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HomeMy WebLinkAboutPW07-245 - Original - Jones & Stokes Associates, Inc. - Miles Batch Plant Project Wetland Buffer - 07/05/2007 Records Magna- gemen ----- IN KENT - Document WASHINGTON €c6r 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: Jones & Stokes Associates Contract Number: Rx)07-aV C This is assigned by Mary Simmons Vendor Number: Project Names: Miles Batch Plant Contract Effective Date: July 5, 2007 Contract Termination Date:August 31, 2007 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Madfai Department: Engineering Abstract: Assist with the development of a detailed wetland buffer planting plan. ADCL7832 07/02 KENT WASHINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Jones & Stokes Associates THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Jones & Stokes Associates organized under the laws of the State of Washington, located and doing business at 11820 Northup Way, Suite E300, Bellevue, WA 98005-1946, Phone. (425) 893- 6405/Fax: (425) 822-1079, Contact: John Soden, Phone. (425) 893-6445/Fax• (425) 822-1079 (hereinafter the "Consultant"). L 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 assist with the development of a detailed wetland buffer planting plan for the Miles Batch Plant project For a detailed description, seethe Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by August 31, 2007. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Three Thousand, Three Hundred Twenty Nine Dollars and sixty cents (S3,329.60) 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 CONSULTANT SERVICES AGREEMENT- 1 (Under$10,000) portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. 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, a ents and volunteers harmless from an and all claims injuries, dama es losses or suits g yg , 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 CONSULTANT SERVICES AGREEMENT-2 (Under$10,000) 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. 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, t he w ork in ust in eet t he 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 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 CONSULTANT SERVICES AGREEMENT-3 (Under$10,000) E. Assi ng ment. 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: a. ,_ -__7> (signature) (signature) Print Name 7C i cA.a Y 0 esima,K Print Name: Mark Howlett Its ]��i�ci�. Its. Design Engineering Manager (Tale) (Title) DATE: DATE: .7-5--07 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: James Soden Larry R. Blanchard Jones & Stokes Associates City of Kent 11820 Northup Way, Suite E300 220 Fourth Avenue South Bellevue, WA 98005-1946 Kent, WA 98032 (425) 893-6405 (telephone) (253) 856-5500 (telephone) (425) 822-1079 (facsimile) (253) 856-6500 (facsimile) Jones&Stokes-Miles Wetland BuffenMadfai CONSULTANT SERVICES AGREEMENT-4 (Under$I 0,000) 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 detennmation regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. 1 have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3 During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above By signing below, I agree to fulfill the five requirements referenced above. Dated this o�Jr day of— <,-4- - , 200 — By: For• Title Date: EEO COMPLIANCE DOCUMENTS- I CITY OF KENT ADMINISTRATIVE POLICY ER: EFFECTIVE DATE: January 1 1998 i NUMB 1.2 y , SUBJECT: MINORITY AND MEN SUPERSEDES- April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY. Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to S10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal 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 deparhnents. 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 Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200_ By: For. Title: Date- EEO COMPLIANCE DOCUMENTS-3 EXHIBIT A SCOPE OF WORK CITY OF KENT PUBLIC WORKS ENGINEERING MILES BATCH PLANT WETLAND BUFFER PLANTING PLAN JUNE 12, 2007 This scope of work(SOW) is for Jones& Stokes to assist the City of Kent Public Works Engineering (the City) with the development of a detailed wetland buffer planting plan for the Miles Batch Project. Per agreement with Mark Madfat, City of Kent Public Works and Engineering, Jones & Stokes will prepare detailed design sheets for the implementation of a wetland buffer planting plan adjacent to the Miles Batch Plant along S 228"' Street in Township 22 North, Range 4 East, Section 13, W M Jones& Stokes will complete the following tasks which are described in detail below: ■ Field reconnaissance; and ■ Preparation of Draft and Final Wetland Buffer Planting Plans. Study Tasks Task 1 —Conduct Field Reconnaissance Jones & Stokes will conduct a field reconnaissance of the two wetland buffer planting areas as identified in the Miles Batch Plant Detail Design drawing provided by Mr Madfai in June 2007. Jones & Stokes will meet with a City biologist to confirm planting area locations, a proposed plant palette, and spacing. Notes will be taken on existing vegetation and soils conditions Locations and types of invasive plant species will also be noted The field reconnaissance will make a general assessment of vegetation, and hydrologic conditions within the project area in order to support the recommendation of planting enhancement and invasive species control options Assumptions The City will review the wetland buffer planting requirements in the City of Kent Code 11 05 and provide Jones & Stokes with guidance to meet City standards. This task assumes that only one field day will be required 061207 1 J FI I Jones GX Stokes Deliverable: No deliverables are proposed for this task. Task 2—Prepare Draft and Final Wetland Buffer Planting Plans P g Subtask 2.1 —Prepare Draft Wetland Buffer Planting Plans Jones& Stokes will prepare draft wetland buffer planting plans. The plan set will include a total of one sheet as follows ■ Planting Plan: This sheet will show planting location, plant species, spacing, quantity, and container type This draft plan will rely upon the findings of Task I for the purposes of satisfying the City buffer enhancement requirements Assumptions: The plan will be prepared at a scale appropriate for the project site on 22"by 34" sheet. The plan sheets will not detail staging areas and access sites.this will be determined in the field by the City. The City will provide Jones & Stokes with an electronic file of an AutoCAD base map showing the surveyed wetland buffer planting areas, and topography of the proposed site at 2-foot contours The design for proposed grading or earthwork will be the responsibility of the City and is not included wrthm the scope of this work. Deliverable: Jones & Stokes will prepare the Draft Wetland Buffer Planting Plans and submit one electronic copy to the City for review and comment. Subtask 2.2—Prepare Final Wetland Buffer Planting Plans Jones& Stokes will revise the Draft Wetland Buffer Planting Plans per comments received from the City in preparation for submittal of the Final Wetland Buffer Planting Plans This task will only include work associated with revisions to the Planting Plan Sheet Assumptions- This task will involve only clarification per the one round of review by the City, and will not require additional fieldwork or analysis It is our understanding that City will be responsible for submitting the Final Wetland Buffer Planting Plans for permitting purposes. This scope does not include responses to comments following Final Wetland Buffer Planting Plans submittal for permitting. Deliverables The Final Wetland Buffer Planting Plans will be submitted to the City as two (2) complete hard copies and a CD containing the graphics as PDF and AutoCAD files. 061207 2 Jones&Stores Task 3 -Project Management Project management tasks include: (1) consultation with the City via frequent telephone/e-mail communications, and (2) records management and billings. Assumptions: Jones & Stokes retains the right and flexibility to shift hours between tasks to ensure efficiency. If additional meetings or further responses to agency comments are required, Jones & Stokes will coordinate with the City for add-on tasks. Schedule Jones & Stokes will initiate the project upon receipt of a signed contract. The following table itemizes each deliverable and its due date. The schedule shown in the following table assumes Jones & Stokes will receive a signed contract by June 2007 n � a� 1^ Task Deliverable Date Submitted to CKPWD 1 Field Reconnaissance June 29, 2007 2.1 Draft Wetland Buffer Planting Plans July X, 2007 2.2 Final Wetland Buffer Planting Plans July. , 2007 Cost Estimate The not-to-exceed cost estimate for this work is $3,329 60. Please refer to Table 1 for details. i 061207 3 Jones&Stolices \ \ a ) _ _ ] ■ - _ } 2 a _ F kssp - � 2 - 0z - k � 2 co § _ ) LD N_ R - 2 (oLn - \ # co U « \ \ '~| '^ 2 ■ & rr = w f\ { ■ - - ° - - Q / / / ■ 00 { ( § j } \ � \ 7 ) / / ) } ( / 00 § 7 ® a - f ! t » $ x IL � 2 ) / 2 '70,= @ ! E { / ! / ) j / 2 / ) \ ] R § ) ) / ] 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 anse 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 Liabilitv 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 Liabilitv 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington 4. Professional Liabilitv insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liabilitv insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liabilitv 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:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. AC4 -. CERTIFICATE OF LIABILITY INSURANCE page I of 2 05/24/2007 PRODUCER THIS CERTIFICATE IS ISSUE 0 �TION 877-945-7378 ONLY AND CONFERS NO P—F ATE Willis North America, Inc, HOLDER THIS CERTIFICATE D N , RCT OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, P. O. Box 305191 1t GI Nashville, TN 372305191 INSURERS AFFORDING COVERAGE I `� n !C 2U�? NAIC# INSURED Jones & Stokes Associates, Inc. INSURERA American Intematio a is t in 8 3-003 2600 V Street INSURERS Cominerce and Indus y -004 Sacramento, CA 9581E INSURERC American International Specialty Lines Inj 26883-002 INSURERD American Home Assurance Company 19380-001 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 ADDL 7YpE OFINSURANCE POLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATION LIMITS LTR IN SIRE TE MWDD Y DATE MM/DD/YY A GENERAL LIABILITY PROP2027883 10/1/2006 10/1/2007 EACHOCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMi ESOEaoccurrence $ 500,000 CLAIMS MADE a]OCCUR MED EXP(Anyone person) $ 5,000 X ,Pollution Liab Incl. PERSONAL&ADV INJURY $ 1,000,000 X Contractual Liability GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OPAGG $ 1,000,000 POLICY }[ P�ECRO- LOC H AUTOMOBILE LIABILITY CAS054198 10/1/2006 10/1/2007 COMBINED SINGLE LIMIT X ANY AUTO (Eaacndeni) $ 11000,000 ALLOWNEDAUTOS BODILY INJURY SCHEDULEDAUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per amsdent) PROPERTYDAMAGE $ (Peraccident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHERTHAN EA ACC $ AUTO ONLY AGG $ C EXCESS LIABILITY PROU8085646 10/1/2006 10/1/2007 EACH OCCURRENCE $ 5,000,000 X - OCCUR CLAIMSMADE AGGREGATE $_5,000,000 DEDUCTIBLE S X RETENTION $ 10,00C S D WORKERS COMPENSATION AND California WC3423144 10/1/2006 10/1/2007 X ISSuMIT ER EMPLOYERS'LIABILITY D ANY PRO PRIETOFVPARTNER/EXECUTIVE All Other WC3423143 10/l/2006 10/1/2007 EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDE09 EL DISEASE-EA EMPLOYEE S 11000,000 If yes describe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ 1 000 000 A OTHER PROP2027883 10 1 2006 110/l/2007 Professional Liability $3,000,000 Each Loss Claims Made $3,000,000 Aggregate 50,000 Deductible DESCRIPTION OF OPERATIONS/LOCA-nONS/VEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: South 229th Street Railroad Grade Separation Project THIS VOIDS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE City of Kent is added as additional insured per attached CG2010 11/85 as required by written contract. This insurance is primary and non-contributory as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City Of Kent IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR Engineering Department Attn: Nancy YOBhltake REPRESENTATIVES 220th 4th Avenue South AUTHORIZED RESHTITATIVE Rent, WA 98032 ACORD 25(2001/08) C011:1993945 Tpl:542217 Cert:8986 41 ©ACORD CORPORATION 198f • Page 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing msurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25(2001/08) Co11:1993945 Tp1:542217 Cert:8986441 EFFECTIVE DATE: 10/1/2006 POLICY NUMBER: PROP2027883 COMMERCIAL GENERAL LIABILITY NAMED INSURED: Jones & Stokes Associates, Inc. This Endorsement Changes the Policy. Please read it carefully. Additional Insured - .Jured ® nV.Y.Y.I„IA1r S9 I nvr• (vnvltractnr8 (Fnrm R X. ) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name of Persons or Organization: City of Kent RE: South 229th Street Railroad Grade Separation Project (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 2010 11 85 Includes Copyrighted Material of Insurance Services Office, Inc with it's permission Copyright, Insurance Service Office, Inc 1984