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HomeMy WebLinkAboutPW17-036 - Original - David Evans and Associates, Inc - 132nd Pedestrian Improvements Mobile Laser Scanning & Topography - 01/23/17 Records ///YYY , ET tOT � Document WA9NIXGTON �� � 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: David Evans and Associates, inc. Vendor Number: JD Edwards Number Contract Number: 1' WII — 0% This is assigned by City Clerk's Office Project Name: 132"d Pedestrian Improvements Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: tIz ��� Contract Effective Date: Date of the Mayor's signature Termination Date: 4/1/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Toby Mollett Department: Engineering Contract Amount: 841,124.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Perform a mobile laser scanning and topographic mapping survey for the project. As of: 08/27/14 v KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and David Evans and Associates, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and David Evans and Associates, Inc. organized under the laws of the State of Oregon, located and doing business at 2106 Pacific Ave., Suite 400, Tacoma, WA 98402, Phone: (425) 864-1358, Contact: Sean Douthett (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 perform a mobile laser scanning and topographic mapping survey for the 132n6 Avenue Pedestrian Improvements Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by April 1, 2017. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty One Thousand, One Hundred Twenty Four Dollars ($41,124.00), 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 (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. 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. 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 (Over$20,000) 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 ro rn 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 (Over$20,000) writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided', however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. ./assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. 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: By: , °^ By: f �s+agnadure (signature) Print Name^ 5 AAj ��,rr-xr" I"' Pri Na Suzette Cooke Its st. ccp it Ma or (titre) DATE: 1-5 ta+7 DATE: l NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Sean Douthett Timothy J. LaPorte, P.E. David Evans and Associates, Inc. City of Kent 2106 Pacific Ave., Suite 400 220 Fourth Avenue South Tacoma, WA 98402 Kent, WA 98032 (425) 864-1358 (telephone) (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APP OVED AS TO FORM: I le a.4 Department ..............___...... Daum Evzn anssodates-i3s^°/rnonett CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3, During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. For: ,/1a C,14^J5 r ASoG, lave, Title: ff55DGi4l-�- Date: AaS , 13 7-of-7 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 ATTACHMENT A SCOPE OF SERVICES 132Id Avenue Mobile Laser Scanning and Topographic Mapping Survey BACKGROUND The City of Kent (CITY) has two roadway improvement projects coming up and has requested David Evans and Associates, Inc. (DEA) to provide this scope and estimate to perform a Mobile Laser Scanning and Topographic Mapping Survey for the two projects to be used as the basis for the design of roadway Improvements. The two projects are 132nd Avenue north of Kent-Kangley Road, and 132d Avenue south of Kent-Kangley Road. The exact limits of the projects are described below under the Project Limits section. In order to optimize the data collection process and minimize the costs involved, both projects will be laser scanned in a single effort with DEA's truck-mounted mobile laser scanning system, and then the mapping of the scan data w4l be completed separately and staged to fit the City's design schedule. Therefore, this cost estimate has been split into three tasks, mobile laser scanning and then mapping of the two separate projects. PROJECT LIMITS • Project No. 1: 132"u Ave. S.E.from Kent-Kangley Rd. (SE. 272"d St.) to S.E. 246"St., approximately 8,000 feet In length. The limits of the survey will extend laterally from the centerline of 132 od to westerly right-of-way line to the extent that the mapping can be completed from the mobile laser scan data. The mapping is to include the west half of the intersections at the north and south ends,of the project and is to include intersecting streets on the west side of 132"". The mapping on cross streets is to extend 100 feet down Intersecting cross streets from the centerline of 132n"Ave. S.E. Only intersecting cross streets to the west of 132"d will be mapped. There are a total of 11 intersecting cross streets to be mapped which include; Kent-Kangley Rd.; S.E.2613"St.; S.E.264"' Pl.; S.E. 2630 PI., S.G.261s' Pl,; S.E. 261"r St.; S.E. 260' Ln.; S.E. 259h Pl.; S.E. 2581"St.; S.E.256`h St.; and S.E. 248"St. The mapping on Intersecting side streets will extend from right-of-way to right-of-way Vine to the extent that the mapping can be completed from the mobile laser scan data. • Project No. 2: 132"d Ave S.E.from S.E. 82"d St. to Kent-Kangley Rd. (S.E. 272n6 St.), approximately 3,600 feet in length. The limits of the survey will extend laterally from the centerline of 132' to westerly right-of-way line to the extent that the mapping can be completed from the mobile laser scan data. The mapping is to include the west half of the intersections at the north and south ends of the project and is to include intersecting streets on the west side of 132"d. The mapping on cross streets is to extend 100-feet down intersecting cross streets from the centerline of 132nd Ave. S.E. Only intersecting cross streets to the west of 132"d will be mapped. There are a total of 5 intersecting cross streets to be mapped which include: S.E. 282"d St.; S.E. 282"d Way; S.E. 27P Pl.; S.E. 274In St.; and S.E. Kent-Kangley. The mapping on intersecting side streets will extend from right-of-way to right-of-way line to the extent that the mapping can be completed from the mobile laser scan data. There will be areas that are not visible in the laser scan data due to obstructions and/or vegetation, and cannot be mapped. DEA will provide outlines around these obscured areas so the City can determine if they need to be filled in and the best method for in-fill. MOBILE LASER SCANNING DEA will complete a mobile laser scanning survey of the project limits in order to collect detailed laser scan data throughout the project corridor and on the intersecting streets. The mobile laser scanning will be controlled with targets and verified with confidence targets painted on the ground by the CITY. The CITY will also establish and provide the horizontal and vertical coordinates of the control and confidence targets. The resultant laser scan data will be accurate to plus or minus 0.03-feet relative to the provided control DEA will provide the CITY with the Vocations and specifications for the control and confidence targets. The control and confidence targets will be established at approximately 1500-foot intervals„ or closer depending on sky obstructions, and at all four corners of intersections. It is anticipated that the two projects will require approximately 50 combined control and confidence targets. The control targets will be used to constrain the mobile laser scan data and the confidence targets will be used to verify the accuracy of the fully controlled and adjusted laser scan data. Pagel of 2 January 3,2017 Digital photography will be acquired throughout the project limits while completing the mobile laser scanning. The digital photos will be provided in electronic format with a geodatabase that maps the photo locations and is hypeninked to the digital photos. TOPOGRAPHIC MAPPIN From the laser scans, 3D break lines and point features will be developed based on City of Kent CAD standards. Mapping will be completed at approximately 50-foot intervals. The features to be mapped include manmade surface features and ground topography to be represented with 1-foot ground elevation contours. Manmade surface features include; pavement,traffic striping, driveways, walkways, sidewalks, ditches, retaining and partition walls, ADA ramps, signal poles, signs, utility poles, overhead utility lines, ksn inaires,railroad crossings,fences including gates, and surface Utilities. Surface utilities to be mapped include valves, meters,vaults,cabinets, hydrants, manholes, catch basins, stand. pipes, etc. The mapping will be completed for features that are visible in the laser scans within the project limits. The 3D break Imes and point features will be imported into Civil 3D 2015 and an existing ground surface model will be developed. City of Kent CAD standards will be adhered to. This Civil 3D file will be provided to the City who will complete the file with additional labeling, hatching, cutting sheets and other cosmetic enhancements if needed. Assumptions > CAD standards will be provided by CITY. Survey control and confidence targets will be provided by CITY. • Only surface and above ground features will be mapped. • Parcel and right-of-way boundaries will be completed by the CITY. CITY will provide a control point to be used as the GPS base station for the mobile laser scanning. • CITY will provide Civil 3D template, CAD standards documentation, and point coding to be used, or DEA's standards can be used. CITY will provide right-of-way lines, and available GIS utility files in CAD or GIS database format. Deliverables Civil 3D 2015 Topographic Base Map with 3D break lines, point features, and surface model. « Digital photography and geodatabase of linked photo locations. Schedule The mobile laser scanning can be completed within 30-days of receipt of fully executed contract documents Project No. 1 mapping deliverables can be completed within 20-days after completing the mobile laser scanning. Mapping deliverables for Project No. 2 will require 14-days to complete. Mobile laser scanning must be completed during dry pavement conditions. DEA cannot be responsible for delays due to weather or other conditions beyond DEA's control. NOT TO EXCEED PEES • Mobile Laser Scanning: $17,965.00 • Project No. 1 Topographic Mapping: $23,159.00 Page 2 of 2 January 3,2017 EXHIBIT R 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 1044-e5 or a substitute endorsement providing equivalent coverage. ' ,a4 V- 3. Workers' Compensation coverage as required by the Industrial ®�_5 Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability± insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. , 3. The City of Kent shall be named as additional insured on all policies (except Professional Liabilita as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. a ,.�, � PUGET SOUND REGION 2017 SURVEY and GEOMATICS HOURLY RATES PROFESSIONAL CLASSIFICATION HOURLY BILLING RATE Regular ADMINISTRATIVE Administrative Assistant (ADMA) $ 95.00 Contract Administrator(CONT) $ 110.00 SURVEYING and GEOMATICS Survey Manager (SVYM) $ 185.00 Senior Professional Land Surveyor (SPLS) $ 165.00 Professional Land Surveyor (PLSU) $ 145.00 Laser Scanning Office Tech (SCTE) $ 130.00 Survey Technician II (SVT2) $ 126.00 Survey Technician I (SVT1) $ 115.00 1-Person Survey Crew $ 124.00 2-Person Survey Crew $ 170.00 NON-LABOR EXPENSES Static 3-D Laser Scanner $ 686.00 per day Mobile 3-D Laser Scanner $10,566.00 per day Mileage Current IRS Rate Per Diem: Meals Current GSA Rate Per Diem: Lodging Current GSA Rate Other Expenses Cost plus 10% CERTIFICATE OF LIABILITY (INSURANCE DATE(MM/DDNYYY) V,. •- 12/1/2017 t 16/2017 THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies CONTACT 444 W.47th Street, Suite 900 P�J{H;�ONE ---- .... ....I.FAX Kansas City MO 64112-1906 11No,EXW "IUD'Sal (816)960-9000 ADORE$s: INSURER/SI AFFORDING COVERAGE NAICd INSURER A:Zurich American InsuranceColnii 16535 INSURED DAVID EVANS AND ASSOCIATES,INC. INSURER e Endurance American Insurance Comna_nv 10641 1312516 1100 SW RIVER PARKWAY INSURER c:Llovds of London PORTLAND OR 97201 --..... " _........ ...._... , ....... NSURER D. INSURER E: INSURER F: COVERAGES.....DEAINOI..... CERTIFICATE NUMBER: 1.4462564 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I ADDLIgUBH ,,,,, ........ POLICY EFF (POLICY EXP ........... LTR TYPE OF INSURANCE iucn wvn POLICY NIIMRFR Iuu nn yvvv� M InDIYY"AY LIMITS A X COMMERCIAL GENERAL LIABILITY N N GI,09830389 12/1/2016 12/I/2017 EACH OCCURRENCE $ $E000'000 DAkrA sTDRE1TED _......CLAIMS MADE X OCCUR PREMISES ain occur®nrtt} $ 5300;OOn_MED EXP(Any ane person) $ S10.000 PERSONAL INJURY $ $1 000.000 .... ,. ...,._... ... ... ........... GEN IF AGGREGATELIMIT APPLIES PER G E N ERALAGGREGATE $ S2.000MO POLICY a JERI? ., LOC PROOUCTS COMPICP AGG $ $2,000,000 OTHER A AUTOMOBILE LIABILITY N N BAP9830390 2/1/2016 12/1/2017 COMBINEUSi CLE LIMIT $ $1;000;000 _ XANY AUTO BODILY INJURY(Per person) $ XXXXXXX .,_... ..... . .. ... :::..: ........__. OWNED SCHEDULED BODILY INJURY Per accident $ XXXXXXX AUTOS ONLY AUTOS ( _ ) X... HIRED X I NON.. AUTOSOWNED LY PROPradow) MYAGE $ XXXXXXX AUTOS ONLY AUTOS ONLY 1Par acerxJpPl} _ $ XXXXXXX B UMBRELLA LIAB X_ OCCUR N N EXCH10 05 9 9 43 02. 12/1/2016 12/t/2017 EACH OCCURRENCE $ S1 000_000 X EXCESS LIAB CLAIMS MADE AGGREGATE $ $1.000.000 DED RETENTIONA $ XXXXXX 11 X 11 WORKERS COMPENSATION N PER H- A AND EMPLOVERS'LIABILITY YIN WC 9336626 12/I/2016 12/1/21117 ,X STATUTE ER _ ANY PROPRIE70RIPARTNEREXECUTIVE E L EACH ACCIDENT $ 1.000.000 OFFPCERIMEMBER EXCLUDED? N!A ............... .... ..... (Mandatory In NH) E.L.DISEASE-EAEMPLOYEE $ 1.000.000 Ityes,describe under .._ ...._____ _.. ...,_,,, ._ ..... ...... DESCRIPTION OF OPERATIONSbelaw EL DISEASE POLICY LIMIT $ 1 nnnnnn C PROFESSIONAL N N LDUSA1604625. 12/1/2016 12/1/20I7 $2,000,000 PER CLAIM AND LIABILITY ANNUAL AGGREGATE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 1m,Additional Remarks Schedule,maybe allached It more apace Is required) RE:PROTECT 4CKTX000DOOIIJ. 132NDAVEPFDESTRIANINfPROVEMENTS MOBILE SCAN/IOPO SURVEY.CTY OF KENT IS AN ADDITIONAL INSUREDAS RESPECTS GENERAL LIABILITY AND AUTO LIABILITY,AND TITRSF COVERAGES ARE PRIMARY,AS REQUIRED BY WRITTEN CONTRACT THE ADDITIONAL. INSUREDS'OWN COVERAGE IS EXCESS OF AND NON-CONTRIBUTORY WITH THE GENERAL LIABILITY,AND ON THE AUTO LIABILITY AS RESPECTS THE USE OF VEHICLES OWNED BY DAVID EVANS&ASSOCIATES,INC.WHERE REQUIRED BY WRITTEN CONTRACT. THE EXCESS/UMBRELIA LIABILITY IS FOLLOW FORM OVER THE GFNFRAI.LIABILD'Y PER THE POLICY TERMS,CONDO IONS AND EXCLUSIONS. CERTIFICATE HOLDER CANCELLATION See Attachments 14462564 CITY OF KENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE AT•TN: NANCY YOSHIT•AKE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 4TH AVE S ACCORDANCE WITH THE POLICY PROVISIONS. KENT WA 98032 AUTHORIZED REPRESBNTATIV I /11 /gl 01988( 015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GL09830389 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART _...... Name Of Additional Insured Person(s) Or Oraanization(s1..... Location(st Of Covered Operations ........ Any person or organization to whom or to which Any location where you have agreed, through you are required to provide additional insured written contract, agreement of permit, to status in a written contract or written agreement provide additional insured coverage, except except where such contract or agreement is where such contract or agreement is prohibited by law. prohibited by law. ..... -------- ---..._ .. ..... Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) additional insureds, the following additional or organization(s) shown in the Schedule, but exclusions apply: only with respect to liability for"bodily injury", This insurance does not apply to "bodily injury" properly damage" or"personal and advertising or"property damage occurring after: injury"caused, in whole or in part, by, 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with 2. The acts or omissions of those acting on such work, on the project (other than your behalf; service, maintenance or repairs) to be in the performance of your ongoing operations performed by or on behalf of the additional for the additional insured(s) at the location(s) mstured(s) at the location of the covered designated above. operations has been completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted other than another contractor or by law; and subcontractor engaged in performing If coverage provided to the additional insured is operations for a principal as a part of the required by a contract or agreement, the Insurance same project. afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Miscellaneous Attachment: M503337 Certificate ID: 14462564 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III- Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most applicable Limits of Insurance shown in the we will pay on behalf of the additional insured is Declarations the amount of insurance: 1. Required by the contract or agreement; or Miscellaneous Attachment: M503337 Certificate ID: 14462564 POLICY NUMBER: GLO 9830389 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: THE GENERAL AGGREGATE LIMIT APPLIES TO EACH CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS, HOWEVER, A GENERAL AGGREGATE LIMIT DOES NOT APPLY TO ANY CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS THAT ARE INSURED UNDER A WRAP UP OR ANY OTHER CONSOLIDATED OR SIMILAR INSURANCE PROGRAM. A. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences" under COVERAGE A(SECTION I ), and for all medical expenses caused by accidents under COVERAGE C (SECTION I ), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of"bodily injury"or"property damage" included in the "products-completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: a. lnsureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. Miscellaneous Attachment: M463790 Certificate ID: 14462564 B. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences" under COVERAGE A(SECTION I ), and for all medical expenses caused by accidents under COVERAGE C (SECTION I ), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products- Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the"products-completed operations hazard" is provided, any payments for damages because of"bodily injury" or"property damage" included in the"products- completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of(SECTION III )- Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Miscellaneous Attachment:M463790 Certificate ID: 14462564 POLICY NUMBER: BAP 9830390 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following,- AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s)who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: See attached Certificate Endorsement Effective Date: 1211/2016 SCHEDULE Name of Person(s) or Organization(s): Any person or organization to whom or which you are required to provide additional insured status in a written contract or written agreement executed prior to the loss, except where such contract or agreement is prohibited by law. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form Miscellaneous Attachment: M503359 Certificate ID: 14462564 CA CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 WIV WN Q tl1W A ', I„'M VY � �� a. �I.I ��•. 94� I ��'I''%I �� .% il ��^� � all �� w �w i �" •� �. u I '„'I- I I Ili 'i� ..�,',I I t VI.,I, I I,I � I�' ��m ,.W InV qW " � u� III I I' UVI m u•� W ea W w ou .m as N� W w .. m mm W ropwm® •Wa w ^ n � W a w a ti.6I II is � W W.�: &� m ° WI W a tl M.•. ." an %'m % "' W w W •• �n W � «� W I�� •. �•. W k " '.'W ,� ww W W �•" .W ,". W W 'w'. ::•• w I%I,". W a W I W W.W W ..W 'w IW m W •• ".M W Ic _.WI '" W W W W m w.0 .. ggqq umw VFW Ww m .: ro ,: WW W d' W IW^ W rp OMM www `w IOW m �V �VILDIVI �� 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 David Evans Ass ciiate Inc. Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as 1.32nd Ave, Pedestrian Improvements Sgrve that was entered into on the January 23,_ 01.7 (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: ,4vJo u.Q�/.ss Title: , -Toe..,,/did Gate: ZIL- PW 0 7) EEO COMPLIANCE DOCUMENTS - 1 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 David Evans Ass ciiate Inc. Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as 1.32nd Ave, Pedestrian Improvements Sgrve that was entered into on the January 23,_ 01.7 (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: ,4vJo u.Q�/.ss Title: , -Toe..,,/did Gate: ZIL- PW 0 7) EEO COMPLIANCE DOCUMENTS - 1