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HomeMy WebLinkAboutPW16-274 - Original - Shannon & Wilson, Inc. - Contract - 06/27/16 r//it�rur r rr r o � 4 �.// vG.. n"" o G�l rll�r'✓'G/�i/ rf r Lr �/ RU----- c0--- rds � � lrs i� y KENT WASH VMGTQ?M Document R 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: Shannon & Wilson, Inc. Vendor Number: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: S. 2281" St. UPRR Grade Separation Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment Contract ❑ Other: Contract Effective mate: 6/ 7/16 Termination mate: 12/31/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Susanne Smith Department: Engineering Contract Amount: �?14,600.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Participate in a Value Engineering study for the projects .----- ------- As of: 08/27/14 KENT W.5 H 0,0 N CONSULTANT SERVICES AGREEMENT between the City of Kent and Shannon & Wilson, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Shannon & Wilson, Inc. organized under the laws of the State of Washington, located and doing business at 400 N. 34th St., Suite 100, Seattle, WA 98103, Phone: (800) 833- 6388/Fax: (206) 695-6777, Contact: Robert Mitchell (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall participate in a Value Engineering Study for the S. 228th St. UPRR Grade Separation 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, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Fourteen Thousand, Six Hundred Dollars ($14,600.00), 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) ^ A. The Consultant has the ability to control and direct the performance and details V[ 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 |DcVrne 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 invoKved 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 ofRevenae. E. The Consultant has registered its business and established an account with the state Department ofRevenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State ofWashington. F. The Consultant maintains a set ofbooks 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 C|ty'S use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure tVthe 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 ofthe 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. �I�. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, (offitcials, emp|oyees/ ogmnts ond vo|unteens harn|ess fron eny and a|| claims,ne, injuries, damageo, |Vsses or p n� u| dimg all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except forth t 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 RCVV 4.24.115/ then/ in the event of liability for damages arising out ofbodily injury to persons ordamages 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 ($2O,DOOorLess) t t 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 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 and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. 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. CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) K. Counterparts and Signatures by- 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. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTA7 CITY OF KENT: By: By (s nat (si nature) Print Name: " $ Print Name: Timothy 1. LaPorte, P.E. Its: aZL Its: Public Works Director glue) DATE: 0 L13/i b DATE: AV NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT, Robert Mitchell Timothy J. LaPorte, P.E. Shannon & Wilson, Inc. City of Kent PO Box 300303 220 Fourth Avenue South Seattle, WA 98103 Kent, WA 98032 (800) 833-6388 (telephone) (253) 856-5500 (telephone) (206) 695-6777 (facsimile) (253) 856-6500 (facsimile) Shannon&Wilson-228"'UPRR VE/Smith 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. 1 have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For:. Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A ALASKA CALIFORNIA COLORADO NON IL , INC.. MISSOURI OREGON RNEW GEOTE_CH141CAL AND ENVIRONMENTAL CONSULTANTS WASHNGTON WISCONSIN May 25,2016 Mr. Mark Madfai Public Works Engineering City of Kent 220 Fourth Ave South Kent, WA 98032 RE: PROPOSAL FOR GEOTECHNICAL VALUE ENGINEERING SERVICES, SOUTH 228TH STREET UNION PACIFIC GRADE SEPARATION PROJECT, KENT,WASHINGTON Dear Mr.Madfai: We are pleased to submit this proposal for geotechnical value engineering services for the South 228`I' Street Union Pacific Grade Separation project in Kent,Washington. This letter proposal presents our general understanding of the project,proposed scope of services, estimated fee, and schedule. PROJECT DESCRIPTION The City of Kent project will provide a grade separation between the Union Pacific Railroad (UPRR) tracks at South 228th Street with an elevated railroad over-crossing. The purpose of the project is to improve traffic flow on South 2281h Street and in the region in response to the significant increase in UPRR train traffic. A multi-span bridge and fill approach embankments will be required to construct the grade separation. SCOPE OF SERVICES The purpose of this scope of services is to provide geotechnical value engineering services related to the proposed South 228th Street Union Pacific grade separation project. We propose the following scope of services that includes document review,meeting attendance, and preparation of review comments. Document Review: Review geotechnical aspects provided in available project geotechnical data reports, engineering reports, and project plans and specifications. 400 NORTH 34"'STREET—SUITE 100 PO BOX 300303 SEATTLE,WA 98103 206-632-8020 FAX 206-695-6777 TDD: 1-800-833-6388 21-2-62803-001 www.shannonwilson.com } SHANNON WILSON,INC. Mr. Mark Madfai City of Kent Public Works May 25,2016 Page 2 of 3 E Value Engineering Meeting Attendance: Attend a three day value engineering meeting in Kent, Washington. For the purposes of developing our fee estimate,we assume the three day value engineering meeting will consist of three 8 hour days plus travel time. Mr. Robert Mitchell will attend the value engineering meeting; the resume for Mr. Mitchell is attached. a Value Engineering Letter Report Prepara#ion: Based on the discussions and presentations at value engineering meeting,we would provide a letter report that documents our geotechnicaI-related comments provided during the value engineering meeting. FEE ESTIMATE AND SCHEDULE We are prepared to provide the above services on a time-and-expense basis to the budgetary maximum of$14,600. A breakdown of the effort to complete the above scope of services is shown in Table 1. The budget includes effort for document review,meeting attendance,letter report preparation,travel time, invoicing,travel expenses,and project management. We are prepared to begin the review and attend the value engineering meeting upon receipt of your written notice to proceed. We understand the value engineering meeting would occur between June 14 and 16,2016. CLOSURE We appreciate the opportunity to submit this proposal and look forward to working with you on this project. Our fee and the terms and conditions under which our services are offered will be in accordance with the enclosed Standard General Terms and Conditions. Please sign in the space provided and return a copy of this letter,which will then serve as an agreement between us. Shannon & Wilson,Inc. has prepared the enclosed"Important Information About Your Geotechnical/Environmental Proposal"to assist you and others in understanding the use and limitations of our proposals. 21-2-62803-001 SHAlEiNON OVIL SON,INC:. Mr. Mark Mad£ai City of Kent Public Works May 25, 2016 Page 3 of 3 Sincerely, SHANNON& WILSON,INC. Robert A. Mitchell,P.E. Vice President RAM/ram Enc: Table I Labor Effort and Cost Breakdown, Geotechnical Value Engineering, South 228"' Street Union Pacific Grade Separation Mr. Robert Mitchell resume (3 pages) Standard General Terms and Conditions, SEA-SM-2016 (1/2016) Important Information About Your Geotechnical/Environmental Proposal I accept the conditions and authorize the work to proceed. By Signature (print) Date Organization 21-2-62803-001 SHANNON&WILSON,INC, Table I Labor Effort and Cost Breakdown Geotechnical Value Engineering South 228tb Street Union Pacific Grade Separation Kent,Washington M 'AN A g g ZZ"10,11T P0, N'V Aq R� 1," � rk ,, I" R g N- vti 'C w "M fflmgg'�p'j 4gg'p '06AX, '06AX, 'NA1, EAR' Document Review 16 16 $1,200 mteLt�travel(3 days)_ 30 30 $2,250 Letter Report 12 12 900-- Proiect setup and invoicing 1 2 3 $139 0 $0 RUM -g"N' L,N g'r g_LN Direct Labor Cost $4,489 Overhead Rate-7016 Rate @ 193.10% $8,668 Total adjusted Direct Labor&Overhead Cost $13,157 Fixed Fee @ Direct Labor Cost 30% $1,347 Total Labor Cost $14,504 Direct Expenses: Mileage $100 Total Direct Expenses $15-0 Total $14,604 5/25/2016 21-1-62803.001 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liabilitv insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 it 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. EXHIBIT B (Continued) 2. Commercial General Liability insurance shall be written with limits no less than $2,000,00b each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 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 not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. EXHIBIT B (Continued) 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. ® DATE(MMMDfYYYY) ACC>R v CERTIFICATE OF LIABILITY INSURANCE 6/14/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements. PRODUCER NAME: Gail Scott Arthur J.Gallagher Risk Management Services, Inc. PHONE 425-586-1031 FAX 425-451-3716 P.O. Box 367 E-MAIL Bellevue WA 98009-0367 .gail_scott@ajg.Com INSURERS AFFORDING COVERAGE NAIC Al INSURER A:National Union Fire Insurance Coma 19445 INSURED INSURERB:Travelers Property Casualty Co of 25674 Shannon&Wilson, Inc. -INSURER C:New Hampshire Insurance Company 23841 400 N. 34th Street,Suite 100 Seattle, WA 98103-8636 INSURER 0 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:830905088 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCESUOR POLICY EFF POLICY EXP LTR INSD WVD POLICYNUMBER MMIDDIYYYY MMI0DIYYYY LIMITS A x COMMERCIAL GENERAL LIABILITY 5180256 3/1/2016 3I1/2017 EACH OCCURRENCE $1,000,000 DAMAGE N $300,000 CLAIMS-MADE �X OCCUR PREMISES Ea occurrence) MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY E]JECT LOC PRODUCTS-COMPIOPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 2961686 3!1l2016 3l1I2017 Ea accident $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ AUTOSJ ED SCHEDULED BODILY INJURY(Per accident) $ AUTOS HIRED AUTOS AUTOS NON-OWNED Per accident PROPERTY A A $ $ B X UMBRELLA LIAB X OCCUR ZUP15R7312A16NF 3/1/2016 3/1/2017 EACH OCCURRENCE $1,000,000 EXCESS LIAO CLAIMS-MADE AGGREGATE $1,000,000 DED I X I RETENTION$10,000 $ A WORKERS COMPENSATION 012016021 CA 3/1/2016 311/2017 X STATUTE ERH C AND EMPLOYERS'LIABILITY YIN 012016020 AOS 3/1/2016 311/2017 ANY PROPRIETORIPARTNER/EXECUTIVE 7 N 1 A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Workers'Comp-in Monopolistics, Employers' Liability only The City of Kent is included as Additional Insured for General Liability(per CG2033 and CG2037)and Auto Liability as respects operations of the Named Insured and where required by written contract. GL and AL Primary and Non-Contributory is included where required by written contract. Re: South 228th UPRR Value Engineering Study, Kent,WA(S&W Job#21-1-22236-001) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent Washington THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Nancy Yoshitake ACCORDANCE WITH THE POLICY PROVISIONS. Cityy of Kent Engineering 400 West Grove AUTHORIZED REPRESENTATIVE Kent WA 98032 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 26(2014/01) The ACORD name and logo are registered marks of ACORD ' •. . i .. . ,...fir.... - 1 POLICY NUMBER: 5180256 COMMERCIAL GENERAL LIABILITY CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ' A. Section 11 - Who Is An Insured is amended to a. The preparing, approving, or failing to include as an additional insured any person or prepare or approve, maps, shop 'organization for whom you are performing drawings, opinions, reports, surveys, operations when you and•such person or field orders, change orders or drawings organization have agreed in writing in a contract and specifications:or or agreement that such person or organization b. Supervisory, be added as an additional insured on your p ry, inspection, architectural or engineering activities. porrcy: Such person or organization Is an addi- tional insured only with respect to liability for This exclusion applies even if the claims against "bodlly injury", "property damage" or "personal any insured allege negligence or other wrong- and advertising Injury" caused, In whole or in doing in the supervision, hiring, employment, part.by., training or monitoring of others by that insured, it the'occurrence" which caused the "bodily in- 1. Your acts or omissions;or jury" or "property damage', or the offense 2. The acts or omissions of those acting on which caused the "personal and advertising your behalf: Injury",'Involved the rendering of or the failure in the performance of your ongoing operations to render - any professional architectural, for the additional insured. engineering or surveying services. However, the insurance afforded to such 2. "wily injury" or "property damage' additional insured: occurring after: 1. Only applies to the extent permitted by law; a. All work, including materials, parts• or and equipment furnished in connection with such work, on the project (other than 2. Will not be broader then that which you are service, maintenance or repairs) to be required by the contract of agreement to performed by or on behalf of the provide for such additional insured. additional insuredis)at the location of the A person's or organization's status as an addi- covered operations has been completed; tional Insured under this endorsement ends or when your operations for that additional insured b. That portion of"your work"out of which are completed. the injury or damage arises has been put B. With respect to the insurance afforded to these to its intended use by any person or additional insureds, the following additional ex- organization other than another elusions apply: contractor or subcontractor engaged In This insurance does not,apply to: performing operations for a principal as a 1. "Bodily injury", "property damage" or part of the same project. 'personal and advertising injury" arising out C. With respect to the insurance afforded to these of the rendering of, or the failure to render, additional insureds,'the following is added to any professional architectural, engineering or Section III-Limits Of insurance: surveying services,including: The most we will pay on behalf of the additional Insured Is the amount of insurance: CO 20 33 04 13 Insurance Services Office, Inc.,2012 Page 1 of 2 Q 1. Required by the contract or agreement you insurance shown in the Declarations; have entered into- with the additional whichever is less. Ensured;or This endorsement •shall not increase the 2. Available under the applicable Limits of applicable Limits of Insurance shown in the Declaratidns. i - i • I t i Page 2 of 2 insurance Services Office,Inc., 2012 CG 20 33 0413 ❑ POLICY NUMBER: 5180256 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED --- OWNERS, LESSEES OR CONTRACTORS -- COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s Location And Description Of Completed Operations Any person or organization whom you become obligated to Included as additional insured as a result of any written contract or agreement you have entered Mo. Information rRquired to complete this Schedule,if not shown above,will be shown in the Declaradons. A. Section II—Who Is An Insured Is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s)or additional insureds, the following Is added to organizatlon(s) shown In the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury' or If coverage provided to the additional insured Is "property damage"caused, in whole or 16 part,by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described In the Schedule of this endorsement amount of insurance: performed for that additional insured and Included in the "products-completed operations 1. Required by the contract or agreement;or hazard". 2. Available under the applicable Limits of However. Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not Increase the applicable by law;and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 0 insurance Services Office,Inc.,2012 Page 1 of 1 ENDORSEMENT This endorsement, effective 12:01 A.M. forms a part of policy No. '5180256 issued to Shannon&Wilson, Inc. by National Union Fire Insurance Company of Pittsburgh PA THIS ENDORSEMENT CHANGES-THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED -PRIMARY INSURANCE 7704!endorsement modfies ft surailce ftroWded under the folloWing., COMMERGiAL GENERAL.LIABILITY COVERAGE FORM 5ectfon IV, Commercial General Liabilify Conditions, paragraph 4.,. Other lnsuranoe, subparagraph a. Primary Insurance,is amended by the addition of the follgwing: Ht wevef, coverage under this policy afforded to an additional insured will'apply as 006aty insurance Where reGtilred by Contract, and any other insurance:issued to such additional Insured shall apply as excess and noricbnhibutoty insurance. Authorized Representative,or Co'untersi nature (In States Where Applicable) 74434(10199) C . rArC,, ENDORSEMENT This endorsement, effective 12:01 A.M. forms a part of policy No. 2961686 issued to Shannon &Wilson, Inc. by National Union Fire Insurance Company Pittsburgh, PA THIS ENDORSEMENT CHANGES THE P6LICY. PLEASE REAb IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modri<es insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: Any person or organization for whom you are contractually bound to provide Additional Insured status, but only to the extent of such person's or organizations liability arising out of a covered"auto." 1. SECTION III : LIABILITY COVERAGE, A. Coverage; 1. -Who Is Insured, is amended to add: d. Any person or organization, shown.in the schedule above; to whom you beooiree•bbligeted to Include as an'additionai insured under this policy, as a'result'of any'contract br agreement you enter into Which requires you to furnish insurance to that person oe organization of the' type provided by this policy, but only with respect to liability arising out of-use of a covered "auto". However, the insurance provided will not exceed the lesser of; (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. A44thor¢bd Represeritative or CDuntersi nature (in States Where Applicable) 87950 (10/05) Page 1 of 1 - _ ENDORSEMENT This endorsement,effective 12:01 A.M. forms a part of policy No.2961686 issued to Shannon & Wilson, Inc. by National Union Fire Insurance Company of Pittsburgh, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, B., General Conditions, 5., Other Insurance, c., is amended by the addition of the following sentence: The insurance afforded under this policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident We will not ask any insurer that has issued other insurance to such additional insured to contribute to the settlement of loss arising out of such accident. All other terms and conditions remain unchanged. A horized Representative or Co ntersignature (in States Where Applicable) 74445 (10/99) �� Client#:330606 SHANNWIL11 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 06H412016 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 CONME CT Kibble&Prentice,a US[Co PR PH NE 206 441-6300 FAx 610-362-8528 AIC No Ext AIC,No 601 Union Street,Suite 1000 E-MAtL 1 centre usi.com ADDRESS: p ues• q Seattle,WA 98101 INSURERS AFFORDING COVERAGE NAIC A INSURERA:Lloyd's of London 85202 INSURED INSURER B: Shannon&Wilson,Inc. INSURER C P.O.Box 300303 INSURER D: Seattle,WA 98103 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 OF INSURANCE ND R VIVO POLICY NUMBER MMIDDYIYYYY MMfDDDYIYYrr LIMITS COMMERCIAL GENERAL LIABILITY EACH Aq��OEECCCUR��RENCE $ ED CLAIMS-MADE PREMS&OCCUR IW.EoNocr.'rre.. S MED EXP one person S PERSONAL&ADV INJURY $ M'OTHER: L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO PRODUCTS-COMP/OPAGG S POLICY JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE S HIRED AUTOS AUTOS Per accident UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE S DEO RETENTION$ $ WORKERS COMPENSATION PERTLIT, OTH- AND EMPLOYERS'LIABILI Y Y I N TA 11R ANY PROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? F7 N 1 A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional& B0146LDUSA1604579 1/01/2016 01101/2017 $2,000,000 per claim Contractors $2,000,000 annl aggr. Pollution Liab. DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) S&W Job No.21-1-22236-001; Project Name:South 228th UPRR Value Engineering Study; Description of Work: Value Engineering Study of the South 228th St UPRR Grade Separation; Location:Kent WA. CERTIFICATE HOLDER CANCELLATION City of Kent Washington SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ty THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Nancy Yoshitake ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent Engineering,400 West Grove Kent,WA 98032 AUTHORIZED REPRESENTATIVE 01988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S18024194/M16864423 MXTJU 1 This,page has been left blank intentionally.