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HomeMy WebLinkAboutCAG2020-161 - Amendment - #3 - OTAK, Inc. - Mill Creek at 76th Avenue South Flood Protection Improvements - 11/08/2022Nancy Y for Susanne Smith Public Works 11/02/2022 11/09/2022 N/A D90121 N/A Otak, Inc.Contract Amendment Mill Creek at 76th Avenue S. Flood Protection Improvements Provide additional final design services for the project. $36,827 Other 11/3/22 AMENDMENT - 1 OF 2 AMENDMENT NO. 3 NAME OF CONSULTANT OR VENDOR: Otak, Inc. CONTRACT NAME & PROJECT NUMBER: Mill Creek at 76th Avenue S. Flood Protection Improvements ORIGINAL AGREEMENT DATE: June 4, 2020 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor’s work is modified as follows: 1.Section I of the Agreement, entitled “Description of Work,” is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Provide additional final design services for the project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. 2.The contract amount and time for performance provisions of Section II “Time of Completion,” and Section III, “Compensation,” are modified as follows: Original Contract Sum, including applicable WSST $ Net Change by Previous Amendments including applicable WSST $ Current Contract Amount including all previous amendments $ Current Amendment Sum $ Applicable WSST Tax on this Amendment $ Revised Contract Sum $ Original Time for Completion 12/31/21 (insert date) Revised Time for Completion under 12/31/22 prior Amendments (insert date) Add'I Days Required (f) for this 181 calendar days Amendment Revised Time for Completion 6/30/23 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CON ULTAN '/VENDOR: CITY OF KENT: ci� vr- 4dBy: B- '—N -- — — (signature; (signature) Print Name: NicoVanderhorst Print Name: Dana Ralph Its Principal Its Mayor (title) (title) DATE: 11 /2/2022 DATE: 11 /8/2022 ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent City Clerk Kentiaw Depart, �nt Otak - Mill Creek at 7611 Amd 3/Smith AMENDMENT — 2 OF 2 Otak _. a 0,04, 1 K", A 6 �. Exhibit A City of Kent Mill Creek at 76th Avenue S Flood Protection Improvements Final Design Otak Project No. 33048 Scope of Services Amendment 3 This amendment covers the following additions to the scope of work in response to requested changes to the typical stream cross-section and wood design: • Manually change cross -sections in the zero -rise analysis and review the draft report for changes • Revisions to wood design to add details and location points for additional wood as requested by the Muckleshoot tribal representatives • Revisions to the grading design to address cross-section changes • Revisions to wall design including updated plan view, elevation views, details and calculations to address cross-section changes • Address up to five (5) topics that arise during final design coordination with one meeting for each topic to select the best solution Project Management Additional time is included to cover the added coordination and incorporated into the tasks below. Task 1: Alternatives Analysis No change Task 2: 30-Percent Stream Geometry Design 2.1 30-Percent Stream Design No change 2.1.1 Hydraulic Analysis No change 2.2 Sediment Source Management Design No change 2.3 Off -site Stormwater Management Design No change 2.4 Permitting Agencies Coordination k:lprojectk33000k33048kcontractk33048a final designlamendment 312022 1026 mill creek scope amendment 3.docx 11241 Willows Road NE, Suite 200 Redmond, WA 98052 • Phone (425)822-4446 Fax (425)827-9577 otak.com Mill Creek at 76"' Avenue S Flood Protection Improvements Project — Final Design — Amendment 3 Page 2 October 26, 2022 Assumptions: ■ Negotiations with regulatory agencies is complete and no revisions will be required to obtains permits. 2.5 Streambank Restoration Design No change. Task 3: 50-Percent Stream Geometry Design No change. 3.1 Sediment Source Management Design Work previously deleted. Task 4: 50-Percent Bridge and Retaining Wall Design Task 4.1 Bridges No change. Task 4.2 Retaining Walls No change. Task 5: Technical Information Report and Other Reports 5.1 Technical Information Report No change. 5.2 Floodplain Compensatory Storage Analysis No change. 5.3 Zero -Rise Analysis and Report Additional work for the zero -rise analysis tasks will include: • Due to cross-section changes, the cross -sections in the model will be manually revised in the zero -rise analysis and the model will be re -run • The draft report will be reviewed for changes. Assumptions: ■ The model results will not change to show a rise that requires mitigation. Task 6: 1007 Stream Geometry Design The revisions to the cross-section require changes to the grading. Revisions will also be made to reflect a greater amount of wood in the stream. The additional work will also include preparation of additional details and calculations, and revisions to plan, special provisions, quantities and cost estimate. The design team will respond to questions and make minor design revisions as needed during final coordination of the City's design with Otak's design, for example, modifications to the swale at the northeast corner of the 76"' Avenue bridge. k:lprojectk33000k33048kcontractk33048a final designlamendment 312022 1026 mill creek scope amendment 3.docx Mill Creek at 761" Avenue S Flood Protection Improvements Project — Final Design — Amendment 3 Page 3 October 26, 2022 Deliverables: PDF files for each deliverable CADD files Revised 100-percent plans Revised Special provisions Revised 100-percent cost estimate Task 7: 1007 Bridge and Retaining Wall Design Task 7.1 Bridges Revisions will be minor, only affecting the elevation view of the Bridge Layout Sheet. The design team will respond to questions and make minor design revisions as needed during final coordination of the City's design with Otak's design, for example, updating the bridge barrier, wing walls, and approach slab in coordination the City's design of the driveway geometry. Task 7.2 Retaining Walls Due to the change in cross-section, the bottoms of retaining walls will be lowered, resulting in greater wall area. Additional calculations and design revisions will be performed, along with updates to the plans, special provisions, quantities and cost estimates. The design team will respond to questions and make minor design revisions as needed during final coordination of the City's design with Otak's design, for example, providing details for fence/gate support on retaining walls, or adjusting top of wall elevations. Deliverables: ■ Revised 100-percent plans including Bridge Layout Sheet and Retaining Wall Sheets ■ Revised Special Provisions ■ Revised 100-percent cost estimate The estimated number of sheets for all tasks expanded from 78 in Amendment 1 to 94 in Amendment 2. Several of these additional sheets can be explained by rearranging the information to be less cluttered, and therefore did not require additional effort. The additional walls generated an additional five sheets requiring additional effort for these walls. Task 8: Bridge Hangers for Gas Main Otak will provide design of bridge hangers for a gas main on the outer edge of the north driveway bridge. k:lprojectk33000k33048kcontractk33048a final designlamendment 312022 1026 mill creek scope amendment 3.docx A2 s X w 1 y As m r Co J X ra a) 0 00 m J N U cp, (m a;O) aMo_ aao_ p C � allo � allo_ �sel /Cq aa3 le�ol v► 4 � 04 co co 64), 641� cO n v Lo v 1- N ()iej0) sano1l le;ol co N Al 00 NLO gOal 6ulaaaul6u3 O 'ITN O co N O N0-) O O� v Ef3 40 C) Al 1091NON C) madeospuel U fp EA J edeospuel o Al 30 cc)N O v N L i° o o CD 0 IIIn 30 v cc) v �c cC _O N fA ER O N O /U30 (D N (D 0 m o n O A30 C',CD NvD O a0 O Lo is 3 CO v oo v N O oo �; O O" a X Jaaul6u3 Ilnlo N N N N O CD O N 3 H3 v_1 O cl C @ .9 = 01 cm aai m O o N a O c m c N c '0cc m U cm .0 c c w 0 a m >' L o An N m M .— U m rn U 3 c d > m c as w ur mm �� mac— y mm a�w a o E > c 0 m c > f6 v> w O N 74 � cc > oc oc O o av � m,q � o� co co NN C, am oN o o 3 -o rn C) v co .N _ 0 ID (n m o o) c v c o c a o o cc cm O o w w� w c N c = JM m U f a a�i L a> o 'f m co c _ 5 'p m Ma N N O y 6 M H Z uO cD cD ri r— n co Client#: 53352 OTAKINC ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 12/23/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS ^;ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES GLOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED rtEPRESENTATIVE 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMEACT Carly Underwood Greyling Ins. Brokerage/EPIC AICONNo Ext�. 770.670.5324 AIc 3780 Mansell Road, Suite 370 E-MAIL s: carly.underwood@greyling.com Alpharetta, GA 30022 AbOREINSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Travelers Indemnity Company of America 25666 INSURED INSURERS: Travelers Prop Casualty Co of America 25674 Otak, InC. INSURER C : Berkley Insurance Company 32603 808 SW Third Avenue, Suite 800 INSURER DCharter Oak Fire Insurance Co. 125615 Portland, OR 97204 INSURER E UUVLKAGtS CERTIFICATE NUMBER: 22-23 REVISION NUMBER! THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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. ILTRR1 TYPE OF INSURANCE ADDL';SUBRf POLICY EFF POLICY ExP INSR ;�WVD POLICY NUMBER (MM/DD/YYYYI (MM/DD/YYYYI LIMITS ,4 I X COMMERCIAL GENERAL LIABILITY 6805H242469 D1/01/2022 0110112021 EACH OCCURRENCE $1 000 000 LLDAMAGEETp RENTED CLAIMS -MADE L XI OCCUR I PREMISES[Eaoccurrence) $1,000,000 8103R284328 CUP5C857081 D1/01/2022 01/01/202 MED EXP (Any one erson) $5 PERSONAL & ADV INJURY $1 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY FIX JECT FX LOC OTHER: GENERAL AGGREGATE $ 2 PRODUCTS - COMP/OP AGG $ 2 $ 'AUTOMOBILE ix LIABILITY ANY AUTO OWNED SCHEDULED AUTOSONLY AUTOS IRED AUTOONLY AUTOS ONLY X COl4tBINEOSINGLELim7 Ea accident 1 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE$ Per accldeht B X UMBRELLA LAB X EXCESS LIAB OCCUR CLAIMS-MADEF D1/01/2022 01/01/202 EACH OCCURRENCE $1 AGGREGATE $1 WORKERS COMPENSATION PER AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICERIMEMHER EXCLUDED? F N / A EL. EACH ACCIDENT $ (Mandatory in NH) EL. DISEASE - EA EMPLOYEE $ If yes, describe under .. DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ C Professional AEC905140101 1/01/2022 01/01/2021 Per Claim $2,000,000 Liability Aggregate $4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: Project #33048.A; Mill Creek at 76th Avenue South Flood Protection Improvements Project. The City of Kent is named as an Additional Insured with respects to General & Automobile Liability where required by written contract. The above referenced liability policies with the exception of workers compensation and professional liability are primary & non-contributory where required by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. Should any of the above (See Attached Descriptions) 000 City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent, WA 98032-0000 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S3035429/M3034969 C U N D 1 DESCRIPTIONS (Continued from Page 1) described policies be cancelled by the issuing insurer before the expiration date thereof, we will endeavor to provide 30 days' written notice (except 10 days for nonpayment of premium) to the Certificate Holder. SAGITTA 25.3 (2016/03) 2 of 2 #S3035429/M3034969 Client#: 53352 OTAKINC ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1 12/23/2021 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 NAME: Carly Underwood A/Co"N E,�:770.670.5324 �c No: E-MAIL uerwoore ADDRESS: cart yndd @gIln Y • g•com Alpharetta, GA 30022 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Travelers Indemnity Company of America 25666 INSURED INSURER B : Travelers Prop Casualty Co of America 25674 Otak, Inc. 808 SW Third Avenue, Suite 800 Portland, OR 97204 INSURER C : Berkley Insurance Company 32603 INSURER DCharter Oak Fire Insurance Co. 25615 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 22-23 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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. LT R LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY 6805H242469 1/01/2022 01/01/2023 EACHOCCURRENCE $1 000000 CLAIMS -MADE � OCCUR PREMISES ERENTED nce $1 000 000 MED EXP (Anyone person) s5,000 PERSONAL & ADV INJURY $1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY XI JECOT [XILOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: D AUTOMOBILE LIABILITY BA3R284328 1/01/2022 01/01/202 Ea aINED acid.",) SINGLE LIMIT $1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY B X UMBRELLA LIAB X OCCUR CUP5C857081 1/01/2022 01/01/2023 EACH OCCURRENCE $10000000 AGGREGATE $1 O 000 000 EXCESS LIAB CLAIMS -MADE DED I X RETENTION $1 O 000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A PER OH - STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ C Professional AEC905140101 1/01/2022 01/01/202 Per Claim $2,000,000 Liability Aggregate $4,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Project #33048.A; Mill Creek at 76th Avenue South Flood Protection Improvements Project. The City of Kent is named as an Additional Insured with respects to General & Automobile Liability where required by written contract. The above referenced liability policies with the exception of workers compensation and professional liability are primary & non-contributory where required by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. Should any of the above (See Attached Descriptions) IL" a Gi I I a L7f_11 I a• i PJ A.J aC AL\C Nf AAAGU Lai City of Kent 220 Fourth Avenue South Kent, WA 98032-0000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ,6'r°(a' ACORD 25 (2016/03) 1 of 2 #S3035429/M3034969 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CUND1 DESCRIPTIONS (Continued from Page 1) described policies be cancelled by the issuing insurer before the expiration date thereof, we will endeavor to provide 30 days' written notice (except 10 days for nonpayment of premium) to the Certificate Holder. SAGITTA 25.3 (2016103) 2 of 2 #S3035429/M3034969 / CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/29/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Oksana Chorna NAME: Elliott Powell Baden and Baker Inc. HONN Ext : (503) 227-1771 A No): (503) 274-7644 E-MAIL ochorna@epbb.com ADDRESS: An ISU Network Member INSURER(S) AFFORDING COVERAGE NAIC # 1521 SW Salmon Street INSURERA: SAIF Portland OR 97205-1783 INSURED INSURER B : INSURER C : Otak Inc. INSURER D : 808 SW 3rd Ave Ste 800 INSURER E : INSURER F: Portland OR 97204 COVERAGES CERTIFICATE NUMBER: 22/23 WC 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 INSURANCEADDLSUBR INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS MERCIAL GENERAL LIABILITY EACH OCCURRENCE $ TO TED 4-lom CLAIMS -MADE OCCUR PREM IS Ea oDAMAGE ctc rrence $ IVIED EXP (Any one person) $ PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PRO - POLICY ❑ LOC PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LAB CLAIMS -MADE DED I I RETENTION $ $ A❑ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A 487431 01/01/2022 01/01/2023 PER /� STATUTE ERH E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Mill Creek at 76th Ave. S. Flood Protection Improvements Project CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South; AUTHORIZED REPRESENTATIVE Kent WA 98032 69k"1111`111111 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY Pal i cat Number: 6805H242469 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 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury'; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section III — Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 09 15 a 2015 The Travelers Indemnity Company. All rights reserved. Pagel of 2 Includes the copyrighted material of insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to d❑ so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; %. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 a 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 09 15 Includes the copyrighted material of insurance Services Office, Inc., with its permission Policy Number [sI*L►IIT, 14.Z4111UvrT Ci7 BA3R284328 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and Is not covered. A. BROAD FORM FAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE —GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11—COVERED AUTOS LIABILITY COVERAGE: Any Organization you newly acquire or farm dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the and of the policy period, which- ever is earlier. The following is added to Paragraph c. in A.1_, Who Is An Insured, of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H, HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE —INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES —INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section 1I. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION Il — COV- ERED AUTOS LIABILITY COVERAGE; An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV -- BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 02 15 0 2015 The Travelers indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services office. Inc. with its permission. COMMERCIAL AUTO permission, while performing duties related to the conduct of your busi- ness. However, any "autd' that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11— COVERED AUTOS LIABILITY COVERAGE - Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bait bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.14j, of SECTION II -- COVERED AUTOS LIABIL- ITY COVERAGE: (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada; (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (it) Neither you nor any other involved "insured" will make any settlement without our consent. (III) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit"_ (Iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury, or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such E. MIRED AUTO — LIMITED WORLDWIDE COV- but only up to and included ERAGE — INDEMNITY BASIS within within the limit described in Para - The following replaces Subparagraph (5) in Para- graph C., Limits Of insurance, of graph B.T., Policy Period, Coverage Territory, SECTION 11 — COVERED AUTOS of SECTION IV -- BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (G) This insurance is not a substitute for re - and that is not an "auto" you lease, hire, rent gutted ❑r compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 Q 2015 The Travelers Inderr.ni y Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. You agree to maintain all required or compulsory insurance in any such ocun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) it is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE - No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A.4-b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION Ill — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto' of the private passenger type. J. PERSONAL PROPERTY COMMERCIAL AUTO (2) in or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (a) Any "employee" authorized by you to give no- tice of the "accident" or"loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -- BUSINESS AUTO CONDI- TIONS: The following is added to Paragraph AA., Cover- S. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III - PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex - We will a u to $400 for 'loss" to wearing a tent required of you by a written contract pay p 9 P- signed and executed prior to any "accident" parel and other personal property which is: or "loss", provided that the "accident" or "loss" (1) Owned by an "insured'; and arises out of operations contemplated by CA T3 53 02 15 02015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract_ prejudice your rights under this insurance. How- N, UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col - The following is added to Paragraph B.2., Con. lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non -renewal. SECTION IV — BUSINESS AUTO CONDITIONS: Page 4 of 4 0 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 fit 15 Indudes copyrighted material of Insurance Services office, Inc. with its permission.