Loading...
HomeMy WebLinkAboutPW14-070 - Original - Hough Beck & Baird Inc. - S 212th St. Grade Seperation - 03/27/2014 T Records Man-agement KEN WAS„INGTON Document , - 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: Hough Beck & Baird Inc. Vendor Number: JD Edwards Number Contract Number: P Y `� 14— 01 Q This Is assigned by City Clerk's Office Project Name: S. 212" St. Grade Separation Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 3/27/14 Termination Date: 12/31/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Madfal Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Provide ghoto simulations for the project. S•Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT WASHINGTON GOODS & SERVICES AGREEMENT between the City of Kent and Hough Beck & Baird Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Hough Beck & Baird Inc. organized under the laws of the State of Washington, located and doing business at 215 Westlake Ave. N., Seattle, WA 98109-5217, Phone: (206) 682-3051Fax: (206) 682-3245, Contact: Aaron Luoma (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall provide photo simulations for the S. 212th Street Grade Separation Projects. For a description, see the Vendor's Scope of Work which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2014. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Seven Thousand, Six Hundred Dollars ($7,600.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS & SERVICES AGREEMENT - 1 (Under$10,000.00, including WSST) The Vendor shall be paid after execution of agreement and delivery of photo simulation renderings. If the City objects to all or any portion of an invoice, it shall notify Vendor 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. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 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 Vendor 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 Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor 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 Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required GOODS & SERVICES AGREEMENT - 2 (Under$10,000.00, Including WSST) by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor 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. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. GOODS & SERVICES AGREEMENT - 3 (Under$10,000.00, including WSST) e A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. GOODS & SERVICES AGREEMENT - 4 (Under$10,000.00, including WSST) X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor 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. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor 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 Vendor'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 Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'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 Vendor 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 Vendor's part, then Vendor 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 Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor 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. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor 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 Vendor's own risk, and Vendor 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. XIV. 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. GOODS & SERVICES AGREEMENT - 5 (Under$10,000.00, including WSST) 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 XI 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 Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of 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 Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. GOODS & SERVICES AGREEMENT - 6 (Under$10,000.00, including WSST) J. 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. VENDOR: CITY OF KENT: B By; (signatur y sfgna re) Print Name: Print Name: Timothy J. LaPorte, P.E. Its: �F(VA Its: P blic W9rks Director (title) ��y// DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: �t CITY OF KENT: J �'-U VO►i Timothy J. LaPorte. P.E. J Hough Beck & Baird Inc. J City of Kent 215 Westlake Ave. N. 220 Fourth Avenue South Seattle, WA 98109-5217 Kent, WA 98032 (206) 682-3051 (telephone) (253) 856-5500 (telephone) (206) 682-3245 (facsimile) (253) 856-6500 (facsimile) Hough Beak&Balyd-212' Photo Smu)ations/Madfal GOODS & SERVICES AGREEMENT - 7 (Under$10,000.00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: Aw (,Gi1 1 ;l+tiT� 1w, Title: �►'��fM.1 Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 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 of 3 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. By: Y For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A ^ " Hough Beck&Baud Inc. 206 682 3051 Phone 9 � 215 Westlake Avenue North 206 682 3245 Fax xN, Seattle,WA g8109-5217 w ww hbbseattle coin Seattle Boise LANDSCAPE ARCHITECTURE Date 10 March 2014 Requested by Mark Madfau P.E. Design Engineering Supervisor Protect No TBD Public Works Engineering —------— 'if -------------•---•------._..,.-------—•---_--•--- Client City of Kent,Public Works Dept ,It Project Name Kent South 212i^Photo Simulations — —---- — — —— 1 220 Fourth Avenue South i " Scope of Services' k t` Task 1 Kent South 2121h Photo Simulations 1.1 Modify and enhance photographs,aerial photos,plans,and profiles or cross sections will be provided by the City of Kent. ; The photo simulations will generally include roadway,overpass or underpass,sidewalks,plants, site amenities,and other harescape features as appropnate and per the city's direction Photo simulations will be prepared to a concept level of accuracy 12 The quantity of photo simulations will be limited to 4 views,with 2 rounds of minor revisions based on comments provided by , the City • Overpass option westbound • • Underpass option westbound 'Al • Overpass option eastbound " w • Underpass option eastbound 1S,s; 1.3 The 2 views looking Westbound will be provided first for the City,for a March 21e meeting After the meeting,it will be , determined if the 2 views looking eastbound are necessary 1.4 Photo simulation graphics will be emailed to City of Kent as 1peg files E `° 1.5 HBB will provide quality control review by a senior Principal on all photo simulation work, t Compensation- Hough Beck&Baird agrees to perform the above services on a time and expense fee basis not to exceed$7,600,Our proposed hourly rates for " the work described above and additional services are as follows !, rig 1 Principal $180 371hr. fry 2. Landscape Architect/Protect Manager $125 8411hr 2 f E ,r 3 Design $9508/hr 4. ComputerTecn &Support $75501hr 5. Administrative&Clerical $57 331hr r` Signed. tr Jr Authorizing Signature Title Date 0 iP4a kcunglProposalstProposalsi14-0 f6 Kent 212th Photo SlmulaflcnsUfBB Scope Proposai.docx Page 1 of 1 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS 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. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued ) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The 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 shall be named as an additional insured 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. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. 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 insurance requirements of the Contractor before commencement of the work. F. 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. CERTIFICATE OF LIABILITY INSURANCE 3/17/2014 PRODUCER (206) 621-6444 FAX (206)515-0560 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gurry and Rogers Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1200 5th Ave. #1825 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Seattle WA 98101 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A_TRAVELERS INDEMNITY CO HOUGH BECK & BAIRD, INC INSURER B TRAVELERS PROPERTY CASUALTY 215 WESTLAKE AVE NORTH INSURER c TRAVELERS CASUALTY & SURETY INSURER D SEATTLE WA 98109 INSURER E COVERAGES 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 OFSUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ILTR SRD TYPE OF INSURANCE POLICYNUMBER POLICY EFFECTIVE POLICY EXPIRATIONfMMfpDrfYYY1 DATE( DDffYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES IF. occurrence $ 300,000 A X CLAIMS MADE Lx]OCCUR 16809C538779 I5/16/2013 5/16/2014 MED EXP(Any one person) '$ 5,000 PERSONAL&ADV INJURY $ 1,000 000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $ 2 00�0000 PCLICv X PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ 1,000,000 B X ALL OWNED AUTOS A9C555322 5/16/2013 5/16/2014 BODILY INJURY $ SCHEDULED AUTOS (Par person) X HIRED AUTOS BODILY INJURY $ X NON OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS I UMBRELLA_LIABILITY EACH OCCURRENCE S 2,000,000 X OCCUR _J CLAIMS MADE AGGREGATE $ 2,000,000 $ B X DEDUCTIBLE MP9C555555 5/16/2013 5/16/2014 $ X RETENTION $ 5,000 $ WORKERS COMPENSATION WC STATU IX OTH- AND EMPLOYERS'LIABILITY YIN ORYLIMITS ER ANY PROPRIETCRIPARTNEWEXECUTIVE❑ 16809C538779 5/16/2013 5/16/2014 E L EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? A (Mandatory in NHl EL DISEASE-EA EMPLOYE $ 1,000,000 If yes describe under SPECIAL PROVISIONS below E L DISEASE-POLICY LIMIT $ 1 000,000 C OTHER PROFESSIONAL 105277406 5/16/2013 5/16/2014 Each Clavn $1,000,000 LIABILITY Annual Aggregate $2,000,000 i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER IS ADDITIONAL INSURED AS RESPECTS THE OPERATIONS OF THE NAMED INSURED Project South 212th Street Grade Separation Projects CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent Engineering DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Attn Nancy Yoshitake NOTICETO THECERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 400 West Gowe Kent, WA 98032 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE Karl Di Julio/KD '"'- � ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION All rights reserved INS025(200901) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 16809C538779 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization City of Kent (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED(Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you 1� I CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1982 CHANGE EFFECTIVE DATE:03-24-14 TRAVELERS One Tower Square, Hartford, Connecticut 06183 CHANGE ENDORSEMENT Named Insured: HOUGH BECK & BAIRD, INC. Policy Number: BA-9C555322-13-GRP Policy Effective Date: 05/16/13 Issue Date: 03/25/14 Additional Premium $ 23 INSURING COMPANY- TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA Effective from 03/24/14 at the time of day the policy becomes effective. THIS INSURANCE IS AMENDED AS FOLLOWS: THE COMMERCIAL AUTOMOBILE COVERAGE PART IS AMENDED AS FOLLOWS: BAP EXTENSION COVERAGE IS ADDED. THE FOLLOWING FORM(S) AND/OR ENDORSEMENT(S) IS/ARE ADDED TO THE POLICY AS PER FORM(S) ATTACHED: CA T3 53 03 10 NAME AND ADDRESS OF AGENT OR BROKER: COUNTERSIGNED BY: GURRY & ROGERS INSURANCE (DCD86) 1200 5TH AVE STE 1825 _ L SEATTLE, WA 98101 Authorized Wpresentafiy,42� IL TO 07 09 87 PAGE 1 OF 1 DATE z OFFICE: RETAIL A&E CHANGE EFFECTNE DATE:03-24-14 TRAVELERSJW POLICY NUMBER: BA-9C555322-13-GRP EFFECTIVE DATE: 05-16-13 ISSUE DATE: 03-25-14 LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS. IL TO 07 09 87 CHANGE ENDORSEMENT IL TO 01 10 93 FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS COMMERCIAL AUTOMOBILE CA T3 53 03 10 BUSINESS AUTO EXTENSION ENDORSEMENT IL T8 01 10 93 PAGE: 1 OF 1 CHANGE EFFECTIVE DATE-03-24-14 OVERPRINT/CHANGE SLIP PAGE 1 OF 1 POLICY NUMBER: BA-9C555322-13-GRP RATER: MPSG ISSUE DATE: 03/25/14 ARCHITECTS EFFECTIVE DATE: 05/16/13 EXPIRATION DATE: 05/16/14 CHANGE EFFECTIVE DATE: 03/24/14 INSUREDS NAME: HOUGH BECK & BAIRD, INC. PRORATA FACTOR: 0.145 SHORT RATE FACTOR: NEW/RENEWAL: N PAYMODE: B SOLICITOR CODE: AUDIT FREQUENCY: N SAI: 7438PA175 RESPONSIBILITY: X MSI: WATCH FILE: W RATING MODE: G SURVEY CODE: 2 SPECIAL CODE: REINSURANCE: N PROGRAM CODE: B13 AUTO FILINGS: N FEDERAL TAX ID: PREMIUM SUMMARY ACCOUNT EFF. NON S.B. MONTH DATE PREMIUM PREMIUM TOTAL D 23.00 0.00 23.00 TOTAL: 23.00 0.00 23.00 OFFICE: RETAIL A&E 21W PRODUCER NAME: GURRY & ROGERS INSURANCE DCD88 CHANGE EFFECTIVE DATE-03-24.14 TRAVELERS J� PREMIUM SPLIT FORM PAGE 1 OF 1 POLICY NUMBER: BA-9C555322-13-GRP RATER: MPSG ISSUE DATE: 03/25/14 COMM ITEM COMM ITEM COMM ITEM COMM ITEM .1500 PREM ACCOUNT EFFECTIVE MONTH DATE PREMIUM PREMIUM PREMIUM PREMIUM 23 OFFICE: RETAIL A&E 21W PRODUCER NAME: GURRY & ROGERS INSURANCE DCD88 Policy# BA9C555322 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement The following listing is a general cover- age description only Limitations and exclusions may apply to these coverages Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE—INCREASED LIMIT B. BLANKET ADDITIONAL INSURED I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT C. EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS — INCREASED L. NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS OR LOSS F. HIRED AUTO — LIMITED WORLDWIDE M. BLANKET WAIVER OF SUBROGATION COVERAGE—INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED executed by you before the "bodily injury" or The following is added to Paragraph A.1., Who Is "property damage" occurs and that is in effect An Insured, of SECTION II — LIABILITY COV- during the policy period, to be named as an addi- ERAGE tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance Any organization you newly acquire or form dur- applies and only to the extent that person or or- ing the policy period over which you maintain ganization qualifies as an "insured" under the 50% or more ownership interest and that is not Who Is An Insured provision contained in Section separately insured for Business Auto Coverage 11 Coverage under this provision is afforded only un- C. EMPLOYEE HIRED AUTO til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- 1. The following is added to Paragraph A.1., ever is earlier Who Is An Insured, of SECTION II — LI- B. BLANKET ADDITIONAL INSURED ABILITY COVERAGE. The following is added to Paragraph c. in A.1., An "employee" of yours is an "insured" while Who Is An Insured, of SECTION 11 — LIABILITY operating an "auto" hired or rented under a COVERAGE* contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 03 10 02010 The Travelers Indemnity Company. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc vnth Its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., within such country or jurisdiction, for Liability Other Insurance, of SECTION IV — BUSI- Coverage for any covered "auto" that you NESS AUTO CONDITIONS lease, hire, rent or borrow without a driver for b. For Hired Auto Physical Damage Cover- a period of 30 days or less and that is not an age, the following are deemed to be cov- "auto" you lease, hire, rent or borrow from ered "autos"you own any of your "employees", partners (if you are a partnership), members (if you are a limited (1) Any covered "auto" you lease, hire, liability company) or members of their house- rent or borrow, and holds (2) Any covered "auto"hired or rented by (a) With respect to any claim made or "suit" your "employee" under a contract in brought outside the United States of that individual "employee's" name, America, the territories and possessions with your permission, while perform- of the United States of America, Puerto ing duties related to the conduct of Rico and Canada your business (i) You must arrange to defend the "in- However, any"auto"that is leased, hired, sured"against, and investigate or set- rented or borrowed with a driver is not a tle any such claim or "suit" and keep covered "auto" us advised of all proceedings and ac- D. EMPLOYEES AS INSURED tions The following is added to Paragraph A.1., Who Is (11) Neither you nor any other involved An Insured, of SECTION II — LIABILITY COV- "insured" will make any settlement ERAGE. without our consent Any"employee"of yours is an "insured" while us- (iii)We may, at our discretion, participate ing a covered "auto"you don't own, hire or borrow in defending the 'insured" against, or in your business or your personal affairs in the settlement of, any claim or E. SUPPLEMENTARY PAYMENTS — INCREASED "suit" LIMITS (Iv) We will reimburse the "insured" for 1. The following replaces Paragraph A.2.a.(2), sums that the "insured" legally must of SECTION II—LIABILITY COVERAGE pay as damages because of 'bodily injury" or "property damage" to which (2) Up to $3.000 for cost of bail bonds (in- this insurance applies, that the "in- cluding bonds for related traffic law viola- sured" pays with our consent, but tions) required because of an "accident" only up to the limit described in Para- we cover We do not have to furnish graph C., Limit Of Insurance, of SEC- these bonds TION II— LIABILITY COVERAGE 2. The following replaces Paragraph A 2.a (4). (v) We will reimburse the "insured" for of SECTION II—LIABILITY COVERAGE the reasonable expenses incurred (4) All reasonable expenses incurred by the with our consent for your investiga- "insured" at our request, including actual tion of such claims and your defense loss of earnings up to $500 a day be- of the "insured" against any such cause of time off from work. "suit", but only up to and included F. HIRED AUTO — LIMITED WORLDWIDE COV- within the limit described in Para- graph C., Limit Of Insurance, of SECTION II — LIABILITY COVER- The following replaces Subparagraph (5) in Para- AGE, and not in addition to such limit graph B.7 , Policy Period, Coverage Territory, Our duty to make such payments of SECTION IV — BUSINESS AUTO CONDI- ends when we have used up the ap- TIONS plicable limit of insurance in pay- (5) Anywhere in the world, except any country or ments for damages, settlements or jurisdiction while any trade sanction, em- defense expenses bargo, or similar regulation imposed by the (b) This insurance is excess over any valid United States of America applies to and pro- and collectible other insurance available hibits the transaction of business with or Page 2 of 4 ®2010 The Travelers Indemnity Company, CA T3 53 03 10 Includes copyrighted material of Insurance Services Office,Inc with its permission, COMMERCIAL AUTO to the "insured" whether primary, excess J. PERSONAL EFFECTS contingent or on any other basis The following is added to Paragraph A.4., Cover- (c) This Insurance is not a substitute for re- age Extensions, of SECTION III — PHYSICAL quired or compulsory Insurance in any DAMAGE COVERAGE country outside the United States, Its ter- Personal Effects ritones and possessions, Puerto Rico and Canada. We will pay up to $400 for "loss" to wearing ap- You agree to maintain all required or Parel and other personal effects which are compulsory insurance in any such coun- (1) Owned by an "insured", and try up to the minimum limits required by (2) In or on your covered "auto". local law Your failure to comply with This coverage applies only in the event of a total compulsory insurance requirements will theft of your covered "auto" not invalidate the coverage afforded by this policy, but we will only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coverage. had you complied with the compulsory in- K. AIRBAGS surance requirements The following is added to Paragraph 8.3., Exclu- (d) It is understood that we are not an admit- sions, of SECTION III — PHYSICAL DAMAGE ted or authorized insurer outside the COVERAGE United States of America, its territories Exclusion 3 a. does not apply to "loss" to one or and possessions, Puerto Rico and Can- ada We assume no responsibility for the more airbags in a covered "auto" you own that in- furnishing of certificates of insurance, or flate due to a cause other than a cause of "loss" for compliance in any way with the laws set forth in Paragraphs A.1 b, and A.1.c., but of other countries relating to insurance only. G. WAIVER OF DEDUCTIBLE —GLASS a. If that"auto" is a covered "auto" for Compre- The following is added to Paragraph D., Deducti- hensive Coverage under this policy, ble, of SECTION III — PHYSICAL DAMAGE b. The airbags are not covered under any war- COVERAGE. rarity, and No deductible for a covered "auto" will apply to c. The airbags were not intentionally inflated. glass damage if the glass is repaired rather than We will pay up to a maximum of $1,000 for any replaced one"loss" H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF L. NOTICE AND KNOWLEDGE OF ACCIDENT OR USE—INCREASED LIMIT LOSS The following replaces the last sentence of Para- The following is added to Paragraph A.2.a., of graph AA.b., Loss Of Use Expenses, of SEC- SECTION IV—BUSINESS AUTO CONDITIONS' TION III—PHYSICAL DAMAGE COVERAGE Your duty to give us or our authorized representa- However, the most we will pay for any expenses tive prompt notice of the "accident" or "loss" ap- for loss of use is $65 per day, to a maximum of plies only when the "accident" or "loss" is known $750 for any one "accident" to I. PHYSICAL DAMAGE — TRANSPORTATION (a) You (if you are an individual); EXPENSES—INCREASED LIMIT (b) A partner(if you are a partnership), The following replaces the first sentence in Para- (c) A member (if you are a limited liability com- graph A.4.a., Transportation Expenses, of pany), SECTION III — PHYSICAL DAMAGE COVER- (d) An executive officer, director or insurance AGE We will a u to $50 per day to a maximum of manager(if you are a corporation or other or- We P P Y ganizaUon), or $1,500 for temporary transportation expense in- (a) Any "employee" authorized by you to give no- curred by you because of the total theft of a cov- tice of the"accident"or"loss". ered "auto" of the private passenger type CA T3 53 03 10 ®2010 The Travelers Indemnity Company. Page 3 of 4 includes copyrighted material of Insurance Services Office,Inc with its permission COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION such contract The waiver applies only to the The following replaces Paragraph A 5., Transfer person or organization designated in such Of Rights Of Recovery Against Others To Us, contract of SECTION IV — BUSINESS AUTO CONDI- N. UNINTENTIONAL ERRORS OR OMISSIONS TIONS. The following is added to Paragraph B.2., Con- 5. Transfer Of Rights Of Recovery Against cealment, Misrepresentation, Or Fraud, of Others To Us SECTION IV—BUSINESS AUTO CONDITIONS We waive any right of recovery we may have The unintentional omission of, or unintentional against any person or organization to the ex- error in, any information given by you shall not tent required of you by a written contract prejudice your rights under this insurance How- signed and executed prior to any "accident' ever this provision does not affect our right to col- or"loss", provided that the"accident'or'loss" lect additional premium or exercise our right of arises out of operations contemplated by cancellation or non-renewal I Page 4 of 4 ®2010 The Travelers Indemnity Company CA T3 53 03 10 Includes copyrighted material or Insurance Services Office,Inc with Its permission