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HomeMy WebLinkAboutPK07-050 - Original - Floisand Studio - Town Square Plaza Design - 06/01/2007 Records Management] KENT ` = Document WASHINGTON 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: F(0 i Sand. S t to i o Contract Number: PK07- ©Sa This is assigned by Mary Simmons Vendor Number: Project Name: 1©WY7 sGqrA� med*,jlk, ' I ✓��/1 Contract Effective Date: Contract Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: qrn' b a k-s Department: Abstract: ADCL7832 07/02 KENT WASHINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Floisand Studio THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Floisand Studio organized under the laws of the State of Washington, located and doing business at 1941 1st Ave South 2E, Seattle, Washington 98134, Richard Floisand (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. Proceed with design development for the temporary mechanical/restrooms that is associated with the development of Town Square Plaza in Kent, Washington as described in the Consultant's proposal dated May 1, 2007 attached and incorporated as Exhibit A. 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 by July 31, 2007. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Fourteen Thousand, Two Hundred Forty-five Dollars and NO/100ths ($14,245.00) 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 B. B. The Consultant shall submit monthlypayment invoices to the City f p y or work erformed, and a Y P 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, except as provided in Section X. 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, and agents 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 negligent performance of this Agreement, except for that portion of the injuries, losses, 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 C 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) t 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, or any third party who obtains records and documents from the City, 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. Even 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 of the City and shall be subject to the City's general right of 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 marl, 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. CONSULTANT SERVICES AGREEMENT-3 (Over$70,000) E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and 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: (signalur) (signature) y Print Name: Richard Floisand Print Na S ette Cooke Its Principal Its Mayor � DATE: �i �.l O`rre - 200 7- DATE• �0��/ D,e7 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Richard Floisand Perry Brooks, Project Manager Floisand Studio City of Kent Parks Department 1941 1s`Avenue South 2E 220 Fourth Avenue South Seattle, WA 98134 Kent, WA 98032-5895 (206) 634-0136 (telephone) (253) 856-5114 (telephone) (206) 223-1351 (facsimile) (253) 856-6050 (facsimile) APP OVED AS TO FORM: K nt aw De ent Town Square Design CONSULTANT SERVICES AGREEMENT-4 (Over$10,000) 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 U'_J1-,/2LjU, 15: i9 2CIb223135: FLGISA14D STUETO PAGE 02 05/1512007 24:49 2538566050 CITY OF KENT PARKS PAGE 02 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNM POLICY 'Ihe City of Kent is committed to conform to Federal and State laws regarding equal upporhvAty. As much oil cor&actms,subcosztractors and suppliers who perform work with relation to this Agreement shall comply with that xamgvla#oxis of the City's equal employment opportunity ipolicim n6 foltorwing questions specifinally identify the requirements the City d+ ems necessary for any coxtt actor, suboontractur or supplier cm this specific Agmemeut to adhere to. An afHrmsdlve rraponse is rogvired on all of tho followiog que5tionas for this Agreement to be valid and binding. If any contractor,subeontractvr or supplier wiLlfinlly rnisrcpresertts themselves witty regard to the directives ovdlirnea, it will be considered a breach of contract and it will be at the City's sole determination reprdiag suspeoslon or termination for all or part of the Agreeoae n; The quesdow are as follows: I. I have read the attached City of Kent adwhiisttative policy number 1.2. 2. During the time of this Agreement I wall not discriminate in employment on the basis of wx,mace, color, oatiotnal origin,age,or the presence of all sernory,mental or physical disability. 3. During the time of this Agreement ibc prime contractor will provide a written statement to all new employees and subamtractors indicating comt Atmeut as an equal opporWnity employer,. 4. During the time of'the Agree mat I, the prime contractor,will actively consider hiring and promotion of women and minorities. 5. Before acmptruncc of this Agreement, an adlnarence statement will be siped by me, the 1Ptinle Coutttnctor,that the Prime Contractor complied with the requirements as seat forth above_ By signing below,I agree to fulfill the five requirements referenced above. Dated this—1-�T day of— MAY 2007. For: T-lz ME MI(,t4 tiLC(aZ. (-i 5'tT-9a r" Title: /a C.`rl Date: MA.Y It 's- SEO COMPLIANCE DOCUMENTS- i FLOISAND STUDIO seat 1"avenue south2e seatlle wa 96134 ph 206 634 0136 fax 206 223 1351 May 1, 2007 Mr Perry Brooks Park&Open Space Planner City of Kent 220 Fourth Avenue South Kent,WA 98032 Fax 253 856 6050 Re Kent Town Square Facilities Building Dear Perry- Thank you for considering us for the design of the Kent Town Square Facilities Building The following is our proposal for the work as discussed at our site meeting of April 17, 2007 CLIENTS GOALS The Project:Design and permit Kent Town Square Facilities Building which will include bathrooms, mechanical/electrical rooms,and a storage room for Kent Town Square Client's Budget:Not to be determined Budget is currently unknown and not to be estimated by Architect Client's Schedule:Client would like to receive the permit and begin construction by the end of summer,2007 ARCHITECTURAL SERVICES Feasibility Study: Floisand Studio(FS)will determine the feasibility of the project with regard to current codes and standards FS's research will include ADA and other International Building Code and Zoning Code requirements FS will coordinate the structural engineering. Schematic Design FS will generate two or three initial schematic designs for the Facilities Building These will be sent to Perry Brooks in PDF format for review and comment Once a scheme is chosen, FS will generate final schematic design drawings including a floor plan and building section drawn at a scale of 1/8"per foot and a perspective drawing All drawings will be presented to the Kent Parks Department for review and approval Design Development:FS will collaborate with the Kent Parks Department to assure that budding components are consistent with the City's budget constraints FS will also address issues related to durability,vandalism,and maintenance in the design Permit and Construction Drawings Permit and Construction Drawings are not part of this proposal May 1,2007 Proposal for City of Kent Parks Department page 1 of 3 Professional Design Services Fees: We are pleased to submit fees from Feasibility Study through Design Development for the amount of$14,245 Fee Structure: The design fees we proposed for the project include Architectural Design, and Structural Engineering They do not include Civil Engineering, Mechanical Engineering, Electrical Engineering, Cost Consulting,and Landscape Architectural Engineering Compensation for additional items not outlined will be negotiated with the City of Kent Reimbursable expenses related to the project,such as plotting and reproduction of large format drawings,postage and delivery, and parking and travel expenses will be billed at cost Professional Service Fees by Phase: Fee %of Fee Feasibility Study $770 5.4% Schematic Design $5,390 37 8% Design Development $8,085 56 7% it Floisand Studio Standard Rate Table:We are providing the Floisand Studio rates for the primary staffing categories protected to work on this project They have been used to estimate the Proposed Lump Sum Fee described in this proposal Richard Floisand-Pnncipal Architect $90 per hour Allison Hogue-Principal Designer $90 per hour Tim Carter-Staff Architect $75 per hour Patrick Nopp-Staff Architect $75 per hour Jerry McNeil-Office manager $65 per hour Subconsultants Giraf Design-Structural Engineering Nic Rossouw,Structural Principal 404 Dexter Avenue North Seattle WA 98109 $90 per hour We bill at the end of each month based upon the percentage of the work completed Payments are due thirty days later Payments not received within 60 days of billing will terminate any contracts or responsibilities of the Architect May 1,2007 Proposal for City of Kent Parks Department page 2 of 3 Risk Allocation/Limitation of Liability:To the fullest extent allowed by law,the City of Kent shall indemnify and hold harmless the Architect for any claims including attorney's fees from a third party Requirements for information or Services Provided by Others:The Architect's Basic Services consist of those described above Any site surveys,civil engineering,mechanical engineering, geotechrncal reports and engineering,drainage system design,and landscape design,electrical engineering, and permitting applications(above standard assistance to the Owner in obtaining building permits)if required,are an extra service as described Any permit or regulatory fees are also not included in our fees Please let me know if you have any questions regarding this proposal Thank you for your consideration Richard Floisand Principal, Floisand Studio May 1, 2007 Proposal for City of Kent Parks Department page 3 of 3 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 form 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 injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a$1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued ) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain,the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail,return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of 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 A NII. 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. CORP, DATE (MMIDDIY CERTIFICATE OF LIABILITY INSURANCE 05/07/20 7 5/07/2007 PRODUCER (425)454-3386 FAX (425)451-3716 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J Gallagher Risk Management Services, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. Box 367 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bellevue, WA 98009-0367 INSURERS AFFORDING COVERAGE NAIC# INSURED RICHARD FLOISAND DBA FLOISAND STUDIO INSURERA Hartford Casualty Ins. Co. 29424 1941 1ST AVE S STE 2E INSURER Suite 2E INSURER C SEATTLE, WA 98134 INSURER 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 TYPE PE OFINSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE fMM0DDFYY1 DATE(MMIDDIYYI GENERAL LIABILITY 52SBAPQ6713 06/04/2006 06/04/2007 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TORENTEO $ 300,000 CLAIMS MADE OCCUR MED EXP(Anyone person) $ 10,000 A X PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEML AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $ 2,000,000 X POLICY PRO LOC JEG7 AUTOMOBILE LIABILITY 52SRAPQ6713 06/04/2006 06/04/2007 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ A X X HIRED AUTOS BODILY INJURY $ X NON-OWNEDAUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS,UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ❑CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ 52SBAPQ6713 06/04/2006 06/04/2007 OCSTATU orH- EMPLOYERS LIABILITY EL EACH ACCIDENT $ 1,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED' WA STOP GAP EL DISEASE-EA EMPLOYEE $ 1,000,00 It yes describe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ 1,000,00 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS s Respects their interest in the work of the named insured ertificate Holder is named additional insured er Blanket Additional insured endorsement on Hartford Liability Form SS 0008 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Kent Kent Parks Planning S Development 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn, Kandice McConnell BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 220 4th Ave South OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES Kent, WA 98032-5895 AUTHORIZED REPRESENTATIVE /1 Steve Frazier/CAROLF ACORD 25(2001108) ©ACORD CORPORATION 1988 L I,all ,1 ACORQM CERTIFICATE OF LIABILITY INSURANCE DATE(MMAD/Y OS/07/200707 PRODUCER (425)454-3386 FAX (425)451-3716 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J Gallagher a Co of WA, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O Box 367 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bellevue, WA 98009-0367 INSURERS AFFORDING COVERAGE NAIC# INSURED Richard Floisand INSURERA Continental Casualty Company DBA dba Floisand Studio INSURER 1023 N.36th Street INSURER Seattle, WA 98103 INSURER INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REOUIREMENT,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 WSR DD' DATE(MMID&YYl DATE IMMIDDIYYi TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ OOMMERCIAL GENERAL LIABILITY DAMAGE T RENTED $ CLAIMS MADE ❑OCCUR MED EXP(Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ POUCY JEO F LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accdent) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OW NED AUTOS (Per accident) PROPERTY DAMAGE $ (Peracadent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ❑CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC STATU I OTH FR EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED) EL DISEASE-EA EMPLOYEE $ If yes,descrice under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ OTHER SFA276186734 06/23/2005 06/23/2008 $1,000,000 Per claim PROFESSIONAL LIABILITY A Claims-Made Form $1,000,000. Aggregate $1,000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONS)VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Evidence of Professional Liablity CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL The clay of Kent Kent Parks Planning and Development 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Kandice McConnell BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 220 — 4th Avenue S OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES Kent, WA 98032 AUTHORIZED REPRESENTATIVE <� ✓� /1r Steve Frazier/MARYAN !i ACORD 25(2001/08) ©ACORD CORPORATION 1988 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to. control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred, or "employees", "volunteer workers", any partner or member(if you are (2) "Personal and advertising injury" a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company). organization b. Real Estate Manager 4. Operator Of Mobile Equipment Any person (other than your"employee"or With respect to "mobile equipment" registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, and die, but only only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability maintenance or use of that property,and However,no person or organization is an insured (2) Until your legal representative has with respect to: been appointed a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment;or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part your permission Any other person or The insurance afforded herein for any organization responsible for the conduct of subsidiary not shown in the Declarations such person is also an insured, but only with as a named insured does not apply to respect to liability arising out of the operation of the watercraft, and only if no other injury or damage with respect to which an insurance of any kind is available to that insured under this insurance is also an insured under another policy or would be person or organization for this liability. an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to limits of insurance a. "Bodily injury" to a co-"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization However Permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period,whichever is earlier, and Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit with the distribution or sale of the A person or organization is an additional products, insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit except such operations performed at the vendor's premises in However, no such person or organization is an connection with the sale of the additional insured under this provision if such person or organization is included as an product, additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F.—Optional Additional Insured Coverages the vendor, or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization(s) (referred to damage" arising out of the sole below as vendor), but only with respect to negligence of the vendor for its "bodily injury" or "property damage" arising own acts or omissions or those of out of "your products" which are distributed its employees or anyone else or sold in the regular course of the vendor's acting on its behalf However,this business and only if this Coverage Part exclusion does not apply to, provides coverage for "bodily injury" or (1) The exceptions contained in "property damage" included within the Subparagraphs(d)or(9, or "products-completed operations hazard". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual course of business, in This insurance does not apply to. connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products vendor would have in the absence of the contract or agreement, b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you, whom you lease equipment, but only (c) Any physical or chemical change with respect to their liability for"bodily injury", "property damage" or in the product made intentionally by the vendor; "personal and advertising injury" caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container, Page 12 of 24 Form SS 00 08 04 05 COMMERCIAL GENERAL LIABILITY Named Insured: GeoEngineers, Inc. Policy Number: 630532D8375TIL06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COA1WRCIAL GENERAL LIABILITY COVERAGE PART COI«MERCIAL GENERAL LIABILITY - CONTRACTORS COVERAGE PART 1. WHO IS AN INSURED - (Section II) is amended to include any person or organization you are required to include as an additional insured on this policy by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought. The person or organization does not qualify as an additional insured with respect to _ the independent acts or omissions of such person or organization. The person or___ organization is only an additional insured with respect to liability caused by "your work"for that additional insured. 2. The insurance provided to the additional insured is limited as follows: a) In the event that the limits of liability stated in the policy exceed the limits of liability required by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought, the insurance provided by this endorsement shall be limited to the limits of liability required by such contract or agreement. This endorsement shall not increase the limits stated in Section Ill - LIMITS OF INSURANCE. b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: I. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and II. Supervisory or inspection activities performed as part of any related architectural or engineering activities. C) This insurance does not apply to "bodily injury" or "property damage" caused by "your work" included in the "products-completed operations hazard" unless you are required to provide such coverage for the additional insured by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought and then only for the period of time required by such contract or agreement and in no event beyond the expiration date of the policy. CG D2 46 10 02 Copyright,The Travelers Indemnity Company,2002 Page 1 of 2 3. Subpart (1)(a) of the Pollution exclusion under Paragraph 2.,Exclusions of Bodily Injury and Property Damage Liability Coverage (Section I- Coverages) does not apply to you if the "bodily injury" or "property damage" arises out of"your work" performed on premises which are owned or rented by the additional insured at the time "your work" is performed. 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 in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought specifically requires that this insurance apply on a primary or non-contributory basis. When this insurance is primary and there is other insurance available to the additional insured from any source, we will share with that other insurance by the method described in the policy. 5. As a condition of coverage, each additional insured must; -- a.) Give us prompt written notice of any"occurrence"or offense which may result in a claim and prompt written notice of "suit". - — b.) Immediately forward all legal papers to us, cooperate in the investigation or settlement of the claim or defense against the "suit," and otherwise comply with policy conditions. c.) Tender the defense and indemnity of any claim or"suit'to any other insurer which also insures against a loss we cover under this endorsement. This includes, but is not limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured. For purposes of this requirement, the term "insures against"refers to any self- insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the insurer provide the additional insured with a defense and/or indemnity under that policy of insurance. d.) Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement. CG D2 46 10 02 Copyright,The Travelers Indemnity Company,2002 Page 2 of 2 /��r,F .^ r +" ,,..IH,L"--r.JV + :',4 'rl:,lah:q:� _. --IVv !L�•: �`' i L1 ytn�, G:�FiT1�ICdli F. V� alAEi�aITY INSURANCE � j_06/1S/u'07 `PPeouctri(425)454-3385 FAA (425)4S1-3716 THIS CERTIFICATE IS ISSUED ASA MAT iEPOFINFORMATWN Arthur 3 Gal Iagher Risk hanagemyant Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE_ P 0 Box 367 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER_THE COVERAGE AFFORDED BY_iHE POLICIES BELOW Bellevue, WA 94009-0367 — — Carol Feser i INSURERS AFFORDING COVERAGE NAICFI ------ - ------- -- - 11HsliFtEo-RICIIARD FLCII5,SNp DBtI FLOISArvD STUDIO m=USER" Hartford Casualty Ins Co j29424 1941 ISl WE. S STE 2E - Suite 2E " - SEATTLE, WA 98134 - -- ---- — — — - j - p,jIFCFi F E'F__ COVERAGES__•A_—__- __ _ THE PCLICIES OF INSURANCE LISTED BEI r-A HAVE BE4N ISSUED TO THE IN:AJrtED IvAISLC ABG✓E FOR THE POLICY YtRIOD IhD GATED IJOTWIT•tS iA.NDIN6 ANY REQUIREMENT TERM 0R Mr:01T,ON r F ANV CONTRACTOR ni14ER COCUINEN1 WITH RESPECTTO WHICHTHIS CERTIFICATL-MAYBE ISSIIEG OR MAY PERTAIN THE I„SUROWE AFFCPDED BY THE POLICIES DESCRIBED HFREIN 1 SUB.ECT TO ALL THE TERMS,FKCWICAd AND COW T10HS Of'SUCH PO_ICIES AIOGREGA-E!IMITS 5LOivN IA4YH41,E BEEN RE9LICED BY P.'IG Ct AISIS 1N6R U u n{C GF NJ6UTtANLF - i-_-- -PG ICY NLMBER - - POIi. 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Hci L v, _ I � I F-1 I...,i, �5 ' ^ X 4PL 1,1t r er I "THEPTH>J, LOT T r Ek:E33A1M8RFz'_ALIARI I H'�'CL'FFEu-e` IF. •i,-'I IlEur I _ -- kek�wXEX?E7S�jXXX; -- 51.SBAP06r"13fi06,-04%200) 0�!04! 002 8 ``T"n — -- -- ENPLOYEPS•L,A61i}Y I ; 1 OW v A _ E+'_h.,G_CEH' -i =Icr lip ,Ti= "E- Tf5 I 00 F`n Ec _.I_-„_ [ INA STOP CAP 1,000,000 000 E ',I' .11 07HLR — I i IIiESGR:R'IJN OF^.PERATDWS I LOCILi1T1N61 bFhICLEy,E K-�I/SIJNS ACCFU RY pIJOCF'BNdENf'I SPEC'AL PROVISIONS ts Respects their interest in the work of the named insured lertificate, Holder is named additional insured , er Blanket Additional insured endorsement on Hartford Liability Form 55) 0008 i CER IFIgAlf 1 SF'1ULD AN pP it-E AWL VE UESCRIBEU POLUES@c CANCELLED HU JaE THE City of Kent EXPIRATICI.DX fE THEREOF TEE 6SUNG I06URER WILL ENOEAYDR fD MAIL Kent Parks Planning & DewlopmenT 45_DAYS WRI It LN HD UE T^THE CERTIFICATE HOLUEH HAMEJ TO THE LEFT Attn, Toni Dunati LWT SALURE TO NNP-uUCH NOTICE SHALL I%V4S£t O CSLICAnW I R 11F81LJ`.'I 1 220 4th Ave South Of ANY IcI.D LPOIJ 7HE o 4R1REn,ITE AGENT€OP RFPFFSENTOWES Rent, WA 9803 2-599 5 ALnIi0RQ:DicPRESENTAWE -- I StlavP Frazier/kRTS -_--�� ACORD25(2001/08) �— -- OACORD CORPORATION 1988