPORKEROCOMPENSATIDN _ NC STAN- OTN•
j AND EMPLOYERS`LIABILIT3 YIN ': X
I ANY PROPRIETORRARTNERIEXECUTNE N
E.LEACHACC:IDENT
I OFFICERWELMER EXCLUD02 / /2010Jl/ �$ lOD0D00
;Mendstoq In NH) SOB 1017A23A10.1n; DISEASE
EIAPLOYE $ 21000,000
If yyes deeaibD under ,
DESGtRIPTION OF OPERATION$bdvF EL DISEASE-POLICY LMIT $ 1,000,000
D Professional Mb PEC902225906 /1/2010 11/2011 PERCLAIM 1,000,604
Contractorts Pollu 7 AGGREGATE 1,000,D00
DESCRIPT10h OF DPERATIONS I LOCATID118 f VEHICLES(Attach ACORD 101,AddAIDnaT Remarks Schedule,If more spate is nqu)rod)
PSojeCt. Briscoe-Des2mone Levee Project
City of Kent is included as Additional Insured regarding General, Auto and Umbrella Liability (al, Form attached). The
insurance shown above (not professional) shall be primary and non-contributory. A Severability of interest provision
shall apply.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Sent ACCORDANCE WITHTHE POLICY PROVISIONS.
Nancy Yoshitaks, Engineering Admin/Public AUTHORIZED 7tEPRESENTATNE
220 Fourth Ave, South
Kent, WA 98032
M Herlihy/BOSTON
ACORD 25(2009109) A 9888-2009 ACORD CORPORATION, All rights reserved.
INS025(2m$Qs) The ACORD name and logo are registered marks of ACORD
CL...MERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED — WRITTEN
CONTRACTS (ARCHITECTS, ENGINEERS AND
SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. The following is added to SECTION 11—WHO IS plies only to such "bodily injury" or"property
AN INSURED: damage"that occurs before the end of the pe-
Any person or organization that you agree in a clod of time for which the "written contract re-
written contract requiring Insurance"to include as quliing insurance" requires you to provide
an additional insured on this Coverage Pan,but, such coverage or the end of the policy perlod,
whichever is earlier.
a. Only with respect to liability for"bodily Injury`, q The followingIs added to Paragraph 4.a.of SEC-
TIONInjury"; IV—COMMERCIAL GENERAL LIABILITY
b. if, and only to the exient that, the Injury or CONDITIONS:
damage Is caused by acts or omissions of you or your subcontractor in the performance The insurance provided to the additional insured
of"your work• to which the "written contract Is excess over any valid and collectible"other in.
requiring Insurance" applies. The person or surance", whether primary, excess, contingent or
organization does not qualify as an additional on any other basis,that is available to the addi-
Insured with respect to the independent acts tional insured for a loss we cover.However,If you
or omissions of such person or organization, ', specifically agree in the"written contract requiring
insurance"that this Insurance provided to the ad-
The insurance provided to such additional insured, ditlonal insured under this Coverage Part must
is limited as follows apply on a primary basis or a primary and non-
c. In the event that the Limits of Insurance of contributory basis, this insurance Is primary to
this Coverage Part shown In the Declarations "other insurance" available to the additional in-
exceed the limits of liability required by the sured which covers that person or organization as
"written contract requiring Insurance", the In- a named insured for such loss, and we will not
surance provided to the additional insured share with that "other insurance". But this insur-
shall be limited to the limits of liability required ante provided to the additional insured still is ex- I
by that "written contract requiring Insurancel'. Cass over any valid and collectible "other inuu-
This endorsement shall not increase the limits ante",whether primary, excess, contingent or on it
of insurance described In Section Ill —,Limits any other basis,that is available to the additional
Ofinsurance insured when that person or organization is an
d. This insurance does not apply to,the render- additional Insured under any"other insurance". j
ing of or failure to render any rprofessional 3. The following Is added to SECTION IV— COM-
services" or construction management errors MERCIAL GENERAL LIABILITY CONDITIONS:
or omissions. Duties Of An Additional Insured
s. This insurance does not apply to "bodily In- As a condition of coverage provided to the addi-
jury" or "property damage" caused by "your tional insured:
work" and Included In the "products.
completed operations hazard unless the a. The additional Insured must give us written
notice as soon as practicable of an "occur=
written contract requiring insurance specifi- P
tally requires you to provide such coverage rence" or an offense which may result In a
for that additional Insured, and then the insvr--, ,* claim. To the extent possible, such notice I
ante provided to the additional Insured ap,, should include: j
a ;
CG D414 04 00 0 20W The Travelers Companies,rna Page 1 of 2
COMMERCIAL GENERAL L"..sTY
i, How, when and where the °occurrence" any provider of other insurance which would
or offense took place; cover the additional insured for a loss we
1L The names and addresses of any injured cover. However, this condition does not affect
persons and witnesses;and whether this insurance provided to the addi-
Iit. The nature and location of any Injury or tional insured is primary to that other insur-
damage arising out of the"occurrence"or anGe covers thabl to the person additioorgnal
Insured
n ahich
offense,
s a
b. if a claim is made or°suit"is brought against named insured.
the additional insured, the additional invited 4. The following is added to the DEFINITIONS Soo-
must: tion'
1. Immediately record the specifics of the ZWritten contract requiring insurance"means that
claim or"suit"and the date received;`and part of any written contract or agreement under
or-
III. Notify us as soon as practicable. which you are required to Include a person or or-
ganization as an additional Insured on this Cover-
The additionaf Insured must see to It that we age Part, provided that the "bodily Injury" and
receive written notice of the claim or"suit"as "property damage" occurs and the "personal in-
soon as practicable, jury"is caused by an offense committed:
c. The additional Insured must linmediately send a. After the signing and execution of the contract
us copies of all legal papers received in con- or agreement by you;
nection with the claim or"suit",cooperate with b, While that part of the contract or agreement Is
us in the investigation or settlement of the in effect; and
claim or defense against the "suit", and oth-
erwise comply with all poiloy conditions. c. Before the end of the policy period.
d. The additional insured must tender the.de-
fense and indemnity of any claim or"suit'to
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Page 2 of 2 Q 2WB The Travete;s Compantes,Ina. CG 04 44 04 08
oocesa
REQUEST FOR MAYOR'S SIGNATURE
• Please FIII in All Applicable Boxes
KENT This form must be printed on cherry paper
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator- Ken Langholz Phone (Originator) 5516
Date Sent 3/15/1/ Date Required.
Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/11
VENDOR NAME: GEI Consultants, Inc DATE OF COUNCIL APPROVAL: 2115/11
Brief Explanation of Document.
The attached agreement is for GEI Consultants to provide peer review services for the Briscoe/Desimone Levee
Project For a summary, see the attached prepared by Ken Langholz
All Contracts Must Be Routed Through the,Law Department
(This Area to be Completed By the Law Department 1, s,
Received-
Approval ' t" LC
Approval of Law Dept ECEN ) l�J �lj +u q( ' C)
Law Dept Comments: MAR 15 h � FI
� E#
' t
NT LAW DEPTo /
KE L
Date Forwarded to Mayor
P rrtr
Shaded Areas to Be Completed by Administration Staff
Received: '
t, 77 ra
i r
Recommendations & Comments:
Disposition. /'IAf 3e lktwe�,� U L1 owill
Date Returned: CITYCtc t(
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