HomeMy WebLinkAboutPW12-298 - Amendment - #1 - Shearer Design, LLC - 64th Ave S Channel Improvements - 04/05/2013 Records M#nagemeril
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Shearer Design LLC
Vendor Number:
JD Edwards Number q
Contract Number: (W10-- l
This is assigned by City Clerk's Office
Project Name: 64th Ave. S. Channel Improvements
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other: AAmeg d<tuenl -i
y s-/3
Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/13
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Garrett Inouye Department: Engineering
Detail: (i.e. address, location, parcel number, tax id, etc.):
Provide additional design_services for the protect.
S.Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
3 .
KENT
Was Hin claH
AMENDMENT NO, 1
NAME OF CONSULTANT OR VENDOR: Shearer Design LLC
CONTRACT NAME & PROJECT NUMBER: 64t" Ave. S. Channel Improvements
ORIGINAL AGREEMENT DATE: December 13, 2012
This Amendment is made between the City and the above-referenced Consultant or
Vendor and amends the original Agreement and all prior Amendments. All other provisions of
the original Agreement or prior Amendments not inconsistent with this Amendment shall remain
in full force and effect. For valuable consideration and by mutual consent of the parties,
Consultant or Vendor's work is modified as follows:
1. Section I of the Agreement, entitled "Description of Work," is hereby modified to
add additional work or revise existing work as follows:
In addition to work required under the original Agreement and any
prior Amendments, the Consultant or Vendor shall:
Provide additional design services for the project.
2. The contract amount and time for performance provisions of Section II "Time of
Completion," and Section III, "Compensation," are modified as follows:
Original Contract Sum, $17,782.38
including applicable WSST
Net Change by Previous Amendments $0
Including applicable WSST
Current Contract Amount $17,782.38
including all previous amendments
Current Amendment Sum $5,890.50
Applicable WSST Tax on this $0
Amendment
Revised Contract Sum $23,672.88
AMENDMENT - 1 OF 2
Original Time for Completion December 31,2013
(insert date)
Revised Time for Completion under n/a
prior Amendments
(Insert date)
Add'1 Days Required (t) for this 0 calendar days
Amendment
Revised Time for Completion December 31,2013
(insert date)
The Consultant or Vendor accepts all requirements of this Amendment by signing below,
by its signature waives any protest or claim it may have regarding this Amendment, and
acknowledges and accepts that this Amendment constitutes full payment and final settlement of
all claims of any kind or nature arising from or connected with any work either covered or
affected by this Amendment, including, without limitation, claims related to contract time,
contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless
otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the
guarantee and warranty provisions of the original Agreement.
All acts consistent with the authority of the Agreement, previous Amendments (if any),
and this Amendment, prior to the effective date of this Amendment, are hereby ratified and
affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment
shall be deemed to have applied.
The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this Amendment, which is binding on the parties of this contract.
IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below.
CONSULT T/VENDOR: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Q fm L=AR-6 V-1�^ rent Na e uzette Cooke
Its�� ,� lDK � s Ma or
DATE: ����?> DATE: /3
APPROVED AS TO FORM:
(applicable If Mayor's signatur required)
IIqq.
VV
Kent Law Departmen
Shearer-W Channel Amd I/Inouye
AMENDMENT - 2 OF 2
{
EXHIBIT A
SHEARER DESIGN u_c.
SHEARER DESIGN LLe no No dridgsYlezi�C�,t� �nq 13 lm[nneyAve N#s
3613 Phrnne Ave N #A
Seattle,WA 98103
(206)781-7830
February 7, 2013
City of Kent Public Works
220 Fourth Ave S
Kent, WA 98032-5895
Attn• Garrett Inouye
RE. 64"Ave S. UPRR Culvert
Dear Garrett:
Please accept this modified proposal As discussed we will be pleased to assist
the City with design of the culvert replacement that is part of the 64th Ave S.
drainage project. I believe that the best way we can assist the City is in the
following areas-
Task 1; UPRR Culvert
• Foundation and load coordination with the geotechnical engineer
• Culvert layout
• Constructability details
• 100% wall sizing and structural design per AREMA
• 60% , 100% and final permit drawings
• Specifications
Task 2; Construction Services
• Shop drawing review
• Contractor RFI response
• Bid assistance
i
Final Stamped drawings 3 weeks following NTP.
Thanks again for considering Shearer Design to assist the City with this project. If
you have any questions or would like additional information please feel free to
call
Sincerely,
DAVID R SHEARER S E
SHEARER DESIGN
0177 scope uprr culvert rev 3
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CERTIFICATE OF LIABILITY INSURANCE DATE 11201TYYYI
CE
01l2 /2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
("ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
OW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
,.cPRESENTATIVE 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 to lieu of such endorsements)
PRODUCER Phone, (360)693-370D Fax' (360)698-3703 CAOMNTacf MICHAEL J.HALL&COMPANY
MICHAEL J.HALL&COMPANY PH0^e ' (360)588-3700 �} (360)598-3703
HALL&COMPANY EMAIL T
19660 10TH AVENUE N.E. ADDRESS
POULSBO WA 98370 INSURER(S) AFFORDING COVERAGE NAICA
tNSURERA Navigators Insurance Company 42307
INSURED INSURER Hartford Casualty Insurance Co. 29424
Shearer Design LLC
3613 Phinney Ave N#A INSURERe
Seattle WA 98103 INSURER
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER: 177523 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE 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 SUER POLICY NUM6_ER POLICY EFF POLICY EXP LIMITS
LT 4WD _ _ _ M VDD VY MMIDDNYYV
B GENERAL LIABILITY 62SBAIJ6571 02/09113 02/09114 FACHOCCURRENCE $ 2,000,000
DAMAGE 0RENTEO $ 300,000
X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurenm)
CLAIMS-MADE 111 OCCUR MED EXP(Anyone person) $ 10,000
X OCP,XCU,BFPO PERSONAL&ADV INJURY $ 2,000,000
X Separation of Insured GENERALAGGREGATE $ 4,000,000
GEN'LAGGREGATE LIMITAPPLIES PER. PRODUCTS COMPIOPAGG $ 4,000,000
POLICY X PE00 LOC $ _
AUTOMOBILE LIABILITY 528BAIJ6571 02/09113 02109114 CaaccieDSIncLEumn
(Ea accident) $ 2,000,000
JXANYAUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS
HIREDAUTOS NNON OWNED PPOPERT DAMAGE $
AUTOS (per awdent)
$
UMBRELLA LIAR OCCUR Y EACH OCCURRENCE $
[xcess 1Aa CLAIMS-MADE AGGREGATE $
DED I RETENTION$ $
B WC STATU- OTH
WORKERS COMPENSATION 52SBAIJ6571 02109113 02109/14 TORYLMITS ER $ WA Stop Gap
AND EMPLOY.-Re' L(AB.LTTY -'
ANY PROPRIETORIPARTNERIEXECUTIVe YIN EL EACH ACCIDENT $ 1,000,000
OFFICEPJMCMRER EXCLUDED? NIA EL DISEASE-EA EMPLOYEE $ 1,000,000
{Mandatory In NH) _
tf yes,descrye under EL DISEASE-POLICYLIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS below
A Professlonal Liability•Claims Made Formo CMI3DPL0116201V 01/11113 01/11/14 $1,000,000 Per Claim
$2,000,000 Aggregate
DESCRIPTION OF OPERATIONS 1 LOCATIONS i VEHICLES(Arta ch ACORD 101,Additional Remarks Schedule,If more spaoa Is required)
Project:64th Ave S channel Improvements
The City of Kent Is an Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or
agreement regarding activlflos by or on behalf of the Named Insured This insurance is primary Insurance and any other insurance
maintained by the Additional Insured shall be excess only and non-contributing with this insurance,A viraiver of subrogation applies to the
Commercial General Liability,AutO Liability and WA Stop Gop!Employers Liability In favor of the Additional Insured
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
400 W Gowe St ACCORDANCE WITH THE POLICY PROVISIONS.
Kent,WA 98032-6019 AUTHORIZED REPRESENTATIVC
Attention: Garrett Inouye
Chris Engstrom
ACORD 25(2010105) 9) 988-2010 ACORD CORPORATION, All rights reserved.
The ACORD name and logo are registered marks of ACORD
P
BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or b. Coverage under this provision does not
control of, or over which physical apply to;
control is being exercised for any (1) "Bodily injury" or "property damage"
purpose by you, any of your that occurred;or
"employees", "volunteer workers",
any partner or member(if you are (2) "P and advertising injury"
a partnership or joint venture), or arissinging o i out of an offense committed
any member (if you are a limited before you acquired or formed the
liability company) organization.
b. Real Estate Manager 4, Operator Of Mobile Equipment
Any person(other than your"employee"or With respect to "mobile equipment" registered in
"volunteer worker"), or any organization your name under any motor vehicle registration
white acting as your real estate manager. law, any person is an insured while driving such
in. Temporary Custodians Of Your equipment along a public highway with your
Property permission. Any other person or organization
responsible for the conduct of such person is
Any person or organization having proper also an insured, but only with respect to liability
temporary custody of your property if you arising out of the operation of the equipment,and
die, but only. only if no other insurance of any kind is available
(1) With respect to liability arising out of the to that person or organization for this liability
maintenance or use of that property,and However,no person or organization is an insured
(2) Until your legal representative has with respect to-
been appointed. a. "Bodily injury" to a co-"employee" of the
d. Legal Representative If You Die person driving the equipment;or
Your legal representative if you die, but b. "Property damage"to property owned by,
only with respect to duties as such, That rented to, in the charge of or occupied by
representative will have all your rights and you or the employer of any person who is
duties under this insurance. an insured under this provision. i
e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft
Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that
yours which is a legally incorporated entity is less than 51 feet long and is not being used
of which you own a financial interest of to carry persons for a charge, any person is an
more than 50% of the voting stock on the insured while operating such watercraft with
effective date of this Coverage Part. your permission, Any other person or
The insurance afforded herein for any organization responsible for the conduct of
subsidiary not shown in the Declarations such person is also an insured, but only with
as a named insured does not apply to respect to liability arising out of the operation
of the watercraft, and only if no other
injury or damage with respect to which an insurance of any kind is available to that
insured under this insurance is also an person or organization for this liability
insured under another policy or would be
an insured under such policy but for its However, no person or organization is an
termination or upon the exhaustion of its insured with respect to:
limits of insurance. a. "Bodily injury" to a co-"employee" of the
3. Newly Acquired Or Formed Organization person operating the watercraft,or
Any organization you newly acquire or form, b. "Property damage" to property owned by,
other than a partnership, joint venture or rented to, in the charge of or occupied by
limited liability company, and over which you you or the employer of any person who is
maintain financial interest of more than 50% of an insured under this provision.
the voting stock, will qualify as a Named 6. Additional Insureds When Required By
Insured if there is no other similar insurance Written Contract, Written Agreement Or
available to that organization. However: Permit
a. Coverage under this provision is afforded The person(s) or organization(s) identified in
only until the 180th day after you acquire Paragraphs a. through f. below are additional
or form the organization of the end of the insureds when you have agreed, in a written
policy period,whichever is earlier, and
Farm SS 00 08 04 05 Page 11 of 24
The Hartford
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a (e) Any failure to make such
permit issued by a state or political inspections, adjustments, tests or
subdivision, that such person or organization servicing as the vendor has
be added as an additional insured on your agreed to make or normally
policy, provided the injury or damage occurs undertakes to make in the usual
subsequent to the execution of the contract or course of business, in connection
agreement,or the issuance of the permit, with the distribution or sale of the
A person or organization is an additional products;
insured under this provision only for that (f) Demonstration, installation,
period of time required by the contract, servicing or repair operations,
agreement or permit except such operations performed
at the vendor's premises in
However, no such person or organization is an connection with the sale of the
additional insured under this provision if such product;
person or organization is included as an
additional insured by an endorsement issued (9) Products which, after distribution
by us and made a part of this Coverage Part, or safe by you, have been labeled
including all persons or organizations added or relabeled or used as a
as additional insureds under the specific container, part or ingredient of any
additional Insured coverage grants in Section other thing or substance by or for
F.—Optional Additional Insured Coverages. the vendor;or
a. Vendors (h) "Bodily injury" or 'property
damage" arising out of the sole
Any person(s)or organizations) (referred to
negligence of the vendor for its
below as vendor), but only with respect to
own acts or omissions or those of
"bodily injury" or "property damage" arising its employees or anyone else
out of "your products" which are distributed acting on its behalf. However,this
or sold in the regular course of the vendor's exclusion does not apply to
business and only if this Coverage Part
provides coverage for "bodily injury" or (i) The exceptions contained in
"property damage" included within the Subparagraphs(d) or(f), or
"products-completed operations hazard". (ii) Such inspections, adjustments,
(1) The insurance afforded to the vendor tests or servicing as the vendor
is subject to the following additional has agreed to make or normally
exclusions: undertakes to make in the usual
course of business, in
This insurance does not apply to: connection with the distribution
(a) "Bodily injury" or "property or sale of the products,
damage" for which the vendor is (2) This insurance does not apply to any
obligated to pay damages by insured person or organization from
reason of the assumption of whom you have acquired such products,
liability in a contractor agreement or any ingredient, part or container,
This exclusion does not apply to entering into, accompanying or
liability for damages that the containing such products.
vendor would haven the absence
of the contract or agreement; b, Lessors Of Equipment
(b) Any express warranty (1) Any person or organization from
unauthorized by you; whom you lease equipment; but only
with respect to their liability for "bodily
(c) Any physical or chemical change injury", "property damage" or
in the product made intentionally "personal and advertising injury"
by the vendor; caused, in whole or in part, by your
(d) Repackaging, except when mantenance, operation or use of
unpacked solely for the purpose of equipment leased to you by such
inspection, demonstration, testing, person or organization
or the substitution of parts under
instructions from the manufaciurer,
and then repackaged in the
original container,
Page 12 of 24 Form SS 00 08 04 06
BUSINESS LIABILITY COVERAGE FORM
(2) With respect to the insurance afforded e. Permits Issued By State Or Political
to these additional insureds, this Subdivisions
insurance does not apply to any (1) Any state or political subdivision, but
"occurrence" which takes place after only with respect to operations
you cease to lease that equipment. performed by you or on your behalf for
c. Lessors Of Land Or Premises which the state or political subdivision
(1) Any person or organization from has issued a permit.
whom you lease land or premises, but (2) With respect to the insurance afforded
only with respect to liability arising out to these additional insureds, this
of the ownership, maintenance or use insurance does not apply to.
of that part of the land or premises (a) "Bodily injury', "property damage"
leased to you or "personal and advertising
(2) With respect to the insurance afforded injury" arising out of operations
to these additional insureds, this performed for the state or
insurance does not apply to. municipality,or
(a) Any "occurrence" which takes (b) "Bodily injury"or"property damage"
place after you cease to lease that included within the "products-
land or be a tenant in that completed operations hazard".
premises;or f. Any Other Party
(b) Structural alterations, new (1) Any other person or organization who
construction or demolition is not an insured under Paragraphs a.
operations performed by or on through e above, but only with
behalf of such person or respect to liability for "bodily injury",
organization. "property damage" or "personal and
d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or
(1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or
only with respect to liability for "bodily the acts or omissions of those acting
injury", "property damage" or "personal on your behalf:
and advertising injury"caused, in whole (a) In the performance of your
or in part, by your acts or omissions or ongoing operations;
the acts or omissions of those acting on (b) In connection with your premises
your behalf owned by or rented to you;or
(a) In connection with your premises, (e) In connection with"your work"and
or included within the "products-
(b) In the performance of your completed operations hazard", but
ongoing operations performed by only if
you or on your behalf. (i) The written contract or written
(2) With respect to the insurance afforded agreement requires you to
to these additional insureds, the provide such coverage to
following additional exclusion applies; such additional insured, and
This insurance does not apply to (H) This Coverage Part provides
"bodily injury", "property damage" or coverage for "bodily injury" or
"personal and advertising injury" "property damage" included
arising out of the rendering of or the within the "products-
failure to render any professional completed operations hazard".
services by or for you,including: (2) With respect to the insurance afforded
(a) The preparing, approving, or to these additional insureds, this
failure to prepare or approve, insurance does not apply to
maps, shop drawings, opinions, "Bodily injury", "property damage" or
reports, surveys, field orders, "personal and advertising injury"
change orders, designs or arising out of the rendering of, or the
drawings and specifications, or failure to render, any professional
(b) Supervisory, inspection, architectural, engineering er surveying
architectural or engineering services, including,
activities.
Form SS 00 08 04 05 Page 13 of 24
BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or This General Aggregate limit does not
failure to prepare or approve, apply to "property damage" to premises
maps, shop drawings, opinions, while rented to you or temporarily
reports, surveys, field orders, occupied by you with permission of the
change orders, designs or owner, arising out of fire, lightning or
drawings and specifications,or explosion.
(b) Supervisory, inspection, 3. Each Occurrence Limit
architectural or engineering Subject to 2 a. or 2.b above, whichever
activities. applies, the most we will pay for the sum of all
The limits of insurance that apply to additional damages because of all "bodily injury",
insureds are described in Section D. — Limits "property damage" and medical expenses
Of Insurance. arising out of any one "occurrence" is the
How this insurance applies when other Liability and Medical Expenses Limit shown in
insurance is available to an additional insured the Declarations.
is described in the Other Insurance Condition The most we will pay for all medical expenses
in Section E. — Liability And Medical Expenses because of "bodily injury" sustained by any
General Conditions. one person is the Medical Expenses Limit
No person or organization is an insured with shown in the Declarations.
respect to the conduct of any current or past 4. Personal And Advertising Injury Limit
partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for
company that is not shown as a Named Insured in the sum of all damages because of all
the Declarations. "personal and advertising injury" sustained by
D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal
LIMITS OF INSURANCE and Advertising Injury Limit shown in the
Declarations.
1. The Most We Will Pay
S. Damage To Premises Rented To You Limit
The Limits of Insurance shown in the
Declarations and the rules below fix the most The Damage Premises Rented
we will pay regardless of the number of: Limit is the mosstt we will pay under Business
To You
Liability Coverage for damages because of
a. Insureds, "property damage" to any one premises, while
b. Claims made or"suits"brought;or rented to you, or in the case of damage by fire,
c. persons or organizations making claims or lightning or explosion, while rented to you or
bringing"suits" temporarily occupied by you with permission of
2. Aggregate Limits the owner.
The most we will pay for: In the case of damage by fire, lightning or
explosion,the Damage to Premises Rented To
a. Damages because of "bodily injury" and You Limit applies to sit damage proximately
"property damage" included in the caused by the same event, whether such
"products-completed operations hazard" is damage results from fire,lightning or explosion
the Products-Completed Operations or any combination of these
Aggregate Limit shown in the g, Mow Limits Apply To Additional Insureds
Declarations.
b. Damages because of all other "bodily The most we will pay on behalf of a person or
injury", "property damage" or "personal orgariizatron who is an additional insured
and advertising injury", including medical under this Coverage Part is the lesser of
expenses, is the General Aggregate Limit a. The limits of insurance specified in a
shown in the Declarations written contract, wiltten agreement or
This General Aggregate Limit applies permit issued by a state or political
separately to each of your "locations" subdivision, or
owned by or rented to you. b. The Limits of Insurance shown in the
"Location" means premises involving the Declarations
same or connecting lots, or premises Such amount shaft be a part of and not in
whose connection is interrupted only by a addition to the Limits of Insurance shown in
street, roadway or right-of-way of a the Declarations and described in this Section.
railroad
Page 14 of 24 Form SS 00 08 04 05
y • ,
BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this (1) Immediately send us copies of any
policy and any endorsements attached thereto demands, notices, summonses or
applies to any claim or"suit", the most we will pay legal papers received in connection
under this policy and the endorsements is the with the claim or"suit";
single highest limit of liability of all coverages (2) Authorize us to obtain records and
applicable to such claim or "suit". However, this other information,
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3.above (3) Cooperate with in the investigation,
settlement of the
claim or defense
The Limits of Insurance of this Coverage Part apply against the"suit';and
separately to each consecutive annual period and to (4) Assist us, upon our request, in the
any remaining period of less than 12 months, starting enforcement of any right against any
with the beginning of the policy period shown in the person or organization that may be
Declarations, unless the policy period is extended liable to the insured because of injury
after issuance for an additional period of less than 12 or damage to which this insurance
months In that case, the additional period will be may also apply.
deemed part of the last preceding period for purposes d. Obligations At The Insured's Own Cost
of determining the Limits of Insurance.
E. LIABILITY AND MEDICAL EXPENSES co insured will, except at that insured's own
cost, voluntarily make a paymentt,, assume
GENERAL CONDITIONS any obligation, or incur any expense, other
1. Bankruptcy than for first aid,without our consent.
Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance
the insured's estate will not relieve us of our if we cover a claim or "suit" under this
obligations under this Coverage Part Coverage Part that may also be covered
2. Duties In The Event Of Occurrence, by other insurance available to an
Offense,Claim Or Suit additional insured, such additional insured
a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the
other insurer for defense and indemnity.
You or any additional insured must see to However, this provision does not apply to
it- that we are notified as soon as the extent that you have agreed in a
practicable of an "occurrence" or an written contract, written agreement or
offense which may result in a claim. To permit that this insurance is primary and
the extent possible,notice should include: non-contributory with the additional
(1) How,when and where the"occurrence" insured's own insurance,
or offense took place, f. Knowledge Of An Occurrence, Offense,
(2) The names and addresses of any Claim Or Suit
injured persons and witnesses,and paragraphs a. and b. apply to you or to
(3) The nature and location of any injury any additional insured only when such
or damage arising out of the "occurrence", offense, claim or "suit" is
"occurrence"or offense known to.
b. Notice Of Claim (1) You or any additional insured that is
if a claim is made or "suit" is brought an individual;
against any insured, you or any additional (2) Any partner, if you or an additional
insured must, insured is a partnership,
(1) Immediately record the specifics of the (3) Any manager, if you or an additional
claim or"suit" and the date received; insured is a limited liability company;
and (4) Any "executive officer" or insurance
(2) Notify uses soon as practicable manager, if you or an additional
You or any additional insured must see to insured is a corporation;
it that we receive a written notice of the (5) Any trustee, if you or an additional
claim or"suit"as soon as practicable, insured is a trust,or
c, Assistance And Cooperation Of The (6) Any elected or appointed official, if you
Insured or an additional insured is a political
You and any other involved insured must, subdivision or public entity
Form SS 00 08 04 05 Page 15 of 24
BUSINESS LIABILITY COVERAGE FORM
This Paragraph I. applies separately to (3) We have issued this policy in reliance
you and any additional insured. upon your representations.
3. Financial Responsibility Laws b. Unintentional Failure To Disclose
a. When this policy is certified as proof of Hazards
financial responsibility for the future under If unintentionally you should fall to disclose
the provisions of any motor vehicle all hazards relating to the conduct of your
financial responsibility law, the insurance business at the inception date of this
provided by the policy for "bodily injury" Coverage Part, we shall not deny any
liability and "property damage" liability will coverage under this Coverage Part
comply with the provisions of the law to because of such failure.
the extent of the coverage and limits of 7, Other Insurance
insurance required by that law. If other valid and collectible insurance Is
b. With respect to "mobile equipment" to available for a loss we cover under this
which this insurance applies, we will Coverage Part, our obligations are limited as
provide any liability, uninsured motorists, follows
underinsured motorists, no-fault or other
coverage required by any motor vehicle a. Primary Insurance
law, Vile will provide the required limits for This insurance is primary except when b.
those coverages. below applies If other insurance is also
4. Legal Action Against Us primary, we will share with all that other
No person or organization has a right under insurance by the method described in c.
below
this Coverage Form:
6. Excess Insurance
a. To join us as a party of otherwise bring us
into a "suit" asking for damages from an This insurance is excess over any of the
insured,or other insurance, whether primary, excess,
b. To sue us on this Coverage Form unless contingent or on any other basis;
all of its terms have been fully complied (1) Your Work
with. That is Fire, Extended Coverage,
A person or organization may sue us to recover Builder's Risk, Installation Risk or
on an agreed settlement or on a final judgment similar coverage for"your work";
against an insured, but we will not be liable for (2) Premises Rented To You
damages that are not payable under the terms of That is fire, lightning or explosion
this insurance or that are in excess of the insurance for premises rented to you
applicable limit of insurance An agreed or temporarily occupied by you with
settlement means a settlement and release of permission of the owner,
liability signed by us, the insured and the
claimant or the claimant's legal representative. (3) Tenant Liability
5. Separation Of Insureds That is insurance purchased by you to
n cover your liability as a tenant for
Except with respect to the Limits of Insurance, "property damage" to premises rented
and any rights or duties specifically assigned to in this policy to the first Named Insured, this you temporarily occupied by you
w
Insurance applies with permission of the owner,
a. As if each Named Insured were the only (4} Aircraft,Auto Or Watercraft
Named Insured;and If the loss arises out of the maintenance
b. Separately to each insured against whom or use of aircraft,"autos"or watercraft to
a claim is made or"suit"is brought. the extent not subject to Exclusion g.of
Section A —Coverages.
6. Representations (5) Property Damage To Borrowed
a. When You Accept This Policy Equipment Or Use Of Elevators
By accepting this policy,you agree If the loss arises out of "property
(1) The statements in the Declarations damage" to borrowed equipment or
are accurate and complete, the use of elevators to the extent not
(2) Those statements are based upon subject to Exclusion k. of Section A.—
representatrons you made to us;and Coverages.
Page 16 of 24 Form 55 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An When this insurance is excess over other
Additional Insured To Other insurance, we will pay only our share of
Insurance the amount of the loss, if any, that
That is other insurance available to exceeds the sum of.
you covering liability for damages (1) The total amount that all such other
arising out of the premises or insurance would pay for the loss in the
operations, or products and completed absence of this insurance,and
operations, for which you have been (2) The total of all deductible and self-
added as an additional insured by that insured amounts under all that other
insurance; or insurance,
(7) When You Add Others As An We will share the remaining loss,0 any,with
Additional Insured To This any other insurance that is not described in
Insurance this Excess insurance provision and was not
That is other insurance available to an bought specifically to apply in excess of the
additional insured. Limits of Insurance shown in the
However, the following provisions Declarations of this Coverage Part.
apply to other insurance available to c. Method Of Sharing
any person or organization who is an If all the other insurance permits
additional insured under this Coverage contribution by equal shares,we will follow
Part this method also Under this approach,
(a) Primary Insurance When each insurer contributes equal amounts
Required By Contract until it has paid its applicable limit of
This insurance is primary if you insurance or none of the loss remains,
have agreed in a written contract, whichever comes first
written agreement or permit that If any of the other insurance does not permit
this insurance be primary. If other contribution by equal shares, we will
insurance is also primary, we will contribute by limits. Under this method,each
share with all that other insurance insurer's share is based on the ratio of its
by the method described in c. applicable limit of insurance to the total
below, applicable limits of insurance of all insurers.
(b) Primary And Non-Contributory 8, Transfer Of Rights Of Recovery Against
To Other Insurance When Others To Us
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or
contract, written agreement or part of any payment, including
permit that this insurance is Supplementary Payments, we have made
primary and non-contributory with under this Coverage Part, those rights are
the additional insured's own transferred to us. The insured must do
insurance, this insurance is nothing after loss to impair them. At our
primary and we will not seek request, the insured will bring "suit" or
contribution from that other transfer those rights to us and help us
insurance. enforce them This condition does not
Paragraphs(a)and (b) do not apply to apply to Medical Expenses Coverage
other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver
insured has been added as an Of Subrogation)
additional insured, If the insured has waived any rights of
When this insurance is excess, we will recovery against any person or
have no duty under this Coverage Part to organization for all or part of any payment,
defend the insured against any"suit"if any including Supplementary Payments, we
other insurer has a duty to defend the have made under this Coverage Part, we
insured against that "suit' If no other also waive that right, provided the insured
insurer defends, we will undertake to do waived their rights of recovery against
so, but we will be entitled to the insured's such person or organization in a contract,
rights agarnst all those other insureis agreement or permit that was executed
prior to the injury or damage.
Form 88 00 08 04 05 Page 17 of 24
REQUEST FOR MAYOR'S SIGNATURE
KENT Please Fill in All Applicable Boxesbt�
ewed by Director
Originator's Name: Garrett Inoue Dept/Div. En ineerin /Desi n Extension: 5548
Date Sent: �&IjA Date Required: /ti/ia
Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/13
VENDOR: Shearer Design LLC DATE OF COUNCIL APPROVAL: N/A
ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable
Brief Explanation of Document:
The attached Amendment No. 1 is necessary for Shearer Design to provide additional
design services for the 64th Ave. S. Channel Improvements project.
All Contracts Must Be Routed Through The Law Department
RECEIVE (This area to be completed by the Law Department)
Received: APR Q 4 Z013
Approval of La e V /
Law Dept. Comments: RECEIVED
APR 0 5 2111�
Date Forwarded to Mayor: ► �� ! ?� City Of Kent
Of th9l h 4- of
IWIQY
Shaded Areas To Be Completed By Administration Staff
Received:
Recommendations and Comments:
Disposition:
Date Returned: / ��