HomeMy WebLinkAboutPK09-003 - Original - Camp Dresser & McKee Inc. - West Hill Park Environmental Site Assessment - 02/03/2009 Records M1, emerlha. vKENT ;,,., ,r
Document
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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 City Clerk's Office.
Vendor Name: C A VIA f 7C)re 5,5;?r + V\ C
Vendor Number: �3 `T —1 9 4
JD Edwards Number
Contract Number: PKbcr- �3
This is assigned by City Clerk's Office
Project Name: VV eS-� i� I �(� �� f `�M�
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment Contract
❑ Other:
Contract Effective Date: �J I y ) Termination Date: 10 b di
Contract Renewal Notice (Days):
Number of days required �noti(cee for termination or renewal or amendment
Contract Manager: �' ``� IJ� '`Department:
Detail: (i.e. address, location, parcel number, tax id, etc.):
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KENT
WPS HINGTON
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Camp Dresser & McKee Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Camp Dresser & McKee Inc. organized under the laws of the
Commonwealth of Massachusetts, located and doing business at 11811 NE Vt Street #201
Bellevue, WA 98005 (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:
Perform a limited Phase 2 Environmental Site Assessment at the Midway Reservoir
site (West Hill Park) located at Military Road and South 244th St in Kent, WA as
described in the consultant's proposal dated December 30, 2008 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 within the Puget Sound
region 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
within five (5) weeks.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Seven Thousand Four Hundred Fifty Dollars ($7,450) 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 amendment to this agreement. The Consultant agrees that the hourly or
flat rate charged by it for its services contracted for herein shall remain locked at
the rate( ) for a
negotiated s period of one (1) year from the effective date of this
9
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 thirty (30) days of receipt of an
CONSULTANT SERVICES AGREEMENT - 1
(Under$10,000)
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.
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 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, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
Agreement.
CONSULTANT SERVICES AGREEMENT - 2
(Under$10,000)
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
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 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, including all appeals, 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
(Under$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.
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: CITY OF KENT:
By: By:
(signs (signature)
Print Name: SJSa a Prin a e: Jeff Watling
Its: QU° Its: Parks Director
DATE: �_ IQ-dci (title) DATE: 2 13(01
CONSULTANT SERVICES AGREEMENT - 4
(Under$10,000)
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Pamela Morrill Brian Levenhagen
Camp Dresser & McKee Inc. City of Kent
11811 NE 1st Street #201 220 Fourth Avenue South
Bellevue, WA 98005 Kent, WA 98032
425-453-8383 (telephone) (253) 856-5116 (telephone)
425-646-9523 facsimile (253) 856-6050 (facsimile)
West Hill Park-Camp Dresser&McKee Inc -Enwmnmental Site Assessment
CONSULTANT SERVICES AGREEMENT - 5
(Under$10,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. 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 day of yT/- y , 2009.
By:
For: �rn
Title: Q 5 G K
Date:
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 , 2009.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
PO Bcx 3885 Zip 98009-3885)
11811 N E 1st Street Suite 201
Bellevue Washington 98005-3033
lei 425 453-8383
Fax 425 646-9523
December 30,2008
Mr. Brian Levenhagen
City of Kent Parks and Recreation
220 4th Avenue South
Kent,Washington 98032
Subject: Proposal
Limited Phase 2 Environmental Site Assessment
Midway Reservoir site
Kent,Washington
Dear Mr. Levenhagen:
Introduction
This letter presents Camp Dresser &McKee Inc.'s (CDM) proposal to conduct a limited Phase
2 Environmental Site Assessment (ESA) at the Midway Reservoir site located at Military Road
and South 244th Street in Kent. This proposal responds to your verbal request on
December 17,2008. We understand that the City of Kent purchased the property from the
City of Seattle in 1994 and since that time the property has remained as an unimproved
vacant lot. It is our further understanding that the Kent Parks Department intends to develop
the property with a park in mid-2009.
Background
In October 1994,GeoEngineers completed a Phase 1 ESA for the site.Based on the
information provided in this document, the property was owned by the US Army during the
1950s and 1960s and was used as the control area for the Seattle Defense Area Nike Battery
system until 1965.The only structures previously on the site were reportedly three radars and
a shed. The radars had been situated on mounds that are may still be present on the site. The
shed may also still be present on the site.
A National Guard Facility was,or is still,located to the south of the western portion of the
site. An elementary school is located to the south of the eastern portion of the site.
Residential properties bound the site on its north and west sides. On the east side, the
property slopes down into a ravine.
In its Phase 1 ESA,GeoEngmeers obtained a Preliminary Assessment(PA)report for the
National Guard Facility,which had been completed in August 1993. The results of the PA
identified the potential for significant contamination as a result of past disposal practices in a
dry well system. The 1987 dangerous waste report indicated that 452 pounds of spent battery
C 1Dowments and Sethngs4rromilpt1My DccumeMsTHASE2EAWent Proposal Midway Res Ph 2 do"
CDM
Mr. Brian Levenhagen
December 30,2008
Page 2
acid and 1,800 pounds of spent solvent(i.e.,petroleum naphtha) were generated that year. It
was indicated that this was likely similar to the amounts generated in previous years and that
prior to 1984,these wastes were discarded into the dry well system.
GeoEngineers concluded that the National Guard site presented a moderate to high risk for
potential impact to the site because of its proximity and that the groundwater flow direction
is likely north into the ravine.
i
GeoEngineers recommended the following additional studies.
1) Obtain a water sample from the spring located in the ravine headwaters on the eastern
side of the property and submit the sample for chemical analysis of organic
compounds,metals, and petroleum hydrocarbons
2) Obtain near-surface samples in the former roadway areas on Parcels B and C for
chemical analysis of petroleum hydrocarbons.
The reason for the spring water sample was apparently as an inexpensive check of potential
contaminated groundwater that may be migrating from the National Guard facility and
discharging through the spring. The check of petroleum hydrocarbons in soil was due to the
former use of oil as dust suppression on the road.
CDM Recommended Scope of Services
The following outlines CDM's recommended scope of services based on the findings of the
GeoEngineers Phase 1 ESA.
Spring Water Sampling
Collecting and analyzing the spring water sample will be an inexpensive initial check of site
conditions. However,collecting this sample during the winter when there is so much surface
water runoff is likely to result in a diluted sample. CDM recommends collecting the sample
now,and then again in late summer to ensure that at least one sample has been collected
during the optimum time. This sample will be analyzed for volatile organic compounds by
EPA Method 8260,metals (arsenic,cadmium,chromium, lead,and mercury)by EPA Methods
6010B/7471A, and screened for petroleum hydrocarbons by Northwest Method NWTPH-
HCID In the event that petroleum hydrocarbons are detected,we have also included the
contingency for analysis of volatile range total petroleum hydrocarbons by NWTPH-Gx.
This proposal does not include collection of the spring water sample during the summer.
C\Documents and Settings\momllp�jAW DO rnents\PHASUEA1Kent Proposal Midway Res Ph 2 =
Mr. Brian Levenhagen
December 30,2008
Page 3
Surface Soil Sampling
Since GeoEngmeers completed its Phase 1 ESA,the cleanup level for oil range total petroleum
hydrocarbons has been revised from 200 to 2,000 milligrams per kilogram. In addition,given
the weathering that has occurred over the past 14 years,it seems unlikely that oils previously
used for dust suppression would currently be of concern. However,in our experience,
mercury and other metals may be a concern in surficial soils around the former radar stations.
Rather than conducting sampling of surficial soils for petroleum compounds,CDM
recommends conducting surficial sampling around the mounds of the former radar mounts
and analyzing collected soil samples for the metals arsenic,cadmium,chromium,lead,and
mercury. For the purposes of this investigation,CDM recommends collecting 3 composite
surface soil samples- one composite from around each mound.
Additional Recommended Work
We noted that conditions inside the shed located onsite had not been inspected.If it still
exists,CDM's recommend conducting an inspection inside the shed. CDM will also conduct
a site walk through the property to observe for evidence of conditions of potential
environmental concern.
In addition,CDM agrees that the adjacent National Guard facility presents a moderate to high
potential of impacting site groundwater. CDM checked the Department of Ecology's
(Ecology) confirmed and suspected contaminated sites list and found that the National Guard
Facility is listed. However,the information in this listing is minimal. CDM recommends
conducting a review of the National Guard's and Ecology's files for this site to further to
determine what investigations have been completed at that facility over the last 15 years and
to evaluate the potential impact to the subject property.
Reporting
The results of CDM's field sampling,site observations,and research will be presented in a
brief letter report. The report will include a description of the field and analytical methods
utilized, site observations,information researched,our findings,and evaluation of the data.
The letter report will include figures and summary tables. The analytical data will be included
as an attachment.
Schedule and Budget
We can conduct the field sampling within a week of your authorization to proceed. The
samples will be submitted to the laboratory on a standard 2 week turnaround. The progress
of the research will be dependent upon how prompt the National Guard and Ecology are in
our request to access and review their files. This may only take one week or it may take up to
C\Documents and Seaings"omllplMy Doc nnents%PHASUEA\Kent Proposal Midway Res Ph 2 docx
DM
Mr. Brian Levenhagen
December 30,2008
Page 4
3 weeks. Based on this,we anticipate submitting the report of our findings within 4 to 5
weeks of your authorization to proceed.
We propose to complete the scope of work as outlined above on a time and materials basis.
We estimate our fee to be$7,450 as summarized in Table 1. This budget will not be exceeded
unless the scope of work changes and you have agreed to the change.
We are pleased to present this proposal and look forward to working with you on this project.
If you have any questions or require additional information,please contact me at
(425)453-8383.
Very truly yours,
r
Pamela .Morrill,LHG
Project Manager
Camp Dresser&McKee Inc.
1,
I
C%Documents and Settings%momillpllMy DocumentsTHASE2EMKant Proposal Midway Res Ph 2 doa
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Mr.Brian Levenhagen
December 30,2008
Page 5
Table 1
Cost Estimate
Limited Phase 2 ESA
Midway Reservoir Site
Kent,Washington
TASK COST ESTIMATE
Field Sampling
Labor $1,660
Laboratory Analysis 750
Field Equipment and Supplies 240
Subtotal $2,650
Document Review $2,000
Report i1m
Total $7,450
C%Documents and Settings%mornllp\My Documents\PHASE2EAtKent Proposal Midway Res Ph 2 docx
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 11 85 or a substitute endorsement
providing equivalent coverage. 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:
EXHIBIT B (Continued)
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.
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 ANII.
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
EXHIBIT B (Continued )
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.
BAT=(`4M/DD/YWY)
ACORDTM CERTIFICATE OF LIABILM INSURANCE 01110a72009
PRODUCER THIS CERTII IC k FE IS ISSLED AS A VL4TTER OF INFORNLATION ONLY
Aon RISK Services, Inc of Massachusetts AND COFFERS NO RIGHTS L PO>V THE CERTIFICATE BOLDER THIS
one Federal street
Boston MA 02110 USA CERTIFICATE DOES NOT 0ILND,EXTEND OR ALTER THE
COyERAGE AFFORDED Bl THE POI ICIES BELOW
INSURERS AFFORDING CO,ERAGE NAIC 4
PHONE (866) 283-7122 FAX (847) 953-5390
INSURED INSLRERA Zurich American Ins Co 16535
camp Dresser & McKee Inc. rnSLRERB American Zurich Ins Co 401-42
ONE CAMBRIDGE PLACE _loyd's Of London OOOSFI
50 HAMPSHIRE STREET INS:,RERc
CAMBR=DGE MA 021390000 USA i.
INSURER D A'
7
O
INSURER E
COVERAGES SIR a Tes er teams an con itTons of the policy
THE POLICIES OFINSURANCE LIS-ED 3ELOW HAVE BEEN ISSUEDTOTHE,NSUREDNA-MIL)ABOVE FOR[I-E POLICY PERIOD.NDIC 4TED NOIWI=HST`_ND]NG
ANY REQUIREMENT -ERM Oct CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W P'H RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN YHE INSURANCE AFFORDED Bt THE POLICIES DESCRIBED HEREIN IS SUB ECT-C AL_ThE TERNS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES
AGGREGATE LIMITS SHOWN%IAY HAVE BEEN REDUCED B� PAID CLAIMS LIMITS SHOWN ARE AS REQUESTED
INSR ADD 4 POLICY EFFECTP,E POLICY EXPIRATION
LTR INS TYPE OF INSURANCE POLICY NUMBERDATE(MNODDlYN) DATE(NIMIDDWY) LIMITS
A ERAL LIABILITY GLo837663213 01/01/09 01/0_�/10 EACHOCCURRENCE $1,000,000
X COIMMERCIAL GENERAL LIABILITY DANGIGE TO RENTED SIOC,000
PREMISES(Ea=c motel
CLAIMS MADE ❑ OCCUR iAr,o-re ce-so,q 1 1
v
PERSONA-L a ADVINJURY $1,000,0o0
GE VERAI,AGGRECATE 82,000,000 �
N
GENT,AGGREGATE LIMIT APPLIES PER o
PRCDLCTS CObP CP AGG $2,000,OGO
El ElElPRO- ❑ LOC
JECT
A AUTOMOBILE LIABILITY BAPS37663113 01/01/09 01/01/10 COMBINED SINGLE LIMIT o
X ANY ALTO Ea acnde,t) $2,000,000 Z
d
X ALL OWNED AUTOS BODILY INJURY u
X SCHEDULED AUTOS ;Per person)
X HIRED AUTOS BODILYINRIRY
v
X NON OWNED AUTOS (Per act der';
PROPERTY DA`GGE
(Per accidenn
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT
B ANY AUTO OI^,ERITAN EA ACC
AUTO ONLY
AGO
E\CESS,'UMBRELLA LIABILITY EACH OCCURRENCE
❑OCCUR ❑ CLAIMS MADE AGGREGATE
eDEDUCTTBLE
RETENTION
B WC 4 XOTH-
WORKERSCOMPENSATIONAND RY LIMITS ER
EMPLOYERS LIABILITY EL EACH ACCIDENT $1,Co0,000
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED' EL OISE ASE-EAEMPLOYEE $1,000,00C
Uyes describe,,ride-SPEC[AL PROVISIONS EL DISEASE PGLICY LIMIT $1,00070 _
below �Fe
OTHER
C QK0901367 C71/01/09 Per Claim USD $1,000,000 �-cl a d
Aggregate usD $1,000,OCG _
Archit&Eng Prof _Ie_m
DESCRIPTION OF OPERATIONS,LOCATIONS/VEHICLES/EXCLUS[ONS ADDED BY ENDORSENIENC'SPECIAL PROVISIONS r•
Project west Hill Park, Project Date 02-01-D9 City of Kent is added as an additional insured in regards to x�
general liability and auto liability General uablUty coverage is Primary and Non-Contributory G
CERTIFICATE HOLDER 'ANCELLATIONx- y
City Of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Parks, Recreation & Community Services DATE THEREOF THE ISSUING INSURER'MLL ENDEAVORTO"MAIL
220 4th Ave S ]D DAYS%TJ FTEN NC TICE TO THE CERTIFtC ATE HOLDER NAMED TO THE LEFT,
Kent WA 98032-5895 USA OF ANY KIND UPONO THE TNSURERPTS OSE AGENT'40BS OR REPPRESENTATNES
�Y
AUTHORIZED REPRESENTATIVE
ACORD 25 2001/0 ACORD CORPORATION 1988
Additional Insured — Scheduled - Owners, Lessees or ZURICH
Contractors - Broad Form
Poiic} No Eft` Date of Poi F\p Date of Poi Ffr Date of Gnd Producer Add] Prem Return Prem
L08376632-13 1-1-09 1-1-10 2-1-09 90-060-801 s STA I
s
ENDORSEMENT NO.6
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
SCHEDULE
Name of Person or Organization: City of Kent,'Washington
Project: West Hill Park
(If no entry appears above,information required to complete this endorsement will be shown in the Declarations as appli-
cable to this endorsement.)
A. WHO IS AN INSURED(Section II)is amended to include as an insured the person or organization shown in the
SCHEDULE above whom you are required to add as an additional insured on this policy under a written contract or written
agreement
B. The insurance provided to the additional insured applies only to"bodily injury", "property damage"or"personal and adver-
tising injury" covered under Section 1, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and
Coverage B,PERSONAL AND ADVERTISING INJURY LIABILITY,but only if:
i. The"bodily injury"or "property damage" results from your negligence,and
2 The"bodily injury", "property damage'or"personal and advertising injury"results directly from.
a Your ongoing operations,or
In "Your work"completed as included in the"products-completed operations hazard",
performed for the additional insured,which is the subject of the written contract or written agreement.
C. However,regardless of the provisions of paragraphs A. and B above
1. We will not extend any insurance coverage to the additional insured person or organization:
a. That is not provided to you in this policy;or
b. That is any broader coverage than you are required to provide to the additional insured person or organization in the
written contract or written agreement,and
2. We will not provide Limits of Insurance to the additional insured person or organization that exceed the lower of
a. The Limits of Insurance provided to you in this policy;or
17-QL-1 l77-A CW(9fo3)
Includes copyrighted material of Insurance Services Office,Inc with its Page I of 2
permission
i
I
b. The Limits of Insurance you are required to provide in the written contractor written agreement.
D. The insurance provided to the additional insured does not apply to
I "Bodily injury", "property damage" or "personal and advertising injury" that results solely from negligence of the
additional insured,or
2. "Bodily injury'. "property damage" or"personal and advertising injury" arising out of the rendering or failure to
render any professional architectural,engineering or surveying services including:
a. The preparing approving,or failing to prepare or approve maps,shop drawings,opinions, reports,surveys,field
orders,change orders or drawings and specifications;and
b. Supervisory,inspection,architectural or engineering activities
E. The additional insured must see to it that
I. We are notified as soon as practicable of an"occurrence"or offense that may result in a claim:
2 We receive written notice of a claim or"suit"as soon as practicable;and
3 A request for defense and indemnity of the claim or"suit"will promptly be brought against any policy issued by an-
other insurer under which the additional insured also has rights as an insured or additional insured
F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in-
surance available to the person or organization shown in the Schedule unless the other insurance is provided by a con-
tractor other than you for the same operations and job location Then we will share with tha`, other insurance by the
inethod described in paragraph 4.c, of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS
Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as writ-
ten.
U-GL-1177-A CW(9I03)
Page 2 of 2
Y
Y
Endorsement ZURCH
Policy No. Jeff. Date of Pol JExp. Date of Pol Eff.Date of End. Producer Add-I Prem Return Prem.
E?AP8376631-13 01-01-2009 01-01-2010 2-1-09 90-060.00D $STA $
Typed 01/23/09
ENDORSEMENT NO 6
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
Name of Person or Organization: City of Kent,Washington
Description of Contract. West Hill Park
WHO IS AN INSURED is changed to include as an"insured"the person or organization named above for
"bodily injury"or"property damage"arising out of the use of a covered"auto"while the covered"auto"is being
used pursuant to a contract described in the schedule
However,the person or organization named above is an"insured"only for"bodily injury"or"property damage'
resulting from the acts or omissions of
1 You;
2 Any of your employees or agents,or
3 Any person,except the employee or agent of the person or organization named above, operating a
covered"auto"with the permission of any of the above.
COUNTERSIGNED 1;�ite? DATE C
U-CA-388-A(07-94)
Page 1 of t