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HomeMy WebLinkAboutPW06-049 - Original - Earth Tech Inc - S 288th Street Corridor Projects - Construction Coordination Support Services - 05/11/2006 IS Records Ma-nagemerft.-e. KEN T WA5MINGTON Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact Mary Simmons, City Clerks Office. Vendor Name: Earth Tech Inc. Contract Number: Poo(0 - ng9 This is assigned by Mary Simmons Vendor Number: Project Name: S. 228th Street Corridor Contract Effective Date: Date of the Mayor's signature Contract Termination Date: December 31, 2006 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Stan Wade Department: Engineering Abstract: Provide construction project coordination support services for the S. 228th Street Corridor rp olects. ADCL7832 07/02 KENT WASHINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Earth Tech Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Earth Tech Inc organized under the laws of the State of Washington, located and doing business at 10800 NE 8th Street, Suite 700, Bellevue, WA 98004, Phone: (425) 698-1137/Fax: (425) 453-9470, Contact- Brian Russell (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 construction project coordination support services for the S. 228th Street Corridor projects For a detailed description, see the 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 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 ,.^, lal-*A *h- ioo@ described n Section I by December 31, 2006. ��9oV/alt 5C/'v/4�i 511 Cie III. COMPENSATION. 1/ 1/04 A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Ninety Thousand Dollars ($90,000 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 supplemental agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the neg?"'10ted rate(s) The Consultant's billing rates shall be as delineated in Exhibit A. *Alrov h Dcc-i »iia✓ 30 2oc/, ' S/106 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. CONSULTANT SERVICES AGREEMENT- 1 (Over$10,000) IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that 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 V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 12, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 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. CONSULTANT SERVICES AGREEMENT-2 (Over$10,000) X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant Consultant shall make such data, documents, and files available to the City upon the City's request The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant XI. CITY'S RIGHT O F I NSPECTION. E ven though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the w ork in ust in eet t he approval o f the C ity and shall b e subject t o the C ity's general right o f inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. , n g c�„+ ' I a? XIII. MISCELLANEOUS PROVISIONS. T �//p 4 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 ansmg 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, in addition to any other recovery or award provided by law, provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. CONSULTANT SERVICES AGREEMENT-3 (Over$10,000) Section XII Work performed at Consultant's risk Add the following sentence"the consultant shall have the right to inspect the work area assigned for use by the consultant If there are safety concerns the consultant will identify the issues to the City Cost for corrective action, if any, shall be the responsibility of the City" F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS, the parties below execute this Agreement,which shall become effective on the last date entered below. CONSULT CITY OF KENT: By: By: (s natare) �' / (signature) Print Name r'iGh �/ e. Sr // Print Ni : �S ette Cooke Its 1�. c. Pros1 den f Its Mayor (Title) ( tle) DATE: /��lo DATE: i NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Brian Russell Larry R Blanchard Earth Tech Inc. City of Kent 10800 NE 8th St , Suite 700 220 Fourth Avenue South Bellevue, WA 98004 Kent, WA 98032 (425) 698-1137 (telephone) (253) 856-5500 (telephone) (425) 453-9470 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent aw Dep ent Earth Tech-228th Project Coordination/Wade CONSULTANT SERVICES AGREEMENT-4 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above By signing below, I agree to fulfill the five requirements referenced above. sT' Dated this y f��GtV 2004 By Z For: k�rm TC-6/1 Title: Via, aC ;d 6 f Date: 5-// /2004 EEO COMPLIANCE DOCUMENTS- 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT- MINORITY AND WOMEN SUPERSEDES April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps. 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportumty employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Far- h 7 GOl Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 EXHIBIT A Scope of Work City of Kent—Engineering Division Project Coordination Services Earth Tech Inc 10800 Northeast 81h St., Suite 700 Bellevue, Washington 98004 General Assist in the administration of a number of Capital Improvement Projects with costs ranging from $500,000 to $5,000,000. Review all aspects of Document Control from submittal through final retention. Task 1 Construction Support Services Services include performance of various construction support tasks under the direct supervision of the City of Kent This position is to be performed by a single individual on a full time or near full time basis. Activities include general contract administration within an office environment with periodic field inspection activities. The City of Kent will provide a work station for one individual including computing equipment and supplies. In addition to performance of day to day construction support activities, Earth Tech will assist the City with development of a procedures manual for program administration Areas to be reviewed shall include but are not limited to the following • LAG Manual Procedures • Submittal Reviews • RFI Coordination • Meetings Documentation • As-Builts (record drawings) • Estimating Techniques Task 2 Additional Services This task includes providing additional expertise as required by the City of Kent for design services, constructability reviews,peer reviews, delay claim analyses, claim resolution services, etc; These services would be billed at Earth Tech's staff direct salary plus overhead at 150% and 10% profit Performance of these services would be initiated by Earth Tech upon wntten authorization from the City of Kent confirming scope of work, billing rates and budget. Page 1 of I EXHIBIT A Scope of Work City of Kent— Engineering Division Project Coordination Services Project Description: Provide construction coordination services City of Kent Project Number Services for the period: 05/01/06 to 10/15/06 Estimate for Task 1 Construction support services Earth Tech Direct Salary Cost Projected Hours Rate Cost M Salley Project Engineer 840 $ 90.00 $ 75,600 00 T Macdonald Construction Manager 120 $ 10500 $ 12,600 00 Total Earth Tech Labor $ 88,200.00 Reimbursable Expenses (est) Misc Printing/Reproduction/Photos $ 60000 Plots (I1x17), Cell phone $ 60000 Monthly cost @ 100/month Postage/Shipping/Deliveries $ 10000 Mileage $ 500.00 (Based upon current IRS rate) Expenses billed at cost plus 10%mark up Total Reimbursable Expenses (est) $ 1,800.00 Total Task 1 services $ 90,000.00 Total Task 2 (no budget assigned at this time) $ - Total Contract $ 90,000.00 4/19/2006 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The 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: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. Q" Gommaaoirl 6Waofal man ho onrjnrcad r ....,,.,:ao 4ke There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage 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. 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 limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1.000,000 each occurrence. $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance. 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty(30) days prior written notice by certified mail, return receipt requested, has been given to the City 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of W the contractor and a copy of the endorsement naming the City as additional rZY� insured shall be attached to the Certificate of Insurance. The City reserves e rig t a certified copy of all required insurance policies=e 51�1° Contractor's Commercial General Liability insurance shall also contain a GohSV +on'F S ! clause stating that coverage shall apply separately to each insured against Obi tc� whom claim is made or suit is brought, except with respects to the limits of the insurers liability. 4 �� D. Acceptability of Insurers Insurance is to be placed with insurers with a current AM 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. 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 �4 MARSH CERTIFICATE OF INSURANCE CERTIFICATE NUMBER LOS-000513364-01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh Risk&Insurance Services NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE License# 0437153 POLICY THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE 777 S Figueroa Street AFFORDED BY THE POLICIES DESCRIBED HEREIN Los Angeles,CA 90 01 7-5 822 COMPANIES AFFORDING COVERAGE Attn Helen Shamma(213)346-5530 Fax(213)346-5886 — COMPANY 8880-ETECH-PL-05106 PL 98004 0406 A American Home Assurance Company INSURED COMPANY EARTH TECH,INC B WORKERS COMPENSATION,SEE ATTACHED SCHEDULE 10800 N E 8TH STREET,7TH FLOOR BELLEVUE,WA 98004 COMPANY C LLOYD'S OF LONDON COMPANY D N/A COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS CONDITIONS AND EXCLUSIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO POLICYEFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YYI DATE(MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE 1,000,000 A X COMMERCIAL GENERAL LIABILITY RMGL5749708 10/01/05 10/01/06 PRODUCTS-COMP/OP AGO $ 1,000,000 CLAIMS MADE 1K OCCUR PERSONAL&ADV INJURY $ 1,000,000 X OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE(Any one fire) $ 1,000,000 MED EXP(Any one person) $ 10,000 A AUTOMOBILE LIABILITY RMCA 3017799(AOS) 10/01/05 10/01/06 COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO RMCA 3017798(TX) 10/01/05 10/01/06 A X ALL OWNED AUTOS RMCA 3017797(MA) 10/01/05 10/01/06 BODILY INJURY $ A X SCHEDULED AUTOS RMCA 3017796(VA) 10/01/05 10/01/06 (Perperson) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Peraccldent) $ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND X ORY LIMITS ER EMPLOYERS'LIABILITY A SEE PAGE TWO 10/01/05 10/01/06 EL EACH ACCIDENT $ 1,000,000 B THE PROPRIETOR! INCL SEE PAGE TWO 10/01/05 10/01/06 EL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERS/EXECUTIVE OFFICERS ARE EXCL EL DISEASE-EACH EMPLOYEE $ 1,000,000 C OTHER OF076905-SIR$50,000(PL) 10/15/05 10/15/06 Per Claim Professional Liability Aggregate 1,000 000 DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS S 228th Street Corridor Project Coordination CITY OF KENT(IS/ARE)NAMED AS ADDITIONAL INSURED FOR GL&AL COVERAGES,BUT ONLY AS RESPECTS WORK PERFORMED BY OR ON BEHALF OF THE NAMED INSURED �fif ATE t�Lb R" CANCELLATIOW SHOULD ANY OF THE POLICIES DESCRIBE]HEREIN BE CANCELLED BEFORE THE EXPIRATION CATE THEREOF THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL An DAYS WRITTEN NOTICE TO THE CITY OF KENT ENGINEERING DEPARTMENT CERTIFICATE HOLDER NAMED HEREIN BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN NancyYoshitake 220 4TH AVE SOUTH LIABILITY Or ANY KIND UPON THE INSURER AFFORDING COS ERAGE ITS AGENTS OR REPRESENTATIVES OR THE KENT,WA 98032 ISSUER OF THIS CERTIFICATE MARSH USA INC BY Michael J Vizio ly ,,p ^- -*A MM1(3102) VALID AS OF 04/26/06 DATE(MMIDDIYY) ADDITIONAL INFORMATION LOS-000513864-01- 04/26/06 PRODUCER COMPANIES AFFORDING COVERAGE Marsh Risk&Insurance Services COMPANY License# 0437153 E 777 S Figueroa Street Los Angeles,CA 90017-5822 Attn Helen Shamma(213)346-5530 Fax(213)346-5886 COMPANY F 58880-ETECH-PL-05/06 PL 98004 0406 INSURED COMPANY EARTH TECH,INC G 10800 N E 8TH STREET,7TH FLOOR BELLEVUE,WA 98004 COMPANY H TEXT WORKERS COMPENSATION COVERAGE 10/01/05.10/01/06 INSURANCE POLICY# STATE (A)AMERICAN HOME ASSURANCE CO CA RMWC 6610498 (A)AMERICAN HOME ASSURANCE CO FL RMWC 6610502 (A)NATIONAL UNION FIRE INS CO NV,OR RM W C 6610504 (B)INS CO STATE OF PA AR,MA,TN,VA RMWC 6610503 (B)ILLINOIS NATIONAL INS CO IL,MI RMWC 6610501 (B)NEW HAMPSHIRE INS CO NY,WI RMWC 6610505 (B)Al SOUTH INSURANCE CO GA RMWC 6610499 (A)AMERICAN HOME ASSURANCE CO ALL OTHER STATES (INC ME) RMWC 6610500 CERTIFICATE HOLDER =" CITY OF KENT ENGINEERING DEPARTMENT ATTN Nancy Yoshitake 220 4TH AVE SOUTH KENT,WA 98032 MARSH USA INC BY Michael J Vizio . %)y�a" �" _ Page THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT This endorsement,effective 12:01 A.M. 10/O1/05 terms apart of Policy No. RMGL 5749708 issued to TYCO International(u5j.(nc. by American Home Assurance Company ADDITIONAL INSURED-WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section It•Who is an insured, 1.,Is amended to add: d) Any person or organization to whom you become obligated to Include as an additiomt Insured under this poiicy,as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy,but only with respect to lability arising out of your operations or premises owned by or rented to you. However the insurance provided will not exceed the lesser at i. The coverage andJor limits of this policy.or 1. The coverage and/or limits required by said contract or agreement. 61712(12/94)