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HomeMy WebLinkAboutPW06-227 - Original - Certified Land Services Corporation - 116th Avenue SE Road Improvements - 11/29/2006 Records Mandgeme- rf 6 KENT Document WASM1IAG TON v a w'- 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: Certified Land Services Corporation Contract Number: i�GJO(o- zZ7 This is assigned by Mary Simmons Vendor Number: Project Name: 116th Avenue SE Road Improvements Contract Effective Date: Date of the Mayor's signature Contract Termination Date: April 30, 2007 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Madfai Department: Engineering Abstract: Provide negotiation services to acquire 6 parcels for the proiect. ADCL7832 07/02 KENT Wns HiNGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Certified Land Services Corporation THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Certified Land Services Corporation organized under the laws of the State of Washington, located and doing business at 4535 44th Avenue SW, Seattle, WA 98116, Phone. (206) 287- 9858/Fax (206) 938-6717, Contact Regina Rai chart (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 negotiation services for 6 parcels for the 116th Avenue SE Road Improvements project. 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 complete the work described in Section I by April 30, 2007. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixteen Thousand, O ne H undred S eventy Four D ollars ($16,174 00) for the s ervices d escnbed i n 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 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 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 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL 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 mforination supplied by it to Consultant for the purpose of completion of the work under this Agreement CONSULTANT SERVICES AGREEMENT-2 (Over S10,000) 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 OF INSPECTION. 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 work must meet the approval o f the C ity and shall b e subject to 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 XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and 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, 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) 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. CONSULTANT: CITY OF KENT: By: By: � ture) (signature) Print Name- Pnnt'Na e: uzette Cooke Its U,+ its Mayor (Title) (Title DATE- 3 1n V DATE: // ,;2-9 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Regina Raichart Lary R Blanchard Certified Land Services Corporation City of Kent 4535 44th Avenue SW 220 Fourth Avenue South Seattle, WA 98116 Kent, WA 98032 (206) 287-9858 (telephone) (253) 856-5500 (telephone) (206) 938-6717 (facsimile) (253) 856-65-- (facsimile) API LOVED AS TO FORM: Ke t aw ep ment 116th Negottations/Madfat 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. Dated this day of IN a .pe"A" , 2004. By: For: Title- Date: t l I 01, 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 S10,000 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 t CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this Y project b the Contractor awarded the P J Agreement I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 1200 ._ By: For. Title: Date: EEO COMPLIANCE DOCUMENTS-3 EXHIBIT A R � T I F - , r . ,. �� y L A N D S E R V I C E S C O R P O R A T I O N SCOPE OF WORK: CITY OF KENT 116th Ave SE from 256th to Kent Kangly Road - WEST SIDE Project Overview._ The project consists of acquiring 6 strip/partial takes in fee and or easement from residential or commercial/business parcels. Parcel No. Tax Parcel # Owner(s) 587453 292205-9297 Ra allen L. Peralta & Agnes B. Peralta 587455 292205-9123 Thomas N. & Jane L. Sharp 587459 292205-9072 Nilakuman and Karnail 3ohal / Gurpal Singh and Kulwant Kaur 587460 292205-9145 Nilakumari and Karnail 3ohal 587461 292205-9144 Robin 3. & Sheryl L. Lawyer 587462 292205-9232 Apple Lane LLC (formerly Lei hton This assignment is for negotiation services only. All activities are detailed in the following task descriptions. Federal funds are not involved in this project. As a guide to acquisition activities we will loosely use the Uniform Relocation Assistance and Real Property Act. TASKS Task 1 - Project Management Assumptions: • The City will act as general right of way project manager. • CERTIFIED will provide staff management/advisory time for its staff, but will not consider itself in any way the project manager for the project. 1.1.1 Prepare and submit a monthly progress report that will include identification of work performed in the previous month's schedule, measures for mitigating schedule slippage, if necessary, and identification and discussion of potential problems that may arise, including issues resolution. 1.1.2 Agents will submit updated parcel diaries on a weekly basis. 1.1.3 Manage quality in coordination with the City's Project Manager. 1 1.4 Submit detailed monthly invoices. Task 2 - Appraisal Assumptions: The City will provide MAI Appraisal Reports for all parcels. Task 3 - Appraisal Review Assumptions. • The City will provide Appraisal Reviews for all parcels. • The City will set just compensation from which offers to property owners will be made. L A N D S E R V I C E S C O R P O R AT I O N SCOPE OF WORK: CITY OF KENT 116th Ave SE from 256th to Kent Kangly Road - WEST SIDE Task 4 — Administrative Assumptions: • The City will provide: Title Reports Name and Address of Tax Payer of Record Engineering Plans R/W Plans Cross Sections for parcels slated for slope easements All required conveyance documents All required documents for lien and encumbrance removal An Offer to Purchase Letter for each parcel including a breakdown of offer Copies of the Appraisal and Review Appraisal for each parcel Statement of Just Compensation for each parcel • Certified staff will review all documents, files, maps, title reports, legal descriptions, and other information provided. Errors, questions and clarifications will be reviewed and discussed. 4.1.1 CERTIFIED staff will maintain all records, files, documents and reports in accordance with statutory and City guidelines and regulations. 4.1.2 CERTIFIED will provide the City with written status reports on a monthly basis and will provide verbal status reports on demand, as requested. Task 5 - Negotiation Assumptions: • CERTIFIED agents will act in good faith at all times. • CERTIFIED staff will never coerce owners in an attempt to settle parcels and will provide the City with a Negotiator's Disclaimer for each parcel upon transmittal. • CERTIFIED staff will work whatever hours are necessary, including evenings and weekends, to make themselves available to owners and their representatives. 5.1.1 CERTIFIED agents will make at least 3 personal contacts with each owner with the intent of reaching settlement for the conveyance of property or property rights needed from each parcel. As many contacts as needed to reach settlement will be made, until it is mutually agreed between the City and CERTIFIED that negotiations should be suspended or given to the City Attorney to pursue eminent domain actions. 5.1.2 CERTIFIED staff will explain the City's offer verbally. 5.1.3 CERTIFIED staff will provide detailed written diaries for each parcel. 5.1.4 CERTIFIED staff will transmit organized parcel files containing all pertinent information, documents, forms, diaries, and Disclaimer Statements. 5.1.5 CERTIFIED staff will prepare a condemnation summary memo for any parcel that the City deems it is necessary to acquire through the exercising of its power of eminent domain. ,= C E R - - T I F I E D L A N D S E R V I C E S C O R P O R A T I O N SCOPE OF WORK: CITY OF KENT 116th Ave SE from 256th to Kent Kangly Road - WEST SIDE Task 6 - Closing and Conveyance Assumptions: • Title Clearance is not required on parcels valued under $5,000 according to City policy. • CERTIFIED will clear any liens and encumbrances that are In conflict with the City's intended use of the right of way acquired to ensure certification and that there are no conflicts of ownership or use of the land required during construction. • The City will pay property owners for any property or property rights acquired. 6.1.1 CERTIFIED staff will review title for each parcel. 6.1.2 CERTIFIED will request the city prepare any documents needed for clearing liens or encumbrances as noted above. 6.1.3 CERTIFIED will prepare an excise tax affidavit for each parcel. 6.1.4 CERTIFIED will provided the City with complete files at the close of negotiations for each parcel. Included in our transmittal packages will be vouchers for payments to owners and lien holders as well as conveyance documents ready for the City to record at the County Courthouse. COST ESTIMATE This proposal is based on charging only for those hours worked. The outline of tasks and hours provided above are a guide to our understanding and approach to work NEGOTIATION TIME ESTIMATE Project Manager: 6 hrs @ $154 per hr = $924 (based on I hours for each parcel) Senior Acquisition Agent: 150 hrs @ $95 per hr = $14,250 (based on 25 hours for each parcel) REIMBURSABLES In addition to the above costs, reimbursable costs such as mileage, postage, phone and fax charges, or other reasonable costs will be billed at straight cost. Estimated Reimbursables = $1,000 TOTAL ESTIMATED COSTS = $16,174 NOTE' IT IS OUR COMMITMENT TO PROVIDE YOU WITH EFFECTIVE AND COST EFFICIENT SERVICE SINCE WE WERE ASKED TO PROVIDE A NOT TO EXCEED COST ESTIMATE, WE HAVE PROVIDED THIS ESTIMATE FOR YOUR BUDGETING PURPOSES ALTHOUGH IT CANNOT BE GUARANTEED, IT Is OUR GOAL TO DELIVER THIS PROJECT WELL WITHIN THE ABOVE TOTAL ESTIMATED COSTS WE WILL UNDER NO CIRCUMSTANCES EXCEED THIS ESTIMATE WITHOUT YOUR FULL CONSENT AND APPROVAL. BILLS WILL BE SUBMITTED BY THE 10TH OF EACH MONTH STATUS REPORTS AND EXPENSE REPORTS WILL BE SUBMITTED WITH EACH INVOICE. EXHIBIT B INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS 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 and personal injury and advertising injury. The City shall be named as an insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City 3. Excess Liability insurance covering both the Commercial General Liability and Automobile policies. 4. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 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$300,000 per accident. 2 Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3 Excess Liability insurance shall be written with limits no less than $1,000,000 per occurrence in excess of the CGL policy cited above 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 EXHIBIT B (Continued) 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 the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all required insurance policies The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Contractor's Insurance For Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub- subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. G. 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 Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work H. 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 AC CERTIFICATE OF LIABILITY INSURANCE 11/14/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION DON SWANSON INSURANCE INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4711 44TH AVE SW ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P 0 BOX 16408 COMPANIES AFFORDING COVERAGE SEATTLE WA 98116 COMPANY A JAMES RIVER INSURANCE CO. INSURED COMPANY CERTIFIED LAND SERVICES CORP. B ALLSTATE COMPANY 4535 44TH AVE SW C MT. VERNON FIRE INSURANCE CO. SEATTLE WA 98116 COMPANY D HOUSTON CASUALTY COMPANY COVERAGES ` ` 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 CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DO/YY) DATE(MM/OD/YY) GENERAL LIABILITY 00019869 11/0 8/0 6 11/0 8/0 7 GENERAL AGGREGATE I s 2 , 000, 000 }( COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGGi$ excluded CLAIMS MADE O OCCUR PERSONAL&ADV INJURY $ excluded OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $1, 0 0 0, 0 0 0 FIRE DAMAGE(Any one fire) $ 50, 000 MED EXP(Any one person) s excluded AUTOMOBILE LIABILITY 048101250 BAP 12 2 2 0 5 12/2 2/0 6 300 , 000 ANY AUTO COMBINED SINGLE LIMIT $ ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident $ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY CUP2110060B 10 15 06 10 15 07 EACH OCCURRENCE $1, 000, 000 X UMBRELLA FORM AGGREGATE $1, 0 0 0, 0 0 0 OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND WC STA - OTH- TORY LIMITS ER EMPLOYERS'LLABILTY EL EACH ACCIDENT $ _ THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ OTHER H705-17802 12/08/06 12/08/07 LI 2 , 000 , 000 PROFESSIONAL E&O DESCRIPTION OF OPERATIONSILOCATIONSNEMCLESISPECIAL ITEMS RE: 116TH AVE SE ROAD IMPROVEMENTS CITY OF KENT IS HEREBY NAMED ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT PER ATTACHED. Ceo." Cat,oi?R.i q CANCEtLATfON ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF KENT PUBLIC WORKS EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ENGINEERING ATTN: N YOSHITAKE 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 400 WEST GOWE BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY KENT WA 98032 OF ANY KIND UPON THE C PANY ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATNE 1 LeeAnna Cald rtf_Lface -" � A (DACORD CORPORATION 1988 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS SECTION 11—Who Is An Insured is amended to include any person or organization you are required to include as an additional insured on this policy by written contract or written agreement in effect during this policy period and executed prior to the 'occurrence"of the `bodily injury"or "property damage." The insurance provided to the Additional Insured under this endorsement is limited as follows: 1. The person or organization is only an additional insured with respect to liability arising solely out of"your work"or"your product'which is imputed to the Additional insured 2. In the event that the Limits of Insurance provided by this policy exceed the Limits of Insurance required by the written contract or written agreement, the insurance provided by this endorsement shall be limited to the Limits of Insurance required by the written contract or written agreement This endorsement shall not increase the Limits of Insurance stated in the Declarations. 3. This insurance does not apply to "bodily injury"or"property damage"arising out of"your work"or"your product" included in the"products—completed operations hazard" unless you are required to provide such coverage by written contract or written agreement but only for the period of time required by the written contract or written agreement and only for "bodily injury'or"property damage" that occurs during the policy period arising out of"your work"or"your product" 4. Any coverage provided by this endorsement to an Additional Insured shall be excess over any other valid and collectible insurance available to the Additional Insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary and noncontributory basis. 5. Where no coverage shall apply herein for the Named Insured, no coverage or defense shall be afforded to the Additional Insured. 6. This insurance does not apply to 'bodily injury"or"property damage"arising out of the sole negligence of the Additional Insured ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2009US 02-06 Page f of f