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HomeMy WebLinkAboutCAG2019-500 - Original - Sitts & Hill Engineers, Inc. - Riverbend Driving Range Land Survey - 12/18/2019 ,0e*1%** Agreement Routing Form 0 KENT For Approvals, Signatures and Records Management Director initials WAS HIN GTGN This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Manager initials Originator: Lynn Osborn for Terry Jungman Department. parks Date Sent. 12/18/19 Date Required: is > Authorized a Director Date of 0 n/a Ck, to Sign: ❑ Council afl. Mayor Approval: Budget G20031 Grant? Yes ❑✓ No Account Number: Type: N/A Vendor Name: Sitts & Hill Engineers Inc. Category: Contract c Vendor 2195664 Sub-Category p Number: EProject Riverbend Driving Range Land Survey L Name: 0 . Project C Details: to support consolidation of 3 parcels into 1 0 Agreement Basis for Amount: $5,238.00 Selection of Direct Negotiation Contractor: an a Start Date: 12/18/19 Termination Date: 4/3 O/Z O Notice required prior to Yes No Contract Number: 0Il—.5010 disclosure? Date Received by City Attorney: Comments: v� c W 3 0 N 41 L 3 a a Date Routed to the Mayor's Office: in air Date Routed to the City Clerk's Office: a► Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 KENT Nw94in OTOry CONSULTANT SERVICES AGREEMENT between the City of Kent and Sitts & Hill Engineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Sitts & Hill Engineers organized under the laws of the State of Washington, located and doing business at 4815 Center Street, Tacoma, WA 98409 (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: As described in attached Exhibit A, incorporated herein, consultant shall conduct land surveys for parcels 232204-9097, 9098 and -9099 to support elimination of the lot lines and consolidiation into a single parcel. 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 April 30, 2020. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $5,238.00, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) A. The Consultant has the ability to control and direct the performance and details 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. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in 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 CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. 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: el By: _ By: (signature) ( , nat e) Print Name: A . iYi 6-4-Y Print Name: Ter J gman Its: fi2IA-ie AL Its: P r tanning & Development �2 �o (rr e) `j Manager DATE: 70/ DATE: 1 2 Ii g111 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Gary Letzring Bryan Higgins Sitts & Hill Engineers City of Kent 4815 Center St. 220 Fourth Avenue South Tacoma, WA 98409 Kent, WA 98032 253-474-9449 (telephone) (253) 856-5113 (telephone) garyl@sittshill.com bhi ins@kentwa. o ATTE T: lJ��v Kent Cit Clerk P.\Plaomng\Riverhead\Dnwng Range Improvements PK20-02\1Design Phase\Situ&Hill Engineers-lot Lines Survey-CONTRACT 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: S i->75 rf A i L-L AFN 4 iN E.,,--S I ln/C . Title: PRaNc�PA� Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A SITTS & HILL ENGINEERS, INC. Professional Engineers and Planners BRENT K. LESLIE, P.E. 4815 Center Street, Tacoma, WA 98409 KATHY A. HARGRAVE, P.E. sittshill.com LARRY G. LINDELL, P.E. (253)474-9449 MICHAEL A. McEVILLY, P.L.S. WESLEY J. JONES, P.E. October 30, 2019 CITY OF KENT Parks, Recreation and Community Services 220 Fourth Avenue South Kent, Washington 98032 TO: Mr. Bryan Higgins, SUBJECT: PROPOSAL FOR SURVEYING SERVICES TO SUPPORT A CITY OF KENT LOT LINE ELIMINATION BETWEEN KING COUNTY PARCEL NUMBERS 2322049097, 2322049098 & 2322049099, IN KENT, WA Dear Bryan: Thank you for the opportunity to submit this proposal for surveying services on the above referenced property. PROJECT SCOPE Our Scope of Services will be as follows: • Coordinate with a title insurance company to acquire a subdivision guarantee on the properties. • Complete review of the subdivision guarantee and accompanying documents to confirm the legal descriptions of all parcels included in the transfer. And to note and/or show the listed encumbrances. • Utilizing our prior work on the property we will prepare a 18" x 24" Survey drawing meeting the City of Kent Lot Elimination requirements and showing the existing lot configuration along with what parcel lines would be removed. • Prepare revised legal descriptions to be placed on the survey drawing. • Provide a copy of the proposed Lot Line Elimination to the client for review and comment. • Request the submittal fee from the Client, and submit the lot line elimination to the City for review. • Address City comments as necessary and resubmit. • Notify the client of approval and provide copies of the recorded drawing. EXCLUSIONS • No field work is anticipated, and no property corners would be set as part of this process. • Submittal or other required fees not already noted herein. Civil, Structural and Survey EXHIBIT A(Continued) City of Kent October 30, 2019 Page 2 of 2 COMPENSATION Our proposed LUMP SUM fee for this Scope of Services is $4,038.00 to be billed monthly on Percent Complete basis. A cost breakdown related to our anticipated scope of services is attached for your reference. The following estimated subconsultant and processing fees are not included in our Lump Sum fee and will be billed at cost of services plus 10% mark-up. Title Report Fees: $1,200.00 (including 10% mark-up) The total anticipated cost to complete the above Scope of Services is $5,238.00. Please see our Cost Estimate Breakdown, attached for your convenience. We understand that our contract to perform this work will be in a format determined by the City and, as such, this proposal letter is meant only as a scoping and cost document. SCHEDULE We can begin this project immediately after receiving your Authorization to Proceed and we anticipate providing deliverables to you within four weeks of receipt of subdivision guarantees. We appreciate the opportunity to submit this proposal and are looking forward to the successful completion of this project for you. If you have any questions, please don't hesitate to contact our office. Sincerely, SITTS & HILL ENGINEERS, INC. Mike McEvilly, P.L.S. Gary D. Letzring, P.L.S. Principal - Director of Surveying Senior Project Surveyor --- ..................._.. ..._... (D 0 Cl) O O O O M (O M (O Cl) fA EA (A O • N � � .... _...... ....._. ......_.. ..._... ...._.... ......... ._....... ......................... ............._...... O Z ■ Q J • W . O o JW • 6F> vt W M •fi ■ z N yy�� •• O YI W .. 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G' O 5 m y 41 T z 6806 I, 0 09,06 t CD s4o6 a{ 0, 990 r 1 ti �S 0 0 - x 'ti y4 11� ti�m m Is o d o �o /�! + tiP 1 1 �l `44tk omnm all o m U 0 092 t y m N mu J ¢ o c c E �f �''�'-tit„ l�•'r'T -�� � C �,Y o$ E a 0 a. { 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 $1,000,000 each occurrence, $2,000,000 general EXHIBIT B (Continued) aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liabilitv insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. SITT&HI-01 REGINAC A��Ro CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/16/2019 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 NAME: Brown&Brown of Washington,Inc. PHONE —— 800 Fifth Ave.,Suite 2400 (ac,No.Ext) (206)216-4830 FAX No):(206)260-2903 Seattle,WA 98104 E*A - - - - DDD�ES$: INSURERS)AFFORDING COVERAGE NAIC M - - --- -- -- - - INSURER.A_RLI Insurance Company _ _ 13056 INSURED INSURER B Continental Casual Compa_ny__ 20"3 Sitts&Hill Engineers,Inc. INSURERC: 4815 Center Street — -- - Tacoma,WA 98409 _INSURERD: 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_. INSR 'ADOL SUBR ---- -- L TYPE OF INSURANCE POLICY EFF f POLICY UP A IN POLICY NUMBER MM/DDIYYYY MMIDD LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR PSB0001830 DAMAGE TO RENTED X 10/25/2019 10/25/2020 PREMMIS aoccurrenceL __$ _ 1 �D�DD� ME D EXP(Any one person)_ 10,000 PERSONAL&ADV INJURY $ Included GEN'L AGGREGATE LIMIT APPLIES PER: 2 000,000 p GENERAL AGGREGATE $ , POLICY X JECT LOC 2,000,000 -_ _PRODUCTS-COMP/OPAGG-_.$- X OTHER:WA Stop Gap$1m/$1m/$2m - A $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 _CEa accident) __ _$ _ _ X ANY AUTO X PSA0001342 10/25/2019 10/25/2020 BODILY INJURY Per_person OWNED SCHEDULED - ( _$ - --- TO ONLY AUTOS BODILY BODILYINJURY �eracadentj $ X-AUTOS ONLY X-AUTOS ONLDY {AOeERTY pAMAGE $ - ccident UMBRELLA LIAB OCCUR -- EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE - -- _ -- - AGGREGATE $ DED RETENTION$ - - —- - WORKERS COMPENSATION - PER OTH- ANDEMPLOYERS'LIABILITY YIN N _ STATUTE -- —ER ER -- --- - - - ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACHACCIDENT $OFFICEtory in gER EXCLUDED? N/A _ ( es decry in and --- E.L.DISEASE-EA EMPLOYEE'S $ If yes,describe under _ I DESCRIPTION OF OPERATIONS belowDISEASE-POLICY LIMIT $ B Professional Liab AEH004312770 10/25/2019 10/25/2020 Each Claim 110001000 B AEH004312770 10/25/2019 10/25/2020 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Additional insured status extended for General Liability,Business Auto as required by written contract and subject to policy terms and conditions for City of Kent.Coverage is provided on a primary and non-contributory basis where required by written contract and subject to policy terms and conditions,with respects to General Liability,Business Auto.30 days notice of cancellation applies. 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 220 4th Ave.S. ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE I ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: PSB0001830 RLI Insurance Company Named Insured:Sitts & Hill Engineers, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II— LIABILITY 1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury", "property damage" or "personal and and we will not share with that other insurance, advertising injury" caused in whole or in part by you provided that: or those acting on your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement, or to you, or b. The "personal and advertising injury" for which coverage is sought arises out of an offense c. In connection with "your work" and included committed after you have entered into that within the "product-completed operations contract or agreement. hazard". 2. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to this endorsement is limited as follows: Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II — any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services". out of "your work" performed by you, or on your behalf, under a contract or agreement with that c. This endorsement does not increase any of the person or organization. We waive these rights only limits of insurance stated in D. Liability And where you have agreed to do so as part of a Medical Expenses Limits of Insurance. contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury" or"property damage" occurs, or the"personal (BUT APPLICABLE ONLY TO SECTION II — and advertising injury" offense is committed. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 Policy Number: PSA0001342 RLI Insurance Company Named Insured: Sitts&Hill Engineers, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured D. Blanket Waiver Of Subrogation E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair-Waiver Of Deductible I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage-Loss Of Use L. Hired Car-Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily Injury Definition-Mental Anguish O. Airbag Coverage P. Amended Insured Contract Definition-Railroad Easement Q. Coverage Extensions-Audio,Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage PPA 300WA 03 13 Page 1 of 5 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured We waive any right of recovery we may have against The following is added to the SECTION II — any person or organization to the extent required of COVERED AUTOS LIABILITY COVERAGE, Para- you by a contract executed prior to any"accident" or "loss", provided that the "accident" or "loss" arises graph A.1.Who Is An Insured Provision: out of the operations contemplated by such contract. Any business entity newly acquired or formed by you The waiver applies only to the person or during the policy period, provided you own fifty organization designated in such contract. percent(50%) or more of the business entity and the E. Employee Hired Autos business entity is not separately insured for Business Auto Coverage. Coverage is extended up 1. The following is added to the SECTION II — to a maximum of one hundred eighty (180) days COVERED AUTOS LIABILITY COVERAGE, following the acquisition or formation of the business Paragraph A.1.Who Is An Insured Provision: entity. An "employee" of yours is an "insured" while This provision does not apply to any person or operating an "auto" hired or rented under a organization for which coverage is excluded by contract or agreement in that "employee's" endorsement. name, with your permission, while performing duties related to the conduct of your business. B. Employees As Insureds 2. Changes In General Conditions: The following is added to the SECTION II — COVERED AUTOS LIABILITY COVERAGE, Para- Paragraph 5.b. of the Other Insurance graph A.1.Who Is An Insured Provision. Condition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the Any"employee" of yours is an "insured" while using following: a covered "auto" you don't own, hire or borrow in your business or your personal affairs. b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered C. Blanket Additional Insured "autos"you own: The following is added to the SECTION II — (1) Any covered "auto" you lease, hire, rent COVERED AUTOS LIABILITY COVERAGE, Para- or borrow; and graph A.1.Who Is An Insured Provision: (2) Any covered "auto" hired or rented by Any person or organization that you are required to your"employee" under a contract in that include as an additional insured on this coverage individual "employee's" name, with your form in a contract or agreement that is executed by permission, while performing duties you before the "bodily injury" or "property damage" related to the conduct of your business. occurs is an "insured" for liability coverage, but only However, any "auto" that is leased, for damages to which this insurance applies and hired, rented or borrowed with a driver is only to the extent that person or organization not a covered"auto". qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II — F. Fellow Employee Coverage COVERED AUTOS LIABILITY COVERAGE. SECTION II — COVERED AUTOS LIABILITY The insurance provided to the additional insured will COVERAGE, Exclusion B.S. does not apply if you be on a primary and non-contributory basis to the have workers compensation insurance in-force additional insured's own business auto coverage if covering all of your employees. you are required to do so in a contract or agreement G. Auto Loan Lease Gap Coverage that is executed by you before the "bodily injury' or "property damage"occurs. SECTION III — PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance, is amended by the addition D. Blanket Waiver Of Subrogation of the following: The following is added to the SECTION IV — In the event of a total "loss" to a covered "auto" BUSINESS AUTO CONDITIONS, A. Loss shown in the Schedule of Declarations, we will pay Conditions, 5. Transfer Of Rights Of Recovery any unpaid amount due on the lease or loan for a Against Others To Us: covered"auto", less: PPA 300WA 03 13 Page 2 of 5 I. The amount paid under the PHYSICAL (a) $60,000 DAMAGE COVERAGE section of the policy; and (b) The actual cash value of the damaged 2. Any: or stolen property as of the time of the "loss";or a. Overdue lease/loan payments at the time of (c) The cost of repairing or replacing the the"loss'% damaged or stolen property with other b. Financial penalties imposed under a lease property of like kind and quality. for excessive use, abnormal wear and tear (2) An adjustment for depreciation and physical or high mileage. condition will be made in the event of a total c. Security deposits not returned by the lessor; "loss". d. Costs for extended warranties, Credit Life (3) We may deduct for betterment for parts Insurance, Health, Accident or Disability normally subject to repair and replacement Insurance purchased with the loan or lease; during the useful life of the "auto". In this and event, deductions shall be limited to the e. Carry-over balances from previous loans or lesser of: leases. (a) An amount equal to the proportion that the expired life of the part to be repaired H. Glass Repair—Waiver Of Deductible or replaced bears to the normal useful SECTION III — PHYSICAL DAMAGE COVERAGE, life of the part; or D. Deductible is amended by adding the following: (b) The amount which the resale value of No deductible for a covered "auto"will apply to glass the"auto"is increased from the repair or damage if the glass is repaired rather than replaced. replacement. I. Personal Effects Coverage (4) A deductible equal to the highest Physical Damage deductible applicable to any owned The following is added to SECTION III—PHYSICAL auto will apply. DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions: (5) This Coverage Extension will not apply to: c. Personal Effects Coverage (a) Any "auto" that is hired, rented or In the event of a total theft loss of your covered borrowed with a driver; or "auto we will pay up to$400 for"loss"to wearing (b) Any "auto" that is hired, rented or apparel and other personal effects which are: borrowed from your"employee". (1) Owned by an"insured"; and K. Hired Auto Physical Damage—Loss Of Use (2) In or on your covered"auto"; The following is added to SECTION II — COVERED AUTOS LIABILITY COVERAGE, A.2. Coverage No deductible applies to Personal Effects Extensions: Coverage. e. We will pay sums which you legally must pay to J. Hired Auto Physical Damage Coverage the lessor of a covered "auto" which you have The following is added to SECTION III—PHYSICAL leased without a driver for thirty(30) days or less DAMAGE COVERAGE, A. Coverage, 4. Coverage for the lessor's loss of use of the covered "auto", Extensions: provided: d. Hired Auto Physical Damage Coverage (1) This insurance provides comprehensive, specified causes of loss or collision covered If hired "autos" are covered "autos" for Liability on the covered"auto"; Coverage and this policy also provides Physical Damage Coverage for an owned "auto", then the (2) The loss of use results from the covered Physical Damage Coverage is extended to "auto" being damaged in an "accident" while "autos" that you hire, rent or borrow subject to you are leasing it. the following: We will pay up to a maximum limit of$1,500 for (1) The most we will pay for "loss" in any one this covered extension. "accident" to a hired, rented or borrowed L. Hired Car—Worldwide Coverage "auto"is the lesser of: The following is added to SECTION II —COVERED AUTOS LIABILITY COVERAGE, A.2. Coverage Extensions: PPA 300WA 03 13 Page 3 of 5 f. Hired Car—Worldwide Coverage (b) Insurance limits required by law and issued by a government entity or by an (1) We will pay all sums an "insured" legally insurer licensed or permitted by law to must pay as damages because of "bodily do business in the jurisdiction where the injury" or "property damage" to which this "accident"occurs; or insurance applies, caused by an "accident' which occurs outside of the United States of (c) Auto liability insurance limits of at least America, the territories and possessions of $300,000 combined single limit or the United States of America, Puerto Rico $100,000 per person/$300,000 per acci- and Canada resulting from the maintenance, dent Bodily Injury, $100,000 Property or use of any covered "auto" of the private Damage. passenger type you lease, hire, rent or If you fail to comply with the above, this borrow without a driver for thirty(30)days or insurance is not invalidated. However, in the less. event of a "loss", we will pay only to the (2) With respect to any claim made or "suit" extent that we would have been liable had instituted outside the United States of you so complied. America, the territories and possessions of (5) The insurance provided by this coverage the United States of America, Puerto Rico, extension is excess over any other and Canada: collectible insurance available to you (a) You shall undertake the investigation, whether on a primary, excess contingent or settlement and defense of such claims any other basis. and "suits" and keep us advised of all M. Temporary Transportation Expenses proceedings and actions. (b) You will not make any settlement SECTION III — PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions, subparagraph a. without our consent. Transportation Expenses is deleted and replaced (c) We will reimburse you: by the following: (i) For the amount of damages be- a. Transportation Expenses cause of liability imposed upon you (1) We will pay up to a maximum of$1,500 for by law on account of"bodily" injury" temporary transportation expense incurred or "property damage" to which this by you because of Physical Damage to a insurance applies, and coverage"auto". (ii) For all reasonable expenses incur- (2) We will pay only for those covered "autos" red with our consent in connection for which you carry Comprehensive, with the investigation, settlement or Collision or Specified Case of Loss defense of such claims or "suits". Coverage. Reimbursement for expenses will be part of the Limit of Insurance for (3) We will pay only for those expenses incurred liability coverage shown in the Busi- by you during the period of time that begins ness Auto Coverage Declarations, twenty-four (24) hours after the covered and not in addition to such limits. "loss" and ends at the time when the covered "auto" can be reasonable repaired (3) The limit of Insurance for Liability Coverage or replaced. shown in the Business Auto Coverage Declarations is the most we will reimburse (4) This coverage does not apply while there you for the sum of all damages imposed on are spare or reserve"autos"available to you you, as set forth in paragraph 2.c. above, for your operations. and all expenses incurred by you arising out N. Amended Bodily Injury Definition — Mental of any single"accident"or"loss". Anguish (4) You must maintain the greater of the The following is added to SECTION V — following primary auto liability insurance DEFINITIONS, Definition C.: limits: lim "Bodily injury"also includes mental anguish, but only Compulsory admitted insurance with when the mental anguish arises from other bodily limits required to be in force to satisfy injury, sickness or disease. the legal requirements of the jurisdiction where the accident occurs; or PPA 300WA 03 13 Page 4 of 5 O. Airbag Coverage (1) How, when and where the "accident" or The following is added to SECTION III—PHYSICAL "loss"occurred,- DAMAGE COVERAGE B. Exclusions 3.a.: (2) The"insured's"name and address; and However, this exclusion will not apply to accidental (3) To the extent possible, the names and discharge of an airbag due to mechanical or addresses of any injured person and electrical breakdown. witnesses. P. Amended Insured Contract Definition — Railroad Your duty to give us or our authorized Easement representative prompt notice of the "accident" or SECTION V—DEFINITIONS paragraph H. "Insured "loss" applies only when the "accident" or "loss" contact"is modified as follows: is known to: 1. Paragraph H.3. is replaced by the following: (1) You, if you are an individual; 3. Any easement or license agreement. (2) A partner if you are a partnership; or 2. Paragraph H.6.a. is deleted. (3) An executive officer or insurance manager, if you are a corporation. Q. Coverage Extensions — Audio, Visual And Data S. Unintentional Errors Or Omissions Electronic Equipment Not Designed Solely For SECTION IV—BUSINESS AUTO CONDITIONS, B. The Production Of Sound General Conditions; 2. Concealment Misrepre- sentation Or Fraud is amended by adding the SECTION III — PHYSICAL DAMAGE COVERAGE following: B. Exclusions, exception paragraph a. to exclusion The unintentional omission of, or unintentional error 4.c. and 4.d. is deleted and replaced with the following: in, any information given by you shall not prejudice your rights under this insurance. However this pro- a. Equipment and accessories used with such vision does not affect our right to collect additional equipment, except for tapes, records, discs or premium or exercise our right of cancellation or other electronic media device, provided such nonrenewal. equipment is permanently installed in the covered "auto" at the time of the "loss" or is T. Towing Coverage removable from the housing unit which is SECTION III — PHYSICAL DAMAGE COVERAGE, permanently installed in the covered "auto" at A.2. Towing, is deleted and replaced by the the time of the "loss", and such equipment is following: designed to be solely operated by use of the power from the "autos" electrical system, in or 2• We will pay up to $750 for towing and labor upon the covered"autos",or costs incurred each time a covered "auto" is disabled due to a covered cause of loss. R. Notice Of An Knowledge Of Occurrence However: SECTION IV — BUSINESS AUTO CONDITIONS, a. All labor must be performed at the place of A.2. Duties In The Event Of Accident, Claim Suit disablement;and Or Loss, subparagraph a. is deleted and replaced with the following: b. If the covered auto is a private passenger a. In the event of"accident", claim, "suit" or"loss", type no deductible applies;and You must give us or our authorized c. If the covered auto is not of the private representative prompt notice of the "accident" or passenger type our obligation to pay will be "loss"including: reduced by a $250 deductible per disablement. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPA 300WA 03 13 Page 5 of 5