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HomeMy WebLinkAboutPW13-266 - Original - Otak, Inc. - Boeing Levee ERP & Briscoe/Desimone Levee Projects Graphic Illustrations - 11/27/2013 } eim Records Managent KENT Document CONTRACT COV ER ER SHE ET ET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Otak, Inc. Vendor Number: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Boeing Levee ERP & Briscoe/Desimone Levee Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 11/27/13Termination Date: 12/31/13 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Toby Hallock Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): DeveloR graphic illustrations for the projects. _ — -- S:Pub lic\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT GOODS & SERVICES AGREEMENT between the City of Kent and Otak, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Otak, Inc. organized under the laws of the State of Washington, located and doing business at 10230 NE Points Dr., Suite 400, Kirkland, WA 98033, Phone: (425) 250-5250/Fax: (425) 827-9577, Contact: Chad Weiser (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. V Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall develop graphic illustrations for the Boeing Levee ERP and Briscoe/Desimone Levee Projects. For a description, see the Vendor's Scope of Work which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2013. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Four Thousand, Seven Hundred Fifty Dollars ($4,750.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS & SERVICES AGREEMENT - 1 1. . .-,. --- .,n ._-i,.I;-- IA/CCTI The Vendor shall be paid per the billing rates outlined in Exhibit B and after execution of agreement and submittal of illustrations. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work, The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contracr- Agreement E apnloer dy In Relationship ydan e will ithe Ch created 1,08 this RCW, the Agreement. partes their makeexecution follow following this representations: nd details A The Vendor has the ability to control and of is work, the City being inter direct r performance ested onllyi the resultsobta obtained der this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. nd ablished an nt with the E. state Department eofsRevenue and other tered its business s state tagenc es as may ube required GOODS & SERVICES AGREEMENT - 2 ... 1.. 11111 b..,l...unn U/45T) I by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, dar days of the date Vendor knew or should have section XIV(D), within fourteen (14) calen known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an allowed,amendment within the time its to or aim subsequent mendment requests for that por on ofa the s right contractwork make If the Velndor disagbree's with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN S ARISING IN ALLOWED ANY SHALL BE AN WAY FROM ABSOLUTE L AI VER OF ANY FACTS CLAIMS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. GOODS & SERVICES AGREEMENT - 3 --- -- .-_L.. f- -. IA/CCTI A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE BE FOREVER BARRED. OTHIS RK SSECCT M ION FURTHER VENDOR'S COMPLETE OR ITS ANY APPLICABLE ITY TO FILE THAT SUIT SHALL FOREVERAPPLICCABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY, This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. GOODS & SERVICES AGREEMENT - 4 — I ..... _1n nn ;--I...finn IA/C(ZT) X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sen any sensory, discriminatesexual taga against anynal pe origin, son who is qua lifiedcandfavailable to performlthe work to wor physical 'h cbllthe employment re lates, Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference, XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires it ed and able pract cables A pricecpreferentors ce may Ibenavailable for any ts to use (designated reclyclled producs whenever GOODS & SERVICES AGREEMENT - 5 .. �.� _. _1..JL... IA/CCTl B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT - 6 i i I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: By: Y L (signature) fgn e Print Name: Michael Mactutis, P.E. Print Name: Its: Environmental Engineering Manager Its: I _ (tile) DATE:— NOTICES DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Chad Weiser Timothy J. LaPorte, P.E. Otak, Inc, City of Kent 10230 NE Points Dr., Suite 400 220 Fourth Avenue South Kirkland, WA 98033 Kent, WA 98032 (425) 250-5250 (telephone) (253) 856-5500 (telephone) (425) 827-9577 (facsimile) (253) 856-6500 (facsimile) otak-5oeln,ERP&Briscoe/Hallock GOODS & SERVICES AGREEMENT 7 . — _—— -- __ _1..1;-- rn/CCT) i 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 contra ctor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative valid and bind ing. . response is required on all of the following questions for this Agreement to be v 9 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,�,?gree to fulfill the five requirements referenced above. By: G'. � 1 For: /fak (2 Title: ✓tf l '> 114lk Date: con rnMDi TANCF nnCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. �11 nnnnoi TAmrF nnCUMENTS - 2 of 3 i 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 (date), between the firm I represent and the City of the 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: - . KAnl TANIrM nnrl IMFIVTS - 3 of 3 i Exhibit "A" Scope of Work October 22, 2013 Green River Graphic Illustrations Scope of Work , Purpose The City of bent in partnership with the U.S.Army Corps of Engineers (USACOE)is designing ecosystem restoration improvements to the Boe ng Levee which sits within the Boeing Rock Patk and is working with the King County Flood Control District have received funding for improvements and repairs to the Briscoe/Desimone,Levee.Both of these are significant projects along the Green River to address protection from potential flooding,but have also incorporated significant vex habitat and streamside ecosystem restoration elements.As part of these projects, City of Dent Public Works has issued a project brochure or booklet illustrating proposed improvements,The purpose of this scope is to update illustrations of both projects to reflect the latest design information regarding landscape restoration along the Green River. Scope of Work Task 1,0 Graphic Illustrations Otak will develop two graphic illustrations which are perspective views of the proposed Green River restoration plantings and associated ttail and levee improvements. One graphic will be of the Briscoe-Desimone Levee project and one graphic will represent the proposed improvements associated with the Boeing Levee project.The graphic illustrations will reflect the size of plant materials at their full maturity and also consider the projected survival rates which-will affect the density of plantings Portrayed, Otak will develop these graphics as high quality computer-generated 3D SketchUp views. Our Opinion's that refinements and future changes can be more efficiently addressed once these models are developed under these tasks, Otak will work with Kent staff to select the appropriate views for the perspectives and then prepare draft illustrations for review and ak will prepare a final graphic for City use. Final comment,Upon revie-v and comment, Ot deliverables will be provided in an electronic format. Deliverables; One(1)Draft&Final G1apl)tc I11vtstratim of Bfixroe-Desimone Levee Improvements One(1)Draft&I''iaal Graphic Illnstrat ou Of Boeing Levee Restoration Ir»provenreats Task 1.0 Graphic Illustrations—Time and Materials Allowance (NTE) $4,750 Compensation As compensation for the performance of the services described above,Otak will be reimbursed by City of Dent on a time and materials basis to a not-to-exceed contract amount• In house reitnbursable expenses for all tasks will be invoiced on a cost plus ten percent(10%) basis. Any out- of-house direct costs-will be invoiced at cost plus ten percent(10%).An hourly rate schedule for each anticipated labor category has been attached as reference.Invoices will be sent monthly in a format acceptable to the Client. Otak agrees to inform the Client if the Scope of Work extends beyond that-vlich is currently contracted prior to performing the work. Otak will require written approval before completing work in addition to the estitnated time and materials allowance presented in this proposal. 1 ver Graphic Illustrations City of Kent— Green Ri otak K:\project\322oo\32282\Contract\BoeingLevecGluplliclllustratlonsScopeofW ork102213.doox it i Scope of Work Continued I Schedule It is expected the graphics will need to be completed within two weeks of authorization. Assumptions This proposal and Otak's agreement to perform said services is based upon the following assumptions; 1. Otak will use the 3D SketchUp model developed previously as abase starting point for this effort. I 'Pile Client shall provide the latest design information available from the USACOE. 3, The Client shall provide consolidated review comments on the draft illustrations. 1 I i I City of Kent — Greets River Graphic 11111slratiOts 2 otak KAproject\32200\32282\Contract\AncinglcveeCi phielllustrationsScopeofWorkI 02213.doex i Exhibit B Otak,Inc.Bill Rate Schedule Bill Rates Sr.PIC/Sr.PM Civil $198 PIC/Sr.PM Civil $184 _ Civil Engineer X $169 Civil Engineer IX 5159 Civil Engineer Vill $145 Civil Engineer VII $135 Civil Engineer VI $126 Civil Engineer V $119 Civil Engineer TV $108 Civil Engineer,111 $102 Civil Engineer II S90 Civil Pfloncer I $83 P,ngineering Designer TV $95 Engineering Designer IIl $83 Engineering Designer ll $78 Engineering Designer l $69 I',, ,cring Tcch VI $107 Engineering'rech V $94 Engineering Tech IV $82 Engineering Tech III 572 Engineering Tech II $64 Engineering Tech I $56 PIC/Sr.PM TA/Master Plan $159 Landscape AichitectV $115 Tandscape Architect TV $105 Landscape Architect III SI00 Landscape Technician ITI $74 hands'enpe Technician lI $69 Landscape Technician I S62 Urban Designer V Urban Designer IV $140 Urban Designer II $111 Sr Proj.Mgt.-Planner I 5I49 Planner HI $121 Planner II $97 Planner 1 $79 Planner Associate IIl $70 Plamnec Associate II $63 Planner Associate 1 $61 Sr.GIS Specialist Plan ncr $89 Scientist IV $123 Scientist IIl $112 Scientist II $75 Scientist I $62 5/8/2013 K:\project\32200\32282\Contract\kent-rate schedule-050813.xIm i � i Otaly Inc.Bill Rate Schedule �I Bill Rates PIC/PLS-Sr.Manager $195 li PIS Sa Manager $138 SzPIS $103 Professional Land Surveyor $88 it Survey'Cechnician $86 Scv Tch II,Si.Ed Pr Chief $74 Sr.Field Survey Tech II $67 Sr.Field Snvcy Tech T $60 Field Sun c fech $54 Contract Adrnin $81 ProjcctAdmin.Asst $68 All other direct costs and sobconsultmts will be charged at cost Plus ten percent(10°/0). I� II i 5/R/2013 K:\prclectV2200\32282\Contract\kent-rate schedule-050813.x1sx _ _ I i I I EXHIBIT C INSURANCE REQUIREMENTS FOR j CONSULTANT SERVICES AGREEMENTS Insurance The Cnsuant shall ain for e duration of the Agreement, nsu aonce ago against claims cfor einjudri satotpersonshor damage to property which bmay aise from or y therConsul Consultant, agents, rn cnnection epresentatives,ntth the a rformance of the work hereunder tives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liabili� 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 l cy form providing equivalent liabilitycoverage. If necessary, the endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City sha rcial General ll be named as an Additional Insured under the Consultant's Comme 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. Insurance laws n the State coverage Waas required by the Industrial B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: i 1. Automobile Liability insurance with a minimum combined sngle limit for bodily injury and property damage of $1,000,000 per accident. th ll be itten 2 no less than $1t,000,000 eeral lach occurrence,ty insurance a$2,000t,000 genera aggregate.aggregate. i EXHIBIT C (Continued) C. Other Insurance Provisions or be rsed t contin, the plrovisions for Automobile Liability nod commercial General Li following abil ty 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. a � CERTIFICATE OF LIABILITY INSURANCE DATE(M"°° ""' 5/21/2013 [HIS 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 t11e certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. if SUBROGATION IS WAIVED,subject to the terms and condifions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER NAMEACT peggy MacMillan JD Fulwiler a Co. Insurance, Ina. PHONE (5—1293-8325 AIC No;(SD3)293-5918 5727 SW Macadam Ave ADDR s:lDmacmillan@jdfulwiler.com PO BOX 69508 INSURER(S AFFORDING COVERAGE NAIC# Portland OR 97239 INSURER A:Travelers 19046 INSURED INsuRERa,Sai£ Corporation Ptak Inc, INSURER c:Beazle Insurance Com an Inc PO BOX 1379 INSURER O: INSURER E: Lake Oswego OR 97035 INSURER F: COVERAGES CERTIFICATE NUMBER:12/13 Standard 13/14 ➢IC REVISION NUMBER: THIS 13 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. INBR ADD'S BR LTR TYPE OF INS URANCE INSR w D POLICYNUMRER MMIDD)YEYYY PM%OD♦VYVY LIMITS GENERAL LIABILITY EACHOCCURRENCE $ 1,000,000 X COMMERCIAI.GENERAL LIABILITY DAMAGE TO RE A CLAIMS-MADE X OCCUR 6801d97P251 12/9/2012 12/9/2013 PREMISES ER occurrence $ 300,000 MFD EXP(Anyone Pereer) $ 5,000 X Washington Stop Gap PERSONAL B ADV INJURY $ 1,000,000 '.. GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGAIG LIMIT APPLIES PER: PRODUCTS-COMPlOPAGO $ 2,000,000 I POLICY X PRO X LOS $ AUTOMOBILE LIABILITY CEO I NEDa a iSING E LIMIT S 1 OOO 000 A X ANY AUTO BODILY 114JURY(Per person) $ AUTOWNED SCHEDULED A1502PS92 2/9/2012 12/9/2013 BODI LY INJURY(Per accident) $ X AUTOS HIRED AUTOS X NON-0WNED PROPERTY DAIdAGE AUTOS Pe accdent $ Towing $ X VP.9BRELL4 LIAB X OCCVR FACH OCCURRENCE _ $ 10,000,000 EXCESS LIAB - � CLAIMSMADE AGGREGATE S 10,000,()0 DED X RETENTION5 10,00 _KO6503027 12/9/2012 12/9/2013 $- B WORKERS COMPENSATION WCSTATU- On AND EMPLOYERS'LIABILITY YIN XT S 11 .,FR ANY PROPRIETORIPARINERIEXECHTIVE E.L.EACH ACCIDENT S 1 DOD 000 OFFICER✓MEMBER EXCLUOEpi IJM _.. - ,_ (Pdandabrr In NH) 487931 /1/2013 4/1/2014 EL.DISEASE-EA EMPLOYE $ 1,000,000 Ifyyes d.snibeund.r -- - DESGrRIP LOU OFOPERAT IONS helots I E.L.DISEASE.POLICY LIMIT S I. 000 000 C Professional hi.abi,li ty 1.02 67120 4 01 �2/9/2012 12/9/2013 Lind per ari"Ag9regale $2M/$2M Claims-Made Form — Ded,.clidr,per Halm $200,000 DESCRIPTION OF OPERA110NS I I.CCATIONS I VFHICI ES (AfMO ACORD 101,Additional Remarks Schedule,if mor spsce is required) City of Kent is added as additional insureds as respects operations or the named insured in accordance with the policy terms, conditions F, exclusions. Per attached Liahil.i.ty form CC-D381 0907 and CA'P437 0800 and CATODOI 03OG Auto form providing Additional insured, Primary Non-contributory coverage. Cancelati_on conditions per attached ;Torn T.T,0279 09 00. CERTIFICATE HOLDER CAHCFLI_A'FI0Il _ nyoshitake@ ken twa,gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BF CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ;.ity of Kent ACCORDANCE WITH THE POLICY PROVISIONS. elaney Yosfl.i.take - 400 Wnst Crowe AIPHORIZEOREPRESECATIVE Kent, )XTA 98032 pecgy MacMillan/CATHv /('-��/c�y ,�l,����,iyY✓G�r- 'CORD 2G PO-10/05 )19 (- ) 01g88-7.O,IOACOhD CORPORATION, All ric}hfs reserved. Additional Named Insureds rInternational Insureds !! nc., an Oregon Corporation i tects Inc., an Oregon Corporation i ering, Inc., an Oregon Corporation . ational (Caymen Islands) LT,C Otak Nevada, LLC, an Oregon Limited Liability Cc Otak, Inc. 401K Employee gavings Plan Otak, Inc., a Colorado Corporation Otak, Inn., an VTashingtoa Corporation Ili FAPPINF(02/2007) COP`(RIGIIT 2007,A675 SERVICES ICdC 6801497P251 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following Is added to WHO IS AN INSURED INSURANCE (Section III) for this Coverage (Section II): . Part. Any person or organization that you agree In a B; The following is added to Paragraph a. of 4. "contract or agreement requiring insurance" to in- Other Insurance in COMMERCIAL GENERAL clude as an additional insured on this Coverage LIABILITY CONDITIONS (Section IV): Part but only with respect to liability for"bodily in- However,If you specifically agree In a"contract or jury', 'property damago' or "personal Injury" agreement requiring insurance"that the insurance caused, In whole or in part, by your acts or calls- provided to an additional Insured under this Cov- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf: primary and non-contributory basis, this insurance a. In the performance of your ongoing opera- is primary to other insurance that is available to tions; such additional Insured which covers such add!- h. In connection with premises owned by or tonal insured as a named Insured, and we will not rented to you; or share with the other insurance, provided that: c. In connection with "your work" and Included (`I) The "bodily injury" or "property damage" for within the "products-completed operations which coverage is sought occurs; and hazard". (2) The "personal injury" for which coverage is Such person or organization does not qualify as sought arises out of an offense committed; an additional insured for "bodily injury", "property after you have entered into that "contract or damage" or "personal injury" for which that per- agreement,requiring insurance". But this Insur- son or organization has assumod liability in a con- ance still is excess over valid and collectible other tract or agreement, insurance, whother primary, excess, contingent or The insurance provided to such additional insured on any other basis, that Is available to the insured is limifed as follows: when the Insured is an additional insured under d. This insurance does not apply on any basis to any other Insurance. any person or organization for which cover- C. The following is added to Paragraph 8. Transfer age as an additional insured specifically is Of Rights Of Recovery Against Others To us added by another endorsemont to this Cover-- in COMMERCIAL, GENERAL LIABILITY CON. ago Part, DI`fIONS (Section IV): e. This insurance does not apply to the render. We waive any rights of recovery we may have Ing of or failure to render any "professional against any person or organization because of services". payments we make for "bodily injury", "pioperbI f. The limits of insurance afforded to the addl� damage" or "personal injury" arising out of "your tlonal insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that "Contract or agreement requtr- a "contract or agreement requiring hnsuraiice"with Ing insurance" to provide for that additional that person or organization. We waive these insured, or the limits shown In the Declare- rights only where you have agreed to do so as bons for this Covorage Part, whichever are part of the "contract or agreement requiring insur- less. This endorsement does not incroase the ance" with such person or organization entered limits of insurance stated in the LIMITS Or Into by you before, and in effect when, the "bodily 2G, D3 81 09 07 rJ 2007 The Travelers Companies, Inc. Pago 'I of 2 Includes the nopyright©d material of Insurance Services office, Inc.,with Its permission j COMMERCIAL GENERAL LIABILITY injury" or"property damage" occurs, or the "per- erage Part, provided that the "bodily injury" and sonal injury"offense is committed. "property damage" occurs, and the "personal in- D. The following definition is added to DEFINITIONS jury"Is caused by an offense committed: (Section V): a. After you have entered Into that contract or "Contract or agreement requiring insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to Include a.person or in effect; and organization as an additional Insured on this Cow c. Before the end of the policy period. Page 2 of 2 O 2007 Thu Travelers Companies,Inc. EG 03 Bt 69 97 Includes the ccmd0ted material of Insurance Services Office.Inc..wifii Its narmlss(nn r BA1502LD892 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse. a writton contract or agreement that is signed and meat, the provisions of the Coverage Form apply executed by you before tho"bodily injury"or"property unless modified by the endorsement.• damage"occurs and that is In effect during the policy The following is added to the Section 11 '- Liability Period is an "insured" for Liability Coverage, but only Coverage, Paragraph A.I. Who is An Insured Pro- for damages to which this insurance applies and only vlsioh: to the extent that person o organization qualifies as an 'Insured" under the Who Is An Insured provision Any person or organization that you are required to contained In Section II. Include as addltfonai Insured on the Coverage Form in Awzi W [" o 0= o P�'S a GA T4 3T 03 0.6 2008 Tha Ttavelers oompanles,Ina• Page 1 f 1 COC93A PA1502P892 COMMERCIAL AUTO BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. SECTIONI—COVERED AUTOS Read the entire policy carefully to determine rights, Item Two of the Declarations shows the "autos" that duties and what is and is not covered. are covered "autos" for each of your coverages. The Throughout this policy the words "you"and "your" re- following numerical symbols describe the "autos"that fer to the Named Insured shown In the Declat ations. may be covered "autos".The symbols entered next to The words"we", "us" and "our" refer to the Company a coverage on the Declarations designate the only providing this insurance. "autos"that are covered"autos". Other words and phrases that appear in quotation A, Description Of Covered Auto Designation' marks have special meaning. Refer to Section V — Symbols Definitions. Symbol . Description Of Covered Auto Designation Symbols 1 Any"Auto" 2 Owned"Autos" Only those"autos"you own(and for Liability Coverage any"trailers"you don't own Only while attached to power units you own).This includes those"autos"you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger"autos"you own.This includes those private passen� Passenger gof"autos"you acquire ownership of after the policy begins, "Autos"Only Owned"Autos" Only those"autos"you own that are not of the private passenger typo (and for LI- OtherThan Pri- ability Coverago any"trailers"you don't own while attached to power units you vale Passenger own). This Includes those"autos"not of the private passenger type you acquire "Autos" Only ownership of after the policy begins. 5 Owned"Autos" Only those"autos"you own that are required to have No-Fault benefits in the state Subject To No. where they are licensed or principally garaged.This includes those"autos"you Fault acqufre ownership of after the policy begins provided they are required to have No- Fault benefits in the state where they are licensed or principally garaged. 6 Owned"Autos" Only those"autos"you own that because of the law In the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Un- Motorists Coverage.This Includes those"autos"you acquire ownership of after the insured Motor- policy begins provided they are subject to the same state uninsured motorists re- ists Law qufrement. 7 Specifically De- Only(hoso"autos"described in ftem Three:of the Declarations for which a pre, scribed"Autos" mfum charge is shown (and for Liability Coverage any"trailers"you don't own while attached to any power unit described In item Three), 8 Hired"Autos" Only those"autos"you lease, hire, rent or borrow. This doos not include any"auto" Only you lease, hire,rent,or borrow Train any of your"omployees", partners(if you are a partnership), members (if you are a limited liability company)or members of their households, 9 Nonowned Only those"autos"you do not own, leaso, hire, rent or borrow that are used in "Autos"Only connection with your business.This Includes"autos"owned by your "employees", partners (If you are a partnership), members (if you are a 11nit;d liability company), or members of theft households but only while,used In your business or your per- sonal affairs. '19 While Equip- Only those "aufos"that are land vehicles and (fiat would qualify under the definition ment Subject To of"mobile equipment"under this policy if they were not subject to a compulsory or Compulsory Or finarnclal responsibility law or other motor vehicle Insurance law where they are Financial Re- licensed or principally garaged. sponsibility Or Ofhor Motor Ve- hicle Insurance Law Only CA 00 0•I 03 06 Oc ISO Properties, Inc., 2005 Page 1 of 12 COMMERCIAL AUTO i representative prompt notice of the "acci- b. Under Liability Coverage, we agree in dent"or"loss". Include: writing that the "insured" has an obliga- (1) Now, when and where the "accident" Ilan to pay or until the amount of that ob- or"loss"occurred; ligation has finally been determined by (2) The "insured's" name and address; judgment after trial. No one has the right and under this policy to bring us into an action to determine the"insured's"liability. (3) To the extent possible, the names 4. Loss Payment — Physical Damage Cover. and addresses of any injured persons ages u and witnesses. b. Additionally, you and any other involved At our option we may: "Insured"must: a. Pay for, repair or replace damaged or sto- (1) Assume no obligation, make no pay- len property; ment or incur no expense without our b. Return the stolen property, at our ex- consent, except at the 'Tnsured's" pense. We Will pay for any damage that own cost. results to the"auto"from the theft; or (2) Immediately send us copies of any c. Take all or any pail of the damaged or request,, demand, order, notice, stolen property at an agreed or appraised summons or legal paper received value. concerning the claim or"suit". If we pay for the "loss", our payment will in- (3) Cooperate with us In the investigation clude the applicable sales tax for the dam- or settlement of the claim or defense aged or stolen property. against the"sttt". 5. Transfer Of Rights Of Recovery Against (4) Authorize us to obtain medical re- Others To Us cords or other pertinent information. If any person or organization to or for whom (5) Submit to examination, at our ex- we make payment under this Coverage Form pense, by physicians of our choice, has rights to recover damages from another, as often as we reasonably require, those rights are transferred to us.That person c. If there Is "loss"to a covered "auto" or its or organization must do everything necessary to secure our rights and must do nothing after equipment you must also do the follow- " ing: accident"or"loss"to impair them,(1) Promptly notify the police If the caw B. General Conditions ered "auto" crony of its equipment is 1. Bankruptcy stolen. Bankruptcy or insolvency of the "insured" or (2) Take all reasonable steps to protect the,"insured's" estate will not relievo us of any the covered "auto" from further dam- obligations under this Coverage Form, age. Also keep a record of your ex- 2. Concealment, Misrepresentation Or Fraud penses for consideration in the set- This Coverage Form is void in any case of Bement of the claim. fraud by you at any time as it relates to this (a) Permit us to inspect the covered Coverage Form. It is also void if you or any "auto" and records proving the "loss' other"Insured", at any time, Intentionally con- before its repair or disposition, coal or misropresent a material fact concern. (4) Agree to examinations under oath at Ing: our request and give us a signed a. This Coverage Form; statement of your answers, b. The covered "auto", 3. LegalAction Against Us r., Your interest In the covered "auto'; or No one may bring a legal action against us cf. A claim under this Coverage Fonn, under thts Coverage Form until: a. There has been full compliance with all 3. Liberalization tfre tel of this Coverage Farm;and If we rovfse this Coverage Form to provide more coverage without additional premium Page 8 of 12 ©ISO Pi operfles, Inc., 2005 CA 00 01 03 06 COMMERCIAL AUTO charge, your policy will automatically provide for the balance, if any. The one date for the additional coverage as of the day the re- the final premium or retrospective pre- vision is effective in your state. mium is the date shown as the due date 4. No Benefit To Bailee — Physical Damage on the bill. If the estimated total premium Coverages exceeds the final premfum due, the first We will not recognize any assignment or Named Insured will get a refund. grant any coverage for the benefit of any per- b. If this policy Is Issued for more than one son or organization holding, storing or trans- year, the premium for this Coverage Form porting property for a fee regardless of any will be computed annually based on our other provision of this Coverage Form. rates or premiums in effect at the begin- g 5. Other Insurance ning of each year of the policy, a. For any covered "auto", you own,, this 7• Policy Period,Coverage Territory Coverage Form provides primary insur- Under this Coverage Form, we cover "acci- ance. For any covered "auto" you don't dents"and "losses"occurring; own, the insurance provided by this Cov- a. During the poifcy period shown in the erage Form Is excess over any other col- Declarations;and lectible insurance. However, while a eov" b, Within the coverage territory. ored 'autb' which is a "trailer" is con- nected to another vehicle, the Liability The coverage territory is: Coverage this Coverage Form provides a. The Unifed States of America; for the"trailer" Is: b, The territories and possessions of the (1) Excess while It is connected to a mo- United States of America; for vehicle you do not own, c. Puerto Rico; (2) Primary while It is connected to a d. Canada; and covered"auto"you own. b. For Hired Auto Physical Damage Cover-- e. Anywhere in the world if: age, any covered "auto" you lease, hire, (1) A covered "auto" of the private pas- rent or borrow is deemed to be a covered senger type Is leased, hired, rented "auto"you own. However, any "auto"that or borrowed without a driver for a pa- ls leased, hired, rented ar borrowed with Had of 30 days or less;and a driver is not a covered "auto'. (2) The "insurod's" responsibility to pay c. Regardless of the provisions of Para- damages is determined In a "suit" on graph a. above, this Coverage Form's Li- the merits, in the United States of ability Coverage Is primary for any(lability America, [he tenitorles and posses- assumed under an "insured contract", slots of the United States of America, d. When this Coverage Form and any other Puerto Rise, or Canada or in a set- Coverage Fornr or policy covers on the dementwe agree to. same basis, either excess or primary, we We also cover"loss"to, or"accidents" involy- wlll pay only our share. Our share is the Ing, a covered "auto" while being transported proportion that the Limit of Insurance of between any oftheso places, Our Coverage Fonm bears to the total of 8. Two Or Nlara Coverage Forms Or Policies the limits of all the Coverage Forms slid Issued By Us policies covering on the same basis, If this Coverage Form and any other Cover- 5. Premium Audit ago Form or poifcy issued to you by us or any a. The estimated premium for this Coverage company affiliated with us apply to the same Form Is based on the exposures you told "accident", the aggregate maximum Limit of us you would have when this policy be- Insurance under all the Coverage Forms or gain. We will compute tho final premium policies shall not exceed the highest applica- due when we determine your actual ex- ble Limit of insurance under any one Cover- posures. The estimated total premfum will age Form or policy. This condition does not be credited against the final premium due apply to any Coverage Form or policy issued and the first Named insured will be billed by us or an affiliated company specifically to CA 00 01 03 0G © ISO Properties, his., 2005 Page 9 of 12 COMMERCIAL AUTO apply as excess insurance over this Cover- cepted by the"insured"for movement into age Form. or onto the covered"auto";or SECTION V—DEFINITIONS c. After the "pollutants" or any property in A. "Accident" Includes continuous or repeated expo- which the "pollutants" are contained are sure to the same conditions resulting in "bodily in moved from the covered "auto" to the jury"or"property damage". place where they are finally delivered, B. "Auto"means: disposed of or abandoned by the "in- sured". 1. Aland motor vehicle, "trailer" or semitrailer designed for travel on public roads;or Paragraph above does not apply to fuels, lubricants, flulu ids,exhaust gases or other shrill. 2. Any other land vehicle that is subject to a lar "pollutants" that are needed for or result compulsory or financial responsibility law or from the normal electrical, hydraulic or me. other motor vehicle Insurance law where it is chanical functioning of the covered"auto" or licensed or principally garaged. its parts, if: However, "auto" does not include "mobile equip- (1) The "pollutants" escape, seep, mi- ment". grate, or are discharged,dispersed or C. "Bodily Injury" means bodily injury, sickness or released directly from an "auto" part disease sustained by a person including death designed by its manufacturer to hold, resulting from any of these. store, receive or dispose of such "pol- D. "Covered pollution cost or expense" means any lutants"; and cost or expense arising out of: (2) The "bodily injury", "property dam- 1. Any request, demand, order or statutory or age" or"covered pollution cost or ex. regulatory requirement that any"Insured" or parse' does not arise out of the op- others test for, monitor, clean up, remove, oration of any equipment listed in contain, treat, detoxify or neutralizo, or in any Paragraph G.b, or 6,c. of the defini- way respond to, or assess the effects of"pol- tion of mobile equipment", lutants';or Paragraphs b. and c. above do not apply to "accidents" that occur away from premises 2. Any claim or"suit' by or on behalf of a gov- owned 6y or.rented to an "insured" with re- ernmental authority for damages because of spect to"pollutants" not in or upon a covered testing for, monitoring,cleaning up, removing, "auto"if: containing, treating, dotoxifying or neutraliz- ing, or In any way responding to or assessing (1) The "pollutants" cr any property in the effects of"pollutants", which the "pollutants" are contained "Covered pollution cast or expense" does not in- are upset, overturned or damaged as a result of the maintenance or use of clude any cost or expense arising out of the ac- tual, alleged or threatened discharge, dispersal, a covered "auto":and seepage, migration, release or escape of "pollut- (2) The discharge, dispersal, seepage, ants"; migration, release or escape of the " a. That are, or upset,overturn or damage, that are contained in any pollutants"is caused directly by such Property that is: E. "Diminution in value" means the actual or per, (1) Being transported or towed by, han- calved loss in market value or resale value which died, or handled for movement into, results from a direct and accidental"loss". onto or from the covered "auto'; F. "Employee" includes a "leased worker". "Cm- (2) Otherwise in the course of transit by ployee"does not include a "temporary wol ker-". or on behalf of the"insured"; --�r°G,• "Insured" means any person or organization quali- (3) Being stored, disposed of, treated or fying as an insured in the Who Is An Insured pro- processed In or upon 'tile covered vision of the applicable coverage, rxcept with re- auto"; spect to the Limit of Insuranco, the coverage af- b. Before the "pollutants" or any property In forded applies separately to earh insured who is which the "pollutants" are contained are seeking coverage or against whom a claim or moved from the place where they are an- "suit'is brought. Page 10 of'12 O ISO Properties, Inc., 2005 CA 00 01 03 06 COMMERCIAL AUTO I N "Insured contract"means: "Leased worker" does not Include a "temporary 1. A lease of premises; worker". 2. A sidetrack agreement; J. "Loss" means direct and accidental loss or d6m- 3. Any easement or license agreement, except age. In connection with construction or demolition K. "Mobile equipment" means any of the following operations on or within 50 feet of a railroad; types of land vehicles, Including any attached 4. An obligation, as required by ordinance, to in. machinery or equipment: demnify a municipality, except in connection 1. Bulldozers,farm machinery,forklifts and other with work for a municipality; vehicles designed for use principally off public r5. That part of any other contract or agreement roads; pertaining to your business (Including an In 2, Vehicles maintained for use solely on or next demnification of a municipality in connection to premises you own or rent; I with work performed for a municipality) under 3, Vehicles that travel on crawler treads; which you assume tine tort Ilablllfy of another 4. Vehicles, whether self-propelled or not, main- to pay for"bodily injury" or"property damage" tamed primarily to provide mobility to perma- to a third party or organization. Tort liability nently mounted: means a liability that would be Imposed by a. Power cranes, shovels; loaders,law in the absence of any contract or agree- diggers ment; or drills;or 6. That part of any contract or agreement en- b. Road construction or resurfacing equlp- tered into, as part of your business, pertaining ment such as graders, scrapers or rollers. to the rental or lease, by you or any of your 5. Vehicles not described In Paragraph 1.,2., 3., "employees", of any "aura". However, such or 4,above that are not self-propelled and are contract or agreement shall not be considered maintained primarily to provide mobility to an "insured contract"to the extent that it obli- permanently attached equipment of the fol- gates you or any of your"employees"to pay lowing types: for "property damage"to any"auto" rented or a. Air comp lessorspumps and generators, i leased by you or any of your"employees', including spraying, welding, building i An "insured contract" does not include that part of cleaning, geophysical exploration,lighting any contract or agreement: and well servicing equipment;or a. That indemnifies a railroad for"bodily in- b. Cherry pickers and similar devices used jury" cr "property damage" arising out of to raise or lower workers, construction or demolition operations, 6. Vehicles not described in Paragraph 'I.,2., 3. within 50 feet of any railroad property and or 4, above maintained primarily for purposes affecting any railroad bridge or trestle, other than the Transportation of persons or cracks, roadbeds, tunnel, underpass or cargo. However, self-propelled vehicles with crossing;or the following types of permanently attached b. flat pertains to 'tile loan, lease Or rental equipment are not"mobile equipment" but will of an "auto" to you or any of your "em. be considered "autos": ployees if the"auto" is loaned, leased or a. Equipment designed primarily for: rented with a driver;or c. That holds a person or organization en- (1). Snow removal; gaged In the business of transporting (2) Road maintenance, but not constwo- property by "auto" for hire harmless for tlon or resurfacing; or your use of a covered "auto" over a route (3) street cleaning; or territory that person or organization Is b. Cherry pickers and similar devices authorized to servo by public authority. mounted on automobile or truck chassis L "Leased worker" means a person leased to you and used to raise or lower workers; and by a labor leasing firm under an agreement be- tween you and the labor leasing firm, to perform c. .Air compressors, pumps and generators, duties related to the conduct of your business. Including spraying, welding, building cleaning, geophysical exploration, lighting or•well servicing equipment. CA 00 01 03 06 @ Ise Properties, Inc., 2005 Page 11 of 12 6801497P251 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CARErULLY. OREGON CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies Insurance provided under the following: CAPITAL ASSETS PROGRAM(OUTPUT POLICY)COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART '.. A. Paragraph 2.of the Cancellation Common Policy e. 60 days or more or Is a renewal policy, Condition is replaced bythefollowing; we may cancel for any other reason ap- t. If this policy has been in effect for: proved by the commissioner by rule, but a. Fewer than 60 days and is not a renewal only with respect to Insurance provided policy,we may cancel for any reason. underthe following: b. 60 days or more or is a renewal policy, (1) A package policy that Includes WO may cancel only for one or more of commercial property and commercial the fallowing reasons; ability Insurance; (1) Nonpayment of premium; (2) Commercial Automobile Coverage Part; (2) Fraud or maferlal misrepiesentatfon (3) Commercial General Liability Cover- made by you or with your knowledge age Part; in obtaining the policy,continuing the policy or In presenting a claim under (4) Commercial Property Coverage Part the policy; —Legal Liability Coverage Form; (3) Substantial Increase in the dsk of (5) Commerdal Property Coverage Part loss after insurance coverage has —Mortgageholders Errors And Omis- been Issued or renewer!, including sions Coverage Form; but not limited to an increase in e>;- (6) Employment-related Pradlons Liabil- posw'e due to rules, legislaffon or ifyCoverage Part; court decision; (7) Farm Coverage Part— Farm Liability (A) Failure to comply with reasonable Coverage Form; loss control recommendations; (8) L!yuor Liability Coverapo Part; (6) Substantial breach of Contractual du- ties, conditions or war rantles; (9) Products(Compfeted Operations LI- ablllty Coverage Part;or (6) Determination by the commissioner that the continuation of a !!lie of in- ('I O) Medical Professional Liability Cover, surance or class of business to aye Part which the policy belongs will jeop.. B. Paragraph 3. of ale Cancellation Common Policy ard!zo our solvency or will place us Condition is amended by the addition of the fel- in violation of the insurance lauds of lowing: Oregon or any other state;or 3. WO will mail or deliver to the nrst Named In- (7) Losa or decrease in reinsurance sursd written notice of cancellation, stating coverhig the risk. the reason for cancollatien. IL 02 79 09 08 ©ISO Properties, Inc.,2007 Page 'I of 2 C. The following Is added to the Cancellation eration the premium Is guaranteed, we may Common Policy Condition: not refuse to renew the policy at its anniver- 7. Number Of Days'Notice Of Cancellation; sary date. a. With respect to insurance provided under Nonrenewal will not be effective until at least 2.c.(1) through (10) above, cancellation 46 days after the first Named Insured re- will not be effective until at least 10 work- calves our notice, ing days after the first Named Insured re- 2, Mailing Of Notices coNes our notice. a. If notice of cancellation or nonrenewe[ Is b. With respect to Insurance other than that mailed, a post office certificate of mailing provided under 2.c.(1) through (10) will be conclusive proof that the first above, cancellation will not be effective Named Insured received the notice on the until at least: third calendar day after the date of the (1) 10 days after the first Named Insured certificate of mailing. receives our notice, if we cancel for b. The following provision applies with re- nonpayment of premium;or spect to coverage provided under the (2) 30 days after the first Named Insured Farm Coverage Part: receives our notice, if we cancel for f the first Named Insured has affl m- any other reason, tively consented to our use of an elec- D. Paragraph Q. of the Cancellation Common Policy . fronts record to deliver notice of cancella- Condition does not apply. tion or nonrenewal and has not withdrawn P. The following are added and suporsede any pro- such consent, then the electronic record vision to the contrary; delivering notice of cancellat on or nonre- 9. Nonrenewal newal satisfies the requirement that the notice of cancellation or nonrenewal be We may elect not to renew this policy by mail- provided, or made available, to the first ing or delivering to the first Named Insured, at Named Insured in writing if we send the the last mailing address known to us, written first Named insured the electronic record notice of nonrenewal before the: with a request for a return receipt and we a. Expiration date of the policy;or receive the return receipt, If we do not a- b. Anniversary date of fhe policy if the policy ceivo the return rocelpt,wa may cancel or is written for a term of more than one year nonrenew the policy only after providing orwifhouta fixed expiration date. or deliveripg the notice of cancellation or nonrenewal to the first Named Insured in However, if this policy Is issued for a term of wilting,sub)ectfo Paragraph 2.a.above, more than one year and for addifional consfd- C Pago 2 of 2 ©ISO Properties, Inc„ 2007 It,02'70 09 03 • KENT NaSHINGT ON Agenda Item: Consent Calendar - 7G TO: City Council DATE: September 3, 2013 SUBJECT: Limited Street License with Zayo Group, LLC - Authorize MOTION: Authorize the Mayor to sign a Limited Street License with Zayo Group, LLC, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Zayo Group, LLC, is a private telecommunications company whose service area includes the city of Kent. Zayo has requested that the City grant it a License along several streets to use the public right-of-way to install and operate its telecommunications system. In accordance with state law, cities may require telecommunications companies to obtain a license to operate their facilities within city limits. This Limited Street License constitutes a use permit and only grants Zayo the right to operate within Kent's right- of-way for five years. Zayo will still be required to obtain and pay fees for permits to install these facilities. EXHIBITS: Limited Street License RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: A one-time fee of $4,611 will be paid by Zayo to cover the City's cost of administering this license. i CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor a warded the Agreement. I, the undersigned, a duly represented agent of Otak, Inc. Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Boeing Levee ERP and Briscae/Desimone Levee that was entered into on the November 27, 2013 (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.: - —— i For: Title; _ YfYIYjj4,IiQL� �. -- Date; f / 3/ i EEO COMPLIANCE DOCUMENTS - I i