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HomeMy WebLinkAboutPW06-256 - Original - David Evans and Associates, Inc. - S 224th Street Project - 12/12/2006 O Records Management ,, KEN W A9HINGTOry > > Document k�¢ _ 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: David Evans and Associates Contract Number: PWo(o - e2 SCP This is assigned by Mary Simmons Vendor Number: Project Name: S. 224th Street Proiect Contract Effective Date: December 12, 2006 Contract Termination Date: June 30, 2007 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Garrett Inouye Department: Engineering Abstract: Provide transportation engineering services. ADCL7832 07/02 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and David Evans and Associates THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and David Evans and Associates organized under the laws of the State of Washington, Gated and doing business at 415 118th Avenue SE Bellevue WA 98005 Phone: 425 586-9761/Fax 425 to g ( ) ( ) 519-5361, Contact. Victor Salemann (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 transportation engineering services for the S. 224th Street Project. For a detailed description, see the Scope of Work which is attached as Exhibit A and incorporated by thus 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 June 30, 2007 III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Nine Thousand, Eighty Dollars (S9,080 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 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 o f t he i nvoice n of i n d ispute. I n t hat e vent, t he p arties w ill i mmediately in ake e very effort to settle the disputed portion. CONSULTANT SERVICES AGREEMENT- 1 (Under$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. VIIL 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 (Under$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 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 w ork in ust in eet t he approval o f the C rty and s hall b e subl ect t o the 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 to 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 tlus Agreement shall continue to full force and effect and no further assignment shall be made without additional written consent. CONSULTANT SERVICES AGREEMENT-3 (Under$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. CONSULT CITY OF KENT: By: By: Y,, (I. a&"/- Print Name V IrA n red 11 H �— Print Name: Larry RnBlanchard Its- Sr M� c>Ur,L' Its Public Works Director (Tare) (Titre) DATE: h�i� IDb DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Victor Salemann Larry R. Blanchard David Evans and Associates City of Kent 415 118th Avenue SE 220 Fourth Avenue South Bellevue, WA 98005 Kent, WA 98032 (425) 586-9761 (telephone) (253) 856-5500 (telephone) (425) 519-5361 (facsimile) (253) 856-6500 (facsimile) David Evans&Assoc-224th Transpoi tation/Inouye CONSULTANT SERVICES AGREEMENT-4 (Under$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. Duringthe time of this Agreement I will not discriminate in employment on the basis of sex, race, color, g 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. i Dated this day of 200�9 By (( AJ� --__ For: �Gr1�G1 eV av� 4 hA �/ C> AP-6��p Title: &SspCAA--� Date: _ 121f I OL 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 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 e CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT i form shall a filled out AFTER COMPLETION of this project b the Contractor awarded the This b p � y 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 , 200_ By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 - 1 - EXHIBIT"A" CITY OF KENT - SOUTH 224TH STREET PROJECT (99-3003E) Traffic Operations Analysis TRANSPORTATION ENGINEERING SERVICES SCOPE OF WORK Provide additional transportation engineering services necessary to document the future traffic operations of two additional alternatives (218t1i alignment with 3 and 5 lanes) In addition, the transportation services will include the following: Task 1: Project Management Provide invoicing, ongoing project coordination and QA/QC Task 2: Transportation Model Traffic Volume Forecasts Using the traffic model, the consultant will forecast PM peak hour traffic volumes for two additional scenarios (3-lane and 5-lane 218th alignment) at the study intersections for the 2020 time horizon, and the consultant will prepare two additional forecasts of the 2010 PM peak hour traffic volumes based on growth projections (a modified trip table with zone based trip reductions based upon estimated future land use and external traffic) obtained from the traffic forecasting model for the PM peak hour. Task 2 Deliverables: 2020 PM Peak Model Forecast for 3-lane and 5-lane 218th alignment Alternatives 2010 PM Peak Model Forecast for 3-lane and 5-lane 218th alignment Alternatives Task 3: Alternatives Analysis C\Documents and Settmgslgmouye\Local Settings\Temporary Internet Files10LK7CI\Transportation Scope supplement 1107071 DOC 1 -2 - The consultant will conduct the following analysis of the future roadway system to identify the appropriate roadway and intersection design parameters and determine the impacts on the study area roadways. Future Conditions For each of the alternatives, the consultant will document the impact of the proposed extension of a 3-lane and 5-lane 2181h alignment for the horizon years of 2010 and 2020. The description will include the following: Horizon Year Analysis (2010) • Horizon year(2010)traffic volumes to include PM peak hour volumes • Horizon year LOS for the PM peak hour at the intersections identified above • Identification of the impact on the arterial network in the study area • Identification of measures of effectiveness including average speed on the roadway segments in the study area, and average delay in the study area. Future Year Analysis (2020) • Future year(2020)traffic volumes to include PM peak hour volumes • Future year LOS and the PM peak hour at the intersections identified above • Identification of measures of effectiveness including average speed on the roadway segments in the study area, and average delay in the study area. Task 3 Deliverables Future conditions summary for 2010 Mane and 5-lane 2181h alignment Future conditions summary for 2020 3-lane and 5-lane 218th alignment Task 4: Traffic Report The consultant will prepare a stand alone report for the 218`h Alignment Alternatives in a format consistent with the work completed previously for the 224th Alignment Altematives. The Consultant shall respond to comments received from the City on the draft report. C\Documents and Settmgs\gmouye\Local Settings\Temporary Internet piles\01,0CMTransportation Scope supplement 110707 DOC -3 - Task 4 Deliverables Traffic Report 218th Alignment—Draft Traffic Report 218t1'Alignment- Final Schedule Since other consultants within the project EIS team will depend on the findings and conclusions of the transportation consultant's work, it is paramount that the transportation consultant complete their work on schedule. The modeling and intersection analysis will be complete by. The consultant shall complete all work items listed in this scope of work by December 15, 2006. C\Documents and Settings\gmouye\Local Settings\Temporary Internet Files\01,K7CllTransportation Scope supplement 110707 DOC 224th Extension Analysis Estimated Person-hours/Costs Summary Summary Burdened Classification Hrs. x Rate = Cost 1 Principal/Quality Control 1 $163.00 $163 2 Project Manager 8 $125.00 $1,000 3 Sr Professional Engineer 0 $135 00 $0 4 Design Engineer 0 $94 00 $0 5 Sr CADD Tech 0 $90 00 $0 6 CADD Tech 0 $81 50 $0 7 Sr. Traffic Engineer 50 $119 00 $5,950 8 Traffic Engineer 0 $100 00 $0 9 Senior Planner 0 $137 50 $0 10 Environemntal Manager 0 $156 50 $0 11 Graphic Tech 2 $87 60 $131 12 Administrative Assistant 18 $69 00 $1,242 Total Hrs. 79 Direct Salary Cost $8,486 Direct Non-Salary Cost a) Reproduction, Plans 0 Sheets @ $1 00 /Sheet $0 Reports 10 Each @ $50 00 /Each $500 b) Deliveries/ Mad 5 Each @ $15.00 /Each $75 c) Travel (Personal Miles) 50 Miles @ $0 38 /Mile $19 d) Traffic Counts LS Subtotal $594 DEA Subtotal $9,080 Outside Consultants $0 Design Subtotal $9,080 Optional Services $0 i— —— ITotal $9,080 C 0ocuments and Sethngftinouye%Local SetUngM`remporary Internet FRes10LK7C11[218th Supp Proposal 110706 xls]DEA Base Hours 4 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. 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 form CG 25 03 11 85 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. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 3. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. 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 2. 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. 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. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M Best rating of not less than AN IL 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. /� f «tF. .g_'t-:= »u.-ue' +",aw..,e '_ DATE �iiCOR DrmC2T '�CAE ®E��, Ii� I' INTANCI _... 11/15/2006 PRODU CER Risk services, Inc. of Oregon '1HLS CERTIFICATE 4S ISSUED AS A MATTER OF INFORMATION ONLY on 1211 S.W. Sth Avenue AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS Suite 600 CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE Portland OR 97204-3799 USA COVERAGE AFFORDED BY THE POLICIES BELOW PHONE (503) 224-9700 FAX•(S03) 295-0923 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER Travelers Property Cas CO Of America 25674 David Evans and ASsoclates,Inc INSURER Lexington insurance Company 19437 709 NW Wall Street #102 Bend OR 977012744 USA INSURIRC INSUkFR 11 r" u yy INSURER E `= COiTE A r$S' , % :`a F $ > •?e- THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED N01 W IFHSTANDING 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 ADDT POLICY EFFECTIVE POLICY EXPIRATION LTR INSRU TYPE OFINSURANCE POLICYNUMBER DATE(MYPDDIYY) DATE(MMWD\YY) LIMITS A GENERAL LIABILITY 630226DIO78 12/01/06 12/01/07 EACH OCCURRENCE S1,000,000 xx COMMERCIALGFNERALLIABILITy DAMAGE TO RENTED $300,000 CLAMS MADE ® OCCUR PREMP,FS'Eaoccuerce) MED LXP(MY one person) 1 , Stop Gap Liability PERSONAL&ADV INJURY Sir ODO,OOO ElGENERAL AGGREGATE $2,000,000 � GENT,AGGREGATE LIMIT APPLIES PER PRODUCES-COMP/OP AGG $1,000,000 ON ❑ POLICY ® PIERCTP ❑ Lo c � t\ rn A AUTOMOBILE LIABILITY 810226D1078 12/01/06 12/01/07 COMBINED SINGLE LIMIT X ANY AUTO (Eaazrdent) $1,000,000 C ALL OWNED AUTOS BODILY INJURY c SCHEDULED AUTOS (Per person) r HIRED AUTOS BODILY INJURY a NON OWNED AUTOS (Per aecrdent) C. PROPERTY DAMAGE El (Per accrdent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT H ANY AUTO OTHER THAN EA ACC AUTO ONLY AGO A EXCESS/UMBRELLA LIABH,TTY CUP226D1078 12/01/06 1 EACH OCCURRENCE , ElOCCUR ❑ CLAIMS MADE AGGREGATE $1,000,000 BDEDUCTIBLE RETENTION STATU- WORKERS COMPENSATION AND WC oTH- ORY LIMITSFit EMPLOYERS'LIABILITY — E L EACH ACCIDENT — ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED'+ E L DISEASE-EA EMPLOYEE If yes,describe under SPECIAL PROVISIONS EFL DISEASE-POLICY LIMIT below E 1156505 12/01/06 Limit $1,000,000 OTHER SIR/Deductible SL• Archit&Eng Prof $750,000 DESCRIPTION Or OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMLN-r/SPECIAL PROVISIONS Re: 12/31/06 - 224 Draft Environmental Impact Statement (DEIS). Certificate holder is included as an Additional Insured. Coverage is Primary and Non-contributory. CERTIF1r1E�COL�ER' CANCELLATION , 'r, City of Kent Engineering Department SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Attn: Nancy Yos stake DATE THEREOF THE ISSUING INSURER WILL VNID&V OR A MAIL y 220 4th Avenue south 40 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Kent WA 98032 USA BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND Ul'ON THE INSURER ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE a 77 AC0"t0RPbI TSON 19 i®m COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE ADDITIONAL INSUREDS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS b. The"personal injury'or"advertising injury"for COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sought arises out of an of- (Section IV), Paragraph 4. (Other Insurance), is fense committed amended as follows: subsequent to the signing and execution of that 1. The following is added to Paragraph a. Primary contract or agreement by you. Insurance: 2. The first Subparagraph (2) of Paragraph b. Ex- However,if you specifically agree in a written con- cess Insurance regarding any other primary In-' tract or written agreement that the insurance pro- surance available to you is deleted. vided to an additional insured under this 3. The following is added to Paragraph b. Excess Coverage Part must apply on a primary basis, or Insurance, as an additional subparagraph under a primary and non-contributory basis, this insur- Subparagraph (1)- ance Is pnmary to other insurance that Is avail- That is available to the insured when the insured able to such additional Insured which covers such is added as an additional insured under any other additional insured as a named insured, and we policy, Including any umbrella or excess policy. will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and o� ..�ie CO DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies,Ina AN rights reserved. Page 1 of 1 c6mmERCIAL GENERAL LIABMY THiS ENDORSEMENT CHANGES THE POLICY.PLEASE READ R CAREFULLY f BLANKET ADDITIONAL INSURED f (CONTRACTORS) ORS) I This endorsement modifies Instance provided under the following: COMMERGiAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY—CONTRACTORS COVEMGE PART 4. WHO IS AN INSURED—(Section 11)is amended c) This insurance does not ap* to"body in- to,Include any person or organization you are re- jury" ar"property damage" caused by 'your qulred to include as an additional insured on this work" included In the "products-completed policy by a written coWnict or written agreement operations hazard`unless you ate required to In effact during this popsy period and signed and provide such coverage for the additional in• execetsd by you oft to the loss for which cover- sured by a written contract or written agree- ago-Is sought. The person or organization does ment in effecr during this policy period and not qualify as an additional Insured with respect to signed and executed by you prior to the loss the Independent ads or ornlsslons of such person for Mich coverage is sought and then only or organization. The person or organizatton is for the period of time required by such con, only an additional Insured with reaped to liability tract or agreement and In no event beyond caLmod by"yourwork"forthat additional insured. the expiration date of the policy. 2. The Insurance provided to the additional Insured 3. Subpart (t)(a) of the Pollution exckxd6 runes', Is tfrnited as fopows: Paragraph 2., Exctunefom of Bodily IriW and . a) !n•the event thatt the ftfte of liability stated in Property Damage Uabllity Coverage (3Qdlon I— the policy exceed the knits of lfablifty required Coverages) does not apply to.you if the"bodily . , ,by a written contract or wrkten agreement In Injury' or"property damage' arises out of'your' effect during this polcy period and signed and woV performed on premises which are owned or sxecu W by you pier to the lose for which rented by the additional Insured at the time your coverage Is sought the insurance provided Wore is performed by this endorsement shell'be ln*ed to the 4. Any coverage provided by this endorsement to an limits of liability req*ed by such contract or additional Insured shall be excess over any carer agreement. T1rla endorsement shag not In- valid and collectible Insurance avamabfe to the crease the gmtis stated In Seclon ill—LIMITS additional insured whether primary, swess, con- OF INSURMCE, iingent or on any other basts unless a wdtien b) The Insurance provided to the additional In- contract or written agreement in effect during VO sured does not apply to"bodily Inlurt*."prop- policy period and signed and executed by you wily damage*,'personal h4ury"or"advertiahtg prior to the kris for which-coverage Is sought injury`adoring out of an aroNtecfe,engineer`s apecilloally requires that this insuranoe apply on a or $urveyor's rendering of or feNure to render primary or rim-oontribtrtary basis,When ails kr . any profeselonal services Including: amos Is primary and there to other insumncs I. The preparing, approving or falling to available to the additional insured from any - prepare or approve maps, drawings so",we will share with that other Insurance by P , the method described In the poly. opinions, reports, surveys, field orders. 8. As a condition of mveraga, each addlpon� change orders, or drawings and speollf-oatione: and Miscued moat: 11, Supervlaory or ihspectlon e*ldes per- a) Give us prompt written notice of any'accur- formed as part of arty related aroNtectrxal rWVW or offense which may result in a dain>, or aroneefktg solivtlles. and prompt written notioe of"suit". CO D2 40 40 02 Copydght,The Travelers Indemnity Company,2002 Page i of 2 COMMERCIAL GENERAL LIABILITY b.) Immediately fomrd d legal papers to us, requtremont,the term"!Heroes 04dw retere cooperate In the Inva dgadon or settlement of to any sedgy and to any Insurer which the Balm or defense agehret the"suit,* and Issued a policy of Insurance drat may provide othermse ow"with policy conditions, , coverage for the loss, regardless of whether a.) Tender the defense and Indemnity of any the eddldond insured has actually requested claim Ur Wf to any other insurer which also that the Insurer provide the adlMW Insured Insures against a loss we cover under this with a defense and/or Indemnity under that endorsement.TMs includes,but is not limited polloy of Insurance. to, any Insurer M*h has issued a policy of d.) Agree to make avellabie any other insurenca Insurance In vAft the additional Insured that the additional Insured has for a loss we qualifies as an Insured. For purposes of this aver under this endorsement. Pegs 2 d 2 CoWaht,The Trovelas indemnity Compeny,2002 CO G2 4610 02