Loading...
HomeMy WebLinkAboutPW14-087 - Original - Northwest Hydraulic Consultants, Inc. - Horseshoe Bend Levee Milwaukee II Extension - 04/15/2014 IF Records Management , ��,KcNO Document WA9HINGTGN ate. 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: Northwest Hydraulic Consultants Inc. Vendor Number: ]D Edwards Number Contract Number: VW 'qOW 0 This is assigned by CityClerk's Office Project Name: Horseshoe Bend Levee Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Madfai Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Conduct hydraulic analysis for the Milwaukee II extension. 5•Public\RecordsManagement\Forms\Contrac[Cover\adcc7832 11/08 KENT V'/g 5 H 1 N G T l N CONSULTANT SERVICES AGREEMENT between the City of Kent and Northwest Hydraulic Consultants Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Northwest Hydraulic Consultants Inc. organized under the laws of the State of Washington, located and doing business at 16300 Christensen Road, Suite 350, Seattle, WA 98188-3418, Phone: (206) 241-6000/Fax: (206) 439-2420, Contact: Vaughn Collins (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall conduct hydraulic analysis for the Horseshoe Bend Levee Milwaukee II Extension. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirteen Thousand, Five Hundred Thirty Four Dollars ($13,534.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. i CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) . r , B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including reasonable legal costs and attorney fees, only to the extent resulting from the Consultant's negligent performance of this Agreement. The City shall indemnify the Consultant to the extent that injuries and damages are caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) other'representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: TO{9 N Pri Na uzette Cooke Its 'PFar4C.%al-, It Ma or (title) DATE: `F 7 2,6L� DATE: z NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Vaughn Collins Timothy J. LaPorte, P.E. Northwest Hydraulic Consultants Inc. City of Kent 16300 Christensen Rd., Suite 350 220 Fourth Avenue South Seattle, WA 98188-3418 Kent, WA 98032 (206) 241-6000 (telephone) (253) 856-5500 (telephone) (206) 439-2420 (facsimile) (253) 856-6500 (facsimile) 7ED AS FO M: � Kent Law Departmen NHC-Horseshoe Bend 4/Madtat CONSULTANT SERVICES AGREEMENT - 5 (Over $10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. For: N �( �aJ L.1 G rJ 3��-C� ►'Y S Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract pP Compliance Officers will be appointed by the Directors of Planning, Parks, and Public P Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I. the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A Scope of Work-Hydraulic Analysis for Levee Accreditation-Milwaukee H Extension March 19,2014 i NHC will conduct analyses of the Milwaukee 11 Extension levee pursuant to a obtaining a FEMA accreditation of the levee (additional analyses and accreditation to be done by others). This section of levee is under stood to extend from the recently built Foster Paik levee, aci oss the Union Pacific Railroad, to 3'n Avenue South,tying into the Horseshoe Bend levee/floodwall. NHC's work will draw heavily from previous Horseshoe Bend CLOMR work. It is anticipated that the interior drainage analysis and hydraulic models prepared foi that CLOMR are applicable to the current work and no new model runs or interior drainage analysis are required. Key tasks will be to use prior model results and draft a memorandum describing the project and its impact,prepare GIS work maps and Annotated FIRMs in the aiea impacted, and prepare relevant sections of the MT-2 form. Follow-up coordination with FEMA will also be required. The major source of uncertainty in this analysis is the regulatory status of the other levee segments for _ which CLOMRs have been submitted. This budget reflects the assumption that the remainder of the Hoi seshoe Bend Levee is accredited(upstream of the current area of interest),but levees downstream are not yet accredited,and that the current discussion with FEMA and the STARR team regarding tie-in to the effective maps does not result in a requirement to change the previously submitted mapping format. This assumption allows us to use the prior hydraulic model and intenor drainage results Deliverables will include a memorandum documenting methods and results of the hydraulic analysis (performed previously) in a format suitable for inclusion in a CLOMR application requesting levee accreditation(application to be prepai ed by others). The memorandum will include both the flood mapping revisions and pertinent hydraulic information needed for the geoteclmical analysis GIS files of the remapped floodplain will be delivered on a DVD,and full size hard copies printed for CLOMR submittal I All work required to submit the initial CLOMR application to FEMA shall be completed within 30 days after Notice to Proceed. FEMA follow up coordination will depend upon FEMA's review schedule. nhc•-Northwest Hydraulic Consultants Inc Estimats of Professional Services i16300 Christensen Road,Suite 350 Prepared for City of Kent Seattle,WA 98188-3418 Project Milwaukee II Levee Extension CLOMR Tel (206)241-6000 Date. 03/14/14 _ Fax(206)439-2420 ,Project#: Prepared By, Anderson _ Staff Hours - - --- - -- - - Contract TASKDESCRIPTION Prin Sr.Eng.I Eng 2 Jr.Eng _ GIS Tech. Admin Totals General Tasks - Scopng/Approach Confirmation _ 2 4 _ $850 Review existing model results 2 8 $1,330 Update warkmaps and annotated if RMs 1 2 8 _- _ _ $1,565 Hydraulic Report&MT-2 1 6 12 _ _ _ $2,785 FEMA follow-up coordination 24 16 _ - $6,360 Project Administration _ -- _ 1 _ - - - - 1 '360 $0 Total Hours _ 3 36 48 _ 0 T$75 1 Labor Rate($/hr) _ _ $235 $18S $120 _ __ $95 _$125 ttt TOTALLABORCOST $705 $6,660 $5,760 $0 $125 $13,250 • k Direct Expense Detail Units Rate Cost Reproduction&Communication 250 00 $ 100 $ 250 Mileage _ _ - 60 $ _ _0561 $34 TOTALDIRECT EXP ENS ES + $284 r a r• �Y� ,Yfn ri I/,v^ `;N;^4Y {•`r� t Cost Summar Total Labor _ $13,250 Total Direct Expenses TOTALCOST $13,534 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $5,000,000 per claim and $5,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. ^� NORTH34 OP ID: NN CERTIFICATE OF LIABILITY INSURANCE DA04/09/2014TE ) 04/09/2014 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(res)must be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s) PRODUCER CONTACT Griffith/Rush Drake Insurance NAME FAX PO Box 27167 A/C No Ext AIC Na 12354 Lake City Way NE E-MAIL Seattle,WA 98125 ADDRESS Mike Griffith INSURER(S)AFFORDING COVERAGE NAIC# INSURER The Hartford Casualty Ins Co INSURED Northwest Hydraulic INSURERS Consultants, Inc 16300 Christensen Rd#350 INSURER C Tukwila,WA 98188 INSURER INSURER E INSURER F COVERAGES CERTIFICATE NUMBER 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 LTR TYPE OF INSURANCE POLICY NUMBER MMIDDYYYY MMIDD YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY 52UUNPX0936 j 06/30/2013 06/3012014 DAMAGE TO RENTED PREMISES Ea ocarr nce $ 300,00 CLAIMS-MADE FXIOCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,00 POLICY FXI PRO LOG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,DD0,000 Ea accident $ A X ANY AUTO 52UUNPX0936 ,f 06/30/2013 06/30/2014 BODILY INJURY(Per person) $ ALL OWNED A OS SCHEDULED AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS PER ACCIDENT $ + X UMBRELLA LIAB X 1 OCCUR EACH OCCURRENCE $ 5,000,00 A EXCESS LIAB CLAIMS-MADE 52XHUUS3412 06/30/2013 06/30/2014 AGGREGATE $ 5,000,00 DED I X RETENTION$ 10,000 $ WORKERS COMPENSATION WCSTATU- X OTH- AND EMPLOYERS'LIABILITY / TORY LI^.1,TS ER A ANY PROPRIETORIPARTNERIEXECUTIVEYIN 52UUNPX0936 06/30/2013 06/30/2014 EL EACH ACCIDENT $ 1,000,00 OFFICERIMEMBER EXCLUDED9 NIA (Mandatory in NH) A STOP GAP EL CISEASE-EA EMPLOYE $ 1,D00,00 If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT S 1,000,00 DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: Horseshoe Bend Levee Milwaukee II Extension The City of Kent is listed as primary non-contributory additional insured as pertains to the work and services performed by the named insured only per form HG 00 01 06 05. 30 day notice of cancellation CERTIFICATE HOLDER CANCELLATION CITYKN2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CityCity Nancy Yoshitake ACCORDANCE WITH THE POLICY PROVISIONS Attn:400 W.Gowe Kent,WA 98032 AUTHORIZED REPRESENTATIVE 9)1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD NORTH34 OP ID. NN DATE CERTIFICATE OF LIABILITY INSURANCE 4/0 /2014D 010914 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 the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements) CONTACT PRODUCER NAME Griffith/Rush Drake Insurance PHONE FAx PO Box 27167 A/C No Ext A/C No 12354 Lake City Way NE E-MAADDRESS Seattle,WA 98125 Mike Griffith INSURER($)AFFORDING COVERAGE NAIC M INSURERA Evanston Insurance Company INSURED Northwest Hydraulic INSURER B Starr Surplus Lines Ins Co Consultants,Inc. 16300 Christensen Rd##350 NSURERC Tukwila,WA 98188 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER' 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 DDL UB POLICYEFF POLICY EXP ILTR TYPE OF INSURANCE POLICY NUMBER MMIDDlVYVY MMlDD/VVYY LIMBS GENERAL LIABILITY EACH OCCURRENCE $ A NTED COMMERCIAL GENERAL LIABILITY PREMISES IEa occurrence $ CLAIMS-MADE F OCCUR MED EXP IAny one person) $ PERSONAL B ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 17 POLICY PRO- LOC $ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ea accident) $ ANY AUTO BODILY I NJURV(Per person) $ ALL OWNED SCHEDULED BODILY I NJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAM CIDENTAGE $ PER AC HIRED AUTOS AUTOS $ UMBRELLA LIAO OCCUR EACH OCCURRENCE $ 3,000,00 B X EXCESS LIAB X CLAIMS-MADE SLSLPPX22623514 03/12/2014 03112/2015 AGGREGATE $ 3,000,00 X DED I I RETENTION$ 0 TI $ WORKERS COMPENSATION WC STIMU ER AND EMPLOYERS'LIABILITY EACH LIMITS ER YIN ANY PROPRIETOR/PARTNER;EXECUTIVE❑ NlA EL EACH ACCIDENT $ OFFICEPoMEMBER EXCLUDED? (Mandatory in NH) EL DISEASE-EA EMPLOYE $ if yes,describe under E L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Professional Lia AE823513 03/12/2014 03/12/2015 Occurance 2,000,000 DEDUCTIBLE-$50,000 Aggregate 3,000,000 DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: Horseshoe Bend Levee Milwaukee II Extension CERTIFICATE HOLDER CANCELLATION CITYKN2 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 W.Gowe AUTHORIZED REPRESENTATIVE Kent,WA 98032 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Policy#:52UUNPX0936 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read (2) The "bodily injury" or"property damage" occurs the entire policy carefully to determine rights, duties and during the policy period;and what is and is not covered. (3) Prior to the policy period, no insured listed Throughout this policy the words "you"and "your" refer to under Paragraph 1. of Section it —Who Is An the Named Insured shown In the Declarations, and any Insured and no"employee"authorized by you to other person or organization qualifying as a Named give or receive notice of an "occurrence" or Insured under this policy, The words "we", "us" and "our" claim, knew that the "bodily injury" or"property refer to the stock insurance company member of The damage" had occurred, in whole or in part. If Hartford providing this insurance. such a listed insured or authorized "employee" The word "insured" means any person or organization knew, prior to the policy period, that the "bodily j qualifying as such under Section li—Who Is An Insured, injury" or"property damage" occurred,then any Other words and phrases that appear in quotation marks continuation, change or resumption of such have special meaning. Refer to Section V—Definitions. bodily injury or property damage during after the policy period will be deemed to have SECTION I—COVERAGES been known prior to the policy period, COVERAGE A BODILY INJURY AND PROPERTY C. "Bodily injury" or"property damage"will be deemed DAMAGE LIABILITY to have been known to have occurred at the 1. Insuring Agreement earliest time when any insured listed under Paragraph 1, of Section II —Who Is An insured or a. We will pay those sums that the insured becomes any "employee" authorized by you to give or legally obligated to pay as damages because of receive notice of an "occurrence"or claim: "bodily injury" or "property damage" to which this Insurance applies. We will have the right and duty (1) Reports all, or any part, of the "bodily injury" or to defend the insured against any "suit" seeking "property damage"to us or any other insurer; those damages. However, we will have no duty to (2) Receives a written or verbal demand or claim defend the insured against any "suit" seeking for damages because of the "bodily injury" or damages for"bodily Injury"or"property damage"to "properly damage";or which this insurance does not apply. We may, at (3) Becomes aware by any other means that our discretion, investigate any "occurrence" and "bodily injury" or "property damage" has settle any claim or"suit"that may result.But; occurred or has begun to occur. (1) The amount we will pay for damages is limited d. Damages because of "bodily injury" include as described in Section III — Limits Of damages claimed b 9 Y any person or organization for Insurance;and care, loss of services or death resulting at any time (2) Our right and duty to defend ends when we from the"bodily injury", have used up the applicable limit of insurance in e. Incidental Medical Malpractice the payment of judgments or settlements under Coverages A or B or medical expenses under (1) "Bodily injury" arising out of the rendering of or Coverage C. failure to render professional health care services as a physician, dentist, nurse, No other obligation or liability to pay sums or emergency medical technician or paramedic perform acts or services is covered unless explicitly shall be deemed to be caused by an provided for under Supplementary Payments "occurrence", but only if Coverages A and B. b. This insurance applies to "bodily injury" and (a) The physician, dentist, nurse, emergency "property insurance only if: medical technician or paramedic is employed by you to provide such services; (1) The "bodily injury" or "property damage" is and caused by an "occurrence" that takes place in (b) You are not engaged in the business or j the "coverage territory"; occupation of providing such services, l HG 00 01 06 05 Page 1 of 19 OO 2005 The Hartford (Includes copyrighted material of Insurance Services Office,(no.with its permission.) Policy#:52UUNPX0936 (iii) "Bodily injury" or "property damage" (e) At or from any premises, site or location on arising out of heat, smoke or fumes from which any insured or any contractors or a"hostile fire"; subcontractors working directly or indirectly (b) At or from any premises, site or location on any insured's behalf are performing which is or was at any time used by or for operations if the operations are to test for, any insured or others for the handling, monitor, clean up, remove, contain, treat, storage,disposal, processing or treatment of detoxify or neutralize, or in any way respond waste; to,or assess the effects of, "pollutants". (c) Which are or were at any time transported, (2) Any loss,cost or expense arising out of any: handled, stored, treated, disposed of, or (a) Request, demand, order or statutory or processed as waste by or for: regulatory requirement that any insured or (i) Any insured;or others Jest for, monitor, clean up, remove, (ii) Any person or organization for whom you contain, treat, detoxify or neutralize, or in may be legally responsible;oion any way respond to,or assess the effects of, y g ypollulants ,or (d) At or from any premises, site or location on (b) Claim or suit by or on behalf of a which any insured or any contractors or governmental authority for damages subcontractors working directly or indirectly because of testing for, monitoring, cleaning on any insured's behalf are performing up, removing, containing, treating, operations if the "pollutants" are brought on detoxifying or neutralizing, or in any way or to the premises, site or location in responding to, or assessing the effects of, connection with such operations by such "pollulants", insured, contractor or subcontractor. However, this subparagraph does not apply However, this paragraph does not apply to to: liability for damages because of "property r "Bodily injury" or „ damage" that the insured would have in the (') yproperly damage absence of such request, demand, order or arising out of the escape of fuels, statutory or regulatory requiremenf, or such 1 lubricants or other operating fluids which claim or"suit"by or on behalf of a governmental are needed to perform the normal authority. electrical, hydraulic or mechanical functions necessary for the operation of g• Aircraft,Auto Or Watercraft "mobile equipment" or its parts, if such "Bodily injury" or "property damage" arising out of fuels, lubricants or other operating fluids the ownership, maintenance, use or entrustment to escape from a vehicle part designed to others of any aircraft, "auto"or watercraft owned or hold, store or receive them. This operated by or rented or loaned to any insured. Use exception does not apply if the "bodily includes operation and "loading or unloading". injury"or"property damage" arises out of This exclusion applies even if the claims against the intentional discharge, dispersal or any insured allege negligence or other wrongdoing release of the fuels, lubricants or other in the supervision, hiring, employment, training or operating fluids, or if such fuels, monitoring of others by that insured, if the lubricants or other operating fluids are "occurrence" which caused the "bodily injury" or brought on or to the premises, site or "property damage" involved the ownership, location with the intent that they be maintenance, use or entrustment to others of any discharged,dispersed or released as part aircraft, "auto" or watercraft that is owned or of the operations being performed by operated by or rented or loaned to any insured. such insured, contractor or subcontractor; This exclusion does not apply to. (ii) 'Bodily injury" or "property damage" (1) A watercraft while ashore on premises you own sustained within a building and caused or rent; by the release of gases,fumes or vapors (2) A watercraft you do not own that Is: from materials brought into that building (a) Less than 51 feet long;and in connection with operations being performed by you or on your behalf by a (b) Not being used to carry persons for a contractor or subcontractor;or charge; (iii) "Bodiiy injury" or "property damage" (3) Parking an "auto" on, or on the ways next to, arising out of heat, smoke or fumes from premises you own or rent, provided the "auf`is a "hostile fire";or not owned by or rented or loaned to you or the insured; HG 00 0106 06 Page 3 01118 Policy#:52UUNPX0936 n. Recall Of Products, Work Or Impaired kind to persons or property which would not Property have occurred in whole or in part but for the Damages claimed for any loss, cost or expense "asbestos hazard; Incurred by you or others for the loss of use, (b) Arise out of any request, demand, order or withdrawal, recall, inspection, repair, replacement, statutory or regulatory requirement that any adjustment, removal or disposal of, insured or others test for, monitor, clean up, (1) "Your product"; remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or (2) Your work";or assess the effects of an "asbestos hazard'; (3) "Impaired property`; or 6 such product, work, or property is withdrawn or (c) Arise out of any claim or suit for damages recalled from the market or from use by any person because of testing for, monitoring, cleaning or organization because of a known or suspected up, removing, encapsulating, containing, defect, deficiency, inadequacy or dangerous treating, detoxifying or neutralizing or in any condition In it, way responding to or assessing the effects o. Personal And Advertising Injury of an"asbestos hazard'. "Bodily injury" arising out of "personal and Damage To Premises Rented To You — Exception advertising injury". For Damage By Fire,Lightning Or Explosion p. Electronic Data Exclusions c.through h. and j.through n. do not apply Damages arising out of the loss o,f, loss of use of, to damage by fire, lightning or explosion to premises damage a corruption of, Inability to access, or while rented to you or temporarily occupied by you with inability to manipulate electronic data, permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — As used in this exclusion, electronic data means Limits Of Insurance information, facts or programs stored as or on, COVERAGE B PERSONAL AND ADVERTISING created or used on, or transmitted to or from INJURY LIABILITY computer software, including systems and applications software, hard or floppy disks, CD- 1. Insuring Agreement ROMS, tapes, drives, cells, data processing a. We will pay those sums that the insured becomes devices or any other media which are used with legally obligated to pay as damages because of electronically controlled equipment. "personal and advertising injury" to which this q. Employment-Related Practices insurance applies. We will have the right and duty "Bodily injury"to: to defend the insured against any "suit" seeking those damages However, we will have no duty to (1). A person arising out of any "employment— defend the insured against any "suit" seeking related practices";or damages for "personal and advertising injury" to (2) The spouse, child, parent, brother or sister of which this insurance does not apply. We may, at that person as a consequence of "bodily Injury" our discretion, investigate any offense and settle to that person at whom any "employment- any claim or"suit"that may result. But: related practices"are directed. (1) The amount we will pay for damages is limited This exclusion applies: as described in Section III — Limits Of (1) Whether the insured may be liable as an Insurance;and employer or in any other capacity;and (2) Our right and duty to defend end when we have (2) To any obligation tc share damages with or used up the applicable limit of insurance in the repay someone else who must pay damages payment of judgments or seMements under because of the injury, Coverages A or B or medical expenses under Coverage C. r. Asbestos No other obligation or liability to pay sums or (1) "Bodily injury" or "property damage" arising out perform acts or services is covered unless explicitly of the"asbestos hazard', provided for under Supplementary Payments — (2) Any damages, judgments, settlements, loss, Coverages A and B. costs or expenses that: b. This insurance applies to "personal and advertising (a) May be awarded or incurred by reason of injury" caused by an offense arising out of your any claim or suit alleging actual or business but only if the offense was committed in threatened injury or damage of any nature or the"coverage terrdory"during the policy period. HG 00 01 06 05 Page 5 of 18 Policy#:52UUNPX0936 o. War (2) The spouse, child, parent, brother or sister of "Personal and advertising injury", however caused, that person as a consequence of "personal and arising, directly or indirectly,out of: advertising injury to that person at whom any (1) War,including undeclared or civil war; employment-related practices are directed, (2) Warlike action by a military force, including This exclusion applies- action in hindering or defending against an (1) Whether the insured may be liable as an actual or expected attack, by any government, employer or in any other capacity;and sovereign or other authority using military (2) To any obligation to share damages with or personnel or other agents;or repay someone else who must pay damages (3) Insurrection, rebellion, revolution, usurped power, because of the injury. or action taken by governmental authority in v. Asbestos hindering or defending against any of these. (1) "Personal and advertising injury" arising out of p. Internet Advertisements And Content Ot Others the "asbestos hazard". "Personal and advertising injury"arising out of- (2) Any damages, judgments, settlements, loss, (1) An"advertisemeni"for others on your web site; costs or expenses that: (2) Placing a link to a web site of others on your (a) May be awarded or Incurred by reason of web site; any claim or suit alleging actual or threatened injury or damage of any nature or (3) Content, including information, sounds, text, kind to persons or property which would not graphics, or images from a web site of others have occurred in whole or in part but for the displayed within a frame or border on your web "asbestos hazard"; site;or (b) Arise out of any request, demand, order or (4) Computer code, software or programming used statutory or regulatory requirement that any to enable: insured or others test for, monitor, clean up, (a) Your web site;or remove, encapsulate, contain,treat, detoxify (b) The presentation or functionality of an or neutralize or in any way respond to or °advertisement" or other content on your assess the effects of an "asbestos hazard"; web site, or q. Right Of Privacy Created 6y Statute (c) Arise out of any claim or suit for damages "Personal and advertising injury" arising out of the because of testing for, monitoring, cleaning up, removing, encapsulating, containing, violation of a person's right of privacy created by treating, detoxifying or neutralizing or in any any state or federal act. way responding to or assessing the effects However, this exclusion does not apply to liability of an"asbestos hazard" for damages that the insured would have in the COVERAGE C MEDICAL PAYMENTS absence of such state or federal act, 1 insuring Agreement r. Violation Of Anti-Trust law "Personal and advertising injury" arising out of a a. We will pay medical expenses as described below violation of any anti-trust law, for bodily injury caused by an accident: s. Securities (1) On premises you own or rent; "Personal and advertising injury" arising out of the (2) On allays next to premises you own or rent;or fluctuation in price or value of any stocks, bonds or (3) Because of your operations; other securities provided that: t. Discrimination Or Humiliation (1) The accident takes place in the "coverage "Personal and advertising injury" arising out of territory"and during the policy period- discrimination or humiliation committed by or at the (2) The expenses are incurred and reported to us direction of any "executive officer", director, within three years of the date of the accident; stockholder, partner or member of the insured. and u. Employment-Related Practices (3) The injured person submits to examination, at "Personal and advertising Injury"to: our expense, by physicians of our choice as (1) A person arising out of any "employment— often as we reasonably require, relaied practices";or HG 00 0106 05 Page 7 of 1B Policy#:52UUNPXO936 necessary litigation expenses Incurred by us and However, none of these "employees" or"volunteer necessary litigation expenses incurred by the workers"are insureds for: indemnitee at our request will be paid as (1) "Bodily injury" or "personal and advertising Supplementary Payments. Notwithstanding the injury": provisions of Paragraph 2.b,(2) of Section I -- Coverage A — Bodily Injury And Property Damage (a) To you, to your partners or members (if you Liability, such payments will not be deemed to be are a partnership or joint venture), to your damages for'bodily injury"and "property damage"and members (if you are a limited liability will not reduce the limits of insurance, company), to a co-"employee" while in the course of his or her employment or Our obligation to defend an insured's indemnitee and performing duties related to the conduct of to pay for attorneys' fees and necessary litigation your business, or to your other "volunteer expenses as Supplementary Payments ends when: workers" while performing duties related to a. We have used up the applicable limit of insurance the conduct of your business; in the payment of judgments or settlements;or (b) To the spouse,child, parent, brother or sister b. The conditions set forth above, or the terms of the of that co-"employee" or that "volunteer agreement described in Paragraph f. above, are no worker" as a consequence of Paragraph longer met. (1)(a)above; SECTION II—WHO IS AN INSURED (c) For which there is any obligation to share 1. If you are designated in the Declarations as: damages with or repay someone else who a. An Individual, you and your spouse are insureds, described must in Parags because of raphs hs 1)(a or(b) above; but only with respect to the conduct of a business or g p ( )( } ( ) of which you are the sole owner. b. A partnership or joint venture, you are an insured. (d} Arising out his or her providing r failing to provide professional health care services. Your members, your partners, and their spouses if you are not in the business of providing are also insureds, but only with respect to the professional health care services, Paragraph (d) conduct of your business. does not apply to any nurse, emergency c. A limited liability company, you are an insured, medical technician or paramedic emplayed by Your members are also insureds, but only with you to provide such services. respect to the conduct of your business Your 2 "Property damage"to property: managers are insureds, but only with respect to O p Y 9 P P Y: their dukes as your managers, (a) Owned,occupied or used by, d. An organization other than a partnership, joint (b) Rented to, in the care, custody or control of, venture or limited liability company, you are an or over which physical control is being insured. Your "executive officers" and directors are exercised for any purpose by insureds, but only with respect to their duties as you, any of your "employees", "volunteer your officers or directors, Your stockholders are workers", any partner or member (if you are a also insureds, but only with respect to their liability partnership or joint venture), or any member (if as stockholders. you are a limited liability company). e. A trust, you are an insured. Your trustees are also b. Real Estate Manager insureds, but only with respect to their duties as An arson other than our "employee" or trustees, y P ( Y "volunteer worker"), or any organization white 2. Each of the fallowing Is also an insured: acting as your real estate manager a. Employees and Volunteer workers c. Tempoiaiy Custodians of Your Property Your "volunteer workers" only while performing Any person or organization having proper duties related to the conduct of your business, or temporary custody of your property if you die but your "employees", other than elthel your "executive only officers" (if you are an organization other than a {1) With respect to liability arising out of the partnership, joint venture or limited liability arth f t that inenance or use o property,company) or your managers (if you are a limited ma p p Y. and liability company), but only for acts within the scope (2) Until your legal representative has been of their employment by you or while performing appointed, duties related to the conduct of your business d. Legal Representative It You Die Your legal representative if you die, but only with respect to duties as such. That representative will HC 00 01 06 06 Page 9 of Is Policy#: 52UUNPX0936 (b) Any express warranty unauthorized by you; c. Lessors of Land or Premises (c) Any physical or chemical change in the Any person or organization from whom you lease I product made intentionally by the vendor; land or premises, but only with respect to liability (d) Repackaging, except when unpacked solely arising out of the ownership, maintenance or use of for the purpose of inspection, demonstration, that part of the land or premises leased to you. testing, or the substitution of parts under With respect to the insurance afforded these instructions from the manufacturer, and then additional insureds the following additional repackaged in the original container; exclusions apply: (e) Any failure to make such inspections, This insurance does not apply to: adjustments,tests or servicing as the vendor 1. Any "occurrence" which takes place after you has agreed to make or normally undertakes cease to lease that land;or to make in the usual course of business, in connection with the distribution or sale of the 2. Structural alterations, new construction or products; demolition operations performed by or on behalf (f) Demonstration, installation, servicing or of such person or organization, repair operations, except such operations d. Architects, Engineers or Surveyors performed at the vendor's premises in Any architect, engineer, or surveyor, but only with connection with the sate of the product; respect to liability for "bodily injury", "property (g) Products which, after distribution or sale by damage" or "personal and advertising injury" you, have been labeled or relabeled or used caused, in whole or in part, by your acts or as a container, part or ingredient of any omissions or the acts or omissions of those acting other thing or substance by or for the on your behalf: vendor;or (1) In connection with your premises;or (h) "Bodily injury" or "property damage" arising (2) in the performance of your ongoing operations cut of the sole negligence of the vendor for performed by you or on your behalf its own acts or omissions or those of its With respect to the insurance afforded these employees or anyone else acting on its additional insureds, the following additional behalf. However, this exclusion does not exclusion applies: apply to: This insurance does not apply to "bodily injury", (1)The exceptions contained In Sub- "property damage" or "personal and advertising paragraphs(d)or(1);or injury" arising out of the rendering of or the failure (ii) Such inspections, adjustments, tests or to render any professional services by or for you, servicing as the vendor has agreed to including- make or normally undertakes to make in 1. The preparing, approving, or failing to prepare the usual course of business, in or approve, maps, shop drawings, opinions, connection with the distribution or sale of reports, surveys, field orders, change orders or the products drawings and specifications;or (2) This insurance does not apply to any insured 2. Supervisory, inspection, architectural or person or organization, from whom you have engineering activities. acquired such products, or any ingredient, part e. Permits Issued By State Or Political or container, entering into, accompanying or containing such products Subdivisions b. Lessors of Equipment Any state or political subdivision, but only with respect to operations performed by you or on your (1) Any person or organization from whom you behalf for which the state or political subdivision lease equipment; but only with respect to their has issued a permit liability for "bodily injury'', "property damage" or With respect to the insurance afforded these "personal and advertising injury" caused, in additional insureds this insurance does not I whole or in part, by your maintenance, operation apply or use of equipment leased to you by such to: person or organization. (1) "Bodily injury", "property damage" or "personal (2) With respect to the insurance afforded to these and advertising injury" arising out of operations additional insureds this insurance does not performed for the state or municipality;or apply to any "occurrence" which takes place (2) "Bodily injury" or 'property damage" included after the equipment lease expires, within the "products-completed operations hazard". HG 00 of 06 05 Page 11 of 18 I � r Policy#: 52UUNPX0936 added as an additional insured on your policy, the (3) Cooperate with us in the investigation or most we will pay on behalf of such additional insured is settlement of the claim or defense against the the lesser of "suit"; and a. The limits of insurance specified in the written (4) Assist us, upon our request,In the enforcement of contract or written agreement;or any right against any person or organization which b. The limits of Insurance shown in the Declarations, may be liable to the insured because of injury or Such amount shall be a part of and not in addition to damage to which this Insurance may also apply. Limits of Insurance shown in the Declarations and d. Obligations At The Insureds Own Cost described in this Section. No insured will, except at that insured's own cost, The Limits of Insurance of this Coverage Part apply voluntarily make a payment, assume any separately to each consecutive annual period and to any obligation, or incur any expense,other than for first remaining period of less than 12 months, starting with the aid,without our consent, beginning of the policy period shown in the Declarations, e. Additional Insureds Other Insurance unless the policy period is extended after issuance for an If we cover a claim or "suit" under this Coverage additional period of less than 12 months. In that case,the Part that may also be covered by other insurance additional period will be deemed part of the last preceding available to an additional insured, such additional period for purposes of determining the Limits of Insurance, insured must submit such claim or "suit" to the SECTION IV — COMMERCIAL GENERAL LIABILITY other insurer for defense and indemnity. CONDITIONS However, this provision does not apply to the 1. Bankruptcy extent that you have agreed in a written contract or Bankruptcy or insolvency of the insured or of the written agreement that this insurance is primary insured's estate will not relieve us of our obligations and non-contributory with the additional insured's under this Coverage Part. own Insurance. Off c r O Of A d l Knowege n Occurrence, Offense,2. Duties to The Event Of Occurrence, Offense,Claim f. Claim i Or Suit Or Suit y Para ra Paragraphs a. and b. apply to you or to an i a. Notice Of Occurrence Or Offense g Py You or an additional insured must see to it that we additional insured only when such "occurrence", y offense,claim or suit is known to: are notified as soon as practicable of an additional insured that is an occurrence or an offense which may result in a (1) You or any claim,To the extent possible, notice should include: individual; (1) Haw, when and where the "occurrence" or (2) Any partner, if you or an additional insured is a offense took place; partnership; (2) The names and addresses of any injured (3) Any manager,if you or an additional insured is a persons and witnesses;and limited liability company; (3) The nature and location of any injury or damage (4) Any "executive officer" or insurance manager, if arising out of the "occurrence"or offense you or an additional insured is a corporation, b. Notice Of Claim (5) Any trustee, if you or an additional insured is a If a claim is made or "suit" is brought against any trust;or insured, you or any additional insured must; (6) Any elected or appointed official, if you or an (1) Immediately record the specifics of the claim or additional insured is a political subdivision or "suit"and the date received;and public entity. (2) Notify us as soon as practicable, This duty applies separately to you and any additional insured. You or any additional insured must see to it that we 3. Legal Action Against Us receive written notice of the claim or "suit" as soon as practicable, No person or organization has a right under this c. Assistance And Cooperation Of The Insured Coverage Part; a. To loin us as a party or otherwise bring us into a You and any other involved insured must: "suit"asking for damages from an insured, or (1) Immediately send us copies of any demands, b, To sue us on this Coverage Part unless all of its notices, summonses or legal papers received in terms have been fully complied with connection with the claim or"suit"; A person or organization may sue us to recover on an (2) Authorize us to obtain records and other agreed settlement or on a final judgment against an information, insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or HG 00 01 06 05 Page 13 of 10 Policy#:52UUNPX0936 If any of the other insurance does not permit insured will bring"suit"or transfer those rights to us contribution by equal shares, we will contribute by and help us enforce them. limits Under this method, each insurer's share is b. Waiver Of Rights Of Recovery (Waiver Of based on the ratio of its applicable limit of Subrogation) insurance to the total applicable limits of insurance of all insurers. If the insured has waived any rights of recovery S. Premium Audit against any person or organization for all or part of any payment, including Supplementary Payments, a. We will compute all premiums for this Coverage we have made under this Coverage Part, we also Part in accordance with our rules and rates. waive that right, provided the insured waived their b. Premium shown in this Coverage Part as advance rights of recovery against such person or premium is a deposit premium only.At the close of organization in a contract, agreement or permit that each audit period we will compute the earned was executed prior to the injury or damage. premium for that period and send notice to the first 9. When We Do Not Renew Named Insured. The due date for audit and If we decide not to renew this Coverage Part, we will retrospective premiums is the date shown as the mail or deliver to the first Named Insured shown in the due date on the bill. If the sum of the advance and Declarations wrirten notice of the nonrenewal not less audit premiums paid for the policy period Is greater than 30 days before the expiration data. than the earned premium, we will return the excess to the first Named Insured. If notice is mailed, proof of mailing will be sufficient c. The first Named Insured must keep records of the proof of notice. information we need for premium computation, and SECTION V—DEFINITIONS send us copies at such times as we may request 1. "Advertisement" means the widespread public 6. Representations dissemination of information or images that has the a. When You Accept Policy purpose of inducing the sale of goods, products or ; P y services through: By accepting this policy,you agree: a. (1) Radio; (1) The statements in the Declarations are accurate (2) Television; i and complete; (3) Billboard; (2) Those statements are based upon representations you made to us;and (4) Magazine; (3) We have issued this policy in reliance upon your (5) Newspaper;or representations. b. Any other publication that is given widespread b. Unintentional Failure To Disclose Hazards public distribution. If uninten+ienally you shoufd fad to disclose all However, "advertisement"does not include: hazards relating to the conduct of your business a. The design, printed material, information or images that exist at the inception date of this Coverage contained in, on or upon the packaging or labeling Part, we shall not deny coverage under this of any goods or products; or Coverage Part because of such failure, b. An interactive conversation between or among 7. Separation Of Insureds persons through a computer network, Except with respect to the Limas of Insurance, and any 2. "Advertising idea" means any idea for an rights or duties specifically assigned in this Coverage "advertisement". Part to the first Named Insured,this insurance applies: 3. "Asbestos hazard" means an exposure or threat of a. As if each Named Insured were the only Named exposure to the actual or alleged properties of Insured;and asbestos and includes the mere presence of asbestos b. Separately to each insured against whom claim is in any form made or"suit"is brought. 4. "Auto"medr is d land motor vehicle,trader or semitrailer 8. Transfer Of Rights Of Recovery Against Others To designed for travel on public roads, including any Us attached machinery or equipment, But "auto" does not a. Transfer of Rights Of Recovery include"mobile equipment If the insured has rights to recover all or part of any 5. "Bodily injury"means physical: payment, including Supplementary Payments, we a. Injury, have made under this Coverage Part, those rights b. Sickness;or are transferred to us The insured must do nothing c. Disease after loss to impair them, At our request, the sustained by a person and, if arising out of the above, mental anguish or death at any time. HG 00 01 06 05 Page 15 of t8 Policy#:52UUNPX0936 b. While it is in or on an aircraft, watercraft or "auto"; 16."Occurrence"means an accident, Including continuous or or repeated exposure to substantially the same general e. While it is being moved from an aircraft, watercraft harmful conditions. or"auto"to the place where it is finally delivered; 17."Personal and advertising injury" means injury, but "loading or unloading" does not include the including consequential "bodily injury", arising out of movement of property by means of a mechanical one or more of the following offenses: device, other than a hand truck, that is not attached to a. False arrest,detention or imprisonment; the aircraft,watercraft or"auto"• b. Malicious prosecution; IS."Mobile equipment" means any of the following types c. The wrongful eviction from, wrongful entry Into, or of land vehicles, including any attached machinery or invasion of the right of private occupancy of a room, equipment dwelling or premises that a person occupies, a. Bulldozers, farm machinery, forklifts and other committed'by or on behalf of its owner, landlord or vehicles designed for use principally off public lessor, roads; d. Oral, written or electronic publication of material b. Vehicles maintained for use solely on or next to that slanders or libels a person or organization or premises you own or rent; disparages a person's or organization's goods, e. Vehicles that travel on crawler treads; products or services; d. Vehicles,whether self-propelled or not, maintained e. Oral, written or electronic publication of material primarily to provide mobility to permanently that violates a person's right of privacy; mounted: f. Copying, in your "advertisement", a person's or (1) Power cranes, shovels, loaders, diggers or organization's "advertising idea" or style of drills;or "advertisement'; (2) Road construction or resurfacing equipment g. Infringement of copyright, slogan, or title of any such as graders,scrapers or rollers; literary or artistic work,in your"advertisement";or e. Vehicles not described in a., b., c. or d. above that h. Discrimination or humiliation that results in injury to are not self-propelled and are maintained primarily the feelings or reputation of a natural person, to provide mobility to permanently attached 18."Pollutants" mean any solid, liquid, gaseous or thermal equipment of the following types: irritant or contaminant, including smoke, vapor, soot, (1) Air compressors, pumps and generators, fumes, acids, alkalis, chemicals and waste Waste Including spraying, welding, building cleaning, includes materials to be recycled, reconditioned or geophysical exploration, lighting and well reclaimed. servicing equipment;or i9."Products-completed operations hazard (2) Cherry pickers and similar devices used to raise a. Includes all "bodily injury" and "property damage" or fewer workers; occurring away from premises you own or rent and f. Vehicles not described in a., b., c. or d. above ansing out of"your product"or"your work"except: maintained primarily for purposes other than the (1) Products that are still in your physical transportation of persons or cargo possession;or However, self-propelled vehicles with the following (2) Work that has not yet been completed or types of permanently attached equipment are.not abandoned, However, "your work" will be "mobile equipment"but will be considered"autos": deemed completed at the earliest of the (1) Equipment, of at least 1,000 pounds gross following times, vehicle weight, designed primanlyfor. (a) When all of the work called for In your (a) Snow removal; contract has been completed (b) Road maintenance, but not construction or (b) When all of the work to be done at the yob resurfacing;or site has been completed if your contract (c) Street cleaning, calls for work at more than one job site. (2) Cherry pickers and similar devices mounted on (c) When that part of the work done at a job site has been put to its intended use by any automobile or truck chassis and used to raise or person or organization other than another lower workers:and contractor or subcontractor working on the (2) Air compressors, pumps and generators, same project. including spraying, welding, building cleaning, Work that may need service, maintenance, t geophysical exploration, lighting and well correction, repair or replacement, but which is servicing equipment. otherwise complete, will be treated as completed HG 00 01 06 05 page 17 of 10 Policy#: 52UUNPX0936 COMMERCIAL AUTOMOBILE HA 9916 09 10 THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form,the provisions of this endorsement apply. i 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your personal The Named Insured shown In the affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legally incorporated subsidiary in Paragraph A 1. - WHO IS AN INSURED - of which you own more than 50% of the Section II -Liability Coverage is amended to voting stock on the effective date of the add: Coverage Form. However, the Named e. The lessor of a covered "auto"while the Insured does not include any subsidiary "auto" Is leased to you under a written that is an "insured" under any other agreement if: automobile policy or would be an "Insured" under such a policy but for its (1) The agreement requires you to termination or the exhaustion of its Limit provide direct primary insurance for the lessor and of Insurance. (2) Any organization that Is acquired or (2) The"auto"Is leased without a driver. formed by you and over which you Such a leased "auto" will be considered a maintain majority ownership. However, covered "auto" you own and not a covered the Named Insured does not include any "auto"you hire. newly formed or acquired organization: D. Additlonal Insured If Required by Contract (a) That is a partnership, joint venture (1) Paragraph A.I. -WHO IS AN INSURED or limited liability company - of Section II - Liability Coverage is ` (b) That Is an "Insured" under any other amended to add: J policy, I. When you have agreed, in a written (c) That has exhausted its Limit of contract or written agreement, that a Insurance under any other policy,or person or organization be added as (d) 190 days or more after its an additional insuied on your acquisition or formation by you, business auto policy, such person or unless you have given us notice of organization is an "insured", but only the acquisition or formation. to the extent such person or Coverage does not apply to "bodily organization Is liable for "bodily injury" or "property damage" that results Injury"or "property damage" caused from an "accident' that occurred before by the conduct of an "insured"under you formed or acquired the organization. paragraphs a. or b. of Who Is An B, Employees as Insureds insured with regard to the A.1. -WHO IS AN INSURED -of ownership, to.maintenance or use of a Paragraph covered"auto:' SECTION II - LIABILITY COVERAGE is amended to add: ©2010,The Hartford(includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc.,with its permission.) Page 1 of 5 Policy 4:52UUNPX0936 If an "employee's" personal insurance also 5. PHYSICAL DAMAGE ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph A.4 a. of SECTION it! - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance, limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION Ii - LIABILITY COVERAGE does not Under SECTION IiI - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a Insurance in-force covering ail of your covered "auto", we will pay your additional legal employees', obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto"at the time of the "loss" Insurance. and the"outstanding balance"of the loan/tease. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loan/lease at the time of"loss" less Coverage and if Comprehensive, Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments; penalties, interest or charges provided under this Coverage Form for any resulting from overdue payments; additional "auto" you own, then the Physical Damage mileage charges; excess wear and tear charges; Coverages provided are extended to "autos"you lease termination fees; security deposits not hire or borrow,subject to the following limit. returned by the lessor; costs for extended The most we will pay for "loss" to any hired warranties, credit life Insurance, health, accident or"auto"is: lease; and carry-over balances withty insurance purchased the h from previous (1) $100,000; loans or leases. (2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the"loss';or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION IIi - PHYSICAL DAMAGE damaged or stolen property, COVERAGE,the following is added: whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned"auto"for that coverage. airbag. No deductible applies to "loss" caused by fire or g, ELECTRONIC EQUIPMENT - BROADENED lightning. Hired Auto Physical Damage coverage COVERAGE is excess over any other collectible insurance. Subject to the above limit, deductible and excess The exceptions to Paragraphs B.4 - provisions, wa will provide coverage equal to the EXCLUSIONS - of SECTION III - PHYSICAL broadest coverage applicable to any covered DAMAGE COVERAGE are replaced by the "auto"you own. following: We will also cover loss of use of the hired "auto" a.Exclusions 4.c. and 4.d. do not apply to if it results from an "accident", you are legally equipment designed to be operated solely by liable and the lessor incurs an actual financial use of the pourer from the 'auto's" electrical loss, subject to a maximum of $1000 per system that, at the time of"loss",is: "accident". (1) Permanently installed in or upon the This extension of coverage does not apply to any covered "auto'; "auto" you hire or borrow from any of your (2) Removable from a housing unit which is "employees', partners (if you are a partnership), permanently installed in or upon the members (if you are a limited liability company), covered"auto"; or members of their households (3) An integral part of the same unit housing any electronic equipment described in Paragraphs a.and b. above;or (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's"operating system. I ©2010,The Hartford(includes copyrighted material Form HA 99 16 09 10 of iSO Properties, Inc.,with its permission.) Page 3 of 5 4 Policy#:52UUNPX0936 If we cancel for any reason other than o.Regardless of the number of autos damaged nonpayment of premium, we will mail or deliver in any one 'loss", the most we will pay under to the first Named Insured written notice of this Hybrid Payment Coverage provision for cancellation at least 60 days before the effective any one"loss"is$10,000. date of cancellation. For the purposes of the coverage provision, 18. HYBRID PAYMENT COVERAGE a.A "non-hybrid" auto is defined as an auto that In the event of a total loss to a "non-hybrid"auto uses only an internal combustion engine to for which Comprehensive, Specified Causes of move the auto. Loss, or Collision coverages are provided under b.A "hybrid" auto is defined as an auto with an this Coverage Form, then such Physical internal combustion engine and one or more Damage Coverages are amended as follows: electric motors; and that uses the internal a.lf the auto is replaced with a "hybrid"auto, we combustion engine and one or more electric will pay an additional 10%, to a maximum of motors to move the auto, or the internal $2,500, of the "non-hybrid"auto's actual cash combustion engine to charge one or more value or replacement cost,whichever is less, electric motors,which move the auto. b.The auto must be replaced and a copy of a bill of safe or new lease agreement received by us within 60 calendar days of the date of"loss," i ©2010,The Hartford{Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc, with its permission} Page 5 of 5 I REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes6 4W4 o. ewed by Director Originator's Name: Mark Madfai Dept/Div. En ineerin Extension: 5521 Date Sent: Date Required: Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/14 VENDOR: Northwest Hydraulic DATE OF COUNCIL APPROVAL: n/a Consultants Inc. ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached agreement is for NHC to conduct hydraulic analysis for the Horseshoe Bend Levee Milwaukee II Extension Project. Ali Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: RECEIVED i Approval of Law Dept.: Law Dept. Comments: KENT LAW DEPT. Date Forwarded to Mayor: I� Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: IVI=D Disposition:,#, Office�fY of Kerr Date Returned: Of#��' Mc3}/Or