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HomeMy WebLinkAboutPW14-288 - Original - Ott Construction Consultants - Briscoe/Desimone Levee Consultation Services - 07/14/2014 ME I,sRecords Managem6 KENT Document WASHINGTON }CONTRACT COVER SHEET I 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 Vendor Name: Ott Construction Consultants Vendor Number: JD Edwards Number Contract Number: r Ug This is assigned by City Clerk's Office Project Name: Briscoe/Desimone Levee Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract EI Other: Contract Effective Date: 7/14/14 Termination Date: 5/31/15 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ken Langholz Department: Engineering i Detail: (i.e. address, location, parcel number, tax id, etc.): Provide construction consultation services for the�roject. I S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 11/08 II KEN® T w�s", a,aH CONSULTANT SERVICES AGREEMENT between the City of Kent and Ott Construction Consultants THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Ott Construction Consultants organized under the laws of the State of Washington, located and doing business at 129 E. Lake Sammamish Shorelane NE, Sammamish, WA 98074, Phone: (425) 890-3533/Fax: (425) 868-7415, Contact: Bill Ott (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 construction consultation services for the Briscoe/Desimone Levee Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by May 31, 2015. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Eight Thousand, Eight Hundred Dollars ($8,800.00), 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 j 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. 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 I CONSULTANT SERVICES AGREEMENT - 1 (Under$10,000) an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. in that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT - 2 (Under$10,000) i VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, 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. CONSULTANT SERVICES AGREEMENT - 3 (Under$10,000) 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 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. j 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 CONSULTANT SERVICES AGREEMENT - 4 (Under$10,000) the Exhibits to this Agreement conflict with an language contained in this Agreement, the terms 9 Y of this Agreement shall prevail. i H. Compliance with Laws, The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code, J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY-OF KENT: (/,�nature) / - - ignature) Print Name: ,l47Z;e1� 19 d7t Print Name: Timothy J. LaPorte, P.E. Its: eiklnevs Its: Public orks Director (title) DATE: ' 7-ZC)/ DATE: 7 NOTICES TO BE SENT TO. NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Bill Ott Timothy J. LaPorte, P.E. Ott Construction Consultants City of Kent 129 E. Lake Sammamish Shorelane NE 220 Fourth Avenue South Sammamish, WA 98074 Kent, WA 98032 (425) 890-3533 (telephone) (253) 856-5500 (telephone) (425) 868-7415 (facsimile) (253) 856-6500 (facsimile) i Ott Cons[ruUlon-Otlwoe-Deimone levee 2/Lan9holz CONSULTANT SERVICES AGREEMENT - 5 (Under$10,000) i DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY i l The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. i By: For: Title: Date: vly i EEO COMPLIANCE DOCUMENTS - 1 I CITY OF KENT ADMINISTRATIVE POLICY i NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 1 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: I 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 EEO COMPLIANCE DOCUMENTS - 2 i 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 I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: i I I i EEO COMPLIANCE DOCUMENTS - 3 I EXHIBIT A Ott Construction Consultants Briscoe/Desimone Levee Scope of Work The Consultant shall provide professional construction related consultation services to j the City for the BriscoeJDesimone Levee Project and other projects as directed by the City. These services shall include the following: • Periodic Site Inspections to observe construction activities as needed and directed by the City • Keep City advised of potential construction related issues that may need resolution. • Evaluate Contractor Change Orders and claims requests. • Coordinate with City staff to resolve construction related issues. • Provide miscellaneous professional services as needed • Provide construction coordination and provide advice on resolution of conflicts related to construction of other City public works projects. I Staff Bill Ott Charlie McCoy Kevin Sakai Contact Ott Construction Consultants Bill Ott 129 E. Lake Sammamish Shin, NE Sammamish, WA 98074 L Direct: 425-890-3533 Fax: 425-868-7415 Email: wiliiamott129@yahoo.com I fi i EXHIBIT B Ott Construction Consultants Briscoe/Desimone Levee Budget Name Hours Hourly Totai Billing Rate Bill Ott, Charlie McCoy 48 185 $8,880 or Kevin Sakai I I I I i I i 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. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate for each 1 year policy period, Stop Gap and Employer's Liability coverage shall be included. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85, The City, King County and the King County Flood Control Zone District shall be named as Additional Insureds under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City, the District and the County. All endorsements adding Additional Insureds shall be issued on form CG 20 10 11 85 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability (Errors & Omissions) insurance appropriate to the Consultant's profession. I I EXHIBIT C (continued) B. minimum Amounts of Insurance I Consultant shall maintain the following insurance limits: 1. Commercial General Liabilitv insurance shall be written with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate for each 1 year policy period. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of at least $1,000,000 per accident. 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: 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, King County Flood Control Zone District and King County shall be named as an additional insureds on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City, the Flood Control Zone District and King County 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. I I i EXHIBIT C (Continued) D. Consultant's Insurance for other Losses The Consultant shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Consultant's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Consultant, or the Consultant's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation The Consultant and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. G. 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 Automobile Liability and Commercial General Liability insurance of the Consultant before commencement of the work. H. Subcontractors I Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. /� Client#: 1045900 WILLIOTT2 ACORD... CERTIFICATE OF LIABILITY INSURANCE DATE 14 Y) 7f07t2014 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 ICONTACT NAME, _ Kibble& Prentice,a USI Co PR PHONE 20_6441.6300 F 610.362-8528 _t JC,No,Eat): 601 Union Street, Suite 1000 E-MAIL I cenre uest ADDRESS: p t kcom.com • q @ p Seattle,WA 98101 INSURERS)AFFORDING COVERAGE NAIC# _ INSURER A:Travelers Indemnity Co_. of_A_mo_r 25666 INSURED INSURER e:XL Specialty Insurance Company 37885 William P.Ott -""--"-- INSURER C 129 E. Lake Sammamish Shorelane NE - ----"----�— Sammamish,WA 98074 INSURER D--__ " INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 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 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. ]NOR ADD L SUB ft� POLICYEFF POLICY ESP LTR TYPE OFINSURANCE INSR WVD POLICY NUMBER MM/DD MMIDDlYYYY LIMITS A GENERAL LIABILITY !680OD943278 4/05/2014 04/05/201 EACH OCCURRENCE GOECC'('URRENCE $1 000 000 PftEM SE5 RENTED X COMMERCIAL GENERAL LIABILITY Eaoccurrence $1 OQODOO CLAIMS-MADE OCCUR MED ESP(Any onepursue $10000 PERSONAL&ADV INJURY $1 000,000 GENERALAGGREGATE 52,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPtOPAGG s2,000,000 POLICV X PRO- LUC ____ $ _ JECT COM81NED SINGLE LIMIT /.� AUTOMOBILE LIABILITY 6800D943278 4/0512014 04/05/201 Ea acddam 1_,000_LO.00 ___ _ ANYAUTO BODILY INJURY(Par parson) S ALL OWNED SCHEDULED BODILY INJURY(Par accident) $ AUTOS ___.. AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS Peraccident $ $ UMBRELLA MAE OCCUR EACH OCCURRENCE 5 EXCESS LIAO CLAIMS-MADE j AGGREGATE $ DED_ RETENTION $_ A WORKERS COMPENSATION 680OD943278 4/05/2014 04/06/201 WC STATU- X OTH- AND EMPLOYERS'LIABILITY Y-UMITA' ANY PROPRIETOFNPARTNERlEXECUTIVE YIN (WA Stop Gap) E.L.EACH ACCIDENT $1 O0O OOD OFFlCERlMEMOER EXCLUDED. r11 N)A -- (Mandatory In NH) ' - iGL.DISEASE-EA EMPLOYEE $1000000 _ If yes,describe under D ESCRIPTION OF OPERATIONS below _ EL.DISEASE-POLICY LIMIT $1,000,000 B Professional DFS9704955 4/05/2014 04/05/201 $1,000,000 per claim Liability $1,000,000 annl aggr. I i7 DESCRIPTION OF OPERATIONS I LOCATIONS l VEHICLES(Attach ACORD 101,Additional Remarks Schedule,It more space Is required) RE: Consultant Services Agreement Briscoe-Desimone Levee Project. The General Liability and Automobile Liability policy includes a blanket automatic Additional Insured endorsement that provides Additional Insured status to the City of Kent,King County,and King County Flood Control District, only when there is a written contract that requires such status,and only with regard to work performed on behalf of the named insured.Coverage is Primary and Non-contributory. Waiver of Subrogation applies. CERTIFICATE HOLDER CANCELLATION i City of Kent-Engineering SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y 9 g THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Nancy Yoshitake ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988.2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S12884477/M11944084 MXTJU Policy No. 680OD943278 COMMERICAL 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 B. 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 pan, 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- le. 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 (t) 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 S. 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 ng 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 dons 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 2007 The Travelers Companies,Inc. Page t of 2 Includes the copyrighted material of Insurance services Office, Inc.,with its permission. � COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- erage 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 Cov- c. Before the end of the policy period. I I' i Page 2 of 2 02007 The Travelers Companies,Inc. CO D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc.,with its permission, _ I Fggyla f UATE(MM/DDIYYYY) R. CERTIFICATE OF LIABILITY INSURANCE PRODUCER THIS CERTIFICATE IS ISSUEDAS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Scott McGrew Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2509 152nd Ave NE Suite C ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Redmond, WA 98052 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Mid Century Insurance Company William Ott INSURER B: 129 E Lake Sammamish Pkwy NE INSURER C Sammamish, WA 98074 INSURER M INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT Vv1TH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR EEL POLICY EFFECTIVE POLICY EXPIRATION _Em_Inska TYPE OF INSURANCE _ _- POLICYNUMBER PA�MMlDU1YV DATEMWDUIYYYY LIMITS GENERAL LIAWLI FV EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES(Ea=urence) S CIAIMSMAOE [__)OCCUR MED EXP(Any oneperson) S ___ PERSONAL BADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPICPAGG $ PRO POLICY I�JEOT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANYAUTO (Ea accident) $ 2,000,000 ALLOWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) $ - A y HIRED AUTOS 60478 00 65 11/20/13 11/20/14 BODILY INJURY NON-OWNED AUTOS (Per accident $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANVAUTO EAACC S OTHER THAN —_ — — AUTO ONLY: AGG S EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 'OCCUR CLXMSMADE AGGREGATE _ _ $ _ $ DEDUCTIBLE $ RETENTION S $ WORKERS COMPENSATION WC STATU OTH- ANDEMPLOVERS'LIABILITY YIN _ TORY LIMITS I-A ER ANY PROPRIETORPARTNEWEXECUTIVE L-I E.L.EACH ACCIDENT $ OiFICERAAEMSER EXCLUDED? L (Mandet.DrUNH) — E.L.UAEASE-EAEMPLOYEE $ Ryes,describe Under ''-" - _ SPECIAL PROVISIONS bel. EL.DISEASE-POLICY OMIT $ OTHER _- —�--- DESCRIPTION OF OPERATIONS I LOCATIONS tVEHICLES t EXCLUSIONS ADDED BY ENDORSEMENT t SPECIALPROVISIONS The City of Kent, King County Flood Control Zone District and King County shall be named as an additional insureds as respects work performed by or on behalf of the Consultant. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent Engineering DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 400 West Gowe NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DD SO SHALL Kent, WA 98032 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD26(2009101) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD i i POLICY NUMBER: 60478 00 65 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED I This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply un modified by this endorsement. This endorsement identifies person(s) or organization(s)who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is Indicated below. Endorsement Effective: 07/08/2014 Countersigned By: Named Insured: S&M~ ("j L GAW William Ott Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): The City of Kent, King County Flood Control Zone District and King County (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown In the Schedule Is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. I CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. , E3153 FAFZMEHFZS° i i This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GAR AGE 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. Endorsement Effective: 07/08/2014 Countersigned By: Named Insured: �u0 M William Ott (Authorized Representative) SCHEDULE Home Of Foments)Or Organization(s): The City of Kent, King County Flood Control Zone District and King County Additional Premium (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to,the persons)or• organizatiou(s)shown in the Schedule We will retain the additional premium shown above,regardless of any early termination of this endorsement or the policy. This endorsement is part of your policy.It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy 61-31631ST EDITION 6.06 E3163101 Pago 1ot 1