HomeMy WebLinkAboutPW11-131 - Original - Kennedy/Jenks Consultants - Guiberson Corrosion Control Facilities Construction Support & Design Engineering - 05/18/2011 Records Mana"
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KENO Document
YVASHINGTON
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: Kennedy/Jenks Consultants
Vendor Number:
JD Edwards Number
t��`Contract Number: 1 1- 3
This is assigned by City Clerk's Office
Project Name: Guiberson Corrosion Control Facilities
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: Date of Mayor's signature Termination Date: 12/31/12
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Dave Brock Department: PW Operations
Detail: (i.e. address, location, parcel number, tax id, etc.):
Provide construction support and additional_design_engineering services for the project._
S Public\Records Management\Forms\ContractCover\adcc7832 1 11/08
-.0005'
•
K E N T
WASHINGTDN
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Kennedy/Jenks Consultants
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Kennedy/Jenks Consultants organized under the laws of the State
of Washington, located and doing business at 32001 32"d Avenue S., Suite 100, Federal Way,
WA 98001, Phone: (253) 874-0555/Fax: (253) 952-3435, Contact: Milt Larsen (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 construction support and additional design engineering
services for the Guiberson Corrosion Control Facilities. For a description, see the
Consultant's 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, 2012.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Forty Thousand, Nine Hundred Ninety Dollars ($40,990.00) for the services
described in this Agreement. This is the maximum amount to be paid under this
Agreement for the work described in Section 1 above, and shall not be exceeded
without the prior written authorization of the City in the form of a negotiated and
executed amendment to this agreement. The Consultant agrees that the hourly or
flat rate charged by it for its services contracted for herein shall remain locked at
the negotiated rate(s) for a period of one (1) year from the effective date of this
Agreement. The Consultant's billing rates shall be as delineated in Exhibit A.
CONSULTANT SERVICES AGREEMENT - 1
(Over$10,000)
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
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: 1-1-4 By: -4ze
(stg�na(ur (signature)
Print Name: ect"A Pri N e Suzette Cooke
Its -w tr\c-k P It Ma or
(t�tr )
DATE: /�I f DATE: d /
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Milt Larsen Timothy J. LaPorte, P.E.
Kennedy/Jenks Consultants City of Kent
32001 32nd Avenue S., Suite 100 220 Fourth Avenue South
Federal Way, WA 98001 Kent, WA 98032
(253) 874-0555 (telephone) (253) 856-5500 (telephone)
(253) 952-3435 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Ken Law Department
Kennedy Jenks-Cwroslon Control Fac-Constr/Bock
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. 1
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of A�-j , 20 1 .
By:
For: 1��1 �► ��'P-mot k, `- S
Title• ��I A < < y�
Date:
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of Kennedy/Jenks Consultants Company,
hereby acknowledge and declare that the before-mentioned company was the prime contractor
for the Agreement known as Guiberson Corrosion Control Facilities that was entered into on
the May 18. 2011, between the firm I represent and the City of Kent.
i
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.
i
>ated this col day of ®c�fr , 201 Z.
By:
0�2
For: 6 4 yen C. �oW�
Title: o f P G—
Date:
i
I
T
EEO COMPLIANCE DOCUMENTS - 1
EXHIBIT A
City of Kent
Guiberson Corrosion Control Facilities
Construction Services
Scope of Services
Understanding
The City of Kent (Kent) is awarding a construction contract for Schedules I and III
(Guiberson Corrosion Control Facility and Additional Temporary Erosion and
Sedimentation Control Measures) Schedule II (Guiberson Reservoir Aeration
Improvements) will not be awarded
Kent plans to provide a primary Resident Engineer/Inspector who will be responsible for
preparing inspection reports, obtaining special inspections (such as those required by the
Washington and City Codes), reviewing the Contractor's schedule and a portion of the
Contractor's submittals, responding to some of the Contractor's requests for information
(RFIs), reviewing and processing progress payments and change orders, taking and
distributing construction meeting minutes.
Kennedy/Jenks Consultants will assist the City of Kent during construction of the
Corrosion Control Facilities by providing the following services listed below The budget is
based on a construction contract award in February 2011, a construction duration of 15
months, and funding limitations The level of effort is limited to the authorized budget.
Should effort beyond the budget be required, additional budget must be provided before
work can be performed
Kent agrees that in accordance with generally accepted construction practices, the
construction contractor will be required to assume sole and complete responsibility for
jobsite conditions during the course of the project, including safety of all persons and
property and that this responsibility shall be continuous and not be limited to normal
working hours
Kennedy/Jenks Consultants agrees that where RFI's (Request for Information) or site
visits reveal corrections to be made to the plans, materials or specifications that are the
result of major errors or omissions on the part of Kennedy/Jenks, or one of their sub-
consultants, the City shall not be charged hours for the initial review or for any
subsequent time and materials to review, correct, redesign and/or re-inspect the
corrected materials or construction
Task 1 - Project Management
Consultant Services.
1. Prepare a project memorandum to be issued to Kennedy/Jenks' team members
that describes the project and provides background information for the referenced
1
project, City contacts, outlines the scope of services, summarizes the project
deliverables, indentifies project team members' responsibilities and budgets, and
QC requirements The project memorandum will include a hazard appraisal and
recognition plan for Kennedy/Jenks' staff
2 Prepare and execute subcontracts with the structural, landscape and geotechnical
subconsultants and manage the subconsultant's activities
3 Track project costs and prepare monthly invoices.
4. Coordinate and manage the activities of our staff.
5. Provide QC review of deliverables
Deliverables
1. Monthly invoices.
Task 2 - Submittal Review
Assumptions
1. It is understood that the City staff will review the majority of the Contractor's
submittals and forward submittals to Kennedy/Jenks for review only as needed
2 The budget includes $9,610 for review of substitutions, submittals and
resubmittals. The actual time will be influenced by the quality of the submittals, the
number of resubmittals, number of Contractor proposed substitutions, and the
number of submittals reviewed by City staff
3. The Contractor includes the Submittal and Response Form (Exhibit GC-2 in
Section 01999) with each submittal
Consultant Services
1. Kennedy/Jenks will review shop drawings, product data, samples, and other
submittals required by the construction Contract Documents as requested by the
City We will transmit review comments to the City for distribution to the General
Contractor This review shall be for conformance with the design concepts and
general compliance with the construction contract documents This review is not in
any way an assumption of responsibility for the Contractor's means and methods,
sufficiency of shoring, safety of the job, or compliance with laws and regulations. It
shall not include review of quantities, dimensions, weights or gauges, fabrication
processes, construction methods, coordination with the work of other trades, or
construction safety precautions Kennedy/Jenks will not be responsible for review
of deviations from the contract documents which are not clearly noted by the
Contractor Acceptance of Contractor's sheeting, shoring and dewatenng design
on behalf of the City shall not include a review or approval of the designs
Deliverables
1. Kennedy/Jenks will return one of the two copies submitted by the City with the
Submittal Response Form except for structural submittals Kennedy/Jenks will
2
return one of the three of structural submittal copies submitted by the City with the
Submittal Response Form
Task 3 —Office Support Services
Assumptions
1 It is understood that the City staff will review a portion of the Contractor's RFIs and
forward those needed to Kennedy/Jenks for review
2. The budget includes $12,659 for office services such as preparation of
clarifications and responses to the Contractor's RFIs and providing engineering
advice.
Consultant Services
1. Be available for telephone contact with the City's Resident Engineer to provide
assistance during construction City will be responsible for initiating contact when
assistance is needed
2. Prepare clarifications and interpretations of the plans and specifications including
responses to requests for information when requested to do so by the City
3 Provide engineering advice and consulting services to City staff during the
construction period We will utilize Landau Associates to address concerns over
geotechnical conditions raised during construction
Deliverables
1. Responses to Requests for Information
2 Clarifications
Task 4— Site Visits and Construction Meetings
Assumptions.
1. The budget includes $5,336 for site visits and construction meetings during the
construction period
2. The budget includes $2,884 to assist the City in the preparation of the punch list
and review the construction and associated documentation for completion of the
Washington State Department of Health (WADOH) Construction Completion
Report. The City will provide Kennedy/Jenks inspection reports with digital
installation photos of buried infrastructure, test results, and written confirmation
that submittals approved by the City, the Contractors construction work, and
disinfection and testing not observed by Kennedy/Jenks were substantially
completed in conformance with the construction documents, state regulations,
and/or WADOH approved City of Kent Construction Standards
3. Budget assumes that the City will provide inspection and special inspection
services including geotechrncal inspection.
3
Consultant Services
1. Kennedy/Jenks will attend construction progress meetings with the Construction
Contractor when requested by the City
2. Kennedy/Jenks will observe the progress of construction during periodic site visits
and provide input to City staff where our observations indicate corrective action is
desirable
3. This task includes assisting the City in the preparation of the final punch list of
work items to be completed by the Contractor and providing a Construction
Completion Report to be filed by the City to the WADOH prior to facility start-up
Task 5— Programming
Assumptions
1 The City will be responsible for preparing the facilities PLC program and
documentation Documentation for each rung of logic will explain what the logic
does The budget includes $1,368 for reviewing the City's PLC program
2 City staff will develop the Wonderware SCADA screens
3 City staff will provide radio program logic and configure radio hardware.
Consultant Services
1 Kennedy/Jenks will review the City's PLC program and documentation and provide
comments as appropriate within the budget.
Deliverables
1. Return submittal of the City's PLC program with comments.
Task 6 - Startup Assistance & Training
Assumptions:
1 The budget includes $408 for review of the Contractor's start up and testing plan.
2 The budget assumes that the City will witness equipment startup and testing and
Kennedy/Jenks will not be on site for this activity
3 The budget includes $1,548 for preparation and onsite training.
4 Equipment suppliers will provide detailed training in the operation and
maintenance of their equipment
5 The budget includes $2,704 to provide advice to the City to modify and fine tune
the PLC program during startup
6. The budget does not include post startup assistance, warranty enforcement
assistance, and an 11-month inspection
7 Kennedy/Jenks Consultants will not operate any equipment.
4
a
Consultant Services
1 Kennedy/Jenks will review the facility start up plan and schedule developed by the
contractor for testing and commencing operation of the facilities
2. Operator training services consists of one half day of onsite training of City
employees in corrosion control principals, and a general overview of the operation
of the Corrosion Control Facilities and testing procedures
3. Provide advice to the City to modify the PLC program during startup to tune the
response.
4 Respond to questions from operations personnel during the startup period
Deliverables
1 Written review comments on the Contractor's startup and testing plan.
5
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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,
Fired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01. The City shall be named as an
Additional Insured under the Consultant's Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate.
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant's
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
Client#. 229 J KENNECONS1
ACORD. CERTIFICATE OF LIABILITY INSURANCE 09/30110D
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton 8r Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
:44OL-DER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
'. O Box 12675 ALTEFC,THE COVERAGE AFFORDED BY THE POLICIES BELOW
akland, CA 94604-2675
510 465-3090 David C Eckman "i INSURERS AFFORDING COVERAGE
r
INSURED J INSURER A Zurich American Insurance Co.
Kennedy/Jenks Consultants INSURER B American Automobile Ins. Co
303 Second Street,Suite 300 Sout u tiNszn a Steadfast Ins.Co
San Francisco,CA 94107 INsliREaD
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE MWDD/YY DATE MM/DD/YY
A GENERAL LIABILITY GLO921166605 10101/10 10/01/11 EACH OCCURRENCE $1000000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Anyone fire) $1,000,000
CLAIMS MADE OCCUR MED EXP(Am one person) $5 000
PERSONAL B ADV INJURY $1 000 000
GENERAL AGGREGATE $2 OOO 000
GEN'L AGG REGATE L IM ITAPPL IES PER PRODUCTS -COMP/OPAGG $2000000
POLICY X PRO LOC
JECT
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
ANY AUTO (Ea awdent)
ALL OWNED AUTOS BODILY INJURY
SCHEOULEDAUTOS (Per person) $
HIRED AUTOS BODILY INJURY
NON-0MMEDAUTOS (Per awdenl) $
PROPERTYDAMAGE $
(Per acadenf)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY AGG ,$
EXCESS LIABILITY EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
B WORKERS COMPENSATION AND WZP80985189 10/01/10 10/01/11 X I WC STATU- OTH-
EMPLOYERS'LIABILITY TORY LIMITS
ER
EL EACH ACCIDENT $1,000,000
Stop-Gap Liab. State of EL DISEASE-EA EMPLOYEE $1,000,000
Washin ton EL DISEASE -POLICY LIMIT 1$1,000,000
C OTHER Professional PEC921166305 10101/10 10/01111 $1,000,000 per Claim
Contractors $1,000,000 Annl Aggr.
Pollution Liab.
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
GENERAL LIABILITY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL
SERVICES.
GENERAL LIABILITY ADDITIONAL INSURED: City of Kent.
CERTIFICATE HOLDER ADDITIONAL INSURED,INSURER LETTER CANCELLATION
SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Kent,City of DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL30_DAYSWRITTEN
Attn Engineering Dept. NOTICETOTHE CERTIFICATE HOLDER NAMED TOTH E LEFT,BUTFAILURE TODOSOSHALL
220-4th Avenue South IMPOSE NO OBLIGATION OR LIABILITYOF ANY KIND UPON THE INSURER,ITS AGENTS OR
Kent,WA 98023 REPRESENTATIVES
AUTHORIZED REPRESENTATIVE
ACORD 25-S(7/97)1 of 1 #M274713 DAC 0 ACORD CORPORATION 1988
POLICY NUMBER: GL0921166605 COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organziation(s): Location(s) Of Covered Operations
Kent, City of GENERAL LIABILITY ADDITIONAL
Attn. Engineering Dept. INSURED: City of Kent.
220 — 4th Avenue South
Kent, WA 98023
Information required to complete this Schedule, if not shown above, will be shown in the Declarations
A. Section II -Who Is An Insured is amended to This insurance does not apply to"bodily injury"or
include as an additional insured the person(s) or "property damage" occurring after
organization(s) shown in the Schedule, but only 1. All work, including materials, parts or equip-
with respect to liability for"bodily injury", "property ment furnished in connection with such work,
damage" or"personal and advertising injury" on the project(other than service, mamte-
caused, in whole or in part, by nance or repairs) to be performed by or on
1. Your acts or omissions, or behalf of the additional insured(s)at the loca-
l. The acts or omissions of those acting on your tion of the covered operations has been com-
behalf, pleted, or
in the performance of your ongoing operations for 2. That portion of"your work" out of which the
the additional insured(s)at the location(s) desig- injury or damage arises has been put to its
rated above intended use by any person or organization
B. With respect to the insurance afforded to these other than another contractor or suboontrator
additional insureds, the following additional exclu- engaged in performing operations for a
sions apply principal as a part of the same project
CG 20 10 07 04 Copyright, ISO Properties, Inc, 2004 Page 1 of 1
UNIFORM
CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED FOR INFORMATION PURPOSES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
CERTIFICATE OF LIABILITY INSURANCE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED
DATE 09/30/2010 INSURERS
PRODUCER Marsh Program & Franchise A: Protective Insurance Company
or BROKER a service of Seabury & Smith, Inca
PO Box 14404 W E �I: , _ ,8 ,
Des Moines, IA 50306-9686
INSURED
Kennedy/Jenks Consultants, Inc.
303 2nd St STE 300 South C I T�.
Y
San Francisco, CA 94107 'd °' � di �
THE INSURANCE POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD LISTED
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE OF LIABILITY INSURANCE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES LISTED BELOW IS
SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN
REDUCED BY PAID CLAIMS
COVERAGES
INSURER TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS
LETTER DATE DATE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE
OCCURRENCE
AUTOMOBILE LIABILITY Combined Single Limit $1,000.000
❑ ANY AUTO Bodily Injury per Person
0 ALL OWNED AUTOS LE001009-255154 10/01/2010 10/01/2011
11 SCHEDULED AUTOS Bodily Injury per Ace
[KI HIRED AUTOS
® NON-OWNED AUTOS Property Damage
GARAGE LIABILITY
ANY AUTO
EXCESS LIABILITY
UMBRELLA
OTHER Than UMBRELLA Form
WORKERS COMPENSATION AND
EMPLOYERS'LIABILITY
DESCRIPTION
Policy provides protection for any&all operations/jobs performed by the named insured where required by written contract Certificate holder is an
Additional insured where required by written contract Waiver of Subrogation included where required by written contract Insurance is primary and non-
contributory
ADDITIONAL INSURED City of Kent
GPBR 1XL1
HOLDER CANCELLATION-
SHOULD ANY OF THE ABOVE POLICIES BE CANCELED BEFORE THE EXPIRATION
Kent, City of DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS
Mtn Engineering Dept WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT
9 9 P FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND
220-4th Avenue South
Kent,WA 98023
VENDOR ID 31459 AUTHORIZED REPRESENTATIVE
REQUEST FOR MAYOR'S SIGNATURE
• Please Fill in All Applicable Boxes
KENT WAS NINGTON This form mast be printed on cherry paper
Routing information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator Dave Brock Phone (Originator) 5658
Date Senn 5/11111 Date Required 5/18111
Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/12
VENDOR NAME: Kennedy/Jenks Consultants DATE OF COUNCIL APPROVAL: 4/5/11
Brief Explanation of Document
The attached agreement is for Kennedy/Jenks Consultants to provide construction support and additional design
engineering services for the Guiberson Cornsion Control Facilities Project For a summary, see the attached prepared
by Dave Brock
RECEIVED
All Contracts Must Be Routed Through the Law Department
,r=,+ of Kg;;i
(This Area to be Completed By the Law Department) 0- e of the tvI,ayor
Received RECEIVED
Approval of Law Dept
MAY 12 2011
Law Dept Comments
KENT LAW DEPT.
Date Forwarded to Mayor
Shaded Areas to Be Completed by Administration Staff t % ,r` E' n n
L Ir _
Received:
7
1 !r
Recommendations & Comments --�
C1ryCF tr i
Disposition /9 11
Date Returned:
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