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HomeMy WebLinkAboutCAG2020-124 - Original - 125k Reservoir Recoating and Fall Protection Improvements - 04/23/2020Agreement Routing Form KENT For Approvals, Signatures and Records Management This form combines & replaces ihe Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cheny colored paper)WasHtNGfoN E oL CLo. Originator: Nancy Yoshitake for Paul Kuehne Department: Public Works Date Sent: 4t22t20 Date Required; 4t29t20 Authorized to Sign: E Director or Designee E Mayor Date of Council Approval: N/A Budget Account Number: w20050 Budget? EYes E No Grant? E Yes El No Type: co tyo E orFg +,g o EooL Ctl Vendor Name: Gray & Osborne, lnc. Category: Contract Vendor Number: 34003 5ub-Category: . nF'\a.tvaa ProjecrName: 125K Reservoir Recoating and Fall Protection lmprovements Project Details: P rovide co nstruction support services. Agreement Amount: $31,685 Start Date: MayOr'S Signature Basis for Selection of Contractor: lerminarion Dare: 12131121 Local BusinessT E Yes El No* "lf meets requirements per KCC 3.7a.100, please complete "Vendor Purchase-Local Exceptions" form on Cityspace Notice required prior to disclosure? EYes trNo Contracl Number:cnaLoTo - tLl gl tr l, =\ro =E.Q .rr- agc,i oc C'I ttt Date Received by City Attorney April22,2020 Comments: *,tkvlr Date Routed to the Mayor's Office:o{laelsoa Date Routed to the City Clerk's Office: ad(W)2313-1_n Visit Documents.KentWA.gov to obtain copies of all agreements KEN CONSULTANT SERVICES AGREEM ENT between the City of Kent and Gray & Osborne, Inc, THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Gray & Osborne, Inc. organized under the laws of the State of Washington, located and doing business at 1130 Rainier Avenue S,, Suite 300, Seattle, WA 98t44, Phone: (zO,q 2e4- 0860, Contact: Russell Porter (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 support services for the 125K Reservoir Recoating and Fall Protection Improvements 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, 2O2L. III. COMPENSATION. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirty One Thousand, Six Hundred Eighty Five Dollars ($31,685), 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 B. 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. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed, 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. 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. 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 t.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.L15, 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 Consulta nt's negligence. CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) A. B. c D E 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 paft, 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 C 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. CfTY'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 Disoutes and Governino 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 tothe 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. Citv 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, /t l/ // // // // 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 Print Na e Tlc %mrr y'rt (signature) 4!Ae' 6, Ji:tltv:-.p,. ?, E . lb€tf Print Name: Its Dana Raloh Mayor (title) t,/4/za,i LlDATE Gray & Osborne - l25K Reservoir 2/(uehne CONSULTANT SERVICES AGREEMENT - 5 (Over $2O,000) DATE: APPROVED AS TO FORM: t Law Depadment ATT a Clerk NOTICES TO BE SENT TO: CONSULTANT: Russell Porter Gray & Osborne, Inc. 1l3O Rainier Ave. S., Suite 3O0 Seattle, WA 98144 (206) 284-0860 (telephone) ( 206) 283-3206 (facsi m i le) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNIry 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 thisAgreement 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 anycontractor, 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 soledetermination 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 ofsex, 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 toall new employees and subcontractors indicating commitment as an equal oppoftunity employer, 4. During the time of the Agreement I, the prime contractor, will actively consider hiring andpromotion 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: 6'rA*to ,RF Tige: fRe s trc; Date: t{,/zr /z^+L EEO COMPUANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT:MINORIry AND WOMEN CONTRACTORS SUPERSEDES: April 1, 1996 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 into on Kent. CITY OF KENT EQUAL EMPLOYMENT OPPORTUNIW 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 (date), between the firm I represent and the City of I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy t.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. For: Title: Date: By EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT "A' SCOPE OF WORK CITY OF KENT 125K RESERVOIR RECOATING CONSTRUCTION SUPPORT This is an engineering services proposal for providing construction engineering services for the l25K Reservoir Recoating project. The proposal assumes the following: l. All coating inspection will be performed by the City under a separate contract. 2. All welding inspection will be performed by the City under a separate contract" 3. Cray & Osbome will review submittals for the project where the City requires technical assistant and as requested. 4. No record drawings are required. The contract is 125 working days. For the purposes ofthis proposal. the contractor is expected to be painting for 90 working days. SCOPE OF WORK Gray & Osbome will provide support to the Cify inciuding the following items: 5 Review submittals and shop drawings as assigned by the City. These may include coatings, welding shop drawings, containment plan, blast disposal plan, environmental control plan, and other submittals as required by the City. I Provide appropriate levels ofon-site inspection depending upon work activities. For the purposes of this scope of work, it is assumed that a Gray & Osbome engineer will be on site approximately 8 hours per week on average throughout the structural work. Provide in-office support including answering RFI questions as requested by the City, reviewing coating inspection reports, and other support activities. Attend construction meetings for a total of eight meetings. Page I of3 a a c&o #18599 Thenot-to-exceedcostforthisproposalis$31,685. Adetailedlistoftasksandhoursis attached. PROPOSED PERSONNEL Project Manager Russell Porter WA PE (Civil. Chemical, Environmental) Russ Porter is a principal and head of Gray & osbome's water group. He has served as project manager on other City ofKent projects including the 640 Reservoir, the 640 Booster Station, Cambridge Reservoir Improvements, and the l25K Reservoir Improvements. Civil Engineer Ryan Hale wA, cA PE (Civil) NACE Level I Coating Inspector Myron Basden WA, OR PE/SE (Civil, Structural) Ryan Hale joined Gray & osborne in 201 5 and is member of the water group. His focus has been reservoir recoating and rehabilitation projects. He provided engineering for the Cambridge Reservoir Improvements and the l25K Reservoir Improvements. Structural Engineers Myron is a principal engineer and the head of Gray & Osbome's structural group. He provided stnrctural engineering oversight for City of Kent projects including the 640 Booster Station, Cambridge Reservoir Improvements, and the 125K Reservoir Improvements. G&O{i8599 Page 2 of 3 Alex has been with Gray & osbome 3 years working in the structural group doing design, calculations, and submittal review. Electrical Engineer Mike Sweeney WA PE (Elecftical) Mike joined cray & osborne in 2015 and has provided electri.cal engineering support to various water and wastewater projects including the city's cambridge Reservoii Improvements and th€ l25K Reservoir Improvements. Zobreh Kiaeipour WA EIT(Civil) Zohreh has been with Gray & osborne 3.5 years working in the structural group doing design, calculations, and submittal review. Alex Quinn WA EIT (Civil) G&O # r 6s99 Page 3 of 3 EVHIBIT ''B'I ENGINEERING SERIIICES SCOPf, AND ESTIMATED COST City of Kent - 125K Reservoir Recoating Construction Support Total Fully Burdened Labor Cost: Direct Non-Salary Cost: Mileage & Expenses (mileage @ current IRS rate) $ $ $ 31,360 32s 31,685TOTAL ESTIMATED COST: * Actual labor cost will be based on each employee's actual rate. Estimated rates are for detemining total estimated cost only Fully burdened billing rates include direct salary cost, overhead, and profit. c&o r,l8599 Page I ofl Tasks Project Manager Hours Civil Engineer Hours Structural Engineer Hours Electrical {,ngineer Hours Submittal Review 4 12 l6 4 On-Site inspection 2A 96 4 In-Office Assistance 6 12 8 4 Construction Meetings t2 24 4 4 Hour Estimate:42 144 28 l6 Fully Burdened Billine Rate Ranse:*$ 106 to $1 84 $96 to $126 $100to$168 $110 to $190 Estimated Fully Burdened Billine Rate:*$ 170 $120 $ 165 $r45 Fully Burdened Labor Cost:$7.140 $i7,280 $4.620 82,320 EXHIBIT C INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liabilitv insurance covering all owned, non-owned, hired and leased vehicles, Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractua I lia bility coverage. 2, Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from prem ises, operations, i ndependent contractors, prod ucts-co m pleted operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor'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 covera ge as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1, Automobile Liabilitv insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liabilitv insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT C (Continued ) 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 insu ra nce: 1. The Contractor'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 Contractor's insurance and shall not contribute with it. 2. The Contractor'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 contractor 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 ceftified copy of all required insurance policies, The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VIL E. Verification of Coverage Contractor 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 Contractor 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 Contractor. CERTIFICATE OF LIABILITY INSURANCE DATE (MM'DD/YYYY} 4t21t2020 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 CERTIFTCATE OF INSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE ISSU|NG TNSURER(S), AUTHORTZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain policies may roquare an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Hall & Company 19660 1Oth Ave NE Poulsbo WA 98370 Allison 360-626-2007 INSURER{SI AFFORDING COVERAGE NAIC # TNSURERA: Travelers Casualtv and Suretv Comoanv 1 9038 INSURED Gray & Osborne lnc 1130 Rainier Avenue South, Suite 300 Seattle WA 98144 4 rNsuRER B : The Travelers lndemnitv ComOanv 25658 rNsuRER c : Travelers Casualtv and Suretv Co of America 31194 INSIJRER D : INSURER E INSURER F COVERAGES CERTIFICATE N REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSUMNCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO W{ICH 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 SHOIAN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INl'RID TYPE OF INSURANCE tNen POLICY NUMBER tsULIUY EFI LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR X OCP/XCU/BFPD Separation lnsdsX GEN'L AGGREGATE LI[TIT APPLIES PER: POLICY I$o; fl 'oc X X 6808N744494 9t10t2019 91',1o12020 EACH OCCURRENCE $ 1.000.000 $ 300.000 MED EXP (Anv one Derson)$ 10.000 PERSONAL & ADV INJURY s 1.000.000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS . COIUP/OP AGG $ 2,000.000 $ B AUTOMOBILE LIABILITY X ANY AUTO O\A/TIED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON-OWNED AUTOS ONLY 8A8N746445 9t10t2019 9t10t2020 $ 1,000,000 BODILY INJURY (Per person)! BODILY INJURY (Per accident)$ $ $ X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS-MADE cuP8N747012 9l'1o12019 9t10n020 EACH OCCURRENCE $ 1.000.000 AGGREGATE s 1.000.000 DFD X RFTFNTION S rn ana s B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICERYMEMBER EXCLUDED? (Mandatory ln NHI lf yes, describe under DESCRIPTION OF OPERATIONS belN Y'N N/A 6808N74449A 9t10t2019 9t10t2020 PER lvqrarr rrF l UIH-FP WA Stoo Gao E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E,L, DISEASE - POLICY LIMIT $ 1.000.000 Professional Liab: Claims l\rad6 Pollution Liab: Occunsnco Form 1 0533981 9 911012019 9t10t2020 $1,000,000 P€rClaim $1,000,000 Aggregate DESCRIPTIONOFOPERATIONSTLOCATIONS/VEHICLES (ACORDl0l,AddltlonalRemarksSchedule,maybeattachedif morespaceisnquiredl 125K Reservoir Recoating and Fall Protection lmprovements Project The certificate holder is an additional insured per the attached. CERTIFICATE HOLDER @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE wlLL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent 22O Fourth Avenue South Kent WA 98032 0.4 7rk REPRESENTATIVE z ACORD 25 (2016/03) Policy # 6808N74449A COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHTTECTS, ENGTNEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION ll - WHO lS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. lf, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f . This insurance does not apply to the rendering of or failure to render any "professional services". g. ln the event that the Limits of lnsurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section lll - Limits Of lnsurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. @ 2015 The Travelers lndemnity Company. All rights reserved. lncludes the copyrighted material of lnsurance Services Office, lnc., with its permission cG D3 81 09 1s Page 1 of2 COMMERCIAL GENERAL LIABILIry 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that wriften contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. @ 2015 The Travelers lndemnity Company. All rights reserved. lncludes the copyrighted material of lnsurance Services Office, lnc., with its permission Page 2 of 2 cG D3 81 09 ls