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CAG2020-245 - Original - Integrity Structural Engineering, PLLC - 2020 Structural Engineering Inspection at Hogan, KMP, Earthworks & Lake Fenwick - 08/04/2020
ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Mayor Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingDate Received by City Attorney:Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* *If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 200713 8/3/2020 4 Other1493565 Parks, Recreation & Community ServicesJan Applegate 4 4 8/6/2020 08/24/2020 Other n/a 10006600.64120.xxxx ContractIntegrity Structural Engineer. N/A 4 09/30/2020 4 4325.00 N/A N/A GL BL 8/4/2020 CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) CONSULTANT SERVICES AGREEMENT between the City of Kent and Integrity Structural Engineering, PLLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Integrity Structural Engineering, PLLC organized under the laws of the State of Washington, located and doing business at 4124 Interlake Avenue North, Seattle, WA 98103. Phone: (206) 547-1379 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Consultant to perform structural engineering inspection services of timber poles at Hogan Park at Russell Road, Kent Memorial Park and Earthworks Park. Inspection of the timber pedestrian bridge and poles at Earthworks Park and Lake Fenwick's boardwalk/stairs is also included. Inspection services per Proposal dated July 31, 2020 attached as Exhibit A. The 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. The Consultant shall complete the work described in Section I by September 30, 2020 . III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed FOUR THOUSAND THREE HUNDRED TWENTY FIVE DOLLARS AND NO CENTS ($4325.00), 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 bill ing rates shall be as delineated in Exhibit A. B. The Consultant shall submit quarterly payment invoices to the City for work performed, and a final bill upon completion of all services described in this A greement. 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. C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) the Consultant voluntarily participates in this Program, the Consultant will be solely responsible for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. 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: 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 the 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 the 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 the 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 the Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement , they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID -19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the Ci ty under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by thi s section, all other costs will be borne by the Consultant. VII. 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 perfor m the work to which the employment relates. The 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. VIII. INDEMNIFICATION. The 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 the 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 bodi ly 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 the 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 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 the 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 the 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. IX. 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. CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. XI. 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. The 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 the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor with the authority to control and direct the performance a nd 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. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The 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 the Consultant's own risk, and the 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. XIV. 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 Washingt on. 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 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 VIII 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 i n 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. CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) 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 the 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 the 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 th ose 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. / / / / / / / / / / / / / / / / / / / / / / / / 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. CONSULTANT SERVICES AGREEMENT - 6 ($20,000 or Less) 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: By: (signature) Print Name: Its: (title) DATE: CITY OF KENT: By: (signature) Print Name: Garin Lee Its: Parks Superintendent DATE: NOTICES TO BE SENT TO: CONSULTANT: Kenneth M. Wilson, PE SE Integrity Structural Engineering, PLLC 4124 Interlake Ave. N. Seattle, WA 98103 (206) 547-1379 (telephone) (206) 547-1381 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Ben Levenhagen, Support Services Field Supervisor City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 508-6548 (cell) or (253) 856-5133 (telephone) (253) 856-6120 (facsimile) ATTEST: Kent City Clerk Kenneth M. Wilson (Aug 3, 2020 17:34 PDT) General Manager 08/04/2020 Kenneth M. Wilson Garin Lee (Aug 4, 2020 07:58 PDT) 08/04/2020 Kim Komoto (Aug 4, 2020 08:18 PDT) Kim Komoto EEO COMPLIANCE DOCUMENTS - 1 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: __________________________________________ Title: _________________________________________ Date: _________________________________________ Kenneth M. Wilson (Aug 3, 2020 17:34 PDT) General Manager Integrity Structural Engineering, PLLC 08/04/2020 EEO COMPLIANCE DOCUMENTS - 2 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 - 3 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: _________________________________________ Page 1 of 2 4124 Interlake Avenue North Seattle, WA 98103 Tel: (206) 547-1379 Fax: (206) 547-1381 Email: IntegritySE@att.net July 31, 2020 Mr. Ben Levenhagen, Field Supervisor City of Kent Parks Planning & Development Services 220 4th Avenue S. Kent, WA 98032 Dear Mr. Levenhagen: Re: Proposal for Professional Structural Engineering Inspection Services Kent Parks & Timber Bridge Inspection, Evaluation, and Reporting Thank you for your emailed figures and our correspondence. Integrity Structural Engineering’s (ISE) scope of work is to perform a visual inspection from the ground for each timber pole and through timber sounding, measurement of checks/splits, localized drilling at the base (as deemed appropriate/beneficial) establish the pole’s general conditions and continued usefulness. Inspection of the timber pedestrian bridge and poles at Earthworks Park and Lake Fenwick’s boardwalk/stairs are each also included. The results will be compiled into a brief letter format report. The letter report will include a key map to locate each of the inspected poles, bridges, and boardwalk/stairs. A tabulation of the specific conditions and measurements at each pole, as well as my professional opinion of the condition’s found, estimated remaining service life, or recommendation for further evaluation. Specific work breakdown tasks are: Coordinate and perform one (1) site visit to inspect and assess the conditions for approximately sixty-nine (69) timber poles at three fields, one two-span timber bridge, boardwalk, and timber stairs. Create key map, field sketches, and take measurements for report use. Investigate conditions with recommendations generalized for continued monitoring, repair/remediation, or replacement. Prepare a brief letter report to summarize inspection effort completed, conditions found, provide photographic documentation, and my professional structural engineering recommendation. Submit one (1) draft and final PDF report via email. ISE's fee for this phase of the project is billed at a time and materials basis with a not to exceed fee of $4,325 as shown in the attached. I am available to complete the long full-day inspection on Tuesday August 25th, or as agreed. Critical findings, if any, would be conveyed via email by the next day. The engineering stamped letter format report would be provided for your use on Monday September 14th. Thank you for the opportunity to present this proposal and please feel free to call me with any questions. Sincerely, Kenneth M. Wilson, PE SE Bridge Consultant / WSDOT Bridge Inspector #D2038 Encl: Cost Estimate Spreadsheet Integrity Structural Engineering PLLC EXHIBIT A Kent Parks Pole, Ped. Bridge, and Boardwalk/Stair 2020 Engineering Inspection 7/31/20 Task PM/Br Engr Total Hrs ISE, PLLC Kent Parks Athletic Field Timber Pole Evaluation 1 Inspection, Condition Assessment, and Letter Report a.Parks Dept Coordination, Technical Discussions, Admin.2 2 b.Preparation, Travel, and Site Visit with Pole Inspection, Bridge Inspection, Boardwalk/Stair Inspection, Measurements, Observations 14 14 c.Report Sketches, Pole location Key Map, and Photographic Figures 4 4 d.Brief Letter Report Preparation, Professional Recommendations, and Transmittal 8 8 Subtotal Task 1 28 28 Subtotal Task 1 Kent Parks Athletic Field Timber Pole Evaluation 1 Inspection, Condition Assessment, and Letter Report 28 28 Subtotal Task 1 28 28 Billing Rate 151.50$ Fee 4,242$ 4,242$ labor cost = 4,242$ Mileage 58$ direct costs =83$ Courier, mail -$ ISE, PLLC = 4,325$ Equipment Rental (Hertz Equipment Proposal)-$ Reproduction 25$ ISE, PLLC Direct Expenses Subtotal: 83$ Hour and Task Estimate Page 2 of 2 ISE, PLLC 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 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. EXHIBIT B (Continued ) 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than 2,000,000 per claim. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. EXHIBIT B (Continued ) F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. 10/25/2019 Shipley & Pease Insurance P O Box 928 Woodinville WA 98072 Kim Grahn (206) 519-5371 (503) 282-3345 kim@shipleyins.com Integrity Structural Engineering 4124 Interlake Ave N. Seattle WA 98103 Phoenix Insurance (PHX)25623 Travelers Casualty & Surety Company of America 31194 CL19102501644 A Y 680008H725288 11/07/2019 11/07/2020 2,000,000 1,000,000 10,000 2,000,000 4,000,000 4,000,000 A Y 680008H725288 11/07/2019 11/07/2020 2,000,000 A 680008H725288 11/07/2019 11/07/2020 WA Stop Gap 1,000,000 1,000,000 1,000,000 B Professional Liability 105365387 11/07/2019 11/07/2021 Each Claim 2,000,000 Aggregate 2,000,000 City of Kent is Additional insured per CGD037 04/05, CGD381 09/07 and CGD379 09/07 attached. Forms extend Waiver of Subrogation, Primary and Non-Contributory wording. City of Kent Parks Department 220 Fourth Ave S Kent WA 98032 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE -ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), Paragraph 4. (Other Insurance), is amended as follows: 1. The following is added to Paragraph a. Primary Insurance: However, if you specifically agree in a written con tract or written agreement that the insurance pro vided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur ance is primary to other insurance that is avail able to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and b. The "personal injury" or "advertising injury" for which coverage is sought arises out of an of fense committed subsequent to the signing and execution of that contract or agreement by you. 2. The first Subparagraph (2) of Paragraph b. Ex cess Insurance regarding any other primary in surance available to you is deleted. 3. The following is added to Paragraph b. Excess Insurance, as an additional subparagraph under Subparagraph (1): That is available to the insured when the insured is added as an additional insured under any other policy, inclUding any umbrella or excess policy. CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 COrlllMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART .- =<Xl- =<Xl-= =al 0_ - ,,- u_ . A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products-completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per son or organization has assumed liability in a con tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover age as an additional insured specifically is added by another endorsement to this Cover age Part. e. This insurance does not apply to the render ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi tional insured shall be the limits which you agreed in that "contract or agreement requir ing insurance" to provide for that additional insured, or the limits shown in the Declara tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other jnsurance that is available to such additional insured which covers such addi tional insured as a named insured, 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 entered into that "contract or agreement requiring insurance". But this insur ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON DITIONS (Section IV): We waive any rights 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, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur ance" with such person or organization entered into by you before, and in effect when, the "bodily CG 0381 0907 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission 005387 COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un der which you are required to include a person or organization as an additional insured on this Cov erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG 0381 0907 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE Provisions A. -T. and V. of this endorsement broaden coverage. Provisions U. and W. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Incidental Medical Malpractice C. Reasonable Force -Bodily Injury Or Property Damage D. Non-Owned Watercraft -Increased To Up To 75 feet E. Aircraft Chartered With Crew F. Extension Of Coverage -Damage To Premises Rented To You G. Malicious Prosecution -Exception To Knowing Violation Of Rights Of Another Exclusion H. Medical Payments Limit I. Increased Supplementary Payments J. Additional Insured -Owner, Manager Or Lessor Of Premises K. Additional Insured -Lessor Of Leased Equipment L. Additional Insured -State Or Political Subdivi sions -Permits Relating To Premises M. Additional Insured -State Or Political Subdivi sions -Permits Relating To Operations PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Com mon Policy Declarations is amended as fol lows: The person or organization named in Item 1. of the Common Policy Declarations and any organization, other than a partnership, joint venture, limited liability company or trust, of which you are the sole owner or in which you maintain the majority ownership interest on the effective date of the policy. However, N. Additional Insured -Architect, Engineer Or Surveyor O. Who Is An Insured -Newly Acquired Or Formed Organizations P. Who Is An Insured -Unnamed Partnership Or Joint Venture -Excess Q. Per Project General Aggregate Limit R. Knowledge And Notice Of Occurrence Or Offense S. Unintentional Omission T. Waiver Of Transfer Of Rights Of Recovery Against Others To Us When Required By Con tract Or Agreement U. Amended Bodily Injury Definition V. Amended Insured Contract Definition -Railroad Easement W. Amended Property Damage Definition -Tangible Property X. Additional Definition -Contract or Agreement Requiring Insurance coverage for any such additional organization will cease as of the date, if any, during the policy period, that you no longer are the sole owner of, or maintain the majority ownership interest in, such organization. 2. This Provision A. does not apply to any per son or organization for which coverage is ex cluded by another endorsement to this Cov erage Part. B. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to Paragraph 1. Insur ing Agreement of COVERAGE A BODILY CG D3 79 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 8 COMMERCIAL GENERAL LIABILITY INJURY AND PROPERTY DAMAGE lI ABILITY in COVERAGES (Section I): "Bodily injury" arising out of the rendering of, or failure to render, "first aid" or "Good Sa maritan services" to a person, other than a co-"employee" or "volunteer worker", will be deemed to be caused by an "occurrence". For the purposes of determining the applica ble limits of insurance, any act or omission together with all related acts or omissions in the furnishing of the services to anyone per son will be deemed one "occurrence". 2. As used in this Provision B.: a. "First aid" means medical or nursing ser vice, treatment, advice or instruction; the related furnishing of food or beverages; the furnishing or dispensing of drugs or medical supplies or appliances; b. "Good Samaritan services" means those medical services rendered or provided in an emergency and for which no remu neration is demanded or received. 3. Paragraph 2.a.(1 )(d) of WHO IS AN IN SURED (Section II) does not apply to any of your "employees", who are not employed as a doctor or nurse by you, but only while per forming the services described in Paragraph 1. above and while acting within the scope of their employment by you. Any such "employ ees" rendering "Good Samaritan services" will be deemed to be acting within the scope of their employment by you. 4. The following exclusion is added to Para graph 2. Exclusions of COVERAGE A BOD ILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES (Section I): Sale of Pharmaceuticals "Bodily injury" or "property damage" aris ing out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by or with the knowledge or consent of the insured. 5. The insurance provided by this Provision B. shall be excess over any valid and collectible other insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance pur chased specifically by you to apply in excess of the Limits of Insurance shown in the Decla rations for this Coverage Part. C. REASONABLE FORCE -BODILY INJURY OR PROPERTY DAMAGE The Expected Or Intended Injury Exclusion in Paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES (Section I) is de leted and replaced by the following: Expected Or Intended Injury Or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of rea sonable force to protect any person or property. D. NON-OWNED WATERCRAFT -INCREASED TO UP TO 75 FEET 1. The exception contained in Subparagraph (2) of the Aircraft, Auto Or Watercraft Exclu sion in 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAM AGE LIABILITY in COVERAGES (Section I) is deleted and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry persons or property for a charge; 2. Only as respects the insurance provided by this Provision D., WHO IS AN INSURED (Section II) is amended to include as an in sured any person who, with your expressed or implied consent, either uses or is respon sible for the use of the watercraft. 3. The insurance provided by this Provision D. shall be excess over any valid and collectible other insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance pur chased specifically by you to apply in excess of the Limits of Insurance shown in the Decla rations for this Coverage Part. E. AIRCRAFT CHARTERED WITH CREW 1. The following is added to the exceptions con tained in the Aircraft, Auto Or Watercraft Exclusion in Paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COV ERAGES (Section I): Aircraft chartered with crew, including a pilot, to any insured. Page 2 of 8 © 2007 The Travelers Companies, Inc. CG 03790907 2. This Provision E. does not apply jf the char tered aircraft is owned by any insured. 3. The insurance provided by this Provision E. shall be excess over any valid and collectible other insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance pur chased specifically by you to apply in excess of the Limits of Insurance shown in the Decla rations for this Coverage Part. F. EXTENSION OF COVERAGE -DAMAGE TO PREMISES RENTED TO YOU 1. The last paragraph of COVERAGE A BOD ILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES (Section I) is deleted and replaced by the following: Exclusions c. through n. do not apply to dam age to premises while rented to you, or tem porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explo sion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in LIMITS OF IN SURANCE (Section III). 2. The insurance under this Provision F. does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa ter; or c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: Subject to 5. above, the Damage To Prem ises Rented To You Limit is the most we will pay under Coverage A for the sum of all damages because of "property damage" to COMMERCIAL GENERAL LIABILITY anyone premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; light ning; smoke resulting from such fire, explo sion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occurrence", whether such dam age results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $1,000,000; or b. The amount shown for the Damage To Premises Rented To You Limit in the Declarations for this Coverage Part. 4. Paragraph a. of the definition of "insured con tract" in DEFINITIONS (Section V) is deleted and replaced by the following: a. A contract for a lease of premises. How ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo rarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water is not an "insured contract"; 5. This Provision F. does not apply if coverage for Damage To Premises Rented To You of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COV ERAGES (Section I) is excluded by another endorsement to this Coverage Part. G. MALICIOUS PROSECUTION -EXCEPTION TO KNOWING VIOLATION OF RIGHTS OF AN OTHER EXCLUSION The following is added to the Knowing Violation Of Rights Of Another Exclusion in 2. Exclu sions of COVERAGE B PERSONAL INJURY, ADVERTISING INJURY AND WEB SITE IN JURY LIABILITY of the WEB XTEND LIABILITY Endorsement: This exclusion does not apply to "personal injury" caused by malicious prosecution. CG D3 79 09 07 © 2007 The Travelers Companies, Inc. Page 3 of 8 COMMERCIAL GENERAL LIABILITY H. MEDICAL PAYMENTS LIMIT The Medical Expense Limit shown in the Declara tions for this Coverage Part is increased to $10,000. I. INCREASED SUPPLEMENTARY PAYMENTS Paragraphs 1.b. and 1.d. of SUPPLEMENTARY PAYMENTS -COVERAGES A AND B in COV ERAGES (Section I) are amended as follows: 1. In Paragraph 1.b., the amount we will pay for the cost of bail bonds is increased to $2500. 2. In Paragraph 1.d., the amount we will pay for loss of earnings is increased to $500 a day. J. ADDITIONAL INSURED -OWNER, MANAGER OR LESSOR OF PREMISES 1. WHO IS AN INSURED (Section II) is amended to include as an insured: Any person or organization that you have agreed in a contract or agreement to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily in jury" or "property damage" that occurs, or "personal injury" caused by an offense committed, after you have entered into that contract or agreement; and b. Only if the "bodily injury", "property dam age" or "personal injury" is caused, in whole or in part, by acts or omissions of you or any person or organization per forming operations on your behalf, and arises out of the ownership, maintenance or use of that part of any premises leased to you under that contract or agreement. 2. The insurance provided to such additional insured under this Provision J. is subject to the following provisions: a. The limits of insurance afforded to such additional insured shall be the limits which you agreed to provide in the con tract or agreement, or the limits shown in the Declarations for this Coverage Part, whichever are less; and b. The insurance afforded to such additional insured does not apply to: (1) Any "bodily injury" or "property dam age" that occurs, or "personal injury" caused by an offense committed, af ter you cease to be a tenant in that premises; (2) Any structural alterations, new con struction or demolition operations performed by or on behalf of such additional insured; or (3) Any premises for which coverage is excluded by another endorsement to this Coverage Part. 3. This Provision J. does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another en dorsement to this Coverage Part. K. ADDITIONAL INSURED LESSOR OF LEASED EQUIPMENT 1. WHO IS AN INSURED (Section II) is amended to include as an insured: Any person or organization that you have agreed in a contract or agreement to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily in jury" or "property damage" that occurs, or "personal injury" caused by an offense committed, after you have entered into that contract or agreement; and b. Only if the "bodily injury", "property dam age" or "personal injury" is caused, in whole or in part, by acts or omissions of you or any person or organization per forming operations on your behalf, in the maintenance, operation or use of equip ment leased to you by such additional in sured. 2. The insurance provided to such additional insured under this Provision K. is subject to the following provisions: a. The limits of insurance afforded to such additional insured shall be the limits which you agreed to provide in the con tract or agreement, or the limits shown in the Declarations for this Coverage Part, whichever are less; and b. The insurance afforded to such additional insured does not apply: (1) To any "bodily injury" or "property damage" that occurs, or "personal in jury" caused by an offense commit ted, after the equipment lease ex pires; or Page 4 of 8 © 2007 The Travelers Companies, Inc. CG 03790907 (2) If the equipment is leased with an operator. 3. This Provision K. does not apply on any basis t6 any person or organization for which cov erage as an additional insured specifically is added by another endorsement to this Cov erage Part. L. ADDITIONAL INSURED -STATE OR POLITI CAL SUBDIVISIONS -PERMITS RELATING TO PREMISES The following is added to Paragraph 2. of WHO IS AN INSURED (Section II) to include as an insured: Any state or political subdivision that has issued a permit in connection with premises owned or oc cupied by, or rented or loaned to, you, but only with respect to "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of adver tising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations for which that state or political subdivision has issued such permit. M. ADDITIONAL INSURED -STATE OR POLITI CAL SUBDIVISIONS -PERMITS RELATING TO OPERATIONS The following is added to Paragraph 2. of WHO IS AN INSURED (Section II) to include as an insured: Any state or political subdivision that has issued a permit, but only with respect to "bodily injury", "property damage", "personal injury" or "advertis ing injury" arising out of operations performed by you or on your behalf for which that state or po litical subdivision has issued such permit. How ever, no such state or political subdivision is an insured for: 1. "Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of operations performed for that state or political subdivision; or 2. "Bodily injury" or "property damage" included within the "products -completed operations hazard". COMMERCIAL GENERAL LIABILITY N. ADDITIONAL INSURED -ARCHITECT, ENGI NEER OR SURVEYOR 1. The following is added to Paragraph 2. of WHO IS AN INSURED (Section II) to include as an insured: Any architect, engineer or surveyor engaged by or for you that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Coverage Part, but only with respect to liability for "bodily in jury", "property damage" or "personal injury" that is caused, in whole or in part, by acts or omissions of you or any person or organiza tion acting on your behalf in connection with your premises or "your work". 2. This Provision N. does not apply on any basis to any person or organization for which cov erage as an additional insured specifically is added by another endorsement to this Cov erage Part. O. WHO IS AN INSURED -NEWLY ACQUIRED OR FORMED ORGANIZATJONS 1. Paragraph 4.a. of WHO IS AN INSURED (Section II) is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. Any such newly acquired or formed organiza tion that you report in writing to us within 180 days after you acquire or form the organization will be covered under this provision until the end of the policy pe riod, even if there are more than 180 days remaining until the end of the policy period; 2. This Provision O. does not apply to any or ganization for which coverage is excluded by another endorsement to this Coverage Part. P. WHO IS AN INSURED -UNNAMED PART NERSHIP OR JOINT VENTURE -EXCESS 1. The last paragraph of WHO IS AN INSURED (Section II) is deleted and replaced by the following: l\Jo 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 In sured in the Common Policy Declarations. CG 03790907 © 2007 The Travelers Companies, Inc. Page 5 of 8 COMMERCIAL GENERAL LIABILITY However, this exclusion does not apply to your liability with respect to your conduct of the business of any current or past partner ship or joint venture: a. That is not shown as a Named Insured in the Common Policy Declarations, and b. In which you are a member or partner where each and everyone of your co ventures in that joint venture is an archi tectural, engineering, or surveying firm. 2. This Provision P. does not apply to any per son or organization for which coverage is ex cluded by another endorsement to this Cov erage Part. 3. The insurance provided by this Provision P. shall be excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, which is available covering your liability with respect to your conduct of the business of any current or past partnership or joint venture that is not shown as a Named Insured in the Common Policy Declarations and which is issued to such partnership or joint venture. Q. PER PROJECT GENERAL AGGREGATE LIMIT 1. Paragraph 2. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: The General Aggregate Limit is the most we will pay for the sum of: a. Damages under Coverage B; and b. Damages from "occurrences" under Cov erage A and for all medical expenses caused by accidents under Coverage C which cannot be attributed only to opera tions at a single "project". 2. The following is added to LIMITS OF IN SURANCE (Section III): A separate Per Project General Aggregate Limit applies to each "project" for all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A and for all medical ex penses caused by accidents under Coverage C which can be attributed only to operations at a single "project", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations for this Coverage Part. Any payments made under Coverage A for damages and under Coverage C for medical expenses shall reduce the Per Project Gen eral Aggregate Limit for that "project", but shall not reduce: a. Any other Per Project General Aggregate Limit for any other "project"; b. The General Aggregate Limit; or c. The Products-Completed Operations Ag gregate Limit. The limits shown in the Declarations for this Coverage Part for Each Occurrence, Dam age To Premises Rented To You and Medical Expense are also subject to the Per Project General Aggregate Limit when the Per Pro ject General Aggregate Limit applies. 3. As used in the Provision Q.: "Project" means an area away from premises owned by or rented to you at which you are performing operations pursuant to a contract or agreement. For the purposes of determin ing the applicable aggregate limit of insur ance, each "project" that includes premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right of-way of a railroad shall be considered a sin gle "project". R. KNOWLEDGE AND NOTICE OF OCCUR RENCE OR OFFENSE The following is added to Paragraph 2. Duties In The Event of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who is an individual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice. Knowledge by any other "employee" of an "occur rence" or offense does not imply that you also have such knowledge. Page 6 of 8 © 2007 The Travelers Companies, Inc. CG D3 79 09 07 Notice of an "occurrence" or of an offense which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good faith as soon as practicable to your workers' com pensation, accident, or health insurer. This ap plies only if you subsequently give notice of the "occurrence" or offense to us as soon as practi cable after you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who is an individ ual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager or ad ministrator) designated by you to give such notice discovers that the "occurrence" or offense may involve this policy. S. UNINTENTIONAL OMISSION 1. The following is added to Paragraph 6. Rep resentations of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): The unintentional omission of, or uninten tional error in, any information provided by you which we relied upon in issuing this pol icy shall not prejudice your rights under this insurance. 2. This Provision S. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accor dance with applicable insurance laws or regu lations. T. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US WHEN REQUIRED BY CONTRACT OR AGREEMENT The following is added to Paragraph 8. Transfer of Rights of Recovery Against Others to Us of COMMERCIAL GENERAL LIABILITY CONDI TIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of: 1. Premises owned by you, temporarily occu pied by you with permission of the owner, or leased or rented to you; 2. Ongoing operations performed by you, or on your behalf, under a contract or agreement with that person or organization; 3. "Your work"; or COMMERCIAL GENERAL LIABILITY 4. "Your products". We waive these rights only where you have agreed to do so as part of a contract or agree ment entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense or "adver tising injury" offense is committed. U. AMENDED BODILY INJURY DEFINITION The definition of "bodily injury" in DEFINITIONS (Section V) is deleted and replaced by the follow ing: "Bodily injury" means: a. Physical harm, including sickness or disease, sustained by a person; b. Mental anguish, injury or illness, or emotional distress, resulting at any time from such physical harm, sickness or disease; or c. Care, loss of services or death resulting at any time from such physical harm, sickness or disease. V. AMENDED INSURED CONTRACT DEFINITION -RAILROAD EASEMENT 1. Subparagraph c. of the definition of "insured contract" in DEFINITIONS (Section V) is de leted and replaced by the following: c. Any easement or license agreement; 2. SUbparagraph f.(1) of the definition of "in sured contract" in DEFINITIONS (Section V) is deleted. W. AMENDED PROPERTY DAMAGE DEFINITION -TANGIBLE PROPERTY The definition of "property damage" in DEFINI TIONS (Section V) is deleted and replaced by the following: "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occur rence" that caused it. For the purposes of this insurance, tangible prop erty does not include data. CG D3 79 09 07 © 2007 The Travelers Companies, Inc. Page 7 of 8 COMMERCIAL GENERAL LIABILITY X. The following definition is added to SECTION V DEFINITIONS: "Contract or agreement requiring insurance" means that part of any contract or agreement 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 entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period Page 8 of 8 © 2007 The Travelers Companies, Inc. CG D3 79 09 07 NAICS Code: _________________________________ Square Footage: _____________________________________ Do You Share a Location with Another Business? No Yes (If yes, please call C/S at 253-856-5201) If so please list other entity: ________________________________________________________________________ Will your business engage in selling, giving away, distributing, dispensing, exchanging for anything of value, planting, growing, processing, packaging, storing, or any other act relating to marijuana as that term is defined in RCW 69.50.101? Yes No Do you have more than one location within the City of Kent? Yes No If yes, please list location(s): ________________________________________________________________________ Does your business require a specialty license (i.e. Applicable if your business has Amusement Devices, Cabaret, or Pool & Billiard Tables)? Yes No If so please list: __________________________________________________________________________________ Emergency Contact: _________________________________ Phone: _____________________________________ _________________________________ Phone: _____________________________________ City of Kent Master Business License Application City of Kent Customer Service • 220 Fourth Avenue S. • Kent, WA 98032-5895 253-856-5210 • customerservice@KentWA.gov All licenses expire December 31. Re-Issue invoice mailed end of calendar year. DATE: BUSINESS INFORMATION Legal Entity Name: __________________________________________________________________________________ Trade Name DBA: ___________________________________________________________________________________ Physical Address: _______________________________________City: _______________ State: ______ ZIP: _________ Mailing Address: ________________________________________City: _______________ State: ______ ZIP: _________ Email: ______________________________________ Phone: _______________________________________________ WA State UBI#: _____________________________________________________________________________________ Individual Partnership LLC Corporation Other Type of Business: (check all that apply) Wholesale Trade Retail Trade Service Manufacturing Construction Govt. Transp./Commun./Util. Finance/Insur./RE Education Health Industry Sales/Mktg. Other ________________________________________________________________________ Description of Business Activity: ________________________________________________________________________ Date when business activity began in Kent: _______________________________________________________________ Owner(s)/Officers Name(s): ___________________________________________________________________________ Address: ______________________________________________City: _______________ State: ______ ZIP: _________ Phone: _______________________________________________Email: ______________________________________ Estimated Annual Gross Income in Kent (Check the box that applies to your business) $0 - $2,000 $2,001 - $200,000 $200,001 - $1,000,000 More than $1,000,000 Contact person: ________________________________________Phone: _____________ Email: ___________________ COMMERCIAL BUSINESSES ficsW23677_1_20THIS SECTION APPLIES TO BUSINESSES THAT HAVE A PHYSICAL LOCATION WITHIN CITY LIMITS Continued on back... Integrity Structural Engineering, PLLC Integrity Structural Engineering, PLLC 4124 Interlake Ave. N. Seattle WA 98103 4124 Interlake Ave. N. Seattle WA 98103 IntegritySE@att.net 206-547-1379 602-511-926 Professional Bridge Engineering, Inspection, and Technical Support August 2020 Kenneth M. Wilson 4124 Interlake Ave. N. Seattle WA 98103 206-547-1379 IntegritySE@att.net Kenneth Wilson 206-547-1379 IntegritySE@att.net COMMERCIAL BUSINESSES (CON'T) Total number of employees (Use this number to determine license fee) Driver's License # (Kent Businesses only) Fee Schedule NUMBER OF EMPLOYEES: OPENING JULY 1 0-24 Employees $248.07 $198.07 25-49 Employees $348.07 $248.07 50-99 Employees $548.07 $348.07 100 or more employees $748.07 $448.07 Independent Contractor $101.00 $51.00 (Example: Someone leasing a chair at a licensed salon or barber shop) Non -Profit No Charge 501 (c)3 Required Relocation in Kent No Charge (New App. req.) Prior Kent Address: NON-RESIDENT BUSINESS THIS SECTION IS FOR BUSINESSES WHICH DO NOT HAVE AN OFFICE OR PHYSICAL LOCATION IN THE CITY OFKENT. Fee Schedule If your annual gross income in Kent is $2000 or less you are not required to obtain a business license with the City of Kent. This is for non-resident businesses only, Operating before July 1 $101.00 Operating after July 1 $51.00� RENTAL HOUSING BUSINESS SECTION THIS SECTION IS ONLY FOR RENTAL PROPERTIESWHICH CONTAIN TWO OR MORE HOUSING UNITS Fee Schedule Opening July 1 2 to 10 units $101.00 $ 51.00 A $13 per unit Rental Housing Inspection Program (RHIP) fee will be added to your business license 11 to 50 units $ 301.00 $151.00 fee. If you have any questions please visit KentWA.govlrentalhousinginspection for more information 51 and above $601.00 $301.00 or call 253-856-5454_ Total number of rental units x $13 = $ Please include this fee with your licensing payment of $101, $301, or $601 TAX REGISTRATION By completing this application, you are also registering to file City of Kent business and occupation (B&O) tax returns. If your business activities are exempt from B&O tax, please write the reason(s) here: The City also levies a utility tax, admissions tax, and gambling tax upon certain business activities. For tax forms or additional information, visit us at KentWA.gov or contact the Tax Division at 253-856-6266. I hereby certify that the statements and information furnished by me on this application are true and complete to the best of my knowledge.) also acknowledge that the statements and information furnished by me on this application are public records and are available for public inspection pursuant to State of Washington RCW 42.17.260. I understand that issuance of this license is conditioned upon compliance at all times with all applicable ordinances, regulations and statutes of the City of Kent and State of Washington. The issuance of this business license does not imply compliance with the Zoning, Uniform Fire and B ui lding Codes. Signature: `0. `� �• Print Dame: Kenneth M. Wilson Title: General Manager Date: 07/31 /20 ......................................... INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED ........................................ FOR OFFICE USE ONLY. FL # Date Rec'd Amount Paid 8/3/2020 11:59 AM 964 6 ========================================= Permits KENNETH M WILSON Receipt # 00063671 DEPT#: 144 New Business Comm. - Half Year $50.00 Permit ID Number:221348 DEPT#: 1473 Permit Tech Fee For Business License $1.00 Permit ID Number:221348 Service Fee $1.35 KENNETH M WILSON ========================================= Total: $52.35 Credit Card $51.00 Service Fee $1.35 City of Kent 220 Fourth Avenue South Kent,WA98032 253-856-5201 customerservice@kentwa.gov Pay Your Utility Bill Online Pay.KentWA.gov Signature: Email: Signature: Email: Signature: Email: Signature: Email: Janice Applegate (Aug 4, 2020 07:12 PDT) Janice Applegate japplegate@kentwa.gov rlashley@kentwa.gov Brian Levenhagen (Aug 4, 2020 08:14 PDT) bjlevenhagen@kentwa.gov Melissa McCormick (Aug 4, 2020 08:36 PDT) Melissa McCormick cityclerk@kentwa.gov