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HomeMy WebLinkAboutPK12-053 - Original - Cost Analysis of Park and Recreation Improvements ecords M Y W agemer y KENT Document W ASHINGTOM 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: Otak, Inc. Vendor Number: JD Edwards Number Contract Number: eK I ;�,- 0!5 This is assigned by City Clerk's Office Project Name: Cost Analysis of park and recreation improvements Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: r Contract Effective Date: 4/3/2012 Termination Date: 12/31/2012 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Nancy Clary (tp) Department: Parks Planning & Dev. Detail: (i.e. address, location, parcel number, tax id, etc.): S Pubhc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 e- �.� _. KENT Wws HINGTO" CONSULTANT SERVICES AGREEMENT between the City of Kent and Otak, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Otak, Inc., organized under the laws of the State of Washington, located and doing business at 10230 NE Points Drive, Suite 400, Kirkland, WA 98033 (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: Identify the costs associated with potential park and recreation improvements as described in Exhibit A attached and incorporated by this reference. , Consultant further represents that the services furnished under this Agreement will be w 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 December 31, 2012. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $9,000.00, plus applicable Washington State sales tax, 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 C. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of CON SULTANT SERVICES AGREEMENT - 1 (Under$10,000) 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, 3 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. 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: hf By: t r (signature) Print Nam sag e: Prin Na Jeff Watling Its: dL Its: Director, Parks, Recreation and (tlye5 Community Services Department DATE: DATE:, < NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Chad Weiser Hope Gibson Otak, Inc. City of Kent 10230 NE Points Drive, Suite 400 220 Fourth Avenue South Kirkland, WA 98033 Kent, WA 98032 425-250-5250 (telephone) (253) 856-5112 (telephone) 425-827-9577 facsimile (253) 856-6050 (facsimile) I � 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 /ffive requirements referenced above. Dated this day of BY (%/— For: V I ter` I T►�. Title: Prilvid1104( Date: 3 -34' is 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 A Scope of Work March 19, 2012 On Call Services Purpose The City of Kent has an ongoing desire to plan for the maintenance of existing park assets and for potential future park development to serve its ever growing community with a well- rounded and expansive network of recreational opportunities The purpose of this on-call services contract is to help inform the City of Kent by identifying the costs associated with potential park and recreation improvements Otak will be available on a task by task basis to assist the city of Kent Parks, Recreation and Community Services Department with analyzing the potential costs associated with projects under consideration This cost evaluation will occur at a planning level to determine the economic viability of potential projects Project examples may include a variety of improvements to the City's community parks,neighborhood parks,recreation facilities,trail and greenway corridors,natural resource areas,and undeveloped land. Scope of Work Task 1.0 Planning Level Cost Reports Class C planning level cost reports will be prepared by Otak based on specific project information provided by the City of Kent.A minimal level of site planning and design may be required (only if necessary) as a part of this work to define the type and size of proposed improvements to a level that can be accurately evaluated for potential costs Cost analysis reports will be unit price based and may also include low,medium and high ranges in cost if requested Contingencies will be included as a part of cost analysis and well be based on oveiall cost percentages Cost reports and supporting plans and documentation will be provided in draft form for client review Following the comment review penod,Otak will proceed with final report adjustments and modifications It is anticipated that a typical report will include a cost analysis, a written narrative, and,if necessary,a minimal amount of supporting graphics such as a planning level site plan graphics Deliverables: One (1)PDF copy of the Draft and Final Reports Task 1.0—Time and Materials Not-To-Exceed Allowance $9,000 i City of Kent— Parks, Recreation , and Community Services On Call Services I otak K\project\32100\32131\Contract\Scopeotwork031912 doc Scope of Work Continued Compensation As compensation for the performance of the services described above, Otak will be reimbursed by City of Kent on a time and materials basis In house reimbursable expenses for all tasks will be invoiced on a cost plus ten percent (10n/o) basis Any out-of-house direct costs will be invoiced at cost plus ten percent (10%) An hourly rate schedule for each anticipated labor category has been attached as reference Invoices will be sent monthly in a format acceptable to the Client Otak agrees to inform the Client if the Scope of Work extends beyond that which is currently contracted prior to performing the work Otak will require written approval before completing work in addition to the estimated time and materials allowance presented in this proposal Schedule We will work with the City of Kent Parks,Recreation and Community Services Department to establish submittal dates on a task-by-task basis It is expected that consulting services will be completed by December 31,2012 Assumptions This proposal and Otak's agreement to perform said services is based upon the following assumptions. 1. The Client shall furnish basic information,prepared or obtained by others,which is pertinent to the services contained in this proposal including available City-based GIS data 2. The Client shall develop a specific scope of work for each task as projects are identified 3. The Client shall provide access and make all provisions necessary to enter public and private property as required to perform services covered by this proposal. 4. Project evaluations will be based on information provided by the client,and from visual review of existing conditions, consideration of practical design solutions and recommendations based on reasonable assumptions and past professional experience 5. If services extend beyond December 31,2012,hourly rates may be adjusted at that time. City of Kent— Parks , Recreation , and Community Services On Call Services 2 otak K\prolectl32100\32131\Contract\ScopeOfWork031912 doe 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, 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 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. EXHIBIT B (Continued) 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 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 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. a EXHIBIT B (Continued) 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. a a d Otak,Inc.Bill Rate Schedule Average Bill Rates Civil Engineer VIII $151 Civil Engineer VII $144 Civil Engineer VI $126 Civil Engineer V $119 Civil Engineer IV $108 Civil Engineer III $102 Civil Engineer II $90 Civil Engineer I $83 Engineering Designer IV $95 Engineering Designer III $83 PIC/Sr.PM LA/Master Plan $159 Landscape Architect V $115 Landscape Architect IV $105 Landscape Architect III $100 Landscape Technician 11I $74 Landscape Technician II $69 Landscape Technician I $62 a Planner III $123 Planner II $97 Planner I $79 Contract Adrrun $81 ProjectAdnnn Asst $68 Bill Rates are based on current 2012 rates All other direct costs and subconsultants will be charged at cost plus ten percent(10%). L\CONTRACT\Unassigned Tree\32131-rate schedule-031212 3/12/2012 DATE(MMIDD/ A CERTIFICATE OF LIABILITY INSURANCE 3/29/2012m 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 policy(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 endorsements) PRODUCER CONTACT Dana Rheault NAME JD Fulwiler 6 Co. Insurance, Inc. PHONE (503)293-8325 pC No, (503)293-5418 5727 SW Macadam Ave ADDRIESSdrheault@jdfulwiler com PO BOX 69508 INSURERS AFFORDING COVERAGE NAIL# Portland OR 97239 INSURER Travelers 19046 INSURED INSURERS Sa1f Corporation Otak Inc. INSURERC Beazley Insurance Company Inc PO BOX 1379 INSURER INSURER E Lake Oswego OR 97035 INSURER COVERAGES CERTIFICATE NUMBER:11/12 Standard 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 EXP VTR TYPE OF INSURANCE AN R WVD U POLICY NUMBER MMDDYIYYVY MMIDDEFFYlYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY AMA NTED PRE IA SES Ea occurrence $ 300,000 A CLAIMS-MADE ❑X OCCUR 6801497P251 2/9/2011 12/9/2012 MED EXP(Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS COMP/OP AGG $ 2,000,000 17 POLICY X PRO X LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED 502P892 12/9/2011 12/9/2012 BODILY INJURY(Per accident) $ AUTOS AUTCS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTCS Per accident Towing $ X UMBRELLA LIA BB Xd OCCUR -EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DEC I X RETENTIONS 10,00C QK06503827 12/9/2011 12/9/2012 $ B WORKERS COMPENSATION X I WC STATU- OTH- AND EMPLOYERS'LIABILITY YINCRY LIM ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ 1 000 0QQ OFFICER/MEMBER EXCLUDED ❑ NIA (Mandatory in NH) 487431 OTAK INC 4/1/2012 4/1/2013 E L DISEASE-EA EMPLOYEE $ 1,000,000 If yes descnoe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ 1.000.000 C Professional L1abmlity 10267090101 12/9/2009 12/9/2010 Limits per Claim/Aggregate $2m/$2 Claims-Made Form Deductible perClalm $200,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Re* Operations of the Named Insured subject to policy terms and conditions; Certificated holder is included as additional insured, except Workers Comp, as their interests appear, per CGD3810907 (previously attached) , Primary, non-contributory per CGD3810908 (previously attached)Separation of Insured per applicable section of CG0001 (previously attached) , 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 220 Fourth Avenue South Kent, WA 98032 AUTHORIZED REPRESENTATIVE C� Dana Rheault/DANAt'C� ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INSn2s r9nlrAWl D1 The annpn neme enrl Inn.orn rnmcferoA mnrite.f Anripn �..� r COMMERCIAL GENERAL LIABILITY CG 00 0112 07 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage b. This insurance applies to "bodily injury" and Read the entire policy carefully to determine rights, "property damage"only if duties and what is and is not covered (1) The "bodily injury" or "property damage" is Throughout this policy the words "you" and "your" caused by an "occurrence" that takes place refer to the Named Insured shown in the Declarations, in the"coverage territory", and any other person or organization qualifying as a (2) The "bodily injury" or "property damage" Named Insured under this policy The words "we", occurs during the policy period,and "us" and "our" refer to the company providing this insurance (3) Prior to the policy period, no insured listed The word"insured"means any person or organization under Paragraph Section II — Who Is An Insured and noo "e employee" authorized qualifying as such under Section II — Who Is An In- by you to give or receive notice of an "oc- sured. currence" or claim, knew that the"bodily in- Other words and phrases that appear in quotation jury" or"property damage" had occurred, in marks have special meaning Refer to Section V — whole or in part. If such a listed insured or Definitions authorized "employee" knew, prior to the SECTION I—COVERAGES policy period, that the "bodily injury" or COVERAGE A BODILY INJURY AND PROPERTY "property damage" occurred, then any con- DAMAGE LIABILITY tinuation, change or resumption of such "bodily injury" or "property damage" during 1. Insuring Agreement or after the policy period will be deemed to a. We will pay those sums that the insured be- have been known prior to the policy period comes legally obligated to pay as damages c. "Bodily injury" or "property damage" which because of"bodily injury"or"property damage" occurs during the policy period and was not, to which this insurance applies We will have prior to the policy period, known to have oc- the right and duty to defend the insured against curred by any insured listed under Paragraph any "suit" seeking those damages However, 1. of Section II — Who Is An Insured or any we will have no duty to defend the insured "employee" authorized by you to give or re- against any "suit" seeking damages for"bodily ceive notice of an "occurrence" or claim, in- injury" or "property damage" to which this in- eludes any continuation, change or resumption surance does not apply We may, at our discre- of that "bodily injury" or "property damage" af- tion, investigate any "occurrence" and settle ter the and of the policy period any claim or"suit"that may result But d. "Bodily injury" or "property damage" will be (1) The amount we will pay for damages is deemed to have been known to have occurred limited as described in Section III — Limits at the earliest time when any insured listed un- Of Insurance,and der Paragraph 1. of Section II —Who is An In- (2) Our right and duty to defend ends when we sured or any "employee" authorized by you to have used up the applicable limit of insu- give or receive notice of an occurrence or ante in the payment of judgments or set- claim tlements under Coverages A or B or medi- (1) Reports all, or any part, of the"bodily injury" cal expenses under Coverage C. or"property damage" to us or any other in- ; No other obligation or liability to pay sums or surer, perform acts or services is covered unless ex- (2) Receives a written or verbal demand or plicidy provided for under Supplementary Pay- claim for damages because of the "bodily ments—Coverages A and B. injury"or"property damage", or (3) Becomes aware by any other means that "bodily injury"or"property damage" has oc- curred or has begun to occur CG 00 01 12 07 0 ISO Properties, Inc.,2006 Pagel of 16 p (3) When this insurance is excess over other c. We have issued this policy in reliance upon insurance,we will pay only our share of the ��� your representations amount of the loss, if any, that exceeds the separation Of Insureds sum of• {a) The total amount that all such other xcept with respect to the Limits of Insurance, and insurance would pay for the loss in the any rights or duties specifically assigned in this absence of this insurance,and Coverage Part to the first Named Insured, this in- surance applies- (b) The total of all deductible and self- a. As if each Named Insured were the only insured amounts under all that other in- Named insured, and surance b. Separately to each insured against whom claim (4) We will share the remaining loss, if any, is made or"suit"is brought with any other insurance that is not de- scribed in this Excess Insurance provision 8. Transfer Of Rights Of Recovery Against Others and was not bought specifically to apply in To Us excess of the Limits of Insurance shown in If the insured has rights to recover all or part of the Declarations of this Coverage Part any payment we have made under this Coverage c. Method Of Sharing Part, those rights are transferred to us The in- sured must do nothing after loss to impair them At If all of the other insurance permits contribution our request, the insured will bring "suit" or transfer by equal shares, we will follow this method those rights to us and help us enforce them also Under this approach each insurer con- tributes equal amounts until it has paid its ap- 9 When We Do Not Renew plicable limit of insurance or none of the loss If we decide not to renew this Coverage Part, we remains, whichever comes first will mail or deliver to the first Named Insured If any of the other insurance does not permit shown in the Declarations written notice of the contribution by equal shares, we will contribute nonrenewal not less than 30 days before the expi- by limits Under this method, each insurer's raticn date sham is based on the ratio of its applicable If notice is mailed, proof of mailing will be sufficient limit of insurance to the total applicable limits of proof of notice insurance of all insurers SECTION V—DEFINITIONS S. Premium Audit 1. "Advertisement" means a notice that is broadcast a. We will compute all premiums for this Cover- or published to the general public or specific mar- age Part in accordance with our rules and ket segments about your goods, products or ser- rates vices for the purpose of attracting customers or b. Premium shown in this Coverage Part as ad- supporters For the purposes of this definition vance premium is a deposit premium only At a. Notices that are published include material the close of each audit period we will compute placed on the Internet or on similar electronic the earned premium for that period and send means of communication, and notice to the first Named Insured The due date b, Regarding web-sites, only that part of a web- for audit and retrospective premiums is the site that is about your goods, products or ser- date shown as the due date on the bill If the vices for the purposes of attracting customers sum of the advance and audit premiums paid or supporters is considered an advertisement. for the policy period is greater than the earned premium, we will return the excess to the first 2. "Auto"means- Named Insured. a. A land motor vehicle, trailer or semitrailer de- c. The first Named Insured must keep records of signed for travel on public roads, including any the information we need for premium compute- attached machinery or equipment, or bon, and send us copies at such times as we b. Any other land vehicle that is subject to a com- may request pulsory or financial responsibility law or other S. Representations motor vehicle insurance law in the state where By accepting this policy,you agree. it is licensed or principally garaged However, "auto" does not include "mobile equip- a. The statements in the Declarations are accu- ment' rate and complete; b. Those statements are based upon representa- tions you made to us, and Page 12 of 16 0 ISO Properties, Inc,2006 CG 00 01 12 07 O COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section Ill) for this Coverage (Section II): Part. Any person or organization that you agree in a B. The following Is added to Paragraph a. of 4. "contract or agreement requiring Insurance" to in. Other Insurance in COMMERCIAL GENERAL dude as an additional insured on this Coverage LIABILITY CONDITIONS (Section IV): Part, but only with respect to liability for"bodily in- However, if you specifically agree in a"contract or jury", "property damage" or "personal injury" agreement requiring insurance" that the insurance caused, in whole or in part, by your acts or omis- provided to an additional Insured under this Cov- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf. primary and non-contributory basis,this insurance a. In the performance of your ongoing opera- Is primary to other insurance that is available to tions, such additional insured which covers such addl- b. In connection with premises owned by or tional insured as a named insured, and we will not rented to you;or share with the other insurance, provided that c. In connection with "your work" and included (1) The "bodily Injury" or "property damage" for within the "products-completed operations which coverage is sought occurs; and hazard" (2) The "personal injury" for which coverage is ' Such person or organization does not qualify as sought arises out of an offense committed, an additional Insured for "bodily injury", "property after you have entered Into that "contract or damage" or 'Personal injury" for which that per- agreement requiring insurance" But this insur- son or organization has assumed liability in a con- ance still is excess over valid and collectible other tract or agreement insurance, whether primary, excess, contingent or The insurance provided to such additional Insured on any other basis,that is available to the insured is limited as follows when the Insured is an additional Insured under d. This insurance does not apply on any basis to any other insurance any person or organization for which cover- C. The following is added to Paragraph 8, Transfer age as an additional insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part. DITIONS (Section IV): e. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services". payments we make for "bodily injury", "property ' a f. The limits of insurance afforded to the adds- damage" or "personal injury" anstng out of "your donaf insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that "contract or agreement requir- a"contract or agreement requiring Insurance"with ing Insurance" to provide for that additional that person or organization We waive these insured, or the limits shown in the Declare- rights only where you have agreed to do so as tons for this Coverage Part, whichever are part of the "contract or agreement requiring insur- less This endorsement does not increase the ance" with such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when, the"bodily CG D5 81 09 07 ®2007 The Travelers Companies Inc Page 1 of 2 Includes the copyrighted material of Insurance Services office Inc,with its percussion 1 COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- erage Part, provided that the "bodily Injury" and sonal Injury" offense is committed "property damage" occurs, and the "personal in- D. The following definition is added to DEFINITIONS jury" is caused by an offense committed (Section V): a. After you have entered into that contract or "Contract or agreement requiring Insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to include a person or in effect; and organization as an additional insured on this Cov- c Before the end of the policy period - c. vry., - �.q,y�ry r i+^_1.Y�.tY#YY,YS.Y•RM}YC�e L,¢ams.A�VxcusCd.,,xN..rNw.<r .+ -.- .v e x s v .!.�•.-u: n`Y, KL,rl ^vs.%.T� -a r -. y __Page 2 of 2 92007 The Travelers Companies Inc CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office Inc with its permission