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HomeMy WebLinkAboutPW15-326 - Original - GeoEngineers, Inc. - Briscoe-Desimone Levee Improvements Reach 4 - 09/11/2015 4 1 5 ® ec® r s ar a e ezn £j KENT Document W ASHIMGTDN l 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: FW 1 1 (r' This is assigned by City Clerk's Office Project Name: Briscoe-Desimone Levee Improvements Reach 4 Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment M Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kelly Casteel Department: Engineering Contract Amount: $57 541.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): The Consultant shall provide construction observation, consultation, and documentation for the project. As of: 08/27/14 KE IT CONSULTANT SERVICES AGREEMENT between the City of Kent and GeoEngineers, Inc. THIS AGREEMENT is made between the City of Kent, 'a Washington municipal corporation (hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington, located and doing business at 1101 S. Fawcett Ave., Suite 200, Tacoma, WA 98402, Phone: (253) 383- 4940/Fax: (253) 383-4923, Contact: Lyle Stone (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide construction observation, consultation, and documentation for the Briscoe-Desimone Levee Improvements Reach 4 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, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Fifty Seven Thousand, Five Hundred Forty One Dollars ($57,541.00), 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. i 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) 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. i 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 i 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 r (signature) V ,.�. (signature) _ Print Name: A, i fl. Print 1 a8#Y. .Suzette Cooke Its & kr /VtI Its Mayor (title) DATE: jd DATE:: 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) APPRO)/ED AS TO FORM: J I , Kent Law Department ' Geo[nglneers-Bnsme-Desimone 3/Casteel CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. For: F% t ! t p r - Title: I ' Date:_` 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. I i i EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of 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: I EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A GEOENGINEERS, INC. BRISCOE-DESIMONE LEVEE IMPROVEMENTS REACH 4 CONSTRUCTION OBSERVATION AND CONSULTATION GREEN RIVER, RIVER MILE 16.91 TO 1.6.99 KENT,WASHINGTON JULY 20, 2015 FILE NO.0410476-02 INTRODUCTION The purpose of our services is to provide construction observation, consultation, and documentation for the construction of certain improvements to the Desimone and Briscoe levees on the Green River. The project is divided Into four sections, Reaches 1 through 4. Improvements to Reaches 1 through 3 have been completed, During this final phase, Improvements to Reach 4 will be constructed. Construction will include installing sheet pile and concrete I-Walls,placing levee fill,regrading riverbank slopes,constructing a new trailhead parking lot,and repavingthe rivertrail. Project plans and specifications were prepared by GEI Consultants (GEI) and the City of Kent. We understand that GEI is the geotechnical engineer of record and will review contractor submittals,contractor requests for Information (RFIs), and design changes as needed. GeoEnglneers will be the City's on-site representative to observe and document construction activities.Our role will be to provide material testing, daily inspections, and construction management duties not included In GEI's scope of services. SCOPE OF SERVICES Our specific scope of services for the Desimone and Briscoe Levee Construction includes: 1. Attend construction coordination meetings as required and requested.We budget for Lyle Stone(Senior Engineer)attending four on-site construction meetings during the project. 2. Provide full-and part-time construction observation services to support the City of Kent's construction Inspector. It is anticipated that we will be required to be on site full time during sheet pile installation and fill placement.We will coordinate our site visits with the City of Kent's lead construction inspector. Our observations will be documented in dailyfield reports.We have based our construction observation budget on 30 full-time days(8.5 hours)on site and 10 part-time days(4 hours)on site. 3. Provide soil and aggregate laboratory testing. We will provide testing of fill materials including sieve analyses,and maximum density determinations(Proctor Tests).We have budgeted for 10 percentfines determinations, 10 sieve analyses,and 10 Proctor Tests. Clry of Kent July 20,2015 Page 2 4. Provide construction consultation as requested. 5. Prepare a summary of our tests and observations at the end of construction for inclusion with levee Inspection documentation. i Us:GHs:tt Attachment; ! Exhibit B Fee Estimate Disclaimer.Any elactronicform,facsimlle or hard copyof the adglnal documant(amell,text,table,and/c rfigure),if provided,and anyattachments are only a copy of the original document.The odglnal docun is stored by GmEogneors,Inc.and will serve as the official documentof record. Copyrlght©2015 by GeoEngineers,Inc.All rights carried. GEOENGINEERS� File W.0410-17e02 I W W z Z s v tJ.l N N N N N N t W vw E LL� _ N S o E I i � v 6L W ; $ Lu J N C C $ LIA N r0 8 a N O g Z ®o W v z N S a` �T o y I U) o m 19 c E I 9 o v o � c d on c E lioll EEv 50M T 6 Yl 2 a E 0 , z° u LL EXHIBIT C INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS Insurance The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liabilitv insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $5,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $5,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work'. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. The City, King County and the King County Flood Control District shall be named as an Additional Insureds under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City, the District and the County. All endorsements adding Additional Insureds shall be issued on form CG 20 10 it 85 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section. 2. 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. + 4. Professional Liability (Errors & Omissions) insurance appropriate to the Consultant's profession. i i I I EXHIBIT C (Continued) B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with minimum limits of $5,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $5,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of at least $2,000,000 per accident. 3. Professional Liability (Errors & Omissions) insurance shall be written with limits no less than $5,000,000 per claim and $5,000,000 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: 1. The Contractor'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 Contractor's insurance and shall not contribute with it. 2. The Contractor'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, King County Flood District and King County shall be named as an additional insureds on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor 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 Contractor'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. EXHIBIT C (continued) D. Contractor`s Insurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. B. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. G. Verification of Coverage Contractor 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 Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. Subcontractors Contractor 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 Contractor. 1 GEOEINC-01 YADAVYO ACORc�' CERTIFICATE OF LIABILITY INSURANCE DAT 9 110/2015 rl 10/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOESNOT 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 Ileu of such endorsement(s). ------ PRODUCER CONTACT Willis Certificate Center NAME: Willis of Seattle,Inc, PHONE 877 945-7378 arc No: 888 467-2378 c/o 26 Cent Blvd IPA No Ed:( ) ____ _. ( ) P.O. Box 305191 ADDRESS:Certificatrbs@willis.co_m Nashville,TN 37230.6191 _ IN SURER(S)AFFORDING COVERAGE NAICN INSURER A:Travelers Property Casualty Company Of America 25674 INSURED INSURER B:TravelerS Indemnity Company 25658 GeoEngineers,Inc. I INSURER c:Liberty Insurance Corporation 42404 1101 Fawcett Ave, INSURERD:Liberty Mutual Fire Insurance Company 23035 Suite 200 - - - Tacoma,WA 98402 INsuRERE:AGCS Marine Insurance Company22837 INSURER E COVERAGES_ CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT l'HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OFIN$URANCF. ADD _ ,POLICY EFF POLICY E%P LIMITS LTR I D D POLICY NUMBER MMIDDM/YY 1dMIDDIYYYY _ A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,0002000 CLAIMS MADEI I occuR X P-660.533D1564-TIL-15.i 03/31/2015 0W31/2016 PREMISES Eaaaunnce _$ 1002000 MED EXP(Any one person) _ $ 51000 PERSONALBADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY[X] P�ECT LOC PRODUCTS-COMPIOPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY , COMBINED SINGLE LIMIT $ 1,000,000 Ea accaenl)__ B X ANY AUTO X P•810.53208375-IND-15 'f 0 313112 01 6 D3131/2016 BODILY INJURY(Perpemon) $ AU OS SCHEDULED OS BODILY INJURY(per accident) $ H RED AUTOS NON OWNED PROPERTY DAMAGE- $ AUTOS - Per acdtlent _ $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000,000 C EXCESS LIAB CLAIMS MADEX TH7-661-066735-015 03131/2015 03/31/2016 AGGREGATE i$ 6,000,000 _ LED I X I RETENTION$ 0 15 _. WORKERS COMPENSATION X STATUTE ERH AND EMPLOYERS'LIABILITY D ANY PROPRIETURIPARTNERiEXECUTIVE YIN C2-Z91-451667-015 03131/2015 0313112016 E. , EACH ACCIDENT $ 1,000,000 OFFICERIMEM 9ER EXCLUDEDP [N] NIA ,(Mandatory In NHl E.L.DISEASE-EAEMPLOVEE S 1,000,000 4f yes,describe under ,DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT' $ 12000,000 E ,Business Pers Prop MXI 93039816 03131/2015 03/3112016,Limit:$ 985,834 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is requir ed) THIS VOIDS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE DATED:9/912015. Re:City of Kent Briscoe-Desimone Levee Improvements Reach 4-GeoEngineers,File No.0410-176-02 WA Stop Gap,USL$H and Maritime Employers Liability coverage is included under Workers'Compensation coverage evidenced above. City of Kent,King County and King Comity Flood Control District are included as Additional Insureds as respects to General Liability,Auto Liability and UmbrellalExcess Liability,as.required by written contract. SEE ATTACHED ACORD 101 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 �II City of Kent ' 400 West Gowe Kent WA 98032 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:GEOEINC-01 YADAVYO AC40FI® ADDITIONAL REMARKS SCHEDULE Page 1 of _1 AGENCY NAMED INSURED Willis of Seattle, Ina. GeoEnglnoors,Inc. - - -- 1101 Fawcott Ave, j POLICY NUMBER Suite 200 EE PAGE 1 Tacoma,WA 98402 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFEcnVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: certificate of Liability Insurance Description of Operations/Locations/Vehicles General Liability and Auto Liability policies shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by City of Kent, as required by written contract. i i ill ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. 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 tied 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 and 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- 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 you or your subcontractor in the performance The insurance provided to the additional insured 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 difioral 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 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- completed operations hazard" unless the a. The additional insured must give us written "written contract requiring insurance" specifi- notice as soon as practicable of an "occur- cally requires you to provide such coverage rence" or an offense which may result in a for that additional insured, and then the insur- claim. To the extent possible, such notice ance provided to the additional insured ap- should include: CG D4 14 04 08 ©2008 The Travelers companies,Inc. Page 1 of 2 oo5soe i COMMERCIAL GENERAL LIABILriY i. How, when and where the "occurrence" any provider of other insurance which would or offense took place; cover the additional insured for a Toss we H. 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 namedihsured. 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- roust: 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 In. 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 I Page 2 of 2 ©2006 The Travelers Companies, Inc. CG D4 14 04 08 COMMERCIAL AUTO POLICY NUMBER: P-810-532D8375-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 fallowing: 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 OOU65B i COMMERCIAL AUTO POLICY NUMBER: P-810-532D8375-IND-15 ISSUE DATE: 03-31-2015 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED m PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided by 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 this endorsement. SCHEDULED PERSONS OR ORGANIZATIONS Any organization or person requiring a written contract PROVISIONS A. The following is added to Paragraph c. in A. 1., B. The following is added to Paragraph 5., Other Who Is An Insured, of SECTION 11-LIABILITY Insurance; in B. General Conditions of SEC. COVERAGE: TION IV—BUSINESS AUTO CONDITIONS: Any person or organization shown above who Is Regardless of the provisions of paragraph a. and required under a written contract or agreement paragraph d, of this part 5. Other Insurance, if between you and that person or organization, that the scheduled person or organization shown is signed and executed by you before the "bodily above has other insurance under which it is the injury" or "property damage" occurs and that is in first named insured and that Insurance also ap- effect during the policy period, to be named as an plies, then this insurance is primary to and non- additional Insured is an "insured" for Liability Cov- contributory with that other insurance when the erage, but only for damages to which this insu- written contract or agreement between you and ance applies and only to the extent that person or that scheduled person or organization, that is organization qualifies as an "insured" under the signed and'ezecuted by you before the "bodily in- Who Is An Insured provision contained in Section jury" or "property damage" occurs and that is In 11, effect during the policy period, requires this insur- ance to be primary and non-contributory. CA T4 42 04 09 ©2006 The Travelers Compades, Inc. Page 1 of 1 li i Terra Insurance Company (A Risk Retention Group) PrTERRA Two Fifer Avenue, Suite 100 — INSURANCE COMPANY Corte Madera, CA 94925 CERTIFICATE OF INSURANCE DATE 08/20/15 -- NAME AND ADDRESS OF INSURED 4 GeoEngineers, Inc. " 1101 Fawcett Avenue, Suite 200 Tacoma, WA 98402 This certifies that the"claims made" insurance policy(described below by policy number)written on forms In use by the Company has been issued. This certificate is not a policy or a binder of insurance and Is issued as a [natter 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 $5,000,000 EACH CLAIM $5,000,000 ANNUALAGGREGATE PROJECT DESCRIPTION Briscoe-Desimone Levee Improvements Reach 4 0410-176-02 r I 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 Attu: Nancy Yashitake (A Risk Retention Group) 400 West Gowc Kent, Washington 98032 President verrry workers k-omp rremnam �!,ratus - t:mpioyer Lianin>=y Uermicare rage r or Washington State Department of �Y,4G'?'r rj� Employer Liability Labor and. Industries ���� Certificate i i Department of Labor and Industries Employer Liability Certificate :, Date: 08/20/2015 i UBI #: 600 375 010 jI Legal Business Name: Account #: 429,351-00 'Doing Business As' Name: GEOENGINEERS INC Estimated Workers Reported: Quarter 2 of Year 2015 "Greater than 100 (See Description Below) Workers" Workers' Comp Premium Status: Account is current. Firm has voluntarily reported and paid their premiums. Licensed Contractor? Yes License: GEOENI*1103E Expire Date: 5/9/2017 Account Representative: Tl /FEARAFD FEROZE (360)902-4797.,,;,�- Email: FERH235@lui.wa.gov What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of frill time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51 ,12.050 and 5116.190). httnc•//fnrh•Pccwaanv/lni/r,rnci/A(�MlnfnPrint imy9APrn1ntTd=d?q'151nOk R/7tlOMS SCENT Agenda Item: Consent Calendar - 7E TO: City Council DATE: September 1, 2015 SUBJECT: Consultant Services Agreement with GeoEngineers for Construction Support for Briscoe-Desimone Reach 4 Authorize MOTION: Authorize the Mayor to sign a consultant services agreement with GeoEngineers, Inc. in an amount not to exceed $57,541 to provide engineering services for the Briscoe-Desimone Levee Reach 4 project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: In 2011, the City, in conjunction with the King County Flood Control District (KCFCD), was successful in obtaining a $7 million grant from the Washington State Legislature to fund reconstruction of the Briscoe-Desimone Levee. In June 2013, the City entered into an interlocal agreement with the KCFCD which allocated an additional $11 million of district funds and assigned responsibility for design and construction of the project to the City of Kent. The City is continuing to pursue accreditation of the Briscoe-Desimone Levee from FEMA, As part of this accreditation effort, the City prepared a Conditional Letter of Map Revision which identified 4 areas, or reaches, of the levee that do not meet current FEMA standards. Three of those areas have been reconstructed and the fourth will start construction in September. In order to receive FEMA certification, it is imperative that construction of these levees be monitored to ensure that they are reconstructed in acceptance with FEMA standards. GeoEngineers has the appropriate certifications and expertise to perform these duties and was selected based upon their qualifications. City staff will perform all other construction inspection and construction management duties. There are no equivalent firms within the city limits of Kent. Razz Construction was awarded the construction contract for Reach 4. Under this consultant services agreement, GeoEngineers will provide materials testing and inspection services related to this project. EXHIBITS: Consultant Services Agreement with GeoEngineers, Inc. RECOMMENDED BY: Public Works Committee YEA: Fincher, Ralph, Higgins NAY: BUDGET IMPACTS: This contract will be funded out of the $18 million which was allocated to the Briscoe-Desimone Levee project through an interlocal agreement with the KCFCD. REQUEST FOR MAYOR'S SIGNATURE IT Y— .. r t t Routing Information(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)5� ��� Approved by Direcfei"i Originator: Kelly Casteei Phone Ori orator 5561 % Date Sent: ,f `pF�, Date Required: 6 Return Signed Document to: Nancy Yoshitake Contract Termination Date:';12/31/16j VENDOR NAME: Date Finance Notified: (Only required on contracts 8/11/15 Ge0E11 1n@@fS; Inc. to o0D and over or on any Grant) DATE OF COUNCIL APPROVAL Date Risk Manager Notified?N/A 9/1/15 (Required on:Non-Crt Standard Contracts A reements Has this Document been Specifical.ity Account Number: D20082 Authorized in the Bud et? e YES NO Brief Explanation of Document: The attached agreement is for GeoEngmeers to provide construction observation, consultation, and documentation for the Briscoe Desimone Levee Improvements Roach 4 project. All Contracts Must Be Routed Through The Law Department k rs *,b At feted by the Law Department , t t Received: f Approval of Law Dept Comments, r Date Forwarded to;Mayor: ems✓ I Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: f .� -, �Y- xrn p ✓� ark �y ' n` e d c31a Dis osition: J'�( C&V Date Returned: �.�,"f; „ V;zi`