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HomeMy WebLinkAboutPW12-218 - Original - GeoEngineers, Inc. - Horseshoe Bend Secondary Levee Project - 10/12/2012 Records Mandgerne WASH NG tON �r KENT mwwr� 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: GeoEngineers, Inc. Vendor Number: JD Edwards Number Contract Number: Po I �,- oZ 1 This is assigned by City Clerk's Office Project Name: Horseshoe Bend Levee Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: (0- 12- /,04, Contract Effective Date: Date of the Mayor's signatureTermination Date: 8/31/13 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Madfal Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Provide construction observation services for-the project. S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT Wns-,i w pro" CONSULTANT SERVICES AGREEMENT between the City of Kent and GeoEngineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington, located and doing business at 1101 S. Fawcett Ave., Suite 200, Tacoma, WA 98402, Phone: (253) 383-4940/Fax: (253) 383-4923, Contact: Lyle Stone (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 observation services for the Horseshoe Bend Secondary Levees Project. For a.,description, see the Consultant's July 16, 2012 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 August 31, 2013. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Eight Thousand, Seven Hundred Seventy Five Dollars ($28,775.00), plus applicable Washington State,isales tax, for the services described in this Agreement. This is the maximum Elmount 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 B. 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. t 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 shad procure and maintain for the duration of the Agreement, insurance of the types and in the"'amounts described in Exhibit C 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 Gover'hng 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. CONSULT T: CITY OF KENT: By: By: Z, (signature) (signature) Print Name: COW W. A5NA540AJ Print ame: uz tte Cooke Its fwrtd4w Its or tie) /r1/Z-1/� DATE: P�fl'JGLY q„�l�- DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Lyle Stone Timothy ]. LaPorte, P.E. GeoEngineers, Inc. City of Kent 1101 S. Fawcett Ave., Suite 200 220 Fourth Avenue South Tacoma, WA 98402 Kent, WA 98032 (253) 383-4940 (telephone) (253) 856-5500 (telephone) (253) 383-4923 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FO M: l/l�l/V Kent Law Department Ge Engine•Horseshoe Bend 5/Madtai CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) .• A 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 (Ato AhG�' By: / For: GiEDENCalttJGT,�'.S, /NG• Title: Date: 9T � EEO COMPLIANCE DOCUMENTS - 1 tr�13 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 fnew 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 GeoEnaineers. Inc. Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Horseshoe Bend Secondary Levees - Construction Observation that was entered into on the October 12, 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 Lf/ day of t40_60� , 201 . By: For: C ' Title: Date: 2 i`r 11 EEO COMPLIANCE DOCUMENTS - 1 EXHIBIT A SCOPE OF SERVICES CITY OF KENT CONSTRUCTION OBSERVATION SERVICES HORSESHOE BEND EAST AND WEST SECONDARY LEVEES 2012 KENT, WASHINGTON FILE NO. 0410-172-05 INTRODUCTION AND PROJECT UNDERSTANDING This phase of the levee construction will consist of continuing the construction of secondary levees at the east and west river bends on the Horseshoe Bend Levee system Earth berm secondary levees were partially constructed during 2011. This phase of the project will complete these earth berm levees and construct sheet pile floodwalls as part of a complete levee system. The east portion of the project is located between the Horseshoe Acres Pump Station and South 259th Street. The west portion of the project is located South of South 259th Street and west of 8Oth Avenue South. SCOPE OF SERVICE The purpose of our services is to provide construction observation and documentation, on-site construction consultation, and preparation of documents to certify the construction of the levee for the National Flood Insurance Program. We have assumed 25 working days of full-time on site construction monitoring and 10 days of part-time construction monitoring. Our specific scope is as follows: 1. Attend a preconstruction meeting and weekly construction meetings as required and requested. 2. Observe stripping,subgrade preparation and the excavation of the inspection trench. We will record soil conditions and provide recommendations for the overexcavation and removal of unsuitable material as required. 3. Provide our opinion to the suitability of on-site soil for use as levee fill. 4. Observe fill placement and compaction. We will complete nuclear moisture/density tests of the fill as required. 5. Complete laboratory testing of fill materials. We anticipate that our laboratory program will consist of maximum density determinations, particle size analyses and percent fines determinations. 6. Observe and document the installation of below grade sheet piles. 7. Record our on-site observations and recommendations in daily field reports. 8. Prepare a letter at the completion of the project summarizing our observations and providing our opinion of the suitability of the levee to function as designed. 9. Provide additional documentation and on-site consultation as requested. USGWHcn Attachment Exhibit B Fee Estimate Disclaimer Any electronic form,facsimile or hard copy of the original document(email,text table,and/or figure),if provided,and any attachments are only a copy of the original document The or,ginal document is stored by GeoEngineers,Inc and will serve as the official document of record Copyright©2012 by GecEngmeers,Inc All rights reserved File No 0410172-05 July 16,2012 EXHIBIT B FEE ESTIMATE CONSTRUCTION OBSERVATION SERVICES HORSESHOE BEND EAST AND WEST SECONDARY LEVEES 2012 KENT,WASHINGTON Classification Hours x Rate = Cost Principal (Gary Henderson) 4 x $160 00 = $640 00 Project Engineer(Lyle Stone) 30 x $150 00 = $4,500 00 Staff Engineer 2(Various) 30 x $115 00 = $3,450 00 Technician 200 x $80 00 = $16,000 00 Support 20 1 x 1 $65 00 1 $1,300 00 Subtotal Personnel $25,890 00 Other Expenses Vehicle Usage $1,200 00 Laboratory and Testing (4 Maximum Density Determinations, 5 Sieves, 10 Percent Fines) $1,685 00 Subtotal Expenses $2,885 00 Total Estimated Costs $28,775 00 File No 0410-172-05 July 16,2012 GEOENGINEERS EXHIBIT C 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 Liabilit insurance shall be written on ISO occurrence form CG 00 01 a d'shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single it for bodily injury and pr6Rerty damage of $1,000,000 per a accident. ; ,� 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT C (Continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions �g 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 Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the�Oonsultant. ut�C. A` R o�® CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 10/08/20 2 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME Willis of Seattle, Inc. PHONE FAX c/o 26 century Blvd. 877-945-7378 888-467-2378 P. O. Box 305191 E-MA-A DRIL certificates illis.com Nashville, TN 37230-5191 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA. Travelers Property Casualty Company of Am 25674-003 INSURED GeoINSURERS Travelers Property Casualty Company of Am 25674-002 1101aFawcett Inc. 1101 Fawcett Avenue, Suite 200 INSURER Wausau Underwriters Insurance Company 26092-001 Tacoma, WA 98402 INSURER D INSURERE INSURERF COVERAGES CERTIFICATE NUMBER:18725835 REVISION NUMBER* THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE OD' SUB POLICY NUMBER POLICY EFF POLICY EXP ruminniYYYYI LIMITS A GENERAL LIABILITY Y 660533DIS64TIL12 /31/2012 3/31/2013 EACH OCCURRENCE $ 11000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea RENTED $ 100,000 CLAIMS-MADE7X OCCUR MED EXP(Anyoneperson) $ 5,000 PERSONALS ADV INJURY $ 1 000 000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMITAPPLIES PER PRODUCTS-COMP/OPAGG $ 2,000,000 71 POLICY X PIFCT RO LOC $ B AUTOMOBILE LIABILITY Y 810532D8375TIL12 3/31/2012 3/31/2013 (CEOaM11,1,NEED'INGLELIMIT $ 1,000,000 X ANYAUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS HIREDAUT03 NON-OWNED (Per acGdentD $ AUTOS A X UMBRELLALIAB X OCCUR CUP532DB375TIL12 /31/2012 3/31/2013 EACHOCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED I I RETENTION$ IS C WORKERS COMPENSATION WCTZ91451667012 /31/2012 3/31/2013 x AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN NIA EL EACH ACCIDENT $ 1,000,000 OFFICERWEMBER EXCLUDED? Mandatory in NH) EL DISEASE•EA EMPLOYEE $ 1,000,000 lfyes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach Acord 101,Additonal Remarks Schedule,if more apace is required) Re: Horseshoe Bend Secondary Levees, GeoEngineers File #0410-172-05 WA Stop Gap, USL&H and Maritime Employers Liability coverage is included under Workers' Compensation coverage evidenced above. General Liability contains a Severability of Interest CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS City of Kent Engineering AUTHORIZED REPRESENTATIVE Attn: Nancy Yoshitake 400 West Gowe Kent, WA 98032 Coll:3883965 Tpl:1419362 Cert:18725835 ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 661100 LOC#. A��® ADDITIONAL REMARKS SCHEDULE Page 7 of 2 AGENCY NAMED INSURED GeoEngineers, Inc. Willis of Seattle, Inc. 1101 Fawcett Avenue, Suite 200 POLICY NUMBER Tacoma, WA 98402 See First Page CARRIER NAIC CODE see First Page EFFECMEDATE See First Page ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER 25 FORM TITLE CERTIFICATE OF LIABILITY INSURANCE City of Kent is included as an Additional Insured as respects to General Liability and Auto Liability as required by written contract. ACORD 101 (2008/01) Coll:3883965 Tpl:1419362 Cert:18725835 ©2008 ACORD CORPORATION.All rights reserved The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO POLICY NUMBER P-810-532DS375-TIL- 12 ISSUE DATE. 3-31-2012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following' BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM _ With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modi- fied by this endorsement This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form.This endorsement does not alter coverage provided in the Coverage Form SCHEDULE Name of Person(s)or Organization(s): ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED TO INCLUDE AS AN ADDITIONAL INSURED ON THIS COVERAGE FORM IN A WRITTEN CONTRACT OR AGREEMENT THAT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS AND THAT IS IN EFFECT DURING THE POLICY PERIOD ti= (If no entry appears above, information required to complete this endorsement will be shown In the Declarations —_ as applicable to the endorsement) Each person or organization shown in the Schedule is an "insured"for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" undeF the Who Is An Insured Provision contained in Section II of the Coverage Form e= o= o= o� CA 20 48 02 99 Copyright, Insurance Services Office,inc., 1998 Page 1 of 1 001037 COMMERCIAL GENERAL LIABILITY Policy #: 660533DI564TIL12 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 II —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 nod of time for which the "wntten contract re- 'Written contract requiring insurance"to include as quinng insurance" requires you to provide an additional Insured on this Coverage Part, but- such coverage or the end of the policy period, whichever is earner a. Only with respect to liability for"bodily injury", "property damage"or"personal Injury";and 2. The following is added to Paragraph 4.a. of SEC- TION N—COMMERCIAL GENERAL LIABILITY b. If, and only to the extent 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 contrail 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 ditional insured under this Coverage Part must is limited as follows- apply on a primary basis or a pnmary 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- by that"written contract requiring insurance". cess over any valid and collectible "other insur- This endorsement shall not increase the limits ante", whether primary, excess, contingent or on of insurance described in Section [if — Limits any other basis, that is available to the additional Of Insurance insured when that person or organization is an ^� d. This insurance does not apply to the render- ing of or failure to render any "professional 3. The following is added to SECTION fV — COM- servires" or construction management errors MERCIAL GENERAL LIABILITY CONDITIONS: or omissions. Duties Of An Additional Insured e. 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 wntten "written contract requirirg insurance" specifi- notice as soon as practicable of an "occur- cally requires you to provide such coverage rence" or an offense which may result in a for that additional insured, and then the insur_ claim To the extent possible, such notice ante provided to the additional insured ap- should include- CG D4 14 04 08 ®2008 The Travelers Companies,Inc. Page 1 of 2 OD5872 COMMERCIAL GENERAL LIABILITY L 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 ii. 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- iii. The nature and location of any injury or honal insured is primary to that other insur- damage ansing out of the"occurrence" or ance available to the additional insured which offense covers that person or organization as a named insured. b. If a claim is made or"suit" is brought against 4. The following is added to the DEFINITIONS See- the additional insured, the additional insured must lion. I. Immediately record the specifics of the "Written contract requiring insurance" means that daim or"suit"and the date received, and part of any written contract or agreement under which you are required to include a person or or- ii. Notify us as soon as practicable, ganization as an additional insured on this Cover- The additional insured must see to it that we age Part, provided that the "bodily injury" and receive written notice of the claim or "surt" as ^property damage" occurs and the "personal in- soon as practicable. jury" is caused by an offense committed. c. The addrtional insured must immediately 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- ermse comply with all policy conditions c. Before the end of the policy period. d. The additional insured must tender the de- fense and indemnity of any claim or "sun' to Page 2 of 2 ®2Do8 The Travelers Companies,Inc CG D414 04 08 Verify Workers' Comp Premium Status - Employer Liability Certificate Page 1 of 1 Washington State Department of fiSA ,o� Employer Liability Labor and Industries A Certificate x Department of Labor and Industries Employer Liability Certificate Date: 10/09/2012 UBI #: 600 375 010 Legal Business Name: Account#: 429,351-00 'Doing Business As'Name: GEOENGINEERS INC Estimated Workers Reported: Quarter 2 of Year 2012 "Greater than 100 Workers" (See Description Below) Workers' Comp Premium Status: Account is current. Firm has voluntarily reported and paid their premiums. Licensed Contractor? Yes License: GEOENI*110JE Expire Date: 5/9/2013 Account Representative: T2/KATHY WITHERS (360)902-4829(0 - Email: WITE235@lni wa.gov What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation(See RCW 51.12 050 and 51 16.190). https://fortress.wa.gov/lni/crpsi/AcctlnfoPrint.aspx?Accountld=4293 5100&AccountManag... 10/9/2012 Terra Insurance Company (A Risk Retention Group) Two Fifer Avenue, Suite 100 Corte Madera CA 94925 CERTIFICATE OF INSURANCE f flffE ififE4l10"Lp OUf DATE 10/08/12 NAME AND ADDRESS OF INSURED GeoEngineers, Inc. 1101 Fawcett Avenue, Suite 200 Tacoma,WA 98402 This certifies that the"claims made"insurance policy(described below by policy number)written on forms in use by the Company has been issued. This certificate is not a policy or a binder of insurance and is issued as a matter of information only,and confers no rights upon the certificate holder. This certificate does not alter, amend or extend the coverage afforded by this policy. The policy of insurance listed below has 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 policy described herein is subject to all the terms,exclusions and conditions of such policy. Aggregate limits shown may have been reduced by paid claims TYPE OF INSURANCE Professional Liability POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 212019 01/01/12 12/31/12 LIMITS OF LIABILITY $2,000,000 EACH CLAIM $2,000,000 ANNUAL AGGREGATE PROJECT DESCRIPTION Horseshoe Bend Secondary Levees GeoEngineers File No. 0410-172-05 CANCELLATION If the described policy is cancelled by the Company before its expiration date, the Company will mail written notice to the certificate holder thirty (30) days in advance, or ten (10) days in advance for non-payment of premium. If the described policy is cancelled by the insured before its expiration date, the Company will mail written notice to the certificate holder within thirty (30) days of the notice to the Company from the insured. CERTIFICATE HOLDER ISSUING COMPANY: TERRA INSURANCE COMPANY (A Risk Retention Group) City of Kent Engineering Attn Nancy Yoshitake 400 West Gowe w. Kent,WA 98032 President REQUEST FOR MAYOR'S SIGNATURE Please Fill 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 Mark Madfai Phone fOnginatorl 5521 Date Sent Date Required Return Signed Document to Nancy Yoshttake CONTRACT TERMINATION DATE: 8/31/13 VENDOR NAME: GeoEngineers, Inc DATE OF COUNCIL APPROVAL: 8/7/12 Brief Explanation of Document The attached agreement is for GeoEngmeers to provide construction observation services for the Horseshoe Bend Levee Project For a summary, see the attached prepared by Mark Madfai z� 775� RErzC Vira { e k_ ��'✓G L k L SC .v.` v• All Contracts Must Be Routed Through the Law Department (Thrs Area to be Completed By the Law Department) Received. RECEIVEDL� Approval of Law Dept OCT 12 2012 Law Dept Comments t KENO` ,1� DEP�, Date Forwarded to Mayor �� J Shaded Areas to Be Completed by A -ration Staff Received. Recommendations & Comments: ` !—, as Disposition. c1�GLLRII Date Returned: lage5870_templatebase 2/07 Kent City Council Minutes August 7, 2012 M. Desimone and Briscoe Levees Analysis and Certification Contract Amend- ment. (CFN-1318) The Mayor was authorized to sign a consultant services contract amendment with GEI Consultants, Inc. to perform additional analysis and consultation for the Desimone and Briscoe Levees in an amount not to exceed $59,628, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. N. Line Striping Agreement Amendment. (CFN-1162) The Mayor was authorized to sign an interlocal agreement with King County to perform line striping on City roads in an amount not to exceed $110,000, subject to final terms and conditions accept- able to the City Attorney and Public Works Director. 0. 239th Street Water Infrastructure Parts Replacement Agreement. (CFN-1038) The Mayor was authorized to sign a goods & services agreement with H.D. Fowler Company for the purchase of miscellaneous water materials in an amount not to exceed $26,416.12 (including sales tax), subject to the final terms and conditions acceptable to the City Attorney and Public Works Director. P. East Hill Well Water Source Electrical Improvements Design Agreement. (CFN-592) The Mayor was authorized to sign a consultant services agreement with RH2 Engineering, Inc. for the design of electrical improvements to the East Hill Well water source in an amount not to exceed $31,412, subject to final terms and condi- tions acceptable to the City Attorney and Public Works Director. Q. Boeing Levee Construction Support Services Agreement. (CFN-1318) The Mayor was authorized to sign a consultant services agreement with AECOM for structural engineering services during construction of the flood wall for the Boeing Levee Project in an amount not to exceed $9,198.17, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. R. Horseshoe Bend Levee Construction Support Services Agreement with GeoEngineers. (CFN-1318) The Mayor was authorized to sign a consultant services agreement with GeoEngineers for construction support services during construction of the Horseshoe Bend Levee Project in an amount not to exceed $28,775, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. S. Horseshoe Bend Levee Construction Support Services Agreement with AECOM. (CFN-1318) The Mayor was authorized to sign a consultant services agree- ment with AECOM for construction support services during construction of flood walls on the Horseshoe Bend Levee Project in an amount not to exceed $20,338.03, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. T. 256th Street Improvements Appraisal Preparation Agreement. (CFN-1038) The Mayor was authorized to sign a consultant services agreement with Murray & Associates to complete appraisals for portions of property along SE 256t" Street in an amount not to exceed $22,786, subject to final terms and conditions acceptable to the City Attorney and Public Works Director, U. Safeway Fuel Proiect #1294 Bill of Sale. (CFN-484) The Bill of Sale for the Safeway Fuel Project #1294, permit 2074423, for 157 linear feet of frontage improvements was accepted. 3