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HomeMy WebLinkAboutPK06-244 - Original - Douglass Consulting - Lake Meridian Outlet Restoration Permits - 08/09/2006 TA -A=_ Records Mana--gernent KENT _ 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: / /��` �Ci9SGl�&WG7 �. Contract Number: L1�a(0 01�1 y This is assigned by Mary Simmons Vendor Number: /37 .3 a-- Project Name: ' X4*'I �/Q�� Contract Effective Date: Contract Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: ,,ZrALov Department: sxt� Abstract: ADCL7832 07102 KENT VJ T S l I I N C T O N CONSULTANT SERVICES AGREEMENT between the City of Kent and Douglass Consulting THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Douglass Consulting organized under the laws of the State of Washington, located and doing business at 3518 Fremont Avenue North 9536, Seattle, Washington 98103 (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. Consultant shall prepare the Joint Aquatic Permit Application (JARPA), associated documents, and permitting services for the Lake Meridian Boat Launch upgrade project at Lake Meridian Park in Kent, Washington as described in the Consultant's proposal dated June 26, 2006 attached and incorporated as Exhibit A. Consultant further represents that the services fumished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed g Y p p P IL 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 within six (6) months III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Seventeen Thousand Dollars and NO/100ths ($17,000 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 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 perfonned, 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 o f t he i nvorce n of i n d ispute. I n t hat e vent, t he p arties w it I i mmediately in ake e very 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 tcrmmnation, the City may take possession of all records and data within the Consultant's possession pertaining to this project, winch 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 tow hich 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 i s 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 pioject 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, t he w ork m ust m eet the approval o f t he C ity and s hall b e subject t o t he C ity's general r ight o f inspection to secure satisfactory completion. XIL 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 Supenor 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 attorneys 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 (Oven S10,000) F. Modification No waiver, alteration, or modification of any of the provisions of this Agreement 'shall be binding unless in writing and si -;rfed 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 terns 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. CON NT• CITY OF I By By: y /ee nature) (signature) Print Name De1 Douglass Print e.- Suzette Cooke Its Owner Its Mayor ( ) DATE / �T r d�i DATE: 9 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Desiree L. Douglass Shane Gilbertson Douglass Consulting Kent Parks, Recreation & Community Services 3518 Fremont Avenue North 4536 220 Fourth Avenue South Seattle, WA 98103 Kent, WA 98032-5895 (206) 545-7394 (telephone) (253) 856-5115 (telephone) (206) 260-2436 (facsimile) (253) 856-6050 (facsimile) AP OVED AS TO FORM: J'a en Law D p tment Lake Mel idian Outlet Restoiation Permits 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 prune 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 12006 By: For- Title: Date: �'//3 l e 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 Jun White, Mayor POLICY. Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Douglass Consulting (DC) Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Lake Meridian Outlet Restoration Permits that was entered into on the (date) , between the Finn 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 12 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. i Dated this day of , 2006. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 EXHIBIT A DOUGLASS CONSULTING 3518 Fremont Avenue North#536 Seattle, WA 98t03 Office (206) 545-7394 Mobile (360) 220-1422 Fax (206) 260-2436 e-mail did a douglassconeulung net June 26,2006 www douglassconsultmg net TO: Shane Gilbertson City of Kent Parks and Cultural Arts Department 220 Fourth Avenue South Kent, WA 98032 Phone 253-740-6630 REFERENCE SCOPE OF SERVICES FOR JARPA AND PERMITTING SERVICES FOR LAKE MERIDIAN BOAT LAUNCH UPGRADE PROJECT, KENT, WASHINGTON Dear Mr Gilbertson. Douglass Consulting (DC) is pleased to present this scope of services for preparing a Joint Aquatic Permit Application (JARPA) and associated documents, as well as permitting services for the proposed Lake Meridian boat launch upgrade project in Kent, Washington Please review the proposed scope of services, including a proposed schedule and estimated budget If you have questions or need adjustments to the scope of services, please do not hesitate to call me at 360 220 1422 Please note that the cost for Task Item 2 Mitigation Plans, varies depending upon the option used for providing mitigation for impacts associated with the boat launch project. I look forward to working with you to complete this project in a timely manner. Sincerely, DOUGLASS CONSULTING Desir6e Douglass Senior Envnonmental Planner City of Kent Parks Authorization Douglass Consulting Authorization Shane Gilbertson Desiree L. Douglass, Owner Printed Name Printed Name Date Date Proposal to Picparc IARPA and Pcmuttmg Page 2 of 6 06/29/06 ATTACHMENT A: SCOPE OF SERVICES PROJECT STATUS AND UNDERSTANDING Shane Gilbertson, project manager with the City of Kent Parks Department (Client) has requested Douglass Consulting (DC) prepare a DARPA submittal for a US Army Corps of Engineers(USACE) permit application under the Clean Water Act (CWA) Nationwide Permit program and the Navigable Waters Act Section 10 to review the proposed Lake Meridian Boat Launch upgrade project at Lake Meridian Park in Kent, Washington DC determined that the project could entail the following permit applications and/or reviews- 1 Joint Aquatic Permit Application (JARPA) for the Clean Water Act (CWA) Section 404 Nationwide permit program, administered by the USAGE, I 2. JARPA for Navigable Waters Act, Section 10 review for work within navigable waters, administered by the USAGE; 3. JARPA for a Hydraulic Project Approval (HPA) for work below the ordinary high water mark(OWHM), administered by the Washington Department of Fish and Wildlife, 4 JARPA for application for City of Kent Shoreline Permit, with WDOE review, 5 City of Kent Critical Areas permit, 6 City of Kent SE PA Checklist, and 7 City of Kent fill and grade permit DC will prepare the JARPA application Other permits that will be prepared by others (Client) include SEPA Checklist, and City of Kent Fill and Grade Permit. The following documents are necessary to accompany the JARPA submittal wetland delineation report, a Biological Assessment, Mitigation Plan, and project design drawings prepared to JARPA specifications Some level of cultural assessment may also be required to comply with Section 106 compliance requirements DC will prepare the JARPA, the biological assessment, and the wetland mitigation plan or letter designating a portion of the Lake Meridian Outlet Restoration project as mitigation for the boat launch project ABAM will provide the wetland delineation report for the property and all project design drawings, including stormwater design DC will coordinate with the City of Kent Public Works and the USACE to utilize as much information as possible from the Lake Meridian Outlet Restoration project DC will coordinate with the USACE to clarify cultural assessment requirements, and will coordinate with the Client to identify any cultural assessment requirements DC has piepared numnerous JARPA permit applications and mitigation plans for USAGE, WDOE, and WDFW review and approval She has excellent working relationships with the regulatory agencies staff, including Washington Department of Ecology and US Army Corps of Engineers This Scope of Services (SOS) includes five tasks to prepare permit applications, mitigation plans, and to coordinate with the appropriate agencies Proposal to PieparcJARPA and Penmttmg Page 3 of 6 06/29/06 PROPOSED SCOPE OF SERVICES Task 1. Prepare Joint Aquatic Permit Application DC will prepare Joint Aquatic Permit Application (JARPA) for the proposed fill in jurisdictional wetland. The JARPA will support the following permits applications and approvals- 0 Nationwide Permit 36 under the Clean Water Act (CWA) from the US Army Corps of Engineers (USACE) for improvements of small boat launch with under 50 cubic yards of discharge to waters of the US; O City of Kent Shoreline Permmt Approval for fills within the shoreline zone; and O WDFW HPA review and approval The JARPA package will include the JARPA application form, wetland delineation report, a mitigation plan, a Biological Assessment (BA) report, and project civil engineering plans with stormwater design ABAM will provide the previously completed wetland delineation report and the civil engineering plans with storniwater design in the JARPA format for inclusion in the JARPA submittal package i Task 2. Mitigation Coordination and Letter OR Conceptual and Final Mitigation Plans Task 2.a. DC will coordinate with the City of Kent Parks Department, Public Works Department and the USACE to explore the opportunity for utilizing mitigation credit from construction of the Lake Meridian Outlet Restoration project as mitigation for the impacts to shorelines associated with the City of Kent Parks Department Lake Meridian Boat Launch Improvement project If all parties agree to allow for such a credit, DC will prepare a letter documenting the mitigation credit for inclusion in the Boat Launch Improvement JARPA submmttal. Task 2.b. Should this option be disallowed, DC will prepare Conceptual and Final Mitigation Plans for the proposed impacts, in coordination with ABAM No secondary locations have been identified for mitigation at this time, but enhancement of the Lake Meridian shoreline in another location would be considered as the second option The conceptual mitigation plan will include mitigation goals, performance standards, proposed plant list, monitoring plan, and contingency plan. DC will prepare the written portions of the plan as well as the planting design to be incorporated into ABAM civil engineering design and grading plans for the project The conceptual mitigation plan will be submitted to the Client, the City of Kent, the USACE, and potentially WDOE for review and comment After review and comment by the Chent and relevant agencies on the Conceptual Mitigation Plan, a Final Mitigation Plan will be prepared, incorporating any comments and suggestions The Final Mitigation Plan will include the revised plan per comments as well as a grading plan showing grading for any proposed shoreline restolationlenhancement and a planting plan showing locations of plant communities. Proposal to Prepare JARPA and Permitting Page 4 of 6 06/29/06 Task 3. Prepare Biological Assessment(BA) Report DC will prepare a BA for the proposed project with a determination of the project effects on federally-listed threatened and endangered species DC will use information contained in the BA for the Lake Meridian Outlet Restoration project, as well as original research for the boat launch project. The scope of this task assumes that based on discussions regarding the scope of the project and stte observations, the project will have "Affect, Not Likely to Adversely Affect" on federally-listed species The BA will include a discussion of Essential Fish Habitat (EFH) if the project is found to have an `Adverse Effect' on listed species, DC can write a higher level report and conduct the coordination for a consultation under an Extra Services Agreement(See Extra Services). Task 4. Client and Agency Coordination DC will conduct coordination with the Client, ABAM, USACE, WDOE, WDFW, the City of Kent Public Works, and with any other permitting and reviewing agencies throughout completion of the project DC will attend two on-site meetings under this task a meeting with the Client and ABAM to initiate the pieparation of the JARPA, and an on-site meeting with Client, the USACE, the City of Kent, and other agencies This meeting may be used to confirm the project impacts, discuss mitigation sites and plans, or other on-site project coordination. Tasks. Project Management Task 5 entails administrative tasks such as contracting and invoicing for the project through closure of the project. Expenses Expenses include reproduction of project documents, postage, mileage, and similar project associated expenses FEES AND SCHEDULE For the preceding Scope of Services, DC proposes to be compensated on a time and expense basis at the rates $100 00 per hour The level of effort estimated to complete the tasks is shown as numbers of hours in the Estimate of Costs table, below The estimate is based on our understanding of the project and the pernutting requirements Every effort will be made to complete this work for the estimated amount listed below No additional work will be conducted under any task item without Client authorization Monthly invoices will be sent and are due upon receipt. Proposal to Prepare JARPA and Peinuttmg Page 5 of 6 06/29/06 ESTIMATE OF COSTS AND SCHEDULE FOR SCOPE Or SERVICES Task Schedule Hours Cost Task Prepare JARPA 8/l/06 25 $2,50000 Task 2 a Coordinate Mitigation with Lake 7/20106 20 $2,000 00 Meridian Outlet project and Prepare Letter—OR- Task 2 b Prepare Conceptual Mitigation Plan 8/1/06 50 $5,000 00 Prepare Final Mitigation Plan Within 15 days 20 $2,000 00 of comments Task 3.Prepare BA Report with EFH 8/1/06 30 $3,000 00 Task 4 Client and Agency Coordination On-going 25 $2,500 00 Task 5 Project Management On-going 10 $ 1,00000 Labor Subtotal: $11,000 to$16,000 Expenses $1,000.00 TOTAL: 110 to 1605 $12 000 to$17,000 iProposed schedule is dependent on Notice to Proceed by 7/5/06 EXTRA SERVICES If needed, DC can provide additional environmental and planning services for a fee agreed upon by the Client and DC Potential Extra Services include O Preparation of USACE Individual Pernnt, if necessary; O Preparation of an `Adverse Effect' Biological Assessment O City of Kent SEPA Checklist, O Construction Monitoring, and/or O Mitigation Monitoring Proposal to Prepare IARPA and Pennrtting Page 6 of 6 06/29/06 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. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO fomn CG 25 03 1185. 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 mjuiy and property darnage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than S1,000,000 each occurrence, $1,000,000 general aggregate and a S1,000,000 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 marl, 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 nannng 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. 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 lnnited 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. Client#: 56506 DOUGCON ACORM CERTIFICATE OF LIABILITY INSURANCE 0DATE 7131/06Drvrrr> PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HRH Professional Practice ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Brokers,Inc. HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 2030 Main Street,Suite 350 Irvine,CA 92614-7248 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A United States Fidelity&Guaranty Co 25887 Douglass Consulting INSURER B Continental Casualty Company 20443 3518 Freemont Avenue North 536 INSURER Seattle,WA 98103 i INSURER D INSURER E COVERAGES 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADD'L ADD' rypE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATION LIMITS LTR NSR DATE MMIDD/YY DATE MMIDDNY A GENERAL LIABILITY BKOISO8586 09/01/05 09/01/06 EACH OCCURRENCE $1000000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTEDPREMISES(Ea occurrenceL_ $30-0 OOO CLAIMS MADE 51 OCCUR MED EXP(Any one person) $1 0 000 PERSONAL&ADV INJURY $1 000.000 GENERAL AGGREGATE $2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2000000 POLICY JEC LOC A AUTOMOBILE LIABILITY BKO1803586 09101/05 09/01106 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per amdent) PROPERTY DAMAGE $ (Per accident) GAR AGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS'LIABILITY ANY PROPRIETOWPARTNER/EXECUTIVE EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? EL DISEASE-EA EMPLOYEE $ If yes descnbe wicer SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ B OTHER Professional EEH288240455 05/02/06 05/02107 $1,000,000 PER CLAIM Liability $1,000,000 AGGREGATE DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS PROJECT KENT 001. GENERAL LIABILITY:CITY OF KENT IS NAMED ADDITIONAL INSURED PER ENDT ATTACHED. CERTIFICATEHOLDER CANCELLATION Ten Day Notice for Non-Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION KENT PARKS&RECREATION DATE THEREOF,THE ISSUING INSURER WILL jtD00 jtXR MAIL _'.In DAYSWRITTEN ATTN JOAN BROOM NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,Jp 3tWA)(,"C0tX)D0Q(NjftX 220 FOURTH AVENUE S. x DmaR>txrnx7wxmxxeenxarxTN[xvaxXx�o�cce�aMxNQCIpfa> tcxxxrsAxol�Tscxx Kent,WA 98032 xiexsas eraxlvxxx AUTHORIZED REPRESENTATIVE ' ACORD 25(2001108)1 of 2 #S362330/M362328 CCL 0 ACORD CORPORATION 1988 -Policy Number: BKO1808586 Liability Coverage Enhancement- Architects and Engineers ENDORSEMENT ADDITIONAL INSURED: CITY OF KENT THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies Insurance provided under the following: LIABILITY COVERAGE PART. 1 The following replaces the final paragraph of SECTION 11, person or organization has assumed liability WHO IS AN INSURED,I.. in a contract or agreement,except for liability for damages that such person or organization However, no person or organization is an insured with would have in the absence of the contract or respect to the conduct of any current or past agreement, partnership, joint venture, limited liability company or trust that is not shown as a Named Insured in the (3) "Property damage"to Liability Coverage Part Declarations This provision does not apply to you, for your participation in any past (a) Property owned, used or occupied by,or or present"unnamed joint venture", or if that person or loaned or rented to, such person or organization is otherwise an insured under Paragraph organization, 2.below (b) Property over which such person or 2 The following is added to SECTION II WHO IS AN organization is for any purpose INSURED,2. exercising physical control,or Person Or Organization Required By Written (c) "Your work' performed for the insured, Contract or Any person or organization that you agree to add (4) "Bodily injury", "property damage", "personal as an insured under this Liability Coverage Part in injury"or"advertising injury'arising out of any a written contract or agreement that is made architect's,engineer's or surveyor's rendering before, and in effect when, the "bodily injury" or of, or failure to render, any "professional "property damage" occurs or the offense that service", when such person or organization is causes the "personal injury" or"advertising injury" an architect,engineer or surveyor is first committed, but only with respect to that 3 The following is added to SECTION II. WHO IS AN person's or organization's liability arising out of "your work"for that person or organization INSURED However, such person or organization is not an "Unnamed Joint Venture" insured with respect to any You are an insured for your participation in any past or (1) "Bodily injury", "property damage", "personal present"unnamed joint venture" injury" or "advertising injury" that does not However, you are not an insured if the"unnamed joint arise out of venture"has (a) Your negligence,or a Direct employees,or (b) The negligence of another person or b. Owns, rents, or leases any real or personal organization for whom you are liable, property (2) "Bodily injury", "property damage", "personal No other member or partner, or their spouses, of any injury" or "advertising injury" for which such past or present"unnamed joint venture"is an insured CUBF 26 09 09 03 Includes copyrighted material of Insurance Services Office with its Page 1 of 2 permission Copyright, Insurance Services Office, Inc 2001 4 The following replaces SECTION Ill. LIMITS OF LIABILITY, 7 The following is added to SECTION IV. CONDITIONS, 8. 2.b Transfer Of Rights of Recovery And Proceeds Against Others To Us: b. Will apply separately to the sum of all However, we waive any right of recovery and proceeds (1) Damages because of "bodily injury" and we may have against any person or organization that is "property damage", under SECTION I. added as an additional insured under the Paragraph COVERAGE,A.Liability above, and Person Or Organization Required By Written Contract of SECTION II WHO IS AN INSURED,2. (2) Medical payments for "bodily injury", under SECTION I. COVERAGE, B. Medical a. Because of payments we make for"bodily injury", Payments above, "property damage", "personal injury" or "advertising injury" arising out of "your work" in arising out of each location listed in the Schedule of Premises or each of"your projects",and ongoing operations or included in the "products- completed operations hazard",and 5. The following replaces SECTION IV. CONDITIONS, 5. b. Performed under a written contract or agreement "Other Insurance",a Primary Insurance,(2) that is made before,and in effect when,the"bodily (2) However, this insurance will be considered injury" or"property damage" occurs or the offense primary to, and non-contributory with, "other that causes the "personal injury" or "advertising insurance" issued directly to a person or injury"is committed,and organization added as an additional insured c. You specifically agree in such written contract or under SECTION II. WHO IS AN INSURED, agreement to waive those rights of recovery and 2 proceeds for such person or organization (a) Paragraph h. Certain Additional 8 The following are added to SECTION V DEFINITIONS Insureds By Contract or Agreement, or "Unnamed joint venture" means any joint venture in (b) Persons Or Organizations Required which you are a member or partner where By Written Contract, a, Each and every one of your co-ventures in that if you specifically agree, in that written joint venture is an architectural, engineering or contract or agreement, that this insurance surveying firm,and must be primary to, and non-contributory b. That joint venture is not named in the Liability with, such "other insurance" This insurance Coverage Part Declarations will then be applied as primary insurance for damages for "bodily injury", "property "Your premises" means any premises,site, or location damage", "personal injury" or "advertising owned or occupied by,or rented to,you injury" to which this insurance applies and that are incurred by such person or "Your project" organization, and we will not share those a Means any premises, site or location at, on, or in damages with such"other insurance" which"your work"is not yet completed,and 6 The following is added to SECTION IV CONDITIONS, 5. "Other lnsurance",b Excess insurance: b. Does not include "your premises" or any location listed in the Schedule of Premises This insurance is excess over any "other All other terms of your policy remain the same insurance"whether primary, excess, contingent or on any other basis that is available to you for your participation in any past or present"unnamed joint venture" CL/BF 26 09 09 03 Includes copyrighted material of Insurance Services Office with its Page 2 of 2 permission Copyright, Insurance Services Office, Inc 2001