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HomeMy WebLinkAboutPW11-082 - Original - Hawley Road Levee Improvements Records Maaa g KENT Document WASHINGTON 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: Shannon & Wilson, Inc. Vendor Number: JD Edwards Number Contract Number: Pl) l I`C>,g A This is assigned by City Clerk's Office Project Name: Hawley Road Levee Improvements Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 12/8/10 Termination Date: 2/1/11 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kelly Casteel Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Prepare a_bioloaical assessment for the project. _ S Public\Records Management\Forms\ContractCover\adcc7832 1 11/08 KENT WASHINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Shannon & Wilson, Inc, THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Shannon & Wilson, Inc. organized under the laws of the State of Washington, located and doing business at 400 N. 34th Street, Suite 100, PO Box 300303, Seattle, WA 98103, Phone: (206) 632-8020/Fax: (206) 695-6777, Contact: Becki Kniveton (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 prepare a biological assessment (BA) for the Hawley Road Levee Improvements project. For a description, see the Consultant's November 5 P P ) P , 2010 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 February 1, 2011. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Six Thousand, Two Hundred Fifty Five Dollars ($6,255.00) 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 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 CONSULTANT SERVICES AGREEMENT - 1 (Under$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 (Under$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 Consultant shall not be liable for any third party claims, injuries, damages, losses or suits related to the levee certification. 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. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. 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. CONSULTANT SERVICES AGREEMENT - 3 (Under$10,000) 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. 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 CONSULTANT SERVICES AGREEMENT - 4 (Under$10,000) 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: B � z � Y (s nature) V W(signature) Print Nape. a Print Name: Timothy J. LaPorte, P.E. Its: y�C Its: Public Works Director (tale) DATE: to DATE: (z- 2d/o 7 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Becki Kniveton Timothy J. LaPorte, P.E. Shannon & Wilson, Inc. City of Kent PO Box 300303 220 Fourth Avenue South Seattle, WA 98103 Kent, WA 98032 (206) 632-8020 (telephone) (253) 856-5500 (telephone) 206 695-6777 facsimile (253) 856-6500 (facsimile) Shannon&Wilson-Hawley Rd BA/Casteel 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 Ut L.e4AA,6G,-r , 20 M . By: For: 1��1-��. %t- Title: 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 , 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A SHANNON &WILSON, INC. nih lSIA '01 4 X 'Pl Gfihfn G E O T E C k+tJl;'AL AND ENVIRONMENTAL COPd5ULTAh75 o,e November S, 2010 Mr. Nick Horn City of Kent Public Works Engineering 220 Fourth Avenue South Kent, WA 98032 RE: NATURAL RESOURCES SERVICES PROPOSAL, HAWLEY ROAD LEVEE IMPROVEMENTS, KENT, WASHINGTON Dear Mr Horn: We appieciate this opportunity to provide the City of Kent (the City) with this proposal and cost estimate to prepare a biological assessment (BA) for the Hawley Road Levee Improvements project. This proposal and cost estimate have been prepared based on information in your e-mail on November 3, 2010, and site plans provided by you on October 27, 2010. It is our understanding that the goal of this project is to set back the existing levee along the Green River to the Hawley Road alignment, from approximately Washington Avenue to State Route 167. We understand that the City anticipates that these improvements will make the levee certifiable. SCOPE OF SERVICES Shannon& Wilson will prepare a BA for the project We understand that the City will submit our BA with the City's conditional letter of map revision to the Federal Emergency Management Agency requesting changes to the floodplain map of the Kent Valley It is our understanding that the BA will not be submitted to the U S Army Corps of Engineers. The BA will summarize potential impacts to waters of the United States (e.g., Green River, associated tributaries, and wetlands), species listed as threatened or endangered under the Endangered Species Act, and essential fish habitat protected under the Magnuson-Stevens Fishery Conservation and Management Act Because the Hawley Road levee improvements and the Foster Park levee improvements are similar, we assume that we can reuse the text in the Habitat and Species, Effects Analysis, and Effects Determination sections from the Foster Park No Effect Biological Evaluation letter report that we prepared for the City on March 29, 2010. oon NOHTH 34TH STis-ri •Su IF-trio 21-2-60289-001 PC) BOX 'coat Si=nr n r, wn�,rir��r�N ;ia+aa ' A09 1-3;'30-) FAX ''06�595•@777 TDO 3£3vu u'3 63,3a Nv:•n gl dshj'L:3Ut' UiT1 Mr. Nick Horn SHANNON&WILSON.ING. City of Kent Public Works Engineering November 5, 2010 Page 2 of 3 Based on our preliminary review, we believe that the project design will support a"No Effect" determination This conclusion is based on the following assumptions ■ The existing levee along the Green River is a baseline condition and the levee will be maintained to withstand 100-year flood events. ■ The project will not result in wetland or stream impacts. ■ The project will not result in a net increase of impervious areas. If the project effect determination is"May Affect,Not Likely to Adversely Affect" or"May Affect, Likely to Adversely Affect," informal or formal consultation with the U S Fish and Wildlife Service and National Marine Fisheries Service will be required, and will result in a scope and cost estimate revision COST ESTIMATE We are prepared to provide the services described above on a time-and-expense basis in accordance with our existing contract with the City Our cost estimate for the above scope of services is $6,255. In the event that additional services are necessary, due to changes in your request, an unavoidable elevated effects determination, or other unforeseen circumstances, we will notify you immediately and obtain your authorization for the additional services and costs. SCHEDULE We can start the BA immediately upon notice to proceed. We assume that the City will be able to provide the reports and design plans which will be necessary for us to adequately assess all of the project's impacts This includes,but is not limited to, a set of design drawings, estimated dredge and fill quantities and locations, additional impervious surfaces (if any), location of staging areas, temporary erosion and sediment control and grading plans, and a general construction timeline/sequence. We should be able to complete the BA within three weeks Our"Important Information About Your Biological Assessment (BA) and/or Biological Evaluation (BE) Proposal" is enclosed to assist you In Lind erstandjig the use and limitations of our proposals. 21 2 60289-001-12 docV.pkip 2 1-2-60289-00 1 Mr. Nick Horn SHANNON&W1LSOR INC. City of Kent Public Works Engineering November 5, 2010 Page 3of3 We are pleased to have this opportunity to assist you with this project. If you have any questions, please contact me at (206) 695-6673. Sincerely, SHANNON & WILSON,INC. Becki Kmveton, P.W.S. Principal Biologist BSK KLW/bsk Enc: Cost Estimate Important Information About Your Biological Assessment(BA) and/or Biological Evaluation (BE)Proposal 21-2-60259-001-L2 do x/wp41p 21-2-60289-001 SHANIti ON&WILSON,INC. COST ESTIMATE Proposal No 21-2-60299-001 Project Hawley Road Client Nick Horn By BSK 11/5/2010 'Rate 'Ouantity Subtotal Subtotal Task 1. Biological Assessment Report Preparation Site Visit Principal Biologist $115 00 1hr 8 hrs $920 Site Visit(mileage) 72 /mile 055 rrule $40 GIS/CAD Tecluuctan $90,00 /fir 16 firs $1,440 Principal Biologist $1 15 00 /fir 28 tus $3,220 Vice President $205 00 /lu 2 firs $410 Clerical $7500 1hr 2 brs $150 Copies,Mail,Computer $25 00 /ea 3 total $75 TOTAL ESTIMA rE $6,255 21-2-60289-001-12 Cost xisx 2 1-2-602 8 9-00 1 EXHIBIT B 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 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 City shall be named as an 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 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 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 and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The 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 A:VII. 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 Contractor 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. ---W " CERTIFICATE OF LIABILITY INSURANCE DATE(MIdIDDYYYV) ACORQ 12/7/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must be endorsed. 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) PRODUCER CONTACT NAME Aon Private Risk Management Insurance Ag PHONE FAX 1420 5th Ave #1200INC, o t (206) 749-4800 AIC No (20fi) 799-4860 E-MAIL ADDRESS Seattle WA 98101 PRODUCER CUSTOMER ID a INSURERS AFFORDING COVERAGE NAIC a INSURED INSURER Travelers Property Cas. Co. of A 25674 Shannon & Wilson, Inc. INSURERS Twin City Fire Insurance Co. 29459 P O. Sox 300303 INSURER Hartford Underwriters Ins Co 30104 Seattle WA 98103 INSURER INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:cart ID 21040 REVISION NUMBER- THIS IS TO CERTIFY THAT 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDL BR POLICY NUMBER MM/DDPOLICY LTR IYYYYI (MMODDIYYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED A X i COMMERCIAL GENERAL LIABILITY y y P630226006TIL10 1/l/2010 1/l/2011 PREMISES Ea omurrence $ 11000,000 CLAIMS-MADE 1XI OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 5,000,000 GEML AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $ 2,000,000 X ,I POLICY PRO- LOG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 11000,000 (Ea accident) A X ANY AUTO P810226DO611TIL10 1/1/2010 1/l/2011 BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ X HIREDAUTOS (Per accident) X NON-OWNED AUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION X WC STATU- OTH- WORKERAND LOYERS COMPENSATION LIABILITY 52WETL5148 1/1/2010 1/1/2011 BC ANY PROP RIETCR/PARTNER/EXECUTIVE YIN E L EACH ACCIDENT $ 11000,000 OFFICER/MEMBER EXCLUDED? N❑ NIA (Mandatory m NH) E L DISEASE-EA EMPLOYEE $ 1,000,000 It yes describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Addamnat Remarks Schedule,If more space Is required) General Liability excludes coverage for Professional Services (rendered or failure to render by Insured) No coverage is provided for Pollution Liability exposures. Workers- Compensaiton is not provided under the above policy for State of Washington However, Washington Stop Gap Employers- Liability is provided in the limits indicated above CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS Attn• Timothy J. LaPorte AUTHORIZED REPRESENTATIVE 220 Fourth Avenue S 4m Pievate Re44 WA*a9ewftt Kent WA 98032 2raraa,ree ffycncg 9,rc )1988-2009 ACORD CORPORATION All rights reserved ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD Page 1 of 2 DESCRIPTION OF OPERATIONS SECTION CONTINUED DATE 12/7/2010 CERTIFICATE HOLDER INSURED City of Kent Shannon & Wilson, Inc. Attn Timothy J LaPorte P O Box 300303 220 Fourth Avenue S Seattle WA 98103 Kent WA 98032 DESCRIPTION OF OPERATIONS CONTINUED Pro3ect(s) 1. Horseshoe Bend Levee Improvements, Levee at 80th South and East Horseshoe Bend site, Kent, WA (S&W Prop #21-3-52042), 2 Hawley Road Levee Improvements, Washington Avenue to State Route 167, Kent, WA (S&W Prop #21-2-60289) City of Kent, if required by written contract, is included as additional insured under the General Liability and Auto Liability policies, but only with respect to its interest in Named Insured's operations in connection with the above referended Project(a) . General Liability policy endorsed to provide 4S days notice of cancellation or non-renewal for reasons other than non-payment of premium, 10 days notice given for cancellation/non-renewal due to non-payment of premium. DOC(10/2003) Page 2 of 2 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but erations hazard" unless the "written contract a) Only with respect to liability for"bodily injury", requiring insurance" specifically requires you "property damage" or"personal injury", and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier or omissions of such person or organization 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement However, if the "written contract requiring insurance", the in_ "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in_ this insurance is primary to "other insurance" surance" This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III —Limits Of Insurance for such loss, and we will not share with that b) The insurance provided to the additional in- "other insurance" But the insurance provided to sured does not apply e "bodilytthin u the additional insured by this endorsement still is pp y injury", "prop- excess over any valid and collectible "other in- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any on any whether primary, excess, contingent or on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services, including an additional insured under such "other insur- e The preparing, approving, or fading to ance" prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the rags, opinions, reports, surveys, field or- additional insured by this endorsement ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications, and notice as soon as practicable of an "occur- rence" or an offense which may result in a ii. Supervisory, inspection, architectural or engineering activities claim To the extent possible, such notice should include CG D2 46 08 05 0 2005 The St Paul Travelers Companies, Inc Page 1 of 2 COMMERCIAL GENERAL LIABILITY I. How, when and where the "occurrence" any provider of"other insurance"which would or offense took place, cover the additional insured for a loss we ii. The names and addresses of any injured cover under this endorsement However, this persons and witnesses, and condition does not affect whether the insur- ance provided to the additional insured by Ill. The nature and location of any injury or this endorsement is primary to "other insur- damage arising out of the"occurrence" or ance" available to the additional insured offense which covers that person or organization as a b) If a claim is made or "suit" is brought against named insured as described in paragraph 3. the additional insured, the additional insured above must 5. The following definition is added to SECTION V. i. Immediately record the specifics of the —DEFINITIONS claim or"suit" and the date received, and "Written contract requiring insurance" means !I. Notify us as soon as practicable that part of any written contract or agreement under which you are required to include a The additional insured must see to it that we person or organization as an additional in- receive written notice of the claim or"suit" ass sured on this Coverage Part, provided that soon as practicable the "bodily injury" and "property damage" oc- c) The additional insured must immediately curs and the "personal injury" is caused by an send us copies of all legal papers received in offense committed connection with the claim or "suit", cooperate a. After the signing and execution of the with us in the investigation or settlement of the claim or defense against the "suit", and contract or agreement by you, otherwise comply with all policy conditions b. While that part of the contract or d) The additional insured must tender the de- agreement is in effect, and fense and indemnity of any claim or "suit" to c. Before the end of the policy period. Page 2 of 2 ©2005 The St Paul Travelers Companies, Inc. CG D2 46 08 05 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies Insurance provided under the following' BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage Is excluded or limited by such an endorsement The following (,sting is a general cover- age description only Limitations and exclusions may apply to these coverages Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE—INCREASED LIMIT B. BLANKET ADDITIONAL INSURED I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT C. EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS D EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS — INCREASED L. NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS OR LOSS F. HIRED AUTO — LIMITED WORLDWIDE M. BLANKET WAIVER OF SUBROGATION COVERAGE—INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED executed by you before the "bodily injury" or The following is added to Paragraph A 1., Who Is "property damage" occurs and that is in effect An Insured, of SECTION 11 — LIABILITY COV- during the policy period, to be named as an addi- ERAGE tional insured is an "insured" for Liability Cover- Any organization you newly acquire or form dur- age, but only for damages to which this insurance applies and only to the extent that person or or- ing the policy period over which you maintain ganlzation qualifies as an "insured" under the 50% or more ownership interest and that is not Who Is An Insured provision contained in Section separately insured for Business Auto Coverage, IL Coverage under this provision is afforded only un- til the IMin day after you acquire or form the or- ganization or the end of the policy period which 1. The following is added to Paragraph A.1., ever is earlier Who Is An Insured, of SECTION II — LI- B BLANKET ADDITIONAL INSURED ABILITY COVERAGE' The fol,owing is added to Paragraph c. in A.1., An "employee" of yours is an "insured" while Who Is An Insured, of SECTION II —LIABILITY operating an "auto" hired or rented under a COVERAGE contract or agreement in that "employee's" name, wth your permission, while performing Any person or organization who is required under duties related to the Conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T 3 53 06 08 ®2009 The Travelers Companies,Inc Page 1 of 4 Includes the copyrighted material of Insurance Setvices Office,Inc with its permission �fi Client#. 330606 SHANNWIL11 ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD/VYYY) 1210712010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the pollcy(ies)must be endorsed 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 endorsements) PRODUCER CONTACT NAME Kibble&Prentice,a USI Co. PHONE 206441-6300 ac,Ne 610-362-8528 P O Box 370 E CAILo Ext ADDRESS PL.Certrequest@kpcom.com Seattle,WA 98111 PRODUCER 206 441-6300 CUSTOMER ID INSURER(S)AFFORDING COVERAGE NAIC p INSURED INSURER A XL Specialty Insurance Company 37885 Shannon&Wilson, Inc. — ------ -- P.O Box 300303 INSURER IS Seattle,WA 98103 INSURER C INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER REVISION NUMBER. THIS IS TO CERTIFY THAT 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR' DDL3UBR POLICY EFF POLICY EXP LTR I rypE OF INSURANCE NSR NVD POLICY NUMBER MM/DD/VYV1' MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAG TOR NTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE 0 OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $ POLICY F7 PRO- LOG $ EnT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Peracadent) $ NON-OWNED AUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN FIR ANY PROPRIETORIPARTNER,,'EXECUTIVE EL EACH ACCIDENT $ OFFIC ER/MEMBER EXCLUDED? ❑ N/A -- -- (Mandatory in NH) E L DISEASE-EA EMPLOYEE $ If yes describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ A Professional DPR9682276 110112010 0110112011 $1,000,000 per Claim Liability $1,000,000 annl aggir. DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) S&W Job No Proposal#21-2-602891 Project Name Hawley Road Levee Improvements Description of Work Biological Assessment Location Washington Avenue to State Route 167,Kent,WA CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS Attn Timothy LaPorte 220 4th Avenue South AUTHORIZED REPRESENTATIVE Kent,WA 98032 0 1 988-2 009 ACORD CORPORATION.All rights reserved ACORD 25(2009109) 1 of 1 The ACORD name and logo are registered marks of ACORD #S5075057/M4758911 SXFJU