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HomeMy WebLinkAboutPW15-260 - Original - Otak, Inc. - Pacific Highway S Median Planting - 07/29/2015 i Records M ,naemer�` t KENT Document Wn..I NGl'ON 5 t 5 x CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Otak, Inc. Vendor Number: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name:- Pacific Highway S. Median Planting _ Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 7/29/15 Termination Date: 12/31/15 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Howlett Department: Engineering Contract Amount: $15,500.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Review the conceptual planting plan and prepare a detailed planting plan and irrigation design for the project. As of: 08/27/14 KETIT CONSULTANT SERVICES AGREEMENT between the City of Kent and Otak, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Otak, Inc. organized under the laws of the State of Washington, located and doing business at 11241 Willows Rd, NE, Suite 200, Redmond, WA 98052, Phone: (425) 822-4446/Fax: (425) 827-9577, Contact: Chad Weiser (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall assist with the Pacific Highway S. Median Planting project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2015. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Fifteen Thousand, Five Hundred Dollars ($15,500.00), 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 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: CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) i A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. 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, 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 CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) 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 Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and 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 CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) 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 j 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. 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. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. 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. K. Counterparts and Signatures b�Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. it CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: ------� e By: L " -''! Print Name: Print Name: Timothy J. LaPorte, P.E. Its: Its: Pyblic Works Director titlepp DATE: DATE; 1� 712 P.%j NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Chad Weiser Timothy J. LaPorte, P.E. Otak, Inc. City of Kent 11241 Willows Rd., Suite 200 220 Fourth Avenue South Redmond, WA 980S2 Kent, WA 98032 (425) 822-4446 (telephone) (253) 856-5000 (telephone) (425) 827-9577 (facsimile) _- 253 856-6500.(facsimile) Otak-Paz Im,Medians/MovJett I CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) 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. I 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: /7�j_ For: L a e• Title: fViC/i Date: EEO COMPLIANCE DOCUMENTS - 1 j + CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A Scope of Work June 29, 2015 Pacific Highway South Median Planting Project Purpose The City of Kent is rehabilitating their traffic islands along Pacific Highway South, This work will include the excavation of material;installation of suitable soil,irrigation system, plantings and decorative rock noses.Kent is requesting that Otak review the conceptual planting plan and prepare a detailed planting plan and irrigation design for the extent of the project. Otak will prepare construction documents for planting and irrigation including drawings and specifications for packaging with the City of Kent engineering construction documents. Scope of Work Task 1.0 Overall Design Review/l<icicoff Otak will have a kickoff meeting and irdtial design review with City of Kent staff to understand the conceptual planting plan and current design intent for the project. Otak will then fully review the plans and provide comments to City of Kent staff. These plans will be provided to Otak in pdf form. The review will focus on plant species selection, spacing and approach to irrigation design. Otak will also make a site visit to fully understand the project context. Otak will provide design review notes and comments on the plan set in the form of a pdf. Delioaable.r. Kickoff weetiwg Deeigu review tows and comvnents Task 1.0— Hourly Labor Allowance (NTE) $2,000 Task 2.0 Draft and Final Construction Documents Otak will prepare draft and final construction documents for landscape plantings and irrigation for the Pacific Ilighway South Median project. The construction doctuents will include landscape planting plans and detail drawings,irrigation plans and detail draw ngs,and draft special provisions to the WSDo,r Standard Specifications. Otak will also prepare a draft construction cost estimate to confirm consistency with construction funds. The draft COeStf Ucuton documents will be an approximate 90%level of design. The draft construction documents will be provided to the City staff for review and continent.It is assumed this task will require one (1) in-person meeting with City staff to review comments. Otak will then address City comments on the 90%package and any permitting comments from the City and prepate final construction documents. The construction documents will include drawings and final special provisions to the XXtSDOT Standard Specifications. Otak will also prepare a final construction cost estimate for landscape project elements, It is assumed this portion of the task will not require meetings with City staff. City of Ke 7 ( Pacific Highivay Soilth Adediatt Platvtilvg 1 otal< K\ymjcdV724U0\52i74VCORCtBtt\PacHighwaySoutliSropco[Wock062515.dacx Scope of Work Continued Doliperablesr Draft 90% Co7rstntction Docaments(Dratynrgs and Specifications) Draft 90% Construction Cori Fstimate Final Conslmr ioa Docaments a)ramings and Specifications) FinaiConsiracdion CostErsnwate Task 2.0— Hourly Labor Allowance (NTE) $9,500 Task 3,0 Construction Administration Otak will provide construction administration support from contractor bidding through substantial completion of construction. Otak will support with bidding questions,bid evaluation,attend the pre-construction meeting, attend construction meetings,review requests for information (RFI's),review submittals,make site visits/inspections,prepare field reports,prepare punchlists,and assist with project closeout. For the purposes of budgeting, the following assumptions have been made. Otak will: • Address bid questions which ate technical in nature regarding landscape planting • Attend the pre-construction meeting with one representative • Attend up to two (2) construction mcetings with one representative • Review up to 5 RFIs during construction • Review up to 5 submittals • Make up to two (2) site visits unassociated with construction meetings • Prepare field reports for each site visit • Prepare one (1) punchlist Deliverables.• BidoQnes2ioa Responses Bid Evalimtion Comments RrT Responses Submittal Responses Site Vhtt Fietel Reports Pnerblist Task 3.0— Hourly Labor Allowance (NTE) $4,000 Total Hourly Labor Allowance (NTE) $15,500 Compensation As compensation for the performance of the services described above, Otak will be reimbursed by City of Kent on a time and materials basis to a not-to-exceed contract amount. In house reimbursable expenses for all tasks will he invoiced on a cost plus ten percent (10%) basis.Any out-of-house direct costs will be invoiced at cost plus ten percent (10%).An hourly rate schedule for each anticipated labor category has been attached as reference. Tnvoices will be sent monthly in a format acceptable to the Client. Otak agrees to inform the Client if the Scope of Work extends beyond that which is currently contracted City of Kent— Pacific Highutay South Median Planting 2 otak K:\projcci\32400\32474\Conrncr\PacHip,hwaySouthScopcOAVoxkU62915.doex i Scope of Work Continued prior to performing the work. Otak will require written approval before completing work in addition to the estimated time and materials allowance presented in this proposal. j Schedule We will work with the City of Kent to establish submittal dates on a task-by-task basis. Assumptions 'Phis proposal and Otales agreement to perform said services is based upon the Following assumptions: 1. The Client shall furnish basic information,prepared or obtained by others,which is pertinent to the services contained in this proposal including design level topographic mapping of all areas within the project scope of work.This data will be provided in an AutoCad format version 2010 or more current. 2. The Client will prepare and submit all application forms for required permits including City of Kent construction permits. 3. Any additional streetseape features or amenities identified during Task 1.0 which require design services provided by Otak will be contracted under a separate approved contract amendment for final design. d. There will be no public involvement meetings associated with this scope of work. 5. The Client shall provide access and make all provisions necessary to enter public and private property as required to perform setvices covered by this proposal. 6. Technical review of engineering elements such as paving,grading, drainage, or structural elements arc not included. 7. The project does not include any permanent lighting design by Otak. S. No cavil, structural,soils, or stormwater engineering services will be provided by Otak. 9. Preparation of as-bunts are not part of this scope,but may be added by request. 10, The Client will provide geotechnical information and soil sample tests to guide understanding of existing soil conditions. City of Kent Pacific Highway S o v t h Median Planting li 3 otak K:\project\92400\92474\Con",ct\PaeFlighwaySovth$cnpeOftOorIA(29Lidocx Exhibit B Otak, Inc. Bill Rate Schedule Bill Rates Sr. PIC/Sr. PM LA/Mst Pln $209 PIC/Sr.PM LA/Master Plan $159 Landscape Architect V $115 Landscape Architect IV $105 Landscape Architect III $100 Landscape Architect II $87 Landscape Architect $80 Landscape"Technician III $74 Landscape Technician II $69 Landscape Technician I $62 Urban Designer V $159 Urban Designer IV $140 Urban Designer II $111 PIC/Sr. PM Planner/Civil $185 j Sr Proj. Mgr. -Planner I $149 Planner I11 $123 PlannerIl $97 Planner $79 Planner Associate III $70 Planner Associate 11 $63 Planner Associate I $61 Sr. GSS Specialist Plannr $89 GIS Specialist-Planner $76 Contract Admin $81 Project Admin. Asst $68 All other direct costs and subconsultants will be charged at cost plus ten percent (10%). K:\project\32400\32474\Contract\Rxliibit B Bill Rates.docx EXHIBIT R 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. 1 A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance 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, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. i EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1, The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M, Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Ac a CERTIFICATE ®F LIABILITY INSURANCE �1zi/zols) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain 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 Peggy MacMillan NAME JD Fulwiler & Co. Insurance, Inc. PHONE (503)293-8325 FAC No (503)293-5916 5727 SW Macadam Ave AIL ADDRESS:pmacmillan@ jdfulwiler.com PO BOX 69508 INSURERS AFFORDING COVERAGE NAICN Portland OR 97239 INSURERA:Travelers IndemnitV CO of CT 25682 INSURED INSURERB:Travelers Indemnity Cc of CT 25682 Otak Inc. INSURERC:Travelers Indemnity Cc of Am 25666 808 SW 3rd Ave Ste 300 INSURER D Beazle Insurance Compariv Inc INSURER E:SAIF Portland OR 97204 INSURER F: COVERAGES CERTIFICATE NUMBER:14/15 WA Gen USE REVISIONNUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I�TR TYPE OF INSURANCE INSR WVDSUBR POLICY NUMBER MMIDD/YVYY MMIDDYIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 RE X COMMERCIAL GENERAL LIABILITY PREM SESOE.oNcuresnce $ 300,000 A CLAIMS-MADE OCCUR 6801497P251 12/9/2014 12/9/2015 MED EXP(Any one person) $ 5,000 X WA Stop Gap PERSONAL&ADV INJURY ks 1,000,000 GENERAL AGGREGATE 2,000,000GEN'LAGGREGATE LIMITAPPLIES PER: PRODUCTS-COMP/OP AGG2,000,000XPOLICY JECTPRO LOC AUTOMOBILE LIABILITY pO."dEU1SINGLE LIMIT1 000 000B X ANY AUTO BODILY INJURY(Perperson)ALL OWNED SCHEDULED A1502PB92 12/9/2014 12/9/2015 BODILY INJURY(Per accident) AUTOS AUTOS X HIRED AUTOS X AUTOS NON-OWNED (Per accident)DAMAGE $ Towin $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 10,000,000 C.• EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 X 10,00 UP5C8570811247 12/9/2014 12/9/2015 DIED RETENTION$ $ II li`, WORKERS COMPENSATION •,FpREGON+I X WCSTATU-T'F OTH- ANDEMPLOVERS'LIABILITY 4/1/2015 4/1/2016 ANY PROPRIETOR/PARTNERIEXECUTIVE� 487431 - OTAK Inc NIA E.L.EACH ACCIDENT $ 1 000 000 OFFICER/MEMBER EXCLUDED'.+ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 D A&E Prof'l w/Pollution 10267140601 12/9/2014 2/9/2015 LimA Per Claim/Agg $2m/$4m (Umbrella does not apply) Dem,amle $200,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Addltlonal Remarks Schedule,If more space is required) RE: Pacific Hwy S Meridian; Excepting Professional Liability and Workers Compensation, the City of Kent is included as an additional insured with regard to operations of the named insured in accordance with policy terms, conditions and exclusions per attached form CGD3810907; Separation of insureds per attached form CG0001; CERTIFICATE HOLDER CANCELLATION (253) 856-6500 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South Kent, WA 98032 AUTHORIZED REPRESENTATIVE s P MacMillan/TMAYDA ;yGZ! �(Gj�L ACORD 25(2010/05) 91988-2010 ACORD CORPORATION. All rights reserved. INS025rgn1nn51nt The Acnitn nama anH Innn ara ranictarod mar4a nr Amon 6801497P251 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURE® (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 11): 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 omits- 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 B. Transfer age as an additional insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part. DITIONS (Section IV): e. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services". payments we make for "bodily injury", "property f. The limits of insurance afforded to the addl- damage" or "personal injury" arising out of "your tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed In that "contract or agreement requir- a "contract or agreement requiring insurance"with ing insurance" to provide for that additional that person or organization. We waive these insured, or the limits shown in the Declara- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the "contract or agreement requiring insur- less. This endorsement does not increase the ante" with such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when, the "bodily CG D3 81 09 07 ©2007 The Travelers Companies,Inc. Page t of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORD Various provisions in this policy restrict coverage. (1) The "bodily injury" or "property damage" Read the entire policy carefully to determine rights, is caused by an "occurrence" that takes duties and what is and is not covered. place in the"coverage territory"; Throughout this policy the words "you" and "your" (2) 'rho "bodily injury" or "property damage" refer to the Named Insured shown In the Declarations, occurs during the policy period; and and any other person or organization qualifying as a (3) Prior to the policy period, no insured Named Insured under this policy. The words "we", listed under Paragraph 1. of Section II — I us' and our' refer to the company providing this Who Is An Insured and no "employee" insurance. authorized by you to give or receive no- Tire ward "insured" means any person or organization tice of an "occurrence" or claim, knew qualifying as such under Section 11 — Who Is An that the "bodily injury" or "property dam- Insured. age" had occurred, in whole or in part. If Other words and phrases that appear in quotation such a listed insured or authorized "em- marks have special meaning. Refer to Section V — ployee" knew, prior to the policy period, Definitions. that the "bodily injury" or "property dam- age" occurred, then any continuation, SECTIONI--COVERAGES change or resumption of such "bodily In- COVERAGE A BODILY INJURY AND PROPERTY jury" or"property damage"during or after DAMAGE LIABILITY the policy period will be deemed to have 1. Insuring Agreement been known prior to the policy period. a. We will pay those sums that the Insured be- r. "Bodily injury" or "property damage" which comes legally obligated to pay as damages occurs during the policy period and was not, because of "bodily injury" or "property dam- prior to the policy period, known to have oc- age to which this insurance applies. We will curred by any insured listed under Paragraph have the right and duty to defend the Insured 1. of Section If —Who Is An Insured or any �— against any "suit" seeking those, damages. "employee" authorized by you to give or re- s However, we will have no duty to defend the calve notice of an "occurrence" or claim, In- ,= insured against any "suit" seeking damages cludes any continuation, change or resump- for "bodily injury" or "property damage" to tion of that "bodily injury" or "property o= which this insurance does not apply.We may, damage"after the end of the policy period, at our discretion, investigate any"occurrence" d. "Bodily Injury" or "property damage" will be and settle any claim or"suit"that may result. deemed to have been known to have oc- '— But: curved at the earliest time when any insured listed under Paragraph(1} The amount we will pay for damages is g ph 1. of Section 11—Who limited as described in Section III—Limits Is An Insured or any "employee" authorized Of Insurance; and by you to give or receive notice of an "occur- m (2) Our right and duty to defend ends when rence"or claim: " we have used up the applicable limit of (1) Reports all, or any part, of the "bodily in- Insurance in the payment of judgments or jury" or "property damage" to as or any settlements under Coverages A or B or other insurer; medical expenses under Coverage C. (2) Receives a written or verbal demand or No other obligation or liability to pay sums or claim for damages because of the "bodily perform acts or services is covered unless injury or"property damage"; or explicitly provided for under Supplementary (3) Becomes aware by any other means that Payments—CoveragesAandB. "bodily injury" or "property damage" has b, This insurance applies to "bodily injury" and occurred or has begun to occur. "property damage" only if: i CG 00 01 10 01 P ISO Properties Inc.,2000 Page 1 of 16 007438 '... I GOMMERCIAL GENERAL LIABILITY i , provided the insured's responslbillty to pay dam- damage" to a third person or organization. ages is determined in a "suit" on the merits, in the Tort liability means a liability that would be territory described In a. above or in a settlement imposed by law in the absence of any con- 1 we agree to. tract or agreement. 5. "Employee" includes a "leased workeW'. "E_m- Paragraph C does not include that part of any ployee"does not Include a"temporary worker", contract or agreement: s, "Executive officer" means a person holding any of (1) That Indemnifies a railroad for"bodily in- the officer positions created by your charter, con- jury" or "property damage" arising out of stitufon, by-laws or any other similar governing construction or demolition operations, document, within 50 feet of any railroad property and 7. "Hostile fire" means one which becomes uncon_ affecting any railroad bridge or trestle, troliabie or breaks out from where it was intended tracks, road-beds, tunnel, underpass or j to be. crossing; 8. "Impaired property" means tangible property, (2) That indemnifies an architect, engineer or other than "your product" or "your work", that surveyor for injury or damage arising out cannot be used or is less useful because: of: a. It incorporates "your product" or "your work" (a) Preparing, approving, or failing to that is known or thought to be defective, deft- prepare or approve, maps, shop cient, inadequate or dangerous; or drawings, opinions, reports, surveys, b. You have failed to fulfill the terms of a can- field orders, change orders or draw- ings and specifications; or tract or agreement; (h) Giving directions or instructions, or If such property can be restored to use by: failing to give them, if that is the prl- a. The repair, replacement, adjustment or re- Maly cause of the injury or damage; moval of"your product"or"your work"; or or b. Your fulfilling the terms of the contract or (3) Under which the Insured, if en architect, agreement. engineer or surveyor, assumes liability for U "Insured contract"means: an injury or damage arising out of the in- \J sured's rendering or failure to render pro- ,^ a. A contract for a lease of premises. However, fessional services, including those listed ,= That portion of the contract for a lease of in (2) above and supervisory, inspection, premises That Indemnifies any person or or- architectural or engineering activities. ganization for damage by fire to premises �= while rented to you or temporarily occupied 10. "Leased worker" means a person leased to you by you with permission of the owner is not an by a labor leasing firm under an agreement be- "insured contract"; tween you and the tabor leasing firm, to peiYonn oc duties related to the conduct of your business. b. A sidetrack agreement; "Leased worker" does not include a "temporary c. Any easement or license agreement, except worker". in connection with construction or demolition 11. "Loading or unloading" means the handling of operations on or within 50 feet of a railroad; property: d. An obligation, as required by ordinance,to in- a. After it is moved from the place where It is demnify a municipality, except in connection accepted for movement Into or onto an air- with work for a municipality; craft,watercraft or"auto' e. An elevator maintenance agreement; b. While it is in or on an aircraft, watercraft or f. That part of any other contract or agreement "auto"; or pertaining to your business (Including an in- c. While it is being moved from an aircraft, wa- demnification of a municipality in connection tercraft or,"auto"to the place where It Is finally With work performed for a municipality) under delivered; which you assume the tort liability of another party to pay for "bodily Injury" or "property but "loading or unloading" does not include the movement of property by means of a mechanical CG 00 01 10 01 p ISO properties Inc.,2000 Page 13 of 16 W1442 DA1502PS92 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED I This endorsement modifies,insurance.provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER'COVERAGE FORM TRUCKERS COVERAGE FORM With respoct'to coverage provided by this.endorse- a written contract or agreement that: is signed and ment; the .provisions of the Coverage Form apply executed by you.before the"bodily Injury" or property unless.rriodlfled by the endorsement,, damage" occurs and that is in effect during the policy The following:Is'added'10 the Section..11 — Liability period is an "insured"'for Liability Coverage, but only j Coverage; Paragraph'AA. Who Is An. nsured Pro- for damages to which this insurance applies and only to the extent that person or:organization qualiFles as vision: an "Insured" under the Who Is An Insured provision Any person or organization that you are required.to contained In Section ll, Include as additional Insured on the Coverage:Form In Li i i � I m b.r a" b—� o� I R l! CA T4 37 08 Ott 0200s The Travelers CenlPanles,Ine. Page 1 of 1 "0a664 I