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PW14-005 - Original - Shearer Design LLC - Kent Regional Trail Connector - 01/16/2014
Records M eme ICETI i" Document' wnsnixoTon r . 4w' CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Shearer Design LLC Vendor Number: _ JD Edwards Number Contract Number: jar i-, i —o,',. This is assigned by City Clerk's Office Project Name: Kent Regional Trail Connector Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 8/31/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Nick Horn Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Provide structural design services for the new pedestrian bridge over Mill Creek. S:Public\RecordsManagement\Farms\ContracLCover\adcc7832 11/08 Local Agency Consultant/Address/Telephone Shearer Design LLC Standard Consultant 3613Phinney Ave. N, Suite#A Agreement Seattle, WA 98103 ® Architectural/Engineering Agreement ❑ Personal Services Agreement (206) 781-7830 Agreement Number _ __ _ '. ' LA 8128 Project Title And Work Description Federal Aid Number Kent Regional Trail Connector CM-0615(008) Agreement Type(Choose one) Provide structural design engineering services for the new pedestrian bridge over Mill Creek. ❑ Lump Sums Lump Sum Amount $ ❑ Cost Plus Fixed Fee Overhead Progress Payment Rate % — Overhead Cost Method DBE Participation ❑ Yes M No % ❑ Actual Cost - Federal ID Number or Social Security Number ❑Actual Cost Not To Exceed % 90-0949003 ❑ Fixed Overhead Rate % Do you require a 1099 for IRS" Completion Date Fixed Fee $ M Yes ElNo August 31, 2014 ❑ specific Rates Of Pay Total Amount Authorized $ 34,847.00 ❑ Negotiated Hourly Rate Management Reserve Fund $ ❑ Provisional Hourly Rate - ® Cost Per Unit of Work Maximum Amount Payable $ 345847,00 Index of Exhibits (Check all that apply): M Exhibit A-1 Scope of Work ❑ Exhibit G-2 Fee-Sub Specific Rates ❑ Exhibit A-2 Task Order Agreement ❑ Exhibit G-3 Sub Overhead Cost ❑ Exhibit B-1 DBE Utilization Certification - M Exhibit H Title VI Assurances M Exhibit C Electronic Exchange of Data M Exhibit I Payment Upon Termination of Agreement ❑ Exhibit D-1 Payment-Lump Sum M Exhibit J Alleged Consultant Design Error Procedures ❑ Exhibit D-2 Payment-Cost Plus M Exhibit K Consultant Claim Procedures ❑ Exhibit D-3 Payment-Hourly Rate ❑ Exhibit L Liability Insurance Increase ❑ Exhibit D-4 Payment-Provisional M Exhibit M-1 a Consultant Certification M Exhibit E-1 Fee- Ltnnp/Fixed/Unit M Exhibit M-1 b Agency Official Certification ❑ Exhibit E-2 Fee -Specific Rates M Exhibit M-2 Certification- Primary M Exhibit F Overhead Cost ❑ Exhibit M-3 Lobbying Certification ❑ Exhibit G Subcontracted Work ❑ Exhibit M-4 Pricing Data Certification ❑ Exhibit G-1 Subconsultant Fee M App, 31.910 Supplemental Signature Page M Exhibit D-5 Payment—Unit of Work THIS AGREEMENT,made and entered into this x f?i. .. tr av of 2014 2014 between the Local Agency of City of Kent , Washington,hereinatter4alled the"AGENCY" , and the above organization hereinafter called the"CONSULT'ANT". DOT Form 140-os9 EF Page 1 of 8 Revised 312008 WITNESSETH THAT: WHEREAS,the AGENCY desires to accomplish the above referenced project, and WHEREAS,the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof,the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defued and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor,and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work acid projected level of effort required for this PROJECT is detailed in Exhibit"A" attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups,or individuals shall receive advance approval by the AGENCY.Necessary contacts and meetings with agencies,groups, and/or individuals shall be coordinated through the AGENCY.The CONSULTANT shall attend coordination,progress and presentation meetings with the AGENCY and/or such Federal, State, Community,City or County officials,groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation.The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY,which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin,or sex in the performance of this contract.The CONSULTANT, and each SUBCONSULTANT,shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises(DBE), if required,per 49 CPR Part 26,or participation of Minority Business Enterprises(MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT.IfD/M/WBE firms are utilized,the amounts authorized to each fine and their certification number will be shown on Exhibit`B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBF,firm they must comply with the Cornniercial Useful Function (CUF)regulation outlined in the AGENCY'S"DRE Program Participation Plan".The mandatory DBE participation goals of the AGREEMENT arc those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports,PS&E materials,and other data furnished to the CONSULTANT by tile AGENCY shall be returned. All electronic files, prepared by the CONSULTANT,must meet the requirements as outlined in Exhibit"C." All designs, drawings, specifications, documents, and other work products,including all electronic files,prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service,not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT, Page 2 of 8 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the tetras of this AGREEMENT until authorized hi writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY,or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered trader this AGREEMENT as provided in Exhibit"W attached hereto,and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor,materials, supplies, equipment, and incidentals necessary to complete the work, The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager, VI Sub-Contracting The AGENCY permits sub-contracts for those items of work as shown in Exhibit"G"attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit"G." The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead,direct non-salary costs and fixed fee costs for the sub-consultant shall be substantiated in the same manner as outlined in Section V.All sub-contracts shall contain all applicable provisions of this AGREEMEN 1'. With respect to sub-eonsultasrt payment,the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011, The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY.No permission for sub-contracting shall create,between the AGENCY and sub- contractor, any contract or any other relationship.A DBF certified sub-consultant is required to perform a minimum amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT,to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage,brokerage fee,gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant,the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission,percentage,brokerage fee, gift, or contingent fee, Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT,shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein,shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full-or part-time basis,or other basis, during the period of the contract,any professional or technical personnel who are,or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE,or the AGENCY, except regularly retired employees,without written consent of the public employer of such person, Vlll Nondiscrimination During the performance of this contract,the CONSULTANT, for itself, its assignees,and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Pact 21 23 CFR Part 200 RCW 49.60.180 1n relation to Title VI of the Civil Rights Act of 1964,the CONSULI:QNT is bound by the provisions of Exhibit"H" attached hereto and by this reference made part of this AGREEMENT,and shall include the attached Exhibit"H"in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit"I"for the type of AGREEMENT used. No payment shall be made for any work completed after ten(10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above,then no final payment shall be due and the CONSULTANT shall itamediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 In such an event,the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination,the amount of work originally required which was satisfactorily completed to date of termination,whether that work is hi a form or a type which is usable to the AGENCY at the time of termination,the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection.exceed the amount,which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence,the termination shall be deemed to be a termination for the convenience of the AGENCY.In such an event,the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member,partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT,or dissolution of the partnership,termination of the corporation, or disaffiliation of the principally involved employee,the surviving members of the CONSULTANT hereby agree to complete the work under the terns of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph,should the surviving members of the CONSULTANT,with the AGENCY'S concurrence, desire to terminate this AGREEMENT,payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY.Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or - omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein,when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed m revised,the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shalt be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however,that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision,that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit"J", and disputes concerning claims will be conducted under the procedures found in Exhibit"K". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT,the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the patties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the Taws of the State of Washington, The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of 8 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands,or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT;provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims;demands or suits based solely upon the conduct of the AGENCY or the STATE,their agents, officers and employees; and provided further that if the clanns or suits are caused by or result from the concurrent negligence of(a)the CONSULTANT'S agents or employees,and(b)the AGENCY or the STATE, their agents, officers and employees,this indemnity provision with respect to(1) claims or suits based upon such negligence(2)the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense,the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT,the AGENCY shall be responsible for administration of construction contracts, if any,on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance,the CONSULTANT shall assume no responsibility for: proper construction techniques,job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Cmmuissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Conunercial general liability and property damage insurance in an aggregate amount not less than two million dollars($2,000,000)for bodily injury,including death and property damage. The per occurrence amount shall not exceed one million dollars (S1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar($L000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT,the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements requhed by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an instance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14)days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty(30)days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million($1,000,000)dollars, whichever is the greater, unless modified by Exhibit"IY. In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time,by written order,make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of,or the time required for,performance of any part of the work under this AGREEMENT,whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT,the AGENCY shall make an equitable adjustment in the(1)maximum amount payable;(2) delivery or completion schedule,or both; and(3)other affected terns and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any"request for equitable adjustment",hereafter referred to as"CLAIM", under this clause within thirty(30)days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it,the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause.However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E.Notwithstanding the terns and conditions of paragraphs (A) and (B)above,the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT, XV Endorsement of Plans If applicable,the CONSULTANT shall place their endorsement on all plans,estimates,or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit"M-1(a and b)"are the Certifications of the CONSULTANT and the AGENCY,Exhibit"M -2"Certification Regarding Debarment, Suspension and Other Responsibility Matters-Primary Covered Transactions, Exhibit"M-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"M-4" Certificate of Current Cost or Pricing Data. Exhibit"M-3" is required only in AGREEMENTS over$100,000 and Exhibit`;MA" is required only in AGREEMENTS over 3500,000. XVIII Complete Agreement This document and retercreed attachments contain all covenants, stipulations,and provisions agreed upon by the parties.No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement,representation,promise or agreement not set forth herein.No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the tenors and conditions thereof. Page 7 of 8 In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. or By t� P y Consultant Shearer Design LLC Agency "1ity of Kent DOT Form 140-069 EF Revised 312003 Page 8 of 8 AC®® CERTIFICATE OF LIABILITY INSURANCE OATS IMMIOD/VVVV) 1/13/2014 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(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to j 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 NAMEpCT Michael J, Hall &Company Michael J Hall &Company PHONE _ 7 AX No Hall and Company E-MAIL - " -- 19660 1Oth Ave NE AD.nss:certificates2halfandcQmpany.com Poulsbo WA 98370 INSURERS)AFFORDING COVERAGE NAIC# lNsuRERA Hartford Casualty Insurance INSURED 12609 INSURER B:Navi ators Insurance Company Shearer Design LLC INSURERc: 3613 Phinney Ave N#A INSURER D: Seattle WA 98103 -__-- - --- INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1907077119 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 TYPE OF INSURANCE ADDL SOBR' POLICY EFF POLICY EXP LIMITS LTR INSR Me POLICY NUMBER MMIDDrvV1' MMlDDIYWV A ' GENERAL LIABILITY 528BAIJ6571 /912014 9/2015 EACH OCCURRENCE $2,000,000 X -DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES As a.currsnre $300,000 CLAMS MADEOCCUR MED EXP(Any one person) $10,000 - - V I X OCP/XCU/BFPD PERSONAL&ADV INJURY 52,000,000 X Separation Insds I GENERAL AGGREGATE $4,000 000 GEN'LAGGREGATE UMI-APPL ES PER: PRODUCTS-COMPnOP AGO $4000000 POLICY X C PR — TOO a A AUTOMOBILE LIABILITY 528BAIJ6571 219/2014 2/9/2015 Ed ecddent) 2000000 ANY AUTO BODILY INJURY r,Perperson) $ ALL OWNED SCHEDULED BODILY INJURY(Peraacldenl) F AUTOS AUTOS NON OWNEDPROPERTY OAMAGE g X HIRED AUTOS X AUTOS Per $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MACE'', AGGREGATE $ DIED RETENTION$ —.. _$ W'C STATU- OTH- A WORKERS COMPENSATION 5258AIJ6571 /9/2014 /9/2015 LI T T WA Stop Gap AND EMPLOYERS'LIABILITY _E -- ANY PROPRIETOR/PARTNER/EXECUTIVE V� NIA E.L.EACH ACCIDENT $1,000,000 OFFICERMEMBER EXCLUDED? (Mand alory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRI PLON OF OPERATIONS below E.L.CISEASE-POLICY LIMIT $1,000,000 H Professional Llab:Claims Made CM14DPLOI 15201V 1/11/2014 /11/2015 $1,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if mom space is mq aired) Project/Job Name: Regional Trail Connector Bridge CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Nancy Yoshitake 400 West Gowe AUTHORIZED REPRE ENTATIVE Kent WA 98032 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD __ __-. -__ _ - __. Shearer Design LLC - The Hartford Policy # 52SBAIJ6571 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or "employees", "volunteer workers",any partner or member (if you are (2) "Personal and advertising injury"a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person(other than your"employee"or With respect to "mobile equipment" registered In "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager, law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property;and However,no person or organization is an insured (2) Until your legal representative has with respect to: been appointed, a, "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment;or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or The insurance afforded herein for any organization responsible for the conduct of subsidiary not shown in the Declarations such person is also an insured, but only with as a named insured does not apply to respect to liability arising out of the operation of the watercraft, and only if no other injury or damage with respect to which an insurance of any kind is available to that insured under this insurance is also an person or organization for this liability. insured under another policy or would be an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: limits of insurance. a. "Bodily injury" to a co-"employee" of the 9. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b• "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 8. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period,whichever is earlier;and Form SS 00 08 04 05 Page 11 of 24 The Hartford BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (ej Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement,or the issuance of the permit, with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendor's premises i additional Insured under this provision if such connection with the sale of thee person or organization is included as an product; additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or Ingredient of any additional Insured coverage grants in Section other thing or substance by or for F.—Optional Additional Insured Coverages. the vendor;or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization(s) (referred to damage" arising out of the sole below as vendor), but only with respect to negligence of the vendor far its own acts or omissions or those of "bodily injury" or "property damage" arising out of "your products" which are distributed its employees or anyone else acting on its behalf. However,this or sold in the regular course of the vendors business and only if this Coverage Part exclusion does not apply to; provides coverage for "bodily injury" or (I) The exceptions contained in "property damage" included within the Subparagraphs(d) or(f); or "products-completed operations hazard". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual course of business, in This insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only (c) Any physical or chemical change with respect to their liability for"bodily injury", "property in the product made intentionally na damage" or "personal andd advertising Injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to; of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) "Bodily injury" or"property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises; or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e, above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you;or (a) In connection with your premises; (c) In connection with"your work"and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (il) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or °'personal and advertising injury" 1.property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, personal and advertising injury' change orders, designs or arising out of the rendering of, or the drawings and specifications;or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications;or explosion. (b) Supervisory, inspection, 3. Each Occurrence Limit architectural or engineering Subject to 2.a, or 2.b above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section D. — Limits "property damage and medical expenses Of Insurance. arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations. is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E.—Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations. 1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the The Damage To Premises Rented To You Declarations and the rules below fix the most Limit is the most we will pay under Business we will pay regardless of the number of: Liability Coverage for damages because of a. Insureds; "property damage"to any one premises, while b. Claims made or"suits"brought; or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing "suits". temporarily occupied by you with permission of 2. Aggregate Limits the owner. The most we will pay for: In the case of damage by fire, lightning or explosion,the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the g How Limits Apply To Additional Insureds Declarations. b. Damages because of all other "bodily The most we will pay on behalf of a person or njury", "property damage" or "personal organization who is an additional insured and advertising injury", including medical under this Coverage Part is the lesser of: expenses, is the General Aggregate Limit a, The limits of insurance specified in a shown in the Declarations. written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political separately to each of your "locations" subdivision; or owned by or rented to you. b. The Limits of Insurance shown in the "Location" means premises involving the Declarations. same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad. Page 14 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or"suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3.above. (3) Cooperate with us in the investigation, settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the"suit", and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months,starting enforcement of any right against any with the beginning of the policy period shown in the Declarations, unless the policy period is extended person or organization that may be after issuance for an additional period of less than 12 liable the insured because of injury months. In that case, the additional period will be or damage which this insurance deemed part of the last preceding period for purposes may also appllyy,. of determining the Limits of Insurance, d. Obligations At The Insured's Own Cost E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own GENERAL CONDITIONS cost voluntarily make a payment, assume any obligation, or incur any expense, other I. Bankruptcy than for first aid,without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense,Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and indemnity. You or any additional insured must see to it that we are notified as soon as However, this provision does not apply to the extent that you have agreed in a practicable of an "occurrence" or an written contract, written agreement or offense which may result in a claim. To the extent possible, notice should include: permit non-contributory tr this insurance is primary and ibutory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs a. and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence"or offense. known to: b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or"suit" as soon as practicable, insured is a trust; or e. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7, Other Insurance insurance required by that law. b. With respect to "mobile equipment" to a other valid and collectible under is available fora loss we cover under this which this insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows: underinsured motorists, no-fault or other coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits for l' This insurance is primary except when b. those coverages. below applies. If other insurance is also 4. Legal Action Against Us primary, we will share with all that other No person or organization has a right under insurance by the method described in c. below. this Coverage Form: b. Excess Insurance a. To join us as a party or otherwise bring us into a "suit" asking for damages from an This insurance is excess over any of the insured;or other insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis: all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for"your work"; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of That is fire, lightning or explosion this insurance or that are in excess of the insurance for premises rented to you applicable limit of insurance. An agreed or temporarily occupied by you with settlement means a settlement and release of permission of the owner; liability signed by us, the insured and the claimant or the claimant's legal representative. (3) Tenant Liability 5. Separation Of Insureds That Is insurance purchased by you to cover your liability as a tenant for Except with respect to the Limits of Insurance, and any rights or duties specifically assigned to'property damage" to premises rented in this policy to the first Named Insured, this your temporarily occupied by you w insurance applies: with permission of the owner; a. As if each Named Insured were the only (4) Aircraft,Auto Or Watercraft Named Insured; and If the loss arises out of the maintenance b or use of aircraft, "autos"or watercraft to . Separately to each insured against whom a claim is made or"suit"is brought, the extent not subject to Exclusion g. of Section A.—Coverages. 6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of 'property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k, of Section A.— representations you made to us; and Coverages. Page 16 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of: you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance; or insurance. (7) When You Add Others As An We will share the remaining loss, if any,with Additional Insured To This any other insurance that is not described In Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares,we will follow Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid Its applicable limit of This insurance is primary If you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method,each share with all that other insurance insurer's share is based on the ratio of its by the method described in e. applicable limit of insurance to the total below. applicable limits of insurance of all insurers. (b) Primary And Moro-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not Paragraphs(a)and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional 'V"b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. W If the insured has waived any rights of When this insurance is excess, we will have no dutyunder this Coverage Part to recovery against any person or g organization for all or part of any payment, defend the insured against any"suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage. Form SS 00 03 04 05 Page 17 of 24 y m COMMON LILY CONDITIONS All coverages of this policy are subject to the following conditions. A. Cancellation (6) Failure to: 1. The first Named Insured shown in the (a) Furnish necessary heat, water, Declarations may cancel this policy by mailing sewer service or electricity for 30 or delivering to us advance written notice of consecutive stays or more, except w oancellatien, during a period of seasonal unoccupancy; or 41 2. We may cancel this policy by mailing or delivering to the first Named Insured written (b@ Pay property taxes that are owing notice of cancellation at least: and have been outstanding for H more than one year following the a. 5 days before the effective date of o cancellation if any one of the following date due, except that this conditions exists at any building that is provision will not apply where you are in a bona fide dispute with the Covered Property in this policy: taxing authority regarding payment N (1) The building has been vacant or of such taxes. ca unoccupied 60 or more consecutive b. 10 days before the effective date of days.This does not apply to: cancellation if we cancel for nonpayment (a) Seasonal unoccupancy; or of premium. * b s in the course of ( ) Buildings c. 80 days before site effective date of construction, renovation or cancellation if we cancel for any other addition, reason. Buildings with 65% or more of the rental 3, We will malt or deliver our notice to the first unfts or floor area vacant or unoccupied Named Insured's last mailing address known are considered unoccupied under this to us- provision. 4. Notice of cancellation vaill state the effective (2) After damage by a Covered Cause of date of cancellation. The policy period will end Loss, permanent repairs to the on that date. building: S. if this policy is canceled, we will send the first (a) Have not started; and Named Insured any premium refund due. ME (b) Have not been contracted for, Such refund will be pro rate. The cancellation within 30 days of initial payment of will be effective even if we have not made or offered a refund. lass. (3) The building has: 6. if notice is mailed, proof of mailing will be sufficient proof of notice. (a) An outstanding order to vacate; 7. it the first Named Insured cancels tills policy; (b) An outstanding demolition order; we will retain no less than $100 of the or premium. (c) Been declared unsafe by B. Changes governmental authority. This policy contains all the agreements between you (4) Fixed and salvageable items have and us concerning the insurance afforded. The first been or are being removed from the Named Insured shown in the Declarations is building and are not being replaced, authorized to make changes in the terms of this policy This does not apply to such removal with our consent. this poilcy's terms can be that is necessary or incidental to any arnended or waived only by endorsement issued renovation or remodeling. by us and made a part of this policy. Form SS 00 65 12 06 Pago 't of 3 © 2006, The Hartford COMMON POLICY CONDITIONS C. Concealment, Misrepresentation Or Fraud I. Premiums This policy is void in any case of fraud by you as it 1. The first Named Insured shown in the relates to this policy at any time. It is also void if you Declarations: or any other insured, at any time,intentionally conceal a. Is responsible for the payment of all or misrepresent a material fact concerning: premiums; and 1. This policy; h. Will be the payee for any return premiums 2. The Covered Property; we pay, 3, Your Interest in the Covered Property; or 2. The premium shown in the Declarations was d. A claim underth#s policy. computed based on rates in effect at the time the policy was issued. If applicable, on each D. Examination Of Your Books And Records renewal, continuation or anniversary of the We may examine and audit your books and effective date of this policy, we will compute records as they relate to the policy at any time the premium in accordance with our rates and during the policy period and up to three years rules then in effect. afterward. 3. With our consent, you may continue this policy E. Inspections And Surveys In force by paying a continuation premium for We have the right but are not obligated to: each successive one-year period. The premium must be: 1. Make inspections and surveys at anytime; a. Paid to us priorto the anniversary date; and 2, Give you reports on the conditions we find; and b. Determined in accordance with Paragraph 3. Recommend changes. 2.above. Any inspections, surveys, reports or Our forms then in effect wvli apply. If you do recommendations relate only to insurability and the not pay the continuation premium, this policy premiums to be charged. We do not make safety will expire on the first anniversary date that we inspections. We do not undertake to perform the duty have not received the premiurn. of any person or organization to provide for the health q Changes in exposures or changes in your or safety of any person. And we do not represent or warrant that conditions: business operation, acquisition Don use of locations that are not shown in the Declarations 1. Are safe or healthful; or may occur during the policy period. If so,we may 2. Comply with laws, regulations, codes or require an additional premium. That premium will standards. be determined in accordance with our rates and This condition applies not only to us, but also to rules then in effect, any rating, advisory, rate service or similar J. Transfer Of Rights Of Recovery Against Others organization which makes insurance inspections, To Us suiveys, recods or recommendations. Applicable to Property Coverage: F. Insurance Under Two Or More Coverages If any person or organization to or for whom we If two or more of this po!icy's coverages apply to make payment under this policy has rights to the same loss or damage, we will not pay more recover damages from another, those rights are than the actual amount of the loss or damage. transferred to us to the extent of our payment. G, Liberalization That person or organization must do everything necessary to secure our rights and must do if we adopt any revision that would broaden the nothing after loss to impair them. But you may coverage under this policy without additional waive your rights against another party in writing: premium within 45 days prior to or during the policy 1. Prior to a loss to your Covered Property. period, the broadened coverage will immediately apply to this policy, 2, After a loss to your Covered Property only if, at H, Other Insurance -Property Coverage time of loss,that party is one of the fallowing: if there is other insurance covering the same loss a, Someone insured by this Insurance; or damage, we will pay only for the amount of In. A business firm: covered loss or damage in excess of the amount (1) Owned or controlled by you; or due from that other insurance, whether you can collect on it or not. But we will not pay more than (2) That owns or controls you; or the applicable Limit of Insurance. Page 2 of 3 Form SS 00 05 12 06 COMMON POLICY CONDITIONS a c. Yourtenant. L Premium Audit You may also accept the usual bills of lading or a. We will compute all premiums for this policy in shipping receipts limiting the liability of csrrlers. accordance with our rules and rates. This will not restrict your Insurance. b. The premium amount shown in the K. Transfer Of Your Rights And Duties Under This Declarations is a deposit premium only. At the Policy close of each audit period we will compute the Your rights and duties under this policy may not be earned premium for that period. Any transferred without our written consent except in additional premium found to due as a result the case of death of an Individual Named insured, the the audit are due and payable notice fa the first Named Insured. If the deposit If you die, your rights and duties will be transferred premium paid for the policy term is greater to your legal representative but only while acting than the earned premium, we will return the within the scope of duties as your legal excess to the first Named Insured. o representative. Until your legal representative is c. The first Named insured must maintain all appointed, anyone having proper temporary custody of your property will have your rights and records related to the coverage provided by this policy and necessary to finalize the duties but only with respect to that property. premium audit, and send us copies of the m same upon our request. 0 0 w N N H Our President and Secretary have signed this policy. Where required by law,the Declarations page has also been o countersigned by our duly authorized representative. ° QonsidC.Hont,swroaly Juan Andrade,President Farm SS 00 05 12 06 page 3 of 3 SUPER STRETCH SUMMARY SUMMARY OF COVERAGE LIMITS This is a summary of the Coverages and the Limits of Insurance provided by the Super Stretch Coverage form SS 04 74 which is included in this policy. No coverage is provided by this summary. Refer to coverage form SS 04 74 to determine the scope of your insurance protection. c The Limits of Insurance for the following Additional Coverages are in addition to any other limit of insurance provided under this policy: Blanket Coverage Limit of Insurance: $150,000 Blanket Coverages Accounts Receivable-On/Off Premises N Computers and Media Debris Removal o Personal Property of Others o Temperature Change Valuable Papers and Records-On/Off Premises Coverage Limit ® Brands and Labels Up to Business Personal Property Limit Claim Expenses $ 10,000 Computer Fraud $5,000 Employee Dishonesty(Including ERISA) $25,000 -- Fine Arts $25,000 Forgery $25,000 Laptop Computers-Worldwide Coverage $ 10.000 Off Premises Utility Services—Direct Damage $25,000 Outdoor Signs FLIII Value Pairs or Sets Up to Business Personal Property Limit Property at Other Premises $ 10,000 Salespersons' Samples $ 5,000 Sewer and Drain Back Up included Up to Covered Property Limits Sump Overflow or Sump Pump Failure $25,000 Tenant Building and Business Personal Property $20,000 Coverage-Required by Lease Transit Property in the Care of Carriers for Hire $ 10,000 Unauthorized Business Card Use $ 5,000 Form SS 34 15 09 07 Page 1 of 2 Oc 2007, The Hartford The Limits of Insurance for the following Coverage Extensions are a replacement of the Limit of Insurance provided under the Standard Property Coverage Form or the Special Property Coverage Form, whichever applies to the policy: Coverage Limit Newly Acquired or Constructed Property—180 Days Building $1,000,000 Business Personal Property $500,000 Business Income and Extra Expense $500,000 Outdoor Property $25,000 aggregate/$1,000 per item Personal Effects $25,000 Property Off-Premises $25,000 The following changes apply only if Business Income and Extra Expense are covered under this policy. The Limits of Insurance for the following Business Income and Extra Expense Coverages are in addition to any other Limit of Insurance provided under this policy: Coverage Limit Business Income Extension for Off-Premises Utility Services $25,000 Business Income Extension for Web Sites $50,C0017 days Business Income from Dependent Properties $50,000 The following Limit of Insurance for the following Business Income Coverage is a replacement of the Limit of Insurance provided under the Standard Property Coverage Form or the Special Property Coverage Form, whichever applies to the policy: Coverage Limit Extended Business Income 90 Days The following changes apply to Lass Payment Conditions: Coverage Limit Valuation Changes Commodity Stock Included "Finished Stock" Included Mercantile Stock- Sold Included Page 2 of 2 Farm SS 84 15 09 07 Exhibit A-7 Scope of Work Project No. LA 8128 see_al�arhP Documents To Be Furnished By The Consultant Plans, hridup, cn riai prnvi¢inn¢ an l rnct PStirnate fnr t1,P prnjrrt DOT Fur)140-080 EF Exhibit A-1 Revised 6i05 EXHIBIT A-1 SHEARER DESIGN LLC.SHEARER DESIGN ! tic mm WE Bridge Design,Construction Engineering and Infrastructure Aesthetics 3813Seattle,WA 98103 (206)781-7830 September 26, 2013 City of Kent 400 W Gowe Kent,WA 98032 (253)856-5500 Subject: Interurban Trail Bridge Attn: Nick Horn Dear Nick: We are happy to provide engineering services for the City of Kent's Interurban Trail Bridge. The following scope of services details the engineering for this project. 'cask 1 —Structural Design General.This task shall encompass design and engineering as needed for the new pedestrian bridge over Mill Creek, Shearer Design will perform a preliminary layout task and discuss findings with the City prior to proceeding with PS&E design. During PS&E design, Shearer Design will perform the necessary engineering and drafting for the bridge to produce "30W, '90W, and "Final" plans, specifications and engineer's construction cost estimates. Bridges and structures will be designed in conformance with the following: AASHTO LRFD Bridge Design Specifications, 6"Edition, with latest interim revisions ® AASHTO LRFD Guide Specifications for the Design of Pedestrian Bridges, 2nd Edition j All CAD work will be prepared using Auto CAD 2014. 1.1 Project Management. Shearer Design will provide project management and administration necessary to perform this scope of services, including the following: • Provide monthly invoices • Attend project meetings with the City • Visit the project site • Coordinate project activities with other project members, including City staff and other City consultants (e.g. geotechnical) 1.2 Preliminary Layout.After delivery of the project topographic survey by the City, Shearer Design will perform the following in order to determine the basic orientation of the bridge, including approximate alignment and bridge length, prior to proceeding to the 30%design phase: Review the provided survey information ® Determine layout options for the bridge alignment across Mill Creek Discuss layout options with the City 1.3 30% Design.After the preferred alignment is determined by the City as a result of the Preliminary Layout task,the following items of work will be performed to bring the design to the 30% design level: • Finalize bridge layout • Review draft geotechnical recommendations for substructure design • Develop abutment type and size • Prepare 30%level drawings showing bridge plan, elevation and typical section views • Prepare a 3D% level engineer's construction cost estimate. "This includes calculating and compiling quantities and unit costs for the bridge bid items that correspond to the bridge plans. 11SHEARERSERVERID-Drive\ADiv11N1Job ContractslC-02631nlenuban irOW253 Kcnt Interurban Trail Bridge Scope.docx ! SHEARER DESION LLCe SHEARER DESIGN tic mans Bridge Design, Construction Engineering and Infrestructure Aesthetics 3613 Phlnney Ave N#A Seattle,WA 98103 (206)781-7830 • Permit Assistance-Provide drawings and quantities related to the bridge as required for environmental and building permits prepared by the City Deliverables: • 30% Plans (11"x17" PDF format) . 30% Engineer's Construction Cost Estimate(8.5"x11" PDF and Excel formats) . Drawings and quantities for permits 1.4 90% Bridge Plans,Specifications and Estimate(PS&E).After the City has reviewed the 30% bridge plans and estimate, the following items of work will be performed to bring the design to the 90% design level: • Incorporate the City's 30% review comments • Review final geotechnical report • Superstructure design calculations • Substructure design calculations • Update bridge plan, elevation and typical section views to the 90% level and develop plan details for all necessary bridge components to the 90%level • Update the engineer's construction cost estimate to the 90% level. This includes updating quantities and unit prices, and adding or removing items as needed that correspond to the bridge plans and specifications. Prepare draft special provisions for bridge items for the City's use in developing the overall project specifications • Permit Assistance-Revise drawings and quantities as needed for environmental and building permits prepared by the City Deliverables: . 90% Plans(11"x17" PDF format) • 90% Engineer's Construction Cost Estimate (8.5"x11" PDF and MS Excel formats) • 90% Bridge Special Provisions (MS Word format) . Revised drawings and quantities for permits, as required 1.5 Final Bridge Plans,Specifications and Estimate(PS&E).After the City has reviewed the 90% PS&E, the following Items of work will be performed to finalize the PS&E documents: • Incorporate the City's 90% review comments • Finalize design calculations • Finalize the bridge plans • Finalize the engineer's construction cost estimate • Finalize the special provisions for bridge items for the City's use in developing the overall final project specifications. Deliverables: . Final Plans (11"x17" PDF format) . Final Engineer's Construction Cost Estimate (8.5"x11" PDF and IVIS Excel formats) . Final Bridge Special Provisions (MS Word formal) 'rank 2 -Construction Services Shearer Design will provide the following services in support of the bridge construction: • Review shop drawings • Respond to contractor requests for information (RFI)as needed for questions regarding the bridge construction • Site visit for special inspection, final walkthrough or other needs as requested by the City 11SHEARERSERVER\D-DriveIAEMIN1Jub Corti actslC-0253 Interurban trai110253 Kent Interurban Trail Bridge Scope.doex i SHEARER DESIGN LLC. SHEARER DESIGN tEO NoWN Bridge Design,Construction Engineering and Infrastructure Aesthetics 3813 Phtnney Ave N#A Seattle,WA 98103 (206)781-7830 Deliverables: Reviewed Shop Drawings(PDF format) • Responses to RFt(Email) Items not included in this proposal and to be provided by the City and their other consultants: • Site topographic survey • Wetland Delineations • Geotechnical foundation report • Utility design • Hydraulic Analysis • Permit Application • Preparation of bid contract documents Please see the enclosed spreadsheet for a summary of our estimated cost and hours for this project. We look forward to working with you again on this exciting project. If you have any questions please feel free to call. Sincerely, David R. Shearer S.E. -17� Principal SHEARER DESIGN 11SIIEARERSERVERID-DriveIADMINtJob Conlracis10-0253 Interurban traiR0253 Kent Interurban Trail Bridge Scope.docx i �I � I COMPENSATION Shearer Peslgn w-c. Task Estimate Shavrereesl n RBB 781--WD _ Prn em _ CI of Kent Into urban Trall Bridge __ 0419 9f2G2013 GI owns Nick Hom - Pre eratla -- -.. CRS 253 BBe-552B Task1 Sfrudwl G991gn $29"5 _-- ___ — Taek2 GonStruction - - I$39847 I Sheerer Cccign tkC Pr feealonal SnMws Agreement I poh�PEN5H11fIN Shearer Deeign ar., Teek Es IMM. I I sn=�a=man- xoe ie+aeso- . — Pro I City of Kentfntarurb Trail 6dd e _ "n _ or<srz l oLy olxmi xn - R tlB _ � CPS 9W Ilx J/Ba _. w ... E Fnr<Ileer — ' 6 ECd - fiA.99 Al fi 514.10 r-- _ — N L M IkY to PI I I e -- _._ - ��ppe%mean — cviI=Im.rP Ww_ s imo FOJzw _ 1 Y E _ - __ lalom� - R L1 4 _ — ___ O'sv_ceAweu\poN=N\rYJi fiY_ R rn+l. vmlrsy or=n c<rema -aerme + i" — �N otlTypf 45be _ 1 L _ I 1.19TG F58e 11... E] a2 - —�- -- .uhah=Ne]..9n CNn'IeAane aE � _ _ �. --Plaee R 11 -41 cu 9 iFSfl xle � 4 I-. " e HaIP Nlaie _ _. - Porrtrywleace a Po'n)mmm.ne --- CPdpd n.... ..... x s9nrdPml=an= I d __ _ouan5tlee rsNmalo_ - _d " _ Sub io\ee _ Oi 19fi 0 ei�F�p ncbe e117,0A 5100.fie� 9el?0 i1L.40 09 3143a160 ]V.09 0 PB,40 Gmlola'a Lo1rI R1F RA ehdSO 1me role L 610Peae i5 o.5e�46xe� _ Fp PIN ele a Nti tl tll OII.Pa'•el _"- Cef ILi Il31 eeN HP __ _ -- - g i 41.1E...- _ i Sub[ I,n15 I — sx nuu en=n.r c=xea uc Pmruelonnl[oM:-+=Ap'ee.o=9 I I i GPIAMNSATION - Sneerer Design 4a Tash E,tlmale Wueeo _ al .e CI of Kontlnlarurhan WWI Bnd s we— urn S" Enm N�ck H .re...es nvs __ "— Iss@<z7�-aeo smo Prmea slv sN4'F el F n e�.en ev .� __ amrzm s+w.eE ro.xo —� orrt2 E ssdeM W.IWm 'uaM3 M6e.NiCW 1a 3J ,Ec ns4ue 11 E _ 9Y4 xl1�— B " Eue TeIW zo a+' E o ewnE nmo= slsxsE smsse s slue ;.,,oE a�esn�E s,oE uoo aum+s mn rola soon n ss.yE_ al6�e. aao raw 'Irl nl p' 1 InR�E H.Rasj cea F e tx n ti �,mse turd xtss 6ea oDsel pl Ll.e p ole eS.rN Serv:ea'P6/c tlna cl I �I I I — N p N N I a � r is Lo .... .. r ...... :.. ...... .,.a.. .. ... a tz 8 N � M ... .,,. .... .. .. .. N G c a a N. � i N L N N D O a N a € z _ � N .. :.:. . ......, .. ....... .. :. ., ,...... .........::.:.... O N N— M �Of y G ro a F O � ' a E B n � ° V N O O m ❑ o w: �L N I{v� d � h r _ ....,. :. ..i. .. (e) N e I u7i 9 � N ro [ m C C N 4 = E N w O = K O 9 rq U yVN a pt °a a v_ qq� 10 U a.� W � i� m U c m NW Eu � i � Y G w = N = 5 m N � C m ei N` N U 8� m ' Exhibit C Electronic Exchange of Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design&Plans Preparation Section A. Survey Data --91 B. Roadway Design Files '0G4 C. Computer Aided Drafting Files ,®� `D D. Specify the Agency's Right to Review Product with the Consultant E. Specify the Electronic Deliverables to Be Provided to the Agency..�OoNt --, rY y�.G1-�tvq� F. Specify What Agency Furnished Services and Information Is to Be Provided L,0UVk L- L" skc-To Ebb+ $�1 . 11. Any Other Electronic Files to Be Provided C 7 'lStl 111. Methods to Electronically Exchange Data A. Agency Software Suite --• bA% �5gy CE i ZO t0 B. Electronic Messaging System ;j tKNt%,L- C. File Transfers Format - 1r,16t-Z, A✓ , JF'6r,. DOT Form 140-063 EF Exhibit C Revised 6/05 Exhibit C7-5 Payment (Cost Per Unit Of Work) 1, When the AGENCY requests that a project be undertaken,the CONSULTANT shall prepare a fee proposal based upon a typical scope of work Upon agreement by the AGENCY and the CONSULTANT upon a scope of work and related fee,a maximum encumbrance, inclusive of expenses, will be established, to serve as a maximum amount payable for the project For accounting purposes,the CONSULTANT will be paid by the AGENCY for work done,based upon mutually agreed unit rates for work defined in Exhibits D and E The listed rates shall be applicable throughout the life of this AGREEMENT The rates axe inclusive of actual salaries, overhead, profit,tools,materials, and equipment necessary or incidental for the completion of the AGREEMENT work Compensation for the following expenditures will be allowed when these costs are incurred directly in fulfilling the terms of this AGREEMENT, 2. The maximum total amount:payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown on page I of dus AGREEMENT, unless a supplemental AGREEMENT has been negotiated and executed_by the AGENCY prior to incurring any costs in excess of the maximum amount payable 3. The CONSULTANT may subnut invoices to the AGENCY not more often than once per month during the progress of the work for partial payment of work completed to date Tho invoices will mdicatc the units of work completed each day during the invoice period in addition to the previous total Direct nonsalary costs, such as travel,reproduction,telephone,supplies, and computer costs, shall be supported by an original or a copy of the invoice or billing instrument the CONSULTANT received for payment For example,a copy of the telephone company's itemized listing showing each call is necessary to veruy the billing for long distance telephone calls Such invoices will be checked by the AGENCY and payment will be made in full for the amount thereof as has been found to represent tlxe value of the completed work,less the amounts previously paid l Exhibit E-1 Consultant Fee Determination —Summary Sheet (Lump sum, Cost Plus Fixed Fee, Cost Per Unit Work) Project: Kent Regional Trail Connector DIRECT SALARY COST (DSC): Classification Man Hours Rate = Cost Principal _87 x _$55.00_ $4,785.00 Senior Engineer _160 x _$44.00_ $7,040.00 Staff Engineer _86 x _$31.00_ $2,666.00 x $0,000.00 x $0,000.00 x $0,000.00 x $0,000.00 x $0,000.00 TOTAL DSC = $ 14,491.00 OVERHEAD (OH cost- including Salary Additives): OH Rate x DSC of 110 % x $14,491.00 = $ 15,940,00 FIXED FEE (FF): FF Rate x DSC of 30 % x $ 14,491.00 = $ 4,347.30 REIMBURSABLE& Itemized Mileage $ 68.70 SUBCONSULTANT Cst4(See Exhibit G): $ 0.000.00 GRAND TOTAL _ $ 34 847.00 PREPARED BY: - a DATE: c ARM A DESIGN ii Bridge Design, Construction Engineering and Infrastructure Aesthetics 3613 Phinney Ave N#3 Seattle,WA 98103 (206)781-7830 December 17, 2013 Kent Public Works Department 400 West Gowe Kent, VVA 98032 Attn: Nick Horn.. RE: Kept Peg-nal Trail'Connector Task Billing:sates . Dear Mr. Horn: Please consider this leite.tc be a statement of rates for Shearer Design �t C. 3t covers consulting work for the ; "Kent Regional Trail Connector Contract LA 8128 " s worer Design LLC is a four-person firm with P�o calcalatad overhead rate. We charge a flat hourly fee for services that is all-inclusive of direct salary, overhead and fee. The hourly fees offered for this contract are the lowest fees we offer for preferred clients. I also confirm that all direct nonsalary costs will be invoiced without mark-up. PriP,cpai - $132.00 • Sr. Engineer -$105.60 • Project Engineer - $91.20 • Staff Engineer& CAD - $74.40 Shearer Design LLC will comply with the rules and regulations regarding travel costs in accordance with Washington State Department of Transportation Accounting Manual M13-82, Chapter 10 Travel Rules and Procedures, and revisions thereto. Please call David Shearer (206) 781-7830 if you have any questions. Sincerely, David Shearer S.E. Exhibit F Breakdown of Overhead Cost Account Title $ Beginning Total % of Direct Labor Direct Labor Overhead Expenses: FICA Unemployment Health/Accident Insurance Medical Aid & Industrial Insurance Holiday/Vacation/Sick Leave Commission/Bon us/Pension Total Fringe Benefits General Overhead: State B&O Taxes Insurance Administration &Time Not Assignable Printing, Stationery & Supplies Professional Services Travel Not Assignable Telephone &Telegraph Not Assignable Fees, Dues & Professional Meetings Utilities & Maintenance Professional Development Rent Equipment Support Office, Miscellaneous & Postage Total General Overhead Total Overhead (General + Fringe) Overhead Rate (Total Overhead / Direct Labor) DOT Form 140 089 EF Exhibit F Revised 6/05 Exhibit H Title VI Assurances During the performance of this AGREEMENT,the CONSULTANT,for itself, its assignees,and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY,Title 49, Code of Federal Regulations,Part 21, as they may be amended from time to time (hereinafter referred to as the"REGULATIONS"),which are herein incorporated by reference and made a part of this AGREEMENT. 2, Non-discrimination: The CONSULTANT,with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment.The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants,Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration(FHWA)to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information,the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT'S non-compliance with the non- discrimination provisions of this AGREEMENT,the AGENCY shall impose such AGREEMENT sanctions as it,the STATE or the FHWA may determine to be appropriate, including, but not limited to: Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140-089 GF Exhibit H Revised M5 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs(1)through (5) in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS,or directives issued pursuant thereto.The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however,that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction,the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition,the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition,the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsatary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form 140-089 EF Exhibit I Revised 6/05 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step I—Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s),the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects,the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2-Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s)and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs,records of labor,materials and equipment. Step 3—Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design crror(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel(including sub-consultants) deemed appropriate for the alleged design en-or(s) issue. Step 4—Attempt to Resolve Alleged Design Error with Consultant After the meeting(s)with the consultant have been completed regarding the consultant's alleged design error(s),there are three possible scenarios: It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s)occurred. If this is the case,then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H&LP,through the Region DOT Form 140-089 EF Exhibit J Revised 6/05 Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements.No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s)issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant', proceed to Step S. Step 5 —Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the SHWA. H&LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary,H&LP will request assistance from the A(torney General's Office for legal interpretation. H&LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H&LP, in consultation with FT IWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached,the agency and consultant may seek settlement by arbitration or by litigation. Exhibit K Consultant Claire Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than$1,000. If the consultant's claim(s) are a total of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claims) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 —Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work,they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs,profit and reimbursable costs associated with the additional work and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2—Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1,the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FIIWA is participating in the project's funding,forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager,Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs(if applicable), and FHWA(if applicable)agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved,the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim.Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. DOT Form 140-089 EF Exhibit K Revised slay If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3—Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim,the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; Any correspondence that directed the consultant to perform the additional work; ® Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4—Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval(as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation,payment will need to be from agency funds. Step 5—Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify(in writing)the consultant of their final decision regarding the consultant's claim(s).Include the final dollar amount of the accepted claim (s) and rationale utilized for the decision. Step 6—Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Exhibit M-1(a) Certification Of Consultant ProjectNo. LA 8128 p� Local Agency I hereby certify that I am and duly authorized representative of the firm of Shearer Design LLC whose address is 3613 Ph inney Ave. N., Suite A, Seattle, WA 98103 and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person(other than a bona fide employee working solely for me or the above CONSULTANT)to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract,to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay,to any firm, organization or person(other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for,or in connection with,procuring or carrying out this AGREEMENT; except as hereby expressly stated(if any); I ackriowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration,U.S. Department of Transportation in connection with this AGREEMENT involving participation of FgXdcra-aid highway funds, and is subject to applicable State and Federal laws, both criminal and�'Vil. Date Signature DOT Form 140-089 EF Exhibit M-1(a) Revised 6l05 Exhibit M-1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Kent Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any firm or person; or (b) Pay, or agree to pay,to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated(if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway fiords, and is subject to applicable State and Federal laws,both criminal and civil. 6 ate rr, Signature DOT Form 140-089 EF Exhibit M-1(b) Revised 6105 Exhibit M-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions L The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended,proposed for debarment, declared ineligible,or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a thrcc-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(federal, state, or local)transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement,theft,forgery, bribery, falsification or destruction of records,making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal, state, or local) with commission of any of the offenses enumerated in paragraph (I) (B). of this certification; and D. Have not within a three(3)year period preceding this application/proposal had one or more public transactions(federal, state,or local)terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant(Firm): Shearer Design LLC p (Date) (Signature)President or Authorized Official of Consultant DOT Form 140-089 EF Exhibit M-2 Revised 8105 Consultant/Address(Telephone Supplemental Signature Shearer Design LLC Page for 3613 Phinney Ave. N., Suite#A Standard Consultant Seattle, WA 98103 Agreement Agreement Number Project Title And Work Description LA 8128 t-Rrc oss T Kent Ilggi93�Trai1 Connector Federal Aid Number CM-0615(008) Provide structural design engineering services Local Agency for the new pedestrian bridge over Mill Creek. City of Kent 9 THIS AGREEMENT, made and entered into this ;arvx day of a� 2014 between the Local Agency of City of Kent I Washington, hereinafter called the "AGENCY" , and the above organization hereinafter called the"CONSULTANT". In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. CONSU TANT n LOCAL AGENCY I pr By By / 1 Consultant Shearer Design LLC Agency/'City o Kent By By Consultant Agency By Agency By Agency DOT Pofm 140-089 EFAppendix31.910 Revised 8/05 Agenda Item: Consent Calendar - 7E(3) TO: City Council DATE: December 10, 2013 SUBJECT: Kent Regional Trail Connector Consultant Agreement with Shearer Design for Structural Engineering Services - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Shearer Design in an amount not to exceed $34,847.00 to provide structural engineering services for the Kent Regional Trails Connector Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Public Works Department competed for and was successful in obtaining a $1,125,368 federal grant for the Kent Regional Trails Connector project. This project will construct a new, multi-use trail connecting the existing Green River Trail to the Interurban Trail. The trail location will be adjacent to the Green River Natural Resources Area and will include the installation of rectangular rapid flashing beacons at 64"' Avenue and 72"J Avenue and a new pedestrian signal at the crossing of West Valley Highway. A new pedestrian/bicycle bridge will be constructed across Mill Creek on the east end connecting to the Interurban Trail. This project will require the services of a structural engineer to design a new bridge over the drainage ditch adjacent to the Interurban Trail, and Public Works staff would like to retain the services of Shearer Design to perform this work. EXHIBITS: Scope of Work RECOMMENDED BY: Public Works Committee YEA: Higgins - Ralph - Albertson NAY: BUDGET IMPACTS: Funding for this work will be provided by a federal grant from Federal Highway Administration (FHWA) for $1,125,368.00. The City's funding match will be $175,635.00. REQUEST FOR MAYOR"S SIGNATURE I��TBT Please Fill in All Applicable Boxes sewed by Director originator's Name: Nick Horn Dept/Div. Engineering/Design Extension: 5529 Date Sent .'' Date Required t Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 8/31/14 VENDOR: Shearer Design LLC DATE OF COUNCIL APPROVAL: 11 9/13 iz, r ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached agreement is for Shearer Design to provide structural design services for the new pedestrian bridge over Mill Creek for the Kent Regional Trail Connector Project. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: ,€ �,,.r 4 Approval of Law Dept„ xa Law Dept. Comments a/ihr ��� '4"1.' J '• Date Forwarded to Mayor: # ; Shaded Areas To B istration Staff Received: J j 2014 � Recommendations and Comments: CITY OF KENr A V�T$ffi Disposition. %�9. � ` r;� -%- '�-�- ^- �'' f°� /) i t f Kent av' ' y,, C"ce tit the Mayo,, Date Returned: