Loading...
HomeMy WebLinkAboutPW14-155 - Original - Shannon & Wilson, Inc. - Briscoe-Desimoine Levee Reach 2 - 06/18/2014 ' Fnh ® Records Man ' n0i KEN T W 9X1NOTON ;;�=,� r Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Shannon & Wilson, Inc. Vendor Number: ID Edwards Number pq Contract Number: ®1-1 This is assigned by City Clerk's Office Project Name: Briscoe-Desimone Levee Reach 2 Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 6/18/14 Termination Date: 12/31/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ken Langholz Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Provide a second addendum to the Biological Assessment for the project. S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Shannon & Wilson, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Shannon & Wilson, Inc. organized under the laws of the State of Washington, located and doing business at PO Box 300303, Seattle, WA 98103-8636, Phone: (206) 695-6673/Fax: (206) 695-6777, Contact: Becki Kniveton (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 provide a second addendum to the Biological Assessment for the Briscoe-Desimone Levee Reach 2 Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed, II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Two Thousand, Six Hundred Fifty Dollars ($2,650.00), 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. i 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. i 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 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$Y 0,000) II 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) I 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. )�4 By: _A (signature) (signature) Print Name: r. <J& j Print Name: Mark Howlett Its; lZe —lt Its: Design Engineering Manager (title) DATE: Ls ' � � DATE: (®--Ib`!`1 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Beck! Kniveton Timothy J. LaPorte, P.E. Shannon & Wilson, Inc, City of Kent PC Box 300303 220 Fourth Avenue South Seattle, WA 98103-8636 Kent, WA 98032 (206) 695-6673 (telephone) (253) 856-5500 (telephone) 206) 695-6777 (facsimile) (253) 856-6500 (facsimile) Shannon&Wilson etlscoe eA Addeld.m/ue ,holz 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: For: r✓ sr rJI�s/ Title: t✓ k-0 Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER; 1.2 EFFECTIVE DATE: January 1, 1998 h 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 l p J Agreement. i I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A oV�!xC, AWSKA w CAI a C,ISHANNON 6WILSON, INC ORAW FLORIDA {+fi 9ii'CIW(CkL AND E;WV1130 Nhi-NTlil GUP65LT,Uh NTa rdI56OVRl OREGON WWSTOIJ C01 � 1M5C01YSlly �g,54-20'0 June 10,2014 Mr. Ken Langholz City of Kent Public Works 220 Fourth Avenue South Kent,WA 98032 RE: BIOLOGICAL ASSESSMENT ADDENDUM, GREEN RIVER LEVEE IMPROVEMENTS PROJECT,RIVER MILE 14.25 TO RIVER MILE 22.0, ICENT,WASIIINGTON Dear Mr.Langholz: We appreciate this opportunity to provide the City of Kent(the City) with this scope of services and cost estimate to provide a second addendum to the Briscoe-Desimone Levee Project(herein referred to as "the project") description from the report titled, `Biological Assessment Green River Levee Improvements River Mile 14.25 to River Mile 22.0"dated September 27, 2011. We understand that the project is currently under construction, and that the contractor has been having problems using a vibratory hammer to install sheet piles due to woody debris in subsurface soils. Therefore,the second addendum will include a reassessment of impacts to species listed under the Endangered Species Act that includes the use of an impact hammer to drive the sheet piles, as requested by the contractor, SCOPE OF SERVICES This scope of services consists of the following tasks: • Recalculate the biological assessment noise analysis to include an impact hammer as part of the construction equipment. Rernap the project action area to include noise generated by using an impact hammer to drive sheet piles. Verify that the project's effect determination of"may affect,not likely to adversely affect"threatened and endangered species is still applicable. We assume at this time that the project's effect determination will not change. If the project effect determination becomes"may affect, likely to adversely affect,"we will need to formally consult with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service. Consultation with these agencies is not included in this scope of services. I 400 NORTH 90I STREET,SUI I L'100 P.O.BOX 300303 1 SEA I rLL,WASHING]ON 90103-8636 206-632-8020 FAX: 206-605-6777 TOn 1-800-833-6386 wmv.shannunwlsan.wr 21.-2.60314-001 Mr. KenLangholz SPIANNONVAII -SORINIC. City of Kent Public Works June 10, 2014 Page 2 of 2 I Prepare an addendum letter for the project that surarnarizes the changes to the noise impacts,project action area, and effects determination. COST ESTIMATP,AND SCHEDULE We are prepared to provide the services described above on a time-and-expense basis in accordance with terms and conditions in our existing City of Kent contract. Our cost estimate for the above services is $2,650 (see enclosed Cost Estimate). In the event that other additional services are necessary, due to changes in your request or other unforeseen circumstances, we will notify you immediately and obtain your authorization for the additional services and costs. We understand that you would like the biological assessment addendum to be completed next week, if possible. We can provide the addendum next week assuming we receive a fully I executed contract from the City by June 16. CLOSURE; Shannon& Wilson, Inc. has prepared the enclosed,"Important Information About Your Biological Assessment(BA)/Biological Evaluation (BE)Proposal." Although this document was not written specifically for the subject property, it should be useful in assisting you and others in understanding the use and limitations of our proposals. We are pleased to have this opportunity to assist you with this project. If you have any questions, please contact me tit(206) 695-6673, Sincerely, SHANNON&WILSON,INC. e,x . VA- Becki Kniveton,P.W.S. Senior Principal Biologist BSK:KJ,W/bsk Enc: Cost Estimate Important Information About Your Biological Assessment(BA)Biological Evaluation (BE)Proposal I 21-2-603 11-001-L2.docrJwp/lkn 21-2-60314-001 SHANNON &WILSON, INC. COST ESTIMATE Proposal No., 2 1-2-603 1 4-001 Lower Lowest Russell Road Project: Levee Project Client: City of Kent 'I By: BSI{ 6/10/2014 — EPEE= lta e Q11�nt1 ' .CtB nful4ubtotal' Noise Analysis Calculation Senior Principal Biologist $145.00 /fir 4 firs $�80 $580 Addendum Preparation Natural Resources Manager $225.00 An' 1 1us $225 Senior Principal Biologist $145,00 4u• 81us $1,160 GIS/CAD Technician $90.00 /fir 4 fins $360 Clerical $75.00 /fir 3 firs $225 Copies,Mail,Computer $25.00 /ea 4 total $L00 $2,070 TOTAL ESTIMATE $2,650 21-2-60314-001-L2-005txl8x 21-2-60314-001 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS Insurance The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $5,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $5,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. The City, King County and the King County Flood Control District shall be named as an Additional Insureds under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City, the District and the County. All endorsements adding Additional Insureds shall be issued on form CG 20 10 11 85 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section. 2. 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. + 4. Professional Liability (Errors & Omissions) insurance appropriate to the Consultant's profession. EXHIBIT B (Continued) 0a Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with minimum limits of $5,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $5,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of at least $2,000,000 per accident. 3. Professional Liability (Errors & Omissions) insurance shall be written with limits no less than $5,000,000 per claim and $5,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability: 1. The Contractor'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 Contractor's insurance and shall not contribute with it. 2. The Contractor'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, King County Flood District and King County shall be named as an additional insureds on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor 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 Contractor'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. EXHIBIT B (Continued) D. Contractor's Insurance for Other Lasses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. Go Verification of Coverage Contractor 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 Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. Subcontractors Contractor 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 Contractor. i ! Ac R CERTIFICATE OF LIABILITY INSURANCE `MM'°DY""' sr17/2l7rzala THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain pollcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. ONT CT PRODUCER NAME: G I _ - Arthur J. Gallagher Risk Management Services, Inc, HONE,Exd 425-586- 03 iaic,Na -451-3716 - P.O. Box 367 E-MAIL Bellevue WA 98009-0367 ADDREss;ga l_scott0ajD com _.._.. INSURER(S)AFFORDING COVERAGE NAICN INSURER A:Tfavelers Property Casualty CO Of A __.. . 5674 INSURED INSURER B;St Paul Fire and Marine Insurance 4767 Shannon &Wilson, Inc. INSURERC-Travelers Indemnity..Co of America 25666 400 N. 34th Street, Suite 100 INSURER D: Seattle, WA 98103-8636 i INSURERE: ' INSURER COVERAGES CERTIFICATE NUMBER:395065728 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, j EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. :INSR' TYPE OF INSURANCE ADD SUBR WDDYEFF�i POLICY E%P LIMITS !LTR INSR N/VD POLICY NUMBER MMIDD/YYYY MMIDDIYYYY A GENERAL LIABILITY P6309D340343TIL14 111/2014 1/1/2015 EACH OCCURRENCE $1,000,000 X f, DAMAGET -- COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $1,000,000 CLAIMS-MADE Ix I OCCUR MED EXP(Any oneperson) $10,000 _ _. PERSONAL&ADV INJURY $1,D00,000 _ LGENERAL AGGREGATE $2,DOO,000 GEN'L AGGREGATE LIM IT APPLIES PER: PRODUCTS-COMP/DP AGO $2,000,000 L POLICY X PRO- TOO $ LIMII A AUTOMOBILE LIABILITY P81O9D340343TIL14 1/1/2014 11V2016 Ea accident $1,000,000 X ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Par accident) $ AUTOHREDAUTOS ANON UTOS AUTOS (Per ac dent AMAGE $ ' S 8 X UMBRELLA LIAR X OCCUR ZUP15R7312A14NF 1/1/2014 /112015 '1 EACH OCCURRENCE $41000,000 _.. EXCESS LIAR_ CLAIMS-MADE AGGREGATE $4,000,000 DED I X I RETENTION$10000 $ it C WORKERS COMPENSATION PHUB9D34034314 1/l/2014 11/2015 1 WCSTATU- OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMIT _ ! ANY PROPRIETORIPARTNER/EXECUDVE EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? NIA �. (Mandatory in NH) 1E.L.DISEASE-EA EMPLOYE $1,000,000 If yes describe under DESCRIPTION OF OPERATIONS be. E.L.DISEASE-POLICY LIMIT $1,000,000 I I i I :DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more apace is required) ,Workers'Comp-in Washington, Employers' Liability only The City of Kent, King County and King County Flood Control District are included as Additional Insured for General Liability(per Form #CGD414 0408)and Auto Liability as respects operations of the Named Insured, GL and AL Primary and Non-Contributory is included where required by written contract. Project: Briscoe-Desimone Levee BA Addendum. 6CERTIFICATE HOLDER CANCELLATION r- L` SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent Engineering ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Nancy Yoshitake 400 West GOwe AUTHORIZED REPRESENTATIVE Kent WA 98032 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD i Client#: 330606 SHANNWIL11 ACOR®.,I CERTIFICATE OF LIABILITY INSURANCE DATE 611712014 Y) 7/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS r 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(5),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)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 FADD Kibble&Prentice,a US[Co PR 206 441-6300 "X 610-362-8528 x,): fAID,No): r 601 Union Street,Suite 1000 PL.Certrequest@kpcom.com ;. Seattle,WA 98101 IN AFFORDING COVERAGE NAIC# _ r :Lloyds of London 32727 INSURED :Shannon&Wilson, Inc. : _ '+ P.O. Box 300303 -- - - INSURER D: Seattle,WA 98103 --.. - INSS URER E: _ INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVEBEEN ISSUED TOTHE INSURED NAMEDABOVE FORTHE 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 M ADOLSUBR POLICY EFF POLICY E%P LIMITS 'LTR TYPE OF INSURANCE INSR_MD POLICYNUMBER MMIDDIY MIDD/YYYY _-. GENERAL LIABILITY i EACH OCCURRENCE - $ COMMERCIAL GENERAL LIABILITY PREMISESEaEoo urr) $_ D MED EXP(Any one person) $ CLAIMS-MADE OCCUR _ _- f PERSONAL&ADV INJURY $ - GENERAL AGGREGATE $ _ �i GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ POLICY JECT LOG — $ --- - - COMBINED SINGLE LIMIT- 'I AUTOMOBILE LIABILITY _Ea accident $ _.. ".l ANY AUTO BODILY INJURY(Per person) 5 ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ I; AUTOS AUTOS - -- NON-OWNED PROPERTY DAMAGE $ Ij HIREDAUT03 AUTOS Per accidrol _.. UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _. EXCESS LIAB CLAIMS-MADE AGGREGATE _ $ - DED RETENTION$ _ ---- WORKERS COMPENSATION WC STAT Jf OTH- ( AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT _ $ y OFFICERIMEMBER E%CWDEDP ❑ NIA r:. (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,descritee undef DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ q Professional& B0146LDUSA1404579 1/01/2014 0110112016 $5,000,000 per claim Contractors $5,000,000 annl aggr. Pollution Liab. .'DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES lAHach ACORD 101,Additional Remarks Schedule,if more space Is required) FProject Name: Briscoe-Desimone Levee BA Addendum; Proposal No: 21-2-60314-001; Description of Work: provide :'BA addendum for Briscoe Desimone Levee Project; Location: Kent,WA. i'•CERTIFICATE HOLDER CANCELLATION of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Nancy YGshitake ACCORDANCE WITH THE POLICY PROVISIONS. 400 West Gowe 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 f #S127064341M11519196 SRBZP P6309D340343TIL14 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURE® m WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following Is added to SECTION If —WHO IS plies only to such "bodily injury" or "property AN INSURED: damage" that occurs before the end of the pe- Any person organization that you agree in a nod of time for which the "written contract re- "written contract requiring insurance"to include as gaining insurance' requires you to provide an additional insured on this Coverage Part, but: such coverage or the end of the policy period, whichever Is earlier. a. Only with respect to liability for"bodily injury", y The following is added to Paragraph 4.a. of SEC- TION IV — COMMERCIAL GENERAL LIABILITY b. If, and only to the extent that, the injury or CONDITIONS: damage is caused by acts or omissions of The insurance provided to the additional insured you or your subcontractor in the performance of "your work" to which the "written contract is excess over any valid and collectible "other in- requiring insurance" applies. The person ar on any whether primary, excess, contingent addi- organization does not qualify as an additional on any other basis, that e available to the f you insured with respect to the Independent acts specs insured for a loss "w cover. However, if you or omissions of such person or organization, specifically agree in the "written contract requiring Insurance" that this insurance provided to the ad- The insurance provided to such additional insured ditional insured under this Coverage Part must is limited as follows: apply on a primary basis or a primary and non- c, In the event that the Limits of Insurance of contributory basis, this insurance is primary to this Coverage Part shown in the Declarations "other insurance" available to the additional in- exceed the limits of liability required by the sured which covers that person or organization as "wrifien contract requiring Insurance", the in- a named insured for such loss, and we will not surance provided to the additional insured share with that "other insurance". But this insur- shall be limited to the limits of liability required ante provided to the additional insured still is ex- by that "written contract requiring Insurance". cess over any valid and collectible "other insur- This endorsement shall not Increase the limits ante", whether primary, excess, contingent or on of Insurance described in Section III — Limits any other basis, that is available to the additional Of Insurance. insured when that person or organization is an d. This insurance does not apply to the render- additional insured under any"other insurance". ing of or failure to render any "professional 3. The following is added to SECTION IV — COM- services" or construction management errors MERCIAL GENERAL LIABILITY CONDITIONS: or omissions. Duties Of An Additional Insured e. This Insurance does not apply to "bodily In- As a condition of coverage provided to the addi- jury" or "property damage" caused by "your tional insured: work" and included In the "products- completed operations hazard" unless the a. The additional insured must give us written "written contract requiring insurance" specifl- notice as nonce" or soon as offensepracticable racti which le of an may result"occur- rally requires you to provide such coverage claim. To the extent possible, such notice for that additional insured, and then the insur- should include: ante provided to the additional insured ap- CG D4 14 04 08 0 2008 The Travelers Companies,Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY I. How, when and where the 'occurrence" any provider of other Insurance which would or offense took place; cover the additional insured for a loss we IF. The names and addresses of any injured cover. However,this condition does not affect persons and witnesses;and whether this Insurance provided to the add!- III, The nature and location of any injury or tional insured Is primary to that other insur- damage arising out of the "occurrence"or ance available to the additional insured which offense. covers that person or organization as a named insured. b. If a claim is made or"suit' is brought against 4. The following is added to the DEFINITION$ Sec- the additional insured, the additional insured must: tion: i. Immediately record the specifics of the "Written contract requiting insurance" means that claim er"suit'and the date received; and part of any written contract or agreement under or- I!. Notify us as soon as practicable. which you are required to include a person or or- ganization as an additional insured on this Cover- The additional insured must see to it that we age Part, provided that the "bodily injury" and receive written notice of the claim or "suit' as "property damage" occurs and the "personal in- soon as practicable, jury" is caused by an offense committed; c. The additional insured must immediately send a. Afterthe signing and execution of the contract us copies of all legal papers received In con- or agreement by you; nection with the claim or"suit', cooperate with b. While that part of the contract or agreement is us In the investigation or settlement of the in effect; and claim or defense against the "suit', and oth- erwise comply with all policy conditions. d. The additional insured must tender the de- fense and indemnity of any claim or "suit" to d N� �1> n� Oppmv Om m Vim+ t b Dmn�.M U�^ Page 2 of 2 ©2008 The Travelers Companies,Inc. CG W 14 04 08 014524 . o Policy #ZUP15R7312A14NF °o Amendment OF Limits Of Insurance And Other Insurance Clause For Described Persons Or O Organizations V U 0 1. The following replaces section IV. Definitions J. Insured, Paragraphs 2. and 5.,but only with respect to any person or organization listed in the Schedule below: 0 0 Any person or organiratlon that is listed in the Schedule below is an Insured but only: a. with respect to liability for Bodily Injury or Property Damage caused, 1u whole or in part,by your acts or omissions,or the acts or omissions of those acting on your behalf, in the performance of Your Work to which the written contract requiring insurance applies for such Insured; and b. if such person or organization is included as an Insured under any Scheduled Underlying Insurance or Scheduled Retained Limit, 0 2. The following is added to section VII, Conditions L. Other Insurance: N L. Other Insurance Nor will we apply this provision to any person or organization listed in the Schedule below if. M 1. such person or organization qualifies as an Insured under section 1V. Definit ons I. Insured 2. or 5. of this agreement; N 2. you have agreed in a written contract or agreement with such person or organization that this policy o will apply before any Other Insurance;acid m 3, the Scheduled Underlying Insurance or Scheduled Retained Limit applies to such person or organization on a primary and noncontributory basis. If these conditions are met, then this policy will apply to such person or organization before any Other Insurance,but only to the extent that the minimum limits of liability required by such written contract or agreement exceed the applicable limits of such Scheduled Underlying Insurance or scheduled Retained Limit, subject to the limits of Insurance stated in Item 3. of the Declarations of this policy. 3. The following is added to section III. Limits of Insurance B,: However,with respect to any person or organization listed below in the Schedule, the most we will pay for all damages covered under insuring Agreement 1. Coverage shall be the lesser of the following to the extent they exceed the applicable limits of the Scheduled Underlying insurance or Scheduled Retained Limit: 1. the minimum limits of insurance required in the contract or agreement between you and such person or organization;or 2. the limits of insurance stated in Item 3, of the Declarations. Schedule of Described Persons or Organizations ANY PERSON OR ORGANIZATION FOR WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT OR AGREEMENT THAT THIS POLICY SHALL APPLY TO THEM BEFORE ANY OTHER INSURANCE Schedule of Designated Locations ONLY THOSE LOCATION DESIGNATED IN THE WRITTEN CONTRACT OR AGREEMENT REFERENCED DIRECTLY ABOVE All other terms of your policy remain the same. SU334 Ed,7-11 Page 1 of 1 0 2011 The Travelers Indemnity Company.All riglits reserved.