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HomeMy WebLinkAboutPW15-249 - Original - GeoEngineers, Inc. - East Valley Highway Metro Sewer Repair - 07/21/2015 i ® Records l�la a e ent SENT Document x W P9XIMG10N 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: GeoEngineers Inc. Vendor Number: JD Edwards Number Contract Number: 6 `uJ This is assigned by City Clerk's Office i Project Name: East Valley Highway Metro Sewer Repair 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: Ken Langholz Department: Engineering Contract Amount: $34,575.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Provide geotechnical services for the project. As of: 08/27/14 KE O T 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 geotechnical services for the East Valley Highway Metro Sewer Repair project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2015. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirty Four Thousand, Five Hundred Seventy Five Dollars ($34,575.00), 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 B-1, 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: CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) 1 A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E, The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment 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. CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) 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 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 Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. 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 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 in the performance of the contract work and shall utilize all protection necessary for that purpose and shall cause any subcontractors hired by Consultant to be responsible for the safety of its employees and agents. 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. CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees Incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or 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. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. 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. K. Counterparts__and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: r (signature) E (signature) Print Name: 6 � � ��' �� -) Print Name uzette Cooke Its f � c d €° Its L _ Mayor (title)1, — DATE: ( DATE: ff NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Lyle Stone Timothy J. 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) APPRD AS T RM: "��O fr/` r Kent Law Department GeoEngineers-CVH Metro Se11er Repair/la gh.], CONSULTANT SERVICES AGREEMENT 5 (Over$20,000) 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: 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. g p d p For Title: g Date: `o`fiff ' e r EEO COMPLIANCE DOCUMENTS - 1 f CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or, part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. II 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 Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. i By: For: — Title: Date: EEO COMPLIANCE DOCUMENTS - 3 I EXHIBIT A GEOENGINEERS, INC. EAST VALLEY HIGHWAY SEWER REPLACEMENT EAST VALLEY HIGHWAY,SOUTH 222ND STREET TO SOUTH 220TH STREET KENT,WASHINGTON JULY 1, 2015 FILE NO. 0410-151.03 INTRODUCTION The purpose of this project is to replace a portion of an existing sanitary sewer beneath East Valley Highway. The existing sewer line is located below the southbound right lane at a depth of about 20 to 25 feet. The replacement is needed because the existing pipe is cracked and allows soil to enter the pipe, which may be creating voids in the surrounding soil backfill and causing the roadway surface to settle. The extent of the replacement has not yet been finalized, but may extend a total length of about 420 feet.The purpose of our services will be to conduct subsurface explorations as a basis for developing geotechnical design recommendations for sewer replacement and general recommendations and design parameters for contractor designed shoring and dewatering systems. SCOPE OF SERVICES Our specific geotechnical scope of services for the project includes: 1. Review existing subsurface information from our in-house reports. We will review explorations performed on East Valley Highway as part of a prior pavement and roadway improvement project. 2: Explore subsurface soil and groundwater conditions.Our subsurface exploration program will include: • Conducting a site visit prior to subsurface explorations to coordinate exploration locations and site safety issues. ® Coordinating the clearance and location of existing underground public utilities in the project area. We will contact the Washington Utilities Coordinating Council "One Call"service prior to beginning explorations. We request that City of Kent personnel confirm that exploration locations are clear from potential damage to City-owned underground utilities. ® Retaining and coordinating traffic control services to provide lane or shoulder closures as necessary. Our sub-contracted traffic control services will develop and implement a traffic control plan. We understand road use permits and other site access coordination for explorations will be provided as necessary by the City of Kent. G Advancing up to three subsurface explorations to depths of 30 to 40 feet adjacent to the proposed sewer, alignment. The depth of our explorations will be adjusted in the field based on the encountered conditions.We will complete the explorations as groundwater piezometers and install electronic data loggers in the wells. City of Kant July 1,2015 Page 2 m Perform slug tests in the installed piezometers. The purpose of the slug tests is to measure the hydraulic conductivity of the soil surroundingthe piezometers. Is Measure and record groundwater levels. We will measure groundwater levels when we install the data loggers and when we perform the slug tests. We will also measure groundwater levels and retrieve the data loggers prior to soliciting bids for the project so that more lap-to-date information is available to contractors. Ea Implement a soil laboratory analysis program. We anticipate our laboratory analysis program will consist of grain size and moisture content determinations. 3. Provide a discussion of observed subsurface conditions. 4. Develop geotechnical recommendations for the design of the sewer replacement. We will address subgrade preparation,pipe bedding and backfill requirements. 5. Develop recommendations for contractor designed shoring and dewatering systems. We will discuss shoring and dewatering methods we consider to be appropriate for the site. We will also provide soil parameters for preliminary design and budgeting of temporary shoring systems. 6. Provide order of magnitude estimates of dewatering volumes. We will provide estimates for the drawdown area of influence and discuss the potential for drawdown-induced settlement. We understand this will be used for developing a settlement monitoring program for adjacent structures. 7. Prepare a design report presenting the findings and conclusions of our study. i 8. Review and recommend modifications, as appropriate, to shoring and dewatering specifications. We understand that shoring and dewatering specifications will be based on the Washington State Department of Transportation(WSDOT)Standard Specifications as modified by City of Kent. 9. Prepare a report addendum presenting the results of the second round of groundwater monitoring. US:GHS:tt Attachment: Exhl bit B.Fee Estimate Disclaimer:Any electafr ich rm,facsimile or hard copyof the original document(emall,text,table,and/orfigure),If provided,and any allachment"re onlya copy of the original document The original document Is stored by GeoEnglaeers,Inc.and will serve as the official document of record. Copyright©2015 by GeeEnglneefs,life.All rights reserved. GEOENGINEER me No.0110-151-03 I EXHIBIT B-1 FEE ESTIMATE ary OF PENT GEOTECHNICAL ENGINEERING SERVICES EAST VALLEY HIGHWAYSEWER REPLACEMENT EAST VALLEY HIGHWAY,SOUTH 222ND STREET TO SOUTH 220TH STREET '.. KENT,WASHINGTON FILE NO.0410-151-03 Personnel Hours x Rate = Cost Principal(Garry Squires) 8 x $234 $1,872 Senior Engineer 2(Lyle Stone) 24 x $200 = $4,800 Staff 3 Scientist(Li Wang) 24 x $137 $3,298 Staff l Engineer(Stuart'I'hlelmann) 60 x $109 = $6,540 CAD Designer 4 x $105 $420 Support 8 x $82 = $656 Subtotal Personnel Cost(direct costs) $17,576 Other Expenses Subcontracted Subsurface Explorations $10,394 Subcontracted Traffic Control $4,025 Groundwater Data Loggers $1,200 Getechnlcal Laboratory Analysis $1,254 Mileage,other Expenses $127 Subtotal(Indirect costs) $16,g99 Total Estimated Costs $34,575 I File No.0410-151-03 July1,2015 GIEOENGINEERS I 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 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 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 limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits nc less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. it 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 The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencernent 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. �..� GEOEINC-01 MCKEAGEJE CERTIFICATE OF LIABILITY INSURANCE DATE 712012015 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 endorsoment(s). PRODUCER CONTACT Willis Certificate Center NAME; Willis of Seattle,Inc. PHONE - g77 gob-7378 FAX 888 467-2378 CID 26 Century Blvd AIC,No,Ext);( ) _.. _ (uc No): ( ) P.O.Box 305 91 no Resso certificates@willis.com Nashville,TN 37230-5191 _- INSURER(5)AFFORDING COVERAGE NAG# INSURER A:Travelers Property Casualty Company of America 25674 INSURED -- - INSURER B:Travelers Indemnity Company 25658 GeoEngineers,Inc. INSURERc:Liberty Insurance Corporation 42404 8410154th Ave.NE I INSURER D:Liberty Mutual Fire Insurance Company 23035 _ Redmond,WA 98052 :N SURERE:AGCS Marine Insurance C_ompan 22837 _ INSURER F: COVERAGES CERTIFICATE NUMBER: 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. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. INSft - ADOL S aR- - POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSO WVG POLICY NUMBER MMIODIYYYY MMIDOlYYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 1,660,086 CLAIMS MADE occuR X P-660-533D1564-TIL-16 L% 0313112015 03/31/2016 PREMISES tee occooDenw) $. _. 100,000 III MED ExP(Any an.Preen) $ 51000 PERSONAL B ADV INJURY S 1,000,000 GE AGGREGATE LIMIT APPLIES PER: I GENERALAGGREGATE S 2,000,000 POLICY I_X_I JE T 1:1 LOG Ali PRODUCTS-COMP/OPAGG S _ 2,060,006 `J _ OTHER: COMBINED SINGLE LIMIT S 1,ggg,gDg III AUTOMOBILE LIABILITY Eo accident 8 X ANY AUTO X P-810-532D8375-IND-15 -•�` J 03/31/2015 03/3112016 BODILY INJURY(Per 1 s 'I ALLOWNED SCHEDULED BODILY INJURY(Porewidenl)I S AUTOS NON OWNED UTOS PROPERTY DAMAGE IS _ HIREDAUTOS AUTOS LP.raGritlent) s X UMBRELLA LIAB X OCCUR EACH OCCURRENCE IS 11000,000 C 'EXCESSLIAB CLAIMS MADE ITH7-661-066735-015 03131/2015 03/31/2016 AGGREGATE _ 'I5 1,000,000 WORKERS COMPENSATION s DED X RETENTION$ D STATUTE EERH- AND EMPLOYERS'LIAeI ER/ YIN X ./ D ANY PROPRIETOR/PARTNER/EXECUTIVE WC2-Z91-451667.015 03131/2015 :03/3112016 EL EACH ACCIDENT s 1,000,000 (Mandatory a Ni EXCLUDED? N_I''�,N I A - (MandatarylnNH) I ' EL DISEASE-_EA EMPLOYEEIS 1,000,006 It yes,deecdba under t E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below E Business Pars Prop MXI 93039816 03/31/2015 03/31/2016 Limit: 985,834 DESCRIPTION OF OPERATIONS I LOCATIONS(VEHICLES IAGGnD tat,Additional Remarks Schetlule,may ba attachetl If more space is requiredi THIS CERTIFICATE VOIDS AND REPLACES THE PREVIOUSLY ISSUED CERTIFICATE DATED:7)L412015 RE:City Of Kent East Valley Highway Metro Sewer Repair,GeoEngineers No.0410.161-03 li WA Stop Gap,USL$H and Maritime Employers Liability coverage Is Included under Workers'Compensation coverage evidenced above. City of Kent is included as an Additional Insured as respects to General Liability and Auto Liability as required by written contract. I'I, 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. AUTHORIZED REPRESENTATIVE City of Kent j 400 West Gowe AS WA 98032 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD i POLICY NUMBER: P-660-533D1564-TIL-15 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BLANKET ADDITIONAL INSURED - WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION 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 "written contract re- "written contract requiring insurance"to include as quiring insurance" requires you to provide an additional insured on this Coverage Part, but: such coverage or the end of the policy period, whichever is earlier. a. Only with respect to liability for"bodily injury", 2 The following is added to Paragraph 4.a. of SEC- TION IV — COMMERCIAL GENERAL LIABILITY b. If, and only to the extent that, the injury or CONDITIONS: damage is caused by acts or omissions of The insurance provided to the additional insured you or your subcontractor In the performance of "your work" to which the "written contract is excess over any valid and collectible "other in- requiring Insurance" applies. The person or surance", whether primary, excess, contingent or organization does not qualify as an additional on any other basis, that is available to the addi- insured with respect to the independent acts tional insured for a loss we cover. However, if you or omissions of such person or organization. specifically'.agree in the "written contract requiring insurance" that this insurance provided to the ad- The insurance provided to such additional insured ditional insured under this Coverage Part must is limited as follows: apply on a primary basis or a primary and non- c. In the event that the Limits of Insurance of contributory basis, this insurance is primary to this Coverage Part shown in the Declarations "other insurance" available to the additional in- exceed the limits of liability required by the sured which covers that person or organization as "written contract requiring insurance", the in- a named insured for such loss, and we will not surance provided to the additional insured share with that "other insurance". But this insur- shall be limited to the limits of liability required ante provided to the additional insured still is ex- by that "written contract requiring insurance". cess over any valid and collectible "other insur- This endorsement shall not increase the limits ance", whether primary, excess, contingent or on of insurance described in Section III — 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- additional insured under any"other insurance ing of or failure to render any "professional 3. The following is added to SECTION IV — COM- o services" 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- a. The additional insured must give us written completed operations hazard" unless the "written contract requiring insurance' spool I- notice as soon as practicable of an "occur- Written requires you to provide such coverage ence" or an offense which may result in a or that additional insured, and then the insur- claim. To the extent possible, such notice ance provided to the additional insured ap- should include: CG D4 14 04 08 ©2008 The Travelers Gompanies,Inc. Page 1 of 2 ooseos COMMERCIAL GENERAL LIABILfr Y 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 riot affect persons and witnesses; and whether this insurance provided to the addl- iii. The nature and location of any injury or tional insured is primary to that other insur- damage arising out of the "occurrence" or ante 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 the additional insured, the additional insured 4. The following is added to the DEFINITIONS Sec- must: tion: i. Immediately record the specifics of the "Written contract requiring insurance" means that claim or"suit"and the date received; and part of any written contract or agreement under ii. Notify us as soon as practicable. which you are required to include a person or or- ganization as an additional insured on this Cover- The additional insured must see to it that we age Part, provided that the "bodily injury" and receive written notice of the claim or"suit" as "property damage" occurs and the "personal in- soon as practicable, jury" is caused by an offense committed: c. The additional insured must 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- erwise 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 "suit" to it Page 2 of 2 ©2008 Tne Travelers Companies, Inc. CG D4 14 04 08 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: P-660-533D1564-TIL-15 ISSUE DATE: �3/31/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY TOTAL GENERAL AGGREGATE LIMIT DESIGNATED PROJECT(S) _ GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Total General Aggregate Limit; $ 2,000,000 Designated Project(s): EACH "PROJECT" FOR WHICH YOU HAVE AGREED, IN A WRITTEN CONTRACT WHICH IS IN EFFECT ' DURING THIS POLICY PERIOD, TO PROVIDE A SEPARATE GENERAL AGGREGATE LIMIT, PROVIDED THAT THE CONTRACT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. The Total General Aggregate Limit stated in the der COVERAGE C (SECTION 1), which can be at- Schedule above is the most we will pay for the tributed only to operations at a single designated sum of all: "project"shown in the Schedule above: 1. Medical Expenses under COVERAGE C 1. A separate Designated Project General Ag- (SECTION 1); gregate Limit applies to each designated "pro- 2. Damages under COVERAGE A (SECTION 1), ject", and that limit is equal to the amount of except damages because of"bodily injury" or the General Aggregate Limit shown in the "property damage" included in the "products- Declarations. completed operations hazard"; and 2. Subject to the Total General Aggregate Limit 3. Damages under COVERAGE B (SECTION 1) stated in the Schedule above, the Designated Project. General Aggregate Limit is the most regardless of the number of: we will pay for the sum of all damages under a. Insureds; COVERAGE A, except damages because of b, Claims made or"suits" brought; "bodily injury" or "property damage" included in the "products-completed operations haz- c. Persons or organizations making claims or and", and for medical expenses under COV- bringing "suits", or ERAGE C regardless of the number ot: d. Designated "projects" listed In the SCHED- a. Insureds; ULE above, o b. Claims made or"suits" brought; or B. For all sums which the insured becomes legally c. Persons or organizations making claims obligated to pay as damages caused by "occur- or bringing "suits". rences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents un- CG D3 21 01 04 Copyright,The Travelers Indemnity Company, 2004 Page 1 of 2 00580E COMMERCIAL GENERAL LIABILITY 3. Any payments made under COVERAGE A for To Premises Rented To You and Medical Ex- damages or under COVERAGE C for medical pense continue to apply. expenses shall reduce both the Total General D. Part 2. of SECTION III —LIMITS OF INSURANCE Aggregate Limit stated in the Schedule is deleted and replaced by the following: above, and the Designated Project General Aggregate Limit for that designated "project". 2• The General Aggregate Limit is the most we Such payments shall not reduce the General will pay for the sum of: Aggregate Limit shown in the Declarations a. Damages under Coverage B; and nor shall they reduce any other Designated b. Damages from "occurrences" under Project General Aggregate Limit for any other COVERAGE A (SECTION 1) and for all designated "project" shown in the Schedule medical expenses caused by accidents above. under COVERAGE C (SECTION 1) which 4. The limits shown in the Declarations for Each cannot be attributed only to operations at Occurrence, Damage To Premises Rented To a single designated "project" shown in the You and Medical Expense continue to apply. SCHEDULE above. However, instead of being subject to the E. When coverage for liability arising out of the General Aggregate Limit shown in the Decla- .'products-completed operations hazard" is pro- rations, such limits will be subject to both the vided, any payments for damages because of Total General Aggregate Limit staled in the "bodily injury" or "property damage" included in Schedule above, and the applicable Desig- the "products-completed operations hazard" will nated Project General Aggregate Limit. reduce the Products-Completed Operations Ag- C. For all sums which the insured becomes legally gregate Limit, and not reduce the Total General obligated to pay as damages caused by 'occur- Aggregate Limit stated in the Schedule above, the rences" under COVERAGE A (SECTION 1), and General Aggregate Limit, or the Designated Pro- for all medical expenses caused by accidents on- ject General Aggregate Limit. der COVERAGE C (SECTION 1), which cannot be F. For the purposes of this endorsement the Defini- attributed only to operations at a single desig- tions Section is amended by the addition of the nated."project"shown in the Schedule above: following definition: ' 1. Any payments made under COVERAGE A for "Project" means an area away from premises damages or under COVERAGE C for medical owned by or rented to you at which you are per- j expenses shall reduce the amount available forming operations pursuant to a contract or under the Total General Aggregate Limit agreement. For the purposes of determining the stated in the Schedule above and the General applicable aggregate limit of insurance, each Aggregate Limit, or the Products-Completed "project" that includes premises involving the Operations Aggregate Limit, whichever is ap- same or connecting lots, or premises whose con- plicable; and nection is interrupted only by a street, roadway, 2. Such payments shall not reduce any Desig- waterway or right-of-way of a railroad shall be noted Project General Aggregate Limit. considered a single "project". As respects this Provision C., the limits shown in G. The provisions of LIMITS OF INSURANCE the Declarations for Each Occurrence, Damage (SECTION III) not otherwise modified by this en- j dorsemenl shall continue to apply as stipulated. i I Page 2 of 2 Copyright, The Travelers Indemnity Company, 2004 CG D3 21 01 04 f` COMMERCIAL AUTO POLICY NUMBER: P-810-532D8375-IND-15 ISSUE DATE: 3/31/2015 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. DESIGNATE® INSURE® 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 . III I (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" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 000ess Corporations: Registration Detail Page 1 of 1 GEOENGINEERS,INC !.. UBI Number 600375010 Category REG Profit/Nonprofit Profit "Active/Inactive Active State Of Incorporation WA WA Filing Date :O9Y1711980 Expiration Date :09/30/2016 Inactive Date Duration Perpetual Registered Agent Information Agent Name NATIONAL CORPORATE RESEARCH,LTD. Address 1780 BARNES BLVD SW City TUMWATER State :WA ZIP 98512 Special Address Information Address City State Zip Governing Persons Title Name Address Chairman,Director SAULS,DAVID ! 11955 LAKELAND PARK BLVD STE 100 BATON ROUGE,LA70209 Director HUTCHINSON,MICHAEL 1101 FAWCETT AVE STE 20O TACOMA,WA 98402 Director WALLACE,BILL 603 STEWART ST STE 170O SEATTLE,WA 98101 Director MACDONALD,DOUGtAS 600 STEWART STREET ��!SUITE 1700 I SEATTLE,WA 98101 Director MERCIER,KAREN III 8410154TH AVE NE !! REDMOND,WA 98052 Director CHIN,KING '',8410 154TH AVE NE, "I REDMOND,WA 98052 Director COTTON,BLAKE 11955 LAKEtAND PARK BLVD,SUI BATON ROUGE„LA7O809 President,Directar FRAESE,KURT 000 STEWART ST STE 1700 !,SEATTLE,WA 9B101 : !! Secretary,Director CARLISLE,DANA L 841O 154TH AVE NE, !' REDMOND,WA 98052 Treasurer ROREM,CARRIE 841O 154TH AVE NE REDMOND,WA 98052 i httn://www.sos.wa.aov/corns/search detail.asnx?ubi=6003 7 5 0 10 7/21/2015 REQUEST FOR MAYOR'S SIGNATURE � IT "1 'Routing Information!(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEP R1'MENT) ru,7 Approved k,Dire Originator: Ken Langholz Phone (Originator 5516 Date Sent: `-ljoa i j Date Re uq ired: �u , l Return Slgned Document to: Nancyyoslntake Contract Termination Date: 12/31/15 VENDOR NAME: Date Finance Notified GeO�n 11128r$, Inc. (Only required on contracts 7/7/15 . g $10 000 and over or on any Grant) DATE OF COUNCIL APPROVAL: Date Risk Manager Notified:N/A N/A (Required on No Gty Standard Contracts/Agreements) Has this Document been Specifically Account Number: , Authorized in-the Bud get?OYES 0 NO Brief Explanation of Document: The attached agreement Is for GeoEngineers to provide;geotechnical services for the East Valley Highway Metro Sewer Repair project All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Dep r� ent) f / Received. V� t' r Approval of Law Dept.; f�` ` ( f f '� Law Pe t- Comments Y t S $ Ad `Y a ew"f Y r ' F 3 P fj'F Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff '• `s< � '� "�- r�?, 'f i Received: I Recommendations and Comments Disposition: L Date Returned: V'1t: F ��Hncc, H G F IYo �rY 5 Jnelu v�ty