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HomeMy WebLinkAboutPW15-228 - Original - J. A. Brennan Associates PLLC - Upper Russell Road Levee South Reach - 06/19/2015 ��-•. Records M � Remen KENT �, ,� W.,„,„a... Document 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: J.A. Brennan Associates, PLLC Vendor Number: JD Edwards Number Contract Number: i?J'�j; - - ,`, - This is assigned by City Clerk's Office Project Name: Upper Russell Road Levee-South Reach Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 6/19/15 Termination Date: 12/31/15 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Toby Hallock Department: Engineering Contract Amount: $8,977.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Provide the landscape architectural investigation, design, and construction document preparation for the Neely Homestead Rain Garden design project. As of: 08/27/14 ICE e T CONSULTANT SERVICES AGREEMENT between the City of (Cent and J.A. Brennan Associates, PLLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and J.A. Brennan Associates, PLLC organized under the laws of the State of Washington, located and doing business at 100 S King Street, Suite 200, Seattle, WA 98104, Phone: (206) 583-0620/Fax: (206) 583-0623, Contact: Drew Coombs (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: Consultant shall provide the landscape architectural investigation, design, and construction document preparation, for improvements associated with the proposed 12 stall parking area for the Neely Homestead Rain Garden design project. For a detailed description, see Exhibit A which is attached 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 Eight Thousand Nine Hundred Seventy Seven Dollars ($8,977.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. 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 CONSULTANT SERVICES AGREEMENT - 1 (Under$10,000) 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 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT - 2 (Under$10,000) 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 B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. CONSULTANT SERVICES AGREEMENT - 3 (Under.$10,000) XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of CONSULTANT SERVICES AGREEMENT - 4 (Under$10,000) the Exhibits to this Agreement conflict with 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. CONSULTANT: CITY OF KENT: By: / By' t�G' ✓t „ " t �gnature), 1 , ignature) �,..,, ,� y ., Print Na e. � �� � `A' Print Name: Timothy J. LaPorte, P.E Its: r 3 "s=- a �i �� Its: Public Works Director � ,(title) DATE: t iT` z DATE:/ NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Drew Coombs Timothy J. LaPorte, P.E. J.A. Brennan Associates, PLLC City of Kent 100 S King Street, Suite 200 220 Fourth Avenue South Seattle, WA 98104 Kent, WA 98032 i (206) 583-0620 (telephone) (253) 856-5500 (telephone) (206) 583-0623 (facsimile) (253) 856-6500 (facsimile) [tn this field,you may enW the.1ed,N flle,ath where the conlraR has been saved] 1 CONSULTANT SERVICES AGREEMENT - 5 (Under$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 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 aV(ee to fulfill the five requirements referenced above. f For: 1 ' % Jr Date: e 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. i EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A j, a, bre.nnaqssociatesnr,,li May 1,2015 In,ndscape Architects&Planners 100 S.Ding Street,Suite 200,Seattle,WA 98104 Toby Hallock,PE,Engineerff t.206.583-0620 f.206.583.0623 City of Kent www.jabxennan.com Environmental Engineering Public Works Department 220 Fourth Avenue South,I{ent,WA 98032 Re: Landscape Architectural services for the Neely Homestead Rain Garden Dear Mr.Hallock, Thank you for the opportunity to present the following proposal to assist City of Kent Public Works (Client)with landscape architectural consultant services for the Neely Homestead Rain Garden design project, J.A.Brennan Associates,PLLC will provide the landscape architectural investigation,design, and construction document preparation,for improvements associated with the proposed 12 stall parking area. The landscape design will be prepared to 100 %design for the purposes of developing a contract package for incorporation with the in progress levee design project. Design work will include landscape architectural services for grading design limited to the path alignment j improvements from the Levee to the Neely Sentries homestead, associated parking area and proposed rain garden cells(up to two cells)and associated planting design. It is assumed asphalt and concrete paving design and specifications will be by Public Works. .The rain garden sizing for water storage and infiltration rates will be provided by others. Scope of Work Task IA-Project Managementl Contract Administration Work will include attending client review meetings(up to 2), coordinating project schedule, setting up project contract and files,management, and invoicing. Deliverables: None Task 2A-Site Reconnaissance Work will include visiting the site to assess existing site conditions, and meeting with Client. Existing site data and City of Kent Land Use Codes will be reviewed for landscape requirements, and an existing conditions base plan will be prepared using an AutoCad survey provided by the Client. Deliverables: None lil J.A.Brennan Associates,PLLC ] Task 3A-Contract Documents of Path Parking layout and 2 Rain Garden Cells(60%,90%and Final Documents) Worlc in this task includes preparing design documentation for the Neely Homestead Landscape improvements for the purpose of construction.Landscape restoration is limited to the parking area,new path alignment and restored planting area affected by the new levee alignment. JAB will prepare a grading and layout plan of the path alignment,parking and rain garden area.A planting plan of the rain garden area and lawn restoration will be prepared. Seed or lawn restoration will conform to the current levee design requirements.Documents will include plans,details,plant list, and written specification for landscape section only(specs.will be CST format and inserted as an appendix in the Project Manna])to accompany drawing package. A cost estimate will also be prepared, Deliverables; Soo ExhibitA Fee The work described in the Scope of Work above,will be invoiced monthly at the billable rates on the attached Fee Proposal plus reimbursable expenses. The level of effort for each task, and anticipated reimbursable expenses are indicated on Exhibit A-Design Fee Proposal. The fee for the Base Scope of Work will be time and materials and will not exceed$8,827.00 plus $150.00 in reimbursable expenses without prior authorization. For a total design fee of$8,977.00 Schedule Worlc will begin upon receipt of an executed contract. Final design is assumed to be complete by May 15, 2015. Scope Assumptions: 1. The Owner will provide sheet set and surveys in AutoCAD 2010 or higher. JAB will work within the City of Dent CAD standards with coordination and assistance fiom City 2. City of Dent will be responsible for distribution of all documents. 3. Public Works will lead concrete and asphalt paving design and specifications.JAB will coordinate details and callouts are required. 4. The fee is based on the number of drawing sheets identified in Exhibit A.Additional drawing sheets will require additional fee. 5. Coordination or design associated with contaminated soils is not included. 6. J.A.Brennan Associates will not be responsible for working with adjacent landowners. 7. Permit support is not included, and is assumed to be completed for this project. 8. Grading is limited to parking lot area and rain garden cells and assumes sheet flow to rain garden cells. 9. Rain garden cell sizing for storrmwater by others. 10. Drainage structures by others. 11. J.A.Brennan will not prepare or distribute team meeting notes. 12. Construction support is not part of this contract 13. Record drawings are NOT included in the scope fee 14. Sheet set up assumes a full size 22"x34" sheet.Plans may be distributed in 11"x 17"format. 15. Irrigation design is not included. 16. AutoCAD design files will be provided to the client at completion of 100%design. I Y.A. Brannan Associates,PLLC 2 75 5,ii 0 oj� 0 0100 C5 0 C�:C�jo, 00 id C5 0 O�Oio,o cI 0 0 C� C�lc� C� 0 0 016 0 0 0 =,10 lo 0 0 0 C:i 0 0 �1 I- C� C� R C! C� lc� C�oolo lc�C� 4 a;T JJH 1p I rk�o, RI J lzl AV 65 �R N E I < R5 N W,I HA - N 4' 'D N t'Tj- .M- 6 j" IN m0v! u fil ic� it t 0 0 u m L. LL '43 Z, w 0you 0 0 C E 2. =0 5 col "0 0 g 0 - - c ljE! ,, I 0" 0 u U m 0 Zi L9 5 M TA m ll* m w 0 m d d i EXHIBIT INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. S. Minimum Amounts of Insurance I Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000general EXHIBIT B (Continued) aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. I 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. Client#: 328420 JABRENNA ACORD.. CERTIFICATE OF LIABILITY INSURANCE DAT0D/YYYY 5/19/29/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTERTHE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Kibble& Prentice,a USI Co PR PA!C HONE 206 441.6300 : 610.362-8530 IL ,1: AIC No E 601 Union Street,Suite 1000 ADDRESS: PL.CertRequest@kpcom.com Seattle,WA 98101 INSURER(S)AFFORDING COVERAGE NAIC If INSURER A:Phoenix Insurance Company 25623 INSURED INSURER B:Travelers Casualty&Surety CO. 31194 J.A.Brennan Associates,PLLC Travelers Property Cas.Co.of 25674 100 S. King St.,Suite 206 INSURER C: p y it Seattle,WA 98104 INSURER 0: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OFINSURANCE ryggL ypyp POLICY NUMBER POLICY Err POLICY UP LIMITS A GENERAL LIABILITY 6806614P276 03/01/2015 03/01/201 EACH OCCURRENCE $2,000,000 DAMAGET RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence). _ $1,000,000 CLAIMS-MADE OCCUR MED EXP(My one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 ' GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $4,000,000 POLICY X PRO- LOC $ C AUTOMOBILE LIABILITY BA6614P288 3/01/2015 03101/201E EOOMBINED SINGLE LIMIT $1,060,606 X ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE - $ AUTOS PeraccidenI $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ A WORKERS COMPENSATION 6806614P276 3/01/2015 03/01/201C X WCSTATU- OTH- AND EMPLOYERS'LIABILITY TQRY LIMITS E ANY PROPRIETORIPARTNERIEXECUTIVEY/N (WA Stop Gap) ELEACH ACCIDENT $1000,000 OFFICERIMEME N NIA --- --- - -- (MandalorylnNFq E.L.DI5EA5E-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,009000 B Professional 105408190 3/01/2015 03/01/201 C $1,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) '.. RE: Project Name: Neely Homestead Rain Garden project. The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder,only when there is a written contract that requires such status,and only with regard to work performed on behalf of the named insured,The General Liability policy contains a special endorsement with Primary and Noncontributory wording,when required by written contract. CERTIFICATE HOLDER CANCELLATION CityOf Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ,. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:Toby Hallock ACCORDANCE WITH THE POLICY PROVISIONS. Environmental Engineer!ng/Public Works AUTHORIZED REPRESENTATIVE 220 Fourth Avenue S. s Kent WA 98032 �r'T ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 Oft The ACORD name and logo are registered marks of ACORD #S15126280/M14514351 KKUZP This page has been left blank intentionally: i i 6806614P276 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section III) for this Coverage (Section II): Part. Any person or organization that you agree in a B. The following is added to Paragraph a. of 4. "contract or agreement requiring insurance" to in- Other Insurance in COMMERCIAL GENERAL clude as an additional insured on this Coverage LIABILITY CONDITIONS (Section IV); Part, but only with respect to liability for"bodily in- However, if you specifically agree in a"contract or jury", "property damage" or "personal injury" agreement requiring insurance" that the insurance caused, in whole or in part, by your acts or omis- provided to an additional Insured under this Cov- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf: primary and non-contributory basis,this insurance a. In the performance of your ongoing opera- is primary to other Insurance that is available to tions; such additional insured which covers such addi- b. In connection with premises owned by or tional insured as a named insured, and we will not rented to you;or share with the other insurance, provided that: c. In connection with "your work" and included (1) The "bodily injury" or "property damage" for within the "products-completed operations which coverage is sought occurs; and hazard". (2) The "personal injury" for which coverage is Such person or organization does not qualify as sought arises out of an offense committed; an additional insured for "bodily injury", "property after you have entered into that "contract or damage" or "personal injury" for which that per- agreement requiring Insurance". But this insur- son or organization has assumed liability in a con- ante still is excess over valid and collectible other tract or agreement. insurance, whether primary, excess, contingent or The insurance provided to such additional insured on any other basis, that is available to the insured is limited as follows: when the Insured Is an additional insured under d, This insurance does not apply on any basis to any other Insurance. any person or organization for which cover- C. The following is added to Paragraph 8. Transfer age as an additional Insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON. age Part. DITIONS Section IV): e. This Insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services". payments we make for "bodily injury", "property L The limits of insurance afforded to the addi- damage" or "personal injury" arising out of "your tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that "contract or agreement requlr- a"contract or agreement requiring insurance"with ing insurance" to provide for that additional that person or organization. We waive these insured, or the limits shown in the Declara- rights only where you have agreed to do so as lions for this Coverage Part, whichever are part of the"contract or agreement requiring insur- less.This endorsement does not increase the ance" with such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when, the"bodily CG D3 81 09 07 ®2007 The Travelers Companies,Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with Its permission j COMMERCIAL GENERAL LIABILITY Injury" or "properly damage" occurs, or the "per- erage Part, provided that the "bodily injury' and sonal injury"offense is committed. "property damage" occurs, and the "personal In- D. The following definition is added to DEFINITIONS jury" Is caused by an offense committed: (Section V): a, After you have entered into that contract or "Contract or agreement requiring insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to include a person or in effect; and organization as an additional insured on this Cov- c. Before the end of the policy period. Page 2 of 2 ®2007 The Travelers Companies,Inc. CO D3 81 09 07 Includes the copyrighted material of Insurance Services Office,Inc.,with Its permission f' COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS b. The"personal injury"or"advertising injury"for COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sought arises out of an of- (Section IV), Paragraph 4. (Other Insurance), is fense committed amended as follows: subsequent to the signing and execution of that 1. The following is added to Paragraph a. Primary contract or agreement by you. Insurance: 2. The first Subparagraph (2) of Paragraph b. Ex. However, if you specifically agree in a written con- cess Insurance regarding any other primary in- tract or written agreement that the insurance pro- surance available to you is deleted. vided to an additional insured under this 3. The following is added to Paragraph b. Excess Coverage Part must apply on a primary basis, or Insurance, as an additional subparagraph under a primary and non-contributory basis, this insur- Subparagraph (1): ance is primary to other insurance that is avail- That is available to the insured when the insured able to such additional insured which covers such is added as an additional insured under any other additional insured as a named insured, and we policy, including any umbrella or excess policy. will not share with that other insurance, provided that: a. The "bodily injury' or "property damage" for which coverage is sought occurs; and CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc.All rights reserved. Page 1 of 1 COMMERCIAL GENERAL LIABILITY However, this exclusion does not apply to Any payments made under Coverage A for your liability with respect to your conduct of damages and under Coverage C for medical the business of any current or past partner- expenses shall reduce the Per Project Gen- ship or joint venture: eral Aggregate Limit for that "project", but a. That is not shown as a Named Insured in shall not reduce: the Common Policy Declarations, and a. Any other Per Project General Aggregate b. In which you are a member or partner Limit for any other"project"; where each and every one of your co- b. The General Aggregate Limit; or ventures in that joint venture is an archi- c, The Products-Completed Operations Ag- tectural, engineering, or surveying firm. gregate Limit. 2. This Provision P. does not apply to any per- The limits shown in the Declarations for this son or organization for which coverage is ex- Coverage Part for Each Occurrence, Dam- cluded by another endorsement to this Cov- age To Premises Rented To You and Medical erage Part. Expense are also subject to the Per Project 3. The insurance provided by this Provision P. General Aggregate Limit when the Per Pro- shall be excess over any valid and collectible ject General Aggregate Limit applies. other Insurance, whether primary, excess, 3. As used in the Provision Q.: contingent or on any other basis, which is available covering your liability with respect "Project" means an area away from premises to your conduct of the business of any current owned by or rented to you at which you are or past partnership or joint venture that is not performing operations pursuant to a contract shown as a Named Insured in the Common or agreement. For the purposes of determin- Policy Declarations and which Is Issued to ing the applicable aggregate limit of insur- such partnership or joint venture. ance, each "project" that includes premises Q. PER PROJECT GENERAL AGGREGATE LIMIT Involving the same or connecting lots, or premises whose connection is interrupted 1. Paragraph 2. of LIMITS OF INSURANCE only by a street, roadway, waterway or right- (Section III) is deleted and replaced by the of-way of a railroad shall be considered a sin- following: gle"project". The General Aggregate Limit is the most we R. KNOWLEDGE AND NOTICE OF OCCUR- will pay for the sum of: RENCE OR OFFENSE a, Damages under Coverage B; and The following is added to Paragraph 2. Duties In b. Damages from "occurrences" under Cov- The Event of Occurrence, Offense, Claim Or erage A and for all medical expenses Suit of COMMERCIAL GENERAL LIABILITY caused by accidents under Coverage C CONDITIONS (Section IV): which Cannot be attributed only to opera- Notice of an "Occurrence" or of an offense which tions at a single "project", may result in a claim must be given as soon as practicable after knowledge of the "occurrence" 2. The following Is added to LIMITS OF IN- I SURANCE (Section III): or offense has been reported to you, one of your "executive officers" (if you are a corporation), one A separate Per Project General Aggregate of your partners who is an Individual (if you are a Limit applies to each "project" for all sums partnership), one of your managers (if you are a which the insured becomes legally obligated limited liability company), one of your trustees to pay as damages caused by "occurrences" who is an individual (If you are a trust), or an under Coverage A and for all medical ex- "employee" (such as an insurance, loss control or penses caused by accidents under Coverage risk manager or administrator) designated by you C which can be attributed only to operations to give such notice. at a single "project", and that limit is equal to the amount of the General Aggregate Limit Knowledge by any other"employee"of an "occur- shown in the Declarations for this Coverage rence" or offense does not imply that you also Part have such knowledge. Page 6 of 8 0 2007 The Travelers Companies,Inc. CG D3 79 09 07 i I BA6614P288 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS 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 Forrri,apply unless mod!- tied by the endorsement. - GENERAL DESCRIPTION OF COVERAGE s:Thls endorsement broadens coverage However,'coverage for any Injury, damage or medical expenses descnbed tn.any of the provislo s of this endorsement may be excluded or limited,by another endorseme t to'fhe Cole age Part, and these cove`r'age broadening provislons'do not apply to the extent.that coverage is excluded or limited by such an endorsement:The following listing is a general cover- age desc iptwn only Limitations a jd ei elusions may apply to these coverages:Read all the provislons of this an- dorsemenfand the rest of your policy carefully to determine nghts;°duties,and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO,' VISUAL`'`ANO bATA ELECTRONIC B PLO EMYEE HIRED AUTO EQUIPMENT—INC,REASED IT C EMPLOYEESASINSURED L' WAIVER OF DEDUCTIBLE-GLAS§ D. SUPPLEMENTARY PAYMENTS INCREASED J. PERSONAL EFF­11ECTS - LIMITS K. AIRBAGS E. TRAILERS INCREASEi -ID LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE' M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAI TRANSPORTATION EXPENSES-INCREASED LIMIT< . A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The follow: g is added to Paragraph A.9..Who Is your business. An Insured, of SECTION II LIABILITY COV• 2r The.following replaces Paragraph bi'in B.5., ERAGEi 0 thee.Insurande .of SECTION IV - BUSI- Any person or organization who requlred under NE5S AUTO CONDITIONS: is a written con tracf'or agreement between you and b. For Hired Auto Physical Damage Cover- that, Person'or organization, that is signed and age,the following are;deemed to be cov- executed by you`before the, bodily,injury" or ered"autos"you own: ,, 'property damage" occurs and that.is'in effect (1) Any covered auto" you lease, hire, during the policy period to be named as an addi- rent ofborrow; and tional insureds an 'Insured":for LiabilltyCover- age, but only for damages to which this insurance (2) Any covered auto'hired or rented by applies and only to the extent that person or or- your "employee under a contract in gahization qualifies as an "insured" under the that Individual. :employee's" 'name, Who Is An Insured provision contained In Section with your permission, wtille perfonn- II. ing duties'related to the'Conduct of B. EMPLOYEE HIRED AUTO your business. 1. The following is added to Paragraph A.1., However, any auto"that is leased, hired, Who'is An Insured, of SECTION fl — LI- rented or borrowed with a driver is not a ABILITY COVERAGE: ` covered"auto". C. EMPLOYEES AS INSURED An "employee" of yours is an"insured" while operating a covered "auto hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in that "em_ An Insured, of SECTION 11 - LIABILITY COV- ployee's" name, with your permission, while ERAGE: CA T4 20 07 10 02010 The Travelers Indemnity Company.NI rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.with Its permission. !! COMMERCIAL AUTO Any"employee"of yours is an "Insured"while us- (3) If a repair or replacement results In better ing a covered"auto"you don't own, hire or borrow than like kind or quality,we will not pay for the in your business or your personal affairs, amount of betterment. D. SUPPLEMENTARY PAYMENTS — INCREASED (4) A deductible equal to the highest Physical LIMITS Damage deductible applicable to any owned 1. The following replaces Paragraph A.2.a.(2)of covered"auto". SECTION II—LIABILITY COVERAGE: (5) This Coverage Extension does not apply to: (2). Up to $3,OOD for cost of bail bonds (in- (a) Any '.auto' that' is hired, rented or bor- cluding bonds for related traffic lain viola- rowed with a driver,or lions)required because of an "accident" (b) Any "auto" that is hired, rented or bor- we'coger. We do not have to furnish rowed from your"employee". these bonds. G. PHYSICAL D.AMAGE., TRANSPORTATION 2. The following replaces Paragraph A.2.a.(4)of EXPENSES-1 NCREASED LIMIT SECTIONJI-LIABILITY COVERAGE; The following replaces the first sentence in Para- (4) All reasonable expenses incurred by the graph A.4.a., Transportation Expenses, of "Insured" at our request, Including actual SECTION III — PHYSICAL DAMAGE COVER- loss of earnings up to $500 a day be- AGE: cause of time off from work. E. TRAILERS-INCREASED LOAD CAPACITY We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in The following replaces Paragraph C.I. of SEC- curved by you because of the total theft of a cov- TION I—COVERED AUTOS: ered"auto"of the private passenger type. 1. "Trailers" with a load capacity, of 3,000 H. AUDIO,., VISUAL AND , DATA ELECTRONIC pounds or less designed primarily for travel EQUIPMENT=INCREASED LIMIT on public roads. Paragraph C.2.. Limit Of Insurance, of SEC- F. HIRED AUTO PHYSICAL DAMAGE TION 111 — PHYSICAL DAMAGE COVERAGE is The following is added to Paragraph AA., Cover- deleted. age.Extienslonsr of.SECTION III — PHYSICAL 1. WAIVER OF DEDUCTIBLE—GLASS DAMAGE COVERAGE: The following is added to Paragraph D., Deduct!- Hired Auto Physical Damage Coverage bte,'.of SECTION III — PHYSICAL DAMAGE If hired autos" are covered "autos" for Liability COVERAGE: Coveraga:.but not covered "autos" for Physical No deductible for a covered "auto" will apply to Damage Coyerage, and this policy also provides glass damage if the glass Is repaired rather than Physical Damage Coverage for an owned "auto", replaced. then the Physical Damage Coverage is extended J. PERSONAL EFFECTS to "autos"that you hire, rent or borrow subject to The following is added to Paragraph A.4., Cover- the following: 1 The most we will pay for "loss" in an one age Eiitensions; of SECTION III — PHYSICAL O y DAMAGE COVERAGE: "accident' to a hired, rented or borrowed "auto"is the lesserof., Personal Effects Coverage (a) $50,000; We will pay up to $400 for "loss"to wearing ap- (b) The actual cash value of the damaged or Pavel and other personal effects which are: stolen property as of the time of the (1) Owned by an"insured";and "loss";or (2) In or on your covered"autd'. (c) The cost of repairing or replacing the This Coverage only applies in the event of a total damaged or stolen property with other theft of your covered"auto". property of like kind and quality. No deductibles apply to Personal Effects cover- (2) An adjustment for.depreciation and physical age. condition will be made In determining actual cash value in the event of a total"loss". I Page 2 of 3 02010 The Travelers Indemnity Company.All rights reserved. CA T4 20 07 10 Includes copyrighted material of Insurance services Office,Inc.with Its permission. i COMMERCIAL AUTO K, AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III — PHYSICAL DAMAGE time of the"loss"; COVERAGE: (b) Financial penalties imposed under a Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered"auto"you own that in- and tear or high mileage; flats due to a cause other than a cause of"loss" (c) Security deposits not returned by the les- set forth in Paragraphs A.1.b. and A.1.c., but sor; only: a. If that"auto" is a covered "auto"for Compre- (d) Costs for extended warranties,Credit Life hensive Coverage under this policy; Insurance, Health; Accident or Disability Insurance purchased with the loan or b. The airbags are not covered under any war- lease;and ranty;and (a) Carry-over balances from previous loans c. The airbags were not intentionally inflated. or leases, We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATION one"loss". The following replaces Paragraph A.S., Transfer L. AUTO LOAN LEASE GAP Of Rights Of Recovery Against Others To Us, BUSINESS AUTO CONDI f SECTION IV -— The following is added to Paragraph AA., Cover- o i age Extensions, of SECTION III — PHYSICAL TIONS: DAMAGECOVERAGE: S. Transfer Of Rights Of Recovery Against Auto Loan Lease Gap Coverage for Private Others To Us Passenger Type Vehicles We waive any right of recovery we may have In the event of a total"loss"to a covered"auto"of against any person or organization to the ex- the private passenger type shown In the Schedule tent required of you by a written contract axe- or Declarations for which Physical Damage Cov- cuted prior to any "accident" or "loss", pro- erage is provided, we will pay any unpaid amount vided that the"accident"or"loss' arises out of due on the lease or loan for such Covered "auto" the operations contemplated by such son- less the following; tract.The waiver applies only to the person or (1) The amount paid under the Physical Damage organization designated in such contract. Coverage Section of the policy for that"auto"; and i i CA T4 20 07 10 02010 The Travelers Indemnity Company.All fights reserved. Page 3 of 3 II�, Includes copyrighted material of Insurance Services Office,Inc.wish!Is permission. i