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HomeMy WebLinkAboutCAG2019-187 - Original - JECB, LLC - 2019 Plastic Markings - 04/03/2019 .. ENT Records Management Document CONTRACT COVER SHEET T his is to be completed by the Contract Manager prior to submissio; to the City Clerk's Office. All portions are to be If you have questions, please contact the City Clerk's Office at 253-856-5725. Vendor Name: JECB, LLC Vendor Number (IDE): Contract Number (City Clerk): Cohlo I q — 1131 Category: -Contract Agreement Sub-Category (if applicable): None Project Name: 2019 Plastic Markings Mayor's signaturEH��, il� 12/31/20 Contract Execution Date: ermination Date: Contract Manager: Paul Kuehne Department: Administration Contract Amount: $301250.00 Budgeted: FV/1 Grant? Part of NEW Budget: F] r7 Local: State: Federal: Related to a New Position: Basis for Selection of Contractor? Other Approval Authority: ❑ Director Mayor City Council F] 1Y/1 F Other Details: Provide construction management services for the project. KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and JECB, LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and JECB, LLC organized under the laws of the State of Washington, located and doing business at PO Box 832, Auburn, WA 98071, Phone: (253) 405-4654, Contact: Jamie Hicks (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 provide construction management services for the 2019 Plastic Markings 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, 2020. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirty Thousand, Two Hundred Fifty Dollars ($30,250.00), 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 (Over$20,000) 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 duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of 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 (Over$20,000) 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: By: (signature) (signa re Print ame:r Print Name: Dana Ralph Its �f�i � Its Mayor DATE: (title) I�II� DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Jamie Hicks Timothy J. LaPorte, P.E. JECB, LLC City of Kent PO Box 832 220 Fourth Avenue South Auburn, WA 98071 Kent, WA 98032 (253) 405-4654 (telephone) (253) 856-5500 (telephone) N/A (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: JAZ 1 Kent Law Department ATTE i zWV\ Kent City Clerk JECB-Plastic Markings 2019/Kuehne CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: JF,4C6 Title: 1 crj�l Pj ne-&6� Date:4/ 1/ ) 9 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 Geotechnical Engineering Date: 2-26-19 JECB Special Inspections Project:City of Kent-2019 Materials Testing Plastics Markings Construction Inspections rile##: CITY OF KENT 220-411,Avenue S. Kent,WA 98032-5895 Re: Proposed Scope of Services for"2019-Plastic Markings" Attn: Mr. Paul Kuehne,Construction Management Supervisor After reviewing the project plans and specifications we have compiled a Iist of items that we feel will be required for our successful completion of this contract. Below please find a list of services and their brief scope that we will provide for this contract.Our personnel will perform Construction Project Management. Anticipated Construction Management Services: • Serve as a construction representative, attend and/or conduct all on site project meetings, perform project coordination with all pertinent parties,respond to property owner and contractor conflicts. • Communicate with the public, as necessary; investigate and resolve construction complaints; communicate with departments, personnel,and outside agencies to coordinate efforts and exchange information. • Maintain a construction file, keeping files in order, logs and construction records, employee's work assignments and inspection actives,including daily reports, field measurement sheets,etc. • Ensure appropriate quality control and inspection is in compliance with plans, codes, and regulations,utilization of WSDO'I'construction standards • Furnish weekly updates of the contractor's progress of work completed and of compliance with the progress schedule,quantity tracking and measurement of bid items,prepare progress pay estimates, review and negotiation of force account work. • Review of Plans and Specifications, engineering design conflict resolution, propose resolution of in- field constructability problems,quality control and assurance. • Review preliminary and final contract plans, specifications and submittals with appropriate staff for correctness,completeness and constructability. JECB has been performing Construction Management services in the south Puget Sound region for 15 plus years. We have successfully completed numerous large federal and city projects with similar scope to the current project. We are amply staffed to provide excellent services in a timely manner for this project and understand the importance of flexibility when scheduling. Therefore we can respond to last minute or unanticipated scheduling needs promptly. Due to the weather sensitivity for this scope of work our flexibility to be available on short notice should adequate weather be forecast is of utmost importance. If you have any questions or if JECB can be of any further assistance please call on us at(253)4054654. Respectfully Submitted, JECB Jamie Hicks Phone: (253)405-4654 Email:jecboffice@gmail.com PO Box 832 Auburn WA 98071 Geotechnical Engineering Date: 2-26-19 JECB Special Inspections Project:City of Kent-2019 Materials Testing Plastics Markings Construction Inspections File 4: Schedule of Fees &Services, SCHEDULE A Estimated Services-Construction Management PROFESSIONAL SERVICES Price Hours Administrative Services $50.00 er hour 30 $1,500.00 Construction/Project Mgr $115.00 1 per hour 250 $28,750.00 M. Nicks NO Milea e CHARGE $0,00 NO Sample Pick Up CHARGE $0 00 ESTIMATED PROJECT TOTAL "TOTAL $30,250.00 Contract only executed after specific Notice to Proceed (NTP) received from City of Kent. Phone: (253)405-4654 Email:jecboffice@gmail.com PO Box 832 Auburn WA 98071 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 8S 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. 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 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. JECBLLC-02 SBOCH CERTIFICATE OF LIABILITY INSURANCE DATEIMM/DDIYYYY) 06/22/2018 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 have ADDITIONAL INSURED provisions or 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 Griffin MacLean Inc AWN ME. _ -- - PHONE _ 2340 130th Ave NE D150 (A/C,No,E:t).(425)822-1368 ---'.(A/C,� No)_(4_25)82_2_-2737 Bellevue,WA 98005 RE Jnfo a�griffinmaclean.com ADDRESS• _ -- INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Ohio Secuft Insurance Co 24082 INSURED INSURER B JECB,LLC Jamie Hicks INSURER C: PO BOX 832 INSURER D: Auburn,WA 98092 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 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. MLTR SR I TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE OCCUR X X BZS56778701 06/26/2018 06/26/2019 DAMAGE TO RENTED $ 2,000,000 MEDEXP(Any oneperson) $ 151000 PERSONAL&ADV INJURY $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY JECT LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: A $ AUTOMOBILE LIABILITY I COMBINED dEe�DitSINGLE LIMIT $ 1,000,000 ANY AUTO BZS56778701 06/26/2018 06/26/2019 BO OWNED SCHEDULED OILY INJURY Par arson $ AUTOS ONLY AUTOS BODILYBODILY INJURY Per accident $ IX AUTOS ONLY Ix AUTO ONLY P�taOR accident)DAMAGE $ I I�—yI UMBRELL�UABIII CUR EACH OCCURRENCE $ EXP CESS LIMS-MADE -- AGGREGATE $ DED RETENTION$ A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY PEAT UX OTH- Y PROPRIETOR/PARTNER/EXECUTIVE Y/N X BZS56778701 06/26/2018 06/26/2019 2,000,000 FICER/MEMgWEXCLUDED' N/A E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 2,000,000 It es,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2,000,000 A (Business Owners Poli BZS56778701 06/26/2018,'06/26/2019 Property 10,927 i DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is named as additional insured as respects work performed by the named insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent Public Works Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER BZS56778701 BUSINESSOWNERS SP 79 96 07 13 i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY EXTENSION ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SUBJECT PAGE AGGREGATE LIMITS OF INSURANCE 3 AMENDMENT OF INSURED CONTRACT DEFINITION 4 BLANKET ADDITIONAL INSURED (OWNERS, CONTRACTORS OR LESSORS) 2 BODILY INJURY 4 i BROADENED COVERAGE FOR DAMAGE TO PREMISES RENTED TO YOU 2 DUTIES IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT 4 INCIDENTAL MEDICAL MALPRACTICE 2 MOBILE EQUIPMENT 2 NEWLY FORMED OR ACQUIRED ORGANIZATIONS 3 PERSONAL AND ADVERTISING INJURY 4 SUPPLEMENTARY PAYMENTS 2 Bail Bonds Loss Of Earnings a l insurance. rights reserved. BP 79 96 07 13 Includes copyrighted material of Insurance Services loffice,Inc.,with Its permission. Page 1 of 4 I Section II-Liability is amended as follows: L SUPPLEMENTARY PAYMENTS Paragraph f.(1)(b) of A Coverages Is replaced by the following; (b) Up to $3000 for cost of ball bond required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily Injury" applies. We do not have to furnish the bonds, Paragraph 1.L(1)(d) of A Coverages is replaced by the following; (d) All reasonable expenses Incurred by the insured at our request to assist us in the Investigation or defense of the claim or "suit", Including actual loss of earnings up to $500 a day because of time off from work, II. BROADENED COVERAGE FOR DAMAGE TO PREMISES RENTED TO YOU With respect to the coverage provided under this endorsement,' Section II •Llabllfty Is amended as follows: mom 1. The final paragraph of B.I. Exclusions - Applicable To Business Liability Coverage Is deleted and mom replaced by the following: With respect to the premises which are rented to you or temporarily occupied by you with the permis- sion of the owner, Exclusions c., d., a,, g., h., k., i., m., n. and o. do not apply to "property damage". 2. Paragraph D.2, Liability And Medical Expenses Limits Of Insurance Is deleted and replaced by the following: The most we will pay under this endorsement for the sum of all damages because of all "property damage" to premises while rented to you or temporarily occupied by you with the permission of the owner is the Limit of Insurance shown In the Declaration. 3. Paragraph D.3. Liability And Medical Expenses Limits Of Insurance is deleted. i1i. INCIDENTAL MEDICAL MALPRACTICE Excluslon 1.j.(4) does not apply to Incidental Medical Malpractice Injury coverage. The following Is added to F.LIABILITY AND MEDICAL EXPENSES DEFINITIONS: 23. `incidental Medical Malpractice Injury" means bodily injury arising out of the rendering of or failure to render, during the policy period, the following services: a, medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or bev- erages In connection therewith; or b, the furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. This coverage does not.appiy to: 1. expanses Incurred by the insured for first- aid to others at the time of an accident and the Duties in the Event of Occurrence, Claim or Suit Condition Is amended accordingly; 2. any insured engaged in the business or occupation of providing any of the services described a under a, and b. above; ti 3. Injury caused by any indemnitee If such indemnitee Is engaged in the business or occupation of providing any of the services described under a,and b. above. IV. MOBILE EQUIPMENT I. Section C.Who Is An Insured is amended to Include any person driving "mobile equipment" with your permission, V. BLANKET ADDITIONAL INSURED (OWNERS, CONTRACTORS OR LESSORS) 1. Section C. Who Is An Insured is amended to Include as an Insured any person or organl7ation whom you are required to name as an additional Insured on this policy under a written contract or written agreement. The written contract or agreement must be: a. currently In effect or becoming effective during the term of this policy; and b. executed prior to the "bodily injury", "property damage", "personal and advertising Injury". I ® 20131-lberty Mutual insurance,A4 rights reserved. i BP 79 96 07 13 includes copyrighted material of Insurance Services Office,Inc„with its permission. Page 2 of 4 I 2. The Insurance provided the additional Insured is limited as follows: a. The person or organization is only an additional insured with ,respect to liability arising out of (1) Real property, as described In a written contract or written agreement, you own, rent, lease, maintain or occupy; (2) Caused in whole or In part by your ongoing operations performed for that insured. b. The limits of insurance applicable to the additional Insured are those specified in the written contract or written agreement or the limits available under this policy, as stated In the Declara- tions, whichever are less. These limits are inclusive of and not In addition to the limits of insurance available under this policy, c. The Insurance provided the additional Insured does not apply to: (1) Liability arising out of the sole negligence of the additional insured; (2) "Bodily injury", 'property damage", "personal and advertising injury"; or defense coverage under the Supplementary Payments section of the policy arising out of an archltect's, en- gineer's or surveyor's rendering of or failure to render any professional services including: (a) The preparing, approving maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and (b) Supervisory, .Inspection, architectural or engineering activities, (3) Any "occurrence" that takes place after you cease to be a tenant in the premises described in the Declarations; or (4) Structural alterations, new construction or demolition operations performed by or for the person or organization designated in the Declarations, 3. Any coverage provided hereunder shall be excess over any other•valid and collectible insurance avail- able to the additional insured whether primary, excess, contingent or on any other basis unless a contract specifically requires that this Insurance be primary or you request that it apply on a primary basis. Vt. NEWLY FORMED OR ACQUIRED ORGANIZATIONS The following Is added to C.Who Is An Insured: 3. Any business entity acquired by you or Incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named insured If there Is no similar insurance available to that entity. However, a, Coverage.under this provision Is afforded only unfit the 180th day after the entity was acquired or incorporated or organized by you or the end of the policy period, whichever is earlier; b. Coverages A. Paragraph 1, Business Liability, does not apply to: (1) "Bodily injury" or "property damage" that occurred before the entity was acquired or incor- porated or organized by you; and (2) "Personal and advertising injury" arising out of an offense committed before the entity was acquired or incorporated or organized by you; and c. Records and descriptions of operations must be maintained by the first Named Insured. a No person or organization Is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that Is not shown as a Named Insured In the Declarations. VII. AGGREGATE LIMITS The following Is added to Aggregate Limits Paragraph 4. of D. Liability and Medical Expenses Limits of Insurance: The Aggregate Limits apply separately to each of"locations" owned by or rented to you,or temporarily occupied by you with the permission of the owner, The Aggregate Limits also apply separately to each of your projects away from premises owned by or rented to you. I For the purpose of this endorsement only, "location" means premises involving the same or connect- ing lots, or premises of-way of a railroad, whose connection is Interrupted only by a street, roadway, waterway or right- ® 2013 Liberty Mutual Insurance.All rights reserved. i BP 79 96 07 13 includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 3 of 4 Vill.DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 1, The requirement In E. Liability And Medical Expenses General Conditions paragraph 2.a. that you must see to It that we are notified of an "occurrence" or offense which may result In a claim applies only when the "occurrence" is known to any Insured Ilsted In Paragraph C.1, Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim. 2. The requirements in E. Liability And Medical Expenses General Conditions paragraph 2.b. that you must see to It that we receive notice of a claim or "suit" will not be considered breached unless the breach occurs after such claim or"suit" Is known to any Insured listed under Paragraph CA.Who Is An Insured or any"employee". authorized by you to give or receive notice of an"occurrence" or claim, IX. BODILY INJURY Paragraph 3. of F. Liability And Medical Expenses Definitions is replaced by the following; 3. "Bodily Injury" means; a. Bodily Injury, sickness, disease, or Incidental medical malpractice Injury sustained by a person, and includes mental anguish resulting from any of these; and including death resulting from any of these at any time. X. AMENDMENT OF INSURED CONTRACT DEFINITION s� Paragraph 9, of F,Liability And Medical Expenses Definitions Is replaced by the following: 9. "Insured contract" means: a. A contract for a lease of premises, However, that portion of the contract for a lease of premises that Indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permisslon of the owner Is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except In connection with construction or demolition oper- ations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to Indemnify a municipality, except in connection with work for a municipality; e. Ah elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business (including an indem- nification of a municipality In connection with work performed for a munlclpaiity) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf, However, such part of a contract or agreement shall only be considered an "insured contract" to the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be Imposed by law In the absence of any contract or agreement. Paragraph f, does not Include that part of any contract or agreement: 'I (1) That Indemnifies a railroad for "bodlly Injury" or "property damage" arising out of construc- tlon or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; (2) That Indemnifies an architect, engineer or surveyor for injury or damage arising out of: s r (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, If that Is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an Injury or damage arising out of the Insured's rendering or failure to render professional services, Including those listed In (2) above and supervisory, Inspection, architectural or engineering activities. Xi. PERSONAL AND ADVERTISING INJURY Paragraph 14. b. of F.Liability And Medical Expenses Definitions Is replaced by the following: b. Malicious prosecution or abuse of process, 2013 Liberty Mutual Insurance,All rights reserved. SP 79 96 07 13 Includes copyrighted materiel of Insurance Services Office,inc„with Its permission. Page 4 of 4 AC CW0� E 7DATEMMlDONYYY) CERTIFICATE OF LIABILITY INSURANC �-' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER'THIS CERTIFICATE DOES NOTAFFIRMATIVELY 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: Ifthe certificate holder Is an ADDITIONAL INSURED,the po11 Oes)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the Policy,certain policies may requiro an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME. Stanford Insurance Inc PHONE !C 909 S 336th St Ste 102 A!C No Ext: No ADDRESS: Federal Way WA 98003 INSURERS AFFORDING COVERAGE NAIC i! INSURERA: Continental Casualty INSURED 20443 INSURER B: JECB, Inc INSURER C: PO Box 832 INSURER D INSURER E: Auburn WA 98071 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 MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER MM/DDKYYY MMlDDlYYYY COMMERCIAL GENERAL LIABILITY LIMITS EACH OCC URRENCE g �.LAJtv1S-MA.^JF. iJCCUR J PR EM t�ES E8 9rrlirT';nrel $ MED E)(FI(Any pnr .,on UMfTAYPI It S PER PEFSriNAL&ADv INJURY $ POLICY❑F4i �- - `FNERAI_AGf P.FG,ATE .Et_T �LIp_. $ OTHER V`Gr A F'PU .rS_COMPPAGC, $ AUTOMOBILE LIABILITY 4 C O�e61NE0 SINGLE LIMIt' Atdi AIJ 7"r �7 dCryd�lil .+LLI VridEID L-11 APOD4Y INA)PY(Perpemon)E40DILY NJURY Per accident-IIR ED AUTOS ( ) PR( T'I DAMAGE �FrrUMBRELLA LIABEXCESS UAB EACH OCCUPREN('.'r. AGGREGATE $ 1f 6 Fa_lit N I I)N a WORKERS COMPENSATION F AND EMPLOYERS'LIABILITY pTtl- YIN II ITF Fg ?!J•I F'RfiPR�Ti>RlF:ARTNER,>,=n(=U.I T I V E OFF ICEk:MEMBEREXCLUDED? a N/A EI rC^.i'rtAC'IgFrJT g(Mandatory,In NH) it yyes_dla;albe undrl I`_L.LIFEA-;E-EAEMPLOYEL y€ .;I'RIPTION i IF fiGFR A7li,N:',hal%w. CnSEa_[-Pill I:'.f OMIT A Professional Liability MCH591896631 12/31/2018 12/312019 $2,000,000/$2,000,000-PL ---------------------------- DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101.Additional R.m irk•SchsduN,may be attached If—spat.L roq�l.•d) Evidence of Insurance CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Kent Public Works ACCORDANCE WITH THE POLICY PROVISIONS. 2200 4th Ave So AUTHORIZED REPRESENTATIVE Kent WA 98032yle J ACORD 25(20iAfni) Tito ACORD„�, and logo aro r@ 1988 20144 ACORD CORPORATION. All rights reserved. ogiatorod mark REQUEST FOR MAYOR'S SIGNATURE KENT w.,HI„oro Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT Appr bfiy e Originator: PaUI Kuehne Phone (Originator): 5543 Date Sent: � Date Required: Return Signed Document to: Nancy Yoshitake Contract Termination Date: 12/31/20 VENDOR NAME: Date Finance Notified: JECB, LLC (Only required on contracts 3/7/ 19 20 000 and over or on any Grant DATE OF COUNCIL APPROVAL: N/A Date Risk Manager Notified:N/A Re uired on Non-City Standard Contracts/Agreements) Has this Document been Spedficall Account Number: 11115530 Authorized in the Budget? • YES NO Brief Explanation of Document: The attached agreement with JECB is to provide construction management services for the 2019 Plastic Markings Project. a F E I V E D KENT LAW DEPT. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received Approval of Law Dept.: Law Dept. Comments: JV4�k Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: RECEIVED Recommendations and Comments: Disposition: Saw- , City of Kent Date Returned: Office of the Mayor t ivil orms\ ocument rocessing\ equest or ayor's ignature.docx