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HomeMy WebLinkAboutPK16-446 - Original - HWA GeoSciences - Morrill Meadows/East Hill Park Geotechnical - 12/19/16 t ENT Document WqB MINOTON 5')��; 9 S In 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: HWA GeoSciences Vendor Number: JD Edwards Number Contract Number: C Otp This is assigned by City Clerk's Office Project Name: Morrill Meadows/East Hill Park Geotechnical Services Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 12/19/16 Termination Date: 12/31/17 I Contract Renewal Notice (Days): 0 Number of days required notice for termination or renewal or amendment Contract Manager: Lynn Osborn/HG Department: Parks Planning & Dev. Contract Amount: $15 916 00 Approval Authority: ® Department Director ❑Mayor ❑City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Geotechnical exploration and evaluations at Morrill Meadows & East Hill Parks related to park improvement ONLY. Unrelated to future YMCA facility/structure/site Division Contract #PPD16-21 adccW10877_8_14 F I KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and HWA GeoSciences Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and HWA GeoSciences Inc. organized under the laws of the State of Washington, located and doing business at 21312 301h Drive SE, Suite 110, Bothell, WA 98021 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: As described in the attached Exhibit A, consultant will provide geotechnical explorations and geotechnical evaluations for design work related only to park improvements at Morrill Meadows and East Hill Parks. 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, 2017. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $15,916.00, 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 A. 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 ($20,000 or Less) 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 Agreemen , except for that portion of the injuries and damages caused by the City's negligence. f } 0 x} } } aoe rY��sLd 4 i s i�. i�t�� 'ti3 aG £Fru r U3 ra, r5 C The City's inspection or acceptance of any of Consultant's work when completed shall not e 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. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the 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, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any 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 CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) 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 ($20,000 or Less) 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. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF KENT: (signature) (signature) Print Name of \4A (, IIm-- Ppnf Name: Julie Parascondola Its: C-)r'cP �)vvvc t i rK Int .ir r Ifs: Director of Parks, Recreation and (title) I Community Services DATE: .-� c� f')L-� DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: JoLyn Gillie Hope Gibson HWA GeoSciences City of Kent 21312 301h Drive SE, Ste 110 220 Fourth Avenue South Bothell, WA 98021 Kent, WA 98032 (425) 774-0106 (telephone) (253) 856-5112 (telephone) jgillie@hwageo.com hcilbsonoftentwa. ov P:\Planning\Mornll Meadaws\YMCA Fatlility\HWA Geosdences oocs\HWA GCotech-CONTMA Aoce CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) 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. n r By: L s4 x l a Yin , lt ' a'r r �' For: t rl r C` Title: 6CA nt e'rtd Or i Q�L Date: > , 2 C,,j t, EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY I 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 EXHIBITA e ® HWAGE®SCIENCES INC l-cnict6«knl c7 Purrn�ruriq�inecrbig •Htdi ry,i:iqy.��- ..m Yrornntrtm utslnztiue -Ic�fuig November 22, 2016 HWA Project No. 2016-PO21-21 City i of Kent 220 Fourth Avenue South Kent,WA 98032 Attention: Hope Gibson,RLA Subject: Scope of Work for Geotechnical Services Morrill Meadows Improvements Project I{ent,Washington Dear Ms. Gibson: Tn accordance with your request, HWA GeoSciences Inc. (HWA) is pleased to present this scope of work to provide geotechnical services for the Morrill Meadows Improvements Project located at Morrill Meadows Park in Kent,Washington. The City would like to make improvements to existing facilities at the existing community park and construct YMCA facilities on the site. The park site includes the properties currently known as Morrill Meadows,the East Hill Park, and a new (and planned) acquisition property that connects the two. Park improvements will include demolition of selected structures and park amenities;reconfigured parking area, improvements to storm drainage facilities, alterations to path and shelter plaza, and a new and expanded children's play area with surfacing and play equipment. We present the following scope for design related to the park improvements. We understand that the geotechnical engineering for the YMCA building will be provided by others. SCOPE OF WORK The geotechnical work will include explorations and geotechnical evaluations in support of design of the proposed for the parking lot, lightly loaded park structures, drainage, and storm water management using rain gardens. • Collect and Review Available Data: HWA will collect and review available geotechnical data for the project location. This will include a review of available geologic maps, past geotechnical reports, and online databases. • Plan and Coordinate Field Explorations: HWA will work with MacLeod Reckord and the City of Kent to obtain permission to conduct soil 11312 301n Drive SE Suite 110 Bothell,wA 98021.7010 Tel:425.774.0106 Fax:425.774.2714 www.liwageo.com EXHIBIT A(Continued) November 22, 2016 HWA Project No.2016-PO21-21 explorations on the subject property. We assume that all required rights of entry and permits will be provided by the City of Kent at no cost to HWA. • Complete Utility Locates: HWA will notify the one-call utility locating service to have underground utilities located in the vicinity of the proposed explorations. • Conduct Field Explorations: After utility locates are done,HWA will complete one day of shallow hand borings and associated Dynamic Cone Penetrometer (DCP)tests at the locations of the parking lot and lightly loaded structures. Four test pits will be excavated in the area of the proposed rain gardens to evaluate the depth to low permeability soils to determine the feasibility of using rain gardens for storm water management. • Generate Exploration Loss: All of the soil samples retrieved fi-om our explorations will be sealed in plastic bags and taken to our Bothell, Washington office for further examination and testing. Soil information will be presented in summary logs that will be generated upon completion of our exploration program. • Complete Analyses for Parldng Lot and Foundations of Park Structures: HWA will evaluate the data obtained from the field exploration program to provide geotechnical design recommendations for the park improvements. Engineering evaluations will include foundation bearing capacity for lightly loaded park facility structures and pavement design. • Provide Recommendations Regarding Feasibility of Using Rain Gardens for Stormwater Management: HWA will perform analyses to estimate infiltration rates based on grain-size testing and provide geotechnical design recommendations regarding the feasibility of using rain gardens for stonnwater management. • Report Generation: HWA will prepare draft and final geotechnical reports presenting the results of our studies and design recommendations for geotechnical engineering related components of the project. Our reports will include exploration logs, site and exploration plan, laboratory test results, analytical output and design charts, as appropriate, and design recommendations relative to earthwork. • Review and Provide Comments to 90% PS&E: HWA will review the 90 percent Plans, Specs and engineer's cost estimate and provide comments as they relate to our design recommendations and earthwork. • Project and Contract Management: HWA will prepare monthly invoices, and progress reports, if required. We will correspond with the City of Kent and MacLeod Reckord in 2016-PO21-21 Mo¢ill Meadows Park Only.doex 2 of 4 HWA GEOSCIENCES INC. EXHI BIT A(Continued) November 22, 2016 HWA Project No. 2016-PO21-21 the form of emails, fax, and telephone calls, as necessary. We will provide project management for the geotechnical engineering subtasks. ASSUMPTIONS: • The exploration locations will be determined by measuring from existing site features and will not be surveyed. • The owner will provide permission to access the proposed exploration locations. • Contaminated soils evaluation and testing is excluded from this scope of work. • Porous pavement is not being considered as part of this project. PROJECT BUDGET We estimate that the scope of services proposed herein will require a budget of$15,916 to accomplish, as detailed on the attached project cost estimate spreadsheets. We will perform the proposed services on a time and expense basis against the attached budgets and will not exceed the total budget without your prior authorization. The budget presented in this proposal reflects an estimate based on our current understanding of the project requirements for a scope of work developed from information provided. HWA reserves the right to transfer hours and budget dollars between tasks to satisfy project requirements. HWA may also transfer funds allocated for direct costs to professional/technical hours or vice versa, to satisfy project requirements. OHO IIII Thank you again for the opportunity to provide this proposal for geotechnical design services. Should you have any questions regarding this proposal, or require additional services, please contact us at your convenience. Sincerely, HWA GEOSCIENCES INC. f G� I JoLyn Gillie, P.E. Geoteehnieal Engineer,Principal Attachments: Project Cost Estimate 2016-PO21-21 Morrill Meadows Pack 6nly.doex 3 of 4 HWA GPoSCIENCEs INC. EXHIBIT A(Continued) .] o e o z . E O S. o F � _ N. F7 fL � � Q❑ � G V � � V °F F q c 4 V o R - Z 5 ° J W -. `= E a m� V a A n Go q o d o Te O 4 k _ o o = w re Y c R R E 3 E g i 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. EXHIBIT B (Continued) 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. 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. f I EXHIBIT B (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. A n DATE(MWDD/YYYY) l9 O��VaCERTIFICATE OF LIABILITY INSURANCE 12/05/2016 PRODUCER Phone: (425)771-5197 Fax: (425)673-4427 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ORION INSURANCE GROUP,INC. ONLY AND CONFERS NO.RIGHTS UPON THE CERTIFICATE 3405188TH ST SW HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR SUITE#302 ALTER THE COVERAGE AFFORDED HE POLICIES BELOW. LYNNWOOD WA 98037 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: RLI Insurance 42846 HWA GEOSCIENCES INC. INSURER B: 21312 30TH DRIVE SE,SUITE 110 INSURER C: BOTHELL WA 98021.7010 INSURER D: I. INSURER E: COVERAGES �l 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 ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. wER ADD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POUOYEXPIRAnON LIMITS LTR INSR GATE MMI00 OATS R 'DO GENERAL LIABILITY PSB0002638 1W01/16 12M1/17 EACH OCCURRENCE $ 13000,000 X COMMERCIALGENERALLIABILITY CNLAGETO RENIEO $ 300,000 PREIAIREa EeecwlomP CLAIMS MADE OCCUR MED.EXP(Any one person) $ 5,000 A PERSONAL&ADV INJURY S 1,000,000 GENERALAGGREGATE $ 2,000,000 GEN'LAGOREOATE LIMITAPPLIES PER: PRODUCTS-COMP70PAGG S 2,005,000 POLICY -X RHO IFCT LOG $ AUTOMOBILE LIABILITY PSA0001635 12/01116 12101/17 COMBINED SINGLE LIMIT X nNYAUTD (Ea accident) $ 1,000,000 ALLOWNEDAUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) A HIRED AUTOS BODILY INJURY NON OWNEDAUTOS (Per accident) $ PROPERTY DAMAGE $ (Per DCGdent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ri ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGO $ EXCESS UMBRELLA LIABILITY PSEDOUIS34 12/01/16 12101/17 EACH OCCURRENCE $ 3,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 3,000,000 A $ DEDUCTIBLE $ RETENTION$ WC $ WORKERS COMPENSATION AND PSB0002638 12/01115 12/01/16 ORYUNITs -- EMPLOYERS'LIABILITY YrN E.L.EACH ACCIDENT $ 1,000,000 A ANY PROPRIETCH)PARTNERIEXECUTIVE OFFICERIMEMBEn EXCLUDED? I I E.L.DISEASE-FA EMPLOYEE $ 1,000,000 IMandawry In NH) Il yes,dadcriea under E.L.DISEASE-POLICY LIMIT S 1,000,000 aPECI&PROVISIONS below OTHER Professional Liability Claims ROP0017677 12101/16 12101/17 $2,000,000 Each Occurence A Made DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS SEE SUPPLEMENTAL CERTIFICATE INFORMATION CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS 220 Fourth Avenue South WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO Kent,WA 98032 DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Attention: Christopher R. Day ACORD 25(2009/01) Certificate# 18993 ©1988.2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DATE SUPPLEMENT TO CERTIFICATE OF LIABILITY INS # 18993 DEC 52016 DESCRIPTION OF OPERATIONS, LOCATIONS, VEHICLES Morrill Meadows Park The City of Kent,as well as all parties required by contract in addition to their successors,assigns,shareholders,officers,officials, directors,contractors,employees,affiliated companies,members,representatives and agents are listed as additional insureds with primary non contributory wording as well as a waiver of subrogation in their favor. Certificate# 18993 Policy Number: PSB0002638 RLI Insurance Company Named Insured:HWA GeoSciences, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM -SECTION II—LIABILITY 1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury", "property damage" or "personal and and we will not share with that other insurance, advertising injury" caused in whole or in part by you provided that: or those acting on your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations, which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement; or to you; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense c. In connection with "your work" and included w committed after you have entered into that within the "product-completed operations contract or agreement. hazard". 2. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. this endorsement is limited follows: Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II — any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services". out of "your work" performed by you, or on your behalf, under a contract or agreement with that c. This endorsement does not increase any of the limits of insurance stated in Liability And person or organization. We waive these rights only Medical Expenses Limits of Insurance. where you have agreed do so as part of a w contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury" or"property damage" occurs, or the"personal (BUT APPLICABLE ONLY TO SECTION II — and advertising injury"offense is committed. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 3. Coverage does not apply for "personal and (1) Only if the "bodily injury", "property dam- advertising injury" arising out of an offense age" or "personal and advertising injury committed before you acquired or formed the " is caused, in whole or in part, by you or organization. any person or organization performing operations on your behalf, and arises 4. This provision does not apply to any out of the ownership, maintenance or organization for which coverage is excluded by another endorsement to this policy. use of that part of any premises leased to you under that contract or agreement; J. Who Is An Insured — Unnamed Partnership Or or Joint Venture 2 The"bodily in ur( ) y injury",y", "property damage" or 1. The last paragraph of Section II C. Who Is An "personal and advertising injury " is Insured: is deleted and replaced by the caused, in whole or in part, by you or following: any person or organization performing No person or organization is an insured with operations on your behalf, and arises Norespect o the conduct of an current or past out of the maintenance, operation or use Y of equipment leased to you by such partnership, joint venture or limited liability additional insured. company that is not shown as a Named Insured in the Declarations. However this limitation does 2. The insurance provided to such additional in- not apply to your liability with respect to your sured under this provision is subject to the conduct of the business of any current or past following: partnership orjoint venture: a. The limits of insurance afforded to such a. That is not shown as a Named Insured in additional insured shall be the limits which the Declarations, and you agreed to provide in the contract or agreement, or the limits shown in the b. In which you are a member or partner but Declarations,whichever are less; and only if i Each and eve member or partner in b• The insurance afforded to such additional () every P insured does not apply: that joint venture or partnership is not a construction contractor, and (1) To any "bodily injury" or "property dam- age" that occurs, or "personal and (ii) The joint venture or partnership is not providing construction contracting advertising injury" caused by an offense committed, after you cease to be a services. tenant in that premises, 2. This provision does not apply to any person or (2) To any structural alterations, construc- organization for which coverage is excluded by tion or demolition operations performed another endorsement to this policy. by or on behalf of such additional 3. The insurance provided by this provision shall insured; be excess over any valid and collectible other (3) To any premises for which coverage is insurance, whether primary, excess, contingent excluded by another endorsement to or on any other basis, which is available this Coverage Part; covering your liability with respect to your conduct of the business of any current or past (4) To any "bodily injury" or "property dam- partnership or joint venture that is not shown as age" that occurs, or "personal and a Named Insured in the Declarations and which advertising injury" caused by an offense is issued to such partnership or joint venture. committed, after the equipment lease K. Additional Insured — Owner, Manager Or Lessor expires; or Of Premises Or Leased Equipment (5) If the equipment is leased with an Section II C. Who Is An Insured is amended to operator. include as an insured: 3. This provision does not apply on any basis to any person or organization for which coverage 1. Any person or organization that you have as additional insured specifically is added by agreed in a contract or agreement to include as an additional insured on this policy, but: another er endorsement to this policy. a. Only with respect to liability for"bodily injury" or "property damage" that occurs, or "personal and advertising injury" caused by an offense committed, after you have entered into that contract or agreement; and PPB 316 02 11 Page 4 of 7 S. Waiver Of Transfer Of Rights Of Recovery b. Ongoing and completed operations Against Others To Us performed by you, or on your behalf, under a SECTION III — COMMON POLICY CONDITIONS contract or agreement with that person or Paragraph K.2. Transfer of Rights of Recovery organization; Against Others to Us (BUT APPLICABLE ONLY c. Your"work";or TO SECTION II — LIABILITY) is deleted and replaced by the following: d. "Your products". 2. Applicable to Business Liability Coverage: We waive these rights only where you have agreed to do so as part of a contract or agree- We waive any rights of recovery we may have ment entered into by you before the "bodily against any person or organization because of injury" or "property damage" occurs or the payments we make for "bodily injury", "property "personal and advertising injury" offense is damage", "personal injury and advertising injury" committed. arising out of: a. Premises owned by you, temporarily occu- pied by you with permission of the owner, or leased or rented to you; ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 316 02 11 Page 7 of 7 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured We waive any right of recovery we may have against The following is added to the SECTION Il — any person or organization to the extent required of COVERED AUTOS LIABILITY COVERAGE, Para- you by a contract executed prior any"accident" or A.I.Who Is An Insured Provision: "loss", provided that the "accident" " or "loss' arises graph P out of the operations contemplated by such contract. Any business entity newly acquired or formed by you The waiver applies only to the person or during the policy period, provided you own fifty organization designated in such contract. percent(50%) or more of the business entity and the E. Employee Hired Autos business entity is not separately insured for Business Auto Coverage. Coverage is extended up 1. The following is added to the SECTION II — to a maximum of one hundred eighty (180) days COVERED AUTOS LIABILITY COVERAGE, following the acquisition or formation of the business Paragraph A.1.Who Is An Insured Provision: entity. An "employee" of yours is an "insured" while This provision does not apply to any person or operating an "auto" hired or rented under a organization for which coverage is excluded by contract or agreement in that "employee's" endorsement. name, with your permission, while performing B. Employees As Insureds duties related to the conduct of your business. The following is added to the SECTION II — 2. Changes In General Conditions: COVERED AUTOS LIABILITY COVERAGE, Para- Paragraph 5.b. of the Other Insurance graph A.1.Who Is An Insured Provision: Condition in the BUSINESS AUTO Any "employee" of yours is an "insured" while using CONDITIONS is deleted and replaced with the a covered "auto" you don't own, hire or borrow in following: your business or your personal affairs. b. For Hired Auto Physical Damage Coverage, C. Blanket Additional Insured the following are deemed to be covered "autos"you own: The following is added to the SECTION II — (1) Any covered "auto" you lease, hire, rent COVERED AUTOS LIABILITY COVERAGE, Para- or borrow; and graph A.I.Who Is An Insured Provision: Any person or organization that you are required to (2) Any covered "auto" hired or rented by include as an additional insured on this coverage your"employee" under a contract in that individual "employee's" name, with your form in a contract or agreement that is executed by you before the "bodily injury" or " ro"property damage" permission, while performing duties Y Y P P Y 9 related to the conduct of your business. occurs is an "insured" for liability coverage, but only However, any "auto" that is leased, for damages to which this insurance applies and hired, rented or borrowed with a driver is only to the extent that person or organization not a covered "auto". qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II — F. Fellow Employee Coverage COVERED AUTOS LIABILITY COVERAGE. SECTION II — COVERED AUTOS LIABILITY The insurance provided to the additional insured will COVERAGE, Exclusion B.S. does not apply if you be on a primary and non-contributory basis to the have workers compensation insurance in-force additional insured's own business auto coverage if covering all of your employees. you are required to do so in a contract or agreement G. Auto Loan Lease Gap Coverage that is executed by you before the "bodily injury' or "property damage" occurs. SECTION III — PHYSICAL DAMAGE COVERAGE, D. Blanket Waiver Of Subrogation C. Limit Of Insurance, is amended by the addition of the following: The following is added to the SECTION IV — In the event of a total "loss" to a covered "auto" BUSINESS AUTO CONDITIONS, A. Loss shown in the Schedule of Declarations, we will pay Conditions, 5. Transfer Of Rights Of Recovery any unpaid amount due on the lease or loan for a Against Others To Us: covered "auto", less: PPA 300WA 03 13 Page 2 of 5 i Policy Number: PSE0001834 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR DESIGN PROFESSIONALS EXCESS LIABILITY ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. General Aggregate Limit— Per Project Or Per Location B. Additional Insured—Primary/Non-contributory C. Waiver Of Transfer Of Rights Of Recovery Against Others To Us This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE FORM A. General Aggregate Limit — Per Project Or Per (3) premises where operations are performed in Location sections, stages or phases as a continuation of the same contract or agreement, even if Paragraph 2.a. of C. Limits of Liability of SECTION I — INSURING AGREEMENT is deleted and the premises do not involve connecting lots. replaced by the following: B. Additional Insured—Primary/Non-contributory a. The limit of liability stated in the Declarations as Paragraph K. Other Insurance of SECTION IV — general aggregate is the most we will pay during CONDITIONS is deleted and replaced by the each policy period for all ultimate net loss, following: except ultimate net loss because of: K. Other Insurance (1) injury and damage included in the products- If other insurance, whether collectible or not, is completed operations hazard or; available to the insured covering a loss also (2) any coverage included in underlying covered by this policy, the insurance afforded by insurance to which no underlying aggregate this policy shall be in excess of, and shall not applies. contribute with, such other insurance. However, The general aggregate applies separately to if the underlying insurance provides coverage to an additional insured on a primary basis, or a each of your "projects" away from premises primary and non-contributory basis, this i owned by or occupied by you or to each of your locations owned by or occupied by you. once shall be available to such additional insured on an excess basis over the underlying "Projects" mean an area away from premises insurance. We will not share with other owned by or rented to you at which you are insurance which covers such additional insured performing operations pursuant to a contract or as a named insured. agreement. For the purposes of determining the C. Waiver Of Transfer Of Rights Of Recovery applicable aggregate limit of insurance, each Against Others To Us .,project" at the same "location" shall be considered a single "project". Paragraph L. Subrogation of SECTION IV — For the purposes of this provision, "location' CONDITIONS is deleted and replaced by the following: means (1) premises involving the same or connecting lots; (2) premises where connection is interrupted only by a street, roadway, waterway or right- of-way of a railroad; or PPU 304 06 10 Page 1 of 2