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HomeMy WebLinkAboutPW12-298 - Amendment - #2 - Shearer Design, LLC - 64th Ave S Channel Improvements - 12/09/2013 K Records Maaagerne' nt-%- ENT WaSHINGTDN Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Shearer Design LLC Vendor Number: JD Edwards Number Contract Number: 1*;\N12momp 2oft This is assigned by City Clerk's Office Project Name: 64t" Ave. S. Channel Improvements Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: kMLnJmen+ * 2- Contract Effective Date: Date of the Mayor's signatureTermination Date: 12/31/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Garrett Inouye Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): An amendment is necessary to extend the time for completion to December 31, 2014 so the consultant can assist with procuring the UPRR permit and provide support during construction. S•Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT WA'HI AGTOH AMENDMENT NO. 2 NAME OF CONSULTANT OR VENDOR: Shearer Design LLC CONTRACT NAME & PROJECT NUMBER: 641" Avenue S. Channel Improvements ORIGINAL AGREEMENT DATE: December 13, 2012 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: An amendment is needed to extend the time of completion to December 31, 2014 because the project was temporarily stopped. The Consultant shall assist in procuring the UPRR permit and provide support during construction. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $17,782.38 including applicable WSST Net Change by Previous Amendments $5,890.50 including applicable WSST Current Contract Amount $23,672.88 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $23,672.88 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/13 (insert date) Revised Time for Completion under n/a prior Amendments (Insert date) Add'] Days Required (t) for this 365 calendar days Amendment Revised Time for Completion 12/31/14 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSUL N�VVENDOR: CITY OF KENT: B :J B Y• Y• (signature) (signature) Print Name: J2�4"(-D Pri CtNjarhc�juzette Cooke Its �� a�a'� Its Mayor (title) title) DATE: 1 ' i`) DATE: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department Shearer-"h Channel 2 Amtl 2/Inouye AMENDMENT - 2 OF 2 GATE (MM170IYYYY) A�o° CERTIFICATE OF LIABILITY INSURANCE 0112112013 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS TIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES OW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED ..ePRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder (a an ADDITIONAL INSURED, the pollcy(les) must be endorsed, if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain Policies may require an endorsement, Astatement on this certificate does riot confer rights to the certificate holder in lieu of such endorsements) PRODUCER Phone, (350)596-3700 Fax (360)528-3703 CNAMEONTACT MICHAELJ.HALL&COMPANY _ -- MICHAEL J.HALL&COMPANY PHGNe FaX 360 593.3703 HALL 8,COMPANY INC.to En' (360)598-3700 uc No! ( ) 19660 10TH AVENUE N.E. Aoo"as ____ POULSBO WA 98370 INSURER(S)AFFORDING COVERAGE NAIC# INSURER Navigators Insurance Company _ 42307 INSURED r Design LLC iNsURER s • Hartford Casualty Insurance Co. J 29424 Sheare3613 Phmney Ave N#A INSURER ' Seattle WA 98103 INSURER13 INSURER E f INSURER F COVERAGES CERTIFICATE NUMBER: 177523 REVISION NUMBER: j THIS 13 TO CERTIFY THATTHE 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 t INSR ADDL SUER POLICY EFF POLICYEXP LIMITS LTA TYPE OF INSURANCE NSR wo POLICYNUMBER MMIDD Yv oD MMt vvv B GENERAL LIABILITY 62SBAIJ6571 02/09113 02109/14 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES ea osx rues ) $ 300,000 CLAIMS-MADE [:X]OCCUR MED EXP(Anyone person) $ 10,000 X OCP,XCU,BFPD PERSONAL&ADV INJURY IS 2,000,000 X Separation of Insured GENERALAGGREGATE $ 4,000,000 9ENL AGGREGATE LIMITAPPLIES PER. PRODUCTS-COMPIDPAGG $ 4,000,000 POLICY X JESTLOC $ _ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY 52SBAIJ6571 02109/13 02/09/14 (Ea a.dane $ 2,000,000 I HANYAUTO SCHEDULED BODILY INJURY(Par person) $ ALL OWNED BODILY INJURY(Per accident) $ I AUTOS AUTOS X HIREDAUTOS X NON-OWNED PROP DAMAGE_ $ AUTOS (per acrAtlenp f 5 UMBRELLA LWB CCCUR EACHOCCURRENCE $ EXCESS 1_1 CLAIMS-MADE AGGREGATE $ DEC) I RETENTIONS _ $ (3 WORKERS COMPENSATION 62SBAIJ6571 02109/13 02/09/14 TCRYLIlfU Mrs OR $ 'NA Stop Gap AND EMPLOYERS' LIABILITY -- ANY PROPRIETOR/PARTHER/EBECUTNE I N EL EACH ACCIDENT $ 1,000,000 OFFICERWMEM F RER EXCLUDED? NIA EL.DISEASE-EA EMPLOYEE $ 1,000,000 Mandniory In NHI _ Pyee,descnbe under EL DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below A Professional Liability,Claims MadB Formo CM13DPL0116201V 01111113 01/11/14 $1,000,000 Per Claim 32,000,000 Aggregate DESCRIPTION OFOPERATIONS I LOCATIONS I VEHICLES(Attach ACOPO 1e1,Additional Remarks Schedule,If more space is required) Project;64th Ave S.channel Improvements The City of Kent Is an Additional insuted on the Commercial General Liability and Auto Llabfnty when required by written contract or agreement regsiding activities by or on behalf Of fhe Named Insured This insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess orl-v and non-contributing wnh this Insurance.A waiver of subrogatlon applies to the Commercial General Liability,Auto Liability and WA Stop Gopl Employers L iablAy In favor of the AadiVonal insuied CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BC CANCELLED BEFORE ^Ity Of Kent THE EXPIRATION DATE THEREOF, NCTICE WILL BE DELIVERED IN J W Gowe st ACCORDANCE WITH THE POLICY PROVISIONS, .ent,WA 98032-6019 AUTHORIZED REPRESENTATIVE Attention; Garrett Inouye Chi Is Engstrom j ACORD 25(2010105) ©1988-2510 ACORD CORPORATION, All rights reserved. The ACORD name and logo are rogl,*i'od marks of ACORD ) 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 p 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 Nanowned Watercraft i Any subsidiary and subsidiary thereof, of with respect to watercraft you do not own that yours which is a legally incorporated en4ty is less than 59 feet long and is not being used of Which you own a financial interest of to carry persons foi a charge, any person is an more than 50% of the voting stook on the insured Urhile operating such watercraft with effective date of this Cover age Part. your panrission, Any other person or The insurance afforded herein for any organisation responsible for the conduct of such person is also an insured, but only with subsidiary not shown in the Declarations respccc ro liabihty alising ouc of the operation as a named insured does not apply to of )he wafercrafc, and only if no otter injury or clarnage with respect to which an insurance of any kind is avadable to that insured under this insurance is also an person or organization for this liability. insured under another policy of would be an insured under such policy but for !is However, no person or organ¢ahon is an terrninaiion or upon the exhaustion of its insured with respect to' fimiis of"insurance. a. 'Bodily injury, to a co-'erliployee" of the 3. Newly Acquired Or Formed Organization person operating the watercran,or Any organization you newly acquire or form, b. "property damage" to property owned by, other than a partnership, Icint 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 5D% of an insured undat this provision. the voting stock, will qualify as a Named ; 6. 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 ?his provision is afforded The persan(s) or organization(s) identified in only until the 180dn day after you acquire Paiagrapha ra through f. below aie additional or form the organization of thi; end of the insureds when you have agreed, in a wiitYen policy period, whichever is eailier;ard Form SS 00 08 04 05 Page 'I I of 24 TkoLJ.W-C A Al BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement,or the issuance of the permit, with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (fl Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit except such operations performed at the vendor's premises in However, no such person or organization is an connection with the sale of the additional insured under this provision if such product; person or organization is included as an (g) products which, after distribution additional insured by an endorsement Issued by us and made a part of this Coverage Part, or sale by you, have been labeled r including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or Ingredient of any additional insured coverage grants in Section other thing or substance by or for F.—Optional Additional Insured Coverages, the vendor;or a. Vendors (h) "Bodily Injury" or "property damage arising out of the sole Any person(s)or organization(s)(referred to negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of j "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However,this or sold in the regular course of the vendor's exclusion does not apply to business and only if this Coverage Part (1) The exceptions contained in provides coverage for 'bodily injury or "property damage" included within the Subparagraphs(d)or(t);or "products-completed operations hazard". (it) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing asthe 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 " n of the assumption of insured person or arganiza[ion f reason rom easoliability in a contract or agreement whom you have acquired such products, exclusion does not apply to or any ingredient, pad' or container, This Thisty for damages that trio entering into, accompanying or liabilicontaining such products. vendor would have in the that th e of the contract or agreement, b, Leasers Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you, whom you lease equipment; but only with tespect to their liability for bodily (c) Any physical or chemical change product made intentional) injury",, property damages or in the p y "personal and advertising injury" by the vendor; caused, to whole or in part, by your (d) Repackaging, except when maurenarce, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demons'ration, testing, person or organization. or the subslliullon of parts under instructions from the manufacturer, and then repackaged in the original container, t Page 12 of 24 Form SS 00 08 04 06 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 cease 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 lakes (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 I , (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 j d. Architects, Engineers Or Surveyors advertising injury"caused, in whole or I (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", "properly 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; j 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) fn 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. (1) 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 (if) This Coverage Part provides "bodily injury" "propeily damage" or coverage for "bodily injury" or "personal and advertising injury" "property darnage" included arising out of the render;ng of or the within the "products- failure to render any professional completed operations hazard". services by or for you,including: (2) Wah respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, rnsuiar,ce does not apply to maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs at arising out of the rendering of, or the drawings and specifications, or failure to render, any professional (b) Supervisory, inspection, architectural, engrneerirrlg or surveying arclvte,ctiral 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, tghtning 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 Condibon 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 I LIMITS OF INSURANCEand Advertising Injury Limit shown in the Declarations. 1. The Most We Will Pay S. Damage To Premises Rented To You Limit The Limits of Insurance shown in the The Damage To Premises Rented To You Declarations and the rules below fix the most we will pay regardless of the number of, Limit is the most we will pay under Business 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 sarne event, whether such "products-completed operations hazard" is damage results from fire,lightning or explosion the Products-Completed Operations a any combination of these. Aggregate Limit shown in the g, How Limits Apply Co,Additional Insureds Declarations, pp y b. Damages because of all other "bodily The most we will pay on behalf of a person or injury", "property damage" or "personal organiza+lon who is an additional insured and advertising injury", including medical under this Coverage Part is the lesser of. expenses, is +he 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 connectioc 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 ihis Section. rali;oad. Page 14 of 24 Form SS 00 08 04 05 9 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or"suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or"suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph 3.above, settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the"suit";and separately to each consecutive annual period and to (4) Assist us, upon our request, In the any remaining period of less than 12 months,starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months. in that case, the additional period will be may also apply. deemed part of the last preceding period for purposes d. Obligations At:The insured's Own Cost of determining the Limits of Insurance, E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured'sa own cost, voluntarily make a paymentt,, assume GENERAL CONDITIONS any obligation, or incur any expense, other 1. Bankruptcy than for first aid,without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2, Duties In The Event Of Occurrence, by other Insurance available to an Offense,Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and indemnity. You or any additional insured must see to However, this provision does not apply to it-that we are notified as soon as the extent that you have agreed in a practicable of an "occurrence" or an Offense which may result in a claim. To written contract, written agreement or the extent possible,notice should include. permit that this insurance is primary and non-contributory with the additional (1) How, when and where the "occurrence" insureo's own insurance. or offense took place; If. Knowledge Of An Occurrence,Offense, (2) The names and addresses of any Claim Or SUN 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 Oe 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) ihoiify 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 wa receive a written notice of the (6) Any tiustee, if you or an additional claim of "suu'as soon as pvact,cabia, insured is a trust, or c. Assistance And Cooperation Of 'rho (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must. subdivision of public entity. Form 85 00 08 04.05 Pago 15 of 24 s 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. If other valid and collectible insurance Is b. With respect to "mobile equipment" to available for a 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 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, I 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 ;s^ 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 osslgned to"property damage" to premises rented In this policy to the first N wamed Insured, this you temporarily occupied by you Insurance applies av,lh permission oY the ovmei, a. As if each Named Insured were the only (4) Aircraft,Auto Or lrJafnrcialt Named Insured,and If the loss arises out of the maintenance or use of aircraft,"autos"or watercraft to b. Separately to each insured against whom ,- a claim is made or"suit"is brought the orient not sub;ect to Exclusion g•of Section A.—Coverages. 6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Etavator-s By accepting this policy, you agree, If the loss arises out of "properly (1) The statements in the Declarations damage" to borrowed equipment or are accurate rnd 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 1C of 24 Form SS Oft Oft 04 03 - 1 t 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, V any,with j 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 shale is based on the ratio of its by the method described in c, applicable limit of insurance to the total below, applicable limits of insurance of all insurers. (b) Primary And Non-Contributory 8, Transfer Of Rights of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written if the insured has rights to recover all or ; contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contubutory with under this Coverage Part, those rights are r the additional insured's own transferred to us The insured must do insurance, this insurance is nothing after loss to impau [hem At our primary and we will not seek request, the insured will bring "suit" or con:iibution from that other transfer those rights to us and help us insurance. enforce then' This condition does not Paragraphs(a) and (b) do not apply to apply to Medical Expenses Coverage other insurance to which the additional b. Waiver Of Richts Of Recovery (Waiver 7111 insured has been added as an Of Subrogation) additional insured. If the insured has waived any tights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to orgsni_ation 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 (hat right, provided the insured insurer defends, we will iundartake to do waived their fights of recovery against so, but we wril be emitted to the insured's such person or organization in a contract, rights against all those other insutets agreement or permit that was executed prior to the injury or damage Form 88 00 08 04 05 Page 17 of 24 • KENT S NGiON Agenda Item: Consent Calendar - 7N NnMI TO: City Council DATE: December 11, 2012 SUBJECT: 64th Avenue S. Channel Improvements, Phase II, Contract — Authorize MOTION: Authorize the Mayor to sign a consultant services agreement with Shearer Design in an amount not to exceed $17,782.38 to provide structural engineering services for the 64th Avenue S. Channel Improvements Project Phase II, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Next summer, the Public Works Department will be installing two box culverts within the 64th Avenue S. Drainage Channel. This is phase II of the project, which will help to reduce flooding by increasing flow capacity and improve storm water conveyance along 641h Avenue S. from S. 228th Street to the Green River Natural Resources Area. As part of this project, the City will design and construct the new culverts to meet federal railroad standards. This Contract fulfills this requirement. We do not have a structural engineer on staff; it is more efficient to contract for these services when they are required. EXHIBITS: Scope of Work RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This project will be paid for from the storm drainage fund, with no unbudgeted fiscal impacts. REQUEST FOR MAYOR'S SIGNATURE )) KENT Please Fill in All Applicable Boxes /J vieweb y Director Originator's Name: Garrett Inoue Dept/Div. En ineerin esi n Extension: 5548 Date Sent: is/S/i3 Date Required: Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/14 VENDOR: Shearer Design LLC DATE OF COUNCIL APPROVAL: 12/11/12 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached Amendment No. 2 is necessary to extend the time for completion to December 31, 2014 due to the 64th Ave. S. Channel Improvements Project was stopped temporarily. The consultant shall assist with procuring the UPRR permit and provide support during construction. All Contracts Must Be Routed Through The Law Department RECEIVEiDarea to be completed by the Law Department) Received: DEC Approval of Law Dept.: KENT LAW DEPT. Law Dept. Comments: �r v ( V CEI /ED Date Forwarded to Mayor: � f Kent Office Of the MaYOr Shaded Areas To Be Completed By Administration Staff Received: RECEIVED Recommendations and Comments: DEC Disposition: CITY OF KEN' aTY cLF-RK Date Returned: