HomeMy WebLinkAboutPK06-026 - Original - Berger/Abam Engineers, Inc. - Lake Meridian Boat Launch Construction Documents - 01/30/2006 Records Man'doogement',e
KENT Document
WASHINGTON
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, lease contact Mar Simmons, City
P P Y q P Y Y
Clerks Office.
Vendor Name: en-
Contract Number:
This is assigned by Mary Simmons
Vendor Number: � 3���
Project Name: _�G�� ���
Contract Effective Date:
Contract Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: /'Dom
Department:
Abstract:
ADCL7832 07/02
KENT
WPS HINOT..
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Berger/Abam Engineers, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Berger/Abam Engineers, Inc. organized under the laws of the State of Washington,
located and doing business at 720 Olive Way, Suite 1100, Seattle, Washington 98101 (hereinafter the
"Consultant")
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following described
plans and/or specifications:
Provide engineering services for the development of construction drawings and specifications
and provide project management and coordination with the City of Kent for the Lake Meridian
Boat Launch Boarding Float as described in the Consultants Fee Estimate dated January 11, 2006
attached and incorporated as Exhibit A.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices in effect at the time those services are performed.
IL 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 Upon the effective date of this
Agreement, Consultant shall complete the work described in Section I by September 30, 2006.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty-
Four Thousand, Seven Hundred, Seventy-Three Dollars and NO/100ths ($24,773 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 fornl of a negotiated and executed supplemental
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 o f t he i nvoice n of i n dispute. I n that e vent, the p arties w ill i mmediately in ake every
effort to settle the disputed portion.
CONSULTANT SERVICES AGREEMENT- 1
(Over$10,000)
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement and that 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.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of this
Agreement After termination, the City may take possession of all records and data within the Consultant's
possession pertaining to this project, which may be used by the City without restriction If the City's use of
Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the
Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates Consultant shall execute the
attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of
this Agreement, except for that portion of the injuries and damages caused by the City's negligence
The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to
avoid any of these covenants of indemnification
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24 115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees,
agents and volunteers, the Consultant's liability hereunder 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.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work
under this Agreement
CONSULTANT SERVICES AGREEMENT-2
(Over$10,000)
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City All records submitted by the City to the Consultant will be safeguarded by the
Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request.
The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone
other than Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. E ven though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, t he w ork in ust in eet t he a pproval o f t he C ity and s hall b e subject t o t he C ity's general r ight o f
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be
done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools,
or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3 80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price preference
may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement
in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements
or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute,
difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving
that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction
of the King County Superior Court, King County, Washington, unless the parties agree in writing to an
alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties'
performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending
or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided,
however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section
VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice
hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as may be hereafter specified in writing
E. Assignment. Any assignment of this Agreement by either party without the written consent of
the non-assigning party shall be void If the non-assigning party gives its consent to any assignment, the terms
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent.
CONSULTANT SERVICES AGREEMENT-3
(Over$10,000)
F. Modification No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant
G. Entire Agreement. The written provisions and terns of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the
City, and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner this Agreement. All of the above documents are hereby made a part of this Agreement.
However, should any language in any of the Exhibits to this Agreement conflict with any language contained in
this Agreement, the terms of this Agreement shall prevail
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations.
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last
date entered below.
CONSULTANT: CITY OF KENT:
By: 6�IBy-
(signature) (signature)
Elmev W. dzoloh
Print Name. t mms ^ Kfttsn Print ame: Suzette Cooke
Its 4Lre}o:il3ng�^AAr tGe Praq" Its Mayor
(Title) ( rtle)
DATE- 120 2a66 DATE:
CONSULTANT SERVICES AGREEMENT-4
(Over$10,000)
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Louis Klusmeyer Shane Gilbertson, Project Manager
Berger/Abaco Engineers, Inc. Kent Parks, Recreation & Community Services
720 Olive Way, Suite 1100 220 Fourth Avenue South
Seattle, WA 98101 Kent, WA 98032-5895
(206) 357-5600 (telephone) (253) 856-5115 (telephone)
(206) 357-5601 (facsimile) (253) 856-6050 (facsimile)
APPfROVED AS TO FORM:
Dent Law D pa ment
Lake Mendian Boat Launch Construction Documents
CONSULTANT SERVICES AGREEMENT-5
(01'e7 510 000)
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.
Dated tlus day of�,"44q 2006.
By:
For:
Title: „
Date:
EEO COMPLIANCE DOCUMENTS- 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES• April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY '
Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All
contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity
within their organization and, if holding Agreements with the City amounting to $10,000 or more within any
given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal
opportunity employer.
2 Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and
equal opportunity requirements shall be considered in breach of contract and subject to suspension or
termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works
Departments to assume the following duties for their respective departments
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are
familiar with the regulations and the City's equal employment opportunity policy.
2. Momtonng to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS-2
t .
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 Berger/Abam Engineers, Inc. Company, hereby
acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement
known as Lake Meridian Boat Launch Construction Documents 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.
Dated this day of , 2006.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS-3
EXHIBIT A
KENT PARKS, RECREATION&COMMUNITY SERVICES
Lake Meridian Boat Launch Boarding Float
Fee Estimate for Professional Services BERGER/ABAM
E NS I NE t RS INC
i
BERGER/ABAM-STAFF HOUR SUMMARY Revision Date 11 January 2006
Principal Protect Senior Techm- CADD
Manager Engmeer Engineer clan Drafter Admm
Item $175 00 $139 00 $120 00 $90 00 $77 00 $75 00 $60 00 Totals
Prepare Construction Documents
Drawings
Cover Sheet/Drawing Index 1 4 8 $1,099 00
Site Pland and General Notes 2 8 16 $2,198 00
Dredging Plan and Section 2 12 24 S3,158 00
Elevations and Float Details 2 12 24 $3,158 00
Abutment, Pier, and Ramp Details 2 12 24 $3,158 00
Specifications 4 40 8 S4 636 00
Specifications- Dredging 2 16 4 $1 958 00
Engineer's Estimate 2 12 $1,358 00
Coordination Meetings with Park's Dept 4 4 $916 00
Project Management/Coordination/QC 2 8 8 $1,942 00
Total Hours 2 29 0 120 0 96 20 267
Labor Cost $350 $4,031 $0 $10,800 $0 $7,200 $1,200 $23,581
(Note Labor rates include overhead+profit
Subtotal Labor $350 $4,031 $0 $10,800 $0 $7,200 $1,200 $23,581
Expenses Sub-Consultants
Subtotal $0
00 8%Markup $0
es Total Sub-Consultants $0
,� �J� Other ExpensSub-Consultants/YVrpr")V �/ CADD Computer Time 96 $10 00 /Hour $963
Q Travel 250 $$50 /Mile Sill
\ti Reproduction and Shipping 2 $50 /Each $100
S� y Boat Rental /Day $0
Expense Subtotal without Cadd $211
10%Markup S21
Total Other Expenses S1,192
Subtotal Expenses and markup $1,192
TOTAL COST $24,773
Page 1 Kent-Parks-Lake Meridian_01-11-06 As
- - - - - - - 0
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSTRUCTION PROJECTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, their agents,
representatives, employees or subcontractors
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile 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 and personal injury and
advertising injury The City shall be named as an insured under the
Contactor's Commercial General Liability insurance policy with
respect to the work performed for the City
3. Excess Liability insurance covering both the Commercial General
Liability and Automobile policies.
4. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Contractor shalt maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit
for bodily injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no
less than $1,000,000 each occurrence, $1,000,000 general aggregate
and a $1,000,000 products- completed operations aggregate limit.
3. Excess Liability insurance shall be written with limits no less than
$1,000,000 per occurrence in excess of both the CGL and Auto
Liability policies cited above.
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.
1. The Contractor's insurance coverage shall be primary insurance as respect the
City Any insurance, self-insurance, or insurance pool coverage maintained
by the City shall be excess of the Contractor's insurance and shall not
contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall not
be cancelled by either party, except after thirty(30) days prior written notice
by certified mail, return receipt requested, has been given to the City
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf of
the contractor and a copy of the endorsement naming the City as additional
insured shall be attached to the Certificate of Insurance. The City reserves
the right to receive a certified copy of all required insurance policies. The
Contractor's Commercial General Liability insurance shall also contain a
clause stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the limits of
the insurer's liability.
D. Contractor's Insurance For Other Losses
The Contractor shall assume full responsibility for all loss or damage from any cause
whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or
motor velucles owned or rented by the Contractor, or the Contractor's agents, suppliers or
contractors as well as to any temporary structures, scaffolding and protective fences
E. Waiver of Subrogation
The Contractor and the City waive all rights against each other any of their
Subcontractors, Sub-subcontractors, agents and employees, each of the other, for
damages caused by fire or other perils to the extend covered by Builders Risk insurance
or other property insurance obtained pursuant to the Insurance Requirements Section of
this Contract or other property insurance applicable to the work. The policies shall
provide such waivers by endorsement or otherwise.
F. Acceptability of Insurers
Insurance is to be placed with insurers with a current AM Best rating of not less than
A:VII
G. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the Automobile Liability and Commercial General Liability
insurance of the Contractor before commencement of the work.
H. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated herein
for the Contractor.
ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE1/13/06Y'
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ACOrdla ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
520 Pike Street, 20th Floor HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Seattle, WA 98101
206-701-5000 INSURERS AFFORDING COVERAGE
INSURED Berger/Abam Engineers, Inc INSURER A Hartford Casualty CO
33301 9th Avenue South INSURER B Twin C ty Fire Ins Co
Federal Way WA 98003 INSURER Co-Tinental Casualty CO
wsuRER D Ea le Pacific
INSURER
COVERAGES
THE POL CIES 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 AGGREGATE LIMITS SHOWN MAY HAVE BEFN REDUCED BY PAID CLAIMS
INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POI'CY EXPIRATION LIMITS
TR M YYi AT VYl
A G-NERAL LIABILITY 52UUNUM4172 5/01/05 5/Ol%06 EACH OCCURRENCE $ 1000000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ 300000
CLAIMS MADE FxI OCCUR MED ESP(Any one person) $ 10000
PERSONAL&ADV INJURY $ 1000000
GENERAL AGGREGATE $ 2000000
GEN LAGGREGATE_IMIT APPLIES PER PRODLCTS CON'P"CP AGO $ 2000000
POLICY oEOT LOC
A AUTOMOBILE LIABILITY 52UUNUM4172 5/01/05 5/01106 COMBINED SINGLE LIMIT $ 1000000
X ANY AUTO (Ea acaderu
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
HIRED AUTOS
BODI_�INJURV $
NON OWNED AUTOS (Per a-cadent)
PROPERTY DAMAGE $
(Per cmdent)
GARAGE LIABILITY AUTO ONLY -A ACCIDENT $
ANY AUTO OTHER THAN A ACC $
AUTO ONLY AGG $
EXCESS-ABILITY EACH OCCURRENCE $
OCCUR F—ICLAIMS MADE AGGREGATE $
8
DEDUCTIBLE $
RETENTION $ $
WC U TH
B WORKERS COMPENSATION AND 52WENP1337 5/01/05 5/01/06 X ORV IAIT OER
EMPLOYERS LIABILITY
E L EACH ACCIDENT $ 1000000
D USL&H 5S0300155 E L DIS=AS= EA EMPLOYEE $ 1000000
E L DISErSE POLICY LIMIT $ 1000000
G OTHER AEA113852999 7/01/05 7/01/06
PROF LIAB $5 MIL/CLAIM $5 MIUAGGREGATE
DESCRIPTION OF OPERATIONS,'LOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTrSPEOAL PROVISIONS
SEE ATTACHMENT FOR ADDITIONAL INSURED WORDING
A04132 LAKE MERIDIAN BOAT LAUNCH
CERTIFICATE HOLDER ADDITIONAL INSURED INSURER LETTER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION
City of Kent DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
Attn Joan Broom NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL
220 4th Avenue South IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR
Kent, WA 9803 2-5895 REPRESENTATIVES
AUTH IZED REPR T
ACORD 25-S (7/97) 11 38 0 ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)
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)
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing msurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon
ACORD 25-S (V97)
INSURED: BERGER/ARAM ENGINEERS, INC.
ATTACHMENT TO CERTIFICATE FOR CITY OF KENT
RE: LAKE MERIDIAN BOAT LAUNCH IMPROVEMENTS PROJECT. (A04132)
THE CITY OF KENT, ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND
VOLUNTEERS ARE ADDITIONAL INSUREDS UNDER GENERAL LIABILITY AS
RESPECTS THEIR INTERESTS IN THE INSURED OPERATIONS OF THE NAMED
INSURED REGARDING THE PROJECT AS SHOWN ABOVE PER THE ATTACHED
COVERAGE FORM HG 00 01, PAGES 8 , 9, 10, 11 & 12 . COVERAGE IS PRIMARY
AND NON-CONTRIBUTORY. DJT
f. Prejudgment Interest awarded against the Insured on So long as the above conditions are met, attorneys'fees
that part of the judgment we pay If we make an offer Incurred by us in the defense of that Indemnftee,
to pay the applicable limit of insurance,we will not pay necessary litigation expenses incurred by us and
any prejudgment interest based on that period of time necessary litigation expenses incurred by the indemnitee
attar the offer at our request will be paid as Supplementary Payments.
g. All interest on the full amount of any judgment that Notwithstanding the provisions of Paragraph 2.b.(2) of
accrues after entry of the judgment and before we Section I — Coverage A — Bodily Injury And Property
have paid, offered to pay, or deposited in court the Damage Liability, such payments will not be deemed to
part of the judgment that is within the applicable limit be damages for'bodily injury'and'property damage' and
of insurance, will not reduce the limits of Insurance,
These payments will not reduce the limits of insurance. Our obligation to defend an insureds indemnitee and to
2. If we defend an Ensured against a 'suit' and an pay for attorneys'fees and necessary litigation expenses
9 as Supplementary Payments ends when:
indemnitee of the insured is also named as a party to the i
'suit',we will defend that indemnitee if all of the following a• We have used up the applicable limit of insurance in i
conditions are met: the payment of judgments or settlements, or I
a. The 'sutt' against the indemnitee seeks damages for b. The conditions set forth above, or the terms of the
which the insured has assumed the liability of the agreement described in Paragraph f. above, are no
longer met
indemnitee in a contract or agreement that is an !
'Insured contract; SECTION iI -WHO IS AN INSURED
b. This insurance applies to such liability assumed by 1. if you are designated in the Declarations as:
the insured; a. An Individual, you and your spouse are Insureds, but
c. The obligation to defend,or the cost of the defense of, only with respect to the conduct of a business of !
that indemnitee, has also been assumed by the which you are the sole owner
Insured in She same°insured contract'; b. A partnership or joint venture, you are an Insured.
d. The allegations in the 'suit' and the information we Your members, your partners, and their spouses are i
know about the 'occurrence' are such that no conflict also insureds, but only with respect to the conduct of
appears to exist between the Interests of the insured your business.
and the interests of the indemnitee; c. A limited liability company,you are an insured Your
e. The Indemnitee and the insured ask us to conduct and members are also Insureds, but only with respect to j
control the defense of that indemnitee against such the conduct of your business Your managers are i
'cult' and agree that we can assign the same counsel Insureds, but only with respect to their duties as your
to defend the insured and the indemnitee;and managers.
If. The Indemnftes: d. An organization other than a partnership,joint venture 1
(1) Agrees In writing to: or limited liability company, you are an insured. Your
'executive officers' and directors are insureds, but
(a) Cooperate with us in the investigation, only with respect to their duties as your officers or
settlement or defense of the'suits; directors. Your stockholders are also insureds, but
(b) Immediately send us copies of any demands, only with respect to their liability as stockholders
notices, summonses or legal papers received e. A trust, you are an insured. Your trustees are also
In connection with the"suit'; insureds, but only with respect to their duties as
(c) Notify any other insurer whose coverage is trustees.
available to the indemnitee;and 2. Each of the following is also an insured:
(d) Cooperate with us with respect to coordinating a. Your'volunteer workers' only while performing duties
other applicable insurance available to the related to the conduct of your business, or your
indemnitee; and 'employees', other than either your 'executive
(2) Provides us with written authorization to: officers' (if you are an organization other than a
(a) Obtain records and other Information related to partnership, joint venture or limited liability company)
the'suit*;and or your managers (if you are a limited liability
company), but only for acts within the scope of their
(b) Conduct and control the defense of the employment by you or while performing duties related
indemnitee in such'suit', to the conduct of your business
Page aofl6pr,,, 1lTLtn r�1�-->�r� -�Oc' Qi�7C"ll�lAr� /. i✓14( i _HG00011001
However, none of these 'employees' or 'volunteer e. Any subsidiary,and subsidiary thereof,of yours which
workers°are Insureds for. is a legally incorporated entity of which you own a
(1) 'Bodily Injury'or'personal and advertising Injury': financial Interest of more than 50%of the voting stock
(a) To you,to your partners or members(If you are on the effective date of the Coverage Part.
a partnership or joint venture), to your The insurance afforded herein for any subsidiary not
members (11 you are a limited liability named in this Coverage Part as a named insured
company), to a co-'employee' while in the does not apply to Injury or damage with respect to
course of his or her employment or performing which an Insured under this Coverage Part is also an
duties related to the conduct of your business, insured under another policy or would be an insured
or to our other 'volunteer workers° while under such policy but for its termination or the
y exhaustion of its limits of insurance.
performing duties related to the conduct of your
10 business; S. With respect to 'mobile equipment' registered in your
name under any motor vehicle registration law, any
(b) To the spouse, child, parent, brother or sister person is an Insured while driving such equipment along
of that co-°employee' or that 'volunteer a public highway with your permission, Any other person
worker' as a consequence of Paragraph (1)(a) or organization responsible for the conduct of such
o above; person is also an insured, but only with respect to liability
N (c) For which there is any obligation to share arising out of the operation of the equipment, and only If
r- damages with or repay someone else who no other insurance of any kind is available to that person
It must pay damages because of the injury or organization for this liability However, no person or
ra described in Paragraphs(1)(a)or(b)above;or organization Is an insured with respect to:
N (d) Arising out of his or her providing or failing to a. 'Bodily injury'to a co'employee'of the person driving
o provide professional health care services the equipment,or
o unless he or she is a nurse, emergency b. 'Property damage'to property owned by,rented to, In
medical technician or paramedic employed to the charge of or occupied by you or the employer of
provide such services.EON any person who is an insured under this provision.
(2) 'Property damage'to property: 4. Any organization you newly acquire or form, other than a
(a) Owned,occupied or used by, partnership,joint venture or limited liability company, and
over which you maintain ownership or majority interest,
(b) Rented to,in the care,custody or control of, or over which physical control is being exercised will qualify as a Named Insured if there is no other similar
for any purpose by Insurance available to that organization However:
_
you,any of your 'employees', 'volunteer workers', a. Coverage under this provision is afforded only until
the 180th day after you acquire or form the
any partner or member(if you are a partnership or organization or the end of the policy period,whichever ;
joint venture), or any member(if you are a limited
liability company) Is earlier;
b. Any person (other than your lemployeel or'volunteer b. Coverage A does not apply to 'bodily Injury' or
worker'), or any organization while acting as your real property damage that occurred before you acquiredor farmed the organization;and
estate manager.
= Coverage B does not apply to 'personal and '
c. Any person or organization having proper temporary c.� advertising Injury' arising out of an offense committed
custody of your property if you die,but only: before you acquired or formed the organization
(i) With respect to liability arising out of the S. With respect to watercraft you do not own that is less than
maintenance or use of that property;and 51 feet long and is not being used to carry persons for a
(2) Until your legal representative has been charge, any person is an Insured while operating such
appointed watercraft with your permission Any other person or
d. Your legal representative if you die, but only with organization responsible for the conduct of such person is
respect to duties as such That representable will also an Insured, but only with respect to liability arising
t3 have all your rights and duties under this Coverage out of the operation of the watercraft,and only if no other
Part, insurance of any kind is available to that person or
organization for this liability.
HQ00011001 Page 901Is
However, no person or organization is an insured with (g) Products which,after distribution or sale by
respect to: you,have been labeled or relabeled or used as
a. "Bodily Injury• to a co-'employes' of the person a container,part or ingredient of any other
operating the watercraft;or thing or substance by or for the vendor
b. °Property damages to property owned by, rented to, in (2) This insurance does not apply to any Insured
the charge of or occupied by you or the employer of person or organization, from whom you have
any person who is an insured under this provision acquired such products, or any ingredient, part or
container, entering into, accompanying or
¢r 6. The following are also an insured when you have agreed, containing such products
in writing, in a contract or agreement that another person
or organization be added as an additional insured on your b. Any person or organization from whom you lease
policy, provided the Injury or damage occurs subsequent equipment; but only with respect to their liabllty
to the execution of the contract or agreement arising out of the maintenance, operation or use by
However, no such person or organization is an insured you of equipment leased to you by such person or
under this provision if such person or organization is organization,A person's or organization's status as an
Included as an insured by an endorsement issued by us insured under this paragraph ends when their contract
and made a art of this Coverage Part or agreement with you for such leased equipment
P 9 ends.
a. Any person or organization (referred to below as With respect to the Insurance afforded these
vendor), but on)y with respect to 'bodily injury' or additional Insureds,the following additional exclusions
°property damage" arising out of 'your products' apply-,
which are distributed or sold in the regular course of This insurance does not apply:
the vendor's business, subject to the following 1. To any 'occurrence' which takes place after the
additional exclusions: equipment lease expires;
(1) The insurance afforded the vendor does not apply 2. To 'bodily Injury' or'property damage' arising out
to: of the sole negligence of such person or
(a) 'Bodily injury or'property damage'for which organization.
the vendor is obligated to pay damages by c. Any person or organization from whom you lease land
reason of the assumption of liability in a or premises, but only with respect to liability arising
contract or agreement This exclusion does not out of the ownership, maintenance or use of that part
apply to liability for damages that the vendor of the land or premises leased to you
would have In the absence of the contract or With respect to the insurance afforded these
agreement; additional insureds the tollowing additional exclusions
(b) Any express warranty unauthorized by you; apply:
(c) Any physical or chemical change in the product This insurance does not apply to:
made intentionally by the vendor, 1. Any "occurrence" which takes place after you
cease to lease that land;
(d) Repackaging,unless unpacked solely for the 2. Structural alterations, new construction or
purpose of inspection,demonstration,testing, demolition operations performed by or on behalf of
or the substitution#fon offp parts undeer instructions such person or organization
the manufacturer, and then repackaged in
the original container, d. Any architect, engineer, or surveyor, but only with
(e) Any failure to make such inspections, respect to liability arising out of your premises or
P ongoing operations performed by you or on your
adjustments,tests or,servicing as the vendor behalf,
has agreed to make or normally undertakes to With respect to the insurance afforded these
make in the usual course of business,in additional insureds,the following additional exclusions
connection with the distribution or sale of the apply:
products; This insurance does not apply to 'bodily injury',
(1) Demonstration,Installation,servicing or repair •property damage'or•personal and advertising injury'
operations,except such operations performed arising out of the rendering of or the failure to render
at the vendors premises in connection with the any professional services by or for you,Including:
sale of the product; 1. The preparing, approving, or failing to prepare or
approve, maps, shop drawings, opinions, reports,
surveys, field orders, change orders or drawings
and specifications;and
2. Supervisory, inspection, architecture] or
engineering activities.
6an�iA of 7R
HG 00 0110 01
e. Any other person or organization who is not an 7. Subject to 5. above, the Medical Expense Limit is the
insured under Paragraphs a. through d. above, but most we will pay under Coverage C for all medical
only with respect to your operations, 'your work' or expenses because of'bodily injury'sustained by any one
facilities owned or used by you person
No person or organization is an insured with respect to the The Umits of Insurance of this Coverage Part apply
conduct of any current or past partnership, joint venture or separately to each consecutive annual period and to any
limited liability company that Is not shown as a Named remaining period of less than 12 months, starting with the
Insured In the Declarations, beginning of the policy period shown In the Declarations,
SECTION III—LIMITS OF INSURANCE unless the policy period is extended after issuance for an
additional period of less than 12 months. In that case, the
1. The Limits Insurance shown in the Declarations and additional period wilt be deemed part of the last preceding
the rules below
w fix the most we will pay regardless of the'^ number of: period for purposes of determining the Limits of Insurance
0 SECTION IV—COMMERCIAL GENERAL LIABILITY
o a. Insureds; CONDITIONS
b. Claims made or'suits'brought;or
1. Bankruptcy
c c. Persons or organizations making claims or bringing Bankruptcy or Insolvency of the insured or of the insuredsN °suits', estate will not relieve us of our obligations under this
r- 2. The General Aggregate Limit is the most we will pay for Coverage Part
CNa the sum of. 2. Duties In The Event Of Occurrence,Offense,Claim Or
a. Medical expenses under Coverage C; Sun
in
C4 b. Damages under Coverage A, except damages
o P 9e a. You must see to it that we are notified as soon as
because of `bodily injury' or 'property damage' practicable of an 'occurrence' or an offense which
o included In the 'products-completed operations may result in a claim,
hazaro";and (1) To the extent possible,notice should include:
c. Damages under Coverage B.
(a) How, when and where the 'occurrence' or
S. The Products-Completed Operations Aggregate Limit Is offense took place;
the most we will pay under Coverage A for damages
because of'bodily injury'and'property damage'included (b} The names and addresses of any injured
In the'products-completed operations hazard' persons and witnesses;and
4. Subject to 2. above, the Personal and Advertlsing Injury (c) The nature and location of any Injury or
M Limit is the most we will pay under Coverage B for the damage arising out of the 'occurrence' or
sum of all damages because of all 'personal and offense
advertising injury' sustained by any one person or (2) This Condition applies only when such
organization, 'occurrence'or offense is known to-
S. Subject to 2. or S. above, whichever applies, the Each (1) You,if you are an individual;
e Occurrence Limit Is the most we will pay for the sum of: (2) A partner,if you are a partnership;
a. Damages under Coverage A;and 3( ) A manager, if you are a limited liability
® b. Medical expenses under Coverage C company;
because of all 'bodily injury' and 'property damage' (4) An 'executive officer' or Insurance manager, If
ME
arising out of any one'occurrence', you are a corporation;or
6. Subject to S.above,the Damage To Premises Rented To (5) Any trustee,if you are a trust.
You Umit is the most we will pay under Coverage A for b. if a claim Is made or 'suit is brought against any
damages because of 'property damage' to any one insured,you must:
premises, while rented to you, or In the case of damage
by fire, lightning or explosion, while rented to you or (1) Immediately record the specifics of the claim or
temporarily b 'suit'and the date received;and
po ty occupied p y you with permission of the
owner. (2) Notify us as soon as practicable.
In the case of damage by fire, lightning or explosion, the You must see to it that we receive written notice of the
Damage to Premises Rented To You Limit applies to all claim or'suit"as soon as practicable
damage proximately caused by the same event, whether But this condition will not be considered breached
such damage results from fire, lightning or explosion or unless the breach occurs after such claim or 'suit' is
any combination of these. known to anyone listed In 2.a.(2)above
H0 00 0110 01 Pane 11 of iR
R
c. You and any other involved Insured must: (a) That Is Fire, Extended Coverage, Builder's
(1) Immediately send us copies of any demands, Risk, Installation Risk or similar coverage for
notices, summonses or legal papers received in 'your work';
connection with the claim or'suit'; (b) That is fire,lightning or explosion insurance for
(2) Authorize us to obtain records and other premises rented to you or temporarily occupied
Information;
by you with permission of the owner,
(3) Cooperate with us In the investigation or (c) That Is insurance purchased by you to cover
settlement of the claim or defense against the your liability as a tenant for'property damage'
'suit';and to premises rented to you or temporarily
(4) Assist us, upon our request, in the enforcement of o�cupled by you with permission of the owner,
any right against any person or organization which
may be liable to the insured because of Injury or (d) If the loss arises out of the maintenance or use
damage to which this insurance may also apply. of aircraft, 'autos' or watercraft to the extent
not subject to Exclusion g. of Section I —
d. No insured will, except at that insured's own cost,
Coverage A — Bodily Injury And Property
voluntarily make a payment, assume any obligation, Damage Liability
or Incur any expense, other than for first aid, without
our consent (e) If the loss arises out of ffproperty damage to
3. Legal Action Against Us borrowed equipment or the use of elevators to
the extent not subject to Exclusion). of Section
No person or organization has a right under this I - Coverage A - Bodily Injury And Property
Coverage Part. Damage Liability
a. To join us as a party or otherwise bring us into a 'suit' (2) Any other primary Insurance available to you
asking for damages from an insured;or covering liability for damages arising out of the
b. To sue us on this Coverage Part unless all of its terms premises or operations for which you have been
have been fully complied with. added as an additional insured by attachment of
A person or organization may sue us to recover on an an endorsement
agreed settlement or on a final judgment against an When this Insurance is excess, we will have no duty
insured; but we will not be liable for damages that are not under Coverages A or B to defend the Insured against
payable under the terms of this Coverage Part or that are any'suits if any other insurer has a duty to defend the
In excess of the applicable limit of insurance An agreed insured against that'suit' If no other insurer defends,
settlement means a settlement and release of liability we will undertake to do so, but we will be entitled to
signed by us, the insured and the claimant or the the insured's rights against all those other insurers
claimant's legal representative When this insurance is excess over other insurance,
4. Other Insurance we will pay only our share of the amount of the loss,It
If other valid and collectible insurance is available to the any,that exceeds the sum of:
Insured for a loss we cover under Coverages A or B of (1) The total amount that all such other insurance
this Coverage Part,our obligations are limited as follows: would pay for the loss in the absence of this
a. Primary Insurance Including Primary Additional insurance;and
Insurance For Additional Insureds (2) The total of all deductible and self-insured
This insurance Is primary except when b. below amounts under all that other insurance 1
applies, If this insurance is-primary, our obligations We will share the remaining loss,if any,with any other
are not affected unless any of the other insurance Is insurance that is not described in this Excess
also primary, Then, we will share with all that other Insurance provision and was not bought specifically to
insurance by the method described in c. below.When apply In excess of the Limits of Insurance shown in '
this Insurance is primary, we will not seek the Declarations of this Coverage Part
contributions from other insurance available to any c. Method Of Sharing
person ar organization who is an insured under If all of the other insurance permits contribution by
Paragraph 6.In Section II-Who Is An Insured, equal shares, we will follow this method also Under
b. Excess Insurance this approach each insurer contributes equal amounts
This insurance is excess over until it has paid its applicable limit of Insurance or
n
(1) Any of the other Insurance, whether primary, one of the loss remains,whichever comes first.
excess, contingent or on any other basis:
Page 12 of 16 HG 00 0110 01