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HomeMy WebLinkAboutPW15-135 - Original - Shearer Design, LLC - Contract - 04/09/15 Y . Records M ern t-4 KETIT sy{t� WnaNinarox � ' Document dl e d Y 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: Shearer Design LLC Vendor Number: JD Edwards Number I Contract Number: jr`� £ 6 ° This is assigned by City Clerk's Office Project Name: 72no AVe, Extension Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: id I,:,-( 1 Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/15 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ken Langholz Department: Engineering Contract Amount: Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Provide designa nd engineering services for the project. As of: 08/27/14 i 0 (CENT keee?'" Agenda Item: Consent Calendar - 7K 'N'e..n . ✓tCb TO: City Council DATE: April 7, 2015 SUBJECT: Consultant Services Agreement with Shearer Design LLC for Design and Engineering Services for the 72nd Ave. Extension Project - Authorize MOTION: Authorize the Mayor to sign a consultant services agreement with Shearer Design LLC in an amount not to exceed $82,161.00 for Design and Engineering Services for the 72"d Avenue S. improvement Project, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: The Public Works Department was successful in obtaining a $1,182,420 grant from the Washington State Transportation Improvement Board (TIB) for the 72od Avenue Improvement Project in 2011. If action is not taken soon this grant will be in jeopardy. Currently 72nd Avenue South exists between South 180" and South 196th Streets and between South 2001h and South 2281h Streets in the industrialized area of Kent. There is a missing link between South 196th and South 200th Street that will be completed by this project, including a new bridge across Mill Creek. The proposal before the committee concerns structural engineering services required to prepare plans and specifications for the bridge over Mill Creek. The goal would be to continue the work required for permit applications for the projects. Permits will take the better part of a year to process during which time the Regional Fire Authority's (RFA) financial participation can be addressed and completed. EXHIBITS: Consultant Services Agreement with Shearer Design LLC RECOMMENDED BY: Public Works Committee YEA: Ralph - Higgins NAY: BUDGET IMPACTS: Costs for the bridge design will be paid out of project funds. The total project cost is $2,800,000. RFA staff has indicated, they will recommend that the RFA contributes a portion of the remainder as this bridge significantly improves their response time to the northeast part of the Kent valley. We expect further discussions on the overall funding proposal with the RFA Board and the City Council. KENT W nsdincTan CONSULTANT SERVICES AGREEMENT between the City of Kent and Shearer Design LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Shearer Design LLC organized under the laws of the State of Washington, located and doing business at 3613 Phinney Ave. N, #B, Seattle, WA 98103, Phone: (206) 781-7830/Fax: (206) 281-1751, Contact: David Shearer (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 design and engineering services for the 72nd Ave. Extension project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2015. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Eighty Two Thousand, One Hundred Sixty One Dollars ($82,161.00), 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. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 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 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 CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) I 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, 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 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 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 Dilutes 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 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTA T; CITY OF KENO (signature) # (signature) Print Name. \fri4<=i= Print Namrfi . Suzette Cooke Its�� 4 ,�- �T Its M or (title) �•,,� �d'tr"``_- DATE:_TI4 DATE: J r NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: David Shearer Timothy J. LaPorte, P.E. Shearer Design LLC City of Kent 3613 Phinney Ave. N. #B 220 Fourth Avenue South Seattle, WA 98103 Kent, WA 98032 (206) 781-7830 (telephone) (253) 856-5500 (telephone) (206) 281-1751 (facsimile) (253) 856-6500 (facsimile) I AP_PR OV D AS T FOR : Kent Law Department Shearer-22"Extension 2/.e gh.]z CONSULTANT SERVICES AGREEMENT - 5 (Over$I 0,000) 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. 1 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 bo ,fLI agree to fulfill the five requirements referenced above. By: �i I� " For: Title: Date: �� EEO COMPLIANCE DOCUMENTS - 1 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. 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 ER E ' Bridge Design, Constructions Engiinneeeeriinng and InfER rastructure Aesthetics AesetIGN tis 3613 Phinney Ave N#B Seattle,WA 98103 (206)781-7830 November 5, 2014 City of Kent Public Works 400 West Gowe Kent WA, 98032 Subject: 72n0 Ave Extension Attn: Ken Langholz. Dear Ken: We are happy to provide continued engineering services to the City of Kent for the 72"d Ave extension project. The following scope of services details the engineering for this project. General. This contract shall encompass design and engineering as needed for the new vehicular bridge and limited approach roadway on 72nd Ave over Mill Creek. We have split the work into task as described below; Task 1 —Type Size & Location Study Preliminary Layout & TS&L Study.After final review of the project topographic survey, geotechnical and hydraulic information provided by the City, Shearer Design will complete the bridge selection report started in 2013, Under this task, we will prepare a TS&L (Type, Size, Location) study per the guidelines in Chapter 2 of the "Washington State Bridge Design Manual." The report will describe the project, proposed structures, cost estimates, other design alternatives considered and recommendations. The final report will provide justification for the selection of the preferred alternative. We will examine both culvert and short span bridge structures. We will work with you and your staff to complete the report with any in-house information available and provide our technical support in the following areas: • Feasible alignments • Feasible structure types • Shallow foundations compatible with the contaminated soil & aquitard • Identification of environmental and permit issues • Review of geotechnical information The body of the TS&L report will expand and address the following areas: • Pros & Cons of each alternative • Contaminated soil removal • Ground water • Maintenance issues, Preliminary project cost estimates Environmental issues ,Geometric constraints Plan and elevation drawings for the recommended structure The final deliverables will be: Letter summary report Drawings suitable for permit applications \\SHEARERSERVER\D-Drive\ADMIN\Job Contracts\C-0223 72 Ave Extension\Contract Phase 2\0233 72nd Extension Scope PS&E R1.docx ., „r• t" SHEARER DESIDN LLC. i N I Bridge Design, Construction Engineering and Infrastructure Aesthetics 3613 Phinney Ave N#B Seattle,WA 98103 (206)781-7830 Task 2—Structural Design PS&E 30% & 60% Design.After the preferred alignment and type is accepted by the City, the following items of work will be performed to bring the design to the 30% & 60% design level: • Prepare 30% & 60% level drawings showing bridge plan, elevation and typical section views • Prepare a 30% & 60% level engineer's construction cost estimate. This includes calculating and compiling quantities and unit costs for the bridge bid items that correspond to the bridge plans. • Permit Assistance — Provide drawings and quantities related to the bridge as required for environmental and building permits prepared by the City of Kent. Deliverables: • 30% &60% Plans (11"x17" PDF format) • 30% &60% Engineer's Construction Cost Estimate Drawings and quantities for permits 90% Bridge Plans, Specifications and Estimate (PS&E).After the City has reviewed the 60% bridge plans and estimate, the following items of work will be performed to bring the design to the 90% design level: • Incorporate the City's review comments • Superstructure design calculations • Substructure design calculations • Update bridge plan, elevation and typical section views to the 90% level and develop plan details for all necessary bridge components to the 90% level • Update the engineer's construction cost estimate to the 90% level. This includes updating quantities and unit prices, and adding or removing items as needed that correspond to the bridge plans and specifications. • Prepare draft special provisions for bridge items for use in developing the overall project specifications • Permit Assistance — Revise drawings and quantities as needed for environmental and building permits prepared by the City of Kent Deliverables: • 90% Plans (11"x17" PDF format) • 90% Engineer's Construction Cost Estimate • 90% Bridge Special Provisions (MS Word format) • Revised drawings and quantities for permits, as required Final Bridge Plans, Specifications and Estimate (PS&E). After the City has reviewed the 90% PS&E, the following items of work will be performed to finalize the PS&E documents for bid advertisement: • Incorporate 90% review comments • Finalize design calculations • Finalize the bridge plans • Finalize the traffic control plans • Finalize the engineer's construction cost estimate • Finalize the special provisions for bridge items for use in developing the overall final project specifications \\SHEARERSERVER\D-DriveWDMIN\Job Contracts\C-0223 72 Ave Extension\Contract Phase 2\0233 72nd Extension Scope PS&E R1.docx DESIGN SHEARER DESIGN LLD. SHUREN Ike "A IN Bridge Design, Construction Engineering and Infrastructure Aesthetics 3613 Phinney Ave N#B Seattle,WA 98103 (206)781-7830 Deliverables: • Final Plans (11"xl7" PDF format) • Final Engineer's Construction Cost Estimate (8.5"xl1" PDF and MS Excel formats) • Final Bridge Special Provisions (MS Word format) All bridges and structures will be designed in conformance with the following: • AASHTO LRFD Bridge Design Specifications, 6" Edition, with latest interim revisions • WSDOT Bridge design manual current edition (BDM) Task 4—Project Management 4.0 Project Management. Shearer Design will provide project management and administration necessary to perform this scope of services, including the following: • Provide monthly invoices • Attend project meetings with the City • Visit the project site • Coordinate project activities with other project members, including the City staff and other THE CITY consultants (e.g. geotechnical) Deliverables Schedule The following schedule assumes geotechnical information is finalized by December 15, 2014. TS&L Draft 1/15/15 TS&L Final 2/1115 30% design 4/1115 • 60% design 6/15/15 90% design 8l1/15 • Final bid package 9/15/15 Items not included in this proposal This proposal assumes the City of Kent will be responsible for preparation of the construction bid documents "Division 1", assembly of the final bid documents and services required for award of the project construction. Load rating of the bridge will occur with the construction support phase. Areas to be provided by the City of Kent and their other consultants: • Site topographic survey • Wetland Delineations • Geotechnical foundation report • Utility design • Hydraulic Analysis • Permit Application • Construction Services Please see the enclosed spreadsheet for a summary of our estimated cost and hours for this project. We look forward to working with you again on this exciting project. If you have any questions please feel free to call. Sincerely, David R. Shearer S.E. Principal Bridge Engineer SHEARER DESIGN \\SHEARERSERVER\D-Drive\ADMIN\Job Contracts\C-0223 72 Ave Extension\Contract Phase 210233 72nd Extension Scope PS&E R1.docx i Y l Y E { r I I W Y o N � o I I u N y a IL a r m c �a KLU a c w O LLI U U I' C N L e o y o ° °E' d J O m c M L N O 19 ! 1`I! M1 N Zl Y I m m Q m N J 61� W ro W 49 ,y o A ! E o F � F a ! N N W LU m Z � N q m N S a U) m m v 2 X � �, P.mm9 hN w: W tl awcn ',. w o U d F n o o C m o vO % h � N N D m N 2 C � v ui a I I I I vF i 0 I w » m I » I n a m I m I I I 9 6 I O m _ a � E b F r » w n � . n - N cF - a9in S III v� of Q I �r 9 0 C l vry ry v � rv� EL n ois Ao g�, KIM �e ➢ o&m � m �_ . c 5 c S m tl m t o y' m vn Fa E I an E ry gLL II s L 13 2 L h -° o �✓r u � � I m � q X n. i I ura N fj � n O jp O N o� N of ao a a2 a l r @ M N N Oct O ° N YN I I' l c� Y L : C Rl _ m ' la w m.. R N -III. ~- i I 00 o w O N N m N W O O o N O N N y O i K � Wea° wl N LLI V n N V N N M (O V zi J N � nFo I C N m N O 5 U p I� t d o 0 c � I E d w a m m � n — v � o y ° d I m N � 2 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liabilitv 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 $3,000,000 each occurrence, $3,000,000 general aggregate. I EXHIBIT C (Continued) 3. Professional Liability insurance shall be written with limits no less than 35,000,000 per claim and $3,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers 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 Consultant 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. ® CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDDIYYYV) AC®R® 1/14/2015 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 POIlcies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMNT E: Dmpany. Michael J Hall& Company PHONE,.E.u360-598-3700 (FAX No): Hall and Company EMAIL - 19660 1Oth Ave NE _AOOREss'certificates/g�nllandcomnanv com._._._. PoulsbDWA98370 INSURERS)AFFORDING COVERAGE NAIC# INSURER a:Hartford ualty_Insuranc j INSURED 12609 INSURERB:Travelers Casualty and Sure Coo 'L. Shearer Design LLC INSURERC: 3613 Phinne Ave N#B Y INSURER D Seattle WA 98103 - - - _ INSURER INSURER F: COVERAGES CERTIFICATE NUMBER: 1756574591 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. INSR TYPEOF INSURANCE R - POLICY EFF POLICY E%P LIMITS LTR INSR Me POLICY UMBER MMIDDIYYYV MMIDDNYYV A GENERAL LIABILITY Y V 52S BAIJ6571 'e 2!912015 /9/2016 1 EACH OCCURRENCE $2.000,000 T DAMAGE TO RENI ED TCOMMECR CIAL GEN ERALLIABILITY I PREMISES(Ea occurrence S300,000 CLA XIOCCUR MEDEXP(Any one person) $10000 P/XPERSONAL& $2000000 aration Insds GENERAL AGGREGATE $4.000,000 GEN'LAGGREGATE LIMITAPPLIES PER: PRODUCTS-._COMP/OP AGG $4,000,000 — _ POLICY IX I PRO- LCC $ 1 A ,AUTOMOBILE LIABILITY Y V $2SBAIJ6571 of /9l2015 /9/2016 Ea accident __. S2,000,000 ANY AUTO BODILY INJURY(Per person) I$ ALL OWNED SCHEDULED BODILY INJURY(Per accident)IIS Ix AUTOS AUTOSHIRED AUTOS X AUTOS E❑ Poor accident AMAGE $ $ 1 UMBRELLA LIAR ',OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DEC RETENTION$ rY $ A WORKERS COMPENSATION 52SRAIJ6571 /9/2015 2/9/2016 X I METLATUT OTH- WA Stop Gap AND EMPLOYERS'LIABILITY - IN ANY PROPRIETORIPARTNERIEXECUTIVE Y❑I NIA A El EACH ACCIDENT $1.000.000 _ OFFICERIMEMBER EXCLUDED? -- (Mandstory in NFL III El.DISEASE-EA EMPLOYEE $1,000,000 Ifyy describe under I DESCRIPTIONCF OPERATIONS below EL DISEASE-POLICY LIMIT 81,000,000 B Professional Liab:Claims Made 106223080 1/11/2015 airy 111/2016 $1,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additienal Remarks Schedule,It more space is r.q.lre i) Project/Job Name: 72nd Ave Extension City of Kent is an Additional Insured on the Commercial General Liability and Auto Liability when '.. required by written contract or agreement regarding activities by or on behalf of the Named Insured. This insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non-contributing with this insurance.A waiver of subrogation applies to the Commercial General Liability, Auto Liability, Umbrella/Excess Liability and Workers Compensation/Employers Liability in favor of the Additional Insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 400 W Gowe St Kent WA 98032-6019 AUTHORIZED REPRE ENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD i i Shearer Design LLC - The Hartford Policy# 52SBAIJ6571 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred;or "employees", "volunteer workers", any partner or member(if you are (2) "Personal and advertising injury" a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person(other than your"employee"or With respect to"mobile equipment" registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law,any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization responsible for the conduct of such person Is Any person or organization having proper also an Insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment,and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability, maintenance or use of that property;and However,no person or organization is an insured (2) Until your legal representative has with respect to: been appointed. a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment;or Your legal representative ff you die, but b. 'Property damage" to property owned by, . only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this Insurance. an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity Is less than 51 feet long and Is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the Insured while operating such watercraft with effective date of this Coverage Part. your permission, Any other person or The insurance afforded herein for any organization responsible for the conduct of subsidiary not shown in the Declarations such person is also an insured, but only with as a named insured does not apply to of the to liability arising out of the operation injury or damage with respect to which an in the watercraft, and only a no other Insured under this insurance is also an insurance rg any kind is available to that insured under another policy or would be person or organization for this liability. an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: limits of insurance. a. "Bodily injury" to a oo-"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft.;or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who Is maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there Is no other similar insurance Written Contract, Written Agreement Or available to that organization. However, Permit a. Coverage under this provision Is afforded The person(s) or organizatfon(s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period,whichever is earlier;and Form SS 00 00 04 OS Page,11 of 24 The Hartford BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (ej Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement,or the Issuance of the permit, with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, Installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed at the vendor's premises in However, no such person or organization is an connection with the sale of the additional insured under this provision If such product; person or organization is included as an additional insured by an endorsement Issued {g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional Insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F.—Optional Additional Insured Coverages. the vendor;or a. Vendors (h) "Bodily, injury" or "property Any person(s)or organizations)) (referred to damage" arising out of the sale below as vendor), but only with respect to negligence of the vendor for its "bodilyinjury" or "property dama e" arising own acts or omissions or those of j rY g g its employees or anyone else out of"your products" which are distributed acting on its behalf. However,this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part provides coverage for "bodily injury" or (I) The exceptions contained in "property damage" included within the Subparagraphs(d) or(f);or "products-completed operations hazard". (if) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual course of business, in This insurance does not apply to: connection with the distribution (a) "Bodily Injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for"bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in pert, by your (d) Repackaging, except when maintenance, opereon or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructfons from the manufacturer, and then repackaged in the original container; Page'12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the Insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to; of that part of the land or premises (a) "Bodily Injury", "property damage" leased to you. or 'personal and -advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional Insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) 'Bodily injury"or"property damage" place after you cease to lease that Included within the "products- land or be a tenant In that completed operations hazard". premises;or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e, above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or 'personal and d. Architects, Engineers Or Surveyors advertising injury" caused, In whole or (1) Any architect, engineer,or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or 'personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you;or (a) In connection with your premises; (c) In connection with"your work"and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (it) This Coverage Part provides "bodily injury", 'property damage" or coverage for "bodily injury" or "personal and advertising injury" 'property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by orforyou, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional. insureds, this failure to prepare or approve., insurance does not apply to: maps, shop drawings, opinions, 'Bodily injury", 'property damage" or reports, surveys, field orders, 'personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications;or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form 88 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to 'property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications;or explosion. (b) Supervisory, inspection, 3. Each Occurrence Limit architectural or engineering Subject to 2.a. or 2.b above, whichever activities. applies, the most we will pay for the sum of all The limits of Insurance that apply to additional damages because of all "bodily injury", insureds are described in Section D. — Limits "property damage" and medical expenses Of Insurance. arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations. is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E. —Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for company that is not shown as a Named insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations. 1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the The Damage To Premises Rented To You Declarations and the rules below fix the most Limit is the most we will pay under Business we will pay regardless of the number of: Liability Coverage for damages because of a. Insureds; "property damage"to any one premises,while b. Claims,made or"suits"brought; or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing "suits". temporarily occupied by you with permission of 2. Aggregate Limits the owner. The most we will pay for: In the case of damage by fire, lightning or explosion,the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard"is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the g. How Limits Apply To Additional Insureds Declarations. b. Damages because of all other "bodily The most we will pay on behalf of a person or injury", "property damage" or "personal organization who Is an additional insured and advertising injury", including medical under this Coverage Part is the lesser of: expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political separately to each of your "locations" subdivision; or owned by or rented to you. b. The Limits of Insurance shown in the "Location" means premises involving the Declarations. same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad. - Page '14 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM If more than one limit of Insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands', notices, summonses or applies to any claim or"suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or"suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the Investigation, limit set forth In Paragraph 3,above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the"suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months,starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the Insured because of Injury after issuance for an additional period of less than 12 or damage to which this insurance months. In that case, the additional period will.be may also apply. deemed part of the last preceding period for purposes d. Obligations At The Insured's Own Cost of determining the Limits of Insurance. No insured will, except at that Insured's own E. LIABILITY AND MEDICAL EXPENSES cost, voluntarily make a payment, assume GENERAL CONDITIONS any obligation, or incur any expense, other 1. Bankruptcy than for first aid,without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2, Duties In The Event Of Occurrence, by other insurance available to an Offense,Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and indemnity. You or any additional insured must see to However, this provision does not apply to it- that we are notified as soon as the extent that you have agreed in a practicable of an "occurrence" or an written contract, written agreement or offense which may result in a claim. To permit that this insurance Is primary and the extent possible, notice should include: non-contributory with the additional (1) How,when and where the "occurrence" insured's own insurance. or offense took place; f, Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit Injured persons and witnesses; and Paragraphs a, and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence"or offense, known to: b. Notice Of Claim (1) You or any additional insured that is If a claim Is made or "suit" is brought an Individual; against any insured, you or any additional (2) Any partner, if you or an additional insured must: Insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured Is a limited liability company; . and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or"suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured Is a political You and any other involved insured must: subdivision or public entity. Form 88 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception data of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Otherinsurance insurance required by that law. If other valid and collectible insurance is b. With respect to "mobile equipment" to available for a loss we cover under this which this Insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows: underinsured motorists, no-fault or other coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also 4. Legal Action Against Us primary, we will share with all that other insurance by the method described in c. No person or organization has aright under below. this Coverage Form: b. Excess Insurance a. To join us as a party or otherwise bring us into a "suit' asking for damages from an This insurance is excess over any of the insured;or other insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis: all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for"your work"; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of That is flre, lightning or explosion this insurance or that are in excess of the insurance for premises rented to you applicable limit of insurance. An agreed or temporarily occupied by you with settlement means a settlement and release of permission of the owner, liability signed by us, the insured and the claimant or the claimant's legal representative. (3) Tenant Liability S. Separation Of Insureds That is insurance purchased by you to cover your liability as a tenant for Except with respect to the Limits of Insurance, "property damage" to es rented and any rights or duties specifically assigned to in t with his policy to the first Named Insured, this you or temporarily occupied by you wth permission of the owner; insurance applies: a. As if each Named Insured were the only (4) Aircraft,Auto Or Watercraft Named Insured; and If the loss arises out of the maintenance I,. Separately to each insured against whom or use of aircraft, "autos"or watercraft to a claim is made or"suit"is brought. the extent not subject to Exclusion U. of Section A.—Coverages. 6. Representations (5) property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k. of Section A.— Coverages. representations you made to us;and Page 16 of 24 Form SS 00 03 04 05 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this Insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of: you covering liability. for damages (1) The total amount that all such other arising out of the premises or insurance would payforthe loss in the operations,or products and completed absence of this insurance;and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other Insurance; or insurance. (7) When You Add Others As An We will share the remaining loss, if any,with Additional Insured To This any other insurance that Is not described In Insurance this Excess Insurance provision and was not That is other Insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares,we will follow Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance Is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. written,agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Underthis method,each share with all that other insurance insurer's share is based on the ratio of its by the method described in c. applicable limit of insurance to the total below. applicable limits of insurance of all Insurers. (b) Primary And Non-Contributory 8, Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, Including permit that this Insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us Insurance. enforce them. This condition does not Paragraphs(a) and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b, Waiver Of Rights Of Recovery (Waiver Insured has been added as an Of Subrogation) additional Insured. If the insured has waived any rights of When this Insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any"suit"if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization In a contract, rights against all those other Insurers, agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 COMMON POLICY CONDITIONS All coverages of this policy are subject to the following conditions. A. Cancellation (6) Failure to: 1. The first Named Insured shown in the (a) Furnish necessary heat, water, Declarations may cancel this policy by mailing sewer service or electricity for 30 or delivering to us advance written notice of consecutive days or more, except cancellation. during a period of seasonal w unoccupaney; or 2. We may cancel this policy by mailing or delivering to the first Named Insured written (b) Pay property taxes that are owing notice of cancollation at least; and have been outstanding for more than one year following the a. 5 days before the effective date of data due, except that this a cancellation if any one of the following provision will not apply where you conditions exists at any building that is m are in a bona Fide dispute with the a Covered Property in this policy: taxing authority regarding payment N (1) The building has been vacant or ofsuchtaxes. v unoccupied 60 or more consecutive f3 10 days before the effective date of © days.This does not apply to: cancellation if we Cancel for nonpayment o (a) Seasonal unocoupancy;or of premium. x (b) Buildings in the course of c. 30 days before the effective date of construction, renovation or cancellation if we cancel for any other addition. reason. Buildings with 65% or more of the rental S. We will mail or deliver our notice to the first units or Boor area vacant or unoccupied Named insured's last mailing address known are considered unoccupied under this to us. Provision. n. Notice of cancellation will state the effective (2) After damage by a Covered Cause of data of cancellation. The policy period will end Loss, permanent repairs to the on that date. building: S. if this policy Is canceled, we will send the first _ (a) Have riot started; and Named Insured any premium refund due. (b) Have not been contracted for, Such refund will be pro mia. The cancellation within 30 days of initial payment of will be effective even if we have not made or loss. offered a refund. a� 6. If notice is mailed, proof of mailing will be (3) The building has: sufficient proof of notice. (a) An Outstanding order to vacate; ;. If the first Named Insured cancels this policy; (b) An outstanding demolition Order; we will retain no less than $100 of the or premium. (c) Been declarer) unsafe by B. Changes governmental authority. This policy contains all the agreements between you (d) Fixed and salvageable Items have and us conceming the insurance afforded. The first been or are being removed rrom the Named Insured shown in the Declarations is building and are not being replaced. authorized to make changes in the terms of this policy This does not apply to such removal witti our consent. This policy's terms can be that is necessary or ineldcrital to any amanded or waived only by endorsement issued renovation or remodeling, by us and made a part of this policy. Form 38 00 05 12 06 Page t of 3 0 2006,The Hartford COMMON POLICY CONDITIONS C, Concealment, Misrepresentation Or Fraud 1. Premiums This policy is void in any case of fraud by you as it 1. The first Named Insured shown in the relates to this policy at any time. It is also void If you Declarations: or any other Insured,at any time,intentionally conceal a. Is responsible for the payment of all or misrepresent a material fact concerning: premiums; and 1. This policy; b, Will be the payee for any return premiums 2, The Covered Property; we pay. 3. Your interest in the Covered Property; or 2. The premium shown in the Declarations was 4. A claim undertY is policy. computed based on rates in effect at the time the policy was issued. If applicable, an each D. Examination Of Your Books And Records renewal, continuation or anniversary of the We may examine and audit your books and effective date of this policy, we will compute records as they relate to the policy at any time the premium In accordance with our rates and during the policy period and up to three years rules then in effect, afterward. 3. With our consent, you may continue this policy la inspections And Surveys in force by paying a continuation premium for We have the right but are not obligated to: each successive one-year period. The premium must be: 1. Make inspections and surveys at any time; a. Paid to us poor to the anniversary date;and 2. Give you reports on the conditions we Lind;and b. Determined in accordance with Paragraph 3. Recommend changes. 2.above. Any inspections, surveys, reports or Our forms then in effect will apply. If you do recommendations relate only to insurability and the not pay the continuation premium, this policy premiums to be charged, We do not make safety will expire on the first anniversary date that we inspections. We do not undertake to perform the duty have not received the premium. of any person or organization to provfdo for the health 4. Changes in exposures or changes in your or safety of any person. And we do not represent or business operation, acqufsMon or use of . warrant that conditions: tocatlons that are not shown In the Declarations 1. Are safe or healthful; or may occur during the policy period, if so,we may 2. Comply with faws, regulations, codes or require an additional premium. That premium will standards. be determined in accordance with our rates and This condition applies not only to us, but also to rules then in effect any rating, advisory, rate service or simllar J. Transfer Of Rights Of Recovery Against Others organization which makes Insurance inspections, To us survoys, reports or recommendations. Applicable to Property Coverage: P, Insurance Under Two or More Coverages If any person or organization to or for whom we if two or more of this policy's coverages apply to make payment under this policy has rights to the same loss or damage, we will not pay more recover damages from another, those rights are than the actual amount of the loss or damage, transferred to us to the exient of our payment. f . Liberalization necessary person or organization must do everything necessary to secure our rights and must, do If we adopt any revision that would broaden the nothing after toss to impair them. But you may coverage under (his policy without additional waive your rights against another party in writing: premium within 45 days prior to or during the policy 1. Prior to a loss to your Covered Property period, the broadened coverage will immediately apply to this policy. 2. After a foss to your Covered Property only if, at Time of toss,that party is one of the following: H, Other Insurance .property Coverage If there is other insurance covering the same loss a. Someone insured by this insurance; or damage, we will pay only for the amount of b. A business firm: covered loss or damage ht excess of the amount (1) Owned or,controlled by you;or due from that other insurance, whether you can collect on it or not. sut we will not pay more than (21 fhat owns or contro[S you; Or the applicable Limit of Insurance. Page 2 of 3 Form S5 00 06 12 06 COMMON POLICY CONDITIONS c, Yourtenant. L. Premium Audit You may also accept the usual bills of lading or a. We will compute all premiums for this policy in shipping receipts limiting the liability of carriers. accordance with our rules and rates. This will not restrict your insurance, K The premium amount shown in the K. Transfer Of Your Rights And Duties Under This Declarations is a deposit premium only. At the Policy close of each audit period we wilt compute the Your rights and duties under this policy may not be earned premium for that period. Any result transferred without our written consent except in of th on a premium found to ya due as o ice to p of fife audit are due and payable on notice to the case of death of an Individual Named Insured. the first Named Insured. if the deposit If you die, your rights and duties will be transferred premium paid for the policy term is greater to your legal representative but only while acting than the earned premium, we will return the within the scope of duties as your legal excess to the first Named Insured. o representative, Until your legal representative is c. The first Named insured must maintain all appointed, anyone having proper temporary records related to the coverage provided by custody of your property vnll have your rights and this policy and necessary to finalize the o duties but only with respect to that property. premium audit, and send us copies of the d same upon our request. m 0 0 w N N N 0 H Out President and Secretary have signed this policy. Where required by taw,the Declarations page has also been o countersigned by our duly authorized representative. T Ooreld0.N.unt,SeWely '�n Aiir�ads,President gad Form 86 00 06 12 06 page 3 of 3 i SUPER STRETCH SUMMARY SUMMARY OF COVERAGE LIMITS This is a summary of the Coverages and the Limits of Insurance provided by the Super Stretch Coverage form SS 04 74 which Is included in this policy. No coverage Is provided by this summary. Refer to coverage form SS 04 74 to determine the scope of your Insurance protection, a The Limits of Insurance for the following Additional Coverages are in addition to any other limit of insurance provided 1 under this policy; ;1 Blanket Coverage Limit of Insurance:$150,000 m Blanket Coverages Accounts Receivable- On/Off Premises N Computers and Media o Debris Removal o Personal Property of Others o Temperature Change Valuable Papers and Records-On/Off Premises Coverage Limit Brands and Labels Up to Business Personal Property Limit Claim Expenses $ 10,000 Computer Fraud $5,000 Employee Dishonesty(including ERISA) $25,000 _ Fine Arts $25,000 Forgery $25,000 Laptop Computers-Worldwide Coverage $ 10,000 Off Premises Utility Services—Direct Damage $25,000 Outdoor Signs Full Value _ Pairs or Sets Up to Business Personal Property Limit Property at Other Premises $ 10,000 Salespersons' Samples $ 5,000 Sewer and Drain Back Up Included Up to Covered Property Limits Sump Overflow or Sump Pump Failure $25,000 Tenant Building and Business Personal Property $20,000 Coverage-Required by Lease Transit Properly in the Care of Carriers for Hire $ 10,000 Unauthorized Business Card Use $ 5,000 Form 5S 34 15 00 07 Page 1 oF2 0 2007, The Hai tford j The Limits of Insurance for the following Coverage Extensions are a replacement of the Limit of Insurance provided under the Standard Property Coverage Form or the Special Property Coverage Form,whichever applies to the policy: Coverage Limit Newly Acquired or Constructed Property—180 Days Building $1,000,000 Business Personal Properly $500,000 Business Income and Extra Expense $500,000 Outdoor Property $25,000 aggregate!$1,000 per item Personal Effects $25,000 Property Off-Premises $25,000 The following changes apply only if Business Intone and Extra Expense are covered under this policy. The Limits of Insurance for the following Business Income and Extra Expense Coverages are in addition to any other Limit of Insurance provided under this policy: Coverage Limit Business Income Extension for Off-Premises Utility Services $25,000 Business Income Extension for Web Sites $50,00017 days Business Income from Dependent Properties $50,000 The following Limit of Insurance for the following Business Income Coverage is a replacement of the Limit of Insurance provided under the Standard Property Coverage Form or the Special Property Coverage Form, whichever applies to the policy: Coverage Limit, Extended Business Income 90 Days The following changes apply to Loss Payment Conditions: Coverage Limit Valuation Changes Cominodity Stock Included "Finished Stock" Included Mercantile Stock- Sold Included Page 2 of 2 Form 88 84,15 09 07 REQUEST FOR MAYOR'SSIGNATUREi {�EtdT Please Fill in All Applicable Boxes.. } t djAey(ewed by Director Originator's Name: Ken Langholz Dept/Div. Engineering extension: 5516 Date Sent: 4/ol1 a Date Required: ifs Jr Return to: Nancy_Yoshitake CONTRACT TERMINATION DATE: 12/31/15; VENDOR: Shearer Design LLC DATE OF COUNCIL APPROVAL: ly r15 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached agreement is for Shearer Design to provide design and engineering service the 72"d Avenue Extension project. For additional information, see the attached Council motion sheet. All Contracts Must Be flouted Through The caw Department (This area to be completed by the Law Department). Received:' I furl Approval of Law Dept. r �r xyai e Law Dept.Comments: ( ✓4 y d � _ _ m ,+ Date Forwarded to Mayor: I! t` I s ` ' 3} Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: Disposition; ' /l Date Returned: 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 Shearer Design, LLC Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as 72"d Ave. Extension - Design that was entered into on the April 9. 2015 (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: a" � For: SN ."Au 42- 0 �S1 6fJ Title: mwk)Lil� Date: 4 1(z EEO COMPLIANCE DOCUMENTS - 1 F V ✓ (,1�