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HomeMy WebLinkAboutPK07-274 - Original - Otto Rosenau & Associates, Inc. - Town Square Plaza Inspection & Material Testing - 07/27/2007 Records Manage m en' t,,,,, KEN T WASHINGTON Document mac— x?FeN` 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: ©fo 1 05 e t1 au` d- ITS Is ac o,- 5-, r►l G Contract Number: & ,0702'7 THic is rreeinnnrl h" AAnry IUrv+ ^nc ...... ... vw..J...�.� vy ...—I Y ....I......... Vendor Number: J,17-2C) " Project Name: TOW— —'U iA are- ota-, a- — d Seyiau- Contract Effective Date: ` Contract Termination Date: D�G 2 tnh h 2 r S L Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Tb�u a+l Department: Abstract: ADCL7832 07/02 KENT WASHINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Otto Rosenau & Associates, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Otto Rosenau & Associates, Inc. organized under the laws of the State of Washington, located and doing business at 6747 M.L. King Way South, Seattle, WA 98118-3216 (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: Inspection and material testing services for the City's Town Square Plaza project, including soil compaction, concrete analysis, grout inspection and masonry, in accordance with Consultant's Scope of Services dated June 26, 2007 and 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 in Section 1 by December 31, 2007. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an approximate amount of Ten Thousand Dollars ($10,000) for the services contracted for in this Agreement However, in no event shall the amount paid to Consultant exceed $25,000, which 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 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 (Over$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, 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 ansing 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 CONSULTANT SERVICES AGREEMENT-2 (Over$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. 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 clams 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. CONSULTANT SERVICES AGREEMENT-3 (Over$10,000) D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 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: gnalureJ �� /signalvreJ Print Name: ��],I^ jT/ Print am . Suzette Cooke Its: �P_gk,c� Its. Ma or (7 de) (T�de DATE:_ I (7� DATE: ­71a 7/�7 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Attm Walter Hansen Perry Brooks, Parks and Open Space Planner Otto Rosenau & Associates, Inc. City of Kent Parks, Recreation & Community Services 6747 M L. King South 220 Fourth Avenue South Seattle, WA 98118-3216 Kent, WA 98032 (206) 725-4600 (telephone) (253) 856-5114 (telephone) (206) 723-2221 (facsimile) (253) 856-6050 (facsimile) CONSULTANT SERVICES AGREEMENT-4 (Over$10,000) APP OVED AS TO FORM: owu 11 en Law De a ment CONSULTANT SERVICES AGREEMENT-5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I,the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this L�- day of , 2007. By For: _D ;To i2osM,su vss�ei,g;s;s Z�.Q . Title:'jIk E s r c> 7-- Date: 7—j'— 7 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 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 12007. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 G OTTO ROSENAU & ASSOCIATES, INC. Geotechnical Engineering,Construction Inspection&Materials Testing 6747 M L King Way South, Seattle,Washington 98118-3216 USA Tel (206) 726-4600•Toll Free (888)OTTO-4-US• Fax (206)723-2221 WBE W2F5913684•WABO Registered Agency• Website www ottcrosenau corn June 26, 2007 Proposal No 07-482 Mr Perry Brooks City of Kent Parks Department 220 4ch Avenue S Kent, WA 98032 Re: Town Square Plaza, Kent Construction Inspection and Materials Testing Services Dear Mr Brooks- Otto Rosenau &Associates, Inc is pleased to provide you with our fee schedule to provide special Inspection and materials testing services in support of the above referenced project. ORA has provided testing and inspection services in Washington State since 1954 and currently employs approximately 40 highly capable inspection personnel of many diverse areas of expertise and background We are certified by the State of Washington as a Women's Business Enterprise (WBE) firm and registered by the Washington Association of Building Officials (WABO) for all special inspection disciplines as well as nationally accredited by the American Association for Laboratory Accreditation (A2LA) in accordance with the International Standard ISO/IEC 17025 ORA's services also conform to UBC and IBC, Chapter 17 — Structural Tests and Special Inspection These accreditations attest to our competency and corporate approach to quality Based on our understanding of your project, the anticipated scope of work for the testing and inspection services are, but not limited to, soil compaction, concrete analysis and masonry Otto Rosenau & Associates, Inc is committed to providing our clients with quality services, which is a notable reason for our many years of continued success We thank you for your consideration and look forward to working with your project team Should you have any questions or need further information, please do not hesitate to contact me at(206)7254600 or toll free (888)688-6487 Reviewed by Angle Lee Very truly yours, OT-n ROSENAU &ASSOCIATES, INC. AterC Hanse Project WCH AL rt Enclosure Otto Rosenau &Associates, Incorporated Geotechnical Engineering,Construction Inspection&Materials Testing City of Kent Parks Department Town Square Plaza Proposal No 07-482 June 26,2007 Page 2 of 5 2007 STANDARD FEE SCHEDULE Description of Services Unit Fee 1. Labor(Personnel)Rates: Administrative Staff(Daily Report Preparation,Review and Distribution) Hour No Charge Supervisor(Internal Report Review and Inspector Supervision) Hour No Charge Project Manager(if Required) Hour $87 00 Professional Engineer Hour $113 00 Geologist Hour $87 00 Engineering Technician Hour $72 00 Sods/Asphalt Compaction Testing Technician Hour $56 00 Special Inspector a) Reinforced Concrete (Includes Reinforcing Steel,Anchor Bofts,Hotdowns) b) Post-Tensioned Concrete c) Shotcrete Hour $53 00 d) Reinforced Masonry e) Spray-Applied Fireproofing f) Lateral Wood/Framing-Nailing,Straps,etc. g) Miscellaneous-Epoxy Grouting, Seismic Ties, etc Structural Steel and Welding Inspector Hour $56 00 Nondestructive Testing Technician Hour $60 00 11. Laboratory(Materials)Testing: Sod Grain Size Distribution (Sieve Analysis,D422) Each $82 00 Sod Moisture-Density Relationship(Proctor, D1557) Each $160 00 Asphalt Oil Content by Ignition with Gradation Each $165 00 Asphalt Rice Density(D2041/WSDOTT-209) Each $77 00 Compressive Strength Test Specimens(Cylinders,Grout,and/or Mortar-C391 Each $17 00 C109/C1019) Fireproofing Density Specimens(E605) Each $62 00 Masonry Prisms/Concrete Masonry Units(C1314) Each $87 00 Shotcrete Test Panel(includes 4 Cores,C1140) Each $170 00 Sawcutting of Test Specimens Each $5 00 111. Miscellaneous/Reimbursable Expenses: Associated Mileage(Portal to Portal) Mile $0 60 Cure BOX Refundable Deposit(If not damaged or not provided by the Contractor) 1-Time $100 00 Project Associated Reimbursable Items(e g Parking Fees, Consumable Safety Lot Cost+ 20°!0 Gear, etc) Final inspection/ Review/Report Hour $77 00 Note: Additional services are available, and will be provided upon request, at our published rates and fees EXHIBIT C 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 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 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 C (Continued ) 3. Professional Liabilitv 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 w7th 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 AGURD CERTIFICATE OF LIABILITY INSURANCE 071' oo) PRODUCER (425)827-7400 FAX (425)827-7402 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION McDonald Insurance Group Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 416 6th St S HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, PO Box 3089 Kirkland, WA 98083-3089 INSURERS AFFORDING COVERAGE NAIC# INSURED Otto Rosenau & Associates, Inc. wsURERA American Casualty Co of Reading A 6747 M.L. King Way South INSURERS Transportation Insurance Co Seattle, WA 98118-3218 INSURERC Continental Insurance Co INSURERD Steadfast Ins Co INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 2097220913 04/01/2007 04/01/2008 EACH OCCURRENCE S 1,000,QQ X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,000 CLAIMS MADE F�l OCCUR MED EXP tAny one person) $ 5,OQ A PERSONAL&ADV INJURY $ 1,QQO,0Q GENERAL AGGREGATE $ 2,000,00( GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,00( 1-1 POLICY X PROECT LOG J AUTOMOBILE LIABILITY 2093121933 04/01/2007 04/01/2008 COMBINED SINGLE LIMIT X ANY AUTO (Ea acadent) $ 1,000,00 ALL OWNED AUTOS BODILY INJURY $ B SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per acadeni) PROPERTY DAMAGE $ (Per acadent) M AGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY 2093121947 04/01/2007 04/01/2008 EACH OCCURRENCE $ 5,000,000 X OCCUR O CLAIMS MADE AGGREGATE $ 5,000,000 C $ DEDUCTIBLE S X RETENTION $ 10,00 $ WORKERS COMPENSATION AND 2093121933 04/01/2007 04/01/2008 X I WcsTATU- X OTH- EMPLOYERIETORILITY STOP GAP EL EACH ACCIDENT S 1,000,OO FR A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E L DISEASE-EA EMPLOYEE $ 1,000,00( It yes,desarbe under SPECIAL PROVISIONS below E L DISEASE-POLICY LIMIT $ 1,000,00C OTHER EEC36S993809 04/01/2007 04/01/2008 ERRORS & OMISSIONS p ROFESSIONAL LIABILITY $1,000,000 EACH CLAIM DESCRIPTION OF OPERATIONS/LOCATIONS)VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS -ity of Kent is named as Additional Insured as respects work performed by the Named Insured on :heir behalf. IE: Town Square Plaza Project CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Kent 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn• Tony Donati BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 220 4th Ave S OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES Kent, WA 98032-589S AUTHORIZED REPRESENTATIVE 1 K David Tucker/SANDRA " - 4CORD25(2001108) FAX: (253)8S6-60SO (DACORD CORPORATION 1988 G-17957-G CJVA (Ed.01/01) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.I. OF THIS ENDORSEMENT FOR THESE DUTIES. ALSO, THIS ENDORSEMENT CHANGES THE CONTRACTUAL LIABILITY COVERAGE WITH RESPECTS TO THE "BODILY INJURY" OR "PROPERTY DAMAGE" ARISING OUT OF THE "PRODUCTS-COMPLETED OPERATIONS HAZARD". SEE PARAGRAPH B.3. OF THIS ENDORSEMENT FOR THIS COVERAGE CHANGE. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH LIMITED PRODUCTS-COMPLETED OPERATIONS COVERAGE This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization-. Designated Project: City of Kent Town Square Plaza (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A. WHO IS AN INSURED (Section 11) Is amended to 2. The Limits of Insurance applicable to the Include as an Insured any person or organization, additional insured are these specified In the Including any person or organization shown In the wrltien contract or written agreement or in the schedule above, (called additional Insured)whom you Declarations of this policy, whichever Is loss. are required to add as an additional insured on this These Limits of Insurance are inclusive of,and not pollcy under a written contract or written agreement; In addition to, the Limits of Insurance shown In the but the written contract or written agreement must be: Declarations. 1. Currently in effect or becoming effective during the 3. The coverage provided to the additional Insured lens of]his policy;and by this endorsement and paragraph f. of the 2. Executed prior to the "bodily Injury," "property delfnitlon of 'Insured contract" under damaged or personal and advertising Injury DEFINITIONS (Section V) do not apply io "bodily injury" or property damage arising out of the S. The Insurance provided to the additional insured Is "products-completed operations hazard" unless limited as follows: required by the written contract or written agreement. When coverage does apply to "bodily 1. That person or organization Is an additional Injury" or "property damage" arising out of the Insured solely for liability due to your negligence "products-completed operations hazard' such specltically resulting from "your world' for the coverage will not apply beyond- additional Insured which Is the subject of the written contract or written agreement. No a. The period of time required by the written coverage applies to liability resulting from the sole contract or written agreement; or negligence of the additional insured. G-17957-G Page 1 of 2 (Ed.01/ol) G-17957-G (Ed.01101) b. 5 years from the completion of"your work" on (1) Give written nonce of an Occurrence Or an the project which is the subject of the written offense to us which may result in a claim contract or written agreement, or"suit" under this Insurance, whichever is less. (2) Tender the defense and indemnity of any claim or "suit' to any other insurer which 4. The Insurance provided to the additional insured does not apply to "bodily Injury," "property also has insurance for , and loss we cover under this Coverage Parl damage," or "personal and adverilsing injury' arlsing out of an architect's, engineer's, or (3) Agree 10 make available any other surveyor's rendering of or failure to rendar any insurance which the additional Insured professional services Including: has for a loss we cover under this a. The praparing, approving,or failing to prepare Coverage Part. or approve maps, shop drawings, opinions, 1. We have no duty to defend or indemnify an reports, surveys, fleid orders, change orders additional insured under this endorsement or drawings and specifications;and until we receive written notice of a claim or b. Supervisory, or Inspection acllvflles perforated "suit' from the additional Insured as part of any related archliectural or 2. Paragraph 4.b.of the Other Insurance Condition is engineenng activities. deleted and replaced with the following- C. As respects the coverage provided under this 4. Other Insurance endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as b. Excess Insurance follows: This insurance Is excess over any other 1. The following is added to the Duties In The Event insurance naming the additional Insured of Occurrence,Offonse,Claim or Suit Condition: as an Insured whether primary, excess, contingent or on any other basis unless a e. An additional insured under this endorsement written contract or wdHan agreement will as soon as practicable. specifically requires that this insurance be either primary or primary and noncontributing. I G i m s 0 i N I I _ G-17957-G Page 2 of 2 (Ed.011ol)