HomeMy WebLinkAboutPW11-120 - Original - GEI Consultants, Inc. - Boeing Levee Peer Review - 03/17/2011"-)
ecords M em
KENT DocumenWAsHINGTOX
CONTRACT COVER SHEET
This is to be completed by the cdntract Manager prior to submission
to City Clerks Offiie. All portions are to be completed.
If you hane questions, please contact city clerk's office.
Vendor Name: GEI Consultants Inc.
Vendor Number:
JD Edwards Number
Contract Number:ftJll- I
This is assigned by City Clerk's Office
Boeinq Lev eeProject Name:
Description: ! Interlocal Agreement
n Other:
l'l Chanqe"Order:i:,. r ..I
E Amendment X Contract
Contract Effective Date:s siqnatureTerm ination Date'L2/3L/tt
Contract Renewal Notice (DaYs):
Number of days required notlce for termination or renewal or amendment
Contract Manag er: Toby Hallock rtment:ineerin
Detail: (i.e. address, location, parcel number, tax id, etc'):
Provide peer review services for the p ro'iect.
.i-11,-lI
Date of the Mavor'
2
S: Public\RecordsManagement\Forms\Contractcover\adcc7832 | 11/08
KENT
WaSHINGToN
CONSULTANT SERVICES AGREEM ENT
between the CitY of Kent and
GEI Consultantsr Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and GEI Consultants, Inc. organized under the laws of the State of
dalifornia, located and- doing business at 180 Grand Ave,, Suite I4LO, Oakland, CA 946L2,
phone: (510) 350-2908/Fax: (510) 350-2901, Contact: Alberto Pujol (hereinafter the
"Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
The Consultant shall provide peer review services for the Boeing Levee 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. Upon the
effective date of this Agreement, Consultant shall complete the work described in Section I by
December 3L,zOIt.
III. COMPENSATION.
The City shall pay the Consultant, based on time and materials, an amount not to
exceed Fourteen Thousand, Five Hundred Twenty Eight Dollars ($14,528.00) 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
thal 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.
A.
CONSULTANT SERVICES AGREEMENT - 1
(Over $10,000)
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
Agreemeni. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to ail or any portion of an invoice, it shall notify the
Consultant and reserues lhe option to only pay that portion of the invoice not in
dispute. In that event, the paities 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:
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.
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.
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.
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 bonsultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington'
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
behallof 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
CONSULTANT SERVICES AGREEMENT - 2
(Over $10,000)
c
D
E
F
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
connettion with the Consultant's willfully wrongful acts or negligent performance of this
Agreement.
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 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 Consuttant. Consultant shall make such data, documents,
and files available to the City upon the City's request, 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. clTy'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
CONSULTANT SERVICES AGREEMENT - 3
(Over $10,000)
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. CONSUITANT ShAII IAKC AII
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, Ali work shall be done at Consultant's own risk, and Consultant shall be
responsible fbr 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 tliose covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with thE laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that d'rspute, difference or claim, shall only be by
fil-ing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
Kinj County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any clalm 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
biinging such claim or lawsuit, including a'il appeals, in addition to any other recovery or award
proulOe? by law; provided, however, nothing in this paragraph shall be construed to limit the
bity'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 ttre aooresses 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 termJ of this Agreement shall continue in full force and effect and no
further aisignment 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 rxnioits attached hereto, shall supersede all prior verbal statements of any officer or
CONSULTANT SERVICES AGREEMENT - 4
(Over $10,000)
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a pa.[ 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. Comoliance with Laws, The Consultant agrees to comply with all federal, state, and
municipal la*s, ,ules, and .egulations 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.
L Counterparts. 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.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
APPROVED AS TO FORM:
t Law rtment
GEI- Boeinq Levee/Hallock
CONSULTANT SERVICES AGREEMENT - 5
(Over $10,000)
CONSULTANT:
By:
Print
Its
e
DATE:
CITY OF KENT:
By
(signature)
I
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Albert Pujol
GEI Consultants, Inc.
180 Grand Ave., Suite 1410
Oakland, CA 94612
(510) 350-2908 (telePhone)
(510) 350-2901 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telePhone)
(253) 856-6500 (facsimile)
DECLARATION
CITV 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 .orpiy 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, Jubcontractor or suppiier 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 lubcontractors 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.
Dated mis lkl(n day of Mo",!^IL,20
For:/,omn If^,En. -
By
Title:
G6T
Vrn ll,n;,!nf
Date:
EEO COMPLIANCE DOCUMENTS - 1
I
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: I,2 EFFECTIVE DATE: JanuarY 1, 1998
SUBJECT
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 g10,000 or more within any given year, must take the following affirmative steps:
Provide a written statement to all new employees and
commitment as an equal opportunity employer.
subcontractors indicating
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.
Z. Monitoring to assure adherence to federal, state and local laws, policies and guidelines'
MINORITY AND WOMEN
CONTRACTORS
SUPERSEDES: APril 1, 1996
APPROVED BY Jim White, MaYor
1
EEO COMPLIANCE DOCUMENTS - 2
into on th
Kent.
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
(date), between the firm I represent and the City of
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'
Dated this
-
daY of 20-.
By
For
Title
Date:
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT A
GEI M
Geotechnical
Onvironmeltal
r,)f/ater Resoucces
Ecological
]anuary 28,2411
Mr. Toby Hallock
City of Kent
Public Works DeParhnent
220 Fourth Avenue South
Kent, WA 98032
RE:
Dear lrd:'. Hallock:
We are pleased to submit this proposal to provide Peer review engineering services for the
right bank Green River levee between South 200tn Street and South Z12mSheet, designated
the noeing Levee. Our proposed scope of work is based on the telephohe conversation
between you and GEI's Mr' Jim Nickerson on |anuary 21,2011'
Proiect Understanding
The City of Kent (City) has initiated. an engineering evaluation and certification process for
the,Ievee along the right bank of the Green River, with the overall o$ective of obtaining
Federal Emergency Management Agency (FEMA) accreditation of the levee in its Flood
Insurance Rate Maps $lRMs) for the area. The City has divided the levee into six reaches
and has engaged several consulting firms to prepaxe levee evaluation and certiJication
packages. We understand that the City intends to submit certi{ication packages to FEMA in
mid io late June 201"L.
The levee reach designated as the Boeing Levee extends from South 200& Street to South
212tr, Sfteet, a length of approximately one mile. 'Ihe City of Kent has engaged Tetra Tech to
evaluate the levee and prepare a FEIv{,A certi"fication package.
GEI Consrrltants, Inc'
180 Grand Avcnuc, Suite 1410, Oaklond' CA 94612
510 350 2900 fax: 510.350 2900
Proposal for Peer Review Engineering Services
Green River Levee Certi{ication - Boeing Levee $egment
Ciry of Kent, Washington
wwrv.geiconsultan ts.com
Mr. Toby Hallock January 28,2011
Scope of Work
The scope of work for this project invoives providing a peer review of the CLOMR and
levee Certification package for the Boeing Levee segment being prepared by Tetra Tech.
Our review will be focused on the completeness of the submittal and overall
appropriateness of procedures, design criteria, assumptions and basic analysis parameters
Our proposed scope of work is as follows:
L. Review of Draft FEMA Certification Reporh We wiil review the report and
supporting docurnents provided to us by the City of Kent. We anticipate the report
will include a narrative and supporting calculations documenting that the levee meets
the reqr.rirements of 44 CFR 65.10 of the NFIP Regulations. We expect this will inciude
topographic mapping, freeboard profiles, embankment seePage and stabilify analysis,
settlerrrent evaluation, erosion protection evaluation, closure structure evaluations and
a1interior drainage evaluation. Our technical review will be limited to assumptions,
procedures, results and conclusions. We will not be providing a detailed check of
calculation or models. We will not be conducting our own independent calculations
or models,
2. Review of Draft cLoMR Application: we will review the cLoMR MT-2
appiication forms and documentation that wi.lIbe submitted io FEMA. We expect this
will include the report included in Task 1 above and a completed set of the FEMA MT-
2 CLOMR appiication forms. We assume this review will be performed concurrenfly
with Task 1".
3. Summary Memorandum: We will prepare a ietter memorandum surLmarizing our
review courments.
4. Review of Final FEMA Certification Report and CLOMR Applications: We wili
review the final report and CLOMR application to back check that our review
comments havebeen addressed. We expect that the comments will have been
addressed and that we will issue a one page memorandum documenting our
concurrence
5. Coordinatioru We will coordinate with the City of Kent and its consultants as
requested by the Cify during the review. We will participate in meetings with FEMA
as requested. we assume that all meetings and discussions will occur by
teleconference and that no h'avel will occur-
2
Mr. Toby Hallock January 28,2A11
Schedule
We expect to complete our review about two weeks afier receiving i{re draJt documents' We
expect to complete our final review about fwo weeks after receiving the final docuinents.
We understand that Tetra Tech is just beginning their evaluation of the Boeing Levee and
that they expect to issue a draft FEMA Certi{ication Report and CLOMR Application in
eariy May. We anticipaie that final documents will be issued in late May.
Cost Estimate
We will perform the above scope of service on a time and materials basis based on the
attached Fee Schedule and Payment Terrns. Based on the information known to u$/ we
estimate that the cost of performing tire services outfined above will be approximately
$14,528. A breakdown of the estimated costs is included in the attached table. Invoices wi]l
be submitted monthly based on the services performed as of the end of each billing period.
3
Task Staff Hours Rate Cost
1.. Review of DraJt FEMA
Certification Report
Senior Project
Manager
(A. Pujol)
Senior Engineer
fl. Nickerson)
6
24
$22e
$r72
fil,374
fi4,'rz9
2. Review of Dra-ft CLOMR
Application
Senior Project
Manager
(A. Pujol)
Senior Engineer
(1. Nickerson)
2
10
$229
$trz
$458
$'1.,720
3. Summary Memorandum Senior Project
Manager
(A. Pujol)
Senior Engineer
0. Nickerson)
4
12
fi229
$172
$e16
fiz,064
4. Review of Final FEMA
Certification RePort and
CLOMR Application
$enior Project
Manager
(A. Pujoi)
Senior Engineer
(J. Nickerson)
2
12
fi229
fi172
$458
fiz,064
5, Coordination Senior Project
Manager
(A. Pujol)
Senior Engineer
0, Nickerson)
2
4
9229
$tzz
$458
$688
5. Direct
Total:7B #74,528
Mr. Toby Hallock January 28,zOfi
Terms and Condltions
Our work willbe performed in accordance the terms and conditions negotiated by the Ciiy
of Kentand GEI Consulants, hrc.
We appreciate the opportunify to submit this proposal and look forward to working with
you on this project. Please call me at 510-350-2908 ot Jim NickersonatTSl-72J'-4A23 with
any questions.
Sincerely,
GEI INC.
Aiberto Pujof P'E.
Vice President, Project Manager
Attachments: GEI Fee Schedule'and Payment Terrns
4
FEE S0HFDULE AND PAYMENTTERMS
Hourly Billing Rate
StaffProfessional -Gradei $ 94
StaffProfessional -Grade 2 $104
ProjectProfessional -Grade 3 $ 114
ProjectProfessional -Grade 4 $127
SeniorProfessional *GradeS $ 151
SenlorProfessional * Grade 6 $ 172
SeniorProfessional -Grade T $2A4
SeniorConsultant-Grade8 $229
SeniorConsultant*Gradeg $2Bz
Senior Principal * Grade 1o $ 282
*r&-_J*- ------+F:
Senior CADD Drafter and Designer $ 114
CADD Drafter / Designer and Senior Technician $ 104
Technician, Word Processor, Administrative Staff $ 84
PAYMENT TERM$
EI r'.dar!,iJ trlr
FEE SGHEDULE
l}€se rates are lilled fqf both regular aud overtime hours in all categories'
Rates will insrsase up to 5% annually, at CEI's opiion, for all conhacts 6rat extend beyond twelve (12) months after
the date of the confrbct.
oTHER PROJECT COSTS ,*h{
I
Subconsultauts, Subcontractors and Other Prolcnf Expenses - All costs for subconsultants, subconhactors and
otfr"r ptolect expeirseq wjll be billcd at cost plus a Jflo servicb charge. €xamples of such expenses ordinarily charged
to projectq are subcqqtractors; subconsultants: ch-emiqal laboratory charges; rcn!9d 9t leased field and laboratory
"quipmenU
outside printGg and reproduciion; communications and-mailing charges; reproduition expenses; shipping
"Jrti foi s.amples and equi"pment; iisposal of samples; rental vehicles; fares for travel on public carrierc; lPe9ial fees
for insu4ance^certificates, ienni*, licenses, etc.; fees for restoration of paving or land due to field exploration, etc.;
state sales aad use taxcs and state taxes on GEI fees'
Billing Rates for CA"DD aud Speciatized Technieal Computer Programs. * Computcr usage for CADD and
speciJizea technieal proErarrrs witi.te billed at a flrit rate of $ I0.00 per houi in addition to the labor required to operdte
the computer.
Field and Laboratory Equipment Billing Rates -' GEl-owned field and laboratory equipment such as pumps,
sampting cquipurent, *onitoriig instrumenf,tion, field density equipment, portable gas chromatographs, etc. will be
billed at a Oaili, weekly, or monthly rate, as needed tor the project. Expendable supplies are billed at a unit rate.
Trausportation and Subsistence - Automobile expenses for OEI or employee owned cars will be chargcd at the rate
po -il" set by the Internal Revenue Service for tax purposes plus tolls an{ galking charges. When required for a
project, four-wheel drive vehicles owned. by CEI or the employees will be billcd at a_daily:ate appropriate-for those
u"hi"lo. per diem living costs for personnel on assignment away from their home office will be negotiated for cacb
projcct.
A{ tl7lu
lnvoices will be submitted rnonthty or upon completion of a specified scope of service, as described in the accom-
panying contract (proposal, project, or agreement docusrent that is signed and dated by GEI and CL|ENT).
:,ffiri;$'."Jxr;-'"JiiJ$Jl",il"JjFif**.1*fi;:i:J:*:"i:,J#:"irmfifffiTffi:I"i.li.,9: nr ,h/n
etscffonic transfer to the address specified by GEI and will include reference to 6EI's invoice number.
Standard Fee $chedule 20{ I Effectlve Janua ry 1, 2011
EXHIBIT B
INSURANCE REQUIREM ENTS FOR
CONSU LTANT SERVICES AGREEM ENTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to pro,perty which
miy arise f6m or in connection with th'e performance. of the work hereunder
Oy ttre Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum ScoPe of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liabilitv insurance covering all owned, non-o_wned,
ffihicles.CoverageshallbewrittenonInsurance
Services Office (ISO) form CA O0 01 or a substitute form providing
equivalent liability c6verage. If necessary, the policy shall be
endorsed to provide contractual liability coverage'
2. Commercial General Liabilitv insurance sha.ll be written on ISO
occurrenZe fornrcG O0 O1 dnd shall cover liability arising from
prem ises, operatio ns, independent con-tractorS, prod ucts-com pleted
bperations, personal injury and advertising injury, and liability
assumed un'Oer an insureci contract. The Commercial General
Liability insurance shall be endorsed to provide the Ao_gregate..Per
Project'Endorsement ISO form CG 25 03 11 85. The City shall be
named as an insured under the Contractor's Commercial General
Liability insurance policy with respect to the wolk p-e{ory.e.d for the
City using ISO additionil insured endorsement CG 20 10 11 85 ora
su6stitute endorsement providing equivalent coverage'
3. Workers'compensation coverage as required by the Industrial
Insurance laws of the State of Washington'
4. Professional Liability insurance appropriate to the Consultant's
profession.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
ffiy and property damage of $1,000,000 per
accident.
EXHIBIT B (continued)
2. Commercial General Liability insurance shall be written with limits
ih occurrence, $2,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit.
3. professional Liability insurance shall be written with limits no less
@claimand$1,000,000policyaggregatelimit.
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 Contractor's insurance coverage shall be primary insurance as
respect the City. Any Insurance, slelf-insurance, or insurance pool
coverage mainiained'by the City shall be excess of the Contractor's
insurance and shall not contribute with it'
2. In the event Notice of Cancellation or Non-Renewal of Insurance is
provided to Consultant by Consultant's insurer, the Con.s-ultant is
i-equired to provide 30 ddys prior written notice by Certified Mail,
return receipt requested 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 contractor and a copy of the endorsement
niming the City as additional insured shall be attached to the
Certifijate of Irisurance. The City reserves the right_to receive a
@ired insur'ance policies. The Contractor's
Commercia'l
-General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whorn-claim is mad-e 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
Contractor shall furnish the City with original certificates and a copy of the
imendatory endorsements, inciuding but not necessarily limited to the
iOOitionat ihsured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work'
'_tt,
EXHIBIT B (continued)
F. Subcontractors
Contractor 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 Contractor.
CERTIF ICATE OF LIABILITY IN$URANCE
SHOULD ANY OF THE ABOVE DESCRIBED POTICIES BE CANCEI-LED EEFORE
iiii-E-xiirimlbil oiiir rHtREoa NorlcE rrlll 8E DEUvERED lN
ACCORDANCEWfTH THE POLICY PROVISION$'
*fnt: 4,--r! "jlri--'S'n3; "n
AUTIIORIZED REPRESEfi TATff E
Herl^lhy,/BogtoN
ClLv of Kent
N-"iV Yoehitake, Engineerlng Admin
Psbl.l.c Ttotks DePartmea!
220 trourbh Ave. SoutL
ldent, WA 98032
DATE {MHTDD'YY\ry)
011
?HISHOLDER.
FoLl0lEsTHE
AUTHORTZED
TIONtfbailEtmthe thetonotconferdoesrlghtscertlficatetbisonstalem€ntendo:semenganrequircmaypolicy,certalncoDditlonslheoftBrmsandthe
anlf the
ln HlchaLe Callahan
(617) 328-68$8(61? )328*€555
.com
01293
PBODUOER
Anee aad Gough
859 Wtllard gtreeg
SuiEq 320
GEI Cot36ulbaEt6' Iac.
180 Grartd evenEe
Sulte 1410
oakland eA 946L2-30L7
A$URED
1 000 0
300
10 0EXF
0
2
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A
GEIIERALUAEILIW
u$r PEK
$ xr 000, 000CO',ISINED SINGLE LI},JTT
a('ldenU
EoDltY INJURY (Pet P6IEm)
BoDttY TNJURY {Per acddenl}
$PROPERTY OiitAGE
$1 o00 ,0Uhd6rinEured motodsl
000,0s1unhrured rnotodrl caxnuled
011010x4927V447
B
AUTOIIOB'IE UABIUIY
AIIYAUTO
ArL OWr{gD Alrtos
SCHEDULED AIIIOS
HICED AfilOS
NoN'Oyt!.lED AltIO8
2 ooo. s0*x 000occunUI,{BRFLI4 UAF
ricess urs
,1484N486xDEOUCTISLE
01110
A AND EIiPLOYER$' LIASflJTY Y'NT
I 000
1/00oro0PERClAl}'l
AGGREGATE
92229906Professionalf,labi].it'Y
Cgnbractor tE Pollutlon
D
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1Iabtliby
evereblllibgardlng' Ggneral,
to pr{nri1Y a1f no.n'
R6miltg It spaco ts ,equted)sohedule,{All!chI LOFAilOltS rvEHlOLEs ACORDIO{, AddlttDnrlQPEfiATIOilSDESCRIFIIOII OF
eIreVe ProJ€o!Baelng!roJsot and ur'brellaAute.addltlonal fnsured{g galncludedofK€NIclby sAconbribuEoryeha1.1aboveghqwnprofeeslonal){nqbIngurance
(cL forn allactledl. The
gy of, xnL.er€ab Ptovl6lon
ACORD 26
073?3
ll.lS025 Boososl The AOORD nome and logo are reglstered
o
of
CORPORATION-All rights reserved.
CI.,..MERC[AL GENEML LIABILITY
THIS ENDORSEN,IENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
.a-
BLANI(ET ADDITIONAL IN$URED - WRITTEN . ,,'
G0NTRACTS (ARCHITECTS, ENGINEERS AND "
suRvEvoRs)
This endorsement modifies lnsurlnce provided underthe following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
{. The foltowing ls added to $ECTION ll - WHo I$
AN INSURED:
' Any pemori or organieatlon that you agree ln a
"written contrac{ requiring }ngulanoe" to lnolude as
sn addltlonal insured on this Cove€ge Part,. btit:
a, O.nly with respect to llsbllity for "bodlly'lnjury"'
'property damageo or "per$onal lnjury"; and
b. lf, and'only to the sdent thal, lhe injury or
damage ls osused. by acts or omlsslons of
ygu or your subccntractor in lhe performance
of "your work" to whlch the "wrili6n conlract
requiring Insuranceu applles. The person or
organization does not qualify as an additional
lnsured with respeot to the independent agts
or omissions of such person or oryanizatlon; r,,'
The insurance provided to such additiopal insijidq' ..:
is limited as follows;
, ;r',, , ,,..c. in the event that the Limlts of lnsuiancb bd
"thls Coverage Pafi shown tn lhe Declarations
exceed the limits of liability requir€d by lhe
"wrilten contraci requiring lnsurance", the ln'
sulance proviOeO to the additlonal insured
shalt be liinited to the llmlts of liabili{y required
by ihat "wrltten contraof requlring lnsuranbe".
This endotsement shall not lncrease the limlts
of insurance described in Sectlorl llt -.LlmitsOflnsurance. ,''.., :
d. Thls insurance does nol apply to'the'iender-
lng of or failure to render aliy'.t'prqfessignal
seruiceg' or construotion managenent ergrs
or omisslons.
e. This lnsurance does noi apply to "bodily in-
ju4f or nproperty damage" caused by "your
work" and included in the "producls'
comploted op€rations hazard" unless the
"wrilten contract requlring lnsufance" speelfi-
. cally requires you to provide such coverqge
For lhat additional insured, and lhen the insqr'
ance provided 10 ihe addltlonal lnsured
.1q;,
!
plles only to such "bodlly lnjuf or "pmpefty
damage" ihat occurs before the end ofthe pe-
riod of iime for rrhioh the "wiften contrac{ re-
quiring in$urance'. tequlres you to provide
iuc{r coverage or lhe snd of.the policy pedod.
whicheverls earlier.
2, The followlng ls addsd to Paragraph 4.4. 0f sEc-
TION lV - CoM[l]ERcLAL GENERAL LIAB]LITY
CONDITIONS:
The insurance provided to the additisnal insured
ls excess over any valld and collectlble I'other in'
surance", whether pimary, excass, conlingent or
ofl any other basis, that is avallable to the addh
tional lnsured fof a loss we covsr. However, if you
specilically agree in lhe "wrltlen conlract requidng
lnsuranceo that thls insurance provided to the ad'I ditional insured under thie Coverage Psrt rnust
apply on a pdmary basis or a primary and non'' conldbutory basis, this insurance Is pdmary lo
"other insurance" availabla to the additlonal in"
sured which covers that person or organizalion as
a named insured for such loss, aild we will not
share with that "other insurancs". But ihis insur-
ance provided to the addttional lnsured sllll Is ex-
segs over any valld and collsctlble "other insur'
anceo, whether primary, excessi conllngent or on
any oiher basls, that is avallabie to the addltlonal
lnsured when that pBrson or organizatlon Is an
additionat lnsurod under. any "olher lnsuraflcen.
$. The follov'dng is added to SECTION lV - COM'
MERC'AL qENERAL LIABI LITY CONDITIONS;
Duties of An Addltlonal lnsured
As a conditlon of coverage provided to ihe addi-
tionalinsured;
a. The additionsl insured musl give us writt€n
nstice as soon as praclisable of an "occur'
. r€nce" or an offense wftich may rebult in a
r.. claim. To the extent possible, such notice
should lnclude:
cc D4 14 04 08 @ 2otig Ttre Travelers Companles, lDc.Page 1 of2
€
:
rs!!!:=
COMMERCIAL GENERAL LlAh,.-rTY
L How' rvten and wfiere the .'lg9.cunqnc9"
or offense took place; . r, .,,
ii. The nameg and adiresses'of hny irilurbc
persons and wilnesses; anO
iii. The nalqre and location of any injury or
damage arising out of the noccunenqe" or
offense.
b. lf a dairn is made or "sultn is brought against
the additional insured. the addltlonal lnsured
must
i. lmmediatety iecord the speclfics of':thb
claim or "sult" and the date reeeived; 4rid
ii. Notifo us as soon as practicable. .i .. The additional insured must see to it thit w$
receive wrilten notice of the claim or osuito a$
soon as praclicable.
c, The addittonal insured must immediately send
us ooples of all legat pepers received in con-
nection v*lth the clalrn or "suito, cooperats with
us. in the investlgation or settlement of the
claim or defense agalnst the "sulf', and oth'
enrise comply wittl allpolicy oonditions'
d. The additional insured must'tgnde;;the,,de-
fense and lndemniiy of any claim or '5uiF to
any Frovider of other insufance v*hioh wouH
cover lha additlonal insured for a loss we
cover. However, thls condltlon dees not affect
whether thls lnsumnce provided to the addl-
tional insursd ls prirnary to that other insur-
ance avatlable to the additional Insured wlilclr
covers that person or organization as a
named insured.
4. The fotlowing is added to the DEFINITION$ Sec-
tion:
.Tll/ritten contract requiring insuranse* means lhat
part of any nrittan conlraot or agreernent under
which you arc required to lnclude a person 0r or-
.ganizatlon as an addlllbnal lnsured on this Cover-
age Part, provided that the 'bodili injury" and
"property damage" occurs and the "peBonal in-
jury" is caused by an offense commltted:
a. Aflerthe signing and execulion of the'contraot
or agrterflenl E yoq
b. White thal part of lhe contrad or agreement [s
in effecq and
c. Before the end of tha polioy period.
l"
o0caE3
Page? of 2 @ mS The Travelers Gompanles. lnc,cc D4 {4 04 08
REQUEST FOR MAYOR',S STGNATURE
Please Fill in All Applicable Boxes
KF^llT r&is form mffsf be prfnfed on cfle {ry Paper
Routing Information (ALL REQUESTS MUS.T EIRST BE ROIJTED THROUGH THE LAW DEPARTMENT)
Brief Explanation of Document
The attached agreement is for GEI consultants to provide peer review services for the Boeing Levee Project' For a
summary, see the attached prepared by Alex Murillo'
AII Contracts Must Be Routed Through the Law Department
Shaded Areas to Be Completed by Administration Staff
;-'ilr,i {ii
iile 'l'.ifaVOi
Originator: TobY Hallock Phone (Originator): ssso
Date Serrt: s/ts/tt Date Required: 2/aal tt
Return Signed Document to: NancY Yoshitake CONTRACT TERMINATION DATE: 12t31t11
VENDOR NAME: GElConsultants, lnc'DATE OF COUNCII APPROVAL: 2t15t11
BY'[hetaw'ililT[[
?o$il*afln> tlhc''11[rt't>RE.CEIVED {itb
i$AR 15 Zttt
'1ruu L
KEI-{T LeW DEPT'
(This Area to be ComPleted.
Received:
Approval of Law Dept.:
Law Dept. Comments:i,r--., ( I ,F!
l- )Lt,KU,U*u.q_
\
Date Forwarded to MaYor
Date Returned:
lage5B70-templatebase' 2/ 07