Loading...
HomeMy WebLinkAboutPW15-297 - Original - GeoEngineers, Inc. - Meridian Valley Creek Erosion Repair - 08/19/2015 A 40 Records aa �err� entrs, KENT Document g. P ��g5111NGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: GeoEngineers, Inc. Vendor Number: JD Edwards Number Contract Number: P vvl� — 2-,I,l This is assigned by City Clerk's Office Project Name: Meridian Valley Creek Erosion Repair Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: i Contract Effective Date: 8/19/15 Termination Date: 12/31/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Matt Knox Department: Engineering Contract Amount: $18,838.00 Approval Authority: (CIRCLE ONE) EDepart=mentDirectDor Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Develop a mitigation concept for the project. As of: 08/27/14 e KENT Wn9N1X f 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 develop a mitigation concept for the Meridian Valley Creek Erosion Repair project . For a description, see the Consultant's Scope of Work which is attached as Exhibit A and Incorporated by this reference, i 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, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Eighteen Thousand, Eight Hundred Thirty Eight Dollars ($18,838.00), 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. i B. The Consultant shall submit monthly payment invoices to the City for work performed, and j 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) .i i 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, j officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent I of the Consultant's negligence, i CONSULTANT SERVICES AGREEMENT- 2 (Over$20,000) i 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. l 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. i CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) I 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 mall, 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. F. 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. I 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. 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. i 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. f 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. y i i I CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) n, I IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY QE KENT: By; i Bxi--fit , nat e / sl ature) Print N A (�A �� SQ Print Name: S Timothy J. LaPorte, P.E. Its S �rx Its s Director (t t!e) DATE: g�!$� / DATE• � tr/' NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: f� CITY OF KENT- � _ji}cr Ak rV 5 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) APPROVED AS To FORM: Kent Law Department CeaFn9lneers-MVC GoSIop Repair/ftnu% III I i i 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. By; 6h 4 f AA A10 �,25 0" For: (oP' l'h erS Title: kv fe 21;L t Date: i EEO COMPLIANCE DOCUMENTS - 1 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: 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. j i i i { i EEO COMPLIANCE DOCUMENTS - 2 I I 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. By: For: Title: Date: 1 i EEO COMPLIANCE DOCUMENTS - 3 I GEOEINC-01 WILHOITEM A�R� CERTIFICATE OF LIABILITY INSURANCE DATE 811a1za15 jMMIDDIYYYY) 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 BYTHEPOLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Willis Cer,ificate Center NAME: Willis of Seattle,Inc. PAHIONri Ext (877)94'�-7378JAIC Net: (888)467-2378 c!o 26 Cent ury Blvd E-MAIL CERTIFIC'°.TES�1 WILLIS.COM P,O. Box 30591 ADDRESS: @ Nashville,TN 37230-5191 INSU,^ER(SI AFFORDING COVERAGE NAIC N INSURER A:Travelers '?roperty Casualty Company of America 25674 INSURED - INSURER e:Travelere indemnity Company _ 25658 GeoEngineers,Inc. INSURER c:Liberty Insurance Corporation 42404 ' 8410154th Ave.NE _INSURER o:Liberty V!ljtual Fire Insurance Company 23035 Redmond,WA 98052 INSURER E: _ INSURERF: 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. NOTVWHSTANDING 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 POLICIE.i DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY END CLAIMS. _ -- INSR - -- ADDLSUBR _-- FROLICY E F POLICY EXP - TYPE OF INSURANCE LIMITS LTR $0 WVO _ POLICVNUMBER (MWDDIYYYY id-MIDD/YYYY _ A TXCOMMERCIAL GENERAL LIABILITY -DAMAGE AMAGE TURRENCE $ 1,000,000 CLAIMS-MADE EX_I OCCUR X P-660-533D1564-TIL-15 OW3112015 77�'MI2016 vRE;SES Eaowurrence $ i 100,000 yr; MEDEXP(Any oneperson) $ 6,000 't —PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE:LIMIT APPLIES PER: 'I GENERALAGGREGATE $ 2j000,000 POLICY[X] JECT ',_ j D0C PRODUCTS-COMPIOP ACG $ 2,000,000 S OTHER: _ _ _ ,l -- AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 11000,000 B X ANY AUTO X P-810-532D8375-IND-15 03131/2015 j BODILY INJ LY NJ 3431/2016 YU _._ I RODIURY(Per parson) , S ALLOWNED SCHEDULED aa, BODILY INJURY(Per accldenl)' 5 AUTOS AUTOS NON-OWNED PROPERTY DAMAGE S HIREDAUTOS AUTOS -/t ParapcdenI X UMBRELLA LIAR X OCCUR I". EACH OCCURRENCE ',$ 110001000 III O EXCESS LIAB cI-AIMS-MADE TH7.661-066735-015 03131/20153131/2016 AGGREGATE $ 1,000,000 DED X.1 RETE NTION$ 0 "I` $ WORKERS COMPENSATION X OTH- AND EMPLOYERS'LIABILITY ) STATUTE ER D ANY PROPRIETORIPARTNEWEXECUTIVE YIN C2-Z91-451667-015 03131/2015 03/31/2016 EL.EACFI ACCIDENT '' $ 1,000,000 OFFICERIMEMBER EXCLUDE09 [N I NIA I1,000,000 (Mandatory In NH) EL DISEASE-EA EMPLOYE It yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ _ _ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORU 101,Additional Remarks Schedule,may be aHach.d Unn.rs l',Aace Is required) Project:0410.191-00 City of Kent Riverview Park Riverbank Erosion - WA Slop Gap, USL&H and Maritime Employers Liability coverage is included under Workers'Compensation coverage evidenced above. T.. City of Kent Is Included as an Additional Insured as respects to General Liability and Auto Liability as required by written contract. General Liability policy shall be Primary and Non-Contributory with any other insurance in force for ci which may be purchased by City of Kent as required by written contract. CERTIFICATE HOLDER - CANCELLATION .. SHOULD ANY OF TFE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION"'DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WIT".THE POLICY PROVISIONS. City of Kent AUTHORIZED REPRESENTATIVE Attn:Chris Wadsworth 400 W Gower --�f' Kent WA 98032 -- 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) 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) R'. This endorsement modifies insurance provided under the fallowing: 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 do 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 orthe end of the policy period, whichever is earlier. a. Only with respect to liability for"bodily injury", "property damage" or"personal injury"; and 2 The following is added to Paragraph 4.a. of SEC- TON 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", w!;tether primary, excess, contingent or on any other basis, that is available to the add!- organization does not qualify as an additional insured with respect to the independent acts. tional insure for a loss we cover, However, if you or omissions of such person or organization. specificallyagree 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- 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 ance 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- 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 notice as soon as practicable of an "occur- written contract requiring insurance" specifi— cally requires you to provide such coverage rence" or an offense which may result in a for that additional insured, and then the insur_ claim. To the extent possible, such notice ance provided to the additional insured ap- should include: CG D4 14 04 03 ©2008The Travelers Companies,Inc. Page 1 of 2 ooseoe i COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" any provider of other insurance which would Ili or offense took place; cover the additional insured for a loss we ii. The names and addresses of any injured cover. However, this condition does not affect persons and witnesses; and whether this insurance provided to the addi- iii. The nature and location of any injury or 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; L 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 which you are required to include a person or or- ii. Notify us as soon as practicable. ganization as an additional insured on this Cover- The additional insured must see to it that we age Part, piovided 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 j 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 I Page 2 of 2 ©2008 The Travelers Companies,Inc. CG D4 14 04 08 POLICY NUMBER: P-660-533D1564-TIL-f 5 ISSUE DATE: 04-20-16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. I DESIGNATED ENTITY - NOTICE OF CAN CELLATIONMONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice.of Cancellation: 30 NONRENEWAL: Number of Days Notice of Nonrenewal: PERSON OR ORGANIZATION: ANY ENTITY WHO REQUIRES CANCELLATION NOTICE OF THE NUMBER OF DAYS HERE DESCRIBED ADDRESS: a P_ PROVISIONS: A. If we cancel this policy for any statutorily permit- B. If we decide to not renew this policy for any statu- led reason other than nonpayment of premium, torily permitted reason, and a number of days is and a number of days is shown for cancellation in shown for nonrenewal in the schedule above, we the schedule above, we will mail notice of cancel- will mail notice of the nonrenewal to the person or lotion to the person or organization shown in the organization shown in the schedule above. We schedule above. We will mall such notice to the will mail such notice to the address shown In the address shown in the schedule above at least the schedule above at least the number of days number of days shown for cancellation in the shown for nonrenewal in the schedule above be- schedule above before the effective date of can- fore the expiration date. cellatlon, IL T4 00 12 09 ©2009 The Travelers indemnity Company Page '] of 1 010662 COMMERCIAL AUTO POLICY NUMBER: P-810-532DB375-IND-15 ISSUE DATE: 3/31/2015 '.. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organization(s): ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED TO INCLUDE AS AN ADDITIONAL INSURED ON THIS COVERAGE FORM IN A WRITTEN CONTRACT OR AGREEMENT THAT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGE " OCCURS AND THAT IS IN EFFECT DURING THE POLICY PERIOD . (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 000859 Terra Insurance Company (A Risk Retention Group) FFTERRA Two Fifer Avenue, Suite 100 —Corte Madera, CA 94925 INSURANCE COMPANY CERTIFICATE OF INSURANCE DATE 08/18/15 NAME AND ADDRESS OF INSURED " GeoEngineers, Inc. 600 Stewart Street, Suite 1700 Seattle, WA 98101 This certifies that the"claims made" insurance policy(described below by policy number)written on forms in use by the Company has been issued: This certificate is not a policy or a binder of insurance and is issued as a matter of information only,and confers no rights upon the certificate holder. This certificate does not alter, amend or extend the coverage afforded by this policy. The policy of insurance listed below has been issued to the insured named above for the policy period indicated. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy. Aggregate limits shown may have been reduced by paid claims. TYPE OF INSURANCE Professional Liability POLICY NUMBER EFFECTIVE DATE ,)' EXPIRATION DATE 215019 01/01/15 12/31/15 LIMITS OF LIABILITY $2,000,000 EACH CLAIM $2,000,000 ANNUALAGGREGATE PROJECT DESCRIPTION 0410-191-00 City of Kent Riverview Park Riverbank Erosion CANCELLATION: If the described policy is cancelled by the Company before its expiration date, the Company will mail written notice to the certificate holder thirty (30) days in advance, or ten (10) days in advance for non-payment of premium. If the described policy is cancelled by the insured before its expiration date, the Company will mail written notice to the certificate holder within thirty (30) days of the notice to the Company from the insured. CERTIFICATE HOLDER ISSUING COMPANY: City of Kent TERRA INSURANCE COMPANY Attn: Chris Wadsworth (A Risk Retention Group) 400 Kent,W Gow Kent, WA 98032 i President 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 GeoEngineers, Inc. Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Meridian Valley Creek Erosion Repair that was entered into on the August 19,, 2015 (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: C-iM49A6'1ne_'eV16 Title: ,* Date: EEO COMPLIANCE DOCUMENTS - 1