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PW13-132 - Original - Otak, Inc. - Briscoe Levee Landscape Restoration Concept - 05/24/2013
.,1. Records Manageme .'t ��,KcNO Document �/'�I.9HINGTGH CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Otak, Inc. Vendor Number: JD Edwards Number Contract Number: pol3- 139, This is assigned by City Clerk's Office Project Name: Briscoe Levee Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: S-2y 13 Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/13 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ken Langholz Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): The Consultant shall_prepare a landscape restoration concept for the Briscoe levee. C yy S:Pub IIc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 �6 � KENT WASHINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Otak, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Otak, Inc. organized under the laws of the State of Washington, located and doing business at 10230 NE Points Dr., Suite 400, Kirkland, WA 98033, Phone: (425) 822-4446/Fax: (425) 827-9577, Contact: Chad Weiser (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall prepare a landscape restoration concept for the Briscoe Levee. For a description, see the Consultant's 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 December 31, 2013. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Four Thousand, Seven Hundred Fifty Dollars ($24,750.00), 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 B. 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 C 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. CONS LTANT: CITY OF KENT: By:By (signature) L (signature) Print Name: "e 2 o T N me Suzette Cooke Its Ma or (trtl ) DATE: /¢ I �_ DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Chad Weiser Timothy ]. LaPorte, P.E. Otak, Inc. City of Kent 10230 NE Points Dr., Suite 400 220 Fourth Avenue South Kirkland, WA 98033 Kent, WA 98032 (425) 822-4446 (telephone) (253) 856-5500 (telephone) (425) 827-9577 (facsimile) (253) 856-6500 (facsimile) APP OVED A TO RM: UW KenT Law Department Otak-Briscoe Levee/LanghQIZ 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 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 signinLelow, ee to fulfill the five requirements referenced above. Dated thd y of , 20—• By: For: �Y�C Title: h Date: 3 141113 T— 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 120 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Exhibit "A" Scope of Work May 8, 2013 Briscoe/Desimone Levee Improvements Landscape Architecture Purpose The City of Kent in collaboration with the King County Flood Control District have received funding for improvements and repairs to the Briscoe/Desitnone Levee. This levee was identified as a levee along the Green River requiring upgrades to meet levee certification and avoid a future failure which would cause tremendous disruption to major employers in the Kent Valley.The City of Kent has made a request for Otak to provide landscape architectural services for the project to address landscape restoration/rrutiganon requirements along the Green River shoreline,while taking into account recreational considerations associated with park and trail spaces along the corridor and the permitting requirements of the Washington Department of Fish&Wildlife (WDFW) 'These considerations include shoreline habitat restoration,plant diversity,view corridors, safety, maintenance,river access, and other recreational sensitivities. The project involves repair of 4,000 LF of levee with landscape restoration being a part of nearly the full length being improved The project is expected to be bid in two phases with the landscape work in Reach 3 being the first phase and Reaches 1 &2 in the second phase. Scope of Work Task 1 .0 Landscape Concept Development Otak will prepare one (1) landscape restoration concept for the three Reach areas based on previous design work of the City of Kent. The draft concept will be reviewed by the City of Kent and for discussion and negotiation with the WDFW The landscape concept will include plan view graphics and cross-sections of the Green River shoiehne to the proposed levee wall and two perspective sketches of the proposed design after maturity of vegetation. Otak will prepare a Sketch-Up model of a portion of the proposed design to capture perspective views desired by the City. In addition to the restoration concept plan, Otak will develop a concept for minor improvements to the S. 190'h Street ttailhead access parking lot. This concept will include seating,picnic table locations, and mteipreuve sign locations. d discussion with WDFW a final refined restoration Upon review an cuss approach will be prepared for development into construction documents. Otak will finalize a landscape concept graphic for City communication purposes prior to development of construction documents. It is assumed this task will include up to two (2) meetings with City staff and agency representatives. Deliverables: One (1)Draft Landscape Restoration Concept Aw/.Sitppar*uzg Graphics One (1) Concept Plan for S. 190"Street Trailhead City of Kent— BriscoelDesimone Levee Improvements i otak cADocwaents and sethngslk1angho1z\Loca1 Settings\Temporary Internet Files\Content.Outlo ok\XU980U86\B riscoeDesimoneLeveeScopeOfWork050813.docx Scope of Work Continued One (1)Final Landscape Restoration Concept w/Sipponing Graphics Task 2.0 Phase l Landscape Restoration Construction Documents Otak will prepare construction documents for Reach 3 landscape restoration areas and the South 190' Street trailhead. The construction documents will include landscape restoration plans, tratlhead landscape plan,landscape detail drawings,and WSDOT Supplemental Specifications. A 90% draft set of constructton documents will be provided to the City for review and comment. This package would also be submitted to`YtDFW for review and approval. Otak will then address City and/or WDFW comments on the 90%package and prepare final construction documents for inclusion with the overall levee construction drawings. Otak will also prepare a construction cost estimate for landscape restoration elements. It is assumed this task will include up to two (2) meetings with City staff and agency representatives. Deliverables: 90%Set of Landscape Restoration Construction Document; 100%Set of Landscape Restoration Construction Documents 100% Construction Coft Esllmate Task 3.0 Phase 2 Landscape Restoration Construction Documents Otak will prepare construction documents for Reaches 1 and 2 landscape restoration areas. The construction documents will include landscape restoration plans,landscape detail drawings,and WSDOT Supplemental Specifications.A 90% draft set of consttuction documents will be provided to the City for review and comment. This package would also be submitted to WDFW for review and approval Otak will then address City and/or WDFW comments on the 90%package and prepare final construction documents for inclusion with the overall levee construction drawings. Otak will also prepare a construction cost estimate for landscape restoration elements. It is assumed this task will include up to two (2) meetings with City staff and agency representatives. Deliverables: 90?10 Set of Landscape Restoration Construction Documents 100%Set of Landscape Restoration Construction Documents 100% Construction Cost Estimate Total Time and Materials Budget Allowance (NTE) $24,750 Compensation As compensation for the performance of the services described above, Otak will be reimbursed by City of Kent on a tune and materials basis In house reimbuisable expenses for all tasks will be invoiced on a cost plus ten percent(10%) basis. Any out-of-house direct costs will be invoiced at cost plus ten percent(10%) An hourly rate schedule for each anticipated labor category has been attached as tefeience. Invoices will be sent monthly in a format acceptable to the Client. Otak agrees to inform the Client if the Scope of Work extends beyond that which is currently contracted prior to performing the work. Otak will require wutten approval before completing wo rk in addition to the estimated time and City of Kent— Briscoe/Desiinone Levee Improvements 2 ctak c Mocuments and settmgs\ktangholz\Local Settings\Temporary Internet Files\Content.Outlook\XIJ980U86\BriscoeDesimoneLeveeScopeOf Work050813.doex I I I Scope of Work Continued materials allowance presented in this proposal. i Schedule We will work with the City of Kent to establish submittal dates on a task-by-task basis. It is understood that Tasks 1.0 and 2 0 are expected to be on an expedited schedule to allow for bidding of Phase 1 in the next two months. It is expected that consulting services will be completed by August 31,2013. Assumptions This proposal and Otak's agreement to perform said services is based upon the following assumptions, 1. The Client shall furnish basic information, prepared or obtained by others,which is pertinent to the services contained in this proposal including available topographic maps i and site plans depicting locations of Green River ordinary high water mark, Green River trail, proposed levee wall,and South 190s' Street trailhead features.This data will be provided in an AutoCad format version 2010 or more current. 2. The Client shall be primary liaison with WDPW with Otak providing support. 3. The Client will coordinate and obtain all necessary permits from any agencies with lurisdiction. 4. The Client will provide geotechnical information and soil sample tests to guide understanding of existing soil conditions. 5. The Client shall provide access and make all provisions necessary to enter public and private property as required to perform services covered by this proposal. 6. The project does not include design of any peimanent irrigation, but will include a performance specification for contractor provided temporary irrigation. 7. landscape restoration diawmgs will be packaged into two separate construction document packages (ie. Phase 1 and 2). 8. Only one review of construction documents in Tasks 2.0 and 3 0 are assumed with this scope of work. City of Kent—Briscoe/Desimone Levee Improvements 3 otak c Toouments and setlmgsWunghotdLoaal Settings\Temporary Internet Files\Content.Outlook\XU 980U86\BriscoeDesimoneLeveeScopeOfW ork050813.docx I Exhibit B Otak,Inc. Bill Rate Schedule Bill Rates Sr PIC/Sr PM Civil $198 PIC/Sr PM Civil $184 Civil Fnlnn[er X $169 Civil Engineer IX $159 Civil Ingineer VIII $145 Civil I,,nginccr V II $135 Civil Engineer VI $126 Civil Engineer V $119 Coil I.ngincer IV $108 Civil Fngincer,111 $102 Civil Engineer II $90 Civil Engineer I $83 EngineeringDesigncr IV $95 I;n}nncering Dc,igner III $83 Lnlhnecring Designer II $78 1�ngniccnng Designer I $69 LngineeringTech VI $107 Enginccring'Iech V $94 Fngmccnng'leeh IV $82 Engineering Tech Ill $72 Fngineermg Tech II $64 Engineering Tech I $56 PIC/Sr PM LA/Master Plan $159 Landscape Architect $115 Landscape Architect IV $105 Landscape Architect III $100 Landscape I echmcian III $74 Landscape Iechnican 11 $69 Landscape Technician I $62 Urban Designer V $159 Urban Designer IV $140 Urban Designer II $111 Sr Prol Mgr -Planner I $149 Planner III $123 Planner 11 $97 Planner I $79 Planner Associate III $10 Planner Associate II $63 Planner Associate I $61 Sr GIS Specialist Planner $89 Scientist IV $123 Scientist III $112 Scientist II $75 SacnnstI $62 N\project\32200\32282\Contract\kent-rate schedule-050813 xlsx 5/8/2013 Otak,Inc.Bill Rate Schedule Bin Rates PIC/PLS-Sr Manager $195 PLS Sr Manager $138 Sr PLS $103 Professional Land Surveyor $88 SnrvCV 1'echnieian $86 Sry 1ch It,Sr Pld Pr Chief $74 Sr Meld Survey Iech II $67 Sr Field Survey Tech I $60 Meld Survey Tech $54 Contract Admm $81 Protect Admm Asst $68 All other direct costs and subconsultants will be charged at cost plus ten percent(10%) K\protect\32200\32282\Contract\kent-rate schedule-050813 xisx 5/8/2013 EXHIBIT C INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS Insurance The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $5,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $5,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. The City, King County and the King County Flood Control District shall be named as an Additional Insureds under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City, the District and the County. All endorsements adding Additional Insureds shall be issued on form CG 20 10 11 85 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section. 2. 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. + EXHIBIT C (Continued) B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with minimum limits of $5,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $5,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of at least $2,000,000 per accident. 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: 1. The Contractor'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 Contractor's insurance and shall not contribute with it. 2. The Contractor'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, King County Flood District and King County shall be named as an additional insureds on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor 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 Contractor'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. EXHIBIT B (Continued) D. Contractor's Insurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. G. Verification of Coverage Contractor 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 Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. Subcontractors Contractor 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 Contractor. DATE(Mw CERTIFICATE OF LIABILITY INSURANCE 5/14/20113) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER CONTACT Peggy MacMillan JD Fulwller & Co. Insurance, Inc. PHOC.NE (503)293-8325 ac o (503)293-5418 5727 SW Macadam Ave AIL ADDRESSpmacmillan@7dfulwiler.com PO BOX 69508 INSURERS AFFORDING COVERAGE NAIC# Portland OR 97239 INSURER Travelers 19046 INSURED INSURER B Salf Corporation Otak Inc. INSURERcBeazley Insurance Company Inc PO BOX 1379 INSURER D INSURER E Lake Oswego OR 97035 INSURER COVERAGES CERTIFICATE NUMBER:12/13 Standard 13/14 WC REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADDLSUB EXP TYPE OF INSURANCE POLICY NUMBER MM DIDYIYYYY MM/DD EPP Y/YWY LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAX COMMERCIAL GENERAL LIABILITY PREM T RENTED PREMISES Ea occurrence $ 300,000 A = CLAIMS-MADE X� OCCUR 6801497P251 2/9/2012 12/9/2013 M ED EXP(Any one person) $ 5,000 X Washington Stop Gap PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN L AGGREGATE LIMITAPPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO X I $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED 1502PB92 12/9/2012 12/9/2013 AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AU70S Per accident Towinq S 4EXCESS MBRELLA LIAR X OCCUR EACH OCCURRENCE $ 10,000,000 A LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 ED X RETENTION$ 10,00 K06503827 2/9/2012 12/9/2013 $ B WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY .I I N MI ANY PRCPRIETCR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) 87431 /1/2013 4/1/2014 E L DISEASE-EA EMPLOYE $ 1 000 000 If yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT 3 1 000 000 C Professional LiabilityJ L67120401 12/9/2012 12/9/2013 Limit per Claim/Aggregate $2M/$2M Claims-Made Form Deductible per claim $200,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Re Briscoe Levee. City of Kent, King County Flood Control Zone District and King County are added as additional insureds as respects operations of the named insured in accordance with the policy terms, conditions & exclusions Per attached Liability form CGD381 0907 and CAT437 0808 and CAT0001 0306 Auto form providing Additional Insured, Primary Non-contributory coverage Cancelation conditions per attached form IL0279 09 08 CERTIFICATE HOLDER CANCELLATION nyoshxtake@kentwa.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent Engineering ACCORDANCE WITH THE POLICY PROVISIONS Nancy Yoshatake 400 West Gowe AUTHORIZED REPRESENTATIVE Kent, WA 98032 Peggy MacMillan/CATHY �.-.+�,�q( e1� 1 25(2010105) ©1988-2010 ACORD CORPORATION All rights reserved. NS02S nni nnsl ni Th.A(tr)Rr1 namn and Innn arc rani¢fnrnd marLc of Arnio 1 Additional Named Insureds Other Named Insureds HLB Otak Inc., an Oregon Corporation Otak Architects Inc , an Oregon Corporation Otak Engineering, Inc., an Oregon Corporation Otak International (Caymen Islands) Otak Iraq, LLC Otak Nevada, LLC, an Oregon Limited Liability Cc Otak, Inc. 401K Employee Savings Plan Otak, Inc , a Colorado Corporation Otak, Inc , an Washington Corporation OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC 6801497P251 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section III) for this Coverage (Section II): Part Any person or organization that you agree in a B. The following is added to Paragraph a. of 4. "contract or agreement requiring Insurance" to in- Other Insurance in COMMERCIAL GENERAL clude as an additional insured on this Coverage LIABILITY CONDITIONS(Section IV): Part, but only with respect to liability for"bodily in- However, if you specifically agree in a"contract or jury", 'property damage" or "personal injury" agreement requiring Insurance"that the insurance caused, in whole or in part, by your acts or omis- provided to an additional Insured under this Cov- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf, primary and non-contributory basis, this Insurance a. In the performance of your ongoing opera- is primary to other insurance that is available to tions, such additional Insured which covers such addi- b. In connection with premises owned by or tional insured as a named Insured,and we well not rented to you,or share with the other insurance, provided that c. In connection with "your work" and included (1) The "bodily injury" or 'property damage" for within the 'products-completed operations which coverage is sought occurs,and hazard". (2) The 'personal injury" for which coverage is Such person or organization does not qualify as sought arises out of an offense committed, an additional insured for "bodily injury", "property after you have entered Into that "contract or damage" or 'personal injury" for which that per- agreement requiring insurance" But this insur- son or organization has assumed liability in a con- ance still is excess over valid and collectible other tract or agreement Insurance, whether primary, excess, contingent or The insurance provided to such additional Insured on any other basis, that is available to the insured is limited as follows when the insured is an additional Insured under d. This Insurance does not apply on any basis to any other Insurance any person or organization for which cover- C. The following is added to Paragraph 8. Transfer age as an additional insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part. DITIONS(Section IV): e. This insurance does not apply to the render- We waive any rights of recovery we may have Ing of or failure to render any "professional against any person or organization because of services" payments we make for "bodily injury", 'property f. The limits of insurance afforded to the addi- damage" or "personal injury" arising out of "your tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that "contract or agreement requir- a"contract or agreement requiring insurance"with ing insurance" to provide for that additional that person or organization We waive these insured, or the limits shown in the Declare- rights only where you have agreed to do so as bons for this Coverage Part, whichever are part of the"contract or agreement requiring insur- less This endorsement does not increase the ance" with such person or organization entered limits of insurance stated in the LIMITS OF into by you befoia, and in effect when, the "bodily CG D3 81 09 07 ®2007 The Travelers Companies,Inc Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc,with its permission COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- erage Part, provided that the "bodily Injury" and sonal injury"offense is committed "property damage" occurs, and the "personal in- D. The following definition is added to DEFINITIONS jury" is caused by an offense committed (Section V): a. After you have entered Into that contract or "Contract or agreement requiring insurance" agreement, means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to include a person or in effect, and organization as an additional insured on this Cov- c. Before the end of the policy period Page 2 of 2 O 2007 The Travelers companies,Inc, CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc,with Its permission BA1502P892 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse- a written contract or agreement that is signed and ment, the provisions of the Coverage Form apply executed by you before the"bodily injury" or"property unless modified by the endorsement damage" occurs and that is in effect during the policy The following is added to the Section II — Liability period is an "insured" for Liability Coverage, but only Coverage, Paragraph A.1. Who Is An Insured Pro- for damages to which this insurance applies and only to the extent that person or organization qualifies as vision. an "insured" under the Who Is An Insured provision Any person or organization that you are required to contained in Section II include as additional insured on the Coverage Form in a y�nry ©a.�r 00 a^ tl� hrr""w� CA T4 37 08 08 ®2008 The Travelers Companies,Inc Page 1 of 1 000904 BA1502P892 COMMERCIAL AUTO BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. SECTION I—COVERED AUTOS Read the entire policy carefully to determine rights, Item Two of the Declarations shows the "autos" that duties and what is and is not covered are covered "autos" for each of your coverages The Throughout this policy the words "you" and "your" re- following numerical symbols describe the "autos" that fer to the Named Insured shown in the Declarations may be covered "autos" The symbols entered next to The words "we", "us" and "our" refer to the Company a coverage on the Declarations designate the only providing this insurance "autos"that are covered "autos" Other words and phrases that appear in quotation A. Description Of Covered Auto Designation marks have special meaning Refer to Section V — Symbols Definitions Symbol Description Of Covered Auto Designation Symbols 1 Any"Auto" 2 Owned "Autos" Only those"autos" you own (and for Liability Coverage any"trailers"you don't own Only while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins 3 Owned Private Only the private passenger"autos"you own This includes those private passen- Passenger ger"autos" you acquire ownership of after the policy begins "Autos"Only 4 Owned "Autos" Only those "autos"you own that are not of the private passenger type (and for Li- Other Than Pri- ability Coverage any"trailers"you don't own while attached to power units you vate Passenger own) This includes those"autos" not of the private passenger type you acquire "Autos" Only ownership of after the policy begins 5 Owned "Autos" Only those "autos"you own that are required to have No-Fault benefits in the state Subject To No- where they are licensed or principally garaged This includes those"autos"you Fault acquire ownership of after the policy begins provided they are required to have No- Fault benefits in the state where they are licensed or principally garaged 6 Owned"Autos" Only those "autos"you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Un- Motorists Coverage.This includes those"autos"you acquire ownership of after the insured Motor- policy begins provided they are subject to the same state uninsured motorists re- ists Law guirement, 7 Specifically De- Only those "autos" described in Item Three of the Declarations for which a pre- scribed "Autos" mtum charge is shown(and for Liability Coverage any"trailers"you don't own while attached to any power unit described in Item Three) 8 Hired "Autos" Only those"autos"you lease, hire, rent or borrow This does not include any"auto" Only you lease, hire,rent, or borrow from any of your"employees", partners(if you are a partnership), members (if you are a limited liability company)or members of their households 9 Nonowned Only those "autos" you do not own, lease, hire, rent or borrow that are used in "Autos" Only connection with your business This includes"autos"owned by your"employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your per- sonal affairs 19 Mobile Equip- Only those"autos"that are land vehicles and that would qualify under the definition ment Subject To of"mobile equipment" under this policy if they were not subject to a compulsory or Compulsory Or financial responsibility law or other motor vehicle insurance law where they are Financial Re- licensed or principally garaged sponsibility Or Other Motor Ve- hicle Insurance Law Only CA 00 0103 06 ©ISO Properties, Inc,2005 Page 1 of 12 COMMERCIAL AUTO representative prompt notice of the "acci- b. Under Liability Coverage, we agree in dent"or"loss" Include writing that the "insured" has an obliga- (1) How, when and where the "accident" tion to pay or until the amount of that ob- or"loss" occurred, ligation has finally been determined by 2 The "insured's" name and address; judgment after trial No one has the right ( ) under this policy to bring us into an action and to determine the"insured's"liability (3) To the extent possible, the names 4. Loss Payment — Physical Damage Cover- and addresses of any injured persons ages and witnesses b. Additionally, you and any other involved At our option we may: "insured" must: a. Pay for, repair or replace damaged or sto- (1) Assume no obligation, make no pay- len property, ment or incur no expense without our b. Return the stolen property, at our ex- consent, except at the '1nsured's" pense. We will pay for any damage that own cost results to the"auto"from the theft, or (2) Immediately send us copies of any c. Take all or any part of the damaged or request, demand, order, notice, stolen property at an agreed or appraised summons or legal paper received value concerning the claim or"suit" If we pay for the "loss", our payment will in- (3) Cooperate with us in the investigation clude the applicable sales tax for the dam- or settlement of the claim or defense aged or stolen property against the"suit" 5. Transfer Of Rights Of Recovery Against (4) Authorize us to obtain medical re- Others To Us cords or other pertinent information If any person or organization to or for whom (5) Submit to examination, at our ex- we make payment under this Coverage Form pense, by physicians of our choice, has rights to recover damages from another, as often as we reasonably require. those rights are transferred to us That person c. If there is "loss"to a covered "auto" or its or organization must do everything necessary to secure our rights and must do nothing after equipment you must also do the follow- "accident"or"loss"to impair them. mg B General Conditions (1) Promptly notify the police if the cov- ered "auto" or any of its equipment is 1 Bankruptcy stolen Bankruptcy or insolvency of the "insured" or (2) Take all reasonable steps to protect the"insured's" estate will not relieve us of any the covered "auto" from further dam- obligations under this Coverage Form age. Also keep a record of your ex- 2. Concealment, Misrepresentation Or Fraud penses for consideration in the set- This Coverage Form is void in any case of tlement of the claim fraud by you at any time as it relates to this (3) Permit us to inspect the covered Coverage Fain It is also void if you or any "auto" and records proving the "loss" other"insured", at any time, intentionally con- before its repair or disposition. teal or misrepresent a material fact concern- (4) Agree to examinations under oath at mg. our request and give us a signed a. This Coverage Form; statement of your answers b. The covered "auto", 3. Legal Action Against Us c. Your interest in the covered"auto";or No one may bring a legal action against us d. A clai n under this Coverage Form under this Coverage Form until 3. Liberalization a. There has been full compliance with all the terms of this Coverage Form,and If we revise this Coverage Form to provide more coverage without additional premium Page 8 of 12 0 ISO Properties, Inc, 2005 CA 00 0103 06 COMMERCIAL AUTO charge, your policy will automatically provide for the balance, if any. The due date for the additional coverage as of the day the re- the final premium or retrospective pre- vision is effective in your state mium is the date shown as the due date 4. No Benefit To Bailee — Physical Damage on the bill If the estimated total premium Coverages exceeds the final premium due, the first We will not recognize any assignment or Named Insured will get a refund grant any coverage for the benefit of any per- b. If this policy is issued for more than one son or organization holding, storing or trans- year, the premium for this Coverage Form porting property for a fee regardless of any will be computed annually based on our other provision of this Coverage Form rates or premiums in effect at the begin- 5. Other Insurance ning of each year of the policy a. For any covered "auto" you own, this 7. Policy Period, Coverage Territory Coverage Form provides primary insur- Under this Coverage Form, we cover "acci- ance. For any covered "auto" you don't dents"and "losses"occurring: own, the insurance provided by this Cov- a. During the policy period shown in the erage Form is excess over any other col- Declarations,and lectible insurance However, while a cov- b. Within the coverage territory. ered "auto" which is a "trailer" is con- nected to another vehicle, the Liability The coverage territory is, Coverage this Coverage Form provides a The United States of America; for the"trailer" is: b. The territories and possessions of the (1) Excess while it is connected to a mo- United States of America; for vehicle you do not own c. Puerto Rico, (2) Primary while it is connected to a d. Canada, and covered "auto"you own b. For Hired Auto Physical Damage Cover— age, any covered "auto" you lease, hire, (1) A covered "auto" of the private pas- rent or borrow is deemed to be a covered senger type is leased, hired, rented "auto" you own. However, any"auto"that or borrowed without a driver for a pe- is leased, hired, rented or borrowed with riod of 30 days or less,and a driver is not a covered "auto" (2) The "insured's" responsibility to pay c. Regardless of the provisions of Para- damages is determined in a "suit" on graph a. above, this Coverage Form's Li- the merits, in the United States of ability Coverage is primary for any liability America, the territories and posses- assumed under an"insured contract" sions of the United States of America, d. When this Coverage Form and any other Puerto Rico, or Canada or in a set- Coverage Form or policy covers on the tlement we agree to same basis, either excess or primary, we We also cover"loss" to, or"accidents" involy- will pay only our share Our share is the ing, a covered "auto" while being transported proportion that the Limit of Insurance of between any of these places our Coverage Form bears to the total of 8. Two Or More Coverage Forms Or Policies the limits of all the Coverage Forms and Issued By Us policies covering or the same basis If this Coverage Form and any other Cover- 6. Premium Audit age Form or policy issued to you by us or any a. The estimated premium for this Coverage company affiliated with us apply to the same Form is based on the exposures you told "accident", the aggregate maximum Lima of us you would have when this policy be- Insurance under all the Coverage Forms or gan We will compute the final premium policies shall not exceed the highest apphca- due when we determine your actual ex- ble Limit of Insurance under any one Cover- posures The estimated total premium will age Form or policy. This condition does not be credited against the final premium due apply to any Coverage Form or policy issued and the first Named Insured will be billed by us or an affiliated company specifically to CA 00 0103 06 0 ISO Properties, Inc, 2005 Page 9 of 12 COMMERCIAL AUTO apply as excess insurance over this Cover- cepted by the"insured"for movement into age Form. or onto the covered"auto',or SECTION V—DEFINITIONS c. After the "pollutants" or any property in A. "Accident" includes continuous or repeated expo- which the "pollutants" are contained are sure to the same conditions resulting in "bodily in- moved from the covered "auto" to the fury"or"property damage". place where they are finally delivered, disposed of or abandoned by the "in- B. "Auto"means: sured" 1. A land motor vehicle, "trailer" or semitrailer Paragraph a. above does not apply to fuels, designed for travel on public roads; or lubricants, fluids,exhaust gases or other simi- 2. Any other land vehicle that is subject to a lar "pollutants" that are needed for or result compulsory or financial responsibility law or from the normal electrical, hydraulic or me- other motor vehicle insurance law where it is chanical functioning of the covered "auto" or licensed or principally garaged. its parts, if: However, "auto" does not include "mobile equip- (1) The "pollutants" escape, seep, mi- ment" grate, or are discharged, dispersed or C. "Bodily injury" means bodily injury, sickness or released directly from an "auto" part disease sustained by a person including death designed by its manufacturer to hold, resulting from any of these, store, receive or dispose of such "pol- D. Covered pollution cost or expense" means any lutants", and cost or expense arising out of: (2) The "bodily injury", "property dam- age" or "covered pollution cost or ex- 1. Any request, demand, order or statutory or pense" does not arise out of the op- regulatory requirement that any "insured" or eration of any equipment listed in others test for, monitor, clean up, remove, Paragraph 6.b. or 6.c. of the defini- contain, treat, detoxify or neutralize, or in any bon of"mobile equipment". way respond to, or assess the effects of"pol- lutants or Paragraphs b and c. above do not apply to 2. Any claim or "suit" b or on behalf of a ov- "accidents" that occur away from premises y g owned by or rented to an "insured" with re- ernmental authority for damages because of spect to "pollutants" not in or upon a covered testing for, monitoring, cleaning up, removing, "auto"if containing, treating, detoxifying or neutraliz- ing, or in any vvay responding to or assessing (1) The "pollutants" or any property in the effects of"pollutants" which the "pollutants" are contained are upset, overturned or damaged as "Covered pollution cost or expense" does not in- a result of the maintenance or use of clude any cost or expense arising out of the ac- a covered"auto",and tual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollut- (2) The discharge, dispersal, seepage, ants" migration, release or escape of the "pollutants" is caused directly by such a. That are, or that are contained in any upset, overturn or damage property that is E. "Diminution in value" means the actual or per- (1) Being transported or towed by, han- ceived loss in market value or resale value which dled, or handled for movement into, results from a direct and accidental "loss" onto or from ;he covered "auto", F. "Employee" includes a "leased worker" "Em- (2) Otherwise in the course of transit by ployee"does not include a "temporary worker" or on behalf of the'insured"; G. "Insured" means any person or organization quali- (3) Being stored, disposed of, treated or fying as an insured in the Who Is An Insured pro- processed in or upon the covered vision of the applicable coverage Except with re- auto", spect to the Limit of Insurance, the coverage af- b. Before the "pollutants" or any property in forded applies separately to each insured who is which the "pollutants" are contained are seeking coverage or against whom a claim or moved from the place where they are ac- "suit"is brought Page 10 of 12 0 ISO Properties, Inc,2005 CA 00 01 03 06 r COMMERCIAL AUTO H. "Insured contract" means "Leased worker" does not include a "temporary 1. A lease of premises, worker" 2. A sidetrack agreement; J. "Loss" means direct and accidental loss or dam- 3. Any easement or license agreement, except age. in connection with construction or demolition K. "Mobile equipment" means any of the following operations on or within 50 feet of a railroad, types of land vehicles, including any attached 4. An obligation, as required by ordinance, to in- machinery or equipment: demnify a municipality, except in connection 1. Bulldozers,farm machinery,forklifts and other with work for a municipality, vehicles designed for use principally off public 5. That part of any other contract or agreement roads; pertaining to your business (including an in- 2• Vehicles maintained for use solely on or next demnification of a municipality in connection to premises you own or rent, with work performed for a municipality) under 3. Vehicles that travel on crawler treads, which you assume the tort liability of another 4. Vehicles, whether self-propelled or not, main- to pay for"bodily injury"or"property damage" to a third party or organization Tort liability tamed primarily to provide mobility to perma- means a liability that would be imposed by nently mounted law in the absence of any contract or agree- a. Power cranes, shovels, loaders, diggers ment; or drills;or 6. That part of any contract or agreement en- b. Road construction or resurfacing equip- tered into, as part of your business, pertaining ment such as graders, scrapers or rollers to the rental or lease, by you or any of your 5. Vehicles not described in Paragraph 1 ,2 , 3., "employees", of any "auto" However, such or 4.above that are not self-propelled and are contract or agreement shall not be considered maintained primarily to provide mobility to an "insured contract" to the extent that it obli- permanently attached equipment of the fol- gates you or any of your "employees" to pay lowing types for"property damage"to any "auto" rented or a. Air compressors, pumps and generators, leased by you or any of your"employees" including spraying, welding, building An "insured contract" does not include that part of cleaning, geophysical exploration, lighting any contract or agreement and well servicing equipment,or a. That indemnifies a railroad for "bodily in- b. Cherry pickers and similar devices used jury" or "property damage" arising out of to raise or lower workers construction or demolition operations, 6. Vehicles not described in Paragraph 1., 2., 3. within 50 feet of any railroad property and or 4. above maintained primarily for purposes affecting any railroad bridge or trestle, other than the transportation of persons or tracks, roadbeds, tunnel, underpass or cargo However, self-propelled vehicles with crossing, or the following types of permanently attached b. That pertains to the loan, lease or rental equipment are not"mobile equipment" but will of an "auto" to you or any of your "em- be considered "autos" ployees", if the "auto" is loaned, leased or a. Equipment designed primarily for rented with a driver, or c. That holds a person or organization en- (1) Snow removal, gaged in the business of transporting (2) Road maintenance, but not construc- property by "auto" for hire harmless for tion or resurfacing, or your use of a covered "auto" over a route (3) Street cleaning, or territory that person or organization is b Cherry pickers and similar devices authorized to serve by public authority mounted on automobile or truck chassis I. "Leased worker" means a person leased to you and used to raise or lower woi kers; and by a labor leasing firm under an agreement be- c. Air compressors, pumps and generators, tween you and the labor leasing firm, to perform including spraying, welding, budding duties related to the conduct of your business cleaning , geophysical exploration, lighting or well servicing equipment CA 00 01 03 06 0 ISO Properties, Inc,2005 Page 11 of 12 tt 6801497P251 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OREGON CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM(OUTPUT POLICY)COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy c. 60 days or more or is a renewal policy, Condition is replaced by the following we may cancel for any other reason ap- t. If this policy has been in effect for. proved by the commissioner by rule, but a. Fewer than 60 days and is not a renewal only with respect to insurance provided policy,we may cancel for any reason under the following. b. 60 days or more or is a renewal policy, (1) A package pokey that includes y p y commercial properly and commercial we may cancel only for one or more of liability insurance, the following reasons (2) Commercial Automobile Coverage (1) Nonpayment of premium; Part, (2) Fraud or material misrepresentation (3) Commercial General Liability Cover- made by you or with your knowledge age Part, in obtaining the policy,continuing the (4) Commercial Property Coverage Part policy or in presenting a claim under the policy, —Legal Liability Coverage Form; (3) Substantial increase in the risk of (5) Commercial Property Coverage Part loss after insurance coverage has —Mortgageholders Errors And Omis- been issued or renewed, including sions Coverage Form, but not limited to an increase in ex- (6) Employment-related Practices Liabil- posure due to rules, legislation or ity Coverage Part, court decision, (7) Farm Coverage Part—Farm Liability (4) Failure to comply with reasonable Coverage Form, loss control recommendations, (8) Liquor Liability Coverage Part, (5) Substantial breach of contractual du- (9) Products/Completed Operations Li- ties, conditions or warranties, ability Coverage Part, or (6) Determination by the commissioner (10) Medical Professional Liability Cover- that the continuation of a line of in- age Part. surance or class of business to which the policy belongs will Ieop- B. Paragraph 3.of the Cancellation Common Policy ardize our solvency or will place us Condition is amended by the addition of the fol- in violation of the insurance laws of lowing. Oregon or any other state, or 3. We will mad or deliver to the first Named in- (7) Loss or decrease in reinsurance sured written notice of cancellation, stating covering the risk. the reason for cancellation IL 02 79 09 08 0 ISO Properties, Inc,2007 Page 1 of 2 { e C. The following is added to the Cancellation oration the premium is guaranteed, we may Common Policy Condition not refuse to renew the policy at its annroer- 7. Number Of Days' Notice Of Cancellation: sary date. a. With respect to insurance provided under Nonrenewal will not be effective until at least 2.c.(1) through (10) above, cancellation 45 days after the first Named Insured re- will not be effective until at least 10 work- ceives our notice ing days after the first Named Insured re- 2. Mailing Of Notices ceives our notice a If notice of cancellation or nonrenewal is b. With respect to insurance other than that mailed, a post office certificate of mailing provided under 2.c.(1) through (10) will be conclusive proof that the first above, cancellation will not be effective Named Insured received the notice on the until at least- third calendar day after the date of the (1) 10 days after the first Named Insured certificate of mailing receives our notice, if we cancel for b. The following provision applies with re- nonpayment of premium,or spect to coverage provided under the (2) 30 days after the first Named Insured Farm Coverage Part receives our notice, if we cancel for If the first Named Insured has affirma- any other reason tively consented to our use of an elec- D. Paragraph 6, of the Cancellation Common Policy tronic record to deliver notice of cancella- Condition does not apply tion or nonrenewal and has not withdrawn E. The following are added and supersede any pro- such consent, then the electronic record vision to the contrary, delivering notice of cancellation or nonre- newal satisfies the requirement that the notice of cancellation or nonrenewal be We may elect not to renew this policy by mail- provided, or made available, to the first ing or delivering to the first Named Insured, at Named Insured in writing if we send the the last mailing address known to us, written first Named Insured the electronic record notice of nonrenewal before the; with a request for a return receipt and we a. Expiration date of the policy,or receive the return receipt If we do not re- ceive the return receipt, we may cancel or b. Anniversary date of the policy if the policy nonrenew the policy only after providing is written for a term of more than one year or delivering the notice of cancellation or or without a fixed expiration date nonrenewal to the first Named Insured in However, if this policy is issued for a term of writing, subject to Paragraph 2.a.above more than one year and for additional consid- Page 2 of 2 0 ISO Properties, Inc.,2007 IL 02 79 09 08 • KENT aSMiNGTON Agenda Item: Consent Calendar - 7E N TO: City Council DATE: April 16, 2013 SUBJECT: Landscape Architect Services for Briscoe Desimone Levee Contract - Authorize MOTION: Authorize the Mayor to sign a consultant services contract in an amount not to exceed $25,000 for landscape architectural services for the Briscoe- Desimone Levee Improvements Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The King County Flood Control District has authorized construction of the floodwalls to meet FEMA levee accreditation standards throughout the Briscoe- Desimone levees. In order to balance the needs of the river habitat and recreation the city will plant the existing riverbanks with native trees and shrubs that provide shade and allow for views of the river. The planting plan has been developed by city staff; however, we would like to retain the services of a landscape architect to review the design and provide comments on possible improvements. This is a major project and ensuring proper planting will be important to its long-term success. In order to expedite the levee reconstruction project and begin construction this year, the Public Works Department, by this motion, is seeking council authorization to award this contract before the contract selection process has occurred If approved, staff will follow the appropriate process and the Mayor will execute the contract without further council authorization, so long as the final contract amount, including sales tax, does not exceed $25,000. EXHIBITS: None RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: None. Funding for the project is coming from the state and the King County Flood Control District. REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes ewed by Director Originator's Name: Ken Lan holz Dept/Div. En ineerin / sin Extension: 5516 Date Sent: 5/a3 Date Required: b/a9/i Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/13 VENDOR: Otak, Inc. DATE OF COUNCIL APPROVAL: 4/16/13 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached agreement is for Otak to prepare a landscape restoration concept for the Briscoe Levee. For additional information, see the attached Council motion sheet. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received Cc:ik � Approval of Law Dept.: Law Dept. Comments: tC-t Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff IVLU Received: MAY 2 4 2013 Recommendations and Comments: CITY OF KENT Disposition: ���� z /;/"i; �� � CITY CLERK Date Returned: - a