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HomeMy WebLinkAboutPW15-200 - Original - BergerABAM - S 224th St Overcrossing of SR167 - 6/2/2015 Recordse KIENT Document WASH1 NG.TON 4 CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portion's are to be completed. If you have questions, please contact City Clerk's Office. i Vendor Name: BergerABAM Vendor Number: JD Edwards Number Contract Number: TwIds. �00 This,is assigned by City Clerk's :Office Project Name: S. 224t".St. Overcrossing of SR 167 Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other.: Contract Effective Date: 6/2/15 Termination Date: 8/31/15 Contract Renewal Notice (Days): ;Number of days required notice for termination or renewal or amendment Contract Manager: Garrett Inouye Department: Engineering Contract Amount: $7,960.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council, Detail (i.e. address, location, parcel number,`tax id, etc.): Participate in a Value Engineering Study for the project. i� r As of: 08/27/14 KENT W A SH.I NG T.O N CONSULTANT SERVICES AGREEMENT between the City of Kent and BergerABAM THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter.the "City"), and BergerABAM organized under the laws of the State of Washington, located and doing business at 1301 Fifth Ave., Suite 1200, Seattle, WA 98101, Phone: (206) 357-5615, Contact Bob Fernandes (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 participate in a Value Engineering Study for the S. 224t" Street Overcrossing of SR 167. For`a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement Will be performed in accordance ,with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II: TIME OF COMPLETION. The 'parties agree that work Will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by August 31, 2015 III. COMPENSATION. l A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Seven Thousand, Nine Hundred Sixty Dollars ($7,960.00), 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 thei negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly, payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five 45 days of receipt of 9 y p p Y Y- O Y p an invoice. If the City objects to all or any portion of an invoice, it shall notify the CONSULTANT SERVICES AGREEMENT - 1 (Under$10,000) t 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. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, CONSULTANT SERVICES AGREEMENT - 2 (Under$10/000) J r 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 art, then ` Consultant shall pay all the City's costs for defense, including all part, reasonable ex Pert witness fees and reasonable attorneys' fees, plus the City's legal costs and , fees incurred ;because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, ! insurance of the types and in the amounts described in Exhibit B attached and incorporated`by this reference. IX EXCHANGE` OF INFORMATION. The City will provide its best efforts to provide reasonable ac curacy 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. CITTS RIGHT OF INSPECTION. Even though Consultant is an independent contractor With the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the: City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and CONSULTANT SERVICES AGREEMENT - 3' (Under$10,000) ti 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 it&I 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 Iof 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 attorneys fees incurred in defending or bringing such claim or,lawsuit, including all appeals, in addition to any other recovery or award provided ;by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. written Notice. All communications 'regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business:days after the date of mailing by registered or certified.mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment.` Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to ,any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F.! Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering;into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any Language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. CONSULTANT SERVICES AGREEMENT - 4 (Under$10,000) H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel; engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. Counterparts This Agreement may be executed in any ;number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY tNT: By: JAI By: (signature) (sig ture) Print Name: Print Name: Timothy J. LaPorte, P.E. Its I C � �� T" Its: P Iic W rks Director (title) .. .DATE.: I � , S DATE: _ NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: - Bob Fernandes Timothy J. LaPorte, P.E. BergerABAM City of Kent 1301 Fifth Ave., Suite 1200 220 Fourth Avenue South Seattle, W' A 98101 Kent, WA 98032 (206) 357-5615 (telephone) (253) 856-5500 (telephone) 253 856-6500 ffacsimile BergerABAM-224`h VE/Inouye CONSULTANT SERVICES AGREEMENT - 5 (Under$.10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives' outlines, it will be considered a breach of 'contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of. Kent administrative policy number 12. 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 P y p y 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 prornotiori'of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that>the Prime Contractor complied with the requirements as set 'forth above By signing below, I agree to fulfill the five requirements referenced above. By, ' For: �6 ► Title: -Date. 4yz /Zo EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE 'POLICY NUMBER: 1.2 EFFECTIVE BATE: 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 I EXHIBIT A-SCOPE OF WORK VALUE ENGINEERING SUPPORT SERVICES FOR 224TH OVERCROSSING OF SR 167 SCOPE OF WORK The CONSULTANT shall provide a registered structural engineer(Chuck Spry) experienced with the design and construction of bridges in the state of Washington to participate in a 3 day Value Engineering(VE)workshop. Mr,Spry will attempt to identify potential cost saving design modifications to the proposed'preliminary bridge design prepared by the CITY. We understand that WSDOT Bridge and Structures Office has reviewed the proposed design,which pportunities. It i assumed that the CQNSULTANT's bridge may constrain the potential VE o engineer will not be responsible for the determination of the cost saving potential of the,VE Proposals and/or their compatibility with the roadway design,.and/or construction staging constraints associated working within WSDOT right-of-way. . It is assumed that these issues will be,addressed by CITY staff and/or other experts hired by the CITY to serve on the VE panel!.: ' SCHEDULE Ifi is assumed the VE workshop will take 3 days. It is anticipated that the VE workshop will occur in June within a mutually agreed timeframe. Comments on the VE report will be provided within one week of receipt of the draft report. ESTIMATED LEVEL OF EFFORT` Tle estimated level of effort associated with providing these services is 36 hours,24 hours for participation in the VE workshop,4 hours to prepare for the workshop by reviewing materials provided by the CITY and S hours to review and comment on the draft VE report. Costs will be as`shown in Exhibit D (attached.) i. i i i _ i i City of Kent Department of Public Works 2241h Overcrossing of SR]67 May 2015' Kent,Washington Exhibit Al Page 1 of 1 i . Consultant Fee Determination 611212016 City of Kent-Value Engineering, 224th Over SR 167 DIRECT SALARY COSTS(DSC) Personnel Hours Rate Cost 1 Project Executive 0 X $ 84.19 $ - 2 Project Manager(Chuck Spr 36 X $ 73,61 = $ 2,650 3 Project Engineer 0 X $ 52,64 = $ 4 Structural Engineer 0 X $ - = $ - I 5 Civil Engineer 0 X $ = $ - 6 Designer/CAD Oper 0 X $ $ 12 Graphics 0 X $ = $ 12 Project Coor./Admin 0 X $ $ J - Total Hours 36 Subtotal Direct Salary Costs(DSC)= $ 2,650 Salary Escalation(SE)= 0% $ Subtotal(DSC+SE) $ 2,650 Overhead(OH)= 168.21%a $ 4,457 Subtotal(DSC+SE+OH)= $ 7,107 Fee= 12% $ 852.89 TOTAL SALARY COSTS(DSC+SE+OH+Fee)- $ 7,960 DIRECT NONSALARY COSTS QNSC) - Mileage Design Team miles`@ $ 0.560 $ - Expendables(photographs,equip rental,etc) 0 Estimate @ 1000 $ - Mileage Survey Team' miles @ $ 0.560 $ - Survey Expenses $ - TOTAL REIMBURSABLE EXPENSES(DNSC)_ $ SUBTOTAL BergerABAM $ 7,969 SUBCONSULTANTS SUBTOTAL SUBCONSULTANTS $ TOTAL AUTHORIZED AMOUNT= $ _7,960 MANAGEMENT RESERVE $ - TOTAL.CONTRACT AMOUNT w $ 71960 i EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS' Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their,agents, representatives, employees or .....subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, 'products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Cornrnercia1 '';General Liability insurance policy with respect to the` work performed for the City using ISO additional insured endorsement CG 20 10 11 ,85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington.` 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with,a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations' aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000000 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 afterthirty (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 insurers liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily 'limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant; I , ® DATE(MM/DD/YYYY) �►corrra CERTIFICATE OF LIABILITY INSURANCE 5/28/2015' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS j CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED`BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and Conditions Of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. CONTACT - PRODUCER NAME: Melanie Kelly S ervco`Pacific Insurance PHONE EXt:2 6-21 -4 FAc N,):206-260-2903 1100 Dexter Ave. N. E-MAIL Ste 220' ADDREss:certdept(cDservcopacific.com Seattle WA 98109 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A Iravelers INSURED '694 INSURER B:Travelers Indemnity Company 5658 'I BergerABAM INSURER C:Lexington Ins Co 19437 33301 Ninth Avenue South INsuRER'' Suite 300 Federal Way WA 98003 INSURER INSURER'F: COVERAGES CERTIFICATE NUMBER:1060245504 = REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED,NAMED ABOVE FOR THEPOLICY PERIOD I .'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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDDIYYYY MM/DD/YYYY LIMITS A GENERAL LIABILITY Y 680-8264P255 /1/2015 /1/2015 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTE X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occur ence) $1,000,000 CLAIMS-MADE OCCUR MED EXP.(Any one person) $10,000 X Y< $1,000,000 d WA Stop Gap PERSONAL&ADV INJURY I , GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X PRO-JECT LOC $ COMBINED SINM_l70VlT_ B AUTOMOBILE LIABILITY Y BA8269P109 /1/2015 /1/2015 Ea accident 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS` AUTOS $ II NON-OWNED PReOPPEcRdT n DAMAGE x HIRED AUTOS JX AUTOS $ A X UMBRELLA LIAR X- OCCUR Y ZUP-41MO4173-14-NF /1/2014 ,/1/2015 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 IDED X RETENTION$10,000 $ WORKERS COMPENSATION /1 2015 X WC STATU- OTH A UB3903T78A /1/2015 / AND EMPLOYERS'LIABILITY T L I E Y1N ANY.PROPRIETOR/PARTNER/EXECUTIVE E.L.EA CH ACCIDENT $1,000,000 N A OFFICER/MEMBER EXCLUDED? / (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 if yes,E describe under DES CRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Professional Liability 013001562 /1/2014 /1/2015 Per Claim'' $1,000,000 Aggregate $1000,000 Deductible'' $225,000 'i - DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Re:Value Engineering Study for the South 224th Street Overcrossing of SR 167. City of Kent Engineering is included as Additional Insured on General Liability and Automobile Liability Policies per the attached endorsements and Umbrella Liability Policy. General Liability and Automobile Liability Policies are primary and non-contributory per the attached endorsement. 30 days Notice of Cancellation applies. 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 Engineering ACCORDANCE WITH THE POLICY PROVISIONS. Attn:;Nancy Yoshitake 400 West Goble AUTHORIZED REPRESENTATIVE Kent,WA 98032 ©1988-2010 ACORD CORPORATION. All rights`reserved. j ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 6808264P255 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 !il) for this Coverage (section lt): 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 clu de.as an additional insured on thisl Coverage LIABILITY CONDITIONS(Section 1V): Part! but'only with respect to liability for"bodily in- However,if you specifically agree it a"contractor jury "property damage" or "personal injury" agreement requiring insurance"that the insurance caused, in whole or in part, by your acts or omis- provided to an additional insured;under this Cov- siops or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf: primary and non-contdbutory',basis,this insurance fl A In the<pertormance of your ongoing opera- is primary to other insurance that is available to tions; such additional insured which covers such addi- b. In connection with premises owned by or tional Insured as a named insured,and we will not ranted to you;or share with the other insurance,provided that: C. In connection with "your work" and included ('I) The "bodily injury or "property damage" for within "A he "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 assumedliability in aeon- ance still is excess over valid and collectible other tractor agreement. Insurance,whether primary,excess, contingent or The insurance provided to such additional insured on any other basis,that is available to the insured i when' the insured is an additional insured under s limited as follows: d. This i'llnsurance does'not apply on any basis to any other insurance. ,any person or organization for which cover C. The following is added to Paragraph 8. Transfer ia'ge a$ an additional Insured specihcaAy is Of Rights Of Recovery Against,Others To Us addedby another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- a:1. DIT110 6(Section IV): 9 e. This insurance does not apply to the render- We L.waive any rights of recovery we may have lutg of for failure to render any professional against any person or, organization because of services", payments we make for "bodily injury", "property f. The limmits 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 your, or on your behalf, under agreed in that contract or agreement requir- a"c'ontract or agreement requiring insurance"with �� iig InsuranceIf 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 tons 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 tjrgan'lzatlon`entered t Iimits of';insurance stated in the LIMITS OF into,by.you before, and in effect when,the"bodily CG D3 8109 O7 0 2007 The Travelers companies,Inc. Page i of 2 includes the copyrighted material of insurance Services Office,Inc.,with its permission. nay 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- 0. The following definition Is added to IJEFINITIONS jury"is caused by an offense committed: (Section V): a. After you have entered into that contract or r 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. Page 2 of 2 ©2007 The Travelers companies,)no.. CG D3 81 Oil 07 includes the copyrighted material of insurance Services Office,Inc.,with its permission. BA8269P109 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.' BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fled by the endorsement. GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or, limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent`that coverage is excluded or limited by.such an endorsement. The following listing is a general cover- agedescription only.;Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsernent and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FARM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE-INCREASED LIMIT B, BLANKET ADDITIONAL INSURED I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT C. EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS — INCREASED L. ' NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS OR LOSS F. HIRED AUTO — LIMITED WORLDWIDE M, BLANKET WAIVER OF SUBROGATION COVERAGE—INDEMNITY BASIS G. WAIVER QF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED executed by you before the "bodily injury" or The following is added to Paragraph A.1., Who,15 "property damage" occurs' and that is in_effect An Insured of.`SECTION II — LIABILITY COV- during the policy period, to be named as an addi- ERAGE: ' tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance Any organization you newly acquire or form dur- applies and only to the extent that person or or- ing the policy period; over which you maintain ganization qualifies as an "insured" under the 5&o or more ownership interest and that is not Who is An Insured provision contained in Section separately insured for Business Auto Coverage. �I Coverage under this provision is afforded only un- C. EMPLOYEE HIRED AUTO til the 180th day after you acquire or form:the or- gani2atiori:&I the end of the policy period, which- 1. The following is added to Paragraph A.1:, ever is earlier. Who Is An Insured, of SECTION II LI B. BLANKET ADDITIONAL INSURED ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee„ of'yours is an "insured"while WVho Is AP)nsured of SECTION II - LIABILITY operating an auto hired or rented under a COUERAGEr contract or agreement in that "employee's" name,With your permission, while performing Any person;or organization who is required under duties-related to the conduct of your busi- a wntten co ntract or agreement between you and ness. that person or organization, that is signed and CA T3 53 03 10 ©2010 The Travelers Indemnity Company. Pagel of 4 Includes copyrighted material of Insurance Services Office, Inca with its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.S., within such country or jurisdiction, for Liability Other Insurance, of SECTION IV — BUS1- Coverage for any covered "auto" that you NESS AUTO CONDITIONS lease, hire, rent or borrow,without a driver for b. For Hired Auto Physical Damage Cover- a period of 30 days or less and that is not an age; the following are deemed to be cov= "auto" you lease, hire, rent or borrow from ered "autos"you own: any of your"employees", partners (if you are a partnership), members (if you area limited (1) Any covered "auto" you lease, hire, liability.company) or members of their house- rent or borrow; and holds. (2) Any covered "auto" hired or rented by (a) With respect to any claim made or "suit" your "employee" under a contract in brought 'outside the United States of that individual "employee's" name, America the territories and possessions --with your permission,° while perform- of the United States of America, Puerto ing duties related to the, conduct of Rico and Canada: your business. (i) ,You must arrange to defend the "in- However, any"auto" that is leased, hired, sured"against,'and investigate or set- rented.or borrowed with a driver is not a tle any such claim or "suit" and keep covered "auto". us advised of all proceedings and ac- D. EMPLOYEES AS INSURED tions. The following is added to Paragraph A.1., Who Is (ii) Neither you nor any other involved An Insured, of SECTION II — LIABILITY COV- "insured" will make any settlement ERAGE: without our consent. Any "employee" of yours is an "insured" while us- (iii)We may, at our discretion, participate ing a covered "auto"you don't own, hire or borrow in defending the "insured",against, or in your business or your personal affairs. in the settlement of, any claim or LIMITS RY PAYMENTS — INCREASED E. SUPPLEMENTARY (� ' se the "insured" for } iv We will reimburse 1. The following replaces::Paragraph A.2.a.(2}, sums that the "insured" legally must f SECTION II—LIABILITY COVERAGE: pay as damages because of "bodily injury" or''property damage" to which 2 U to $3 000 for cost of bail bonds in- ( } p { this insurance ,applies, that the "in- cluding bonds for related traffic law.viola.- sured" pays with our consent, but tions) required because of an "accident" only up to the limit described in Para- we cover. We do not have to furnish graph C. Limit Of Insurance, of SEC- these bonds. :TION 11-LIABILITY COVERAGE. 2. The following replaces Paragraph A.2',a.(4) (v) We will reimburse the "insured" for of SECTION'll—LIABILITY COVERAGE: the reasonable expenses incurred (4) All reasonable expenses incurred by the with our consent for your investiga- "insured at our request, including ,actual tion of such claims and your defense loss of earnings up to $500 a day be- of the "insured" 'against any such, cause of time off from work, "suit", but only up o and included F. HIRED AUTO LIMITED WORLDWIDE COV- within the Ilrnit described in Para- graph C. Llrrmit� Of Insurance, of SECTION II LIABILITY COVER The following replaces Subparagraph (5) in Para- AGE, and not:in addition to such limit. graph 113.7., Pollcy Period, Coverage Territory, Our duty to make such payments of SECTION IV — BUSINESS AUTO CONDI- ends when we,have`used up the ap- TIONS: plicable limit of insurance in pay- ments for darn9 s es' settlements or (5) Anywhere Jh the world, except any country or jurisdiction while any trade sanction, em- defense expenses., bargo, ',ar similar regulation imposed by the (b) This insurance is excess over any valid United States of America applies to and pro- and collectible other insurance available hibits the transaction of business with or Page 2 of 4 02010 The Travelers Indemnity Company. CA T3 53'03 10 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL AUTO to the "insured" whether primary, excess J. PERSONAL EFFECTS contingent or on any other basis. The following is added to Paragraph AA., Cover- (c), This insurance is not a substitute for re- age Extensions, of SECTION<III — PHYSICAL quired or compulsory insurance in any DAMAGE COVERAGE: country-outside the United States, its ter- Personal Effects ritories and possessions, Puerto Rico and Canada. ,We will pay up to $400 for "loss" to wearing ap= You agree to maintain all required or parel and other personal effects which are: compulsory insurance in any such'coun, (1) Owned by an"insured";`and try up to the minimum Limits,required by (2) In or on your'covered "auto". local law. Your failure to comply with This coverage applies only in the event of a total compulsory insurance requirements will theft of your covered "auto not invalidate the coverage afforded by this policy, but we will only be liable'to the No deductibles apply to this Personal Effects same extent we would have been liable coverage. had you complied with the compulsory in- K. AIRBAGS surance requirements. The following is added to Paragraph B.3., Exclu- (d) It is understood that we are not an admit- lions; of SECTION III PHYSICAL DAMAGE ted or authorized insurer outside the COVERAGE: United States of America its territories ' Exclusion 3.a. does not apply to "loss" to one or Can- and possessions, Puerto Rico and Can- more airbags in a covered auto you own that in- ada. We`assume no responsibility for the „ furnishing of certificates of insurance' or flate due to.a cause other"than a cause of loss set forth in Paragraphs A.1.b.. and A.1.c., but for compliance in any way with the laws of other countries relating to insurance. only: "auto" G. WAIVER OF DEDUCTIBLE—GLASS a. If that auto Is a coveredfor Compre- hensive Coverage under this policy, The following is added to Paragraph D., Deducti- b. The airbags are not covered under any war- ble, of SECTION III' PHYSICAL DAMAGE rarity; and COVERAGE: No deductible for a covered "auto" will apply to c. The airbags were not intentionally inflated. glass damage if the glass is repaired rather than We will pay up to a maximum of $1,000 for any replaced. one"loss" H. HIRED AUTO PHYSICAL DAMAGE LOSS OF L. NOTICE AND KNOWLEDGE OF ACCIDENT OR USE--INCREASED LIMIT, LOSS The following replaces the last sentence of Para- The following is added to Paragraph A.2a., of graph A.4.b., Loss ,Of Use Expenses, of SEC- SECTION IV—BUSINESS AUTO CONDITIONS: TION III—PHYSICAL DAMAGE COVERAGE: Your,duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- for loss of use is $65 per day, to a maximum of plies only when the "accident" or "loss" is known $750 for any one"accident". to: I. PHYSICAL, DAMAGE TRANSPORTATION (aj You {if you are an individual};' EXPENSES—, INCREASED LIMIT (b) A partner(if you are a partnership); The following replaces the first sentence in Para- (c) A'member {if you are a limited liability com= graph; A.4.a., Transportation Expenses, of parry};' SECTION AII PHYSICAL DAMAGE COVER- (d) An executive officer, director or insurance AGE: manager (if you are a corporation or other or- We will pay, up to $50 per day to a maximum of ganization);or $1,500 for temporary'transportation expense in- . (e) Any"employee" authorized by you to give no- curred by you because of the total theft of a cov- tice of the"accident"or'1oss". ered auto"'of the private passenger type. CA T3 53'03 10 ©2010 The Travelers Indemnity Company. Page 3 Of 4 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION such contract. The waiver applies only to the The following replaces Paragraph A.S., Transfer person or organization designated in such Of Rights Of Recovery Against Others To Us contract. of SECTION IV — BUSINESS AUTO CONDl- N. UNINTENTIONAL ERRORS OR OMISSIONS TIONS: The following is added to Paragraph B.2. `Con- S. Transfer Of Rights Of Recovery Against cealment, Misrepresentation,' Or Fraud, of Others To Us SECTION IV—,BUSINESS AUTO CONDITIONS: We waive any right of recovery we may have The unintentional omission of, or unintentional against any person or organization to the ex- error in, any information given by you shall not tent required of you by a written contract prejudice your rights under this insurance. How- signed and executed prior to any "accident" ever this provision does not affect our right to col- or"loss", provided that the"accident"or"loss lect additional premium or exercise our right of arises out of operations contemplated by cancellation or non-renewal. } Page 4 of 4 ©2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance Services office, Inc.with'its permission.