Loading...
HomeMy WebLinkAboutPW16-103 - Original - GeoEngineers Inc - S 208th St Road Repair - 03/22/2016 NNE 8111 ecords fi em SMASHINOTON / /// L./'ocuA + UMW✓nt 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 Dumber Contract Dumber: u - 103 This is assigined by City Clerk's Office Project Dame: South 208t" Street Road Repairs Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment xContract El Other: 1 ILI Contract Effective Date: gate of 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: Stephen Lincoln, P.E. Department: PW -- Engineering Contract Amount: 38,076.00 Approval Authority: F Department Director X Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): The Consultant shall evaluate alternatives for stabilizing the south shoulder of South 208t" Street in lent, WA. As of: 08/27/14 K • ENT WAZHINOTDN CONSULTANT SERVICES AGREEMENT between the City of Kent and GeoEngineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington, located and doing business at 1101 S. Fawcett Ave., Suite 200, Tacoma, WA 98402, Phone: (253) 383- 4940/Fax: (253) 383-4923, Contact: Lyle Stone (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall evaluate alternatives for stabilizing the south shouler of South 208tn Street in Kent, WA. 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 Thirty Eight Thousand, Seventy Six Dollars ($38,076.00), 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. 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. 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; Qrovided, 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: By: By. (sign-ature) (signature) Print Name: 4'1./t/cr I te,5's Pr'nt Na Suzette Cooke -- - Vc Its ff it Ma vor (title) DATE: '3 DATE: r, NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Lyle Stone Timothy J. LaPorte, P.E. GeoEngineers, Inc. City of Kent 1101 S. Fawcett Ave., Suite 200 220 Fourth Avenue South Tacoma, WA 98402 Kent, WA 98032 (253) 383-4940 (telephone) (253) 856-5500 (telephone) (253) 383-4923 (facsimile) (253) 856-6500 (facsimile) A D AST FORM� PPRO7v�- vv� Kent Law Department [In this Geld,you may enter the eEectrunic fflepath where the contract has been saved] CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) DECLARATION CITY OF {ENT 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. 1 have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: 0 A tX For: Title: it( Al C 1' — Date: 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: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A GEOENGINEERS, INC. SOUTH 2O87111 ROAD STABILIZATION AND REPAIR GEOTECHNCiAL ASSESSMENT AND RECOMMENDATIONS KENT,WASHINGTON FEBRUARY 12,2016 FILE NO.0410-197.00 INTRODUCTION The purpose of this project is to evaluate alternatives for stabilizing the south shoulder of South 208th Street in Kent, Washington. The project is located on South 208th Street near the intersection of 92nd Avenue South.This section of South 208th Street connects the Kent valley to the East Hill. West of 921ld Avenue South, South 208th Street appears to be constructed on a fill that is an approach embankmentfor a bridge that crosses over State Route 9.67.East of 92nd Avenue South,South 208th Street Is built into the hillside with a out slope on the north side of the road and a fill slope on the south side of the road. There is an approximate 1.00 foot long section on the south side of the road that has signs of sloughing and slope movement.The pavement In this area is cracked and slightly lower than the surrounding pavement. There also appear to be erosion channels on the slope to the south of the road. We understand that there are plans to install a guardrail on the south shoulder of the road.The City of Kent (City) Is also exploring options for stabilizing the slope at the same time these improvements are constructed. SCOPE OF SERVICES The purpose of our services is to collect subsurface data and to provide recommendations for slope improvements.Our recommendations will be provided in two parts. Preliminary recommendations will be provided for different slope stabilization methods so thatthe alternatives can be evaluated and a preferred alternative selected.After an alternative has been selected and a project alignment is established we will provide more detailed final recommendations for the selected alternative.Our specific scope of services for the alternative identification and final design phases of the project includes: 1. Review existing subsurface data.We will review readily available geologic maps and select data from our in-house files. 2. Advance up to three subsurface explorations along the south shoulder of the road in the area of sloughing.The explorations will extend about 60 feet below ground surface(bgs).We have budgeted for a total of 1.80 feet of drilling.We will mark our explorations and contact Washington State One-Call prior to starting drilling.A lane closure with traffic control will be required to complete our explorations. We have assumed that the City will provide required street use permits. City of Kent( February 12,2016 Page 2 3. Performing a reconnaissance of the slopes surrounding the project site. The top of the slope to the north(upsiope)of the road is on private property.Accordingly,the reconnaissance of this slope will be performed visually from the roadway below. 4. Providing preliminary geotechnical engineering recommendations. These preliminary recommendations will be used for planning, budgeting, and selecting a preferred repair method.We anticipate the alternatives evaluated and the preliminary design recommendations provided will address: ■ Road Realignment This option would include realigning the road to the north and cutting into the existing hillside.We will provide an opinion on how far the road would need to be moved to the north to be reestablished on firm ground.We will also provide an opinion on the allowable Inclination of the north cut slope. ■ Soldier Plle Retaining Wall. This option would consist of installing a soldier pile wall on the south side of the road.We will provide recommendations for minimum soldier pile embedment depths and provide our opinion on whether a tie-back system is required. ■ Structural Earth Wall.This option would consist of constructing a structural earth wail on the south side of the road. We will provide recommendations for minimum toe embedment and recommendations for minimum reinforcing grid length required for global stability. ■ Casth-Place Retaining Wall.This option would consist of constructing a cast-in-place retaining wall on the south side of the road. We will provide recommendations for using Washington Statd'-Oepartment of Transportation (WSDOT) standard retaining walls. We will also provide recommendations for wal I setback distances and embedment depths. '5. Presenting the results of our research,explorations, analysis,and preliminary recommendations in a geotechnical report. 6. Reviewing preliminary (60 percent design level) plans. We anticipate that the preliminary plans will include proposed wall elevations and alignments. 7. Finalizing our design recommendations for the selected alternative and preparing a final geotechnical design report for advancing the plans to the 100 percent design level and for inclusion in project specifications. This scope of services does not Include construction management or construction observation and documentation services.These services will be provided under a future scope of services and budget,as needed. U5:GHS:tteh Attachment Exhibit B.Fee Estimate Disclaimer.Any electranicionn,facsimile or bard copy of the original document(email,text,table,and/orflgure),If provided,and anyattachments are only a copy of the original document.The original documant is stored by GeoEngineers,Inc.and will serve as the official decumentof record. Copyright©2016 by GeoEngineers,Inc.All rights reserved. GEOENGINEER u�..^.,ate a.S?s'�. -:�...��..z�`'��.,�vi�•.�!;+�,i�.@ a§a.K..,,:.'�„': -t..... F � _._..,wax r..,xy ,. ,.,. He No.0410.197-00 .� ■ � � gkcq %11$ § kK a - - - kk - 2 § § � o § co � ® m 2 2 k I'l § « m 2 ■ 110- CL — � k ) n # m � � m � 2 E � _ g © § to m S B 2 o /% k 0 "Cc ( too $ e § § / � 2 � k ¢ $ 2 - 2 © m ■ e . ■ g 2 Ll � � � � ■ ■ N n # # a $ \ � 2 � C q k i £ 7 § / WE a m 2 f . _ 2 $ §2 c z 0 2 g a co a 2 lo ) § � ) k - � k 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 1185 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. EXHIBIT C (Continued) 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. 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 n6t less than ANII. EXHIBIT C (Continued) 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 POOJARYVS DDlYYYY) E(MMl CERTIFICATE OF LIABILITY INSURANCE DAT EMM] 016 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). PRODUCER CONTACT NAME: Willis Towers Watson Certificate Center Willis of Seattle,Inc. PHONE FAX ggg - -2378 Century 26 Centu Blvd (AfC,No,Ext). $77)945-737 (arc,No). ( P.A.Box 305i91 E-MAIL certificates@willis.com Nashville,TN 37230-5191 INSURER(S)AFFORDING COVERAGE. NAIC& INSURERA:Travelers Property Casualty Company of America 25674 ......... ENSURED INSURERB:TraVelers Indemnity Company 25658 GeoEngineers,Inc. INSURER C:Liberty Insurance Corporation 42404 8410154th Ave.NE INSURER D:Liberty Mutual Fire Insurance Company 23035 Redmond,WA 98052 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 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. IMSRi ......... .. ...... . . ........ .. ...ADDL"iSUBR.,, POLICYEFF POLICY EXP LTR TYPE OF INSURANCE IN SD WVD POLICY NUMBER tNMlDDlYYYY MMlDDlYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 1,000,000 I � J CLAIMS-MADE X I OCCUR X P-660-533 D1 564-TIL-1 5 j 0313112015 DAMAGE TO RENTED 0313112016 PREMISES.(Ea occurrence?... S, ... 100,000 MED EXP(Any one person) 5 5,000 PERSONAL aADVINJURY s 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY I X..a EO l X � LOC PRODUCTS-COMP/OP AGO 5. 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 (Ea accident) B X ANY AUTO X P-810-532DB375-IND-1'5 03/31/2015 0313112016 BODILY INJURY(Per person) 5.. AULL OWNED SCHEDULED 'A TOS AUTOS . BODILY INJURY(Per accident) NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LEAK CLAIMS-MADE X TH7-661-066735-015 03/3112015 03/3112016 AGGREGATE 5 1,000,000 ...., DED X RETENTION$ 10,000..... $. WORKERS COMPENSATION X. PER OTH AN.D EMPLOYERS`LIABILITY STATUTE_ .,ER ... D ANY PROPRIETORfPARTNER/EXECUTIVE YIN WC2-Z91-451667-015 03131/2015 03/3112016 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? f N N f A - - -- -. -. (Mandatory in NH) F.L.DISEASE-EA EMPLOYEE$ 1,000„000 If yes,describe under .... ._ ,,,. ,,,,,.„.,„„ ,,,,,,,,,,,,,,,. ,,,,, ,,, _,,,,,,,,....... DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES IACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:City of Kent,South 208th Street.GeoEngineers No.0410-197-00 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. General Liability and Auto Liability policies shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insured as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Kent 400 West Gowe Kent WA 98032 O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD . ^ POLICY NUMBER: P-68O-533D1584-OL-15 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REA[> (TCAREFULLY. BLANKET ADDITIONAL INSURED _~ WRITTEN CONTRACTS ON7RACTS (ARCHITECTS, ENGINEERS AND ��UD��^����r���w�t ����o� � �~ u ��u���� This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL L|AB|L(TY COVERAGE PART 1. The following is added |o SECTION || -WHO IS plies only to such "bodily injury" or "property AN INSURED: damage"that occurs before the end of the pe- Any person or organization that you agree in a �od of time for which the "written oun\reci re- .,written contract requiring insurance"tuinclude aa~// quiring insurance" requires you to provide an additional insured on this Coverage pert' but: such coverage or the end of the policy pehod, whichever isearlier. a- Only with respect to liability for"bodily injury''. "property damage" or"personal inju8/� and 2. The following is added to Paragraph 4.a. of SEC- TION |V - COMMERCIAL GENERAL LIABILITY b. If, and only to the extent that, the injury or CONDITIONS: damage is caused by acts or omissions of The insurance p you or your subcontractor in the performance is 1n the additional insured in- of "your mmr�^ to which the "written contract requiring excess over any valid and collectible ^otherin- mquihng insurance" applies. The person or sumnoe°. whether primary, uxcaou` contingent or organization does not qualify as an additional on any other bmsis, that is available in the addi- insured with respect to the independent eois tinna� insured for |oxn we cover. However, if you or omissions of such person or organization. specifically agree in the ''written contract requiring �oaunanco'' t�a1this insurance provided t� th� Thm insurance provided to such additional insured ad- ditional insured under this Coverage part must ia limited aofollows: apply on u primary basis or a pdmmry and non- c. In the event that the Limits of |naunuooe 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 sued which covers that person or organization as ~vvh�en contract insurance", the i� a named insured for loss, and we will not ' - . surancm provided to the additional insured share with that "other insurance". But this insur- shaUbeUmdedtotbeUmitsof[iabi|hyrequired unce provided tn the additional insured still [o ex- by 1hat ^wriVen contract requiring insurance". ocss over any valid and collectible "other insur- -=== Thia endorsement shall not increase the limits anoe",, whether primary, oxcwns, oonginAaoL or on of insurance daamihad in Section III - Limits any other basis, that is available t* 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". img of or failure to render any "professional 3. The following is added to SECTION |V - CONl- samioeu^ or construction management errors MERC|AL GENERAL LIABILITY CONDITIONS: o/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 dmmage" caused by "'your tiuna|inoun*d work" and included in the "products- a The additional: insured must give us written completed operations hazard" unless t%� ' ~ notice as soon as pnedioeb�e of an ~mcoup --- "written contract requiring insurance" speuifi' ooUy requires you to provide such coverage nenno" or an offense which may result in o for that additional imsured, and then the imsur- claim. To the extent possib|e, such notice � once provided to the additional 'insured include: d ap- CGO41404 08 C 2mno The Travelers Companies,mc Page of vonn� COMMERCIAL GENERAL LIABIU IY i. How, when and where the 'occurrence" any provider of other insurance which would or offense took place; cover the additional insured for a loss we ii. The names and addresses of any injured cover. However, this condition does not affect persons and witnesses; and whether this insurance provided to the addi- iii. The nature and location of any injury or tional insured is primary to that other insur- damage arising out of the `occurrence" or ance available to the additional insured which offense. covers that person or organization as a named insured. b. If a claim is made or "suit" is brought against the additional insured, the additional insured 4. The following is added to the DEFINITIONS Sec- must: tion: i. Immediately record the specifics of the "Written contract requiring insurance" means that claim or"suit"and the date received; and part of any written contract or agreement under ii. Notify us as soon as practicable. which you are required to include a person or or- ganization as an additional insured on this Cover- The additional insured must see to it that we age Part, provided that the "bodily injury" and receive written notice of the claim or"suit" as "property damage" occurs and the "personal in- soon as practicable. jury"is caused by an offense committed: c. The additional insured must immediately send a. After the signing and execution of the contract us copies of all legal papers received in con- or agreement by you; nection with the claim or"suit', cooperate with b. While that part of the contract or agreement is us in the investigation or settlement of the in effect; and claim or defense against the "suit', and oth- erwise comply with all policy conditions. c. Before the end of the policy period. d. The additional insured must tender the de- fense and indemnity of any claim or "suit' to Page 2 of 2 ©2008 The Travelers Companies,Inc. CG D4 14 04 08 COMMERCIAL AUTO POLICY NUMBER: P-810-532D8375-IND-15 ISSUE DATE: 3/31/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATE® INSURE® This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organization(s): ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED TO INCLUDE AS AN ADDITIONAL INSURED ON THIS COVERAGE FORM IN A WRITTEN CONTRACT OR AGREEMENT THAT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGE " OCCURS AND THAT IS IN EFFECT DURING THE POLICY PERIOD . m d (If no entry appears above, information required to complete this endorsement will be shown in the Declarations 0 as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. o� o= a CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 DD0659 POLICY NUMBER: P-660-533D1564-TIL-15 ISSUE DATE: 04-20-15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CAN CELLATIONMONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 NONRENEWAL: Number of Days Notice of Nonrenewal: PERSON OR ORGANIZATION: ANY ENTITY WHO REQUIRES CANCELLATION NOTICE OF THE NUMBER OF DAYS HERE DESCRIBED ^�— ADDRESS: N O O .ram C1 �.e PROVISIONS: A. If we cancel this policy for any statutorily permit- B. If we decide to not renew this policy for any statu- ted reason other than nonpayment of premium, torily permitted reason, and a number of days is and a number of days is shown for cancellation in shown for nonrenewal in the schedule above, we the schedule above, we will mail notice of cancel- will mail notice of the nonrenewal to the person or ,= lation to the person or organization shown in the organization shown in the schedule above. We schedule above. We will mail such notice to the will mail such notice to the address shown in the address shown in the schedule above at least the schedule above at least the number of days number of days shown for cancellation in the shown for nonrenewal in the schedule above be- schedule above before the effective date of can- fore the expiration date. cellation. IL T4 00 12 09 ©2009 The Travelers Indemnity Company Page 1 of 1 010552 Terra Insurance Company (A Risk Retention Group) T�ERRA Two Fifer ,avenue, Suite 100 INSURANCE COMPANYCorte Madera, CA 94925 CERTIFICATE OF INSURANCE DATE 03/10✓16 NAME AND ADDRESS OF INSURED CieoEngineers,Inc. 841.0-154th 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. TYKE OF INSURANCE Professional Liability POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 216019 01/01/16 12/31/16 LIMITS OF LIABILITY $1,000,000 EACH CLAIM $1,000,000 ANNUAL AGGREGATE ._......... ......... PROJECT DESCRIPTION South 208th Street Repair, City of Kent. GeoEngineers No. 0410-197-00 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 Yashitake 220 Fourth Avenue South Kent, Washington 98032 President Washington Mate Department of ; `a r Employer Liability Lobar and Industries 1' Certificate w. Department of Labor and Industries Employer Liability Certificate Date: 03/1 0/2016 UBI #: 600 375 010 Legal Business Name: Account #: 429,351-00 'Doing Business As' Name: GE©ENGINEERS INC Estimated Workers Reported: Quarter 4 of Year 2015 "Greater-than 100 (See Description Below) Workers" Workers' Comp Premium Status: Account is current. Firm has voluntarily reported and paid their premiums. Licensed Contractor? Yes License: GEG:ENI*1107E Expire Date: 5/9/2017 Account Representative: TI / FEARAED FEROZE (360)902-4797 ,°l 4 Entail: FERH235@lni.wa.gov ini.wa.gov What does "Estimated Workers Reported" mean` Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (Sec RCW 51.12.050 and 51 .16.190). vol", ............... Ml, %'Zug,; %/..........V//, ME Iwvg M— ,///-/,/,/zlzz... ......... I I'M lll A, e/T/xt in Igg� p, M , / IN, a/m n Iy/ig, u re a&0 n,,,/� gz, -AC�II ..........—'111/111 n E Q OPP/ 5"D- CO U L/P!� M M/ '41 5-1-11,11,11,11z,400 "MY 2,266 R/A ei h",l,i v zom ov, md vaw I'M ��gxm—ffi..........................7 r�vlyx' mp, IOWN/ g/ IEWMIR/ vo .......... 0. lz jo, ','z z,/, gg /... ....... M WO ........... ......... 7— 77 0/1 go 7, z M a2m pv //w A mv//Own 'Al E I ..... . ....M 11....I................. CITY OF KENT ' UAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This harm shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of GeoEnglineers, Inc. Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as S. 2081i, St. Road Repair - Contract 2 that was entered into on the December 28 016 (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: tv r't " Title: ,+ '. Date: 1 P - W3 EEO COMPLIANCE DOCUMENTS - 1