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HomeMy WebLinkAboutPK14-141 - Original - Reid Middleton, Inc. - Lake Meridian Dock Replacement Grant Assistance Services - 06/06/2014 Records M{ :te x e m e KENT � � °` Document wnsnixcrox xsttt l� -an 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: Reid Middleton Vendor Number: ]D Edwards Number Contract Number: ®, 1 This is assigned by City Clerk's Office Project Name: Lake Meridian Dock Replacement Grant Assistance Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 6/6/2014 Termination Date: 7/6/2014 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Hope Gibson Department: Parks Planning & Dev. Detail: (i.e. address, location, parcel number, tax id, etc.): technical data & design drawing details to include with RCO grant applications PPD Contract #PPD14-16 S:Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 e KENT WASHINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Reid Middleton, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Reid Middleton organized under the laws of the State of Washington, located and doing business at 728 134th Street SW, Suite 200, Everett, Washington 98204; Shannon Kinsella (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: As Described in Exhibit A, attached: Provide technical assistance with RCO grant application for Lake Meridian Dock Replacement 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 within 30 days. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Six Thousand Dollars and no cents ($6,000.00), 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) 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 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, CONSULTANT SERVICES AGREEMENT - 2 (Under$10,000) damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's negligent 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 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. 1, 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: 6411. Shmnnon Kinsella(Jun 3,2014) By: �y By. (signature) 7 r - (signature) ="q Print Name: Print�Nam Jeff Watling A@8incinal Its: Parks Recreation & Community (title) Services Director DATE: ka6 . , i NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Shannon Kinsella Hope Gibson Reid Middleton Inc. City of Kent 728 134`" St, SW, Ste 200 220 Fourth Avenue South Everett, WA 98204 Kent, WA 98032 425-741-5012 (telephone) (253) 856-5112 (telephone) skinsella@reidmiddleton.com hgibson@kentwa.gov P:/Plannln,"ke Merldlan/Dock/Reld Mlddleton Grant Asslst-CONTR U.doa CONSULTANT SERVICES AGREEMENT- 5 ninrrar ,tin-nnm j 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. ,5"n /\l/N,5eZI L By: Shannon IGnsella(Jun 3,2014) For: Reid Middleton Title: 2014 EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY I 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. I i EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By. For: Title: Date: I i EEO COMPLIANCE DOCUMENTS - 3 e Celebrating the past Building the future _ May 30, 2014 File No.24-14-913-00 6 Ms. Hope Gibson Parks Planning and Development Manager City of Kent 220 4th Avenue South Kent, WA 98032 Subject: Scope of Services Meridian Lake Dock Replacement Grant Assistance Dear Ms. Gibson: Thank you for considering Reid Middleton,Inc.to provide professional engineering grant assistance services for the replacement of the public dock in Lake Meridian. We look forward to working with you on this project. A. PROJECT UNDERSTANDING The City of Kent(City)owns and operates Meridian Lake Park in Kent, Washington. The park includes an existing H-shaped public dock that is used for swimming and fishing. The dock is nearing the end of its useful life. The City of Kent Park's and Recreation Department is planning on replacing the existing public dock at Lake Meridian Park in its existing footprint. The Lake is not owned and managed by the Washington Department of Natural Resources and therefore a lease and lease requirements from DNR will not be required for the renovation project. The City has submitted a preliminary application for grant funding for the project to the Washington State Recreation and Conservation Office (RCO)to partially fund replacement of the dock structure. The City has requested technical assistance with the grant application process including typical section and design detail drawings for the project to a sufficient level of detail for the grant application. The City has also requested Reid Middleton review a cost .012 estimate for the project prepared by others for the City. The following is the scope of services for the grant assistance for the project. 2 Ms.Hope Gibson City of Kent May 30,2014 File No.242014.913.00 Page 2 B. SCOPE OF SERVICES I. Reid Middleton will provide the following services: a. Site visit and background review. Meet with the City on site to review the existing site and dock features and discuss the goals for the project. These may include site features such as type of dock construction, ADA accessible fishing handrails, and amenities such as ladders. The existing drawings for the facility will be reviewed prior to the site visit. b. Provide preliminary drawings of engineering details for the facility in pdf format. These details will be suitable for inclusion by the City in the permit application materials and power point presentations for the grant agency. One draft set of drawings will be provided to the City for review and on final set of drawings will be provided. The drawings will be provided in pdf format. c. Review and provide comments on the previously prepared cost estimate. 2. Exclusions This scope of services excludes any participation in grant meetings in Olympia, design and permitting services, and additional site meetings. C. PERIOD OF PERFORMANCE Reid Middleton is prepared to proceed with the services upon receipt of a signed agreement. Schedule for completion of the project tasks will be developed upon initiation of the services and is subject to the City's approval. D. CLIENT'S RESPONSIBILITIES The City shall provide available pertinent data,documents,and other information to Reid Middleton as necessary to complete the services outlined in Section B above. i I r � Ms.Hope Gibson City of Kent May 30,2014 File No.242014,913.00 Page 3 E. COMPENSATION i For services described in Section B, Item 1,Reid Middleton shall be paid on a "time-plus-expenses"basis using the rates indicated in the attached Exhibit"A," Schedule of Charges Effective July I, 2013. We estimate the fee for this portion of the services to be$6,000. F. REID MIDDLETON STAFF Shannon Kinsella will be the project manager primarily responsible for this job. However, other individuals at Reid Middleton will work on aspects of your project as required. We appreciate the opportunity to submit this scope of services. If you have any questions or comments please call me. Sincerely, Reid Middleton,Inc. Shannon Kinsella,P.E. Principal, Waterfront Group Director Attachments clw\11:\D0C\24Wf\2014\913\Lake Meridian Dock City of Kent\Meridian Lake Scope Letter.doclstak I Z z Reid Middleton,Inc. Exhibit "E-l" Schedule of Charges Effective July 1,2013 through June 30,2014 I. Personnel Hourly Rate Principal... ............ .................-........... .................... .............- $200.00- 230.00 Nincipal Engineer/Princiral Plarmer/Principal Surveyor...........—............ 205.00 Senior Engincer/Senjoi , P arilionSenior Surveyor................... ............. .........$ 165,00- 180.00 Project Engineer/Project Desi nertProJect Surveyor/Project Planner ....................$ 130.00- 150.00 Design En 6 , ,lineer/Designer it/ esign I ochnician Survey Crew Chieff Technical Writer fl/Gra qt bic Designer[I.......................... ........—...........................$ 115-00-$ 120.00 Designer I/Planner/CAD clinician 11...................-.................................................$ 100.00-$ 105,00 Project Administrator..............—1-V.,........ $ 90.00-$ 100.00 i ............ . CAD Technician I/Survey ...... ...............$ 75.00-$ 9000 Survey Crew(2 Person/RTK/Robotic)......... ..............................................................$ 170.00 Survey Crew(3 Person/GPS).......................... ................................... $260.00 Expert Witness/Forensic Engineering......—.................1.5 times usual hourly rate(4 hour minimum) Individuals not in the l regular employ of Reid Middletonmay occasionally be engaged to meet specific ect requirements. Charges for such personnel will be comparable to charges for regular Reid Middleton personnel. A premium may be charged if project requirements make overtime work necessary. II. Equipment Rate Design Software/Computer Aided Drafting................................................................$ 12.00/hour Ill. Reimbursable Expenses Local Mileage-Automobile .....................................................................................—$ 0.65/mile LocalMileage-Survey Truck ......--.................................... ........-1--......................$ 0.65/mile EX uses that are directly attributable to die project are invoiced at cost plus 15%. These expenses hie Todo,but are not limited to,subconsultant or subcontractor services,travel and subsistence, conriatinications,couriers,postage fees and permits,document reproduction,special instrumentation and field equipment rental,premiums ror additional insurance where required,special sipplies,and other costs directly applicable to the Project. A new schedule of charges is issued and becomes effective July I each year. Charges for all work, including continuing projects initiated in prior years,will be based on the latest schedule ofcharges. IV. Client Advances Do' � parties a ag ree otherwise th erw " 0 .a writing,cb"�e s for the "0"u0 w'cg items shall Ia"'0 'a"by Y dieC i Ou directly,shall 10thrs ons ''II Reid MJ daad" "1 b h addition d iu including Po aIt 0i rCcw1Cc ,Joll'=tcs !0�r �s n costs,charges Elie s for ot ac'at piotogripyaad charges for monuments. IFRCId iddlctoucCt IneSlnItsdIscretiol,to advanceany otiles0c costs In tIeate interest of amount at.tIcadvIi e, s arIfteenputccit a rallstt e ,siI11 bePaidIytheCIIoutuponpre ent,t 0110 a invoice etuereare H:IDOCTORWEXHIBITMOO-A.doc 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 Liabilitv insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. EXHIBIT B (Continued ) 2. Commercial General Liability insurance shall be written with limits no less than $3,000,000 each occurrence, $3,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than 35,000,000 per claim and $3,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers i 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 Consultant before commencement of the work. EXHIBIT B (continued ) 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. I I Client#: 320284 REIDMID dMMIDDIyACORDTM CERTIFICATE OF LIABILITY INSURANCE OA 6103/2014 YI 03/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: Kibble&Prentice, a USI Co PR (PA HONE 206 441.8300 610-362-8528 AIC No Ext: A/C No 601 Union Street,Suite 1000 E-MAIL I certre com.com uest k ADDRESS: P q P Seattle,WA 98101 INSURER(S)AFFORDING COVERAGE NAIC# _ INSURER A:American Casualty Co of Reading 20427 INSURED INSURER B:U.S.Specialty Insurance Compa 29599 Reid Middleton, Inc. " INSURER C 728 134th St SW Suite 200 -" INSURER D: Everett,WA 98204-7332 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: j THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADDL SUBR POLICYEFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR MD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY _ A GENERAL LIABILITY 3011014358 11/01/2013 11/01/2014 EACH OCCURRENCE ($1,000,000 DAMMgqGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Eeoccurrence $1,000,000 CLAIM&MADE XI OCCUR MED EXP(Any one person) $10,000 PERSONAL A ADV INJURY S1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG 52,000,000 POLICY X PRO- LOC $ COMBINED SINGLE LIMIT A AUTOMOBILE LIABILITY ry 13011014375 11/01/201311/01/201 Ea accident __ _._$1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Peramitlenry $ X HIRED AUTOS X NON-OWNED PROPERTY PERTY DAMAGE $ AUTOS $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ _ $ A WORKERS COMPENSATION 3011014358 11/0112013111101/201 WCSTATU- X DTH- AND EMPLOYERS'LIABILITY -- ANY PROPRIETOWPARTNEWEXECUTIVE YIN (WA Stop Gap) E.L.EACH ACCIDENT $1000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) EL DISEASE-EA EMPLOYEE $1,000,000 I(yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Professional USS1324398 11/01/2013 11/01/2014 $2,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS[LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: RM Project#242014.008.000, Lake Meridian Dock Replacement. The General Liability and Automobile Liability policies includes a blanket automatic Additional Insured endorsement that provides Additional Insured status to the Certificate holder,only when there is a written contract or written agreement between the named insured and the certificate holder that requires such status,and only with regard to work performed on behalf of the named insured.The General Liability policy contains a special endorsement with Primary and Noncontributory wording. CERTIFICATE HOLDER CANCELLATION i City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988.2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #512622500/M11173826 MXTJU II SB-300176-B NA Policy No. 3011014358 Reid Middleton, Inc. (Ed. 01/08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGN ONE LIABILITY EXTENSION WITH OFFICE POLLUTION LIABILITY COVERAGE This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS SCHEDULE OF LIMITS FOR OFFICE PREMISES LIMITED POLLUTION LIABILITY COVERAGE Each Pollution Incident Limit $1,000, 000 Pollution Liability Aggregate Limit $2, 000, 000 (If no entries appear in the above Schedule, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Table of Endorsement Contents Item# Topic Name Changes to Section A.Coverages 1. Enhanced Supplementary Payments Changes to Section B. Exclusions 2. Extended Property Damage Coverage 3. Contractual Liability for Personal and Advertising Injury Changes to Section C.Who Is An Insured 4. Additional Insureds: State or Political Subdivisions — Permits, State or Political Subdivisions, Controlling Interest, Managers or Lessors of Premises, Mortgagee, Assignee or Receiver, Co-owner of Insured Premises, Lessor of Equipment 5. Fellow Employee First Aid 6. Retired Partners, Members, Directors, and Employees 7. Participation in Professional Joint Ventures 8. Blanket Additional Insured with Products-Completed Operations Coverage and Blanket Waiver of Subrogation 9. Amendment—Aggregate Limits of Insurance (Per Project) Changes to Section F. Definitions 10. Extended Bodily Injury 11. Contractual Liability—Railroads 12. Office Premises -Limited Pollution Liability Coverage 1. Enhanced Supplementary Payments 2. Extended Property Damage The values shown in paragraph 1.f., Coverage Exclusion 1.a., Expected or Intended Injury, of Section Extension — Supplementary Payments, of Section B. Exclusions Applicable to Business Liability A. Coverages are amended as follows: Coverage, is deleted and replaced with the following: A. The amount shown in paragraph (b)for bail bonds This insurance does not apply to: is amended from$1,000 to$3,000. a. "Bodilyinjury' or "property dams e" expected or 1 ry" 9 P B. The amount shown in paragraph (d)for actual loss intended from the standpoint of the insured. This of earnings because of time off work is amended exclusion does not apply to "bodily injury" or from $250. per day to$300. per day. "property damage" resulting from the use of reasonable force to protect persons or property. SB-300176-B Includes copyrighted material of the Insurance Services Office,Inc.,with its permission. Page 1 of 11 (Ed. 01/08) Copyright,Insurance Services Office,Inc. SB-300176-B (Ed. 01/08) 3. Contractual Liability for Personal and Advertising C. Controlling Interest Injury Any persons or organizations with a controlling Exclusion 1.p.(5) of Section B. Exclusions interest in you but only with respect to their liability Applicable to Business Liability Coverage, is arising out of: j deleted. 1. Their financial control of you; 4. Additional Insureds 2. Premises they own, maintain or control while Section C.Who Is An Insured is amended to include you lease or occupy these premises. the following additional insureds, subject to the provisions stated below: This insurance does not apply to structural alterations, new construction and demolition A. State or Political Subdivisions—Permits operations performed by or for such additional 1. This insurance applies only with respect to insured. operations performed by you or on your behalf D. Managers or Lessors of Premises for which the state or political subdivision has A manager or lessor of premises but only with issued a permit. respect to liability arising out of the ownership, 2. This insurance does not apply to: maintenance or use of that specific part of the a. "Bodily injury," property damage," premises leased to you and subject to the "personal and advertising injury" arising following additional exclusions: out of operations performed for the state This insurance does not apply to: or municipality; or 1. Any "occurrence" which takes place after you b."Bodily injury" or "property damage" cease to be a tenant in that premises;or included within the "products-competed 2, Structural alterations, new construction or operations hazard." demolition operations performed by or on B. State or Political Subdivisions behalf of such additional insured. A state or political subdivision subject to the E. Mortgagee, Assignee or Receiver following provisions: A mortgagee, assignee or receiver but only with 1. This insurance applies only with respect to the respect to their liability as mortgagee, assignee, or following hazards for which the state or receiver and arising out of the ownership, political subdivision has issued a permit in maintenance, or use of a premises by you. connection with premises you own, rent, or This insurance does not apply to structural control and to which this insurance applies: alterations, new construction or demolition a. The existence, maintenance, repair, operations performed by or for such additional construction, erection, or removal of insured. advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, F. Co-owner of Insured Premises manholes, marquees, hoistaway A co-owner of a premises co-owned by you and openings, sidewalk vaults, street banners, covered under this insurance but only with respect or decorations and similar exposures; or to the co-owners liability as co-owner of such b. The construction, erection, or removal of premises. elevators. G. Lessor of Equipment 2. This insurance applies only with respect to Any person or organization from whom you lease operations performed by you or on your behalf equipment. Such person or organization are o for which the state or political subdivision has insureds only with respect to their liability arising issued a permit. out of the maintenance, operation or use by you of This insurance does not apply to "bodily equipment leased to you by such person or injury," "property damage" or personal and organization. A person's or organization's status a as an insured under this endorsement ends when advertising injury" arising out of operations performed for the state or municipality. their written contract or agreement with you for such leased equipment ends. SB-300176-B Includes copyrighted material of the Insurance Services Office,Inc.,with its permission. Page 2 of 11 (Ed. 01108) Copyright,Insurance Services Office,Inc. SB-300176-B (Ed. 01/08) With respect to the insurance afforded, these You are not insured for liability arising out of additional insureds, the following additional the acts or omissions of other co-venturers, exclusions apply: nor of their partners, members or employees. This insurance does not apply: This insurance is excess over any other insurance available to such a joint venture, 1. To any "occurrence" which takes place after whether primary, excess, contingent, or on the equipment lease expires;or any other basis. 2. To "bodily injury," "property damage" or "personal and advertising injury" arising out of B. The last paragraph of Section C. Who Is An the sole negligence of such additional Insured is deleted and replaced by the following: insured. Except as provided in 5, above, no person or Any insurance provided to an additional insured organization is an insured with respect to the designated under paragraphs A. through G. above conduct of any current or past partnership, joint does not apply to "bodily injury" or property venture or limited liability company that is not damage" included within the "products-completed- shown as a Named Insured in the Declarations. operations hazard." S. Fellow Employee First Aid 8. Blanket Additional Insured with Products- Completed Operations Coverage and Blanket Paragraph 2.a.(1)(d) of Section C. Who Is An Waiver of Subrogation Insured is deleted and replaced with the following: The following is added to Section C., - Who is an However none of these "employees" is an insured for: Insured: (d) "Bodily injury" or "personal and advertising injury" A. The Businessowners Liability Coverage form is arising out of his or her providing or failing to amended to include as an insured, any person or provide professional health care services. organization whom you are required to add as an However this restriction does not apply to first aid additional insured on this policy under a written administered by an "employee" who is not an contract or written agreement, but the written employed doctor or nurse. contract or written agreement must be: 6. Retired Partners, Members, Directors, and 1. Currently in effect or becoming effective Employees during the term of this policy; and Paragraph 2. of Section C. Who Is An Insured is 2. Executed prior to the "bodily injury," "property amended to include the following as insureds: damage," or"personal and advertising injury.' Individual persons who are retired partners, members, B. The insurance provided to the additional insured is directors or employees are also insureds, but only for limited as follows: "bodily injury," "property damage," "personal and advertising injury"that results from services performed 1. That person or organization is an additional for you under your direct supervision. insured solely for liability due to your negligence specifically resulting from "your 7. Participation in Professional Joint Ventures work" for the additional insured which is the A. The following paragraph 5. is added to Section C. subject of the written contract or written Who Is An Insured: agreement. No coverage applies to liability resulting from the sole negligence of the 5. You are also an insured for your participation additional insured. in a past or present joint venture that is not 2. The Limits of Insurance applicable to the named the Declarations, but only if such additional insured are those specified in the joint venture re meets all of the following criteria: written contract or written agreement or in the a. Each and every one of your co-venturers Declarations of this policy, whichever is less. are architectural, engineering or These limits of Insurance are inclusive of, and surveying firms; not in addition to, the Limits of Insurance b. The joint venture has no direct shown in the Declarations. employees; and 3. The coverage provided to the additional c. The joint venture does not own, rent or insured within this endorsement and section l titled Liability and Medical Expenses ease any real or personal property. Definitions — "Insured Contract" (Section F., However, you are insured only for the conduct item 9.), within the Businessowners Liability of your business within such a joint venture. Coverage Form, does not apply to "bodily SB-300176-B Includes copyrighted material of the Insurance Services Office,Inc.,with its permission. Page 3 of 11 (Ed. 01/08) Copyright,Insurance Services Office,Inc. SB-300176-B (Ed. 01/08) injury"or"property damage" arising out of the receive written notice of a claim or "suit" from the "products-completed operations hazard" additional insured. unless required by the written contract or D. Other Insurance (Section H.2. and H.3.) of the written agreement. Businessowners Common Policy Conditions 4. The insurance provided to the additional are deleted and replaced with the following: insured does not apply to "bodily injury," 2. This insurance is excess over any other "property damage," "personal and advertising insurance naming the additional Insured as an injury"arising out of an architect's, engineer's, or surveyor's rendering of or failure to render insured whether primary, excess, contingent any professional services, including: or any other basis unless a written contract written or written agreement specifically requires that a. The preparing, approving, or failing to this insurance be either primary or primary prepare or approve maps, shop drawings, and noncontributing to the additional insured's opinions, reports, surveys, field orders, own coverage. This insurance is excess over change orders or drawings and any other insurance to which the additional specifications by any architect, engineer insured has been added as an additional or surveyor performing services on a insured by endorsement. project of which you serve as a 3. When this insurance is excess, we will have construction manager; or no duty under Coverages A or B to defend the b. Inspection, supervision, quality control, additional insured against any "suit" if any engineering or architectural services done other insurer has a duty to defend the by you on a project of which you serve as additional insured against that "suit" if no construction manager. other insurer defends, we will undertake to do 5. This insurance does not apply to "bodily so, but we will be entitled to the additional injury," "property damage," or "personal and insured's rights against all those other advertising injury"arising out of: insurers. a. The construction or demolition work while When this insurance is excess over other you are acting as a construction or insurance, we will pay only our share of the demolition contractor. This exclusion amount of the loss, if any, that exceeds the does not apply to work done for or by you sum of: at your premises. (a) The total amount that all such other C. Businessowners General Liability Conditions— insurance would pay for the loss in the Duties in the Event of Occurrence, Offense, absence of this insurance; and Claim or Suit (Section E.2.) of the (b) The total of all deductible and self-insured Businessowners Liability Coverage Form is amounts under all that other insurance. amended to add the following: We will share the remaining loss, if any, with An additional insured under this endorsement will any other insurance that is not described in s as soon as practicable: this Excess Insurance provision and was not 1. Give written notice of an occurrence or an bought specifically to apply in excess of the " offense to us which may result in a claim or Limits of Insurance shown in the Declarations "suit" under this insurance; of this Coverage Part. 2. Tender the defense and indemnity of any E. Transfer of Rights of Recovery Against Others claim or"suit" to us for a loss we cover under To Us (Section K.2.) of the Businessowners this Coverage Part; Common Policy Conditions is deleted and o replaced with the following: 3. Tender the defense and indemnity of any 2. We waive any right of recovery we may have claim or "suit" to any other insurer which also against any person or organization against has insurance for a loss we cover under this whom you have agreed to waive such right of Coverage Part; and recovery in a written contract or agreement 4. Agree to make available any other insurance because of payments we make for injury or which the additional insured has for a loss we damage arising out of your ongoing _ cover under this coverage part. operations or "your work" done under a We have no duty to defend or indemnify an contract with that person or organization and included within the "products-completed additional insured under this endorsement until we operations hazard." SB-300176-B Includes copyrighted material of the Insurance Services Office,Inc.,with its permission. Page 4 of 11 (Ed. 01/08) Copyright,Insurance services Office, Inc. I SB-300176-B (Ed. 01/08) 9. Amendment- Aggregate Limits of Insurance (Per under the General Aggregate limit or the Project) Products/Completed Operations Aggregate A. For all sums which the insured becomes legally limit,whichever is applicable; and obligated to pay as damages caused by 2. Such payments shall not reduce any "occurrences" under Coverage A.1., and for all Construction Project General Aggregate limit. medical expenses caused by accidents under C. When coverage for liability arising out of the Coverage A.2., which can be attributed only to products-completed operations hazard" is ongoing operations at a single construction provided, any payments for damages because of project: "bodily injury' or "property damage" included in 1. A separate Construction Project General the "products-completed operations hazard" will Aggregate limit applies to each construction reduce the Products/Completed Operations project. The Construction Project General Aggregate limit, and not reduce the General Aggregate limit is equal to the amount of the Aggregate limit nor any Construction Project General Aggregate limit shown in the General Aggregate limit. Declarations. D. If a construction project has been abandoned, 2. The Construction Project General Aggregate delayed, or abandoned and then restarted, or if limit is the most we will pay for the sum of all the authorized contracting parties deviate from damages payable under Coverage A.1., plans, blueprints, designs, specifications or except damages because of "bodily injury' or timetables, the project will still be deemed to be "property damage" included in the "products- the same construction project. completed operations hazard," and for E. The provisions of the Limits Of Insurance section medical expenses payable under Coverage not otherwise modified by this endorsement shall A.2. regardless of the number of: continue to apply as stipulated. a. Insureds; 10. Extended Bodily Injury b. Claims made or"suits"brought; or Definition 3. "BodilyInjury," � ry," of Section F., c. Persons or organizations making claims Definitions, is deleted and replaced with the following: or bringing "suits." 3. "BodilyInjury" ) ry" means bodily injury, sickness or 3. Any payments made under Coverage A.I. for disease, mental injury or mental anguish damages or under Coverage A.2. for medical sustained by a person, including death resulting expenses shall reduce the Construction from any of these. Project General Aggregate limit for the 17. Contractual Liability-Railroads applicable construction project. Such payments shall not reduce the General With respect to operations performed within 50 feet of Aggregate limit shown in the Declarations nor railroad property, the definition of "insured contract" in shall they reduce any Construction Project Section F.,—Definitions is replaced by the following: General Aggregate limit applicable to other construction projects. 8. "Insured Contract" means: 4. The limits shown in the Declarations for a. A contract for a lease of premises. However, Liability and Medical Expenses, Damage to that portion of the contract for a lease of Premises Rented to You, and Medical premises that indemnifies any person or Expenses continue to apply. However, organization for damage by fire to premises instead of being subject to the General while rented to you or temporarily occupied by Aggregate limit shown in the Declarations, you with permission of the owner is not an such limits will be subject to the applicable "insured contract"; Construction Project General Aggregate limit. b. A sidetrack agreement; B. For all sums which the insured becomes legally c. Any easement or license agreement; obligated to pay as damages caused by "occurrences," and for all medical expenses d. An obligation, as required by ordinance, to caused by accidents, which cannot be attributed indemnify a municipality, except in connection only to ongoing operations at a single construction with work for a municipality; project: e. An elevator maintenance agreement; 1. Any payments made under Coverage A.1. for f. That part of any other contract or agreement damages or under Coverage A.2. for medical pertaining to your business (including an expenses shall reduce the amount available indemnification of a municipality in connection SB-300176-B Includes copyrighted material of the Insurance Services office,Inc.,with its permission. Page 5 of 11 (Ed. 01/08) Copyright,Insurance Services office,Inc. i POLICY NUMBER: 3011014375 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s)who are "insureds" under the Who Is An Insured Provision of the Coverage Form.This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: Named Insured: Authorized Representative SCHEDULE Name of Person(s)or Organization(s): "BLANKET ADDITIONAL INSURED WHERE REQUIRED BY CONTRACT" (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured"for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage :n Form. i i i CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 9-23186-A NA (Ed. 05/89) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM SCHEDULE Name of Person or Organization: "BLANKET WHERE REQUIRED BY CONTRACT" j i I (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) We waive any right of recovery we may have against the damage must arise out of your activities under a contract person or organization shown in the Schedule because of with that person or organization.The waiver applies only to payments we make for the injury or damage. This injury or the person or organization shown in the Schedule. a I 9-23186-A Page 1 of 1 (Ed.05/89)