HomeMy WebLinkAboutPW12-148 - Original - Anchor QEA, LLC - 64th Ave S Channel Improvements Construction Assistance - 07/13/2012 T Records Managerne3nt*^�
KEN
WA3,0,04 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: Hko 1 a,—
This is assigned by City Clerk's Office
Project Name: 641h Ave. S. Channel Improvements
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: 7/13/12 Termination Date: 12/31/12
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Alex Murillo Department: Engineering
Detail: (i.e. address, location, parcel number, tax id, etc.):
Provide construction assistance for the project.
5 Public\Records Management\Forms\ContractCover\adcc7832 1 11108
�•� KENT
W w S H I N C ![)N
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 720 Olive Way, Suite 1900, Seattle, WA 98101,
Phone: (206) 287-9130/Fax: (206) 287-9131, Contact: Bob Montgomery (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 assistance for the 64th Ave. S. Channel
Improvements Project. 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 Seven Thousand, Nine Hundred Dollars ($7,900.00), plus applicable
Washington State sales tax, 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
(Under$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 SERVICE AGREEMENT - 2
S
(Under$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 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
n f damages to property caused by or resulting from the concurrent negligence o the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultants 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
(Under$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
(Under$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: �dvJ B
Y:
(-,nature) -.,nature)
Print Name: 5dvti Print Name: Timothy J. LaPorte, P.E.
Its: Its: P b7201
orks Director
7A f i (title) l3DATE: DATE: �
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Bob Montgomery Timothy J. LaPorte, P.E.
Anchor QEA, LLC City of Kent
720 Olive Way, Suite 1900 220 Fourth Avenue South
Seattle, WA 98101 Kent, WA 98032
(206) 287-9130 (telephone) (253) 856-5500 (telephone)
206 287-9131 facsimile (253) 856-6500 (facsimile)
Anchor QEA-WIMunllo
CONSULTANT SERVICES AGREEMENT - 5
(Under$10,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
`f�
Dated this day of J� , 20
By:
For: All, f LL
Title: let."h't"",—
Date: -7/5/) Z
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 Anchor OEA, LLC Company, hereby
acknowledge and declare that the before-mentioned company was the prime contractor for the
Agreement known as 64th Ave. S. Channel Improvements that was entered into on the July
13, 2012, 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 Z day of ��Z^�N� � , 201 3 .
By;
For:
Title: r Ltr
Date: i �7✓�20�
EEO COMPLIANCE DOCUMENTS - 1
�C ANCHOR
1�► OE A
3304 Rosedale Strrot
Sul(,200
Gig Hai boi,Washington 98335
Phone 253 858 5552
r
EXHIBIT A—SCOPE OF WORK
City of Kent 64`h Avenue South Channel Maintenance and Culvert Replacement
Project— Limited Services During Construction Assistance
INTRODUCTION AND UNDERSTANDING
This Scope of Work outlines requested Services During Construction (SDQ assistance to be
provided to the City of Kent (City) Public Works Department (Client)by Anchor QEA, LLC
(Consultant) for the 6411,Avenue South Channel Maintenance and Culvert Replacement
Project (Project). Those services will support the City's construction management team for `
their selected Contractor's installation of two new culvert crossings and other associated
maintenance improvements along the 64'1 Avenue South drainage channel, downstream
from the previously-installed South 228th Street stormwater bypass pipeline. The
Consultant will coordinate with the City in completing these services within the established
budget and within a mutually-agreeable schedule under 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, but not for Contractor implementation actions and
effects based on this guidance.
SCOPE OF WORK
Task 1 —Hydrologic Analysis to Develop Flow-Duration Exceedance Values for
Construction Phase Risk Assessment of Contractor Flow Diversion Proposals
The Consultant will conduct supplemental hydrologic analysis of the 641h Avenue tributary
drainage channel and as an extension of peak flow modeling analyses previously completed
by the Consultant for the Project to the extent defined by the following:
Analysis of tributary watershed areas at up to three locations based on existing
continuous simulation hydrologic models (using MGSFlood)to define mean-daily
flow statistics based on the applicable time series precipitation record.
www anchorgea.com
i
Scope of Work—City of Kent
64"Avenue South Channel Maintenance and Culvert Improvement Project
Limited Services During Construction Assistance
• Post-processing analysis (using Excel)of the mean daily flow data at the selected
locations to generate monthly flow-duration statistics (expected flow values at various
flow exceedance levels)
Consultant will evaluate results of the supplemental hydrologic analysis,will document and
interpret those finding, and will advise the City's construction management team on
potential risks associated with Contractor-proposed flow diversions (i.e„ sizing and overflow
potential through the work area),including possible off-site flooding risks that can be readily
identified without further hydraulic analysis. A brief memorandum will be prepared to
summarize the findings of this task(single version assumed). Requested meetings will be
conducted under Task 3 services.
i
Task 2-Requested Construction Submittals Review and Response Inputs to City
The Consultant will review and help respond to up to three collective Contractor submittals
regarding the City's Contract Documents. It is anticipated that these responses will typically
be related to the hydrologic and hydraulic design of the project to clarify the design criteria
and/or intent, or to assess proposed Contractor-proposed flow management actions during
construction. The Consultant will prepare a single response e-mail or memorandum to
accompany each response. Submittal responses may include some limited drawing markups.
These responses will be in the form of advisory input to the City construction management
team's formal response action to the Contractor, The required cumulative response time is
assumed to be limited to 8 hours per submittal; any requested time in excess of that level will
be considered as additional services beyond the scope of work.
Task 3-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 as follows:
• Coordinating with the City's construction management team and Consultant's
internal protect team for successful execution of requested services
• Conducting quality assurance/quality control review of primary deliverable products
• Preparing for and attending one short-duration meeting(assumes 1 staff)with City
staff to facilitate discussion of analyses or submittal review findings for coordinated
construction management response actions by the City
Page 2
Scope of Work—City of Kent
641"Avenue South Channel Maintenance and Culvert Improvement Project
Limited Services During Constructlon Assistance
• Preparing monthly invoice progress reports
DELIVERABLE WORK PRODUCTS
The deliverable work products within the Scope of Work include:
• Task 1 —Technical memorandum(3 to 4 pages assumed,MS Word and PDF format)
to summarize the methods, assumptions, and findings of the supplemental hydrologic
analysis
• Task 2—E-mail summaries or brief memoranda(only if needed)to provide guidance
for City response to Contractor submittals
• Tasks 3 -E-mail summaries of meeting discussion items and decisions;monthly
Project status updates to accompany invoicing
KEY ASSUMPTIONS
The key assumptions for this Scope of Work and Deliverables include:
• The City will lead construction management services, and Anchor QEA's role will be
providing supporting SDC services for hydrologic analysis and assessment of potential
hydraulic effects of Contractor-proposed actions to the extent defined by the Scope of
Work and Deliverables documented above.
• No new hydrologic models development for the 641h Avenue South drainage channel
tributary drainage area will be required;the Consultant will use the hydrologic
models previously developed to conduct the supplemental hydrologic analyses
indentified in the Scope of Work.
• No additional hydraulic modeling analyses of the 64t"Avenue South drainage channel
and bypass system or existing/new culverts will be needed,
• Any construction change design adjustments required to the Contract documents will
be prepared by the City.
• All survey and mapping data needed to assess Contractor-proposed flow management
proposals during construction will be provided by the City.
• No construction site visits will be required outside of potential meetings scheduled at
the project site.
• All deliverables will be prepared once in final form without the need for formal City
review and Consultant response.
�.�.._.,...�.v...._..�. Page 3 ..s,.__._.
Scope of Work—Cltyof Kent
60 Avenue South Channel Maintenance and Culvert Improvement Project
Limited Services During Construction Assistance
FEE ESTIMATE AND AUTHORIZATION
The fee estimate is based on labor and expense estimated costs as shown in Table 1 to
successfully complete the Scope of Work. Invoicing will be based on a time and
reimbursable expense basis in accordance with the Consultant's 2012 billing rate schedule
(Attachment A). A 10 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 tins Scope of Work is
$7,900. The Consultant understands that Scope of Work tasks will be authorized by a
Professional Services Agreement (PSA)under mutually agreed-upon terms.
Table 1- Fee Estimate
64th Avenue South Channel Maintenance and Culvert Replacement Project
Limited Services During Construction Assistance
Estimated Hours by Professional Service Category
Scope of Work Total
Task Senior Estimated
Managing Senior Project Total
Principal Managing Costs
Engineer Scientist Assistant Hours
Engineer
Task 1 2 12 2 16 1 $2,340
Task 2 6 9 6 3 24 $3,750
Task 3 1 6 2 1 10 $1,700
Subtotals 1 14 9 20 6 50 $7,790
Expenses $110
Total NTE Cost $7,900
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 could extend through December 2012 to allow completion of
Project construction. However,it is expected that the scope of work would be completed by
October 2012 (or sooner).
List of Attachments
Attachment A—Anchor QEA,UC—2012 Billing Rates
Page 4 ....�
I
Anchor QEA, L.L.C.
2012 BILLING RATES
Professional Level Hourly Rates
Principal CMi/Engineer/LAZ/Planner/Scientist.........................................................................$205
Senior Managing Ana lyst/CM/F,'ngmeer/LA/PI anner/Scientist.................................................$185
Managing Analyst/CM,iEngmeer(LA/Planner/Scientist...................................................-- , ..$l65
Senior Analyst/CM/Engineer/LA/Planner/'Scientist ............... ................................. ...... . . . $150
Staff 3 Analyst/CM/Engineer/LA/Planner/Scientist..................................................................$130
Staff 2 Ana]yst/CM/Engmeer/LA/Planner/Scientist................................................................. $120
Staff 1 Analyst/CM/Engineer/LA/Planner/Scientist.. ........................ ......................................$105
Technician. . ..............................................................................................................................$85
SeniorCAD'Designer....................................................................................... .......................$110
CADDesigner ........ . ......... ......................... .. ... ............................................................... .$95
TechnicalEditor...........................................................................................................................$95
Project Coordinator/Assistant ...................................................................................................$85
Special Hourly Rates
Nationalexpert consultant..........................................................................................................$350
All work by a testifying expert........................................................1.5 times professional level rate
EXPENSE BILLING RATES
Expense Rates
Computer Modeling r hour . $10.00
Graphic Plots(varies with plot size).................................................................................. . $3-6/sf
Mileage(per mile)........ . ........................ . .. ................................ ...... Current Federal Standard
FEE ON LABOR AND EXPENSE CHARGES
Subcontracts/subconsultants .... ...... ... ............................ ...................... , 10%
Travel and other direct costs ......... .... I.,.....................I ....... ..........I...I....... .... ........ . ... 10%
Fieldequipment&supplies........................................................................................................ 10%
This is a company confidential document.
t CM=Construction Manager
LA=Landscape Architect
CAD=Computer Aided Design
i
'e
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01. The City shall be named as an
Additional Insured under the Consultant's Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
S. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate.
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant's
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
I l ® MC43490 DATE(MM/DDIYYYY)
ACORO CERTIFICATE OF LIABILITY INSURANCE 7/11/2012
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 this certificate does not confer rights t0 the
certificate holder in lieu of such endorsement(s)
PRODUCER CONTACT
NAME
Commercial Lines-(206)892-9200 PHONE I FAX
ac No
Wells Fargo Insurance Services USA,Inc -CA Lic# OD08408 ADDRESS
601 Union Street,Suite 1300 INSUREII AFFORDING COVERAGE NAILO
Seattle,WA 98101-1371 INSURER Travelers Indemnity Co cf Connecticut 25682
INSURED INSURER B Phoenix Insurance Company 25623
Anchor QEA,LLC INSURER C Travelers Casualty and Surety Company 19038
720 Olive Way,Suite 1900 INSURER D
INSURER E
Seattle,WA 98101 I INSURER F
COVERAGES CERTIFICATE NUMBER 4615479 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 OTFER 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 DDL POLICY EXP
TYPE OF INSURANCE HISS
SUB POLICY NUMBER PMIOCDYYVYY MMIDOIYYYY LIMITS
LTR
MAGE TO Rii
A GENERAL LIABILITY 680.5251 L034-TA-11 10/10/11 10/10/12 EACH OCCURRENCE $ 1,00D,000
X COMMERCIAL GENERAL LIABILITY PRE I a rtn $ 1,000000
CLAIMS-MADE LX,OCCUR MED EXP(Any oneperson) S 5000
PERSONAL&ADV INJURY $ 1,000,D00
X Employers Liability GENERAL AGGREGATE $ 2.000,300
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPICP AGG $ 2,000,000
X POLICY PROJECT_ LOC $
B AUTOMOBILE LIABILITY BA-5398LB92-11-GRP 10110/11 10/10/12 fEOMBINdeOn51NGLELIM11 1,000000
X ANY AUTO BODILY INJURY(Par person) $
ALL OWNED SCHEDULED BODILY INJURY NJURY(Per emident) $
AUTOS AUTOS
X HIREDAUTOS r
NON-OWNED PROPERTY DAMAGE $
AUTOS (Per accident)
E
UMBRELLA LIAR OCCUR EACH OCCURRENCE $
EXCESS LIAe 1CLAIMS-MADE AGGREGATE $
DEC) RETENTION $
WORKERS COMPENSATION X WC STATU- OTH
C AND EMPLOYERS LIABILITY YIN XACRUB-7364Y09-3-11 10110/11 10/10/12
ANY PROPRIETOILPARTNER/EXECUTIVE E L EACH ACCIDENT S 1,000,000
OFFICE R'MEMBER EXCLUDED'+ ❑ NIA Incl USL&H
(Mandatory in NH) E L DISEASE-EA EMPLOYE $ 1,D00,000
If yes,descnbe under except in WA State
DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS f VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If mom space Is mquired)
RE 64th Avenue South Channel Maintenance and Culvert Replacement Project Certificate Holder is an additional insured under general liability when
required by written contract regarding their interest in the operations of the named insured
CERTIFICATE HOLDER CANCELLATION
City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
400 West GOWe THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS
Kent,WA 98032
AUTHORIZED REPRESENTATIVE
The ACORD name and logo are registered marks of ACORD m 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010105)
Im,c wnsuw,er:lawa soma W 4102R7 uwsd on 701
Policy No. 680-5251LO34-TIA-11 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 1S AN INSURED INSURANCE (Section 111)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
dons, 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
The insurance provided to such additional insured on any other 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
f. The limits of insurance afforded to the addi- 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 requrr- 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 8109 07 ®2W7 The Travelers Companies,Iro Page 1 of 2
Includes the copyrighted material of Insurance Services Offlce,Inc.,with its permisalon.
own
COMMERICAL GENERAL LIABILITY
Injury" or"property damage"occurs, or the "per- erage Part, provided that the "bodily injury" and
sonal injury"offense is commuted "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 02007 The Travelers Companies,Inc CG D3 8109 07
Includes the eopyrigmed material of Insurance Services Office,Inc,with its permission.