HomeMy WebLinkAboutPK07-197 - Original - Berger/Abam Engineers, Inc. - Lake Meridian Boat Launch Ramp - 08/15/2007 Records Ma,0`00'
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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, please contact City Clerks Office.
Vendor Name: LJerq er =hq t k P er S Vendor Number:
JD Edwards Number
Contract Number: PK07- 177
This is assigned by Clerk's Office
Description: , .akt Wleri�io,n �joQ1-,Ca�nc�, lac w.p
Detail:
Project Name:
Contract Effective Date: 9'1 S 0 7 Termination Date: 11- 38'07
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Skao& 6 bt i'4soA) Department: Ark's f r- /Ii t K 9
Abstract:
5 Public\RecordsManagement\Forms\ContractCover\ADCL7832 07/02
KENT
WASHINGTON
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 33301 Ninth Avenue South, Suite 300. Federal Way, Washington 98003-2600
(206) 431-2300 (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:
Construction support services for the Lake Meridian Boat Launch Ramp, described in Exhibit A, attached and
incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices 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. Upon the effective date of this
Agreement, Consultant shall complete the work described in Section I by November 30, 2007.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
seventeen thousand, sixty three and 00/100 ($17,063 00) for the services described in this
Agreement. This is the maximum amount to be paid under this Agreement for the work
described in Section I above, and shall not be exceeded without the prior written authorization of
the City in the form of a negotiated and executed 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
Berger/Abam Engineers,Inc.for Lake Meridian Boat Launch Page i
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement 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 12, 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 A, attached and incorporated by this reference.
Berger/Abam Engineers,Inc.for Lake Meridian Boat Launch Page 2
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work
under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the
Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request.
The 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. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be
done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools,
or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3 80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price preference
may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement
in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements
or options, and the same shall be and remain in full force and effect.
C. Resolution of 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 mdenmification 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
Berger/Abam Engineers, Inc for Lake Meridian Boat Launch Page 3
E. Assignment. Any assignment of this Agreement by either party without the written consent of
the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent.
F. Modification No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the
City, and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner this Agreement. All of the above documents are hereby made a part of this Agreement
However, should any language in any of the Exhibits to this Agreement conflict with any language contained in
this Agreement, the terms of this Agreement shall prevail.
H Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the perfonnance
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: " By
/;///2jd
(sfgnatu (sr ature)
Print Name: E 104 G- . c ZD l 4 Print Name: Suzette Cooke
Its VLe r, ?ZCPdknt Its Mayor --�VYy- t�
(Title) �> (Title)
DATE:— AI&Viat 2oo7 DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Shane Gilbertson
Berger/Abaco Engineers, Inc. City of Kent
33301 Ninth Avenue South, Suite 300 220 Fourth Avenue South
Federal Way, Washington 98003-2600 Kent, WA 98032
206-431-2300 (telephone) 253-856-5110 (telephone)
206-431-2250 (facsimile) 253-856-6050 (facsimile)
AP ROVED AS TO FORM:
lKe I
t La yd Dc artment
Berger/Abaco Engineers,Inc for Lake Meridian Boat Launch Page 4
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 this of day of ) 2007.
By: A,,
For:
Title: FIE V'kyv
Date: 107
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. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS-2
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.
Dated this day of , 200_
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS-3
BERGERIABAM ENGINEERS INC. PLANNING
Ninth Avenue SouthENGINEERING
Feder Sulte 300 BERGERIAB" ENVIRONMENTAL
Federal Way,Washington 68003.2600
2061431-2300 • FAX 206/431-2250 E N GG I- S I N C PROGRAM MANAGEMENT
1
31 July 2007
Mr.Shane Gilbertson 1
Project Manager
Kent Parks,Recreation&Community Services
220 South 4th Avenue
Kent,WA 98032
Subject: Lake Meridian Boat Launch Ramp
Proposal for Construction Support Services
Dear Mr. Gilbertson:
The construction phase of the Lake Meridian boat launch project has commenced and we would
like to present this proposal to assist the City during construction. The scope of work included in
this proposal is based on our conversation with you and is described below.
■ Assistance in locating bidders and evaluation of the bids
■ Review of submittals including concrete mix designs(3),cast-in-place and precast plank
concrete reinforcing,structural steel,boarding float plans, and calculations
■ Pile driving and dredging inspection
■ Responding to Requests For Information(RFIs)
■ Visits to the site,with one scheduled for the pre-construction meeting,the middle of
construction,at the end of construction for preparation of a punchhst and an additional
meeting to be scheduled as needed. We understand that weekly site meetings will be held,
but that we will not be required to attend unless requested by the City.
■ Preparation of Record(As-Built) Drawings from the Contractors redline set.
I
We expect that construction will last approximately three to four months: approximately six
weeks to two months for shop drawings and construction of pre-fabricated items, such as the
j boarding floats,precast planks,and steel frame;and one to two months for construction in the
field.
I
EXHIBIT .
Mr. Shane Gilbertson
31 July 2007
Page 2
We propose to provide these services and others requested by the City on an as-needed,time-
and-materials basis. The above scope of services represents our estimate of the level of effort
required to complete this project. These funds will not be spent if the effort is not required. More
or less effort may be required and we will obtain approval from the City before spending
additional tame than included in this budget. We propose a budget in the amount of$17,063 for
this work. The basis for this total is itemized in the attached fee estimate worksheet.
We look forward to continuing to support you through the construction phase of this project.
Sincerely,&Iv J
Elmer W.Ozolin
Vice President
EWO:keh
Attachment
Fee Estimate Worksheet
.�v
KENT PARKS,RECREATION &COMMUNITY SERVICES
Lake Meridian Boat Launch Boarding Float
Fee Estimate for Professional Services for Support during Bidding and Construction BIRGERIABAM
E 111616 E Eat 1 0 C
BERGERf ABAM-STAFF HOUR SUMMARY Revision Date-12 July 2007
Principal Project Senior Techni- CADD
Manager Engineer Engineer clan Drafter Admin
Item $19000 $150.00 $13000 $10DOD $85.00 $85.00 $70.00 Totels
Bid Period Support
Assist with bidders 6
Assist with Prebtd Meeting 2
Construction Support Services
Attend Preconstruction Meeting 4 4
Review Submittals
Boarding Floats 4
Concrete Mix Design for Abutment 2
Concrete Mix Design for Precast Planks 2
Concrete Mix Design for Boarding Floats 2
Precast Planks Reinforcing 2
Precast Planks Manufacturer Qualifications 2
Steel for Guide Frame 4
Resubmittals 8
Pile Driving Inspection 16
Dredging Inspection 40
Respond to RFI's 2 8
Site Visits 3- Mid construction,final ounchlist&on-cq 4 12
As-build Drawin s Record Drawings) 2 4 8
Project Management/Oversight 2 8 4
Total Hours- 2 32 0 106 0 8 4 152
Labor Cost: $380 $4,800 $0 $10,600 $0 $68D $280 $16.740
(Note- Labor rates include overhead+pmfd)
Subtotal Labor $380 $4,81200 $0 1 $10,600 $0 $680 $280 $16,740
Expenses Sub.Consultants
Subtotal $0
8%Markup $0
Total Sub-Consultants: $0
Other Expenses-
$0
Travel 300 $0446 /Mile $134
Reproduction and Shipping 8 $20 f Each $160
Boat Rental /Day $D
Expense Subtotal without Cadd $294
10%Markup $29
Total Other Expenses $323
Subtotal Ex enses and markup $323
TOTAL COST $17,063
Page 1 Kent CSS(2) 7-12-07.xis
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.
Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations,personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CG 25 03 1185. The City shall be named as
an insured under the Consultant's Commercial General Liability
insurance policy with respect to the work performed for the City using
ISO additional insured endorsement CG 20 10 11 85 or a substitute
endorsement providing equivalent coverage.
2. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit
for bodily injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no
less than $1,000.000 each occurrence, $2,000,000 general aggregate
and a $1,000,000 products-completed operations aggregate limit.
C. Other Insurance Provisions
EXHIBIT B (Continued)
The insurance policies are to contain, or be endorsed to contain, the following provisions
for Automobile Liability and Commercial General Liability insurance.
1. The Consultant's insurance coverage shall be primary insurance as respect the City.
Any Insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of the Consultant's insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
3. The City of Kent shall be named as an additional insured on all policies (except
Professional Liability) as respects work performed by or on behalf of the Consultant
and a copy of the endorsement naming the City as additional insured shall be attached
to the Certificate of Insurance The City reserves the right to receive a certified copy
of all required insurance policies. The Consultant's Commercial General Liability
insurance shall also contain a clause stating that coverage shall apply separately to
each insured against whom claim is made or suit is brought, except with respects to
the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A VII
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Consultant before
commencement of the work.
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.
ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE IMIIIIDONYI
5101107
PRODUCER CALM 0531007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Wells Fargo Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Services Northwest, Inc, HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 91143
Seattle, WA 98 1 1 1-9243 INSURERS AFFORDING COVERAGE
iN$UFIIn INSURER One Beacon Insurance
Berger/Abam Engineers, Inc.
33301 9th Avenue South INSURERS
Federal Way WA 98003 INSURER C Contlnentai Casualty Co.
INSURER D Commerce&Industry
INSURER E State National Insurance Co
COVERAGES
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,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
IN9R1 POLICY EFFECTIVE POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER DATE D DATE MIDD V LIMITS
A GENERALLIA31UTY 710019458 5/01/07 51,01/03 EACH OCCURRENCE 6 1000000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one Rat 6 300000
CLAIMS MADE O OCCUR MCC)EXP(Any one Person 6 10000
X WA STOP PERSONAL&AOV INJURY S 1000000
X GAP GENERAL AGGREGATE 6 2000000
GEN'L AGGREGATE LIMIT APPLIES PER I PRODUCTS COMP/OP AGG $ 2000000
X POLICY PRO LOC
A AUrOMOBILeuaBILITY 710019458 5/01107 5101108
COMBINED SINGLE LIMIT S 1000000
X ANY AUTO (Ea accden0
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS We,personl S
"RED AUTOS
BODILY INJURY S
NON-OWNED AUTO$ IF.,acndentp
PROPERTY DAMAGE S
(Per aecdenU
OAF{gOE LIABILITY AUTO ONLY FA ACCIDENT S
ANY AUTO I OTHER THAN FA ACC 6
I AUTO ONLY AGO S
EXCESS LIABILITY EACH OCCURRENCE $ _
OCCUR ❑CLAIMS MADE AGOREGATE - $
$
DEDUCTIBLE $
RETENTION $ $
D WORKERS COMPENSATION AND 2958329 5101/07 5101/08 X WCSLIM
TATU Df RH
EMPLOYERS'LIABILITY
EL EACH ACCIDENT s 1000000
E-USL&H TUV800602 EL DISEASE EAEMPLO EE S 1000000
E L DISEASE POLICY UNIT S 1000000
i C OTHER AEH113852999 7101106 7/01107
PROF LIAR $5 MIUCLAIM, $5 MILIAGGREGATE
j DESCRIPTION OF OPEBATIONSILOCATIONSIVEHICLE&RXCLUSSONS ADDED BY ZMDORSEMENTlSPECIAL-PROVISIONS
SEE ATTACHMENT FOR ADDITIONAL INSURED WORDING
I
A04132 LAKE MERIDIAN BOAT LAUNCH.
CERTIFICATE HOLDER ADDITIONAL INSURED, INSURER LETTER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 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 SMALL
220 4th Avenue South IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
Kent, WA 98032-5895 REPRESENTATIVES
AUTH IZED REPRjS6NT#TrVkS
ACORD 25-S(7197) 11.38 0 ACORD CORPORATION 1988
INSURED: BERGER/ABAM 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 B , 9, 10, 11 & 12. COVERAGE IS PRIMARY
AND NON-CONTRIBUTORY. DJT
1
i
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ iT CAREFULLY.
a@VANTAGE FOR GENERAL LIABILITY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
The following schedule lists the coverage extensions provided by this endorsement. Refer to the individual provi-
sions to determine the extent of your coverage.
SCHEDULE OF COVERAGE EXTENSIONS
1. Additional Insured-Broad Form Vendors 8. Broadened Property Damage Rented Premises
2. Additional Insured—by Contract,Agreement or 0. Coverage Territory—Worldwide
Permit rotating to: 10. Dukes in Event of Occurrence,Claim or Sul
o Work performed by you 11. Expected or Intended injury(PD)
a Premises you own,rent,tease or occupy 12. incidental Medical Malpractice
o Equipment you lease 13. Medical Payments
3. Aggregate Limit Pot Location 14. Mobile Equipment Redefined
4. BianketWaiverofSubrogation 15. Newly Acquired or Formed Organizations
5, Bodily Injury Redefined-Mental Anguish 18. Non-Owned Aircraft
6. Broadened Named Insured 17. Non-Owned Watercraft
7. Broadened Property Damage 18. Personal and Advertising Injury
o Borrowed Equipment 19. Product Recall Expense
o Customers'Goods 20. Supplementary Paymers increased Limits
o Use of Elevators
1, ADDITIONAL INSURED•BROAD FORM VENDORS
Section 0—Who is An insured is amended to include as an additional Insured any person(s)or organizations)
(referred to below as vendor)with whom you agreed in a written contract or agreement to provide insurance,
but only with respect to"bodily h)ury"or"property damage"arising out of"your products"which are distributed
or sold in the regular course of the vendor's business,subject to the following additional exclusions:
a. This provision 1.does not apply to;
(1) "Bodity injury"or"property damage"for which the vendor is obligated to pay damages by reason of the
assumption of lability in a contract or agreement,This exclusion does not apply to liability for damages
that the vendor would have in the absence of the contract or agreement:
(2) Any express warranty unauthorized by you,
(3) Any physical or chemical change in the product made intentionally by the vendor,
(4) Repackaging,exceptwhen unpacked solely for the purpose of inspection,demonstration,testing or the
substitution of parts under Instructions from the manufacturer, and then repackaged in the original
container;
(5) Any failure to make such inspections,adjustments,tests or servicing as the vendor has agreed to make
or normally undertakes to make in the usual course of business,in connection with the distribution or
i sale of the products:
(6) Demonstration, installation, servicing or repair operations, except such operations performed at the
vendor's promises in connection with the sale of the product;
(7) Products which,after distribution or sale by you,have been labeled or relabeled or used as a container,
( part or Ingredient of any other thing or substance by or for the vendor;or
II (8) "Bodify injury"or"property damage"arising out of the sole negligence of the vendor for its own acts or
omissions or those of its employees or anyone Mae acting on Its behalf.however,this exclusion does
not apply to:
+ (a) The exceptions contained in Subparagraphs 4,or 6,;or
(b) Such inspections,adjustments,tests or servicing as the vendor has agreed to make or normally un-
dertakes to make In the usual course of business,in connection with the distribution or sale of the prod-
ucts.
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(9) Any person or orgarrizatlon If the"products-completed operations hazard"is excluded either by the pro-
visions of the Coverage Form or by endorsement.
Ill. This insurance does not apply to any insured person or organization,from whom you have acquired such
products,or any ingredient,part or container,entering into,accompanying or containing such products
2, ADDITIONAL INSURED—CONTRACT,AGREEMENT OR PERMIT
a. Section if-Who is An Insured is amended to include as an additional insured any persons)or orgeniza-
tion(s)with whom you agreed in a written contract,written agreement or permit to provide insurance such
as Is afforded under this Coverage Part,but only with respect to lability for"bodily injury", "property dam-
age"or"personal and advertising injury"caused,in whole or in part,by your acts or omissions or the acts or
omissions of those acting on your behalf
1. in the performance of"your work"for the additional insureds)at the location designated in the contract,
agreement or permit,or
2, in the maintenance,operation Or use of equipment leased to you by such person(s) or organization(s),
or
3. In connection with premises you own,rent,lease or occupy.
This insurance applies on a primary or primary and non-contnbutory basis it that is required in writing by the
contract,agreement or permit
b. The Insurance provided to the additional Insured herein is limited This insurance does not apply
1. Unless
(a) the written contract,agreement or permit is currently In effect or becomes effective during the term
of this policy;and
(b) the contract or agreement was executed or permit issued prior to the"bodily injury","property dam-
age",or"personal and advertising injury';
2. To any person or organization included as an insured under the Additional Insured-Broad Form Ven-
dors provision of this endorsement;
3. To any person or organization included as an Insured by an endorsement issued by as and made part
of this Coverage Part,
4. To any person or organization if the"bodily injury","property damage",or"personal and advertising in-
jury"apses out of the rendering of or facture to render any professional architectural, engineering or
surveying services by or for you Including-
(a) The preparing, approving,or fading to prepare or approve, maps, shop drawings, opinions, reports,
surveys,field orders,change orders or drawings and specifications,or
(b) Supervisory,inspection,architectural or engineering activities.
S. To any:
(a) Lessor of equipment after the equipment lease expires;or
(b) Owners or other interests from whom tend has been leased;or
(c) Managers or lessors of premises if
(1) The"occurrence"takes place after you cease to be a tenantin that premises;or
(2) The"bodily injury',"property damage","personal and advertising injury"arises out of structural
alterations,new construction or demolition operations performed by or on behalf of the man-
ager or lessor.
S. To"bodily injury,or"property damage"occurring after.
(a) All work on the project(other than service, maintenance or repairs)to be performed by or on be-
half of the additional insured at the site of the covered operations has been completed,or
t (b) That portion of"your work"out of which the injury or damage arises has been put to its intended
use by any person or organization other than another contractor or subcontractor engaged in per-
forming operations for a principal as part of the same project.
c. Limits of insurance applicable to the additional insured are those specified in the contract,agreement or
permit or in the Declarations of this policy,whichever is less,and fix the most we will pay regardless of the
number of
1. Insureds;
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2. Claims made or"sulk'brought,or
3. Persons or organizations making claim or brhVing"sulfa".
These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance shown in the Decia-
rations.
3. AGGREGATE LIMIT PER LOCATION
a, Under Section III-Limits of Insurance,the General Aggregate Limit applies separately to each of your
"Iecabotrs"owned by or rented or leased to you,
b. Under Section V-Definitions,the following definition is added:
'f-ocallon"means premises mvotving the same or connecting tots,or premises whose connection is in-
terrupted only by a street,roadway,waterway or right-of-way of a railroad.
4. BLANKET WAIVER OF SUBROGATION
Section IV-Transfer of Rights of Recovery Against Others to Us Condition is amended to add the following:
We will waive any right of recovery we may have against any person or organization because of payments we
make for injury or damage arising out of your ongoing operations done under a written contract or agreement
with that person or organization and included in"your work"or the "products-completed operations hazard".
This waiver applies only to persons or organizations with whom you have a written contract, executed prior to
the"bodily injury"or"property damage",that requires you to waive your rots of recovery.
8 BODILY INJURY REDEFINED-MENTAL ANGUISH
Under Section V the definition of"bodily injury"is replaced by the following:
"Bodily injury" means bodily injury,sickness,or disease sustained by a person, Including mental anguish or
death resulting from any of these at any bme.
6. BROADENED NAMED INSURED
Section 11-Who is An insured Is amended to include as an Insured the following:
Any organization which is a legally incorporated entity in which you own a financial interest of more than 50
percent of the voting stock on the effective date of this endorsement w,+Ji be a Named Insured unt+l the 18cr day
or the end of the policy period,whichever comes first,provided there is no other similar insurance available to
that organization.
The Insurance afforded herein does not apply to any entry which is also an insured under another policy or
would be an insured under such policy but for Its termination or the exhaustion of its limits of insurance.
7. BROADENED PROPERTY DAMAGE- BORROWED EQUIPMENT, CUSTOMERS' GOODS AND USE OF
ELEVATORS
The insurance for"property damage"liability is subject to the following:
a. The Damage To Property exclusion under Section I Coverage A is amended as follows:
j 1. The exclusion for personal property In the care, custody or control of the insured does not apply to
i "property damage"to equipment you borrow while at a job site and provided 9 is not being used by
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anyone to perform operations at the time of loss.
2. The exclusions for
(a) Property loaned to you;
(b) Personal property in the care,custody or control of the insured;and
(c) That particular part of any property that must be restored , repaired or replaced because "your
work"was incorrectly performed on 11
do not apply to"property damage"to"customers'goods"while on your premises nor do they apply to
"property damage"arising from the use of elevators at premises you own,rent,lease or occupy,
Subject to the Each Occurrence Limit,the most we well pay for"property damage" to "Customers'
Goods"Is$25,000 per"occurtence".
b. Under Section V-Definitions,the following definition is added:
-Customers'Goods"means goods of your customer on your premises for the purpose of being:
1. Repaired;or
Z, Used in your manufacturing process.
a. The insurance afforded by this provision is excess over any other valid and collectible property insurance
(including any deductible)available to the insured whether such insurance is primary,excess,contingent or
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