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HomeMy WebLinkAboutPW18-197 - Original - Aspect Consulting, LLC - Clark Springs Monitoring Well Inspection - 05/11/2018 Records Ma nagement Document CONTRACT COVER SHEET This is to be completed by the Contract M,allager prior to submission to the City Clerk's Office. All portions are to li)e convleted. if you have questions, please contact the city Cteri 's office at 25 -856-5725. ❑ Blue/Motion Sheet Attached ® Pink Sheet Attached Vendor Name: Aspect Consulting, LLC -- Vendor Number (JDE): Contract Number (City Clerk): JW, . Category: Contract Agreement Sub-Category (if applicable): n -- -_ Project Name: Clark Springs "Monitoring Well Installation . Contract Execution Date: Date of the Mayor's signature Termination? Date._ 12/31/19 Department: PW: Engineering Contract Manager: Evan Swanson Contract Amount: $24;696.00 Approval Authority: ❑ Director ❑ Mayor ® city Council other Details: The Consultant_shall expand the groundwater monitoring network adjacent to the Landsburg Mine Site and further assess its potential to impact the Clark sprin 11 gs water source and surrounding water resources, `�-✓ K I N T CONSULTANT SERVICES AGREEMENT between the City of Kent and Aspect Consulting, LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Aspect Consulting, LLC organized under the laws of the State of Washington, located and doing business at 401 2n° Ave. S., Suite 201, Seattle, WA 98104, Phone: (206) 838-5830, Contact: Steve Germiat (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 expand the groundwater monitoring network adjacent to the Landsburg Mine Site and further assess its potential to impact the Clark Springs water source and surrounding water resources. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2019. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Four Thousand, Six Hundred Ninety Six Dollars ($24,696.00), 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 farm 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 duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligabon shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) u i IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the 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. ResoluLign 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) X of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Natace. 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 wi h 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 Re ords A 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 Req it red. 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. Counterp its 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. CONSU ,LT NT: _ CITY OF KENT: Print Name: By B sig ratur (signature) a e: �'r'l rfwfIt Print Name: Dana Ralph Its 'r�"�%.Xe;Pf/ y Its Mayor DATE: (title) 11 rr 1 ! . DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Steve Germiat Timothy J. LaPorte, P.E. Aspect Consulting, LLC City of Kent 401 2n° Ave. S., Suite 201 220 Fourth Avenue South Seattle, WA 98104 Kent, WA 98032 (206) 838-5830 (telephone) (253) 856-5500 (telephone) N/A (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kean Law Department ATTEST: Kent City_ Clerk.... ...._............. . ASVed Con9ulling-Clark SprinOs/tiwanzon 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. —Ie�* For: re e^n^ �Am LL Title: rridl Date; — EEO COMPLIANCE DOCUMENTS - I. 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 s Aspect CONSULTtN0 March 27. 2018 Mr, Evan Swanson Environmental Engineering City of Kent Public Works Department 220 Fourth Avenue South Kent, WA 98032 Re: Proposal for Additional Monitoring for Clark Springs Project No. 090015 Aspect Consulting, LLC(Aspect)respectfully submits this proposal to expand the groundwater monitoring network adjacent to the Landsburg Mine Site and thereby further assess its potential to impact the City of Kent's (City)Clark Springs water source and/or surrounding water resources. Scope of Work Aspect will complete the following activities: • Drill, install, and develop three new shallow monitoring wells—two on the Gribble Property (M W-101 and M W-102) and one on the City's Clark Springs watershed parcel (MW-103), The three proposed wells are shown on the attached Figure 1. • Write an addendum to the current Wellhead Protection Plan Monitoring Plan that will include the new and existing wells selected to add to the Clark Springs monitoring network, as well as the analytes and frequency of monitoring. • If requested, train City staff to complete low-flow groundwater monitoring per the Monitoring Plan addendum. This scope assumes the following: The City will make access, as needed, I'or the drill rig,to the three well locations. The City will secure an easement to access SE 269"'' Street for drilling the proposed well M W-103, and follow-on access For monitoring that well. • Assuming that securing an easement for access to the MW-103 location takes some time, the drilling is completed in two mobil izationsinstafling MW-101 and MW-102 on the Gribble property in one mobilization, and installing MW-103 on the watershed property in a second mobilization. If installation of the three wells is completed in a single mobilization, some cost savings would be realized. The proposed MW-103 location on the watershed parcel will be completed within the Vashon Recessional Outwash (Qvr)geologic unit, which is the unit from which the City's Clark Springs system withdraws groundwater, However, based on two different geologic maps reviewed, the southern limit of the Qvr unit (channel) differs near the east end of the watershed parcel. The attached Figure l depicts the surface geology presented in the City's 2008 Wellhead Protection Plan. �r rt,�l a 61, ✓�)�I(�l��/�ii/,���f%i%/�r��i/➢JllAi%r%i�, ��7%iJ 1P�i/ rri°�lrll�Ilr1 ,r1�i/�/�r/rl�%i%f Jf�/�f/ C�d�G'�'/1' �l�%;' /°'r/ r!'"/'���i,1 �r�, City of Kent March 27, 2018 Project No. 090015 For this location,we anticipate first drilling near the west end of SE 269's street, as depicted on the attached figure. That location isjust outside of the Qvr channel based on that geology overlay, but that boundary is uncertain. Soil will be logged during drilling. if field observations indicate the location is not within the Qvr unit, the boring will be abandoned and a new location will be attempted further north. We will anticipate that possibility when discussing clearing and drill rig access with the City, prior to drill rig mobilization. • Well drilling will be successful in reaching the necessary depths using a direct push probe (Geoprobe) drill rig. • The City will purchase necessary equipment for sampling the new monitoring wells. Estimated Cost Our estimated cost to complete the scope of work described above is$24,696, as detailed in the attached Table l. The above Services will be billed on a time and materials basis in accordance with the attached Schedule of Charges. We will notify you and obtain your authorization if additional effort above and beyond the estimated scope of this work is required. We sincerely appreciate the opportunity to continue our involvement in this project. Please contact me at 206-838-5830 if you have questions regarding this proposal. Sincerely, Aspect consulting 4� z Steve Germiat, LHG,CGWP Principal Hydrogeologist sgerm iat@aspectconsulting.com Attachments: Table 1 —Cost Estimate for Installing Monitoring Wells for Clark Springs Wellhead Protection Monitoring Figure 1 —Proposed Wells Aspect Consulting, LLC Schedule of Charges VV)OD19,1 prod,burg Mincsrtcwu,nI,a, Twpo.:aIMatmakk:xpandnd Cl ark ,pongG For Cxpundcd Clark Sbprmp Rdonitor[,,2018 Ruv docx Page 2 & _ m \ \ \ $§ \ § \} \ ` ! § ee § § !o LLI - o Ul AJ = ) ; _ ƒ 0 0 : : C) ® u { e ; M y , § - { - , G » ` - J ] \ ) } ; ; ) < _ C r « , t # LU 2 „ 0 LIP ) j / - / fix „ ` ! 2 ` ~ ` ' ® Q ! 2 ; ! 0 ) j { \ / ) 2 } : : ! [ ( -Fa tx ( ; } f § { \ § k \ / ) / / \ } \/ \ ) / � . , - ; ; ' E t t J ) \\ {/) E 2A \ j \ 0 \ { z ■ 4 � w- ! j ) \) / a \ k \ \ \ \ ® .c \ } \ jig 2 � I } ) U) ) ) ± \ / ± }§ ! d C.3 � c .� . N yy CL IL @ W �eA tr g n; r, aD1 L <i n U f j ca U) o_ m ray L i Y:i 0 r « oo v � o m t r U tppl��r � I VRmmmmNk tp 1 N 1 V � wY ql m O . ...y.,,.... .✓r SCHEDULE coNsljLruMG Effective January 2018 Unless otherwlse slated In the proposnI orservl us agreement,current rate,,are as lollows: ...,.. ,... . ... ...._ ......_._..____........ ....___.. PERSONNEL CHARGES: ENGINEERS, SCIENTISTS, AND ANALYSTS Hourly Rate Principals and Associates Principal Scientist/Engineer/Analyst 2 1244 Principal Scientisl/Engineer/Analyst I $2'1 Sr.Associate Scienllst/Enginaer/Anolyst $214 Associate ScienlisUEngineor/Analyst Technical Professionals Senior Scienti5t/Engineer/,4nolyst 3 $200 Senior Scientist/Engineer/Analyst 2 $Igq Senior Scienllsl/Engineer/Analysl 1 $176 Project Sclentsi/Engineer/Analysi 3 $162 Project Scienils UEnginoer/Analyst 2 $150 Project Scientist/Engineer/Analysl 1 $139 Staff Scientist/Engineer/Analyst 3 $129 Stall Scientist/Engineer/Analyst 2 $117 Staff Scientist/Engineer/Analyst 1 $109 __.� __ .......___.....—_................... ...�.... ._..._._..__ ...._......— _.._... ...._ ..__. PERSONNEL CHARGES: TECHNICAL AND PROJECT SUPPORT STAFF Hourly Rate Field/Construction Staff Field/Construction Supervisor $1 18 Field Technician 2 $g8 Field Technician 1 $90 Design, CAD, and Graphics Staff Engineering Designer $140 Sr.CAD Technician/Specialist $125 CAD Techniclan $119 Technical EaiRng and Project Operations Sr.Technical Editor $1 i Technical Editor $103 Project Coordinator 2 V5 Project Coordinator I $90 PERSONNEL CHARGES: TECHNOLOGY AND SOFTWARE DEVELOPMENT HourtyRate Sr.Technology Project Manager $2It) Technology Project Manager $I95 Senior Sol tw ore/Da labose Architect/Developer $-,go Software/Database Architect/Developer $1 J5 OTHER DISBURSEMENT CHARGES Legal Testimony j4-hcurminimim� $350/hr Mileage Federal Gov Rate Plus 15% Subconiractors and Miscellaneous Expenses Cost Plus 15% Other equipment, rentals,and expenses will be provided on a perjob basis. (_'Bent ac)rnowfcdges thol Aspect will ocriusf the. Schedule of<,hrnges onnually, and Ihol the Agreemnnl will rernoin wild for any and rail annually cra'pnteo'Schedule of Charges, EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liatflrity 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. Coimmercia General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance, The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 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. OP ID:SR DATE -" CERTIFICATE OF LIABILITY INSURANCE IMMmOIYYYY) 1110112017 HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS iERTIFICATE 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(Nos) must be endorsed. If SUBROGATION IS WANED, 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 certfI=holder in lieu of such endorsements. PRODUCER FRER ACT 5ppre ue kraal Giles .. _... ... __. ___. 1501 FouAh.Awonuo,Sudo 730 s,..�st1 ..Seattle,WA 98101.3225 L$John M.Policarc 2MEB.Ist.2_ INSURERIS]AFFOROINGCOVNsuRED Aspect Consulting, LLC EBA Lloyds of London 350 Madison Avenue North - " —ERe Allmenca Financial Bainbridge Island,WA 98110 ER e:National Union Fire Ins,co.ER DER ER F. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NONVITHSTANDING 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 AFFORCED 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. IN .,TR TYPE OF INSURANCE 'A6OL a ............_ . . _. FoucY for PGL1dY UP .. POLICY NUMBER MMrDrrrblYYY wo LIMITS — GENERAL LIABILITY FACE OCCURRENCE $ 2,000,00 'A X COMMERCIAL GENERAL LIABILITY X PGfARK09SSa.01 11f0112017 11/01/2018 DIWGF TO RENTEFD PREMISES IBa auuvenc4] $ 100,00 CLAIMS MADE �X,I OCCUR GENERAL yo V INJURY Y E 00 00 MED EXP An _ NON ADMITTED ADV INJURY $ ....— 00_ AGGREGATE ,: 5 5,000r00_ Qi E4WL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 5„000,00' f POLICY I X PRO LOG AUTOMOBILE LIABILTY X COMBINED SINGLE LIMIT -- s 1,000,0 B „X, ANY AUTO AW2-D413706.00 11101 f2017 1110112018 (Ea ce,denp A LLOWNEDAUTOS BODILY INJURY(Per person) g SCHEDULED AUTOS (p ER ACCIpEY(Per ace,denQ $ BODILY INJURY PROPERTY DAMAGE X HIREDAUTGS NT) $ X NON-OWNED AUTOS Comp Ded $ 5p... oil bad— -50 UMBRELLA LIAe X OCCUR EACH DCCUR_RENCE $ 6,000,00 W _X EXCESS B CLAIMS-MADE AGGREGATE 9 5r000,00 C ."—_'."""""' 1 .... - EBU020580438 1110112017 1110112018 _.. .....- ._ DEDUCTIBLE 4 RETENTION 4 ..__. ,,..___.. .—_................ 4 AND EMPS YERS'LIATION WC,TA}'U• OFH. AND EMPLOYERS LIABILT' r(} MT X LR A ANY PRoPnIEpoWARTNERBXELUTIVe YIN PCIARku4sen-u1 1110112017 11/01/2018 EL EACH ACCIpENT b 1,00000' OFFICERfMEMBER EXCLUDEp? ❑ N I. (Mandatary la rvHl A STOP GAP E L DISEASE-EA!L`MPLCINE: $ 1,000,00 If es dasw6ba untler DE BCRIP710NOFOPERANoNSbelaw EL DISEASE..PutlCY LIMIT $ 1,000,00 A Prolosslonal Llab PGIARK09690.01 11/0112017 1110112010 Ea Clalm 5,000,00 A Pollution Llab NON ADMITTED Total Clm 5,000,00 DESCRIPTION OF OPeRATIONS/LOCATIONS r VEHICLES ttA�OtaN ACORD 1a1,AddRl4rval R6R,Arkb Sbryadule,n mare apace is regr,lredl Certificate holder is aciditional Insured'if regulr d by written gontract or agreement,sub iect to the General&Auto I abi�Ity additional Insured proaielon ondo ements. Contract#090015 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. - Attn: Nancy Yoshitake 400 West Gowe AUTHORUH D REPRESENTATIVE Kent,WA 98032 (A/ " ©)1998(8-2009 ACO�Ro CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD POLICY#AW2-D413706 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1 CANCELLATION EXTENSION d. Any business entity for which you have a financial interest greater Paragraph A. CANCELLATION 2. b. of the than 50% of the voting stock or COMMON POLICY CONDITIONS is otherwise have a controlling replaced with the following_ interest after the effective date of b. 60 days before the effective date this policy or that is newly of cancellation if we cancel for acquired or formed by you during any other reason. the term of this policy. SECTION I -COVERED AUTOS The coverage provided by this provision is afforded until 2 EMPLOYEE HIRED "AUTOS" expiration or termination of this Description Of Covered Auto policy, whichever occurs earlier, Designation Symbols; Symbol 8 is replaced by the following: The coverage provided by this provision does not apply to any 8 = Hired "Autos" Only - Only those"autos" business entity described in d. you lease, hire, rent or borrow, including above that qualifies as an "autos" your employee hires at your insured under any other direction, for the purpose of conducting your automobile liability policy issued business This does not include any"auto' to that business entity as a you lease, hire, rent, or borrow from any of named insured or would have your"employees" or partners or members of been an insured except for the their households. exhaustion of the policy limits or t SECTION It -LIABILITY COVERAGE he insolvency of the insurer. The coverage provided by this 3. BROADENED NAMED INSURED provision does not apply to "bodily injury" nor"property The following is added to the SECTION 11 - damage" arising from an LIABILITY COVERAGE, Paragraph 1. Who accident that occurred prior to Is An Insured provision: your acquiring or forming the business entity described in d. above. Includes copyrighted material of Insurance Services Office, Inc with its permission. 461-0755 (9-97) Copyright, Insurance Services Office, Inc., 1996 POLICY#AW2-D413706 covered "auto'will not apply to glass direction, for the purpose of breakage if such glass is repaired, conducting your business, for a rather than replaced. period of 30 days or less, of like kind and use as the "autos' you 9. TRANSPORTATION EXPENSE own, subject to the following Paragraph 4. Coverage Extension. of The most we will pay for any one SECTION III - PHYSICAL DAMAGE loss is the lesser of the following: COVERAGE, A. COVERAGE is replaced with the following a. $50,000 per accident, or b cash value, or 4. Coverage Extension c the cost of repair, We will pay up to $50 per day to a minus the deductible equal to the maximum of$1500 for temporary lowest deductible applicable to any transportation expense incurred by owned "auto'for that coverage. you because of the total theft of a Any deductible shown in the covered "auto' of the private Declarations does not apply to passenger type. We will pay only "loss' caused by fire or lightning. for those covered "autos'for which Subject to the limit and deductible you carry either Comprehensive or stated above, we will provide Specified Causes of Loss coverage equal to the broadest Coverage. We will pay for coverage provided to any covered temporary transportation expenses "auto' you own, that is applicable to incurred during the period beginning the loss. 24 hours after the theft and ending, regardless of the policy's expiration, If the loss arises from an accident when the covered "auto" is returned for which you are legally liable and to use or we pay for its "loss". the lessor incurs an actual financial loss from that accident, we will 10. HIRED AUTO PHYSICAL DAMAGE cover the lessor's actual financial loss of use of the hired "auto"for a The following is added to SECTION III - period of up to seven consecutive PHYSICAL DAMAGE COVERAGE, A. days from the date of the accident, COVERAGE: subject to a limit of$1,000 per accident. 5. Hired Auto Physical Damage 11. AUDIO, VISUAL AND DATA If hired "autos'are covered "autos' ELECTRONIC EQUIPMENT for Liability Coverage and if Physical COVERAGE Damage Coverage of Comprehensive, Specified Causes The following is added to SECTION III - of Loss, or Collision is provided PHYSICAL DAMAGE COVERAGE, A. under this Coverage Form for any COVERAGE: "auto' you own, then the Physical Damage Coverage(s) provided is 6. Audio, Visual and Data Electronic extended to "autos" you hire without Equipment Coverage a driver or your employee hires, without a driver, at your We will pay for"loss' to any electronic equipment that receives Includes copyrighted material of Insurance Services Office, Inc. with its permission. 461-0155 (9-97) Copyright, Insurance Services Office, Inc., 1996 POLICY#AW2-D413706 excess. However, you may elect to covered "auto". If"loss' is apply the limit or any portion thereof caused by theft, this of coverage provided herein to pay number of days is added any deductible that is applicable to the number of days it under the provisions of the other takes to locate the covered coverage. "auto and transport it to a 12, RENTAL REIMBURSEMENT and repair shop. MATERIAL TRANSFER EXPENSE 2. 60 days, The following is added to SECTION III - Our payment is limited to the lesser PHYSICAL DAMAGE COVERAGE, A. of the fallowing amounts: COVERAGE: 1. Necessary and actual 7, Rental Reimbursement and expenses incurred, Material Transfer Expense including loss of use. This coverage provides only those 2 $3000. Physical Damage Coverages where a premium is shown in the This auto rental expense coverage Declarations It applies only to a does not apply while there are covered "auto' described or spare or reserve "autos' available to designated to which the Physical you for your operations. Damage Coverages apply. If"loss' results from the total theft of We will pay for auto rental expenses a covered "auto"of the private and the expenses, incurred by you passenger type, we will pay under because of"loss" to a covered this coverage only that amount of "auto', to remove and transfer your your rental reimbursement materials and equipment from the expenses which is not already covered "auto' Payment applies in provided for under the SECTION addition to the otherwise applicable III -PHYSICAL DAMAGE amount of each coverage you have COVERAGE, A. 4. Coverage on a covered "auto". No Extension. deductibles apply to this coverage. 13. AIRBAG COVERAGE We will pay only for those auto rental expenses incurred during the The following is added to SECTION III - policy period beginning 24 hours PHYSICAL DAMAGE COVERAGE, B. after the "loss' and ending, Exclusions, paragraph 3, regardless of the policy's expiration, with the lesser of the following The portion of this exclusion relating to number of days: mechanical or electrical breakdown does not apply to the accidental discharge of an 1. The number of days airbag. This coverage is excess of other reasonably required to collectible insurance or warranty. No repair or replace the deductible applies to this Airbag Coverage. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) i POLICY#AW2-D413706 5. Transfer Of Rights Of Recovery 19. HIRED AUTO—WORLDWIDE Against Others To Us COVERAGE If any person or organization to or The following is added to SECTION IV- for whom we make payment under Business Auto Conditions, B. General this Coverage Form has rights to Conditions, paragraph 7. Policy Period, recover damages from another, Coverage Territory provision. which have not been waived through the execution of an "insured e, Outside the coverage territory contract", written agreement, or described in a , b., c., and d. permit, prior to the "accident" or above for an "accident" or"loss" "loss" giving rise to the payment, resulting from the use of a those rights to recover damages covered "auto" you hire, without a from another are transferred to us. driver, or your employee hires That person or organization must do without a driver, at your direction, everything necessary to secure our for the purpose of conducting your rights and must do nothing after the business, for a period of 30 days "accident" or"loss" to impair them or less, provided the suit is brought within The United States 18. UNINTENTIONAL FAILURE TO of America or its territories or DISCLOSE INFORMATION possessions, The following is added to SECTION IV SECTION V - DEFINITIONS BUSINESS AUTO CONDITIONS. B. General Conditions, paragraph 2. 20 MENTAL ANGUISH Concealment, Misrepresentation Or Fraud: Paragraph C. "Bodily injury", SECTION V - DEFINITIONS is replaced by the following: Your unintentional error in disclosing, or failure to disclose, any material fact C, "Bodily injury" means bodily injury, existing after the effective date of this sickness or disease sustained by a Coverage Form shall not prejudice your person including death or mental rights under this Coverage Form, anguish resulting from any of these. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) ao- N'w lx NIT�� M � I aw �µ�., q�. • u � n tl b iw A IR IM IW ilpv M � Pu y vi W in � rv'W A • w 4A „^.m � ml rw I WM � u IIIIP� q II ,�!m I 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. J By: For: "/ "� " r r ^b7 °ev7 cL ( Title: ......._ Date: , lc7 i' rr EEO COMPLIANCE DOCUMENTS - 3