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HomeMy WebLinkAboutPW16-063 - Original - GeoEngineers, Inc. - S 212th St Erosion Repair - 02/23/2016 1Y M } t , " cords x 't �ge eYn, t KENT Document W . 4OTON T 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: ?10 1U - 61 L97 This is assigned by City Clerk's Office Project Name: S. 212`h St Erosion Repair Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Z-j2-�5f)Lo 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: Steve Lincoln Department: Engineering Contract Amount: $27,283.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Provide geotechnical, hydraulic, and permitting assistance for the repair project. i As of: 08/27/14 KENT w-1-T- CONSULTANT SERVICES AGREEMENT between the City of Kent and GeoEngineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington, located and doing business at 600 Stewart St., Suite 1700, Seattle, WA 98101, Phone: (206) 239- 3239/Fax: (206) 728-2732, Contact: Jon Ambrose (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide geotechnical, hydraulic, and permitting assistance for the S. 212th Street Erosion Repair project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Seven Thousand, Two Hundred Eighty Three Dollars ($27,283,00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B-1. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. For claims arising or alleged to arise from Consultant's professional services only, Consultant's duty to defend and indemnify under this paragraph shall be limited to claims, injuries, damages, losses or suits asserted on the basis of negligence or willful misconduct. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. I 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. 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$20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. i CONSULTANT: CITY OF KENT: 1 s Al" By: t f d v_r By.( -- sig tire) �$/; (signature) Print Na ' t� t^tj6x�5r? Print Namef. uzette Cooke Its e1* v ` 5svr"%� Its Mayor DATE: �� �) DATE: 8 I1> NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: ]on Ambrose Timothy J. LaPorte, P.E. GeoEngineers, Inc. City of Kent 600 Stewart St., Suite 1700 220 Fourth Avenue South Seattle, WA 98101 Kent, WA 98032 (206) 239-3239 (telephone) (253) 856-5500 (telephone) (206) 728-2732 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: / ' I I Kent Law Department GeoEngineers-212"Erosion Repalrrunmm 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. I By: R I For d �A Z Title: Dater EEO COMPLIANCE DOCUMENTS - 1 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. 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. SOUTH 2127H STREET EMBANKMENT REPAIR GEOTECHNICAL, HYDRAULIC,AND PERMITTING ASSISTANCE SERVICES KENT,WASHINGTON JANUARY 28,2016 FILE NO.0410.196-00 INTRODUCTION The purpose of the project is to design and permit what Is likely to be a temporary mitigation measure to address erosion of the South 212M roadway embankment. The north side of the embankment was damaged about 200 feet east of the South 212th and 91st Place South intersection.We visited the site on January 19, 2016 with City of Kent (City) staff and observed that the North Fork of Garrison Creek had encroached on the roadway embankment and has eroded some of the embankment material. We understand that the City has closed the turn lane in the area directly above the eroded area as a public safety precaution. At the request of the City,we also met with, along with City staff,the Washington Department of Fish and Wildlife (WDFW)Area Habitat Biologist at the site on January 27 to discuss conceptual repairs, including stabilizing the embankment and re-routingthe stream channel.The outcome of that meeting was to direct the City towards investigating temporary, near-term repairs, followed by design, permitting, and construction of a permanent repair.The purpose of our services is to complete a slope stability analysis of the current embankment,offer potential temporary stability measures,if possible,that can be implemented under the scope of an emergency permit. We anticipate that our design will also include a temporary re-routing of the creek away from the embankment and supporting the embankment to increase the stability of the existing wall. The outcome of the geotechnical analysis will Identify whether temporary measures can meet the desired level of stability. If feasible under the emergency permits,we propose to design a high flow bypass to route high stream flows away from the embankment, which can become the primary channel during a full stream re-route in the future. SCOPE OF SERVICES This scope of work includes developing conceptual level designs that the City and GeoEngineers, Inc. (GeoEngineers)can use in discussions with WDFW In our request for an Emergency or Expedited Hydraulic Project Approval (HPA). If WDFW concurs with the design approach, we will develop more detailed design drawings suitable for public bid including an estimate of material quantities and an engineer's cost estimate.We understand that construction of the repair will go out to public bid and that the City will lead the bidding and contracting process.Specific tasks and scope items are presented below: City of Kent.January 29,201G Page 2 I Task 1.Stream Channel Design 1. Field Assessment to evaluate site hydrology,geomorphology,aquatic habitat, Identify potential stream alignments and flag survey limits for City survey crews. We assume the City will provide topographic survey within two weeks of the field assessment. 2. Develop concepts for a temporary channel re-alignment. 3, Develop concepts for a high-flow bypass that may be allowable under the emergency permits, 4. Develop concept level drawings to depict the design. Task 2,Geoteclmical Design 1. Review existing information, including in-house reports and data provided by the City.We will review a geotechnical design report prepared by us In 2003 for the retaining wall. This report was prepared in support of off-site improvements forthe Wince property.We also assumeto receive as-built plans from the Cityforthe road embankment,retaining wall and slope.If as-built plans cannot be provided,we will assume that the wall was constructed per WSDOT standards at the time the wall was completed. I 2, Perform a slope stability analysis of the existing condition.The results of this analysis will be provided in a memorandum for inclusion with emergency permit submittals.The results of this analysis will be used to evaluate the current failure risk posed by the embankment and to determine If additional interim measures are required to protect public safety. 3. Perform a slope stability analysis of the as-built condition and of the proposed repair.The purpose of our analyses Is to evaluate the effectiveness of temporary measures to return the embankment to Its initial stability, prior to the erosion. 4, Provide recommendations for rebuilding the eroded slope.We will offer temporary measures allowable under emergency permits if analysis demonstrates an acceptable level of stability; if no temporary measures are adequate, we will recommend permanent repair solutions. Based on our observations during our site visit,we anticipate that the slope can be repaired by replacing the eroded material with rock or soil fill. If our analysis Indicates that this does not provide adequate stability, or if the erosion continues and further Impacts the retaining wall, more extensive repairs could be required. We will provide a revised scope and budget if that occurs. Task 3.Permitting Assistance 1. Coordinate with WDFW regarding this project.We assume the City will lead coordination efforts and we will support the Citywith technical analysis and design. 2. Meet on site with WDFW and other interested stakeholders to describe the conceptual plans. Task 4.Develop Design Drawings anQ Engineers Cost Estimate 1. Complete additional required engineering and design analysis to revise plans based on WDFW comments on conceptual plans. We assume the City will provide base maps derived from topographic survey within two weeks of contract approval. 2. Complete design drawings to a level suitable for a competitive bid.We assume that GeoEngineers will be present during construction to Interpret design elements. A separate contract will be required for that task and Is not covered under this scope of work. GEOENGINEERS� Mlle W MO3 19600 r City of Kent!January 29,2M6 Page 3 3. Develop materials and quantities lists for construction planning and internal budgeting purposes. 4. Develop an engineer's cost estimate of the final design concept USJA:tt:cam Attachment: Exhibit B.Fee Estimate bisclalmer,Anyelectronicform,facsimile or hard copyofthe original docmnentlamall,text,table,and/orfigare),if provided,and anyattechments are onlya copy orthe original document.The original docn ment is stored by GeoEngineers,Inc.and will serve as the official document of record. Copyright0 2016 by GeoEngineers,Inc.All rights reserved, ICI I GWENGINEERS� FU W.041tr195-00 Exhibit B-1 Fee Estimate City of Kent Geotechnical, Hydraulic, and Biological Permitting Services South 212th Embankment Repair Kent,Washington Total Personnel Task 1 Task 2 Task 3 Task 4 Hours X Rate = Cost Gar Principal Squires) 2 2 x $224 = $468 P (Garry Associate(Jon Ambrose) 16 16 8 40 X $215 $8,60D Senior Geotechnclal Engineer(Lyle Stone) 12 8 20 X $205 = $4,100 Project Scientist 2(Various) 16 16 16 48 x $168 = $8,064 Staff Engineer 2(Various) 24 24 X $128 — $3,072 CAD Designer(Various) 5 16 21 X $109 $2,289 Support(Various) 2 2 X $95 = $190 Subtotal Personnel Cost(direct costs) $26,783 Other Expenses Reproduction,Mileage,other Expenses $500 Subtotal(indirect costs) $500 Total Estimated Costs $27,288 i I File No.04104.90-00 e, G M E N G I N E E R S� Table B-1 I January 28,2016 EXHIBIT S 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 $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than 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. EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liabilitv insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liabilitv insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT C (Continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than 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. GEOEINC-01 PATHAKAL CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDO Y) 211612016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the Certificate holder In lieu of such endorsement(s). CONTA PRODUCER NAME:CT Willis Towers Watson Certificate Center - Willis of Seattle,Inc. AlCNEo E,t,(877)945-7378 jn/c rva: (888)467.2378 c/o 26 Cantu rryy Blvd E-MAIL - - -- -- P.O.Box 305191 ADDRESS: _ -- Nashville,TN 37230-5191 INSURERS)AFFORDING COVERAGE NAIC 4 INSURER A:Travelers Property Casualty Company of America 25674 INSURED INSURERB:Travelers Indemnity Company 25658 GeoEngineers,Inc. INSURERC:Liberty Insurance Corporation 42404 600 Stewart St INsuRER.:Liberty Mutual Fire Insurance Company 23036 Suite 1700 _-- - --- -- -- Seattle,WA 98101 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _.. LTft 7DM L POLICY EFF POLICY EXPINSR LIMITSTYPEL GNERAL LIAABILR EACH OCCURRENCE $ 1,000,000 100,000 RANCEPOLICY NUMBER MMIODfVV _ _ A X CLAIMS- GENE rPAMAGETOR - _ CLAIMS-MADE X.) P-B80-533D1564-TIL-15 03/31/2015 03/31/2016 PREMISES(Ea occurrence $ __ MED EXP(Any one person) $ 5,000 PERSONAL B ADV INJURY $ 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY Ii� PRO- /s ] LOC PRODUCTS-COMPIOP AGO $ 2,000,000 JECT u S AUTOMOBILE LIABILITY Ed ccddeotSINGLE LIMIT IIS 1,000,000 B X ANY AUTO X P-810-532D8375-IND-15 03/31/2015 03131/2016 BODILY INJURY(Porperson) S ALL OWNED :SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS - - I, NON-OWNED -PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per aceldenl) $ I X UMBRELLA LIA6 X OCCUR EACH OCCURRENCE $ 1,000,000 ! O EXCESS LIAB cLAIMs-MADE X TH7.661-066735-015 03/31/2015 0313112016 AGGREGATE $ 1,000,000 DED X RETENTIONS 10,000 _ _ $ WORKERS COMPENSATION X STATUTE �ORH-- AND EMPLOYERS'LIABILITY YIN 1,000,000 D ANY PROPRIETOR/PARTNERIEXECUTIVE NIA C2-Z91-451667-015 ! 03/31/2015 03/31/2016 E.L.EACH ACCIDENT $ -- OFRCERIMEMBER EXCLUDED? 1,000,000 , (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under E.L.DISEASE-POLICY LIMIT $ 1,0D0,000 DESCRIPTION OF OPERATIONS below - i i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Re:GeoEng Insets Project No.0410.196-00 City of Kent/S 212th St Repair Project City of Kent is included as an Additional Insured as respects to General Liability,Auto Liability and Umbrella/Excess Liability as required by written contract. I General Liability and Auto Liability policy shall be Primary and Non-contributory with any other Insurance in force for orwhich may be purchased by Additional Insureds as required by written contract. WA Stop Gap,USL&H and Maritime Employers Liability coverage is included under Workers'Compensation coverage evidenced above. I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent AUTHORIZED REPRESENTATIVE Attn: Nancy Yoshitake 400 West Gowe47.rSYn.d.� GPYr✓ Kent WA 98032 ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD 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 It —WHO IS plies only to such "bodily injury" or "property AN INSURED: damage"that occurs before the end of the pe- riod of time for which the "written contract re- Any person or Organization that you agree in a written contract requiring insurance"to include as quiring insurance" requires you to provide an additional insured on this Coverage Part, but: such coverage or the end of the policy period, whichever is earlier. a. Only with respect to liability for"bodily injury"'"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 is excess over any valid and collectible "other in- of "your work" to which the "written contract , whether primary, excess, contingent requiring insurance" applies. The person Or surance" ngent or organization does not qualify as an additional on any other basis, that is available to the addi- insured with respect to the independent acts tional insured for a loss we cover. However, if you or omissions of Such person or organization. specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- The insurance provided to such additional insured ditional insured under this Coverage Part must is limited as follows: apply on a primary basis or a primary and non- c. In the event that the Limits of Insurance of contributory basis, this insurance is primary to this Coverage Part shown in the Declarations "other insurance" available to the additional in exceed the limits of liability required by the sured which covers that person or organization as "written contract requiring insurance", the in- a named insured for such loss, and we will not o 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" speclfi- rencenotice as soon e practicable of re "occur- cally requires you to provide such coverage claim. or an offense which may result ti e for that additional insured, and then the insur- claim. in the extent possible, such notice ance provided to the additional insured ap- should include: CG D4 14 04 08 ©2005 The Travelers companies,Inc. Page 1 of 2 o05B06 i I II COMMERCIAL GENERAL LIABILITY I i. How, when and where the 'occurrence" any provider of other insurance which would j or offense took place; cover the additional insured for a loss we ii. The names and addresses of any injured cover. However, this condition does not affect l 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 once available to the additional insured which offense, covers that person or organization as a named insured. b. If a claim is made or "suit' is brought against the additional insured, the additional insured 4. The following is added to the DEFINITIONS Sec- must: tion: i. Immediately record the specifics of the "Written contract requiring insurance" means that claim or"suit' and the date received; and part of any written contract or agreement under which you are required to include a person or or- ii. Notify us as soon as practicable. ganization as an additional insured on this Cover- The additional insured must see to it that we age Part, provided that the "bodily injury" and receive written notice of the claim or"suit' as "property damage" occurs and the "personal in- soon as practicable. jury"is caused by an offense committed: c. The additional insured must immediately send a. After the signing and execution of the contract us copies of all legal papers received in con- or agreement by you; nection with the claim or"suit', cooperate with b, While that part of the contract or agreement is us in the investigation or settlement of the in effect; and claim or defense against the "suit', and oth- erwise comply with all policy conditions, c. Before the end of the policy period. d. The additional insured must tender the de- fense and indemnity of any claim or "suit" to Page 2 of 2 ©2ne8 The Travelers Companies,Inc. CG D4 14 04 08 COMMERCIAL AUTO POLICY NUMBER: P-810-532DB375-IND-15 ISSUE DATE: 3/31/2016 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organ ization(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 11 of the Coverage Form. r= III Illiv CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 000ess Terra Insurance Company (A Risk Retention Group) FTE-RRA Two Fifer Avenue, Suite 100 INSURANCE COMPANY Corte Madera, CA 94925 CERTIFICATE OF INSURANCE DATE 02/16/16 NAME AND ADDRESS OF INSURED GeoEngineers, Inc. 8410-154th Avenue,N.E. Redmond, WA 98052 This certifies that the"claims made"insurance policy(described below by policy number) written on forms in use by the Company has been issued. This certificate is not a policy or a binder of insurance and is issued as a matter of information only, and confers no rights upon the certificate holder. This certificate does not alter, amend or extend the coverage afforded by this policy. The policy of insurance listed below has been issued to the Insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy. Aggregate limits shown may have been reduced by paid claims. TYPE OF INSURANCE Professional Liability POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 216019 01/01/16 12/31/16 LIMITS OF LIABILITY $2,000,000 EACH CLAIM $2,000,000 ANNUALAGGREGATE PROJECT DESCRIPTION GeoEngineers Project No. 0410-196-00 City of Dent/S 212th St Repair 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 Attn:Nancy Yoshitake 400 400 West Gowe Kent, Washington 98032 President REQUEST FORMAYOR'S SIGNATURE 'Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by D reCtdr_ Ori inator:Steve Lincoln Phone (Originator). 5552 Date Sent: .,;10>rate Date Required: Return Si ned Document to;Nancvvos stake Contract Termination Date: 12/31/16' VENDOR NAME: Date Finance Notified: �eOEil�I1lB8(S Inc. (only required on contracts 2/9/16 10 000 and over or on any Grant DATE OF COUNCIL APPROVAL; Date Risk Manager Notified:N/A 31+/16 " a (Required on Non-City Standard Contracts/Agreements) Has this Document been Specifical!ly Account Number: R90103 Authorized in the Budget? a YES NO Brief Explanation of Document: The attached agreement is for GeoEngineers to provide;geotechnical, hydraulic, and permitting assistance for the S. 212th St. Erosion Repair project. All Contrac h e Through The taw Department is area to be completed by the Law Department) Received: tt v°finC _- t w �Approval of of Law Dept.; LSE , t .. :Law De t Comments: 'Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received,. Recommendations and Comments: = r IGzy f ` ' Disposition:4 Date Returned: etc i17 cat pmremneaqu sim n.,� ,�omeemc