The URL can be used to link to this page

Home My WebLink AboutCAG2021-103 - Original - JECB, LLC - James St & 2nd Ave Pedestrian Improvements - 03/08/2021ApprovalOriginator: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* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) 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. 200821 FOR CITY OF KENT OFFICIAL USE ONLY (Optional) * Memo to Mayor must be attached CAG2021-103 CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) CONSULTANT SERVICES AGREEMENT between the City of Kent and JECB, LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and JECB, LLC organized under the laws of the State of Washington, located and doing business at PO Box 832, Auburn, WA 98071, Phone: (253) 405-4654, Contact: Jamie Hicks (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide materials testing and geotechnical engineering services for the James Street and 2nd Avenue Pedestrian Improvements Project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. 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 December 31, 2022. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Four Thousand, Eight Hundred Fifty Dollars ($4,850), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. 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 City 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 this 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 perform 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 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 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 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. 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 Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred 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 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. 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 those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. / / / / / / / / / / / / / / / / / / / / / / / / 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. Its: T€dt*.^1 {)*rbf CONSULTANT: DArE: ZlTLlTl By me (title) 5 clw r ev, C Print N Its: DATE: (slgnature) rme: Chad Bieren, P.E Interim Public Works Director )F KENT; u NOTICES TO BE SEI{T TO: Jamie Hicks lEcB, LLC PO Box 832 Auburn, WA 98071 (253) 405-4654 (telephone) N/A (facsimile) COI{SULTANT: NOTIC clw € Chad B City of 220 Fat Kent, \l\ (2s3) 8 (253) B TO BE SENT TO: KENT: , P.E (telephone) 6-facsimile fth Avenue South A 98032 ATTESI Kent Cil Clerk IN WITNESS, the parties execute this which shall become effective onthe last date entered below. All a consistent with authority of this Agreement and priorto its effective date are ratified to have applied. affirmed, and the of the Agreement shall be deemed IECB - lames & 26/Shtelds CONSULTANT SERVICES AGREEMENT - 6 ($20,000 or Less) CITY OF KENT E DECLARATION UAL 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 t regulations of the City's equal employment opportunity policies. The following questions specificall contractor, subcontractor or supp response is required on all of the 1 If any contractor, subcontractor or directives outlines, it will be con: determination regarding suspensio The questions are as follows: identify the requirements the City deems necessary for any er on this specific Agreement to adhere to. An affirmative allowing questions for this Agreement to be valid and binding. supplier willfully misrepresents themselves with regard to the dered a breach of contract and it will be at the City's sole i or termination for all or part of the Agreement; 1. I have read the attached Citf of Kent administrative policy number 1.2 2. During the time of this AgrE ement I will not discriminate in employment on the basis of sex, race, color, national or gin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this AgeFentthe prime contractor will provide a written statement to all new employees and suntractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreent I, the prime contractor, will actively consider hiring and promotion of women and mi orities. S. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Phme Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill tl e five requirements eferenced above. By: For: - , Title: Date: fZ EEO COMPLIANCE DOCUMENTS - 1 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: _________________________________________ Geotechnical EngineeringDate:'1,-25-21,IECBSpecial InspectionsProject City of Kent -jamesMaterials TestingSt12"a Ave- Ped ImpConstruction InspectionsFileCrrv oF KENT220 - 4h Avenue S.Kent, WA 98032-5895Re: Proposed Scope of Services for "202'J,- James St/Z',a Ave Pedestrian Imp.- Project 20-3002'Atbr: Mr. Brian Shields, Construction InspectorAfter reviewing the project plans and specifications we have compiled a list of items that we feel will berequired for our successful completion of this contract. Below please find a list of services and their briefscope that we will provide for this contract. Our personnel will perform Quality Assurance Testing andInspection and Geotechnical Engineering.Anticipated Materials Testing Services:Fieldo In-place density testing of compacted Hot Mix Asphalt (HMA) (ASTM D 2950)o In-place density testing of soils (ASTM D 6938)o Concrete field testing and lab testing (ASTM C 39, C 1'43,C231',C1"064)Anticipated Geotechnical Engineering Services:e Verification of Subgrade.o Verification/Determination of unsuitable soils. Recommendation for remediation of unsuitable soilso Soils ClassificationOur estimate includes soil density testing assumed for backfilled materials and bases only. Subgrade soilsverificatioru testing, and inspection will also be performed. Concrete testing of the extruded curb will alsobe performed. Asphalt testing will be performed for the 2" overlay.JECB has been performing testing and inspection services in the south Puget Sound region for L5 plus years.We have successfully completed numerous large federal, cities, and county projects with similar scope tothe current project. We are amply staffed to provide excellent services in a timely manner for this projectand understand the importance of flexibility when scheduling. Therefore we can respond to last minute orunanticipated scheduling needs promptly.It is our approach that we will assign one primary inspector to provide the majority of the duties and hewill directly manage any additional staff that is required for successful completion of the project. This inour opinion allows maximum flexibility for a successful project, provides better communication betweenresponsible parties, and significantly reduces any possible lost time or costs due to communication errors orscheduling issues.If you have any questions or if JECB can be of any further assistance please call on us at (253) 405-4654.Respecffully Submitted,JECBfr^,rr-;. k;"A.Jamie HicksPhone: (253) 4054654 Email: jecboffice@gmail.comPO Box 832 Auburn WA 98071EXHIBIT A Date: 1,-25-27JECBProlect City of Kent -]amesSt/2"4 Ave- Ped impSchedule of Fees & Services, SCHEDULE A$1,900.00J. Hicks$760.00J. Hicks$2s0.00$0.00$700.00J. BellLAB TESTING SERVICES$175.00$10s.00$200.00$360.00$75.00$2s0.00$7s.00$0.00$0.00$4,8s0.00"**Overtime rates (1.5) apply for all work-over 8 hrs per shift, before 7am,after 5 pm, holidays, orweekend208505II82I21TOTALper hourper hourper hourper hourper houreacheacheacheacheacheacheachNOCHARGENOCHARGE$95.00$9s.00$s0.00$115.00$140.00$175.00$105.00$25.00$180.00$7s.00$125.00$7s.00PROFESSIONAL SERVICESAsphalVSoils wlDensometerx x *Concrete/Rebar Testin g/InspectionAdministrative ServicesConstruction/Proiect MgrStaff Engineer/GeologistAsphalt,Ignition & Gradation (ASTM D2172)Asphalt, Rice Specific Gravity (ASTM D2041)Concrete, Cylinders Compression (ASTM C39)Soil, Moisture-Density Relation (ASTMDr557)Soil, Sand Equivalent Test (ASTM D2419)Soil, Sieve Analysis includes 200 Wash(c136)Soil, Fracture Count (ASTM D5821)MileageSample Pick UpESTIMATED PROJECT TOTALContract only executed after specific Notice to Proceed (NTP) received from City of Kent.Geotechnical EngineeringSpecial InspectionsMaterials TestingConstruction InspectionsPhone: (253) 4054654 Email jecboffice@gmail.comPO Box 832 Auburn WA 98071 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 it 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: Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products -completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/23/2020 (425) 822-1368 (425) 822-2737 24082 JECB, LLC Jamie Hicks PO BOX 832 Auburn, WA 98092 A 2,000,000 X BZS56778701 6/26/2020 6/26/2021 1,000,000 15,000 2,000,000 4,000,000 4,000,000 1,000,000A BZS56778701 6/26/2020 6/26/2021 City of Kent Public Works Department 220 Fourth Avenue South Kent, WA 98032 JECBLLC-02 ELIZABETH Griffin MacLean Inc2340 130th Ave NE D150 Bellevue, WA 98005 info@griffinmaclean.com Ohio Security Insurance Co X X XX AC"R0 CERTIFICATE OF LIABILITY INSURANCE i...r-�1 DATE(MM/DD/YYYY) 12/30/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER STANFORD INSURANCE INC PO Box 189 Gig Harbor, HbWA 98335 _ NAME_, Crystal Wells —_ PHONE Ex(�:_253-874-9200 FAX No): E-MAILADDRESS:rY c stal stanfordinsurance.co_m INSURERS AFFORDING COVERAGE NAIC N INSURERA: CONTINENTAL CASUALTY INSURED JECB Inc JECB Engineering & Consulting P O BOX 832 Auburn WA 98071 INSURERS: INSURERC.- INSURER D : INSURERE: INSURER F : U0VI=KAGt5 CERTIFICATE NUMBER: REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADD UBR POLICY NUMBER POLICY EFF _JMM/DI1NY1YJ POLICY EXP AMMALDIMLYJ LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR 11 EACH OCCURRENCE $ DAA A �� RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ AGGREGATE LIMIT APPLIES PER POLICY ❑ PRO- JECT LOC GENERAL AGGREGATE $ GEN'L PRODUCTS - COMP/OP AGG $ $ OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OTH- ANDEMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? NIA STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below M C H 591896631 12/31 /2020 12/31 /2021 $2,000, 000/$2,000,000 A ERRORS & OMISISONS LIABILITY E&O LIABILITY DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) k AIVI.CLLA I IVIV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF KENT PUBLIC WORKS THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2200 4TH AVE S ACCORDANCE WITH THE POLICY PROVISIONS. KENT, WA 98032 AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of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¶V HQ JLQHHU¶V RU VXUYH\RU¶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¶V UHQGHULQJ RU IDLOXUH WR UHQGHU SURIHVVLRQDO VHUYLFHV LQFOXGLQJ WKRVH OLVWHG LQ DERYH DQG VXSHUYLVRU\ LQVSHFWLRQ DUFKLWHFWXUDO RU HQJLQHHULQJ DFWLYLWLHV 3DUDJUDSK )E 3HUVRQDO $QG $GYHUWLVLQJ ,QMXU\LV UHSODFHG E\ WKH IROORZLQJ E0DOLFLRXV SURVHFXWLRQ RU DEXVH RI SURFHVV