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HomeMy WebLinkAboutPW16-400 - Original - 132nd Ave Sidewalk Improvements - Contract - Wetland Delineation v x # 4 KENT Records agf et WAfiH1NGTON t Document ,f 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 Vendor Number: JD Edwards Number Contract Number: Y V `b -14 Ott 1 This is assigned by City Clerk's Office Project Name: 132"d Ave Sidewalk Improvement Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 11/8/16 Termination Date: 10/1/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Drew Holcomb Department: Engineering Contract Amount: $12 865.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, ax id, etc.): Conduct a wetland delineation for the project. I As of: 08/27/14 KIEN T 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: (206) 632- 8020/Fax: (206) 695-6777, Contact: Katie Walter (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: i The Consultant shall conduct a wetland delineation for the 132"d Avenue Sidewalk Improvement 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 October 1, 2017. III. COMPENSATION. A, The City shall pay the Consultant, based on time and materials, an amount not to exceed Twelve Thousand, Eight Hundred Sixty Five Dollars ($12,865.00), 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) r 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 4.24.11S, 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 I ($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 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. I i 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. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF KENT: siggnature)( // ' V (si nature) Print Name: t7L c fir—_ Print Name: Timothy J. LaPorte, P.E. Its: b te-2.- Its: Pu lic Works Director title) DATE: II�7G DATE: f r � NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: i CONSULTANT: CITY OF KENT: Katie Walter Timothy ), LaPorte, P.E. Shannon & Wilson, Inc. City of Kent 400 N. 341h St., Suite 100 220 Fourth Avenue South Seattle, WA 98103 Kent, WA 98032 (206) 632-8020 (telephone) (253) 856-5500 (telephone) (206) 695-6777 (facsimile) 253 856-6500 facsimile Shannon&Wilson-132n°Sld.,,MVHMl.mb j 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. 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: Y �rini2 f�� it u� I Title: G'OY . �i Sie 1 l Date: `t EEO COMPLIANCE DOCUMENTS - 1 i.. 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. i By: i For: Title: Date: I I EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A AIASKA SHANNON 6 ILS®N, INC. �O�ORADO BMW GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS FLORIDA MISSOURI ORFGON WASHINGTON WASHING70N OC METRO WISCONSIN October 17, 2016 NIr. Drew Holcomb City of Kent Public Works Department 400 West Gowe Street Kent WA 98032 I RE: WETLAND DELINEATION ON RIGHT-OF-WAY ADJACENT TO PARCEL NOS.2122059041 AND 2822059166 IN THE, CITY OF KENT,WASHINGTON Dear Mr,Holcomb: Shannon& Wilson,Inc.is pleased to submit this scope of services to conduct a wetland delineation within the right-of-way(ROW)adjacent to King County Parcel Nos. 2122059041 and 2822059166 in the City of Kent(City). The project includes constructing a continuous pedestrian facility along the west side of 132n6 Avenue SE from SE 24014 Street to the southern City limits(SE 282°d Street). BACKGROUND It is our understanding that the City proposes to construct a continuous pedestrian facility on the west side of 132n6 Avenue SE. This will include constructing mussing sections of sidewalk between SE 248°1 to SE 272nd Streets. In general,that includes constructing the sidewalk at the "back"(west edge)of the ROW,leaving the existing drainage ditch in place. In 2000,under a separate contract, Shannon&Wilson,Inc, inventoried wetlands on the two parcels referenced above. SCOPE OF SERVICES Our scope of services for this project will consist of performing the following tasks: • Conduct a background review of information relating to the site, This will include a review of the King County Soil Survey,U.S.Fish and Wildlife National Wetlands Inventory maps, the City critical areas maps,Washington State Department of Fish and Wildlife SalmonScape mapping system; and other relevant background information. We have included time in this estimate to meet with the City either on site or at your office immediately prior to the site delineation. 400 NORTH 34TH STREET,SUITE 100 P.O.BOX 300303 SEATTLE,WASHINGTON 98103-8636 206-632-8020 FAX: 205-695-6777 www.sllannonwilson.com 21-2-63013-001 j i i Mr. Drew Holcomb SI ANNON WLSON,INC. City of Kent October 17,2016 Page 2 of 3 • Delineate wetland boundaries using the methodology outlined in the Washington State Department of Ecology's (Ecology's) 1997 Washington State Wetland Identification and Delhieation Manual,United States Army Corps of Engineers 1987 Wetland Delineation Manual, and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains,Valleys, and Coast Region Version 2.0(May 2010). We, anticipate delineation within the ROW adjacent to the two parcels identified above. It is assumed that property access will be obtained on our behalf as necessary. If additional wetlands are identified within the ROW during our site visit,we will notify you immediately. • Additionally, we will approximate wetland boundaries located within 200 feet of the west side ROW boundary to determine the extent of off-site wetlands and buffers that may impact development on site,in accordance with City requirements. • Rate wetlands (up to four separate wetlands)identified on site or within 200 feet of the site using the Ecology's Washington State Wetland Rating System for Western Washington,in accordance with City requirements,to determine the standard buffer widths as defined within the Kent City Code. • Complete a wotlarrd delineation report describing our findings for your use and files. This report will include a regulatory review of the wetlands,streams,and potential wildlife and habitats present on the site as it pertains to potential site development. • We understand that the property will need to be surveyed for design. We will coordinate our field visit with the City surveyor so the wetland boundary flags can be picked up by your survey crew, We will require an electronic copy of the survey in order to prepare our wetland delineation report. • Once we have the boundary survey and project design we can estimate the proposed project wetland impacts. We have included some time to identify wetland impacts in on the identified parcels. We assume that the City will provide the proposed project footprint to be able to identify the impacts. SCHEDULE � Shannon&Wilson,Inc. can begin the wetland delineation fieldwork within two weeks of receiving notice to proceed. The wetland delineation report can be completed within two weeks after receiving an electronic copy of the survey. i COST ESTIMATE Our cost estimate for the above services is$12,865 (see enclosed cost estimate). Rev21-2-63013-001ddhvpNkn 21-2-63013-001 h I i Mr. Drew Holcomb SH ANNON WILSON,INC. City of Kent October 17,2016 Page 3 of 3 Permitting for potential site development is not included in this scope of services. In the event that additional services are necessary, due to changes in your request or other unforeseen circumstances,we will notify you immediately and obtain your authorization for the additional services and costs. CLOSURE; Shannon&Wilson,Inc. has prepared the enclosed, "Important Information About Your Wetland Delineation/Mitigation and/or Stream Classification Proposal." Although this document was not written specifically for the subject property,it should be useful in assisting you and others in understanding the use and limitations of our reports. We understand that the City will provide us with a contract for these services,which when executed,will serve as our notice to proceed, This proposal is valid for a period of 60 days from the date of issue. We are pleased to have this opportunity to assist you with this project. If you have any questions,please contact me at(206)695-6738. Sincerely, I SHANNON& WILSON,INC. Katie L. Walter,PWS Vice President,Natural Resources Manager KLW/klw Ene: Cost Estimate Important Information About Your Wetland Delineation/Mitigation and/or Stream Classification Proposal m ai-z-eaoia•ooi-ruwrnw 21-2-63 0 1 3-00 1 i SHANNON&WILSON, INC. COST ESTIMATE Proposal No.: 21-2-63013-001 Project: 132nd St Sidewalk Client: City o£I{ent By: KLW 10/17/2016 124te °- Quantity $06total iSuBtotal Background Review and Wetland Delineation Vice President $245 /hr 1 hrs $245 Senior Biologist III $150 /hr 15 hrs $2,250 Biologist VI $110 /hr 10lis $1,100 Mileage $0.57 mi 70 miles $40 $3,635 i Wetland Categorization and Report Vice President $245 /hr 4 firs $980 Senior Biologist Ili $150 /hr 30 firs $4,500 Drafting $110 /hr 10 fu's $1,100 Clerical $100 /hr 21u's $200 Copies,Mail,Computer $50 /ea 2 $100 $6,880 Impact Assessment and Permit Assessment Vice President $245 /hr 2 firs $490 Senior Biologistlli $150 /lu• 8hra $1,200 Drafting $110 /hr 6 hrs $660 Clerical $100 /hr 0 fir $0 $2,350 s wv21-2-63013-001-L1-00s1/wp/1ka 21-2-63013-001 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 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 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 $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. i i I I i I EXHIBIT B (Continued) 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 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 A:VII. j 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. ® DATE IMMIDDIYYYY) , Cc Z CERTIFICATE OF LIABILITY INSURANCE �.- 11 J812016 THIS CERTIFICATE 15 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. I IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . CONTACT Gail Scott _ PRODUCER NAME: -- Arthur J. Gallagher Risk Management Services, Inc. PHONE 425-186-1031 _ FAX c N. 425-451-3716 P.O. Box367 E-MAESSUuc,No xg _ @Jg Bellevue WA 98009-0367 all scott a com INSURER(S)AFFORDIN G COVERAGE NAICp _ INSURER A:National Union Fire Insurance Compa 19445 INSURED INSURER a:Travelers Property Casualty Co of A 25674 Shannon&Wilson, Inc. INSURER c:New Hampshire Insurance Company 23841 400 N. 34th Street, Suite 100 INSURERD: _ Seattle,WA 98103 - - INSURERE: _... INSURER F COVERAGES CERTIFICATE NUMBER: 504147968 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 !ADDL - POLICY EFF POLICY EXP II To TYPE OF INSURANCE !INSD I WVDI POLICY NUMBER MM/DDNYYY MWDDIYfY`f LIMITS A X COMMERCIAL GENERAL LIABILITY j 5180256 3/1/2016 3/112017 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CIAIMS-MADE X❑OCCUR PREMISES Ea occunence $300,000 ( MEL)EXP(My one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY I X I PRO- LOC PRODUCTS-COMP/OP AGO $2,000,000 S OTHER: A AUTOMOBILE LIABILITY 2961686 3/112016 3/1/2017 Ea a6ccitlenq Si000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL SCHEDULED BODILY INJURY(Per accident) $ AUTOI�. H REO OWNED UTOS �' OS NON OWNED P OPERTY DAMAGE $ Ir AUTOS Per accident) 5 a X UMBRELLA LIAR �X OCCUR ZUP15R7312A16NF 3/1/2016 3/1/2017 EACH OCCURRENCE 1 $1,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE �0,000 DED X RETENTIONS10,000 $ ER A WORKERS COMPENSATION 012016D21 CA 3/1/2016 3/1/2017 X STATUTE 6RH C AND EMPLOYERS'LIABILITY YIN 012016020 AOS 311/2016 311/2017 - ANYPROPRIETOWPARTNERIEXECUTIVE NIA E.L.EACH ACCIDENT $1,000,000 OFFICERNEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $1,000,000 Ifgs,deserbe under E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD ie1,Additional Remarks Schedule,mey be a0eched if more spec.Is re,lded) 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: 132nd Avenue Sidewalk Improvements Project, Kent, WA (S&W Project #21-2-63013) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:Nancy YOshitake ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South Kent WA 98032 AUTHORIZED REPRESENTATIVE G"e l ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD ®jy Client#: 330606 SHANNWIL11 ACORD., CERTIFICATE OF LIABILITY INSURANCE DATE(MMIOD/YVVYI 11/07/2016 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 pOlIGI0S may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s),- PRODUCER CONTACT NAME: Kibble&Prentice,a USI Co PR PHONE 206 441.6300 1 610-362-8528 (AIC No Ext1; _ (A/C Nc): 601 Union Street,Suite 1000 n oeEss: pi•certrequest@usi.com Seattle,WA 98101 INSURER(S)AFF_OR_DINGCOVERAGE NAILff INSURERA:Lloyd's of London 85202 INSURED INSURER H Shannon &Wilson, Inc. - - - INSURER C P.O. Box 300303 -- INSURER 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. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE WVD POLICY NUMBER MMlDDIYYVY jMMtDDIYYYY COMMERCIAL GENERAL LIABILITY EACH OECCCURRENCE $ GLEAMS MADE I l OCCUR PREMISESE TN.TTu ence MED EXP(Any one person) 5 PERSONAL&ADV INJURY 8 _ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY❑JECT D LOG PRODUCTSCOMPlOP AGO $ III OTHER: CO $ -- MBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea accident ANY AUTO BODILY INJURY(Par person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ __. AUTOS AUTOS -- -- NON-OWNED PROPERTY DAMAGE $... HIRED AUTOS AUTOS Pe,,m darn) _.._ $UMBRELLA LIAR _. 1 OCCUR EACH OCCURRENCE S EXCESS LIAB I CLAIMS-MADE AGGREGATE. ._ S _ DEO RETENTION$ _ S WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN -_- ANYPROPRIETOWPARTNERIEXECUTIVE-- C-L EACH ACCIDENT_ S OFFICERIMEMBER EXCLUDED? L NIA (Mandatory in NH) EL DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 5 A Professional-& B0146LDUSA1604579 1/01/2016 01/01/201 $2,000,000 per claim Contractors $2,000,000 annl aggr. Pollution Liab. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space Is renulred) S&W Job No.21-2-63013; Project Name: 132nd Avenue Sidewalk Improvements Project; Description of Work: Wetland Delineation in Right-of-Way adjacent to parcel nos.2122059041 and 2822059166; Location: Kent,WA. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Nancy Yoshitake ACCORDANCE WITH THE POLICY PROVISIONS, 220 Fourth Avenue South Kent,WA 98032 AUTHORIZED REPRESENTATIVE I ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S19247303/M16864423 MXTJU i i POLICY NUMBER: 5180256 COMMERCIAL GENERAL LIABILITY i CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REC UIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A- Section If - Who Is An Insured is amended to a. 'rho 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, inspection, architectural or be added as an additional Insured on your engineering activities. policy: Such person or organization is an addi- 1 tional insured only with respect to liability for This exciuslon applies oven it the claims against "bodily injury "property damage" or "parson al any insured allege negligence or other wrong• and advertising injury" caused, in whole or in doing In the supervision, hiring, employment,training or monitoring of others by that Insured, part, by: if the "occurrenra" 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 to render any professional architectural, In the performance of your ongoing operations for the additional insured. engineering or surveying services. However, the insurance afforded to such 2. "Bodily injury" or "property damage" additional insured: occurring after: 1. Only applies to the extant 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 than that which you are service, maintenance or repairs) to be required by the contract or agreement to performed by or on behalf of the provide for such additional insured. additional insureds) at the location of the A person's or organizadon'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 part of the same project. 1, "Bodily injury", "property damage" or C, With respect to the insurance afforded to these "personal and advertising Injury" arising out additional insureds,'the following is added to of the rendering of,' or the failure to render, section II(-Limits Of insurance: any professional architectural,engineering or surveying services, including: The most we will pay on behalf of the additional insured is the amount of insurance: Cr, 20 38 04 13 .> Insurance Services Office, Inc„ 2012 Page 1 of 2 ❑ 1. Required by the contract or agreement you ,Insurance shown in the Declarations; j have entered into• with the additional whichever is less. Insured; or This endorsement shall not increase the i 2. Available under the applicable Limits of applicable t,imits of Insurance shown in the Declaratlbns. i 6 I i i I Page 2 of 2 Insurance Services Office, Inc., 2012 CG 20 33 04 13 r� POLICY NUMBER: 5180256 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Ensured Person(s) Or Organizations) Location And Description Of Com feted O orations 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 Ln Information required to complete this Schedule If not shown above,will be shown In the Declarations, 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 organization(s) shown In the Schedule, but only Section III—Limits Oflnsurance: with respect to liability for "bodily injury" or if coverage provided to the additional insured Is "property damage"caused, in whole or in 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 1. Required by the contract or agreement; or Included in the "products-completed operations 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 04 13 O Insurance Services Office, Inc., 2012 Page 1 of 1