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HomeMy WebLinkAboutCAG2024-386 - Original - Jacobs engineering Group, Inc - 81st avenue Pump Station - 08/15/24 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W A s H i N G T o N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Karin Bayes for Stephen Lincoln Public Works Date Sent: Date Required: 0 08/09/2024 8/16/2024 y Mayor or Designee to Sign.Q Y 9 9 Date of Council Approval: Q Interlocal Agreement Uploaded to Website N/A Budget Account Number: Grant? Yes No�✓ D20120 Budget?�✓ Yes E]No Type: N/A Vendor Name: Category: Jacobs Engineering Group Inc. Contract Vendor Number: Sub-Category: = Original 0 R Project Name: 81St Avenue Pump Station cProject Details: The Consultant shall provide engineering design services for the _= 81st Avenue Pump Station. Agreement Amount: $41,410.29 Basis for Selection of Contractor: Other *Memo to Mayor must be attached Start Date: Upon Execution Termination Date: 12/31/2025 Q Local Business? Yes F—]No* lfmeets requirements per KCC 3.70.7 00,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. Business License Verification: ❑Yes ElIn-Process Exempt(KCC 5.01.045) ElAuthorized Signer Verified Notice required prior to disclosure? Contract Number: F—]YesF—]No CAG2024-386 Comments: % Consultant needs to provide waiver of subrogation. in C cc Z, a� Date Received:City Attorney: 8/9/24 Date Routed:Mayor's Office 8/15/24 City Clerk's Office 8/15/24 adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Jacobs Engineering Group Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Jacobs Engineering Group Inc. organized under the laws of the State of Delaware, located and doing business at 1100 1121" Avenue NE, Suite 500, Bellevue, WA 98004, Phone: (206) 898-5399, Contact: Erik Brodahl (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide engineering design services for the 815t Avenue Pump Station. For a description, see the Consultant's Scope of Work, attached as Exhibit A and incorporated by this reference. The 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. The Consultant shall complete the work described in Section I by December 31, 2025. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty One Thousand, Four Hundred Ten Dollars and Twenty Nine Cents ($41,410.29), 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. C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If the CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) Consultant voluntarily participates in this Program, the Consultant will be solely responsible for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. 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 the 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 the 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 the 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 the Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. VII. 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. The Consultant shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. VIII. INDEMNIFICATION. The 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 the 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 the Consultant's liability accruing from that obligation 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 the 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 the 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. IX. 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. X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) XI. 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. The 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 the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the 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. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The 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 the Consultant's own risk, and the 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. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in 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 VIII 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 the Consultant. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) 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 the 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 - 5 (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: 6 , Print Name: Andrew B. Behnke Print Name: Dana Ralph Its Manager of Projects Its Mayor DATE: 8/5/2024 DATE: 08/15/2024 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Erik Brodahl Chad Bieren, P.E. Jacobs Engineering Group Inc. City of Kent 1100 112t" Avenue NE, Suite 500 220 Fourth Avenue South Bellevue, WA 98004 Kent, WA 98032 (206) 898-5399 (telephone) (253) 856-5500 (telephone) erik.brodahl@jacobs.com (email) PublicWorks@Kentwa.gov (email) APPROVED AS TO FORM: L -- Kent Law Depart nt ATTEST: k�� 6WT� Kent City Clerk kb-6/14/2024 CONSULTANT SERVICES AGREEMENT - 6 (Over$20,000) DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, 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 statements 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 I, 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. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, EEO COMPLIANCE DOCUMENTS - 2 or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; EEO COMPLIANCE DOCUMENTS - 3 xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. By: J,/, For: Jacobs Engineering Group Inc. Title: Manager of Projects Date: 8/5/2024 EEO COMPLIANCE DOCUMENTS - 4 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment opportunity and non-discrimination in contracting 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. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. 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 coordinate with the City's Title VI coordinator, and perform 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 - 5 Exhibit A City of Kent SCOPE OF SERVICES 81st Avenue South Stormwater Pump Station Replacement Engineering Design and Bidding Services ------------------------ Jacobs Engineering Group Inc. May 2024 1. PROJECT UNDERSTANDING The City of Kent's (City) existing 81 st Avenue South Pump Station is located generally southwest of the corner of South 196th Street and 841h Avenue South (northwest corner of the Hexcel Corporation parking lot). The pump station was installed in approximately 2005 to relieve flooding, but the pump and conveyance system are undersized and flooding regularly occurs during storm events. The pump station features a single vertical turbine pump that was recycled from another location and is mounted directly above a wet well manhole. The pump station discharges through a flap gate to a conveyance system along the South 196th Street trunk storm drain system to Garrison Creek, tributary to Springbrook Creek, which also flooded during a December 2019 flood event. The outfall for the conveyance system is through a 72- inch duckbill valve to Garrison Creek, which may have been installed as recently as 2015. The City's 2008 Drainage Master Plan (DMP) recommended upgrading the 81 st Avenue South Pump Station and upsizing Trunk Storm Drains (TSDs) in South 1961h Street to reduce flooding issues. The City has determined that there is capacity to discharge the storm water from the future pump station into Garrison Creek, at the existing discharge location near South 196th Street. In 2021, Jacobs Engineering Group Inc. (Jacobs/Consultant) prepared a sizing study of the pump station to determine the appropriate level of facilities needed. Working from this study, evaluating various return interval rainfall events versus the estimated construction costs of various pump and conveyance configurations, City staff identified a package pump station with two pumps with a maximum capacity of 10 cfs each, as the preferred alternative that meets the City's current business needs. Jacobs will assist the City with preparing the design based upon the conclusions from the previous study and the City's updated direction for the project specifics. The City will prepare a significant portion of the civil engineering design and related services, with specific components identified within this scope of services to be prepared by Jacobs. The City will be responsible for stormwater conveyance piping improvements upstream and downstream from the pump station, including check valves as needed at the discharge location. The City will work with Whitney Equipment to develop the design of a Onel-ift packaged pump station and associated submersible pumps. May 2024 Page 1 of 8 ,Jacobs Engineering Group Inc. Proiect Goals and Obiectives: The new pump station will include significantly upgraded pumping capacity, a new packaged pump station with a wet well and integral valve vault, and a new electrical system with controls. Site work will include demolition of the existing pump station and restoration of the existing paved site. The project will also include conveyance improvements, with gravity connections to the new pump station and a force main discharge connecting to the existing system. The electrical and control system equipment will be installed on asphalt beneath the existing shelter/canopy. 2. ASSUMPTIONS The following items are not currently included with the Consultant's scope of services, but may be added by amendment or new contract(s) if requested by the City: utility record research, utility locates, utility potholing, surveying, geotechnical services, foundation design, shoring/dewatering/backfill/buoyancy design and recommendations, site work design, mechanical design of the pump station facilities, pump sizing and selection, stormwater collection and treatment, a stormwater drainage report, instrumentation and controls design, landscaping, environmental compliance evaluation, permitting, preparation of a Stormwater Pollution Prevention Plan (SWPPP), public involvement, coordination with Puget Sound Energy, sizing of a new electrical service, traffic control plans, cost estimates, and construction services. This scope of work is based on the following assumptions: Engineerinq Design Assumptions: Pump Station, Mechanical Equipment, Valves, and Associated Fittings: • The pump station is planned to be sized with two 10-CFS pumps, with a total pumping capacity of 20-CFS, the maximum size allowable without upsizing the existing electrical service. • The existing pump station will be demolished, and the vertical turbine pump, motor control center and control system equipment will be removed intact and returned to Kent Public Works Operations, to be salvaged for components. • The new facility will include a prefabricated OneLift (by Oldcastle) pump station, with a precast concrete wet well and an integral valve vault, along with submersible pumps and level controls. • City will provide hydraulic calculations to determine the total dynamic head (TDH), to size the pump and drive equipment and prepare associated drawings. • Consultant will not evaluate pump hydraulics nor further evaluate potential impacts to the downstream conveyance system. City responsible for resolving any issues identified in previous study for this facility. • Consultant will provide specification inserts to the Kent Special Provisions (KSPs) for the packaged OneLift pump station and associated submersible pumps. Pump Station Electrical Engineering: • Three-phase power is assumed to be readily available adjacent to the site, and the existing transformer vault will be reused for this project. May 2024 Page 2 of 8 Jacobs Engineering Group Inc. • The Contractor will be responsible for obtaining any necessary electrical permits required for construction. Review Package Compilation and Control: • The Consultant will prepare certain plan sheets and specifications for insertion into the overall plans and specifications prepared by the City. • The Consultant will coordinate with the City CAD lead for the project, who will maintain overall responsibility for the compilation of the drawings, including preparation of the title blocks, cover sheet, general notes, site map, survey information, sheet index, and drawing numbering. CAD files will be stored on a City-provided OneDrive site. • The Consultant will be responsible for reviewing the design of the packaged pump station (OneLift prefabricated pump station with integral valve vault) and submersible pumps/motors, prepared by the City in conjunction with Whitney Equipment. The Consultant will prepare technical specification inserts to the KSPs for the OneLift pump station and submersible pumps. The Consultant will provide the electrical engineering design for the new pump station facilities. • The Consultant will provide signed engineering stamps for drawings and specifications prepared directly by the Consultant or under the Consultant's supervision (specifications for OneLift prefabricated pump station with submersible pumps and electrical engineering drawings/specifications only). Bidding Schedule: • Consultant will provide support during bidding for addressing of questions and requests for variances related to the Consultant prepared drawings and specifications. General Project Management and Execution Assumptions: • Subconsultants: Consultant will not hire any subconsultants for this project. • Liability for Client Work: Consultant will not be liable or responsible for the work prepared by the City. • Right-to-Rely: City will provide to Consultant all data in City's possession relating to Consultant's services on the project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by City. Availability of records and data are beyond the Consultant's control. Unanticipated delays in receipt of data or need to collect additional data for validation could impact the delivery schedule or level of effort. • Limit of Design Services: This scope of services ends with bidding services. Construction phase services, including preparation of issued for construction (IFC) drawings and conformed specifications are not currently included, but may be added by future addendum or contract. The City has provided and will provide certain documents including the following: • Record drawings of the existing pump station and adjacent conveyance systems. • Preferences for facility type, orientation, and equipment. • Drawings of proposed OneLift prefabricated pump station package, for Consultant review. May 2024 Page 3 of 8 Jacobs Engineering Group Inc. 3. PROPOSED SCOPE OF WORK FOR ENGINEERING DESIGN AND BIDDING SERVICES Below are the identified tasks for the project. Before the start of each task of work, Jacobs will obtain written or verbal notice to proceed from the City's Project Manager prior to initiating work. Task 100 —Project Management The purpose of this task is to provide oversight and management of the work including contract administration, quality assurance, and periodic communication with the City for a period of up to five (5) months from notice-to-proceed (NTP). Activities: Obtain written or verbal notice to proceed from the City's Project Manager prior to initiating work for this task. Project Plan. The Consultant will prepare a Project Plan describing the project background and purpose, project scope, schedule, budget, list of relevant design standards, project-specific QA/QC plan, and project communication and administrative protocols. Kickoff Meeting. The kickoff meeting will include a review of the data provided and to be provided by the City, discussion of the existing 81 st Avenue South Pump Station operating parameters and goals for the new facility. Consultant will plan to have one staff member participate in the meeting with a site visit (as needed) following the meeting. Up to four hours of time is allocated for preparation, the meeting and travel. Project Administration. The following activities are included for a project duration of up to five months: • The Consultant will manage the project according to the Scope, Schedule, and Budget as defined herein and as contracted. • The Consultant will monitor the schedule and prepare updates monthly, as necessary. The project schedule will identify significant tasks and anticipated durations, significant milestones, City review and comment resolution periods. • The Consultant will prepare a monthly progress report to accompany each monthly invoice. Progress reports will include a narrative of work completed and budget adherence. Project Communication. The Consultant will maintain regular communication with the City's Project Manager to discuss and review information and issues that may affect the progress of the work. Communication may include phone conversations, scheduled meetings, and email. Deliverables: The following Deliverables are included in this Task: • Project schedule identifying significant tasks and anticipated durations, significant milestones, and periods for City review with Consultant comment resolution. • Monthly progress report and invoices. May 2024 Page 4 of 8 Jacobs Engineering Group Inc. • Periodic communications documentation as requested. Task 200—60% Pump Station Design The purpose of this task is to prepare design drawings, specifications/contract documents for disciplines including mechanical (OneLift packaged pump station specifications only) and electrical for the main components of the pump station. Consultant will review packaged pump station drawings prepared by City. Quality Control. The Consultant will implement quality assurance procedures so that project deliverables are subjected to in-house reviews prior to submittal to the City. These reviews will focus on checking the major elements with respect to adequacy of response to the specific study challenges, conformance to accepted design practices, compliance with the City's standards and that the work is of professional quality meeting the customary standard of care. Activities: Obtain written or verbal notice to proceed from the City's Project Manager prior to initiating work for this task. 60 Percent Drawings. The 60% level design drawings are anticipated to include the following (including identification of responsibility for preparation): • Overall project cover sheet (City) • Sheet index (City) • General notes, abbreviations, and legend (City) • Survey and datum information for existing site (City) • Temporary erosion and sediment controls (TESC) plan and details (City) • Pump station plan and profile (City/Whitney Equipment) • Pumping system layout (City) • Gravity and storm pipes, manholes, and catch basins in plan and profile (City) • Force main plan and profile (City) • Electrical cover sheet with abbreviations and legend (Consultant) • Electrical schedules including lighting, conduit and cable (Consultant) • Electrical site plan, with power and grounding (Consultant) • Electrical plans and section views — pump station; motor control center, and main control panel (Consultant) • Electrical one-line diagram (Consultant) • Electrical details and electrical equipment diagrams (Consultant) • I&C drawing package (City's separate I&C Consultant) This scope of work assumes approximately 20 to 25 total drawing sheets will be necessary (not including I&C drawings), although not all of these are necessarily expected to be provided at the 60% design stage. Disciplines involved at the 60% design stage will include civil, mechanical, May 2024 Page 5 of 8 Jacobs Engineering Group Inc. and electrical. Additional details and/or drawing sheets may be added as needed between the 60%, 90% and final design stages. Electrical design will be prepared in accordance with current NEC and Washington State energy codes. 60 Percent Specifications. Technical specifications and contract documents in the City's standard format, Kent Special Provisions (KSPs), will be provided by the City and modified by the Consultant as necessary to address project specifics. The City will lead the KSPs, focusing on the front-end (including all bid items and quantities) and technical sections for portions of the project being designed by the City. The Consultant will prepare input to the KSP technical specifications for the prefabricated pump station, pumps, motors, and associated components only. The Consultant will also prepare technical specifications for the electrical discipline in CSI format, to be included as an appendix to the KSPs (similar to the format of the Washington South Stormwater Pump Station project). City will hire Systems Interface separately to provide CSI specifications for I&C portions of the project. Meetings. The City and Consultant will meet for a virtual 60% design review meeting (as needed) to discuss the City's review comments. Up to four hours for one staff member has been allocated for this meeting, including preparation time. Deliverables: • 60% design drawings, electronic (AutoCAD and PDF) version. • 60% technical specifications, electronic (Microsoft Word) version of updates to KSPs and PDFs of CSI specifications. Task 300—90% Pump Station Design The purpose of this Task is to provide 90 percent design drawings and specifications/contract documents, and review of the City's packaged pump station drawings. Activities: Obtain written or verbal notice to proceed from the City's Project Manager prior to initiating work for this task. 90 Percent Drawings/Specifications/OPCC. The items identified in the 60% stage will be further progressed and refined to the 90% design level. The scope and level of effort assume the Consultant will provide up to 6 electrical drawings, up to 25 pages of KSP inserts, and up to 15 Division 26 CSI formatted specification sections, which will be the total provided for this project (no additional documents at the final stage). Meetings. The City and Consultant will meet for a virtual 90% design review meeting (as needed) to discuss the City's review comments. Up to four hours including preparation for one staff member has been allocated for this meeting. May 2024 Page 6 of 8 Jacobs Engineering Group Inc. Deliverables: • Written responses to City's 60% compiled review comments. • 90% design drawings, electronic (PDF) version. • 90% technical specifications, electronic (Microsoft Word) version for KSP input and PDF version of CSI specifications. Task 400— Final Pump Station Design The purpose of this Task is to provide final design drawings and specifications/contract documents. Activities: Obtain written or verbal notice to proceed from the City's Project Manager prior to initiating work for this task. Final Drawings/Specifications/OPCC. The items identified in the 60% and 90% design stages will be progressed to the final design level. Deliverables: • Written responses to City's 90% compiled review comments. • Final design drawings, electronic (PDF) version (all signed and stamped). • Final technical specifications, electronic (Microsoft Word) version of input to KSPs and PDF version of CSI specifications (signed and stamped). Task 500 —Bidding Services The purpose of this task is to provide consulting services during the bidding phase to address prospective bidder's questions. Activities: Obtain written or verbal notice to proceed from the City's Project Manager prior to initiating work for this task. It is assumed that the City will take lead in the bidding administration. Consultant will respond to questions from prospective bidders, as directed by City, in the form of written addenda as needed. Efforts will include research and resolution of issues needing clarification or modification to the Issued for Bid documents, up to twelve (12) hours. Deliverables: • Written addenda in electronic format, for formal issue by City. 4. PROPOSED KEY CONSULTANT STAFF The following key staff members of the Consultant have been identified for this project: • Project Manager: Erik Brodahl • QA/QC: Paul Tissell May 2024 Page 7 of 8 Jacobs Engineering Group Inc. • Lead Electrical Engineer: Jacob Hellen 5. PROPOSED SCHEDULE Schedule to be determined by City, with review and input from Consultant for provided Consultant services. For time-based level of effort, such as overall project management and coordination, a five (5) month schedule from NTP has been assumed, including bidding services. It is assumed that the City will provide consolidated/compiled review comments within two weeks (14 calendar days) after each submittal by the Consultant. Approximate development times in calendar days following individual notices to proceed are provided below. • 60% pump station electrical drawings with packaged pump station and electrical specifications: 30 days • 90% pump station electrical drawings with packaged pump station and electrical specifications: 25 days • Final pump station electrical drawings with packaged pump station and electrical specifications: 15 days END OF SCOPE OF WORK May 2024 Page 8 of 8 Jacobs Engineering Group Inc. Jacobs Engineering Group Inc. 81 st Avenue South Stormwater Pump — Station Replacement O @ Engineering Design and Bidding u O m O m x Services a ¢ � Q U g0 mW u a o. May 2024 u) N « Y o m E F O F- a T @ y Y N C d TASK I SUBTASK TITLES m i= ¢ < = M a $' o _ ' 'E x m a m a uj R ' m p W a M. U) O N V O F- Task 100-Project Management Project Management Plan,Schedule,and Setup 6 6 6 S 1,559.38 $ 1,559.38 Kickoff Meetin 3 3 3 S 779.69 $ 779.69 roject Administration an Communication 5 5 5 $ 1,299.48 $ 1,299.48 Subtotal 14 14 01 0 0 0 0 14 $ 3,638.54 $ 3,638.54 8.80% Task 200-60%Pump Station Design 60%Calculations/Research I Coordination with Vendors 10 2 8 10 $ 1,848.44 $ 1,848.44 60%Drawings 36 2 16 6 12 36 $ 5,309.30 $ 5,309.30 60%Specifications 26 6 2 2 8 _ 8 26 $ 4,883.00 $ 4,883.00 Coordination with City 8 4 2 2 8 $ 1,558.25 $ 1,558.25 60%Review Meeting 2 2 2 $ 519.79 $ 519.79 Review City Onel-ifft Drawings 6 6 6 $ 1,559.38 $ 1,559.38 Subtotal Sal 201 101 30 8 88 $ 15,678.17 $ 15,678.17 37,92% Task 300-90%Pump Station Design 90%Calculations/Research/ Coordination with Vendors 8 2 6 8 $ 1,498.07 $ 1,498.07 90%Drawings _ 32 2 12 6 12 32 $ 4,972.70 $ 4,972.70 90%Specifications 22 4 2 2 8 6 22 $ 4,117.94 $ 4,11T94 Coordination with City 8 4 2 2 8 $ 1,558.25 $ 1,558.25 90%Review Meeting 2 2 2 $ 519.79 $ 519.79 Review City Onel-ifft Drawings 6 6 6 $ 1,559.38 S 1,559.38 Subtotal 78 18 2 14 10 28 6 78 $ 14,226.14 $ 14,226.14 34.40% Task 400-Final Pum Station Desi n Final Drawin s 16 2 8 6 16 $ 2,244.10 $ 2,244.10 Final Specifications 12 2 4 6 12 $ 1,956.31 $ 1,956.31 Final Coordination with City g 4 2 21 8 $ 1,453.14 $ 1,453.14 Subtotal 36 81 01 101 01 101 81 36 S 5,65355 $ 5,653.55 13.67% Task 500-Bidding Support Services Bidder's questions/prepare addenda input 12 4 1 2 1 4 2 12 $ 2,153.88 $ 2,153.88 Subtotal 121 41 01 21 01 41 21 12 $ 2,153.88 $ 2,153.88 5.21% SUBTOTAL 2281 641 41 441 201 721 241 2281 41,350 41,350 TOTAL FIRM HOURS 228 ODCs= $60.00 $60.00 SUBTOTAL FIRM BUDGET $41,350.29 Subtotal= $41,410.29 $41,410.29 Sub Markup= $0.00 $0.00 Billing Rate $ 259.90 1$ 247.07 1$ 84.15 1$ 223.48 1$ 175.19 1$ 122.63 TOTAL= $41,410.29 S41,410.29 OK SUBTOTAL $41,350.291 $16,633.3-41 $988.281 $3,702.601 $4,459.641 $12,613.321 $2,943.11 Firm ODCs1 $60.00 100% TOTAL COST $47,410.29 Page 1 of 1 Exhibit B Insurance Requirements Insurance Contractor 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 Contractor, their agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on Insurance Services Office (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 Commercial General Liability insurance shall be endorsed to provide the Aggregate 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 work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable if all the Primary and Umbrella or Excess Policies shall provide all the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. Automobile Liability insurance providing bodily injury and property damage liability coverage for all automobiles/vehicles used in the performance of this Agreement. This coverage must be on a primary and non-contributory basis only. Coverage shall be written on 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. Professional Liability or Errors & Omissions insurance appropriate to the Contractor's profession. Workers' Compensation coverage for the employees of Contractor and subcontractors as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no less than $2,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000 products-completed operations aggregate limit. Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 Waiver of Subrogation Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence. Professional Liability or Errors & Omissions insurance shall be written with limits no less than $1,000,000 per occurrence, $2,000,000 general aggregate. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. The above policy limits may be obtained with excess liability (umbrella) insurance. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance policies and shall not contribute to the Contractor's insurance policies. 2. Contractor's insurer must deliver or mail written notice of cancellation to the named insured at least forty-five (45) days before the effective date of the cancellation. The Contractor's insurance policy shall include an endorsement that provides the City with written notice of cancellation forty-five (45) days before the effective date of the cancellation. If Contractor's insurer fails to provide the City with a copy of the notice of cancellation endorsement, the Contractor must notify the City of any cancellation, nonrenewal or termination within two (2) business days of their receipt of such notice. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) with respect to work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as an 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 Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claims are made or suit is brought, except with respect 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 amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. The City waives no rights, and the Contractor is not excused from performance if Contractor fails to provide the City with a copy of the endorsement naming the City as a Primary Non-Contributory Additional Insured. CERTIFICATE OF LIABILITY INSURANCE 08/09/2024' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must 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 LIC #0437153 1-212-948-1306 CONTACT NAME: Marsh Risk & Insurance Services PHONE FAX CIRTS_Support@jacobs.com A/c No Ext: A/C No: 1-212-948-1306 E-MAIL 633 W. Fifth Street ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Los Angeles, CA 90071 USA INSURERA: ACE AMER INS CO 22667 INSURED INSURERB: INDEMNITY INS CO OF NORTH AMER 43575 Jacobs Engineering Group Inc. INSURER C C/O Global Risk Management INSURERD: 555 South Flower Street, Suite 3200 INSURER E: Los Angeles, CA 90071 USA INSURERF: COVERAGES CERTIFICATE NUMBER: 751209883 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY HDO G4892007A 07/01/24 07/01/25 EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE � OCCUR PREM SESOEa oNcur DAMAGE ence $ 500,000 X CONTRACTUAL LIABILITY MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 2,000,000 GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JE LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY ISA H10739585 07/01/24 07/01/25 COMBINED SINGLE LIMIT $ Ea accident 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ PERB WORKERS COMPENSATION WLR C5072041A STOP-GAP C 97/O1/24 07/01/25 STATUTE X ERH AND EMPLOYERS'LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ 1,000,000 /M OFFICEREMBER EXCLUDED? IN I (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A PROFESSIONAL LIABILITY EON G21655065 015 07/01/24 07/01/25 PER CLAIM/PER AGG 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) PROJECT MGR: Erik Brodahl. CONTRACT MGR: Teresa Amspacher. RE: City of Kent Consultant Services Agreement for 81st Avenue Pump Station Engineering Design Services. CONTRACT END DATE: 12-31-2025. PROJECT NUMBER: W3X81309 (not yet assigned in Oracle) . SECTOR: Public. City of Kent is added as an additional insured for general liability & auto liability as respects the negligence of the insured in the performance of insured's services to cert holder under contract for captioned work. The General Liability and Auto Liability insurance policies are primary and the certificate holder's insurance is excess and non-contributory. General Liability coverage includes the severability of interests/Cross Suits Liability provision in favor of the holder. *THE TERMS, CONDITIONS, AND LIMITS PROVIDED UNDER CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent, WA 98032 USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD nyumdo newgalexy 751209883 DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 08/09/2024 NAME OF INSURED: Jacobs Engineering Group Inc. THIS CERTIFICATE OF INSURANCE WILL NOT EXCEED OR BROADEN IN ANY WAY THE TERMS, CONDITIONS, AND LIMITS AGREED TO UNDER THE APPLICABLE CONTRACT.* SUPP(10/00) CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT Named Insured ,Jacobs Solutions Inc. Endorsement Number 5 Policy Symbol Policy Number Policy Period Effective Date of Endorsement HDO �G4892007A 07/01/2024 To 07/01/2025 Issued By(Name of Insurance Company) ACE American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Subject to and eroding the General Aggregate Limit shown in the Declarations, for all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can be attributed only to ongoing operations at your construction projects away from premises owned by or rented to you (such ongoing operations at such construction projects are hereinafter defined as "Your Projects"): 1. A separate Construction Project General Aggregate Limit applies to all of Your Projects, and that limit is equal to the amount required under written contract, but in no event greater than the General Aggregate Limit shown in the Declarations. 2. The 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, which damages and medical expenses can be attributed only to Your Projects, regardless of the number of: a. Insureds; 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 that can be attributed to Your Projects shall reduce the Construction Project General Aggregate Limit and shall also reduce and erode the General Aggregate Limit shown in the Declarations. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, such limits will be subject to the Construction Project General Aggregate Limit, as well as the General Aggregate Limit shown in the Declarations. 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 (SEC-TION I ), which cannot be attributed only to Your Projects: 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 the 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 Construction Project General Aggregate Limit. MS-22357 (07/17) ©Chubb.2016.All rights reserved. Page 1 of 2 CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT D. If any one or more of Your Projects 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 Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. MS-22357 (07/17) ©Chubb.2016.All rights reserved. Page 2 of 2 ADDITIONAL INSURED -AUTOMATIC STATUS Named Insured ,Jacobs Solutions Inc. Endorsement Number 17 Policy Symbol Policy Number Policy Period Effective Date of Endorsement HDO �G4892007A 07/01/2024 To 07/01/2025 Issued By(Name of Insurance Company) ACE American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Any person or organization for whom any Named Insured is required by written contract or agreement to provide insurance, entered into prior to the loss,where such written contract or agreement does not expressly identify a particular Insurance Service Organization Form to be applied to their additional insured status. Who Is An Insured (Section II) includes as an additional insured the person or organization shown in the Schedule, but the insurance shall not exceed the scope of coverage and/or limits of this policy. Notwithstanding the foregoing sentence, in no event shall the insurance provided such additional insured exceed the scope of the coverage and/or limits required by said contract or agreement; and, if such additional insured's scope of coverage is not expressly stated in such contract or agreement, then such coverage is limited to the additional insured's vicarious liability to the extent directly caused by the Named Insured's negligence during the Named Insured's ongoing operations. This insurance shall be primary insurance to the extent required by said contract or agreement, and any other insurance or self-insurance maintained by such person or organization shall be noncontributory with the insurance provided hereunder to the extent specified in said contract agreement. Where the contract or agreement provides that the additional insured's scope of coverage is for the Named Insured's indemnity obligations under such contract or agreement,then such coverage shall be limited to the extent such indemnity obligations are enforceable under applicable law. Notwithstanding the foregoing sentence, in no event shall the insurance provided such additional insured exceed the scope of coverage required by said contract or agreement Notwithstanding anything to the contrary, the coverage provided an additional insured under this endorsement shall be limited to the minimum coverage limits required to be provided by the Named Insured under the written contract or agreement. MS-15992 (07/18) ©Chubb.2016.All rights reserved. Page 1 of 1 ADDITIONAL INSURED DESIGNATED PERSONS OR ORGANIZATIONS Named Insured ,Jacobs Solutions Inc. Endorsement Number 5 Policy Symbol P0739585 icy Number Policy Period Effective Date of Endorsement SA 07/01/2024 To 07/01/2025 Issued By(Name of Insurance Company) ACE American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM Additional Insured(s):Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss.-Project and/or Contract: All projects and/or contracts where you perform work for such additional insured pursuant to any such written contract. A. For a covered "auto," Who Is Insured is amended to include as an "insured," the persons or organizations named in this endorsement. However, these persons or organizations are an "insured" only for "bodily injury" or "property damage" resulting from acts or omissions of: 1. You. 2. Any of your"employees" or agents. 3. Any person operating a covered "auto"with permission from you, any of your"employees"or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. C. With respect to the insurance afforded to these additional insureds, the following applies: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. If such additional insured's scope of coverage is not expressly stated in a contract or agreement, then such coverage is limited to the additional insured's vicarious liability to the extent directly caused by the Named Insured's negligence during the Named Insureds ongoing operations. This insurance shall be primary insurance to the extent required by said contract or agreement, and any other insurance or self-insurance maintained by such person or organization shall be noncontributory with the insurance provided hereunder to the extent specified in said contract agreement. Where the contract or agreement provides that the additional insured's scope of coverage is for the named insured's indemnity obligations under such contract or agreement,then such coverage shall be limited to the extent such indemnity obligations are enforceable under applicable law. MS- 64638 (12/18) ©Chubb.2016.All rights reserved. Page 1 of 1 Workers'Compensation and Employers' Liability Policy Named Insured Endorsement Number JACOBS SOLUTIONS INC. 555 S. FLOWER STREET SUITE 3200 Policy Number LOS ANGELES CA 90017 Symbol: WLR Number:C5072041A Policy Period Effective Date of Endorsement 07-01-2024 TO 07-01-2025 07-01-2024 Issued By(Name of Insurance Company) INDEMNITY INS.CO. OF NORTH AMERICA Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE YOUR RIGHT OF RECOVERY IN A WRITTEN CONTRACT, PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS . For the states of CA, UT, TX, refer to state specific endorsements. This endorsement is not applicable in KY, NH, and NJ. The endorsement does not apply to policies in Missouri where the employer is in the construction group of code classifications. According to Section 287.150(6) of the Missouri statutes, a contractual provision purporting to waive subrogation rights against public policy and void where one party to the contract is an employer in the construction group of code classifications. For Kansas, use of this endorsement is limited by the Kansas Fairness in Private Construction Contract Act(K.S.A.. 16-1801 through 16-1807 and any amendments thereto) and the Kansas Fairness in Public Construction Contract Act(K.S.A 16-1901 through 16-1908 and any amendments thereto). According to the Acts a provision in a contract for private or public construction purporting to waive subrogation rights for losses or claims covered or paid by liability or workers compensation insurance shall be against public policy and shall be void and unenforceable except that, subject to the Acts, a contract may require waiver of subrogation for losses or claims paid by a consolidated or wrap-up insurance program. Authorized Agent WC 00 03 13(11/05) ©Copyright 1983-2017 National Council on Compensation Insurance, Inc.All Rights Reserved.