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PW14-200 - Original - SCJ Alliance - BNSF Railroad Grade Crossing Peer Review & Study - 08/18/2014
i Records ManagemellthV KENT Document WASNINOTON 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. I I Vendor Name: SCJ Alliance Vendor Number: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: BNSF Railroad Grade Crossing Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 8/18/14 Termination Date: 8/31/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kelly Peterson Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Provide peer review and study for the S. 2121h St. BNSF crossing._ I i S:Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT wA=„ „oro„ CONSULTANT ICE E E T° between the City of Kent and CI Alliance THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and SCJ Alliance organized under the laws of the State of Washington, located and doing business at 8730 Tallon Lane NE, Lacey, WA 98516, Phone: (360) 352- 1465/Fax: (360) 352-1509, Contact: Scott Sawyer (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 peer review and study for the S. 212th Street BNSF Crossing. 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 August 31, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Eight Thousand, Five Hundred Dollars ($8,500.00), 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. I B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the CONSULTANT SERVICES AGREEMENT - 1 (Under$10,000) i i I Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. 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. 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 indemnify and hold the City, its officers, officials, employees, and agents harmless from any and all claims, injuries, damages, losses or CONSULTANT SERVICES AGREEMENT - 2 (Under$10,000) 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 j 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. I 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. I i CONSULTANT SERVICES AGREEMENT - 4 (Under$10,000) it H. Compliance with Laws. The Consultant and the City will use reasonable care to comply with applicable 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. I I 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 O�F KENT: By: �i ue Q� By: L �C.1 to ��j C d� ern wPaw ( nature) Tcr (signature Print Name: �du e ( � Print Name: Timothy J. LaPorte, P.E. Its: Semior V Ice_ Rye,: lkt�yl Its: Public Works Director /71(title) DATE: �312d1dr DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Scott Sawyer Timothy J. LaPorte, P.E. SCJ Alliance City of Kent 8730 Tallon Lane NE 220 Fourth Avenue South Lacey, WA 98516 Kent, WA 98032 (360) 352-1465 (telephone) (253) 856-5500 (telephone) i 360 352-1509 facsimile (253) 856-6500 (facsimile) SO alliance-232"jPetemOn CONSULTANT SERVICES AGREEMENT 5 (Under$10,000) DECLARATION I 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. i By signing below, I agree to fulfill the five requirements referenced above. By: O 1°� For: /7�llt C-e, Title: e h 4 aY V J<,e- Pjfe,;; Date: i EEO COMPLIANCE DOCUMENTS - 1 i CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. t COMPLIANCE DOCUMENTS - 2 CITY OF (CENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled u AFTER COMPLETION f this project b the Contractor awarded h s o s a l dot o p I y 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� EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A SCJ ALLIANCE CONSULTING SERVICES July 21, 2014 Kelly Peterson,AICP Special Projects Manager Public Works Department i City of Kent 220 Fourth Avenue South Kent,WA 98032 Re: Proposal for a Peer Review and Study of the Cost of Delay Caused by Trains Crossing S 212`h Street in Kent,Washington Dear Kelly: Thank you for contacting SCJ Alliance to provide you with the subject peer review and study, The City of Kent prepared a calculation of the annual,daily,and hourly cost of delay that would be Incurred by additional rail traffic on the BNSF line(freight rail and commuter rail). The City's study references a 2006 PSRC report,a 2009 WSDOT report,and City of Seattle's 2013 EconomkAnalysis of Proposed Coal Train Operations. Based on our discussions With you,we have prepared the following scope of services and fee estimate: Scope of Services I Phase 1—Peer Review of Methodology 1. Collect and review WSDOT,PSRC,and Seattle study's listed above. 2, Collect and review available data on the number and'times of daily train trips,including length and speed of trains, 3. Collect and review available data on proposed future freight train trips(coal trains). 4. . Review and comment on the ten assumptions listed in the Cost of Delay Calculation. 5. Review calculations and application of assumptions used to determine the$85,1126/day and $25,534,878/year values. j 6. Provide brief memorandum summarizing our review and comment on the Cost of Delay calculation. Provide recommendations for updating the calculation as appropriate. Phase 1 Cost: $3,500 I Assumptions: • The review will be based on the methodology described in the Cost of Delay study. No new methodology will be prepared. • No additional traffic volume,train volume,or delay information will be field-collected. 8730 Tallon Lane NE o Lacey, WA 98516 + Office 360,352.1465 < Fax 360.352.1509 < scjalllance.com i ( I ' I Kelly Peterson,AICP j July 21,2014 Page 2 of 3 • Only the three reference reports listed will be reviewed. Phase 2—Additional Data Collection If directed by the City,SCJ Alliance will provide additional evaluation of delay by correlating times of day for train crossings with traffic counts. The following tasks are Included in providing an updated delay calculation: 1. Collect and review available traffic data—daily and peak hour data. 2. Collect and review available field-measured train crossing direct delay and the time required to clear delay/queue after the train crossing Is reopened for passenger vehicles. It is assumed data will be available for about eight crossing events during peak periods and four crossing events during off-peak periods. 3. Use the collected volume and delay data to recalculate the cost of delay. Develop a 24-hour traffic distribution and calculate up to six representative time slices to determine train delay for varying levels of traffic(i.e.,AM-Peak, PM-Peak,off-peak,etc.). Use the unit costs for delay from the cited studies to calculate the daily and yearly delay costs. Assumptions: • Tasks and costs recommended for Phase 2 will be refined after completion of Phase 1. • If traffic data and delay data are not available from the City,SCJ Alliance can field-collect the data through a traffic count subconsultant for approximately$2,500, This$2,500 Is not Included In the$5,000 estimate for Phase 2. Phase 2 Estimated Cost: approximately$5,000 I I Additional refinements beyond Phase 2 that could be considered include: • Collecting weekend train and vehicle delay data to include in the annual cost of delay study. • Prepare traffic volume forecasts that include higher future traffic demand on 212t"Street. • Prepare and calibrate a SlmTraffic microsimulation model of rail crossing delay to use In i projecting delay with future vehicle traffic and train traffic volumes. I i SO Alliance Billing Rate Schedule March 1, 2014 Classification Hourly Billing Rate Principal Engineer $195.00-$240.00 Principal Planner Eric Johnston $195.00-$225.00 $195.00 Senior Consultant Scott Sawyer $195.00-$215.00 $205.00 Senior Project Manager $155.00-$195.00 Project Manager $128.00-$152.00 Project Engineer I $118.00-$125.00 Senior Designer $100.00-$112.00 Design Engineer $90.00-$100.00 Senior Planner $120.00-$135.OD Planner $95.00-$110.00 Environmental Scientist $135.00-$142.00 Senior Transportation Planner George Smith $125.00-$150.00 $145.00 Transportation Planner $95.00-$115.00 Traffic Analyst Ryan Shea $85.00-$105.00 $100.00 i Engineering Technician $80.00-$95.00 Project Coordinator II $90.00-$105,00 Project Coordinator Yvonne Duncan $70.00-$85.00 $80.00 Project Accountant Lisa Hicks $130.00-$145.00 $130.00 Other Fees: • Direct project expenses and reproduction costs are billed at cost plus 15% I Reimbursable Expenses: • Mileage $0.65/Mile • Bond Paper Plots $2.50/Sheet • Mylar $20.00/Sheet • Reports $35.00/Each I i III I i n:\finance\rate schedules\2014\2014biiling rate schedule 010114.docx EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain Insurance of the types described below: 1. Automobile Liability Insurance covering all owned, non-owned, hired and leased vehicles, Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage, If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional Insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4, Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability Insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000general i i EXHIBIT B (Continued) aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liabiiity Insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's Insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. I i I '� Client#: 116497 SHEACARR DATE ACORD.,, CERTIFICATE OF LIABILITY INSURANCE IYVYV) 8J07/201I2014 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 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 NAME. T Sandy Kulseth Propel Insurance PHONE 800 499.0933 IFAX 866.577.1326 A/C,No E 80 1A1C No): Olympia Commercial Insurance E-MAIL ADDRESS: sjk@propelinsurance.com lC r0 elinsurance.com _ P.O.BOX 2007 INSURERS)AFFORDING COVERAGE NAIC# Olympia,WA 98507 INSURER A:American Casualty Co of Reading INSURED -- INSURE_R_5:Continental Casualty Company _ 2_0443 Shea,Carr&Jewell Inc _.INSURER C:Beazle Insurance Com anYrInc. _ _ 8730 Talton Lane NE,Butte 200 INSURERD:Continental Insurance Company Olympia,WA 98516 - -_ INSURER E: INSURER F: ___ _. ..... COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE 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 ADDLSUB POLICYEFF POLICY EXP LIMITS LTB TYPE OF INSURANCE INSR WVD POLICY NUMBER JMM/D0_ MWDDIYYYY _ A GENERAL LIABILITY Y Y 2090667295 6/1512014 06/15/2015 EACHOCCURRENCE $2000000 pDAA��ppGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISE:T10rNurrence $300000 CLAIMS-MADE OCCUR MED EXP(Any one person) _$1 DID 00 PERSONAL&ADV INJURY $2,000,ODO _ GENERAL AGGREGATE $4,000,ODO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG $4,000,000 POLICY Xl PEA _�.�LOC _ $ _ D AUTOMOBILE LIABILITY Y Y 401012152794 06/15/2014 06/15/2015 COMBINED SINGLE LIMIT(_Eaarcde t1 $1,000,000 _ X ANY AUTO BODILY INJURY(Par person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOAUTOS X HI EDSAUTOS X NON-OWNED PROPERTYAMAGE $ AUTOS Per ecadent __. B X UMBRELLA UAB X OCCUR 4016829451 6/15/2014 06/1512015 EACH OCCURRENCE s3,000,000 EXCESS LIAR OLAIMSMADE AGGREGATE $3 000 000 DED RETENTION$ $ WORKERS COMPENSATION WA STATE FUND NA NA X woRVT MIT$.. OTH. AND EMPLOYERS'LIABILITY A ANY PROPRIETORIPARTNERJEXECUTIVE YIN 2090667295 6115/2014 O6/15/201 E.L.EACH ACCIDENT $1 000 000 OFFICERIMEMBER EXCL DED9 NIA (Mandatory in NH) (WA STOP GAP) EL.DISEASE-EAEMPLOYEE $1,000000 I(yes,describe under E.L.DISEASE-POLICYLIMIT $1,000,000 DESCRIPTION OF OPERATIONS below C Professional VlOBC2140401 6/17/2014 06/17/201 Each Claim:$1,000,000 Liability Aggregate-$2,000,000 Deductible:$50 000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) RE: 0739.01 I i CERTIFICATE HOLDER CANCELLATION Cityof Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Kelly Peterson ACCORDANCE WITH THE POLICY PROVISIONS, 400 West Gowe _ Kent,WA 98032 AUTHORIZED REPRESENTATIVE ,,r� ©1988.2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 Off The ACORD name and logo are registered marks of ACORD #S1469485/M1429261 SJK00 This page has been left blank intentionally, Shea,Carr&Jewell Inc 2090667295 SB-146968-A NA (Ed. 01/06) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. WHO IS AN INSURED (Section C.) of the 4. The insurance provided to the additional insured Businessowners Liability Coverage Form is does not apply to "bodily injury," "property amended to include as an insured any person or damage," "personal and advertising injury" organization whom you are required to add as an arising out of an architect's, engineer's, or additional insured on this policy under a written surveyor's rendering of or failure to render any contract or written agreement; but the written professional services including: contract or written agreement must be: a. The preparing, approving, or failing to 1. Currently in effect or becoming effective during prepare or approve maps, shop drawings, the term of this policy; and opinions, reports, surveys, field orders, 2. Executed prior to the "bodily injury," "property change orders or drawings and specifications rm any architect, engineer or damage,"or"personal and advertising injury." surveyor performing services on a project of B. The insurance provided to the additional insured is which you serve as construction manager; limited as follows: or 1. That person or organization is an additional b. Inspection, supervision, quality control, insured solely for liability due to your negligence engineering or architectural services done specifically resulting from "your work" for the by you on a project of which you serve as additional insured which is the subject of the construction manager. written contract or written agreement. No 5. This insurance does not apply to "bodily injury," coverage applies to liability resulting from the "property damage," or "personal and advertising sole negligence of the additional insured. injury"arising out of: 2. The Limits of Insurance applicable to the a. The construction or demolition work while additional insured are those specified in the you are acting as a construction or written contract or written agreement or in the demolition contractor. This exclusion does Declarations of this policy, whichever is less. not apply to work done for or by you at your These Limits of Insurance are inclusive of, and premises. not in addition to, the Limits of Insurance shown in the Declarations. C. BUSINESSOWNERS GENERAL LIABILITY 3. The coverage provided to the additional insured CONDITIONS — Duties In The Event of within this endorsement and section titled Occurrence, Offense, Claim or Suit(Section E.2.) of the Businessowners Liability Coverage Form is LIABILITY AND MEDICAL EXPENSE DEFINITIONS — "Insured Contract" (Section amended to add the following: F.9.) within the Businessowners Liability An additional insured under this endorsement will as Coverage Form, does not apply to "bodily injury" soon as practicable: or "property damage" arising out of the 1. Give written notice of an occurrence or an products-completed operations hazard" unless offense to us which may result in a claim or required by the written contract or written "suit" under this insurance; agreement. SB-146968-A Page 1 of 2 (Ed. 01/06) Shea,Carr&Jewell Inc 2090667295 SB-146968-A CNA (Ed. 01t06) 2. Tender the defense and indemnity of any claim insured against that "suit" If no other insurer or "suit" to us for a loss we cover under this defends, we will undertake to do so, but we will Coverage Part; be entitled to the additional insured's rights 3. Tender the defense and indemnity of any claim against all those other insurers. or "suit" to any other insurer which also has When this insurance is excess over other insurance for a loss we cover under this insurance, we will pay only our share of the Coverage Part; and amount of the loss, if any, that exceeds the sum 4. Agree to make available any other insurance of: which the additional insured has for a loss we (a) The total amount that all such other cover under this Coverage Part. insurance would pay for the loss in the We have no duty to defend or indemnify an absence of this insurance; and additional insured under this endorsement until we (b) The total of all deductible and self-insured receive written notice of a claim or "suit" from the amounts under all that other insurance. additional insured. We will share the remaining loss, if any, with D. OTHER INSURANCE (Section H. 2. & 3.) of the any other insurance that is not described in this Businessowners Common Policy Conditions are Excess Insurance provision and was not bought deleted and replaced with the following: specifically to apply in excess of the Limits of 2. This insurance is excess over any other Insurance shown in the Declarations of this insurance naming the additional insured as an Coverage Part. insured whether primary, excess, contingent or E. TRANSFER OF RIGHTS OF RECOVERY on any other basis unless a written contract or AGAINST OTHERS TO US (Section K.2.) of the written agreement specifically requires that this Businessowners Common Policy Conditions is insurance be either primary or primary and deleted and replaced with the following: noncontributing to the additional insured's own 2. We waive any right of recovery we may have coverage. This insurance is excess over any against any person or organization against whom other insurance to which the additional insured you have agreed to waive such right of recovery in a has been added as an additional insured by written contract or agreement because of payments endorsement. we make for injury or damage arising out of your 3. When this insurance is excess, we will have no ongoing operations or "your work" done under a duty under Coverages A or B to defend the contract with that person or organization and additional insured against any"suit" if any other included within the "products-completed operations insurer has a duty to defend the additional hazard." SB-146968-A Page 2 of 2 (Ed. 01/06) 2090667295 SB-146932-E CAM (Ed, 06/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - LiABILITY EXTENSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy, 1. ADDITIONAL INSURED—BLANKET VENDORS own acts or omission or those of its employees or anyone else acting on its WHO IS AN INSURED is amended to include as an behalf. However, this exclusion does not additional insured any person or organization (referred apply to: to below as vendor) with whom you agreed, because of a written contract or agreement to provide (1) The exceptions contained in Insurance, but only with respect to 'bodily injury' or Subparagraphs d.or f.; or 'property damage'arising out of'your products'which regular course of the (2) Such inspections, adjustments, tests or are distributed or sold in the re g servicing as the vendor has agreed to vendor's business, subject to the following additional make or normally undertakes to make in exclusions: the usual course of business, in 1. The insurance afforded the vendor does not apply connection with the distribution or sale of to: the products. a. °Bodily injury' or'property damage' for which 2. This insurance does not apply to any insured the vendor is obligated to pay damages by person or organization, from whom you have reason of the assumption of liability in a acquired such products, or any ingredient, part or contract or agreement. This exclusion does container, entering into, accompanying or not apply to liability for damages that the containing such products. vendor would have in the absence of the g. This provision 2. does not apply to any vendor contract or agreement; included as an insured by an endorsement issued b. Any express warranty unauthorized by you; by us and made a part of this Policy, o. Any physical or chemical change In the 4. This provision 2.does not apply It 'bodily injury' or product made intentionally by the vendor; 'property damage' included within the 'products- completed operations hazard' is excluded either d. Repackaging, except when unpacked solely by the provisions of the Policy or by endorsement, for the purpose of inspection, demonstration, testing, or the substitution of parts under 2. MISCELLANEOUS ADDITIONAL INSUREDS instructions from the manufacturer, and then WHO IS AN INSURED is amended to include as an repackaged in the original container; insured any person or organization (called additional e. Any failure to make such inspections, insured) described in paragraphs 2.a. through 2.h. adjustments, tests or servicing as the vendor below whom you are required to add as an additional has agreed to make or normally undertakes to insured on this policy under a written contract or make in the usual course of business, in agreement but the written contract or agreement must connection with the distribution or sale of the be: products; 1. Currently in effect or becoming effective during the f. Demonstration, installation, servicing or repair term of this policy; and operations, except such operations performed 2. Executed prior to the "bodily injury,' 'property, at the vendor's premises in connection with damage'or'personal and advertising injury,' but the sale of the product; Products which, after distribution or sate b Only the following persons or organizations are g• y additional insureds under this endorsement and you, have been labeled or relabeled or used coverage provided to such additional insureds is as a container, part or ingredient of any other limited as provided herein: thing or substance by or for the vendor;or h, 'Bodily Injury° or 'property damage' arising a Additional Insured—Your Work out of the sole negligence of the vendor for its That person or organization for whom you do work is an additional insured solely for liability SB•146932-E Page 1 of 5 (Ed.06/11) 2090667295 SB-146932-E CAAA (Ed.06/11) due to your negligence specifically resulting This insurance does not apply to °bodily from your work for the additional insured injury,' 'property damage' or 'personal and which is the subject of the written contract or advertising Injury' arising out of operations written agreement. No coverage applies to performed for the state or municipality. liability resulting from the sole negligence of c the additional insured. . Controlling interest The insurance provided to the additional Any persons or organizations with a insured is limited as follows: controlling interest in you but only with respect to their liability arising out of: (1) The Limits of Insurance applicable to the additional insured are those specified in (1) Their financial control of you;or the written contract or written agreement (2) Premises they own, maintain or control or In the Declarations of this policy, while you lease or occupy these whichever is less. These Limits of premises. Insurance are inclusive of, and not in addition to, the Limits of Insurance shown This insurance does not apply to structural in the Declarations, alterations, new construction and demolition operations performed by or for such additional (2) The coverage provided to the additional insured. insured by this endorsement and paragraph F.O.of the definition of'insured d. Managers or Lessors of Premises contract' under Liability and Medical A manager or lessor of premises but only with Expenses Definitions do not apply to respect to liability arising out of the ownership, 'bodily injury' or 'property damage' maintenance or use of that specific part of the arising out of the 'products-completed premises leased to you and subject to the operations hazard' unless required by the following additional exclusions: written contract or written agreement, (3) The insurance provided to the additional This Insurance does not apply to: insured does not apply to 'bodily injury," (1) Any'occurrence*which takes place after "property damage,' or "personal and you cease to be a tenant in that premises; S advertising injury" arising out of the or rendering or failure to render any (2) Structural alterations, new construction or professional services. 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 (1) This insurance applies only with respect with respect to their liability as mortgagee, a to the following hazards for which the assignee, or receiver and arising out of the state or political subdivision has Issued a ownership,maintenance,or use of a premises permit in connection with premises you by you. own, rent, or control and to which this This insurance does not apply to structural 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, f. Owners(Other Interests--Land Is Leased cellar entrances, coal holes, driveways, manholes, marquees, An owner or other interest from whom land hoistaway openings, sidewalk vaults, has been leased by you but only with respect _ street banners, or decorations and to liability arising out of the ownership, similar exposures;or maintenance or use of that specific part of the land leased to you and subject to the following (b) The construction, erection, or additional exclusions: removal of elevators;or (2) This insurance applies only with respect This insurance does not apply to: to operations performed by you or on your (1) Any "occurrence' which takes place =; behalf for which the state or political after you cease to lease that land;or subdivision has issued a permit. SB-146932-E Page 2 of 5 (Ed.06111) zosossizss SB-146932-E CAM (Ed, 06/11) (2) Structural alterations, new Damage To Property, is replaced by the construction or demolition operations following: performed by or on behalf of such additional insured. k. Damage To Property g. Co-owner of Insured Premises 'Property damage'to: A co-owner of a premises co-owned by you 1. Property you own, rent or occupy, and covered under this insurance but only including any costs or expenses with respect to the co-owners liability as co- incurred by you, or any other person, owner of such premises. organization or entity, for repair, replacement, enhancement, In. Lessor of Equipment restoration or maintenance of such Any person or organization from whom you property for any reason, including lease equipment.Such parson or organization prevention of Injury to a person or damage to anothers property; are insureds only with respect to their liability arising out of the maintenance, operation or 2. Premises you sell, give away or use by you of equipment leased to you by abandon, if the 'property damages such person or organization. A person's or arises out of any part of those organization's status as an insured under this promises; endorsement ends when their written contract or agreement with you for such leased 3. Property loaned to you; equipment ends. 4. Personal property in the care, With respect to the insurance afforded these custody or control of the insured; additional insureds, the following additional S. That particular part of any real exclusions apply: property on which you or any This insurance does not apply: contractors or subcontractors working directly or indirectly in your behalf are (1) To any `occurrence' which takes place performing operations, it the*property after the equipment lease expires; or damage' arises out of those (2) To 'bodily injury,' "property damage' or operations;or 'personal and advertising injury' arising 6. That particular part of any property out of the sole negligence of such that must be restored, repaired or additional insured, replaced because 'your work' was Any insurance provided to an additional Insured incorrectly performed on it. designated under paragraphs b. through h. above Paragraph 2 of this exclusion does not does not apply to °bodily injury' or °property, apply if the premises are °your work° and damage' included within the 'products-completed were never occupied, rented or hold for operations hazard! rental by you. 3. The following is added to Paragraph H. of the Paragraphs 1, 3, and 4, of this exclusion BUSINESSOWNERS COMMON POLICY do not apply to 'property damage' (other CONDITIONS: than damage by fire or explosion) to H. Other Insurance premises: 4. This insurance Is excess over any other (1) ranted to you:, insurance naming the additional insured (2) temporarily occupied by you with the as an Insured whether primary, excess, permission of the owner,or contingent or on any other basis unless a (3) to the contents of premises rented to written contract or written agreement you for a period of 7 or fewer specifically requires that this insurance be consecutive days. either primary or primary and A separate limit of insurance applies to noncontributing. Damage To Premises Rented To You as 4. LEGAL LIABILITY—DAMAGE TO PREMISES described In Section D — Liability and A. Under B. Exclusions, 1. Applicable to Medical Expenses Limits of Insurance. Business Liability Coverage, Exclusion k. SB-146932-E Page 3 of 5 (Ed.06111) 2090667295 SS-146932-E CAFA (Ed.06t11) Paragraphs 3, 4, 5, and 6 of this (2) Any partner, if you or an additional exclusion do not apply to liability insured Is a partnership; assumed under a sidetrack agreement. (3) Any manager, it you or an additional Paragraph 6 of this exclusion does not insured is a limited liability company; apply to "property damage' included in the 'products-completed operations (4) Any "executive a add nf or insureds manager, if you or an additional insured is hazard.' a corporation; B. Under B. Exclusions, 1. Applicable to (6) Any trustee, if you or an additional Business Liability Coverage, the last paragraph of 2. Exclusions is deleted and insured is a trust;or replaced by the following: (6) Any elected or appointed official, if you or Exclusions c d e f h l k, t m n and o, an additional Insured Is a political do not apply to damages by fire to premises subdivision or public entity. while rented to you or temporarily occupied by This paragraph e. applies separately to you you with permission of the owner or to the and any additional insured. contents of premises rented to you for a period of 7 or fewer consecutive days. A 7. Bodily Injury separate limit of insurance applies to this Section F. Liability and Medical Expenses coverage as described in Section D. Liability Definitions, item 3. 'Bodily Injury° is deleted and And Medical Expenses Limits Of replaced with the following: Insurance. C. The first Paragraph under item S. Damage To "Bodily injury" means bodily injury, sickness or 9 p disease sustained by a person, including death, Premises Rented To You Lim14 of Section humiliation, shock, mental anguish or mental D. Liability And Medical Expenses Limits injury by that person at any time which results as Of Insurance is replaced by the following: a consequence of the bodily Injury, sickness or The most we will pay under Business Liability disease, for damages because of "property damage° S. Expanded Personal and Advertising Injury g to any one premises,while rented to you, or Definition temporarily occupied by you, with the permission of the owner, including contents of a. The following is added to Section F. Liability such premises rented to you for a period of 7 and Medical Expenses Definitions, item 14. or fewer consecutive days, is the Damage to Personal and Advertising Injury, in the Premises Rented to You limit shown In the Businessowners General Liability Declaration. Coverage Form: 5. Blanket Waiver of Subrogation h. Discrimination or humiliation that results in We waive an right of recovery we may have injury to the feelings or reputation of a natural Y 9 ry person, but only if such discrimination or against: humiliation is: a. Any person or organization with whom you 1. Not done intentionally by or at the have a written contract that requires such a direction of: waiver. _ 6. Broad Knowledge of Occurrence a. The insured; or — The following items are added to E. b. Any "executive officer,' director, 9 stockholder, partner, member or ZZ Businessowners General Liability Conditions manager (if you are a limited liability In the Bustnessowners Liability Coverage company)of the insured; and Form: a. and b. a to you or to an 2• Not directly or indirectly related to the e. Paragraphs ppN Y y employment, prospective employment, additional Insured only when such past employment or termination of occurrence;offense, claim or°suit' is known employment of any person or person by _ to: any insured, (1) You or any additional Insured that is an b. The following is added to Exclusions,Section Individual; B.: SB-146932-E Page 4 of 5 (Ed.06/11) 2090667295 Hp SB-146932-E E9 (Ed. 06/11) (15)Discrimination Relating to Room, Personal and Advertising Injury Liability is Dwelling or Premises excluded either by the provisions of the Policy Caused by discrimination directly or or by endorsement. Indirectly related to the sale, rental, lease 9. Personal and Advertising Injury Re-defined or sub-lease or prospective sale, rental, Section F. Liability and Medical Expanses lease or sub-lease any room, dwelling Definitions, item 14, Personal Advertising Injury, Insured.premises by or att the direction of any Paragraph c. is replaced by the following: n (16)Fines or Penalties c. The wrongful eviction from, wrongful entry into, or invasion of the right of private Fines or penalties levied or imposed by a occupancy of a room dwelling or premises governmental entity because of that a person or organization occupies discrimination, committed by or on behalf of it's owner, c. This provision (Expanded Personal and landlord or lessor. Advertising Injury) does not apply if SB-146932•E Page 5 of 5 (Ed.06/11) �. G 0 p C cC :n c: C v N A v, v W CL Shea,Carr&Jewell Inc POLICY NUMBER: 4012152794 COMMERCIAL AUTO CA 04 44 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE 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 the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name(s)Of Person(s)Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the "loss" under a contract with that person or organization. CA 04 44 03 10 Copyright, Insurance Services Office, Inc., 2009 Page 1 of 1 This page has been left blank intentionally,