HomeMy WebLinkAboutPW13-073 - Original - Shearer Design LLC - S 224th Street Bridge/SR 167 Overcrossing Design - 01/29/2013 ti
Records Management -,
KENT
WASHINGTON Document
OWLki
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
Contract Number: P643-0 73
This is assigned by City Clerk's Office
Project Name: S. 224th Street Bridge/SR 167 Overcrossing
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: Date of the Mayor's signature Termination Date: 6/30/14
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.):
Assist with the design of the bridge/overcrossing_._
5•Publlc\RecordsMa nagement\Forms\ContractCover\adcc7832 1 11/08
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KENT
WAS MIM1 GTON
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Shearer Design LLC
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Shearer Design LLC organized under the laws of the State of
Washington, located and doing business at 3613 Phinney Ave. N. #A, Seattle, WA 98103,
Phone: (206) 781-7830/Fax: (206) 281-1751, Contact: David Shearer (hereinafter the
"Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
The Consultant shall continue to design the S. 224`h Street Bridge/SR 167
Overcrossing. For a description, see the Consultant's December 7, 2012 Scope of
Work which is attached as Exhibit A and incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Upon the
effective date of this Agreement, Consultant shall complete the work described in Section I by
June 30, 2014.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Two Hundred Thirty Two Thousand, One Hundred Thirty Eight Dollars
($232,138.00), 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 A.
CONSULTANT SERVICES AGREEMENT - 1
(Over$10,000)
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
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
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
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
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
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
CONSULTANT SERVICES AGREEMENT - 4
(Over$10,000)
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
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:
9 By: By:
(sign ature) rrff L�12�1� (signature)
Print Name: Q,GU10 Sr ' P in a e: Suzette Cooke
Its C)L6/j errL Its Moor
(title)
DATE: 713 DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
David Shearer Timothy J. LaPorte, P.E.
Shearer Design LLC City of Kent
3613 Phinney Ave. N. #A 220 Fourth Avenue South
Seattle, WA 98103 Kent, WA 98032
(206) 781-7830 (telephone) (253) 856-5500 (telephone)
(206) 281-1751 (facsimile) (253) 856-6500 (facsimile)
APPRO ED AST FORM•
Kent Law Department
Shearer-22e 3/Inouye
CONSULTANT SERVICES AGREEMENT - 5
(Over$10,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The followingquestions specifically identify the requirements the City deems necessary for any
G P Y Y q
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 7 day of Vie/JuZlrt-4 , 201 .
By: 1)PV Io 21��'-
For: �At�t ,-A\,
Title: PUS -
Date:
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of , 20
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT A
�■ SHEARER DESIGN LLC.
SHEARER DESIGN LLe 6ridcicPesign,CactructionEgmcringlrfrastrjcturcAesthtics
3613 Phlnney Ave N #A
Seattle,WA 98103
(206)781-7830
December 7,2012
City of Kent Public Works
220 Fourth Ave S
Kent,WA 98032-5895
Attn Chad Bieren, P E & Garrett Inouye P E
RE S 224th Street Bridge/SR-167 Overcrossing, Design and Bid Document Preparation
(Project No 99-3003)
Dear Mr Inouye
We will be pleased to assist the City with the continued design South 224 Street Bridge Our
work will pick up from the previous design effort We will revise the plans accordingly We
appreciate the opportunity to work with the City of Kent again Based on our discussions we
understand our scope of work will be as follows
PROJECT DESCRIPTION
The project involves design of a new overcrossing structure that will carry S 2241h street over SR-
167 and 881h Ave S The bridge is located in the City of Kent between the S 2121h Street and
Central Avenue exits on the Valley Freeway(SR167)
PROJECT OBJECTIVES
The goal of the "S 224th Street Bridge/SR-167 Overcrossing " is to construct a new overcrossing
for S224th Street over SR-167 to enhance mobility in the City of Kent This contract is intended
to
• Provide engineering services for the design of the new bridge and wall structures
• Prepare contract bid documents for the project
• Assist the City in interfacing with the WSDOT "Developer Services" section and with
environmental permit development
PROJECT TEAM
The project team is made up of the following firms
Owner City of Kent
Prime Consultant SHEARER DESIGNLLC
Structural Engineering SHEARER DESIGNLLC
Roadway Design City of Kent
Drainage & Utility Design City of Kent
Permit Assistance Widener and Associates
Geotechnical Engineering Geo Engineers contract thru City of Kent
11SHEARERSERVERID-DriveIADMIN1Job Contracts\C-0177 Kent S 224th1WP10177 Scope Letter Restart doex
■■ SHEARER DESIGN i_i_c.
SHEARER DESIGN ue Prd t7esap,ConstuctionEngineernglnfraS;n,ctureAes-htics
3613 Phinney Ave N #A
Seattle,WA 98103
(206)781-7830
SCOPE OF WORK
The protect will be divided in to tasks as described and listed below
Task 1 Design Review Report
We understand the City may have a separate "Value engineering" study performed on the project,
and our role will be to provide information and give a presentation to the VE team
Included in this task will be
• Supply 30% plans
• Provide information to VE team
Task 2 Plans, Specification and Estimate (PS&E)
This task will include design and preparation of the bridge PS&E documents The main focus of
this task will be the structural engineering, specifications, engineers estimate and drawings for the
new South 224`h Street bridge, and the 881h Ave S overcrossings These Items are to be included
in the final bid package with other roadway and utility items As required SHEARER DESIGN will
complete the required elements of the bid package and stamp the appropriate plan sheets and
specifications
Included in this effort will be
• Structural engineering and analysis as required
• Plan sheets for the complete structure including the foundation, wing walls, abutments,
main girders, center piers, barriers, utility hangers
• Specifications to include GSP's, amendments &technical specifications as required
• Bid item list and descriptions
• Engineers estimate
Deliverables
• Review 30 Percent PS&E Submittal Schematic drawings of bridge
• 60 Percent PS&E Submittal Updated drawings and cost estimates following City review
of the 30 percent submittal Provide preliminary specifications list
• 90 Percent PS&E Submittal Updated drawings and cost estimates following City review
of the 60 percent submittal Provide draft bid items &specification
• 100 Percent PS&E Submittals Final structural, plans, specifications and cost estimate
Task 3 Geotechnical Analysis
We understand the geotechnical analysis and foundation recommendations will be prepared by,
GEO Engineers Inc. working under separate contract to the City of Kent Our work in this task
will be to assist in developing a geotechnical exploration program and review the field data for
use in the structural design
Included in this Task will be
Review of site geotechnical investigation and geological data
11SHEARERSERVERID-DriveIADMIN1Job ContractslC-0177 Kent S 2241h1WP10177 Scope Letter Restart docx
r r1
��tt
�� SHEARER DESIGN L.L.C.SHEARER DESIGN ue IN0' Prdge 17esicrl,Con"CtrEngineennq,nfrasncGreAes litcs
3613 Phinney Ave N #A
Seattle,WA 98103
(206)781-7830
Task 4 Permits
This task will Include support and coordination assistance to work with the City staff to help obtain
the necessary permits for the project The City of Kent staff will prepare and submit all required
permits Together with our sub consultant Widener & Associates we will work with the City to
develop a permit strategy and help to ensure both the WSDOT and Environmental permits are
sequenced on the project critical path We suggest this task will be carried out thru a series of
planning and coordination meetings at the City or WSDOT offices
Potential WSDOT permits will be
• General Construction
• Air Lease Management
• Maintenance Agreement
• Ground Easement
Limited Access
• Deviation
• Maintenance of traffic
Deliverables
• Graphics as needed for individual permits
Task 5 SEW Walls (PS&E)
This task will include design and preparation of the protect structural earth walls (SEW) The main
focus of this task will be the layout and design for the approach wall systems As required
SHEARER DESIGN will complete the required elements of the bid package and stamp the
appropriate plan sheets and specifications
Included in this effort will be
• Wall type cost comparison
• Engineering and analysis as required
• Plan sheets for the complete SEW walls, utility penetrations and sidewalk details
• Specifications to Include GSP's, amendments &technical specifications as required
• Bid item list and descriptions
Deliverables
• Revived 30 Percent Schematic drawings of SEW walls
• 60 Percent PS&E Submittal Updated drawings and cost estimates following City review
of the 30 percent submittal Provide preliminary specification
• 90 Percent PS&E Submittal Updated drawings and cost estimates following City review
of the 60 percent submittal Provide draft bid items &specification
• 100 Percent PS&E Submittals Finalize structural, plans, specifications and cost
estimate
Task 6: Project Administration
This task will cover the general project coordination & administration requirements for the
contract The invoicing and prime and sub consultant agreements will be prepared under the City
of Kent guidelines with the required exhibits for billing rates and overhead markups
Included in this Task will be
11SH EAR ERSERVERtD-Drive\ADMINtJob ContraclslC-0177 Kent S 224th1WP10177 Scope Letter Restart docx
�� SHEARER DESIGN LLC.
SHEARER DESIGN ue I.l. Priaoene5icrCon5trud[on engiw--r nq nfrast ctureAesthsics
3613 Phinney Ave N #A
Seattle,WA 98103
(206)781-7830
Scheduling
Sub consultant coordination and agreements
Invoicing
Team Meetings
Assumptions&Other Items
Drafting
SHEARER DESIGN Will provide all drafting on the structural sheets to match the Public Works
format as required All drawings will be prepared in AUTO CAD 2012 file format The City will
furnish all standard drawings, cover sheet and miscellaneous items as required Full size
stamped bond and electronic files provided to the City
Word processing
The City will assemble the final bid package
SHEARER DESIGN will provide to the City all specifications, GSP's and other items in a WORD
2010 file format for inclusion with the bid documents
Items furnished by the City:
Survey of the bridge site (AutoCAD 2010 base map file 2'contours)
Right of way identification
Wetland delineation
Foundation Report
Utility input
Please see the enclosed spread sheet for a summary of our estimated cost & hours for this
proposal
Thanks again for considering SHEARER DESIGN to assist the City with this interesting project If
you have any questions or would like additional information please feel free to call
Sincerely,
DAVID R SHEARERS E
SHEARER DESIGN
15SHEARERSERVERID-DriveIADMIN1Job ContractslC-0177 Kent S 2241h1WP10177 Scope Letter Restart docx
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CERTIFICATE OF LIABILITY INSURANCE DATE IYYYY)
01121/2012013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed If SUBROGATION IS WAIVED, subject to
the terms and Conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsements)
PRCOUCER Phone (360)5983/O0Fax (360)596-3/03 CONTACT MICHAEL J.HALL&COMPANY
MICHAEL J HALL&COMPANY PR
NA)&E—J FAx
HALL&COMPANY (AIM,E I (360)598.3700 ac Nm (360)598.3703
E-MAIL
19660 10TH AVENUE N.E. AD Es
POULSBO WA 98370 INSURER(S) AFFORDING COVERAGE NA[C8
INSURER Navigators Insurance Company 42307
INSURED INSURERS Hartford Casualty Insurance Co. 29424
Shearer Design LLC
3613 Phmney Ave N#A INSURER
Seattle WA 98103 INSURER
INSURER E
INSURERF
COVERAGES CERTIFICATE NUMBER. 177525 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 I3LEN REDUCED BY PAID CLAIMS
INSR TYPE OF INSURANCE ADDL SUER' POLICY EFF POLICY E%P
TT SR POLICY NUMBER (MMID LIMITS
B GENERAL LIABILITY 52SBAIJ6671 02109113 02109/14 EACH OCCURRENCE $ 2,000,000
MTA� ToRENTED
X COMMERCIAL GENERAL LIABILITY PREMISES Es oocersica $ 300,000
CLAIMS MADE OCCUR MED EXP(Anyonoperwn) $ 10,000
X OCP,XCU,BFPD PERS ONAL&ADV I NJ URY $ 2,00D,ODO
X Separation of Insured GENERAL AGGRFGATE $ 4,000,000
GEN'L AGGREGATE LIMIT APPLIES PER, PRUOUC FS-COMPIOP AGG s 4,000,D00
POLICY X j LOG $
B AUTOMOBILE LIABILITY 528BAIJ6571 02109/13 02MO114 COMBINED SINGLE LIMIT 2,000,000
Ea.code.') $
ANYAUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED
AUTOS AUTOS BODII YINJURY( )
Per accident) $
X HIREDAUTOS X 'NON-OWNED PROPFRND IAGE $
AUTOS (a,aalden0
a
UMBRELLA LIAO IOCCUR EACH OCCURRENCE $
EXCESS LuIB CLAIMS MADE AGGRFGATE $
DED I RETENTION$ I $
WORKERS COMPENSATION WC STAT -
g 62SBAIJ6571 02109113 02l09/14 TORY LIMITS ER $ WA Stop Gap
AND EMPLOYERS' LIABILITY $ 1,000,000
ANY PROPRIETORIPACLUDEE%ECVTNE YIN EL EACH ACCIDENT
(M ncEfUMEMBER el(cLUDE07 EL DISEASE EA EMPLOYEE $ 1,000,000
N!A
(Menddncdtn andNII) _
Ryes DESCRIPTION
under EL DISEASE POLICY LIMIT
DESGRIPTION OF OPERATtON55elax $ 1,000,000
A ProfesslonalUablllty ClslmsMadBForm13 CM13DPLO116201V 01111113 01/11114 $1,000,000 Per Claim
$2,000,000 Aggregate
DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more apace la required)
Project:.224th Street Bridge/611167 Overcrossing
The City of Kent Is an Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or
agreement regarding activities 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
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 REPRESENTATIVE
Attention: Nancy Yoshitkae
Chris Engstrom
ACORD 25(2010/06) 01 8-2 10 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
1
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", (2) "personal and advertising injury"
any partner or member(if you are arising out of an offense committed
a 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"), o an organization our name under any motor vehicle registration
valuntee r ), r y g Y
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
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. I 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.
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
such person is also an insured, but only with
subsidiary not shown in the Declarations
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 tf 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 orgenization(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
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
However, no such person or organization Is an at the vendor's premises in
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 (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
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
"bodily injury" or "property damage" arising own acts or omissions or those out of "your products" which are distributed its employees or anyone else
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 excepfions contained in
"property damage" included within the Subparagraphs(d)or(0, 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
obligated to pay damages by (2) This Insurance does not apply to any
insured person or organization from
reason of the assumption of
l whom you have acquired such products,
liability in a contract or 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 have in 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
in the product made intentionally o property damage' or
"personal and advertising injury'
by the vendor; caused, in whole or in part, by your
(d) Repackaging, except when maintenance, 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 manufacturer,
and then repackaged in the
original container,
Page 12 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAOE 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 a 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; (c) 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. (j) 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 (ij) 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 or 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, surreys, 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 You
we will pay regardless of the number of. Limit is the most Liability Coverage fp war will pay under Business
iness
r 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 all 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 6. How 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 organization 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, written 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 shall 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
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 (3) Cooperate with us in the investigation,
limit set forth in Paragraph 3,above, 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
of determining the Limas of Insurance. d. Obligations At The Insured's Own Cost
E. LIABILITY AND MEDICAL EXPENSES No Ensured will, except at that insured's own
cost, voluntarily make a payment,, 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. E
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 clam 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 us as 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
C r
y u
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. 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 fail 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.
b. With respect to "mobile equipment" to a other valid and collectible insurance is
which this insurance applies, we will available fora loss we cover under this
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. We 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.
this Coverage Form, below.
a. To join us as a party or otherwise bring us b. Excess Insurance
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 slm liar 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
this insurance or that are in excess of the That is fire, lightning explosion
applicable limit of insurance An agreed insurance far premises rented you
settlement means a settlement and release of or temporarily occupied by youu with
liability signed by us, the insured and the permission of the owner,
claimant or the claimant's legal representative. (3) Tenant Liability
5. Separation Of Insureds That Is insurance purchased by you to
n` Except with respect to the limits of insurance, cover your liability as a tenant for
and any rights or duties specifically assigned to"property damage" to premises rented
in this policy to the first Named Insured, this you temporarily occupied by you
w
Insurance applies. (4)
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.—
representations you mach to us;and
Coverages.
Page 16 of 24 Form SS 00 08 04 05
" R
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, 9 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 insurers 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
have no duty under this Coverage Part to recovery against any person or
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 entriled 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 88 00 08 04 05 Page 17 of 24
KENT
Aa5H1AGi ON Agenda Item: Consent Calendar - 7T
TO: City Council
DATE: December 11, 2012
SUBJECT: So. 224th Street Extension Contract - Authorize
MOTION: Authorize the Mayor to sign a consultant service agreement with
Shearer Design LLC for design and permitting of the South 224th Street/SR 167
Bridge in an amount not to exceed $232,138, subject to final terms and conditions
acceptable to the City Attorney and the Public Works Director.
SUMMARY: The Council adopted the findings, conclusions, and recommendations
from the Board of Equalization (PW Committee) for Local Improvement District (LID)
No. 363 on October 16, 2012. In addition, the City was successful in obtaining a
$5 million grant from the Washington State Transportation Improvement Board (TIB)
for the project The Project will extend S. 224th Street near East Valley Highway to
Benson Road. This includes a bridge over SR 167 and 88th Avenue S. The Consultant
will provide structural engineering services for the design of the new bridge and wall
structures. This includes the preparation of the plans, specifications and estimate
(PS&E) for the SR 167 Bridge The Consultant will also assist in obtaining Washington
State Department of Transportation (WSDOT) and Environmental permits to construct
the project.
EXHIBITS: None
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: Payment for the work will be funded through bonds sold for LID
No. 363 and through the TIB grant.
Yoshitake, Nancy
From: Hills, Chris
Sent: Tuesday, September 18, 2012 7 51 AM
To: Yoshitake, Nancy
Subject: RE Certificate - City of Kent
Yes, Nancy, this will be fine. Hartford (and Travelers) takes a different approach than most other insurers. As
you know,the lack of consistency in the insurance industry is one of the difficulties we face when trying to get
the City named.
Thanks,
Chris
From: Yoshitake, Nancy
Sent: Monday, September 17, 2012 2:38 PM
To: Hills, Chris
Subject: FW: Certificate - City of Kent
Chris - I tried to follow up on having the blanket endorsement reference the policy numbers, as
well as an endorsement for auto. I talked with Susan and she had me so confused that she sent
me the explanation listed below.
Will the documents provided work for the contract we are trying to execute for Shearer Design.
Thanks for your help,
Nancy
From: Susan Stucks [mailto:sstucksphallandcompany.comj
Sent: Monday, September 17, 2012 1:24 PM
To: Yoshitake, Nancy
Subject: Certificate - City of Kent
Insured• SHEARER DESIGN
Company: Hartford Casualty Insurance Co.
Policy Number 52SBAIJ6571
Policy Period. FEB 9 2012 To FEB 9 2013
Hi Nancy.
This is a follow up to our conversation with respect to the policy endorsements accompanying the
certificate confirming the coverage stated on the certificate
Companies are now more frequently writing policies to meet the specific needs of various
professions. In this case, it is written on a business owners policy (BOP) for Architects, Engineers and
Design Professionals
The companies typically wrap the standard contract requirements into a Blanket Endorsement for
General Liability, Non- Owned and Hired Auto and Employers Liability. These endorsement
1
Include Additional Insured status On a Primary and Non-Contributory basis and includes Waiver of
Subrogation .
Hartford polices include the coverage in pages 11-17 of the 27 pages of the coverage section of the
policy. Form SS 00 08 04 05.
Since this type of endorsement is written as a part of the policy, it will not have an insureds name or
the policy number on the endorsement that information is on the Declarations Policy of the Policy.
I have attached an FAQ page from our web-site which goes into a little further detail. I hope this
information helps you and please contact our office if you have further questions
Thank you and have a nice day.
Susan Stucks
Customer Service Agent
Certificate of Insurance Department
Phone 360-598 5032
Email certificates@hallandcompany.com
*Important Announcement! Please request Certificates at:
(http•//www.hallandcomg)any.com/certificate.Php)
2
�� REQUEST FOR MAYOR'S SIGNATURE
KENT Please Fill in All Applicable Boxes
• ed by Director
sio ineerin /D i n Extenn Originator's Name: Garrett Inoue Dept/Div. En 5548
Date Sent: Date Required: i
Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 6/30/14
VENDOR: Shearer Design LLC DATE OF COUNCIL APPROVAL: 12/11/12
ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable
Brief Explanation of Document:
The attached agreement is for Shearer Design to continue to design the S. 224th Street
Bridge/SR 167 Overcrossing. For additional information, see the attached Council
motion sheet.
All Contracts Must Be Routed Through The Law Department
RECEIVED,is area to be completed by the Law Department)
Received: JQN 2 $ 2013
Approval of Law Dept.: jU�
KENT LAW DEPT. /ws�,InVr
Law Dept. Comments: CEIVED
LN 29
Date Forwarded to Mayor: Zli 2� City of Kent
Shaded Areas To Be Completed By Administration Staff
Received: RECEIVED
Recommendations and Comments: ;YfyyS'
JAN 2 9 Z013
Disposition: //�/3
CfTYOF
cinr
Date Returned: