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HomeMy WebLinkAboutPW14-261 - Original - Otak, Inc. - Landscape Architectural Services - 10/17/2014 5 Ytr_ 'syy t A iY Records an gP Document W A3HINOTON f 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: Otak, Inc. Vendor Number: )D-Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Landscape Architectural Services Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment M Contract ❑ Other: Contract Effective Date: 10/17/14 Termination Date: 8/31/15 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Howlett Department: Engineering Contract Amount: $8,000.00 Approval Authority: (CIRCLE ONE Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Provide on-call services. i As of: 08/27/14 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Otak, Inc. i THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Otak, Inc. organized under the laws of the State of Washington, located and doing business at 10230 NE Points Dr., Suite 400, Kirkland, WA 98033, Phone: (425) 250-5250/Fax: (425) 827-9577, Contact: Chad Weiser (hereinafter the "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 on-call landscape architectural services. 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, 2015. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Eight Thousand Dollars ($8,000.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. 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 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: I 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. j 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 C attached and incorporated by this reference, IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request, The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and CONSULTANT SERVICES AGREEMENT - 3 (Under$10,000) subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law, This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail, CONSULTANT SERVICES AGREEMENT - 4 (Under$10,000) H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY QB-KENT: By: ;� signature) Print NamAigz�) _ Print Name: Timothy J. LaPorte, P.E. Its: kip J,vyv I Its: Publ'/ Works Director aria ( 7 DATE: (� DATE; � NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Chad Weiser Timothy J. LaPorte, P.E. Otak, Inc. City of Kent 10230 NE Points Dr., Suite 400 220 Fourth Avenue South Kirkland, WA 98033 Kent, WA 98032 (425) 250-5250 (telephone) (253) 856-5500 (telephone) 425 827-9577 (facsimile) (253) 856-6500 (facsimile) Otak-On call Services/Howlett 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. S. 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. gree to fulfill the five requirements referenced above. By: '�f r� For: Title: Date: 6 /I 1 EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January i, 1998 i SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy, 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. I I EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1,2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Exhibit A Scope of Set-vices On-Call Landscape Atchitecture Otak,Inc.will provide on-call professional landscape architectural services to the City of Dent on a task order basis. The scope of task orders will include a variety of professional landscape architectural services in support of various Public Works capital projects.Work may include,but is not limited to,landscape architectural design,urban design,park planning and design and irrigation design, The following are more specific work activities which may be included within a task order j request: 1. Conceptual landscape design 2. Final landscape design 3, Planting design 4. Irrigation design 5. Site planning 6. Construction drawings 7. Specifications 8. Cost estimates 9, Construction observation 10. Construction administration 11, Trail planning and design 12. Park planning and design 13. Streetscape and plaza design 14. Wetland or stream mitigation planting design 15. Consultation for issues arising during construction F Work shall be governed by individual task orders,which may be associated with individual projects or a group of related projects.Each task order shall include an individual scope. Scopes for each task order will be coordinated with Parks and Public Works, and shall be charged in accordance with the fee schedule that is attached as Exhibit B. Consultant mill receive a Notice to Proceed at the initiation of the contract, but no work associated with a particular task order shall commence until the scope and fee for that task order is mutually agreed upon by the consultant and the City. Project schedules will be agreed upon between the City and the Consultant on a task order basis. I I C:\Osers\IvlHo�vlett\rlppData\Zocol\Microsoft\Windows\Temporary Internet Files\Content.Outlook\FAUYNHDY\Exhibit.A Scope of Services.docx I IIII Exhibit B Otak,Inc.Bill Rate Schedule Bill Rates St.PIC/Sr,PM LA/Mst Pin $209 PIC/Sr.PM LA/Master Plan $159 Landscape Architect V $115 Landscape Architect IV $105 Landscape Architect III $100 Landscape Architect1I $87 Landscape Architect $80 Landscape Technician II1 $74 Landscape Technician II $69 Iandscape Technician I $62 Urban Designer V $159 Urban Designer IV $140 Urban Designer II $111 i PIC/St.PM Planner/Civil $185 Sr Proj.Mgt. -Planner I $149 Planner.III $123 Planner II $97 Planner I $79 Planner.Associate ITT $70 Planner Associate II $63 Planner Associate I $61 Sr. GIs SpecialistPlannr $89 GIs Specialist-Planner $76 Contract Adnun $81 j Project Admin.Asst $68 .All other direct costs and subconsultants twill be charged at cost plus ten percent(100/0). I� I K,\project\32400\32474\Contract\E.xhibit B Bill Rates.dou I EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT C (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies, The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the 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. AC:"Ra i,_ CERTIFICATE OF LIABILITY INSURANCE DATE{MM(DOY YYj 1o11at2o14 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(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 CONTACT PeggyMacMillan -0 EAID No : _ JD Fulwiler & Co. Insurance, Inc. PHONE (503)293-8325 .JgCNo (503)293-5418 5727 SW Macadam Ave E-MAIL A-MAIL :P macmillan@ dfulwiler.com PO BOX 69508 INSURERS)AFFORDING COVERAGE NAIL It '.. Portland OR 97239 INSURER A:Travelers 19046 INSURED INSURERB:.Saif Corporation _36196 Otak Inc. INSURER C:Bea2ley Insurance Company Inc _ !I 808 SW 3rd Avenue INSURERD Atlantic_Specialty Ins Co _ - Ste 300 INSURER E: Portland OR 97204 INSURER F: COVERAGES CERTIFICATE NUMBER:13/14 GEN Use 14/15 WC 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS_SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS. TYPE OF INSURANCE ADmu D S11 R POLICY NUMBER MWDDNYYV MMfDDYIYEYY LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE_ $ 1,000,001 X COMMERCIAL GENERAL LIABILITY PREMISES Ea oceu enco 5 300,001 A CLAIMSWADE ❑X OCCUR 6801497P251 12/9/2013 12/9/2014 MED EXP(Any one Person) $ 5,001 X WA Stop Gap PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE U M IT APPLIES PER: PRODUCTS-COMPiOP AGO $ 2,000,000 POLICY X PRO FXI TOO $ AUTOMOBILE LIABILITY EOMINED aBVdeerdT_ LE LIMIT 1,00t7,000 A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED A1502P892 2/9/2013 12/9/2014 BODILY INJURY(Peracceent) $ AUTOS AUTOS — -_ NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS Per acddent _ _ Towu $ X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 10,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED X RETENTION 10,00 LP5CS570U11247 2/9/2013 12/9/2014 5 B WORKERS COMPENSATION X WC STATU- OTH- ANDEMPLOYERS'LIABILITY Lh T ANY PROPRIETORlPARTNERlE%ECUTIVE YIN 87431 OTAK Inc E.L.EACH ACCIDENT $ 1,000,000 M FICERlMEMBEIi EXCLUDED? NIA 67262 OTAK Architects /1/2019 /1/2015 (Mandatory in NH) E.L.DISEASE-EA EMPLOYE S 1,000,000 Byes,describe under DESCRIPTION OF OPERATIONS below Inc E.L.DISEASE-POLICY LIMIT $ 110001000 C Sao incl Pollution V10267130501 12/9/2013 12/9/2014 Limit per UaInYm mgatotOed $2m/$4m/$200k D Inland Marine-$5k Ded 79001429600000 12/9/2013 12/9/2014 Mise Unschadmad Items $100,000 DESCRIPTION OF OPERATIONS I LOCATIONS J VEHICLES (Attach ADDED 101,Additional Remarks Schedule,If more space is inquired) RE: City of Kent On-Call Landscape Contract - 32474 The City of Kent is included as additional insured with regard to operations of the named insured in accordance with policy terms, conditions & exclusions CGD3810907 & CAT4370808. It is further agreed that coverage is primary and non-contributory. CERTIFICATE HOLDER CANCELLATION (425) 827-9577 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent a Washington municipal coporation AUTHORIZED REPRESENTATIVE 10230 NE Points Dr Suite 400 Kirkland, WA 98033 P MacMillan/TMAYDA ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS02519numfew The Arnan P...Pert I,.nn or.rnnictcrnA mPr4c„r AT•nRn COMMENTS/REMARKS Cancellation provisions apply per attached form IL02790908 ICI All operations of the named insured subject to policy terms, conditions and exclusions. III i i i i it OFREMARK COPYRIGHT 2000, AMS SERVICES INC. 4 i Additional Named Insureds i Other Named Insureds FLB Otak Inc. , an Oregon Corporation i Otak Architects Inc., an Oregon Corporation I Otak Engineering, Inc., an Oregon Corporation Otak Snterna[ional (Caymen Islands) t 1 Otak Iraq, I,LC Otak Nevada, LLC, an Oregon Limited Liability Cc Otak, Inc. 401K Fmployee Savings Plan Otak, Inc_ a Colorado Corporation Otak, Inc., an Washington Corporation i OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC 6801497P251 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OREGON CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY)COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy c. 60 days or more or is a renewal policy, Condition is replaced by the following: we may cancel for any other reason ap- t. If this policy has been in effect for: proved by the commissioner by rule, but only with respect to insurance provided a. Fewer than 60 days and is not a renewal under the following: policy,we may cancel for any reason. b. 60 days or more or is a renewal policy, (1) c package policy that includes Y P Y commercial property and commercial we may cancel only for one or more of liability insurance; the following reasons: (2) Commercial Automobile Coverage (1) Nonpayment of premium; Part; (2) Fraud or material misrepresentation (3) Commercial General Liability Cover- made by you or with your knowledge age Part; in obtaining the policy,continuing the (4) Commercial Property Coverage Part policy or in presenting a claim under —Legal Liability Coverage Form; the policy; (3) Substantial increase in the risk of (5) Commercial Prop"ty Coverage Part loss after insurance coverage has —Mortgageholders Errors And Omis- sionsbeen issued or renewed, including Coverage Form; but not limited to an increase in ex- (6) Employment-related Practices Liabll- posure due to rules, legislation or ity Coverage Part; court decision; (7) Farm Coverage Part—Farm Liability (4) Failure to comply with reasonable Coverage Form; loss control recommendations; (8) Liquor Liability Coverage Part; (5) Substantial breach of contractual du- (9) Products/Completed Operations Li- ties, conditions or warranties; ability Coverage Part; or (6) Determination by the commissioner (10) Medical Professional Liability Cover- that the continuation of a line of In- age Part. suranwhich e or class of business to B . Paragraph 3. of the Cancellation Common Policy which the policy belongs will jeop- Condition is amended by the addition of the fol- ardize our solvency or will place us in violation of the insurance laws of lowing: Oregon or any other state;or 3. We will mail or deliver to the first Named In- (7) Loss or decrease in reinsurance sured written notice of cancellation, stating covering the risk, the reason for cancellation. IL 02 79 09 08 0 ISO Properties, Inc., 2007 Page 1 of 2 i C. The following is added to the Cancellation oration the premium is guaranteed, we may Common Policy Condition: not refuse to renew the policy at Its anniver- 7. Number Of Days' Notice Of Cancellation: sary date. a. With respect to insurance provided under Nonrenewal will not be effective until at least 2.c.(1) through (10) above, cancellation 45 days after the first Named Insured re- will not be effective until at least 10 work- ceives our notice. ing days after the first Named Insured re- 2. Mailing Of Notices coves our notice. a. If notice of cancellation or nonrenewal is It. With respect to insurance other than that mailed, a post office certificate of mailing provided under 2.c.(1) through (10) will be conclusive proof that the first above, cancellation will not be effective Named Insured received the notice an the until at least: third calendar day after the date of the (1) 10 days after the first Named Insured certificate of mailing. receives our notice, if we cancel for b. The following provision applies with re- nonpayment of premium;or spect to coverage provided under the (2) 30 days after the first Named Insured Farm Coverage Part: receives our notice, if we cancel for If the first Named Insured has affirma- any other reason. tively consented to our use of an elec- D. Paragraph 6. of the Cancellation Common Policy tronic record to deliver notice of cancella- Condition does not apply. tion or nonrenewal and has not withdrawn E. The following are added and supersede any pro- such consent, then the electronic record vision to the contrary: delivering notice of cancellation or nonre- newal satisfies the requirement that the 1. Nonrenewal notice of cancellation or nonrenewal be We may elect not to renew this policy by mail- provided, or made available, to the first ing or delivering to the first Named Insured, at Named Insured In writing if we send the the last mailing address known to us, written first Named Insured the electronic record notice of nonrenewal before the: with a request for a return receipt and we a. Expiration date of the policy; or receive the return receipt. If we do not re- ceive the return receipt,we may cancel or b. Anniversary date of the policy if the policy nonrenew the policy only after providing Is written for a term of more than one year or delivering the notice of cancellation or or without a fixed expiration date. nonrenewal to the first Named Insured in However, if this policy is issued for a term of writing, subject to Paragraph 2.a.above, more than one year and for additional consid- Page 2 of 2 0ISO Properties, Inc.,2007 IL 02 79 09 08 � BA1502P892 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse- a written contract or agreement that is signed and mart, the provisions of the Coverage Form apply executed by you before the "bodily injury" or"property unless modified by the endorsement, damage" occurs and that is in effect during the policy The following is added to the Section II — Liability period is an "insured" for Liability Coverage, but only Coverage, Paragraph A.1. Who Is An Insured Pro- for damages to which this insurance applies and only to the extent that person or organization qualifies as vision: an "insured" under the Who Is An Insured provision Any person or organization Met you are required to contained in Section II. Include as additional insured on the Coverage Fon-n in a o® o® d® om® GA T4 37 D8 08 02ee8 The Travelers Companles,Inc. Page 1 of 1 OOD9ah 6801497P251 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section III) for this Coverage (Section II): Part. Any person or organization that you agree in a S. The following Is added to Paragraph a. of 4. "contract or agreement requiring insurance" to in- Other Insurance in COMMERCIAL GENERAL clude as an additional insured on this Coverage LIABILITY CONDITIONS(Section IV): Part, but only with respect to liability for"bodily in- However, if you specifically agree in a"contract or jury", "property damage" or 'personal injury" agreement requiring Insurance"that the insurance caused, in whole or in part, by your acts or omis- provided to an additional insured under this Cov- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf: primary and non-contributory basis, this insurance a. In the performance of your ongoing opera- Is primary to other insurance that is available to tions; such additional insured which covers such addi- b. In connection with premises owned by or tional insured as a named insured, and we will not rented to you; or share with the other Insurance, provided that: c. In connection with "your work" and included (1) The "bodily injury" or 'property damage" for within the "products-completed operations which coverage is sought occurs; and hazard". (2) The 'personal injury" for which coverage is Such person or organization does not qualify as sought arises out of an offense committed; an additional insured for "bodily injury", 'property after you have entered into that 'contract or damage" or 'personal injury" for which that per- agreement requiring Insurance". But this insur- son or organization has assumed liability in a con- ance still is excess over valid and collectible other tract or agreement. insurance, whether primary, excess, contingent or The insurance provided to such additional insured on any other basis, that is available to the insured is limited as follows: when the insured is an additional Insured under d. 'this insurance does not apply on any basis to any other insurance. any person or organization for which cover- C. The following is added to Paragraph 8. Transfer age as an additional insured specifically Is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- In COMMERCIAL GENERAL LIABILITY CON- age Part. DITIONS(Section IV): e. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services". payments we make for "bodily Injury", "property f. The limits of insurance afforded to the addi- damage" or "personal injury" arising out of "your tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that 'contract or agreement requir- a "contract or agreement requiring insurance"with ing insurance" to provide for that additional that person or organization. We waive these insured, or the limits shown in the Declara- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the "contract or agreement requiring Insur- less, This endorsement does not increase the ance" with such person or organization entered limits of insurance stated In the LIMITS OF into by you before, and in effect when, the "bodily CG D3 81 09 07 02007 The Travelers companies,Inc. Page 1 of 2 moludes the copyrighted material of Insurance Services Office, Inc.,with its permission COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- orage Part, provided that the "bodily injury" and sonal injury"offense is committed. "property damage" occurs, and the "personal in- D. The following definition is added to DEFINITIONS jury"is caused by an offense committed: (Section V): a. After you have entered into that contract or "Contract or agreement requiring insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to include a person or In effect; and organization as an additional Insured on this Coy- c. Before the end of the policy period. Page 2 of 2 02007 The Travelers companies,Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office,Inc.,with Its permission