HomeMy WebLinkAboutPW10-071 - Original - WHPacific, Inc. - S 228th St Grade Separation at BNSF Rail Construction Management - 01/25/2010 sa i511� 1 Records Man agemente
KENT Document
N/n 5 Mi N G T ON
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: WHPacific
Vendor Number:
JD Edwards Number
Contract Number: tOW 1 -07.1
This is assigned by City Clerk's Office
Project Name: S. 2281h St. Grade Separation at BNSF Railway
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
/Zsl/o
Contract Effective Date: Date of the Mayor's signature Termination Date: 6/30/10
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Pete Tenerelli Department: Engineering
Detail: (i.e. address, location, parcel number, tax id, etc.):
Complete close-out documentation for the project.
S.Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11108
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KENT
WA9 HiNOiON F
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
WHPacific, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and WHPacific, Inc. organized under the laws of the State of Alaska,
located and doing business at 12100 NE 195th Street, Suite 300, Bothell, WA 98001, Phone:
(425) 941-4800/Fax: (425) 941-4608, Contact: Sam Richard (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
The Consultant shall provide construction management project completion services
for the S. 228th Street Grade Separation at BNSF Railway Project. For a
description, see the Consultant's December 23, 2009 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 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 by
June 30, 2010.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Twenty Two Thousand, Thirty Five Dollars ($22,035.00) for the services
described in this Agreement. This is the maximum amount to be paid under this
Agreement for the work described in Section I above, and shall not be exceeded
without the prior written authorization of the City in the form of a negotiated and
executed 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 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
CONSULTANT SERVICES AGREEMENT - 1
(Over$10,000)
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. 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.
B. The Consultant maintains and pays for Its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
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.
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
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.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit C attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
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.
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
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.
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.
CONSULTANT SERVICES AGREEMENT - 4
(Over$10,000)
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:
/1 G� /d7s i
By: �� By:
(s gnat ), I (signature)
Print Name; ZIP �a�s Pr' t Na e: Suzette Cooke
Its O/1c�, b,, �Itin.�.5t� It Ma or
� (title) _
DATE: I 1/��iJ DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Sam Richard Timothy J. LaPorte, P.E.
WHPaafic, Inc. City of Kent
12100 NE 195th St., Suite 300 220 Fourth Avenue South
Bothell, WA 98001 Kent, WA 98032
(425) 951-4800 (telephone) (253) 856-5500 (telephone)
(425) 951-4808 (facsimile) (253) 856-6500 (facsimile)
APPROVED ArS TO FORM:
'L
KE nt L w D artment
WNPnft•22r SNSF(Ten"fi
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.
Zo/o
Dated this 45 day of Jan
By:
For:
Title: y4erFb6,%-r /I%gnA:241-
Date: 115,//c>
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 , 200_.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT A
SCOPE OF SERVICES
Construction Management Project Completion Services
South 22e Street Grade Separation at BNSF Railway
Consultant will provide professional Construction Management services for assisting the City of Kent
(City)with project completion of the South 22e Street Grade Separation Project at BNSF Railway.
Project Completion:
Consultant will provide overall project management, project oversight,coordination with the City,
subconsultants(Harris and Associates), monthly progress reports,and invoicing.
Assist the City with the close-out of the project. Items of work include the following:
Work on final pay estimate and voucher
Work on physical completion letter
Coordinate final punch list items
Assist the City with obtaining final records, documentation and forms needed
Project records completeness verification
Process materials certification at the end of project
Attend Project Management review
Schedule:
The Consultant will be expected to be available thru March 2010.
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EXHIBIT B-2
HARRIS & ASSOCIATES
COST ESTIMATE
Date: December 23, 2009
For. WH Pacific/City of Kent
Project. South 228th Street Grade Separation-Closeout
HARRIS LABOR
Jab Classification Hours Rate Cost
*Project Manager 2 x $154 42 = $308 84
•Construction Manager/RE 88 x $154,41 = $13,588 08
"Administrative Assistant 110 x $62 78 = $6,905.80
Sub-total direct labor 200 $20,802.72
Sub-total-Labor $20,802 72
HARRIS REIMBURSABLES $0 00
Mileage 200 mites x 0.55 = $110.00
SUB-CONSULTANTS $0.00
TOTAL COST ESTIMATE $20,912.72
Prepared by. David P Breen
Manager of CM -Northwest Region
Harris&Associates
1800 112th Avenue NE, Suite 210W
Bellevue, WA 98004
EXHIBIT C
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant 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 Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
Fired 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. The City shall be named as an
Additional Insured under the Consultant's Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 it 85 or a
substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
S. Minimum Amounts of Insurance
Consultant 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.
EXHIBIT C (Continued)
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 Consultant'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 Consultant's
insurance and shall not contribute with it.
2. The Consultant'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 Consultant 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 Consultant'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
Consultant 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 Consultant before commencement of the work.
F. Subcontractors
Consultant 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 Consultant.
NAN18280
ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE1/19/ 010/2010DDfYY )
1/19
PRODUCER Commercial Lines-(206)892-9200 CAL#OD08408 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Wells Fargo Insurance Services USA,Inc -CA Lic# OD08408 HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
601 Union Street,Suite 1300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Seattle WA 98101-1371 INSURERS AFFORDING COVERAGE NAIC#
INSURED WHPacific,Inc INSURER A Evanston Insurance Company 35378
300 West 31st Avenue, INSURER B National Union Fire Ins Cc of Pittsburgh,PA 19445
INSURER c ACE American Insurance Company 22667
INSURER D Lexington Insurance Company 19437
Anchorage,AK 99503 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
LTR NSR TYPE OF INSURANCE POLICY NUMBER PDATEYMMIDDIYYE POLICY) IY DATE MMIDDON LIMITS
A GENERAL LIABILITY 09PKGO1067 05/01/09 05/01/10 EACH OCCURRENCE S 1000000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTEDPREMISE Eararce� $ 50,000
CLAIMS MADE Fx—]OCCUR MED EXP(Any one person) $ 5 DOC
X Stop Gap PERSONAL&ADV INJURY S 1 000 000
GENERAL AGGREGATE $ 2 000 DOG
GEHL AGGREGATE LIMIT APPLIES PER PRODUCTS COMP'OPAGG S 2000000
POLICY X JECI LOC
B AUTOMOBILE LIABILITY AL0934405 05101�09 05/01/10 COMBINED SINGLE LIMIT
X ANY AUTO (Ea accident) $ 1 000,000
ALL OWNED AUTOS BODILY INJURY
X SCHEDULED AUTOS (Per person) $
X HIRED AUTOS
BODILY INJURY $
X NON-OWNED AUTOS
(Per accident)
PROPERTY DAMAGE $
(Per acadent)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY AUG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
C WORKERS COMPENSATION AND WLRC44347957 05/01/09 05/01/10 X WC ST,M,T OTH
EMPLOYERS LIABILITY
ANY PRCPRI:l OR'PAR I VLR;EXECUTIVE
E L EACH ACCIDENT $ 1,000 000
OFFICERIME�dBER EXCLUDED? E L DISEASE EA EMPLOYEE $ 1 000 000
If yes describe under
SPECIAL PROVISIONS below E L DISEASE POLICY LIMIT Is 1 000 000
OTHER
D Le X)
Professional Liability 7883157 05/01/09 05/01/10 $10 000 000 Per Claini
$250 000 SIR Per Claim
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
RE WHPACIFIC S 228TH STREET GRADE SEPARTATION AT BNSF RAILWAY PROJECT
CITY OF KENT IS PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED UNDER GENERAL LIABILITY AND ADDITIONAL INSURED UNDER
AUTO LIABILITY AS RESPECTS THEIR INTEREST IN THE INSURED OPERATIONS OF THE NAMED INSURED PER THE ATTACHED
ENDORSEMENTS SEPARATION OF INSUREDS CLAUSE APPLIES WIT
CERTIFICATE HOLDER CANCELLATION en Day Notice for Non-Payment
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
City of Kent NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL
Attn Nancy Yoshitake IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
220 Fourth Avenue South REPRESENTATIVES
Kent,WA 98032 AUTHORIZED REPRESENTATIVE
ACORD 25(2001108)1 Of 2 1138413 9 ACORD CORPORATION 1988
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 insurer(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-S(2001108) 2 of 2 #,S915260IM915043
ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
AS PER WRITTEN CONTRACT
(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 II)is amended to include as an insured the person or
organization shown to the Schedule, but only with respect to liability arising out of"your
work" for that insured by or for you.
"Insureds are advised that certificates of insurance should be used only to provide
evidence of insurance in lieu of an actual copy of the applicable insurance policy.
Certificates should not be used to amend,expand,or otherwise alter the terms of the
actual policy."
ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME,
Named Insured: WHPacaec,Inc
300 West 31 st Avenue,
Carrier: Evanston Insurance Company
Policy Number: 09PKG01067
Policy Term: 05101/09 to 05ID1110
IE-0036-0404 I of I
POLICi NUMBER,: 09PKG01067
ENDORSEMENT
PRIMARY AND NON-CONTRIBUTORY ADDITIONAL
INSURED W/ WAIVER OF SUBROGATION
This endorsement modifies insurance provided undet the following
COMMERCIAL GENERAL LIABILITY CM] R \(,I P \it I
PRODUCTSiCOMPII'fEllOPI:RA'1'IONSI-iABiLI'i'1 COVCRAGi PART'
CONTRACfORS POIJ,I ITION LIABiIJTI COVERAGE PART
PROFESSIONA1, LIABILITY COVERAGE PART
TI[1S LNDORSEMEN I't HANGES TI IL- POLICY PLEASE READ IT CAREFULLN.
SCI If:DITLE
N,mI(, oEPcr�<m ur OrgAnizarton
\S PER \\ Rl F11 \ (,O_A'I1t V 1
V \\ 11O la \\ 1\SI hI 1) �I ( IIO\ TT` is ;upended to include as tit in,mcd the
person or organs/anon .htiun tit the schedule But only Uith tespett to liahiltlti
musing out of "your woik" tot that Insured by of tot volt
B As respects additional msuteds as defined above This insurance also applies to
"bodil' injury" of "piopeity damage" arising out of your ncgh„<it,c when the
following written contract requuernents are applicable
I e overage avatlahle under this coverage pact shall aplik a, primary insurance
UN other insuian,-e availahte to these iddiniin d insured's -hAl apply
evccss and not contribute as pronmy to the insurance alloidcd by ihn
endorsement
2 NN e waive any right oftecovety cce naar- have against these iddiuorial
insured's because of payments we make tot inlun or damage It Wing out of
"your woik" clone undci ,t written contract wilt the additional insuwd
3 The term "msuied" is used separately and not collectively,but the tuclusi ni of
more than one "insured" shall not increase the limits or coverage provided In
this Insurance
"Insureds are advised that certificates of insurance should be used only to provide
tt ul.tic c tit Insurance tit lit a of an acat.tl utpX of the applicable ni utant'e polio
Certificates should not be used to amend, expand, or otherwise after the terms of the
actual polio."
It-OO54-0404
RE , UEST FOR MAYOR'S SIGNATURE
KENT 1�`��A Please FIII in All Applicable Boxes
W I N G T C N
v
RoC fin Inf a aon(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
v
Originator PETi R��TENERELLI , Constr Mgr Phone (Originator) x5535 ;)Q
Date Sent. 1/1,9/10 Date Required: January )13\1 2010
Retui n Signed Document to Nancy Yoshi take CONTRACT TERMINATION DATE: J ne 0-2010
VENDOR NAME: WHPac i f i c DATE OF COUNCIL APPROVAL: NIA _ulv
1Qr(t,"
Brief Explanation of Document This contract is required for WHPacific to complete
Close-out documentation and record keeping in addition to final inspections, official
WSDOT Audit review justifications and updating of proprietary Construction Management
Records system to meet Federal Highway Administration and WSDOT Local Programs requiremen s.
WHPacific was original consultant on this project and they possessthe expertise to comple e
this work and in-house staff does not.
All Contracts Must Be Routed Through the Law Department
(This Aiea to be Completed By the Law Department}
Received: -�
Appioval of Law Dept . JAN 1; 9 2010
Law Dept Comments:
Date Forwarded to Mayor-
Shaded Areas to Be Completed by Administration Staff
Received-
Recommendations & Comments:
`ut 1i1, L
U rr1
Disposition: 1&!j Co ,qe ry
CCJJ �
Date Returned
Iage58 0 1105