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HomeMy WebLinkAboutPK15-352 - Original - Robinson-Noble Inc. - Riverbend Golf Complex Irrigation Well - 10/30/2015 Records At ' er ,., Ai- KEN'i � Document W A9HIXGTON x �. �� 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: Robinson-Noble Inc. Vendor Number: 147520 JD Edwards Number s r tF)' Contract Number: °� ,�, This is assigned by City Clerk's Office Project Name: Riverbend Golf Complex New Irrigation Well Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 10/30/15 Termination Date: 10/30/16 Contract Renewal Notice (Days): 0 Number of days required notice for termination or renewal or amendment ., J- Contract Manager: r_ _ Pete Petersen Department. '_tr s" Contract Amount: $49,550.00 Approval Authority: ❑ Department Director ®Mayor ❑City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Hydrogeologic engineering consultant will conduct preliminary testing, analysis, planning & design, and will provide project supervision including oversight of drilling contractor, for a new irrigation well to be drilled at Riverbend Golf Complex. Division Contract #PPD15-15/Golf adccW10877_8_14 KETIT CONSULTANT SERVICES AGREEMENT between the City of Kent and Robinson-Noble, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Robinson-Noble, Inc. organized under the laws of the State of Washington, located and doing business at 2105 South C Street, Tacoma, Washington 98402 (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: As described in Exhibit A, attached: Provide pre-drilling & project management, conduct drilling observation, oversee well completion & development, conduct well testing & analysis, and provide well construction & testing report. Report will include documentation of compliance with the water rights provisions of RCW 90.44.100(3). 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 October 31, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $49,550.00 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. 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. CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. 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. 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 B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the j 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 upon payment to the Consultant. 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, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work Shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) 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 and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. 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. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) 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. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT, Lr _a By: `-"' ._ � By Tom, (signature) (signature) Pr rgt�Name't ✓Us''T�, t'�er Print Na(rve: Suzette Cooke Its pYeY Ii's / Mayor (title) DATE; ( ef. 1.3y� ' DATE: ff' >�,�`� NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: F. Michael Krautkramer R.D. Pete Petersen Robinson-Noble Inc. City of Kent 2105 C Street 220 Fourth Avenue South Tacoma, WA 98402 Kent, WA 98032 (253) 475-7711 (telephone) (253) 856-5190 (telephone) mkrautkramer@robinson-noble.com rpetersen@kentwa.gov APP9ROYED AS TO-FORM: Kent Law Department P:\Planning\Riverbend\Well\New well-RN-CONTR CTADcx 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. y— ��� f �{j 8�7;/i?.L a� ,�t•� :•ij e't' .t'3C. EEO COMPLIANCE DOCUMENTS - 1 l CITY OF KIENT 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. 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: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A D ROBINSON NOBLE August 20, 2015 R, D. (Pete) Petersen City of Kent, Riverbend Golf Complex 2019 West Meeker Street Kent, WA 98032 Subject: Hydrogeologic services in support of the drilling of a new irrigation well for the Golf Complex Dear Pete, Robinson Noble is pleased to provide this proposed scope of services and cost estimate for the drilling of a new irrigation well for the Riverbend Golf Complex. We understand that the intent is to drill a well similar to the original irrigation well drilled in 1988, Our report on the rehabilita- tion effort describes the appropriate drilling approach, which employs cable-tool drilling meth- ods to place 12-inch casing to a total depth of 450 feet.The fact that flowing artesian conditions are expected require that a flow-control seal be placed prior to the drilling of the 12-inch well. In addition, we recommended that a special glass-bead pack material be used around the screen assembly to achieve a more efficient production condition in the new well. Robinson Noble will provide preliminary services to define the drilling approach insufficient de- tail to facilitate the preparation of technical specifications for the drilling contract. We will then assist you in contracting the appropriate drilling contractor. Once the contractor is on site, we will provide hydrogeologic services in the observation of drilling and assessment of the infor- mation gained during drilling, provide a recommended well-completion design, observe comple- tion and development of the well, and test it using standard hydrogeology techniques, The re- sults of all components will be analyzed and presented in a well construction report suitable for direct application to regulatory requirements and designed as an operations tool for the opera- tional life of the well. Drilling is presumed to be in the same general area of the original well which will place it within the advertised area of the Golf Complex water right. This means that drilling will be under the authority of 90.44.100(3) RCW which allows for the drilling of additional points of withdrawal without any formal water right change. There is an advantage in retaining the original well as a smaller source and as a monitoring point (observation well), We are, therefore, not including any decommissioning effort in this proposed scope of work. Our proposed scope is divided into four general tasks as described below. Task 1: Pre-drilling Services This task includes an evaluation of the proposed drilling site, setting the location of the pro- posed new well and definition of the drilling plan. The plan will be reflected in a set of technical specifications suitable for obtaining bids or quotes from drilling contractors, We will work with City staff to define the appropriate approach in the selection and contracting of the Drilling firm. Robinson Noble will review the water law and water rights aspects of the drilling project and identify notification requirements. At this point, there does not appear to be anything outside of 2105 C Street 17626 1Vh Avenue NE.Suite 102 Tacoma,Washington 98402 www.robinson-nobie.com Woodinville,Washington 98072 P:253,475.77111 F:253.472,5846 P:426.488.06991 F:426,488,2330 EXHIBIT (Continued) Pete Petersen Riverbend Golf Complex- Kent August, 2015 Page 2 the normal King County and Washington,State'Department of Ecology notification require- ments. Task 2: Drilling Observation and Well Design This task includes the Robinson Noble services that will be needed once a contractor has been selected and is on site. During drilling, we will have a geologist on site on a regular basis to ob- serve the progress, take appropriate samples, prepare a log of the materials encountered, and document the well's hydraulic responses to drilling, Particular attention will be given to the up- per85 feet where the flow seal will be placed and to the aquifer zone encountered below 400 feet. At these points in the drilling, our geologist will be on site full time to observe water-level response in the formation and collect representative aquifer samples. These samples will be used to complete a grain-size analysis to aid in the final design of the new well. Screen and fil- ter-pack selection will be made with specific attention to well efficiency while attempting to minimize sand production. During the drilling of non-aquifer material expected between 85 feat and 400 feet, our geologists will be on site occasionally and/or as requested by the drilling firm unless the geology encountered is significantly different from that observed in 1988.This al- laws us to provide services at lower cost without compromising our ability to be adequately informed to ascertain the most appropriate procedures during drilling, completion, development and testing. Task 3:Well Completion and Development Once a final design is determined, we will oversee the preparation of the drilled hole, the placement of the well-screen assembly and pack material, and the exposure of the screen to the aquifer material. We will document these activities in the field. We will then determine and observe the appropriate development process. Robinson Noble personnel will be present dur- ing all relevant components of the completion phase and will maintain a sufficient presence on site during development to ascertain the effectiveness of that process and to determine when development should be considered complete. Task 4: Testing and Analysis Testing of the new well will proceed after the development process has resulted in a stable well upon which testing can be confidently accomplished. Testing will include both step-rate and constant-rate testing. During testing, electronic water-level monitoring equipment will be installed in the original well and the new well in order to generate sufficient data to define the aquifer transmissivity and storage coefficient. Water-quality samples will be collected at the conclusion of testing and submitted to an accredited laboratory for analysis of standard Inorgan- ic constutients (IOCs), volatile organic compounds(VOCs), and bacteriological presence.These laboratory tests will provide information to your system engineers and operators regarding suit- ability of the water for irrigation and any need for treatment. Since the well is expected to tap the same aquifer as the original and that water was suitable, it is anticipated that the water quality will be adequate to your needs, That said, it is prudent to get a baseline definition of the water quality from this specific well for your records. The test data will be analyzed to define the aquifer characteristics, the production characteris- tics of the well itself, and to establish the appropriate production rate for the well. I EXHIBIT A(Continued) Pete Petersen Riverbend Golf Complex- Kent August, 2015 Page 3 Task 5: Report of Construction and Testing of the New Well Following the completion of well construction and testing, we will complete a comprehensive analysis of the collected data and prepare a final well report. This report will include description of the drilling process, discussion of the hydrogeologic setting and aquifer characteristics of the system that supports production from the new well, and a well rating that defines the maxi- mum practical pumping rate and the conditions predicted to occur under that production sce- nario. The report will make recommendations for operating the well and provide information required by your engineer for equipping the well with the appropriate pumping, monitoring, and operations equipment. The report will also provide a section that will facilitate the submittal of an affidavit that demonstrates compliance with the water right provisions of 90.44 100(3) RCW. Cost Estimate Based on our understanding of the project and the conditions outlined in this scope, we esti- mate the cost of our services for the entire scope, as described above, to be $49,550 as de- tailed below. Task 1: Pre-drilling and project management $4,400 Task 2: Drilling Observation $18,500 Task 3: Well completion and Development $9,250 Task 4: Well Testing and Analysis $8,300 Task 3: Well Construction and Testing Report $9,100 TOTAL $49,550 Robinson Noble works on a time-and-expense basis according to the attached Fee Schedule. This estimate will remain valid for 90 days from the date of submittal of this scope. As a cost-savings measure for our clients, each Robinson Noble employee charges their time on a project according to the level of expertise required for a given task (i.e., employees may have more than one billing rate). This allows us to make use of our more experienced staff without unduly impacting project costs, but also means that our clients only pay for the level of expertise applied. This project estimate does not include costs for any extra insurance, business licenses or fees, or applicable local taxes that might be necessary to complete the project, We will request that these additional costs be added to the above total estimate when they become known to us. Rental costs for our standard field equipment and any specialized equipment as detailed in this scope are included in the above estimate, Should additional equipment be deemed necessary or warranted in order to properly complete the project, we will submit a change in scope re- quest with estimated costs based on the equipment rental schedule included in the Fee Schedule. Should the District decide to pursue some or all of the work discussed above, we can proceed with the work within two weeks of notification. We hope this scope of work and cost estimate is adequate for your needs. Please contact us if we can provide additional information or modify EXHIBIT A (Continued) Pete Petersen Riverbend Golf Complex- Kent August, 2015 Page 4 the $Cope of work to better assist you in the placement of the new irrigation well. If at any time prior to or during this project you identify a concern or problem with our work or progress that cannot be resolved by the assigned Robinson Noble project manager, please contact Joseph Becker, our company President, and he will make every effort to resolve the issue to your satis- faction. If you have questions or need additional information, please contact us at your convenience. Thank you for the opportunity to provide continued hydrogeologic services to you in this matter. Respectfully submitted, Robinson Noble, Inc. F. Michael Krautkramer, LHG, RG, CPG Principal Hydrogeologist attachment i EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 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 no less than $1,000,000 each occurrence, $2,000,000general EXHIBIT B (Continued) aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. f / ' © DATE(MMIDDIYYYY) A�® CERTIFICATE OF LIABILITY INSURANCE 10/30/2015 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(les) 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 N.MEACT Trish Fuqua Whitfield-United Leavitt PHONE , (253)565-3500 FqC Nc:(253)565-7209 2121 70th Ave West, #B EbM.A Lss:trish-fuqua@leavitt.com INSURERS AFFORDING COVERAGE NAICp University Place WA 98466 INSURER AAdmiral Insurance Company 24856 INSURED INSURERaAmerican States Insurance C19704 Robinson & Noble Inc INsuRER c: 2105 S. C St. INSURER❑: INSURER E: Tacoma WA 98402 INSURERF: COVERAGES CERTIFICATE NUMBER:14/15 GL/AL/SG/UMB REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY SEE POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MMIODIYYYY) immininryyyyi GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 50,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ A I CLAIMS-MADE ❑OCCUR X Y F41MCC1144802 11/30/201411/30/2015 MED EXP(Any one person) $ 5,000 X Pollution PERSONAL B REV INJURY $ 1,000,000 X Professional GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,000 X POLICY X PRO LOC $ AUTOMOBILE LIABILITY Eeecdcon NED SINGLE LIMIT S 1,000,000 B ANY AUTO BODILY INJURY(Per person) $ '.. ALLOMED SCHEDULED 01C13121726 11/30/201411/30/2015 BODILY INJURY(Peraccldenl) $ AUTOS AUTOS PROPERTYden DAMAGE X HIRED AUTOS X NON-OWNED Per acc i $ X UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAR CLAIMS-MADE AGGREGATE $ 5,000,000 EIEX51144902 il/30/201411/30/2015 $ OE❑ X RETENTION$ 10,00 A WORKERS COMPENSATION VJC STATU- OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN EL EACH ACCIDENT $ 1,000,000 OFFICERMEMBER EXCLUDED? NIA 11/30/2014 11/302015/IECC1144802 ;,�� E.L.DISEASE-EA EMPLOYE $ 1,000,000 (Mandatory In NH) If yes,describe under A Stop Gap E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) RE: Riverbend Golf Complex New Well-RN City of Kent is additional insured as required by written contract per attached endorsements ECC319 07/12 and ECC548 07/12. '.. CERTIFICATE HOLDER CANCELLATION losborn@KentWA.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent 220 4th Ave. S. AUTHORIZED REPRESENTATIVE Kent, WA 96032 Mark Hanks/TRPUQU ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. I NS029 r901nnsi ni The Artf1RD namo and Inrvn ern ronicfnrnd mark-of ACr1Rrt Robinson Noble Inc '... Endorsement Number:5 A *Z=1 Automatic Additional Insured ®Owners, Lessees or Contractors This endorsement,effective 1 113 0/2 0 1 4 attaches to and forms a part of Policy Number FEI-ECC-11448-02,This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization- Any persons)or organization(s)whom the Named Insured agrees, in a ' written contract,to name as an additional insured. However,this status exists only for the project specified in that contract. The person or organization shown in this Schedule is included as an insured,but only with respect to that person's or organization's vicarious liability arising out of your ongoing operations performed for that insured. i ECC-319-0712 Robinson Noble Inc Endorsement N Number: 15 mot' Automatic Primary and Non-Contributory Insurance Endorsement Designated Work or Project(s) This endorsement,effective t 1/3 012 0 1 4 attaches to and forms a part of Policy Number FEI-ECC-11449-02.This endorsement changes the Policy. Please read it carefully. SCHEDULE ! Name of Person or Organization: Any person(s)or organization(s)whom the Named Insured agrees,in a written contract,to provide Primary and/or Non-contributory status of this insurance. However,this status exists only for the project specified in that contract. In consideration of an additional premium of SADplied and notwithstanding anything contained in this policy to the contrary,it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(&)or organization(s)named in the schedule may have is excess and non- contributory to this insurance. ECC-548-0712 � M Q I old w j 1 a"in ij- 1 r. n ivy "I W 4 . I I I, w j tt V'' 1 1, w f 0i Rkl'MvAY0,R,,!$1 SIGNA, TU WIT"t I IM w �01 u J Q ni zle: E Kj i. TA AS LIU n Q �C M 11 11` Mon :7 S BUT` jr It VIII 'I. 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