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HomeMy WebLinkAboutPW14-135 - Original - Fehr & Peers - S. 212th St. Grade Crossing Closure - 05/23/2014 X!„ C �. Records Ma a " gemNT e'riJ. s WASH NOTON Document t 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: Fehr and Peers Vendor Number: ]D Edwards 'Number 02 Contract Number: 1 This is assigned by City Clerk's Office Project Name: S. 212th St. Grade Crossing Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 5/23/14 Termination Date: 5/30/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kelly Peterson Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Review the cost of delay clue to the BNSF Railroad Grade Crossing Closures at S. 212th Street. I S:Publlc\RecordsManagement\Farms\ContractCover\adcc7832 1 11/08 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Fehr & Peers THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Fehr & Peers organized under the laws of the State of Washington, located and doing business at 1001 4th Ave., Suite 4120, Seattle, WA 98154-1155, Phone: (206) 576-4245/Fax: (206) 576-4220, Contact: Dan Grayuski (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall review the cost of delay due to the BNSF Railroad Grade Crossing Closures at S. 212th Street. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. i i Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed, II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by May 31, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Thousand, Four Hundred Fifty Dollars ($1,450.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B, The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the CONSULTANT SERVICES AGREEMENT - 1 (Under$10,000) I Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations; A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction., If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, Its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment j Opportunity Policy Declaration, Comply, with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, The City shall cornponsate ConsultEmi in accordance width the CONSULTANT SERVICES AGREEMENT - 2 _ Provisions of this Agreement for all work performer) prior to (Under$10,000) termination, whotheror not such 'siork is corn plete. damages, losses or suits, including all legal costs and attorney fees, ar"--eut of-er-+n connect-Ior, v,.It—-the--Corvt3ltant -performance-efthic,Agreement;-ex W for--t1i -pGrtion--of-the mfurles-aid-damages-saased-by-the-Oity's.--negligence. 4o the, ehte r7!of Gart;uttap7t`,,� negligence, The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an Independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of Inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and CONSULTANT SERVICES AGREEMENT - 3 (Under$10,000) subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or 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. CONSULTANT SERVICES AGREEMENT - 4 (Under$10,000) H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By, f d ( ignature) (signature) Print Name, �fZ �f - rS Print Name: Kelly Peterson Its: ., Its: Special Projects Manager (title) , DATE: �> i 4 € DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Dan Grayuski Timothy J. LaPorte, P.E. Fehr & Peers City of Kent 1001 4th Ave., Suite 4120 220 Fourth Avenue South Seattle, WA 98154-1155 Kent, WA 98032 (206) 576-4245 (telephone) (253) 856-5500 (telephone) 206 576-4220 (facsimile) _ (253) 856-6500 (facsimile) Fehr&Peers-2Wi BNSF/Peterson CONSULTANT SERVICES AGREEMENT 5 (Under$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: k" For: Title:. r y Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY IVE DATE: January 1 1998 NUMBER; 1.2 EFFECT y i I SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 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 Fehr & Peers Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as BNSF Railroad Crossing at S. 2121h St. that was entered into on the May 23. 2014 (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: V V" t4 r,N-A Title: Date: _ r EEO COMPLIANCE DOCUMENTS - 1 ?WIq -26 EXHIBIT A FEHR� PEERS i ATTACHMENT A: SCOPE OF WORK PEER REVIEW OF THE COST OF DELAY DUE TO GRADE CROSSING CLOSURE @ S. 212TH ON THE BNRR DOCUMENT Peer Review • Fehr& Peers will review the Cost of Delay due to Grade Crossing Closures at S. 21218 on the BNRR document dated May 9, 2014, provide by the City of Kent on May 9, 2014, Based on our experience with other similar projects, we will provide a peer review of the methodologies and assumptions contained in the document with an understanding that the City is interested in the approximate daily or annual economic impact associated with the closures. We will confirm the number, frequency, and duration of the coal trains. We will also confirm the total vehicle delay estimates as well as the cost of delay estimates. The cost will be peer reviewed for the increased vehicle delay. Declines in property values, impacts to emergency vehicles, coal dust impacts, diversion of traffic impacts, noise impacts, economic costs to business, infrastructure improvement costs, etc. will not be considered. • We will provide our peer review to the City of Kent in a brief 1-page memorandum. Meeting Attendance No formal meetings are anticipated as part of the peer review; however, we will participate in one teleconference with the City. Budget Fehr& Peers will complete the above scope of work on a time and materials basis for a cost not to exceed $1,450 (not to be exceeded without written authorization). Schedule This work will be completed within 1 week from receiving written authorization to proceed. 1001 41h Aynnue,Suite 4120,Seattle WA 98154 (206)570-4220 Fax(206)576-4225 www,f ehrandpeers.corn FEHRPEERS FEHR & PEERS BILLING RATES AND REIMBURSABLE EXPENSES 2013-2014 (July 2013 through June 2014) Hourly Billing Rates Classification Hourly Rate Principal $200.00 - $315.00 Senior Associate $175.00 - $230.00 Associate $120.00 - $195.00 Senior Engineer/Planner $125,00 - $175.00 Engineer/Planner $95.00 - $135.00 Senior Technical Support $120.00 - $165.00 Senior Administrative Support $100.00 - $125.00 Administrative Support $90.00 - $120.00 Technician $80.00 - $130.00 Intern $50.00 - $90.00 • Other Direct Costs/Reimbursable expenses are invoiced at cost plus 10% for handling. • Personal auto mileage is reimbursed at the then current IRS approved rate (56.5 cents per mile as of Jan 2013). • Voice & Data Communications (Telephone, fax, computer, e-mail, etc.) are invoiced at cost as a percentage of project labor. effective 612912013 Fehr &Peers reserves the right to change these rates at any tinge with or without advance notice. EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3, Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2, The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice byac-erdfled-malli—ret-ursrrecetpt- -ega d,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 A:VII. 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 Contractor 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. Client#: 13635 FEHRPEERS ACORD. CERTIFICATE OF LIABILITY INSURANCE 5iis120 a'""' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ), Dealey, Renton &Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 12675 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland,CA 94604.2675 510 465-3090 INSURERS AFFORDING COVERAGE INSURER -- INSURERA: Hartford Casualty Insurance Co. Fehr&Peers INSURERB: American Automobile Ins.Co. �� 100 Pringle Ave,Suite 600 INSURER c: ACE American Insurance Company Walnut Creek, CA 94596 INSURERD: INSURER E: COVERAGES I'HE 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, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION LIMITS L R TYPE OF INSURANCE POLICY NUMBER DATE MMIDD/YY DATE MMIDD YY A GENERALLIABILITY 157SBWVA1664 11/01/13 11/01/14 EACH OCCURRENCE $1000000 X COM MERGIAL GENERAL LIABILITY I FIRE DAMAGE(Any ana Ore).. $1,000000 _ CLAIMS MADE LXJ OCCUR MED EXP(Any ona person). $10000 PERSONAL&ADV INJURY $10000-00 GENERAL GEN'L AGGREGATE L11M ITAPPLIES PER; I PRODUCTS GCOMPAOPAGG $2000000 POLICY X I jECT LOC A AUTOMOBILE LIABILITY 57SBWVA1664 11/01/13 11/01/14 I�,COMBINED SINGLE LIMIT $1,000,000 ANY AUTO (En accident) ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS ... X HIREDAUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per eccltlenf) PROPERTY DAMAGE $ i (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHERTHAN EAACC $ AUTO ONLY: AGO $ - EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ 5 DEDUCTIBLE ��.._ $ RETENTION $ $ B WORKERS COMPENSATION AND WZP81017914 05/01114 05/01/15 X C STATU- OTH- E EMPLOYERS'LIABILITY E.L.EACH ACCIDENT__.,_ S1,000000 E.L.DISEASE-EA EMPL OYEE $1,000,000 E.L.DISEASE-POLICY LIMIT $1,000 000 C OTHER Professional G23669687002 12/06/13 12/06/14 $3,000,000 per Claim Liability $3,000,000 Annl Aggr. DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES)EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS General Liability Policy excludes claims arising out of the performance of professional services. RE: ALL OPERATIONS OF THE NAMED INSURED. BNSF Railroad Crossing and S. 212th St./F&P#SE14-0342.00.The City of Kent is included as Additional Insured for General Liability and Auto Liability. Insurance is Primary and non contributory per policy farm. For General Liability, there is no restriction for work within 50 feet of a railroad. CERTIFICATE HOLDER ADD ITIONAL INSURED;INSURERLETTER: CANCELLATION 10 Days for Non-Payment SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION City of Kent DATE THEREOF, THE ISSUING INSURER WILL RAA6n{ XTP MAIL 30 DAYSWRITTEN Attn: Nancy Yoshltake NOTICETOTHE CERTIFICATE HOLDER NAM ED TOTHE LEFT,Bbr35Adx1ACR"A3P6ARXAIXXX 400 West Gowe ENDe-6R;49PQFJUf3ndXXiN3A7lAQCIxNX7pRXXXWXRXEP➢1XSLXRS19d4Dl9EAXTHWnHLVSRX7% Kent,WA 98032 "WiMN)ATI eAx AUTHORIZED REPRESENTATIVE ACORD 25-S(7197)1 of 1 #S985650/M967228 NMF o ACORD CORPORATION 1988 Insured: Fehr&Peers III; Insurer: Hartford Casualty Insurance Co. Policy Number: 57SBVVVA1664 Policy Effective Date; 11101/13 Additional Insured: The City of Kent I EXCERPTS FROM: Hartford Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM C.WHO IS AN INSURED 6.Additional Insureds When Required By Written Contract,Written Agreement Or Permit The person(s)or organization(s)identified in Paragraphs a.through I. below are additional insureds when you have agreed, in a written contract,written agreement or because of a permit issued by a state or political subdivision,that such person or organization be added as an additional Insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. f.Any Other Party (1)Any other person or organization who is not an insured under Paragraphs a.through e. above, but only with respect to liability for"bodily injury,"property damage"or"personal and advertising Injury"caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with"your work"and included within the"products-completed operations hazard, but only if (i)The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii)This Coverage Part provides coverage for"bodily injury"or"property damage"included within the "products-completed operations hazard. (2)With respect to the insurance afforded to these additional insureds,this insurance does not apply to: "Bodily injury,"property damage"or"personal and advertising injury"arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: inspection,or engineering E.5. Separation of Insureds Except with respect to the Limits of Insurance,and any rights or duties specifically assigned in this policy to the first Named Insured,this insurance applies: a.As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or"suit"is brought. E.7.b.(7).(b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract,written agreement or permit that this insurance is primary and non- contributory with the additional insured's own insurance,this insurance is primary and we will not seek contribution from that other insurance. E.8.b. Waiver Of Rights Of Recovery(Waiver Of Subrogatlon) If the insured has waived any rights of recovery against any person or organization for all or part of any payment,including Supplementary Payments,we have made under this Coverage Part,we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. EXCERPT FROM Hartford Form SS 04 38 06 07 HIRED AUTO AND NON-OWNED AUTO B.With respect to the operation of a"non-owned auto",WHO IS AN INSURED is replaced by the following: The following are "insureds": d. Anyone liable for the conduct of an"insured", but only to the extent of that liability.