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HomeMy WebLinkAboutPW13-008 - Original - Allen Brackett Shedd - LID 364 SE 256th Street Improvements - 03/14/2013 iE Records Management 111ZKENT WA=„,„�rO„ Document >> 111 , F 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: Allen Brackett Shedd Vendor Number: JD Edwards Number Contract Number: Ai 13- ©G g This is assigned by City Clerk's Office Project Name: LID 364 - SE 256th Street Improvements Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 3/14/13 Termination Date: 12/31/13 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Madfai Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Provide appraisal consulting services for the rho ect. S•Pu bltc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT WI.5HINGTON PROFESSIONAL SERVICES AGREEMENT between the City of Kent and Bruce C. Allen Associates, Inc. d/b/a Allen Brackett Shedd THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Bruce C. Allen Associates, Inc d/b/a Allen Brackett Shedd organized under the laws of the State of Washington, located and doing business at 12320 NE 81h Street, Suite 200, Bellevue, WA 98005, Phone (425) 450-4040/Fax (425) 688-1819, Contact: Deborah Foreman (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: The Contractor shall provide appraisal consulting services for LID 364 - SE 256th Street Improvements For a description, see the Contractor's 3anuar p p Y 14, 2013 Scope of Work which is attached as Exhibit A and incorporated by this reference Contractor 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, and Contractor shall complete the work by December 31, 2013 III. COMPENSATION. The City shall pay Contractor a total amount not to exceed Eight Thousand Dollars ($8,000 00) for the services described in this Agreement. The Contractor shall invoice the City monthly based on time and materials incurred during the preceding month The hourly rates charged for Contractor's services shall be as delineated in the attached and incorporated Exhibit A All hourly rates charged shall remain locked at the negotiated rates throughout the term of this Agreement. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement By their execution of this Agreement, and in accordance with Ch 51.08 RCW, the parties make the following representations. A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. PROFESSIONAL SERVICES AGREEMENT - 1 (Under$S 0,000) E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor 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 seven (7) calendar days written notice at its address set forth on the signature block of this Agreement. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not discriminate against any person who is qualified and available to perform the work to which the employment relates as provided for by the City of Kent's Equal Employment Opportunity Policy Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Contractor 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 Contractor'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 Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. In the event Contractor 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 Contractor's part, then Contractor 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 Contractor's part. VIII. INSURANCE. The Contractor 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. XII. CONTRACTOR'S WORK AND RISK. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those services. All work shall be done at Contractor's own risk, and Contractor 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 PROFESSIONAL SERVICES AGREEMENT- 2 (Under$10,000) 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 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 Contractor. 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. Should any language in any of the exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR:/ CITY OF-KENT: (signature) (s ature) Print Name: i M��ray a r,c_K e ' Print Name: Tirhothy J. LaPorte, P E. Its: P n�.f..l Its: Public Works Director DATE: 3111�1"3 (title) DATE:_3 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Deborah Foreman Timothy J. LaPorte, P E. Allen Brackett Shedd City of Kent 12320 NE 8" St., Suite 200 220 Fourth Avenue South Bellevue, WA 98005 Kent, WA 98032 (425) 450-4040 (telephone) (253) 856-5500 (telephone) (425) 688-1819 (facsimile) (253) 856-6500 (facsimile) PROFESSIONAL SERVICES AGREEMENT- 3 (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 rZ--- day of 20-L-�. By: For: Title: ��•n<(i< A Date: 3) 1Z I t -3) EEO COMPLIANCE DOCUMENTS - 1 S 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 EXHIBIT A I S.AJzmay Brackett,MAI,Piuicipal Darin A Shedd,AM],Pimcipal Deborah Foreman Greg Goodman,A/AI,Piincipal Matt Sloan Robert Cimuibei lilt David Coleman Jessica Sto6esberry Hebei Itennetly Dawn Lindsay Diane Quinn Biuce C Allen,MAI(Founder 1938-2007) January 14, 2013 Mr. Thomas Brubaker City Attorney City of Kent 220 401 Avenue South Kent, Washington 98032-5895 RE: APPRAISAL/ CONSULTING SERVICES FOR LID 364 — SE 256TH STREET IMPROVEMENT,IN KENT,KING COUNTY,WASHINGTON Dear Mr Brubaker: As requested, we are prepared to provide additional appraisal/ consulting services for LID 364 — SE 256th Street Improvement. In 2009 and additional dates subsequent, we completed a Preltnbbnary Feasibility Analysis of Special Beneftts/C,onsulting Assignment and supplemental services. The purpose of this assignment is to assist the City of Kent in decision making regarding the formation of a Local Improvement District (LID) This is for a road reconstruction and related improvements of SE 25601 Street, between SR-516 and 116th Avenue NE. The project includes expansion of the existing road to three lanes; new curbs, gutters, sidewalks; utilities and storm detention upgrades; street lighting and landscaping. This scope of work does not include any detailed review of any proposed right-of-way acquisitions and related acquisition costs. Scope of Work This assignment is expected to include the following: 1. Redeliver previously developed work product to the City corresponding to preliminary special benefits/ assessments discussed by City with property owners in 20D9 2. Review 2009 work product and complete memorandum indicating methodology, preliminary conclusions of feasibility, and relevance of same in 2012 time frame. This is to include sample comparisons of 2009 property assessed values by King County compared to 2012 assessed values. G 3. Consult with City and LID legal counsel regarding our findings and recommendations. 4. At request of City, attend owners' meetings, formation hearing, and other LID meetings. 12320 NE 81b Street, Suite 200 Bellevue, WA 98005 Phone(425)450-4040 Fax(425)688-1819 419 Berkeley Avenue, Suite A Fircrest, WA 98466 Phone(253)274-0099 Fax(253) 564-9442 5. Determine additional needs, fees and timing for a detailed Special Benefits Study. Fees and Timing The Budget for this assignment is Not to Exceed $8,000. Our time will be accounted for on an hourly basis and periodically reviewed with the Chent, City of Kent. This project is anticipated to be completed, as necessary, with the consultants identified below. Deborah A. Foreman, Senior Associate $200.00 per hour Matthew C. Sloan, Senior Associate $150.00 Other Associate Appraiser $110.00 to $150.00 per hour The Budget breakdown is approximately as follows: Scope of Work Items 1 and 2, $2,000; Meetings Budget, 15 hours, $3,000; additional "on call" services, $3,000. In order to proceed with this assignment, we need a signed copy of a City contract incorporating the terms of this letter proposal. Thank you for your consideration of Allen Brackett Shedd for this assignment. Please call if you have any questions. Sincerely, ALLEN BRACKETT S�HEDD Deborah A. Foreman, Senior Associate Enclosures I I i i Allen Brackett Shedd 2 48599df doe-Copyright 0 30I3 QUALIFICATIONS DEBORAH A. FOREMAN Experience Ms Foreman has over 30 years experience in real estate acquisitions, appraisals, development, asset management, and brokerage for all property types She also has broad experience in valuation and feasibility analysis, and structuring, negotiating and closing large transactions Allen Brackett Shedd (formerly Bruce C. Allen & Associates, Inc.), Bellevue, Washington 1990 to Present—Senior Associate Specializing in valuation and consulting services for major real estate investments in the Pacific Northwest Majoi projects, primarily in Washington State, include. City of aeattle. Special benefits, feasibility analysis, and consulting, including public hearing activities, from 2004 to present (1) South Lake Union Streetcar Project, a $50 million streetcar project from downtown Seattle to Fred Hutchinson Cancer Research Center, funded in part with a $27 million LID affecting over 1,200 parcels with property values in excess of $5 billion and special benefits over $60 million, (2) Alaskan Way Tunnel, a proposed $4 0 billion replacement of existing Viaduct along Seattle's Central Waterfront; over 5,000 parcels analyzed with preliminary special benefits of $400 to $600 million; development potential in area of 8.6 million square feet and $3 0 billion in additional building value potential; historical absorption analysis of several downtown neighborhoods, and (3) other preliminary feasibihty analysis for LID,9 in South Lake Union and Interbay neighborhoods. Sound'Eransit. Appraisal project manager of subconconsultant services, appraisals, consulting and condemnation services for, from 1998 through 2003: (1) Commuter Dail, for 6 stations from Seattle to Tacoma, over 50 appraisals completed by team, (2) LINK, for market estimates for over 2,000 parcels in the Central LINK DEIS process; market analysis, appraisals, occupancy and employment analysis for Central and Tacoma LINK, over 300 appraisals completed by LINK team; and (3) appraisal project manager for REX, over 40 appraisals completed Port of Seattle Appraisals, consulting and condemnation trial services for: (1) Pier 48, 2006, analysis of market value, including mitigation value of existing pier; (2) Pier 66, 2005, financial analysis of various income sources, expenses, including DNH ground lease; (3) from 1992 to 1997, Terminals 5, 91, and 105 properties in Seattle, and Birmungbara Steel site in Kent, (4) from 1995 to 1999, Terminal 18 expansion (over 35 industrial properties) in Seattle; and (5) in 1992 and 1993, South SeaTac Satellite expansion in SeaTac Citv of SeaTac 281h/241h Avenue S. Arterial Project; from 1996 to 1999, consulting, right-of-way appraisals, special benefits studies, and public hearing activities for over 30 properties affected by $24 million road project. Port of Everett. Riverside Industrial Park, from 1997 to 1998, consulting team with j Trammell Crow Company for the feasibility analysis and site planning for 175-acre marine industrial facility on the Snohomish River, near I-5, with a variety of access issues and sensitive area limitations. City of Kent. S 1961h/2001h and S. 228t11/2241h Street Corridor projects in Kent, from 1992 to 2003, LID special benefits studies and appraisals and condemnation trial work for over 2,000 parcels in Kent Allen Brackett Shedd 42899d f aoc-Copy?fight 0 2013 11 DEBORAH A. FOREMAN (coot.) City of Bellevue. NE loth Street LID #280 in downtown Bellevue; from 1993 to 1996, consulting, special benefits study, and public hearing activities for about 365 properties specially benefited by $19 million road project Hickel Investment Company. University Center Shopping Center in Anchorage, Alaska, in 1991 and 1992, mortgage broker services for owner related to expiration of $20 million loan, including negotiations for new permanent financing and due diligence. Development Services of America Valuation analyses and buy/sell recommendations for: (1) 1991, city block in downtown Omaha, Nebraska, and (2) in 1992, for industrial warehouses, subject to impacts of Free Trade Agreement, in Nogales, Arizona. Equitable Real Estate Investment Management, Inc., Seattle,Washington 1984 to 1990—Senior Investment Analyst,Director-Appi aisal;Designated Broker, Oregon;Associate Broker,Washington Responsibilities in equity and debt transactions in Pacific Northwest Division included: analysis of all proposed and existing real estate investments, acquisitions and sales of investments, supervision and training of production/appraisal staff, and participation in asset management decisions for portfolio accounts Portfolio assets in 1990 totaled approximately $600 milhon in equities, $350 million in debt Investments Responsible for negotiating and closing up to $40 million annually, including coordination of property management, construction, and appraisal personnel. Major transactions included- (1) 1990 earnout acquisitions of Corporate Parks 216/234, $13.0 and $11.5 million industrial projects in Kent, (2) 1990 contiguous industrial redevelopment projects acquired for $11 million total in Beaverton, Oregon; (3) in 1988, $22 million financing of properties in four market areas in Oregon and Washington; (4) sale of six industrial projects in Portland, Oregon in 1987 for $15 million, (5) $22.5 million acquisition of Parkfund Two in 1987 in three market areas in Seattle; and (6) In 1986, $22 million financing of University Center Shopping Center in Anchorage,Alaska Appraisal. Annually supervised the completion of about 75 portfolio valuations and 15 narrative appraisal reports; assisted in sale recommendations; conducted appraisal reviews of annual budgets and monthly updates with finance and property managers. Benarova Portfolio, 1984 $315 million acquisition of 8 million square feet in 98 buildings, industrial, retail, office, and mart portfolio in Oregon and Washington. Lead investment analyst;; prepared investment memorandum for California PERS; coordinated due diligence and closing with joint venture partners Other, Portland, Oregon 1974 to 1984 — Appraiser, Broker, developer and general contractor for small residential subdivisions and property rehabilitation projects Education j Appraisal Institute. Completion of numerous courses over 20+years University of Oregon; 1974; B.A Political Science Professional/Community Affiliations j Appraisal Institute. Associate Editor, "Field Notes, News from Chapter 14 of the AIREA," 1982.1984, Annual Conferences, Chapter 11, committee member with major responsibility for program agenda and speakers, 1986.1993 State Cert.—General Appraiser 27011.1100302 Expiration 03/10/13 WA State Designated Broker 270-06 BR-UC-EC-A060D1 Expiration- Inactive (Hgibed 03/20109) i i Allen Brackett Shedd 42899d f doe-Copyrcgh t©-9013 QUALIFICATIONS MATTHEW C. SLOAN Experience Sensor Associate—Allen Brackett Shedd(formerly Bruce C.Allen &Associates) Involved in the real estate field since April 2000 Appraisal experience includes a wide variety of appraisal assignments, including commercial, industrial and residential seal estate, easements, condemnation, and sensitive properties Appraisal assignments include work throughout the Puget Sound Region, including King,Pierce, Snohomish, and Kitsap Counties Education University of Washington, Seattle, Washington: Commercial Real Estate Certificate, a nine-month interdisciplinary program of specialized subject study including commercial real estate development, valuation,insurance,risk management, and business and real estate law Completed June 2006 City University, Seattle, Washington: Bachelor of Science in Business Administration, emphasis in project management. Completed June 2005. Appraisal Institute/North Seattle Conintuntty College, Seattle, Washington: Completion of various appraisal and other real estate courses required for state licensing and towards MAI designation. Representative Client List: Government City of Federal Way Snohomish County City of Dent Sound Transit City of Redmond Community Transit City of Seattle Port of Seattle City of Leavenworth City of North Bend King County Washington State Department of Transportation Pierce County Seattle Public Schools Private Sector Graham & Dunn Preston Gates &Ellis Foster Pepper CH2M Hill Pharos Corporation LaBonde Land David Evans and Associates Universal Field Services Puget Sound Energy Perteet Engineering Parametrix Overland, Cutler &Pacific State Certification Number—General. 27011-1101655 Expiration- 03/04/14 (Devised 03/05110) Allen Brackett Shedd 48899d f doc-Copyright©-9012 ' 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. 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 ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the 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. •� ® DATE(MMIDONYYY) A�o CERTIFICATE OF LIABILITY INSURANCE 10/24/2012 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 heu of such endorsement(s) PRODUCER 1-425-454-3386 CONTACT NAME Arthur J Gallagher Risk Management Services, Inc. PHONE FAX _LAIC No ExU A/C No P O. BOX 367 E-MAIL ADDRESS Bellevue, WA 98009-0367 ____ INSURERS AFFORDING COVERAGE NAIC• Amanda Bruffett INSURER Hartford Casualty Insurance Company INSURED INSURER 8 Bruce C. Allen 6 Associates A Washington Corporation INSURER 12320 NE 8th St Ste 200 INSURER Bellevue, WA 98005 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 29827355 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 ILTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MM/DD/YYYY MMIDDIYYYY LIMITS ' TR A GENERAL LIABILITY 52SBAVX2197 04/01/1 04/01/13 EACHOCCURRENCE $ 2,000,000 X DAMAGE TO RENTED 300,000 COMMERCIAL GENERAL LIABILITY PREMISES tEa occurrence $ CLAIMS-MADE X-1 OCCUR MED EXP(Any one person) $ 10,000 X Business Owners 2,000,000 PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $ 4,000,000 POLICY PRO JECT LOC $ A AUTOMOBILE LIABILITY 525BAVX219 04/01/1- 04/01/131 COMBINED SINGLE LIMIT 2,000,000 �eccidend _ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED !, BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NOTOSWNED PROP Eden D ERTY AMAGE I $ NO OWNED I $ A UMBRELLA LIAB X OCCUR 52SBAVX2197 04/01/1 04/01/13 EACH OCCURRENCE $ 11000,000 EXCESS LIAB CLAINIS-MADE AGGREGATE $ 11000,000 DED X RETENTION$10,000 $ A WORKERS COMPENSATION 52SBAVX2197 (WA STOP GAP 04/01/13 WCSTATuT X ER AND EMPLOYERS'LIABILITY YIN 04/O1/1 ANY PRCPRIETORIPARTNER/EXECUTIVE❑ NIA EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) EL DISEASE-EA EMPLOYEE! $ 1,000,000 It yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space,s required) Certificate holder is named as additional insured on the General Liability policy per form number SS 0008 04/05. 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 Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS Timothy J Laporte, P.AB. 400 West Gowe AUTHORIZED REPRESENTATIVE Kent, WA 98032 Amanda Bruffett USA ©1988-2010 ACORD CORPORATION All rights reserved ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD krlook 29827355 BUSINESS LIABILITY COV ERAGE 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", (2) "Personal and advertising injury" any partner or member (if you are a arising out of an offense committed partnership or joint venture), or 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 while acting as your real estate manager law, any person is an Insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission Any other person or organization Any person or organization having proper responsible for the conduct of such person is temporary custody of your property if you also an insured, but only with respect to liability arising out of the operation of the equipment,t, 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 properly;and However,no person or organization is an insured (2) Unbl your legal representative has with respect to, been appointed, a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Ole 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, 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 afso an insured, but only with as a named insured does not apply to respect to liability arising out of the operation injury or damage with respect to which an of the watercraft, and only if no other insured under this insurance is also an insurance of any kind is available to that 1 insured under another policy or would be person or organization for Ihis liability I 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 quality 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 or the end of the insureds when you have agreed, in a written policy period,whichever is earlier, and Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (a) 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 Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit except such operations performed However, no such person or organization is an at the vendor's premises in additional insured under this provision if such connection with the sale of the person or organization is included as an product, additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale 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 ! Any person(s)or organization(s) (referred to damage" arising out of the sole 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 vendors j exclusion does not apply to business and only ifthis Coverage Part providesinjury"coverage for "bodilyin u " or (1) The exceptions contained in "property damage" included within the Subparagraphs (d)or (0,or "products-completed operations hazard". (it) 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 p6ison ui oiganizaUon (runt reason of the assumption of liability in a contract or agreement whom you have acquired such products or any ingredient, part or container, This exclusion does not apply to i liability for damages that the entering into, accompanying or vendor would have in the absence containing such products of the contract or agreement b. Lessors Of Equipment 1 person or or m (b) Any express warranty O Any organization from P 9 unauthorized by you- whom you lease equipment, but only with respect to their liability for"bodily (c) Any physical or chemical change in the product made intentionally injury", "property damage' or "personal and advertising injury" by the vendor, caused, in whole or in part, by your j (d) Repackaging, except when maintenance, operation or use of f unpacked solely for the purpose of equipment leased to you by buck inspection, demonstration, testing, person or organization or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container, Page 12 of 24 Form SS 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, if 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 f 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 S. 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 4' apply to Medical Expenses Coverage other insurance to which the additional 9f(\/ b. Waiver Of Rights Of Recovery (Waiver Insured has been added as an 1 Of Subrogation) additional insured 11 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 ail 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 against all those other insurers agreement or permit that was executed prior to the injury or damage Form SS 00 08 04 05 Page 17 of 24 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 Allen Brackett Shedd Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as LID 364 - SE 256t" Street Improvements that was entered into on the March 14, 2013 (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. By: For: X !' Nq t�tQLt ljcll'il Title: f1�ic�Cfi, Date: ! `7 f EEO COMPLIANCE DOCUMENTS - 1 CITY OF (CENT 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 Allen Brackett Shedd Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as LID 364 - SE 256th Street Improvements that was entered into on the March 14, 2013 (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. By:For: ,9 LeA f S/, U Title: f///w+cr�t Date: I I i I I i i EEO COMPLIANCE DOCUMENTS - 1