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HomeMy WebLinkAboutPW14-302 - Original - KPFF Consulting Engineers - 240th Slope Stabilization - 12/03/2014 �'1€ Records anageme KENT Document W g9HIN6TON T CONTRACT COVER SHEET I 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: KPFF Consulting Engineers Vendor Number: JD Edwards Number Contract Number: latj JL,.- 1.- �)� This is assigned by City Clerk's Office Project Name: 240th St. Slope Stabilization Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/15 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Steve Lincoln Department: Engineering Contract Amount: $19,225.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Provide construction support services for the construction of the soldier pile wall at SE 240 h St. and 146'n PI. SE. As of: 08/27/14 KENT WASHIn'6TVN '... CONSULTANT SERVICES AGREEMENT between the City of Kent and KPFF Consulting Engineers THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and KPFF Consulting Engineers organized under the laws of the State of Washington, located and doing business at 2407 N. 315t Street, Suite 100, Tacoma, WA 98407, Phone: (253) 396-9058/Fax: (253) 396-0162, Contact: Ian Frank (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 services for the soldier pile wall at SE 240th St. and 146th Pl. SE. 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. Consultant shall complete the work described in Section I by December 31, 2015. III. COMPENSATION. I A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Nineteen Thousand, Two Hundred Twenty Five Dollars ($19,225.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. i 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. I 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. For claims arising or alleged to arise from Consultant's professional services only, Consultant's duty to defend and indemnify under this paragraph shall be limited to claims, injuries, damages, losses or suits asserted on the basis of negligence or willful misconduct. 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. CONSULTANT SERVICES AGREEMENT - 3 j (Over$10,000) I i 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 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. i 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. CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) i 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 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. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. 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: r r t' (By: 44�:ffx/�---- BYE (signature) �'' (signature) Print Name: 5 . js 'Prin Name: Suzette Cooke ItsSsvti It Ma or (title) f DATE: DATE:_/o? j/ F NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Ian Frank Timothy J. LaPorte, P.E. KPFF Consulting Engineers City of Kent 2407 N. 31s' St., Suite 100 220 Fourth Avenue South Tacoma, WA 98407 Kent, WA 98032 (253) 396-0150 (telephone) (253) 856-5500 (telephone) (253) 396-0162 (facsimile) (253) 856-6500 (facsimile) CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) APPROVED AS TO FORM: Kent Law Department KPFF-240"Slope/Unroln I i i I i it CONSULTANT SERVICES AGREEMENT - 6 (Over$10,000) i 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: I 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. By: I For: Pe �u r�Jdne Title: t �Gr Date: I i EEO COMPLIANCE DOCUMENTS - 1 j i 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: i 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. I EEO COMPLIANCE DOCUMENTS - 2 i CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the l Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered i into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: III i I i EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A � � Gonsultlu�El7r�/rtears j September 23, 2014 Mr. Mark Madfai, PE City of Kent Public Works Engineering 400 West Gowe St. Kent, WA 98032 Subject: City of Kent Soldier Pile Wall Construction Support Services Scope and Fee Proposal Dear Mark: KPFF is pleased to provide this proposal to The City of Kent (City) for Construction Support Services during construction of the soldier pile wall at SE 240th St. and 146th Pl. SE in Kent, WA, KPFF provided Construction Documents to the City for the soldier pile all as a sub- consultant to GeoEngineers who served as prime consultant to the City. KPFF will provide the included Civil and Structural Scope of Work to the City. SCOPE OF WORK., CONSTRUCTION SUPPORT SERVICES: The following items are included in the Scope of Work for Construction Support Services: • Attendance at meetings, including pre-construction, punch list, and up to (2) miscellaneous site visits. • Review of all Civil and Structural shop drawings and required submittals. • Review of Contractor requests for information (RFI's) on Civil and Structural matters. • Review of select Contractor change order requests. • Review and comment on Contractor-prepared "record drawings." • Miscellaneous correspondence as required to assist the Contractor and/or GeoEngineers. • Review of Special Inspection reports provided by the Owner-contracted Special Inspector, • Revisions as requested by the City to accommodate the survey provided on 7119/14. i ASSUMPTIONS We have made the following assumptions in writing this proposal: 1. All special inspection will be provided by the City. I 2. Construction is anticipated to take approximately 2 months and is scheduled to begin at the end of October. 1201 Pacific Avenue,Suite 800, Facome, WA 98402 (253)396-0180 Fax(253)396-0162 Seattle Tacoma Lacey Portland San Francisco Sacramento Los Angeles Long Beach Irvine San Diego Phoenix St.Louis i Mr. Mark Madfai September 23, 2014 Page 2 ADDITIONAL SERVICES i Additional Services include all services that are not part of the Scope of Work as described above. This includes those services that arise as a result of unforeseen circumstances during the design or construction of the Project and will require an additional fee or adjustment to the schedule. Additional services will be billed on an hourly basis or for a stipulated sum. Typical items considered Additional Services include: 1. Services resulting from changes in scope or magnitude of the Project as described in the Project Understanding and Scope of Work. i 2. Redesign to reduce construction cost where the reason for the excessive cost is outside the central of KPFF. 3. Redesign requested to accommodate particular construction materials, methods, or sequences proposed by Value Engineers, Bidders, or the General Contractor as alternatives to those indicated on the Contract Documents, 4. Redesign requested to accommodate changes to Federal, State, and Local regulations that could not have been reasonably anticipated during design. 5. Services required to assess, mitigate, or repair damage to existing structures or utilities due to construction activities. 6. Services required to accommodate site conditions discovered during construction that could not reasonably have been anticipated at the time this proposal was written. 7. Temporary shoring for site excavation. 8. Services related to a public hearing, arbitration, or legal proceedings in connection with the approval of the project. 9. Services resulting from corrections or revisions required because of deviations from the Contract Documents during construction. 10. Special Inspection and Testing services. 11. Services necessitated by fire or other damage to construction. PEE The precise amount of construction support services required for this project will depend, in part, on how smoothly the construction work progresses, which to some degree, is closely tied to the competency level and experience of the Contractor. Also, the precise number of RFI's and Change Order requests cannot be predicted because they are originated by the Contractor. Therefore, we propose to perform the above Scope of Work on an hourly basis, with a not-to-exceed budget of$18,926. Reimbursable expenses for miscellaneous items such as plans reproduction, travel, and delivery services are separate from our fees and will be billed at cost, without mark-up. We anticipate that the total for reimbursable expenses will not exceed $300. KPFF will notify the City prior to proceeding with expenses above the amounts shown. i Mr. Mark Madfal September 23, 2014 Page 3 j Hourly Construction Support Services $18,925 Reimbursable Expenses 300 Total Fee $19,225 Mark, we look forward to working with you on this project. Thank you and please call me at (2532)396-0150, if you have any questions or need additional information. Sincerely, Ian D. Frank P E. Scott E. Kuebler, P.E., S,E. i Project Engineer Associate IDF:sek 114159.1 i I I i I CONSTRUCTION SUPPORT SERVICES FEE WORKSNEET Pro).No.: 114159 Project Name: Kent Soldier Pilo WalpCSS Client: City ofTacoma Fee estimate prepared by: WMABDF .' Date:W1212014 ESTIMATED HOURS Project Senior senor Tech Prof. Design CAD Principal Manager Engr Specialist Roar Engr. Tech Admin FEE WORK ITEM $190 $165 150 175 $130 $110 $100 $60 Task 1-Structural Engineering and and Construction Su art Services , Meabn s/Slte Viaffa - Prnce?(t(assu e1 2 3W PuncMlsl assume i Field Visits,Contractor Coordination 2 4 $820 Submittal Review Soldier Its wall 4 Tiebacks 4 RFI Res onse 6 Ed$620 Review and Comment on Contractor's"Recent Orawin s" 2 2 Allowance for Mlsc.Coordination wind Contractor Huge ding _ Unanticipated Conditions 2 4 $620 Task2-Civil end and Construction SU art Services Res onse Vann Questions Meei6l stSlllie sits Pro-construction 1 3 _ $450 Punchnst assume 1 6 780 Field Visits Contracor Coordinaton 6 6 $1,680 Submittal Review _ Erosion Control _- _-- i 2 _ 490 ExcavetiondEmbankment 1 A $070 Aggregate 1 4 _ 670 Asphalt Pavement 1 1 2 $410 Storm Drainage i 4 670 Pavement Markings t 2 410 Guardrail _ 1 2 $410 RFI Res onse 2 4 $820 Review and Comment on Contractors"Record Drawin s" 2 2 Ilmo Review of Chan eOrder Requests 2 2 $560 Allowance for Visa Coordination with Contractor Regarding 2 4 $820 Unantralloated Conditions t°�TAsk 27GIV7R81d,a 6'CS 'SUb T.97e1'1 _.r+.:3F' F v ,0�'9.rz .r,.,.0 �, °,�44 .0' .Ot,a "5eqQT f,75�.$ 32 fir^n Design Revisions Par Cf y 1 _ 4 22 12 2 60g5 �s ,_Pe81gn eyisi4AT@?4- TsTai i f.y-=r k.,.. L i I I I i i EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 it 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 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 and a $1,000,000 products-completed operations aggregate limit. i EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions I 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 I Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant, 7 ® DATE(MMIDDtYYYY) AC"£' CERTIFICATE OF LIABILITY INSURANCE 11/21/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NONEACT Jerry Noyola _ Greyling Insurance Brokerage PHONE (770)$52-4225 FAX 1e66}550-4082 III 3780 Mansell Road ���"�AIELss.Jerry.noyola@greyling.com rntc.No Suite 370 INSURERS AFFORDINGCOVERAGE NAIC# Alpharetta GA 30022 INSURER A:Travelers Indemnity Company of 25666 INSURED INSURER B:Travelers Indemnity Company 5658 KPFF, Inc. INSURER c:Travelers Property Casualt 25674 1601 5th Avenue INSURER O:LSO d's of London Suite 1600 INSURER E:Travelers Indemnity Co, of CT 25682 Seattle WA 98101 INSURER F: COVERAGES CERTIFICATE NUMBER:14-15 (Tacoma) REVISIONNUMBER: 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 Ann StIBR POLICY EFF POLICYEXP LIMITS TER TYPE OF INSURANCE POLICY NUMBER MMIDUNYYY MWD0 YY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DA GET RENTED 300,000 X COMMERCIAL GENERAL LIABILITY _PREMISES Ea men ce $ A CLAIMS-MADE X❑OCCUR 680-1263L238 (ADS) 10/10/201410/10/2015 MED EXP(Any one person) $ 10,000 X WA Stop Gap PERSONAL&AOV INJURY $ 1,000,000 E X Contractual Liability 680-1270L580 (CA) SO/10/2014 0/10j2015 GENERAL AGGREGATE $ 2,000,000 GEHL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG £ 2,000,000 POLICY51PRO- Ll LOC $ AUTOMOBILE LIABILITY EaarB.Mden INGL LIMIT S 1 000 000 X ANY AUTO BODILY INJURY(Perperson) $ B ALL OWNED rx SCHEDULED A-1283L587 AUTOS 10/10/201410j10/2015 BODILY INJURY(Peraccltlenl} $ PROPERTY DAMAGE X HIRED AUTOS NO OWWNED Per accident $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 9,000,000 B EXCESS LIAR CLAIMS-MADE AGGREGATE $ 9,000,000 CEO X RETENTIONS 10100 UP-OF630530 10/10/2014 10/10/2015 § C WORKERS COMPENSATION X VJC GTATU- OTH- AND EMPLOYERS'LIABILITY YIN E.L.EACH ACCIDENT $ 1,000,000 ANY PROPRIETORUPARTNERlEXECUTIVE NIA N OFFICERIMEMBER EXCLUDED? B-5836Y216 0/10/201410/10/2015 E.L.DISEASE-EA EMPLOYE $ 11000,000 (Mandatory In Ium If yyes,describe unda, E.L.DISEASE-POLICY LIMIT $ 1,000,000 D[SORIPTIGN OF OPERATIONS below D Professional Liability/ 0146LDUSA1404384 10/10/2014 10/10/2015 PerclaiMAggregate $10,000 000 Pollution Liability SIR $250:000 DESCRIPTION OF OPERATIONS/LOCATIONS VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Re: Soldier Pile Wall Construction Support Services. The City of Kent is named as an Additional Insured with respects to General, Automobile & Umbrella Liability where required by written contract. The above referenced liability policies with the exception of professional liability are primary & non-contributory where required by written contract. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 days' written notice (except 10 days for nonpayment of premium) will be provided to the Certificate Holder named below. 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 ?fancy Yoshitake AUTHORIZED REPRESENTATIVE 400 West Gowe Kent, WA 98032 David Collings/JERKY ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 mMnnst m Th.4r.nP 1 Hama and Innn aro roni<t.r.A mar4c of ACrtRn I COMMERCIAL GENERAL LIABILITY Policy Number: 680-1263L238 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) I This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section 111) for this Coverage (Section 11): 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 omits- provided to an additional insured under this Cov- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf: primary and non-contributory basis,this Insurance a. In the performance of your ongoing opera- is primary to other Insurance that Is available to tions; such additional Insured which covers such addi- b. In connection with promises 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 I. The limits of insurance afforded to the addi- damage" or "personal Injury" arising out of "your tlonai insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that "contract or agreement requir- a"contract or agreement requiring insurance"with ing Insurance" to provide for that additional that person or organization. We waive these insured, or the limits shown in the Declara- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the"contract or agreement requiring insur- less. This endorsement does not Increase the ance" with such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when, the "bodily CG D3 8109 07 rFt 2007 The Travelers Companies,Inc. Page 1 of 2 �I Includes the coovrialr ed material of Insurance Services Office.Ind..with its cermisslon I i COMMERCIAL GENERAL LIABILITY injury' or "property damage" occurs, or the "per- erage Part, provided that the "bodily injury" and sonal injury"offense Is committed. "property damage" occurs, and the "personal in- D. The following definition is added to DEFINITIONS jury" is caused by an offense committed: (Section V): a. After you have entered into that contract or "Contract or agreement requiring insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to include a person or in effect; and organization as an additional insured on this Gov- c. Before the end of the policy period. I I I I Page 2 of 2 ©2007 The Travelers companies,Inc. CG D3 8109 07 Includes the coovriohted material of Insurance Services Office.Inc..with Its nermission COMMERCIAL AUTO Policy Number: BA-1283LS67 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT—INCREASED LIMIT C. EMPLOYEES AS INSURED I. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS — INCREASED J� PERSONAL EFFECTS LIMITS K. AIRBAGS E. TRAILERS —INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT .= A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1., Who Is your business, An Insured, of SECTION II — LIABILITY COV- 2. The following replaces Paragraph b, in B.S., �= ERAGE: / Other Insurance, of SECTION IV — BUSI- Any person or organization who is required under,/ MESS AUTO CONDITIONS: °= a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be cov- °_ executed by you before the "bodily injury" or ered "autos" you own: "property damage" occurs and that is in effect (1) Any covered "auto" you lease, hire, during the policy period, to be named as an add!- rent or borrow; and tional insured is an "insured" for Liability Cover- (2) Any covered "auto" hired or rented by age, but only for damages to which this insurance your "employee" under a contract in °= applies and only to the extent that person or or- that individual "employee's" name, ganization qualifies as an "insured" under the with your permission, while perform- Who Is An Insured provision contained in Section ing duties related to the conduct of It. your business. B. EMPLOYEE HIRED AUTO However, any "auto"that is leased, hired, 1. The following is added to Paragraph A.1., rented or borrowed with a driver is not a Who Is An Insured, of SECTION II — LI- covered "auto". ABILITY COVERAGE: C. EMPLOYEES AS INSURED An "employee" of yours is an "insured" while The following is added to Paragraph A.1.,Who Is operating a covered "auto" hired or rented "em-under a contract or agreement in that ployee's" name, with your permission, while ERAGE: CA T4 20 07 10 02010The Travelers indemnity Company.All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 000879 COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- (3) If a repair or replacement results in better ing a covered "auto" you don't own, hire or borrow than like kind or quality, we will not pay farthe in your business or your personal affairs. amount of betterment. D. SUPPLEMENTARY PAYMENTS — INCREASED (4) A deductible equal to the highest Physical LIMITS Damage deductible applicable to any owned 1. The following replaces Paragraph A.2.a.(2) of covered "auto". SECTION it— LIABILITY COVERAGE: (5) This Coverage Extension does not apply to: (2) Up to $3,000 for cost of bail bonds (in- (a) Any "auto" that is hired, rented or bor- cluding bonds for related traffic law viola- rowed with a driver; or tions) required because of an "accident" (b) Any "auto" that is hired, rented or bor- we cover. We do not have to furnish rowed from your"employee". these bonds. G. PHYSICAL DAMAGE — TRANSPORTATION 2. The following replaces Paragraph A.2.a.(4) of EXPENSES—INCREASED LIMIT SECTION 11—LIABILITY COVERAGE: 4 All reasonable expenses incurred b the The following replaces the first sentence in Para- (4) P Y graph A:4:a., Transportation Expenses, of "insured" at our request, including actual SECTION III — PHYSICAL DAMAGE COVER. loss of earnings up to $500 a day be- AGE: cause of time off from work. We will pay up to $50 per day to a maximum of E. TRAILERS —INCREASED LOAD CAPACITY $1,500 for temporary transportation expense in- The following replaces Paragraph C.I. of SEC- curred by you because of the total theft of a cov- TION I—COVERED 'AUTOS: ered "auto" of the private passenger type, 1. "Trailers" with a load capacity of 3,000 H. AUDIO, VISUAL AND DATA ELECTRONIC pounds or less designed primarily for travel EQUIPMENT—INCREASED LIMIT on public roads. Paragraph C.2.. Limit Of Insurance, of SEC- F. HIRED AUTO PHYSICAL DAMAGE TION III — PHYSICAL DAMAGE COVERAGE is The following is added to Paragraph A.4.,.Cover- deleted. age Extensions, of SECTION III — PHYSICAL I. WAIVER OF DEDUCTIBLE—GLASS DAMAGE COVERAGE: The following is added to Paragraph D., Deducti- Hired Auto Physical Damage Coverage ble, of SECTION III — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Liability COVERAGE: Coverage but not covered "autos' for Physical No deductible for a covered "auto" will apply to Damage Coverage, and this policy also provides glass damage if the glass is repaired rather than Physical Damage Coverage for an owned "auto", replaced. then the Physical Damage Coverage is extended J. PERSONAL EFFECTS to "autos" that you hire, rent or borrow subject to The following is added to Paragraph A.4., Cover- the following: age Extensions, of SECTION III — PHYSICAL (1) The most we will pay for "loss" in any one DAMAGE COVERAGE: "accident" to a hired, rented or borrowed "auto" is the lesser of: Personal Effects Coverage (a) $50,000; We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (b) The actual Dash value of the damaged or (1) Owned by an "insured"; and stolen property as of the time of the "loss"; or (2) In or on your covered "auto". (c) The cost of repairing or replacing the This coverage only applies in the event of a total damaged or stolen property with other theft of your covered "auto". property of like kind and quality. No deductibles apply to Personal Effects cover- (2) An adjustment for depreciation and physical age. condition will be made in determining actual cash value in the event of a total "loss". Page 2 of 3 0201e The Travelers Indemnity Company. All rights reserved. CA T4 20 07 10 ICI Includes copyrighted material of Insurance services Office,Inc.with Its permission. I COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III — PHYSICAL DAMAGE time of the "loss"; COVERAGE: (b) Financial penalties imposed under a Exclusion 3.a, does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered "auto" you own that in- and tear or high mileage; Hate due to a cause other than a cause of "loss" (c) Security deposits not returned by the les- set forth in Paragraphs A.1.b. and A.1.c., but sor; only: (d) Costs for extended warranties, Credit Life a. If that "auto" is a covered "auto" for Compre- Insurance, Health, Accident or Disability hensive Coverage under this policy; Insurance purchased with the loan or b. The airbags are not covered under any war- lease; and ranty; and (e) Carry-over balances from previous loans c. The airbags were not intentionally inflated, or leases. We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATION one "loss". The following replaces Paragraph A.5., Transfer L. AUTO LOAN LEASE GAP Of Rights Of Recovery Against Others To Us, The following is added to Paragraph AA., Cover- of SECTION IV — BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL TIONS: DAMAGE COVERAGE: 5. Transfer Of Rights Of Recovery Against Auto Loan Lease Gap Coverage for Private Others To Us Passenger Type Vehicles We waive any right of recovery we may have In the event of a total "loss"to a covered "auto" of against required person or r you by aga written ion to the ex- contract exe- the private passenger type shown in the Schedule tentcuter prior to any "accident" or "loss", pro- or Declarations for which Physical Damage Cov- cited that the "accident" or"loss"arises our of due o th is provided,the lease or loan for such covered "auto"will pay any unpaid amount the operations contemplated by such con- due l tract.The waiver applies only to the person or less the following: organization designated in such contract. (1) The amount paid under the Physical Damage Coverage Section of the policy for that"auto' o� and o a= o r� o CA T4 20 07 10 Q 2010 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of insurance Services Office,Inc.with its permission. 000880 REQUEST FOR'MAYOR'S SIGNATURE � T Please Fill in All Applicable Boxes ,f iewe b i ector Originator's Name: Steve Lincoln De t/Div. Engineering Extension: 5552 Date Sent: il , Date 'Required: iz�/"o rR Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/15 VENDOR: KPFF Consultin' fn lneers DATE OF COUNCIL: APPROVAL : n/a ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached agreement Is for KPFF Consulting Engineers to provide construction support services for the construction of the soldier pile wall for the 240th St. Slope Stabilization and Pavement Repair project, I All Contracts lust He Routed Through;The Law Department (This area to be completed by the Law Department) Received: Approval of Law Dept.: I If V r I t < ' r le,y.. Law Dept. Comments: 7x Date Forwarded to Mayor. Shaded Areas To Be Completed By Administration Staff Received: ' Recommendations and Comments: Disposition: `iq" { y'._ T c . p,J city} Of V�i�� Date Returned f ,�i