HomeMy WebLinkAboutPK09-337 - Original - Engineering Economics, Inc. - Heat Pump Replacement for Kent Senior Center - 11/13/2009 Records Man-agemen't,
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, please contact City Clerk's Office.
Vendor Name: Engineering Economics, Inc.
Vendor Number: 345553
JD Edwards Number
Contract Number: PKW- 337
This is assigned by City Clerk's Office
Project Name: Heat Pump Replacement for Kent Senior Center
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: 11/12/09 Termination Date: 12/12/09
Contract Renewal Notice (Days): 30
Number of days required notice for termination or renewal or amendment
Contract Manager: Charlie Lindsey Department: Parks Facilities
Detail: (i.e. address, location, parcel number, tax id, etc.):
600 E. Smith, Kent, Wa. 98032
S Public\RecordsManagement\Forms\ContractCover\adcc7B32 1 11/08
a •
. KENT
' WAS NINGTON
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Engineering Economics, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and EEI organized under the laws of the State of Washington , located
and doing business at 1201 Western Ave Suite 325, Seattle, Wa. 98101, 206-622-1001, Jeff
Nichols (hereinafter the "Consultant").
I. DESCRIPTION OF WORK. i
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
I
EEI will provide consulting services for heat pump replacement for the Kent Senior
s
Center, located at 600 E Smith, in the City of Kent in accordance with the proposal
dated October 30, 2009, which is 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 within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Upon the
effective date of this Agreement, Consultant shall complete the work described in Section I
within one month.
III. COMPENSATION.
I
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed $4,000.00 for the services described in this Agreement. This is the
maximum amount to be paid under this Agreement for the work described in
Section I above, and shall not be exceeded without the prior written authorization
of the City in the form of a negotiated and executed amendment to this agreement.
The Consultant agrees that the hourly or flat rate charged by it for its services
contracted for herein shall remain locked at the negotiated rate(s) for a period of
one (1) year from the effective date of this Agreement. The Consultant's 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
CONSULTANT SERVICES AGREEMENT - 1
(Under$10,000)
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of 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 an person who is qualified and available to perform the work to which the
9 YP q
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.
CONSULTANT SERVICES AGREEMENT - 2
(Under$10,000)
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.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, j
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, i
and files available to the City upon the City's request. The City's use or reuse of any of the i
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.
i
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.
CONSULTANT SERVICES AGREEMENT - 3
(Under $10,000)
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, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section 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.
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 performance of those operations.
CONSULTANT SERVICES AGREEMENT - 4
(Under$10,000)
I. Counterparts. This Agreement may be executed in any number of counterparts,
-each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: CITY OF KENT:
By: , cJQ�-=--� By:
�t
(signature) (signature)
Print Name:�_r�4 ),r �n� Prin me: Jeff Watlmg,Dir ctor
Its: &'C�Vyc t-, Its: Parks and Community Services
DATE: 'vkk S o l DATE:I I
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Jeff Nichols, PE Charlie Lindsey, Superintendent of Facilities
Engineering Economics Inc. City of Kent
1201 Western Ave Suite 325 220 Fourth Avenue South
Seattle, Washington 98101 Kent, WA 98032
(206)622-1001 (telephone) (253) 856-5081 (telephone)
206 622-5747 facsimile (253) 856-6080 (facsimile)
hvacengmnsultant
t
CONSULTANT SERVICES AGREEMENT - 5
(Under$10,000)
t
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 v[�fb- day of NO0-P—Mber , 200S4 �.
F
By:
"ZFe-c(c4t I ,�J, a�s
For: j i n-2-e rt n �cano I cS 1i►
Title: dgtr-`nc� `MA Yir,,���
Date: k t
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 I
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 pro3ect 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_.
I
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS — 3
a'
A
Engineering Economics lnc
1201 Western Avenue, Suite 325
Seattle, Washington 98101
telephone 206 622 1001
facsimile 206 622 5747
October 30 2009
Charley Lindsey
City of Kent
Parks, Recreation&Community Services
220 Fourth Avenue S.
Kent, WA 98032-5895
Re: Kent Senior Center
Heat Pump Replacement Consulting Services
EEI Proposal No. 03-09
Dear Charley:
i,
I
In follow up to our discussion today,EEI is pleased provide our proposal for consulting services for the
above-referenced project as follows. r
Scope of Work
1 Review existing conditions and/or plans and equip list provided and prepare a written scope of f
work for replacement of 5 rooftop package heat pumps and splitting one heat pump zone into two
heat pumps,basis of design Trane or approved equal The plan is to use existing controls and
reconnect new equipment to existing Siemens DDC controls in place (4 hours)
2. Prepare a narrative scope of work for bidding provide for issue by City to select contractors based
on item 1 and discussions with the Client Answer contractor questions and clarify as required
(16 hours)
3. Review contractor submittals Make one final inspection of the work, and functionally test
equipment operation and prepare a final site visit communication report(10 hours).
4 Attend 2 meetings, anticipated before and after bidding to review,and make recommendations(4
hours).
Exclusions
1 Detailed design, detailed energy life cycle cost analysis.
2 Acoustical, structural or electrical analysis.
3 Load calculations or sizing of equipment,piping or equipment.
Engineering Economics Inc
Charley Lindsey ay ^
City of Kent
October 30,2009
Page 2
4 Permitting or permit process with City.
5 Testing and balancing.
6 Additional meetings or reports.
Fee
Our estimated fee to complete the above services shall be $4,000.00 in accordance with our attached
hourly rate schedule.
Terms and Conditions
Our attached terms and conditions are attached as part of this proposal or City terms may be accepted
upon review.
Please contact me if you have any questions.
Sincerely,
Engineering Economics Inc City of Kent
Jeffrey D Nichols,PE Signature
it II(
Approved and accepted this day of 2009
Please sign and return one copy of this agreement
E
Attachments
I
k
V
Engineering Economics Inc
EAK L�
ENGINEERING ECONOMICS,INC. CONSULTING RATE SCHEDULE
WASHINGTON JANUARY 2009
UP To
Principal ................. . $160/1-lour
Senior Project Manager $135,Hour
Project Manager .... ... ....... S120/Hour
Senior Project Engineer ..... ............ . . . . . $110/Hour
Project Engineer $100/Hour
Senior Designer $90/Hour
Production Specialist $85/Hour
Project Administrator ... . . . . ....... $65/Hour
Administrative Support ... ....... .. ................. $60/Hour
CONSULTANTS
110%of invoice received
REIMBURSABLE EXPENSES
Tools and Equipment Usage Market rates
Photocopies and Prints... ...... Market rates
Mileage Personal Car . ...... $0 50/mile
,
Postage... ....... at cost+ 10%
Travel Expenses. ........ .. at cost+ 10%
Other Expenses ... .. ............ . . ........ ... at cost+ 10%
These are current rates and are subject to review and revision annually
r
Engineering Economics Inc r
Engineer's General Terms and Conditions 9
1. Representatives and Notices
A Engineer shall designate a Project Manager who will be responsible to manage and direct Engineer's performance of
Services All instructions, requests for changes, and formal notices from Client to Engineer shall be directed by
Client's Representative, in writing,to the Project Manager Engineer's Project Manager shall have authority to act
for Engineer in all matters concerning the Project
B Client shall designate a Representative to whom all of Engineer's requests for instructions, changes, and formal
notices will be directed Client's Representative shall have authority to act for Client in all matters concerning the
Project
C All notices, instructions, change orders, and other formal communications shall be made in writing and shall be
deemed effective as of the date and time of receipt
D The provisions of this general paragraph do not preclude the transmission of routine correspondence, drawings,
messages,and information pursuant to the Project
2. Client-Furnished Data
Client shall provide at no cost to Engineer, necessary drawings, surveys, physical site data, and other pertinent information
required for the performance of Services,and Engineer shall be entitled to rely on same
3. Existing Conditions
A. Engineer shall have no responsibility or liability for the identification,removal,or disposal of any toxic substances
Client will defend indemnify, and hold harmless Engineer from any claim, suit or liability whatsoever, including
but not limited to all payments, expenses, or costs involved, arising from or alleged to have arisen out of or related
to the presence of toxic substances or alleged toxic substances on the Project
B. The parties acknowledge that, in order to perform the Services, Engineer may be required to make certain
assumptions relating to the operation of existing building systems Unless expressly included in the Engineer's
Scope of Service, Engineer shall have no responsibility or liability for the correct operation of existing building
systems, such as, but not limited to, main air distribution systems, plumbing systems, fire pumps and fire sprinkler
distribution systems, electrical service equipment and risers, lighting, fire alarm systems, and any other existing
equipment systems
i
4. Preparation and Delivery of CAD Documents
A. Unless otherwise negotiated in writing, Client shall provide all title blocks, floor plans, site plans, sections and
elevations,required for the preparation of construction documents in an ACAD(ACAD DWG)format
B. Client shall update floor plans, site plans, sections and elevations, as the project progress, and in accordance with a F
mutually agreed upon schedule for these updates In no event will any updates to the aforementioned documents be
accepted any later than three days prior to the final deadline Updates shall be in an electronic format and shall be
accompanied by a scaled hard copy(blueprint)with any revised areas clearly identified
C If included in the project scope, Engineer will update drawings to reflect Contractor mark-ups of the As-Built
conditions Engineer is not responsible for verifying the accuracy of the As-Built documents
5. Plans,Specifications,and Drawings
A Engineer shall submit plans, specifications,and drawings to Client for approval Client's approval shall be indicated
by a signature of Client's Representative following the word "approved" and the date of the approval, all of which
shall be conspicuously displayed on each plan, specification,or drawing approved If not approved,client shall note
any comments, changes or special requirements in writing and submit to Engineer Client shall review and approve
all plans, specifications, or drawings within thirty (30) days after receipt of same, unless otherwise agreed upon in
writing In the event written approval or other appropriate response is not received within thirty days, the plans,
specifications or drawings shall be deemed approved The Services shall subsequently be performed in
conformance with the plans,specifications,and drawings as approved
Page 1 Engineering Economics Inc.
Terms and Conditions—Long Form
Engineering Economics Inc r
Engineer's General Terms and Conditions
B Engineer shall furnish to Client no later than thirty (30) days after Engineer's receipt of final payment or upon
termination of this Agreement,the original plans, specifications, and drawings,except one record copy of each to be
retained by Engineer The plans, specifications, and drawings are neither intended nor represented to be suitable for
reuse by Client, or others, on extensions of the Project or on any other project Any reuse without specific written
approval and adaptation by Engineer shall be at Client's sole risk, without liability to Engineer, and Client shall
indemnify and hold Engineer harmless from all loss,cost,damage, and expense including attorney's fees
C. Unless otherwise negotiated, all electronic CAD files sent between Client and Engineer shall be in an ACAD
(ACAD DWG) format Upon completion of the project a set of electronic files and one hard copy of the final
packages shall be delivered to Client Upon Client's receipt of this final package, Engineer shall have no further
responsibility for these documents
6. Changes
Client may, from time to time, change or modify the Scope of Services by instructing Engineer to perform Additional
Services or may direct the omission of Services previously ordered Engineer may perform such changes, and Engineer's
compensation and schedule for performance shall be equitably adjusted Compensation for such changes shall be on an
hourly basis in accordance with Engmeer's Standard Hourly Rate Schedule or other method as agreed upon at the time the
change is requested
7. Scheduling and Progress Reports
A Engineer shall,if requested by Client,prepare and submit to Client an estimated schedule for the performance of the
Services
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B On or before the fifth (5th) day of each calendar month while performing the Services.Engineer shall, if requested
by Client, prepare and submit to Client a progress report indicating any approved changes made during the
preceding month and estimating the total charges to complete the Services.
8. Responsibility €
i
A The Engineer will perform all Services in accordance with the standard of care, skill, and diligence normally
provided by a professional engineer in the performance of the same or similar services In the event the Engineer
fads to provide such standards of care, skill, and diligence, Engineer shall, at its own cost, correct Engineer's f
defective plans,specifications or other Services
B Since the Engineer has no control over the cost of labor, materials, or equipment, or over a contractor's method of
determining prices, or over competitive bidding or market conditions, Engineer's opinions of probable construction
cost, if any, are to be made on the basis of Engineer's experience and qualifications Such opinions represent
Engineer's best judgment as an Engineer familiar with the construction industry Engineer does not guarantee that
proposals, bids, or final construction costs will not vary from opinions of probable cost prepared by Engineer If
Client wishes greater assurance as to the construction cost,Client shall employ an independent cost estimator
9. Services During Construction
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Engineer shall not be responsible for the construction means, method, techniques, sequences, or procedures, or safety
precautions (including, without limitation, OSHA compliance), or related programs, nor for the acts or omissions of any
constructor of the Project or any of the constructor's agents, employees or subcontractors, nor for the acts or omissions of
material or equipment manufacturers or suppliers,nor for the acts or omissions of any other engineer on the Project
10. Billing and Invoicing
A Progress billings shall be rendered monthly to the Client and shall be due and payable not more than thirty(30)days
after receipt by Client Past due amounts shall accrue interest at the rate of one and one-half percent(1-1/2%) per
month Invoices shall be accompanied by such data as may be required to support the invoices, when requested by
the Client
Page 2 Engineering Economics Inc.
Terms and Conditions—Long Form
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Engineering Economics Inc "
Engineer's General Terms and Conditions
B Client's payment of Engineer's final invoice shall constitute a release of all claims by Client against Engineer except
for any claim specifically reserved by Client in writing at the time of final payment
C Engineer shall be entitled to suspend performance of Services if invoices are unpaid for 60 days or longer
11. Sales and Similar Taxes
Engineer's compensation does not include sales,use, excise or similar taxes. Consequently, in addition to the compensation
set forth,the amount of any present or future sales, use, excise or other similar tax applicable to Services shall be paid by
Client,or in lieu thereof Client shall provide Engineer with tax-exemption evidence acceptable to the taxing authorities.
12. Suspension and Termination
A Client shall have the right to suspend or terminate all or a portion of the Services at any time upon prior written
notice to Engmeer In the event of termination, Engmeer shall be paid Engineer's compensation for all Services
performed up to the termination date,plus reasonable termination expenses,if any
B This Agreement may be terminated by either parry upon seven (7) days' written notice should the other party fail
substantially to perform in accordance with its terms through no fault of the party initiating the termination
C In the event Client shall delay or suspend the work without termination,Engineer shall be entitled to terminate its
performance of the Services upon the expiration of six(6)months following the date of such delay or suspension i
D. In the event performance of the Services is suspended, Engineer's compensation shall be equitably adjusted to
reflect such suspension Engineer shall advise Client of the compensation adjustment resulting from the suspension
of Services The compensation adjustment will be based on Engineer's ability to reasonably relocate personnel, and
any materials or equipment during the suspension period
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E If the financial condition of Client at any time does not,in the judgment of Engineer,justify continuance of Services
on the terms of payment agreed upon, Engineer may require adequate assurance of Chent's ability to pay for
Services performed In the event such reasonable assurance is not timely received by Engineer, it shall be entitled to
cease further performance of this Agreement and shall receive reimbursement for its reasonable and proper
cancellation charges In the event of bankruptcy or msolvency of Client or in the event any proceeding is brought
against Client, voluntarily or involuntarily, under the bankruptcy or insolvency laws, Engineer shall be entitled to
cease further performance of this Agreement at any time during the period allowed for filing claims against the
estate and shall receive reimbursement for its reasonable and proper cancellation charges
13. Indemnification and Insurance
3
A. Engineer agrees to indemnify Client from and against all damage,loss,claim,or injury(including death)to persons
and to property caused by Engmeer's negligent acts,errors,or omissions in connection with the work.
B Engineer shall procure and maintain Worker's Compensation, Employers' Liability, and Comprehensive General
Liability insurance as required by law
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C. Copies of the Engineer's insurance certificates will be furnished to the Client upon written request
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D Cost of all other insurance required by the Client in the performance of Services will be charged to Client's account. '
14. Limitations of Liability
A Engineer's Lability on property damage claims of any kind, whether based on contract, warranty, tort, including
negligence or otherwise, for any loss or damage arising out of, connected with,or resulting from this Agreement, or
from the performance or breach thereof, or from all services covered by or furnished under this Agreement,shall in
no case, exceed the cost of leperformmg the Service to the same extent as the original, or the sum of$50,000 or
Engineer's Compensation paid pursuant to this Agreement, whichever is greater, and shall terminate one year after
completion of Services required under this Agreement
Page 3 Engineering i g g g Inc.
Terms and Conditions—Long Form
i
Engineering Economics Inc
Engineer's General Terms and Conditions
B In no event, whether on contract, warranty, or tort, including negligence or otherwise, shall Engineer be liable for
special, incidental, exemplary or consequential damages including,but not limited to, loss of profits or revenue, loss
of use of any equipment,cost of capital,cost of purchased power cost of substitute equipment, facilities or services,
downtime costs, or claims of customers of Client for such damages If Client is furnishing Engineer's services or
materials to a third party by contract,Client shall obtain from such third party a provision affording Engineer and its
suppliers the protection of the preceding sentence
C In no event shall Engineer be liable for any loss or damage whatsoever arising from its failure to discover or repair
latent defects,or defects inherent in the design of the building or equipment
D. Engineer's liability for any loss or damage shall not include loss or damage caused by defects not observable by
Engineer,or units or parts returned to use against the advice of Engineer
E. The invalidity, in whole or part, of any of the foregoing paragraphs will not affect the remainder of such paragraph
or any other paragraph of this article
15. Successors and Assigns
This Agreement shall be binding upon and inure to the benefit of the respective successors, executors, administrators, and
assigns of Engineer and Client
F
16. Non-Waiver
The failure by either party,at any time, to enforce or to require strict compliance or performance of any of the provisions of
this Agreement shall not constitute a future waiver of such provisions and shall not affect or impair in any way its rights at
any time to enforce said provisions or to avail itself of such remedies as it may have for any breach of such provision
17. Governing Law
The terms of this Agreement shall be construed and interpreted under, and all respective rights and duties of the parties shall
be governed by,the laws of the State of Washington
18. No Other Agreements;No Third Party Beneficiaries
All negotiations, proposals, and agreements prior to the date of this Agreement are merged and superseded by this '
Agreement This Agreement constitutes the entire Agreement between the parties and no changes, modifications or
amendments to this Agreement shall be valid unless agreed to by the parties in writing and signed by their authorized
officers This Agreement shall not be construed as granting any rights to any third party based on the theory of third party
beneficiary or otherwise
19. Binding Arbitration
In the event conflicts arise under this Agreement between EEI and Client,both parties agree that all disputes arising out of,or
relating to, this Agreement shall be submitted to non-bmdmg mediation unless the parties mutually agree otherwise In the
event that non-binding mediation is unable to resolve these conflicts, both parties further agree to resolve their disputes
through binding arbitration, as allowed by the laws governing the State of Washington, and pursuant to the Construction
Industry Arbitration Rules of the American Arbitration Association, such arbitration proceedings to be conducted in Seattle,
Washington
END OF DOCUMENT
i
Page 4 Engineering Economics Inc.
Terms and Conditions—Long Form
i -
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
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
p Y e g
2. Commercial General Liabili insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract The Commercial General Liability
insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CG 25 03 11 85. There shall be no
endorsement or modification of the Commercial General Liability
insurance for liability arising from explosion, collapse or underground
property damage The City shall be named as an insured under the
Contractor's Commercial General Liability insurance policy with
respect to the work performed for the City using ISO additional
insured endorsement CG 20 10 11 85 or a substitute endorsement
providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant's
profession.
B. Minimum Amounts of Insurance
Contractor 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, $1,000,000 general aggregate
and a $1,000,000 products-completed operations aggregate limit.
e •
EXHIBIT B (Continued )
3 Professional Liability insurance shall be written with limits no less
than 51,000,000 per claim and 51,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions
for Automobile Liability and Commercial General Liability insurance:
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. Acceptability of Insurers
Insurance is to be placed with insurers with a current A M Best rating of not less than
AN IL
;i
f
E. 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 j
endorsement, evidencing the insurance requirements of the Contractor before
commencement of the work. F
f
F. 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.
Nov, 12. 2009 8: 31AM Engineering ECon0MICS, InC. No, 0798 P, 2
1 ® DATE(MMI)DNYYYI
Aci c v CERTIFICATE OF LIABILITY INSURANCE
11 6 2009
PRODUCER Phone. 303-B37-0500 Fax: 303-031-5295 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Gilder Insurance Corp, ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
'Van , Suite 2Co HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR
1515 W
Y p ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Denver CO 60202
INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURERA Harr ford 1 InSUr9nCe
Engineering Economics, Inc, INSURER aH r f ord T;nclerwrit_ersr
780 Simms Street, Suite 210
I
Golden CO 80401 NSURERGH r f r In f h i
- INSUREROXL Sr?gi5i1ry insurance
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED
NOTWITHSTANDING ANY REQUIREMENT, TERN 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 ,
RSR DD` POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
TR N RDATE jmyjDpjyyYYi DATE IMMIDDIYYYYI
A GENERAL LIABILITY 34SBALU5457 8/1/2009 6/1/2010 EACH OCCURRENCE
COMMERCIAL GENERAL LIABILITY PRFMBPS
_UA_M_AZTTUATN7FN 199S
CLAIMS MADE 7 OCCUR MEO FXP(AnY one efson $
PERSONAL P.ADV INJURY S
GENERALAGGREGATE S
GEN L AGGREGA7E LIMIT APPLIES PER PRODUCTS-COMP/OPAGG $
POLICY g PRO- LOC
$ AUTOMOBILE LIABILITY 34UECRC1462 8/1/2009 B/1/2010 COMBINED SINGLE LIMB -
ANYAUTO (Eaamdem) $1,000,000
ALL OWNED AUTOS BODILY INJURY
SCHEOULEDAUTOS (Perpercon) $
X HIREDAUTOS BODILY INJURY
NON-OWNED AUTOS
(Parsodden0 S
PROPERTY DAMAGE S
(Per acdoan0
GARAGE LIABILITY AUYO ONLY-EA ACCIDENT S
ANY AUTO OTHERYHAN EA ACC S
AUTO ONLY- AGO S
A EXCESS/UMBRELLA LIABILITY 34SBALU5457 8/1/2009 8/l/2010 EACHOCCUR9ENCE E5 000 000
OCCUR CLAIMS MADE AGGREGATE S 5,000,000
3
DEDUCTIBLE S
RETENTION S101000 a
WORKERS COMPENSATION WC 1TA1 TR
C AND BMPLOYERS'LIABILITY 34WBGRE2692 8/1/2009 8/1/2010
ANY PROPRIETOR/PARTNEWEXECUTNE YI❑ EL EAOHACCIDENT S 1 000,000
OFFICERIMEMBER EXCLUDED?
(Mandatory In NH) EL DISEASE EA EMPLOYE 51 000 11110
11 Vea,OaaGIDe Under
SPECIAL PROVISIONS belor EL DISEASE-POLICY LIMIT 51 000 000
D OTHER PR9619069 8/1/2009 8/1/2010 per Clazm $11000,000
Professional Liability Annual Aagregate $2,000,000
Claims Made
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
f required by wr, tCten ContraCt or Written agreement, the following ProvISions apply subject to the policy terms,
conditions, limitations and exClueione• The Certificate Holder and Owner are inCluded as Additional Ineured3 for
ngoing and completed operations under General Liability; Designated Insured under Automobile Liability; and Additional
naured under Umbrella I Excess Liability but only with reapact to liability arising out of the Named Insured's work
erformed on behalf of the Certificate holder and owner This insurance will apply on a primary, non-Contributory
ontinued...
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSLRER
WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
City of Kent, Attn: Charlie Lindsey CERTIFICATE HOLDER NAMED TO THE LEFT, PUT FAILURE TO DO SO
Superintendent Of Facilities SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
220 Fourth Avenue South THE INSURER, ITS AGENTS OR REPRESENTATIVES. 10 DAYS NOTICE
Kent WA 96032 FOR NON-PAYMENT OF PREMIUM,
AUTHORIZED REPRESENTATIVE
ACORD 26(20091DI) 01986-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are regletered marks of ACORD
Nov, 12. 2009 8: 31AM Engineering Economics, Inc. No. 0798 P. 3
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(res) 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
This Certificate of Insurance does not constitute a contract between the issuing insurer(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 26(2009/01)
Nov. 12. 2009 8: 31AM Engineering Economics, Inc. No. 0798 P. 4
DF—SCRIPTIONS Continued.
basis A Blanket Waiver of Subrogation applies for General Liability, Automobile Liability and umbrella/Excess
Liability Limited contractual Liability is included The Umbrella. / Exceas Liability policy Provides excess coverage
over the General Liability and Automobile Liability
** Workers Compensation coverage does not apply to employees who are hired or reside in the States of North Dakota,
Ohio, Washington, West Virginia, and Wyoming Employer's Liability Stop Gap coverage applies to the States of North
Dakota, ohio, Washington, West Virginia, and Wyoming
RE 03-0959?, Kent Senior Center Heat Pump Replacement
Additional Insured. City of Kent
Nov. 12. 2009 8: 31AM En.7ineering Economics, Inc. No. 0798 P. 5 '
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED AND
RIGHTS OF RECOVERY AGAINST OTHERS
This endorsement modifies Insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
A Any person or organization whom you are required by contract to name as additional insured is an
"Insured" for LIABILITY COVERAGE but only to the extent that person or organization qualifies as an
"insured" under the WHO IS AN INSURED provision of Section Il - LIABILITY COVERAGE.
B For any person or organization for whom you are required by contract to provide a waiver of subrogation,
the Loss Condition - TRANSFER OF RIGHTS OF RECOVERS AGAINST OTHERS TO Us is applicable.
f Form HA 99 13 0187 Printed in U.S.A.
Nov, 12, 2009 8: 32AM Engineering Economics, Inc. No, 0798 P. 6
• BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or b. Coverage under this provision does riot
control of, or over which physical apply to;
control Is being exercised for any (1) "Bodily Injury' or "property damage"
purpose by you, any of your that occurred;or
"amployaps", 'volunteer workers", (y) "personal and advertising Injury"any partner or member (if you are prising out of an offense committed
a partnership or joint venture), or
any member (If you are a IlmHed before you acquired or formed the
liability company) organization,
b, Real Estate Manager 4, Operator Of Mobile Equipment
Any person(other than your"employee'or With respect to "mobile egtllpmenr registered in
".volunteer worker"), or any organization your name under any motor vehicle registration
while acting as your real estate manager. law, any person Is an Insured while drlvkV such
c. Temporary Custodians Of Your equipment along a public highway with your
Property petmissbn, Any other person or organization
Any person or otpanlzatlon having proper responsible for the conduct of suds person is
temporary custody of your property If you also an insured, but only with respect to liability
arising out of the operation of the equipment,and
die,but only: only If no other Insurance of any kind is available
(1) With respect to liability arising out of the to that person or organizatoon for this liability,
maintenance or use of that property;and However,no person or organization Is an insured
(2) Until your legal representative has with respect to:
been appointed. a. "Bodily Injury" to a co-"employee" of the
d. Legal Representative If You Die person driving the equipment;or
Your legal representative If you die, but b• 'Property damage" to property owned by,
only with respect to duties as such, That rented to, in the charge of or occupied by
representative will have all your rights end you or the employer of any person who is
duties under this Insurance. an insured under this provlslon.
6. Unnamed Subsidiary S. Operator of Nonownod Watercraft
Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that
yours which is a legally incorporated entity is less than 51 feel long and Is not being used
of which you own a financial Interest of to carry persons for a charge,any person is an
more then 5D% of the voting stock on the Insured while Operating such watercraft with
efeGtive date of this Coverage Part. your permission, Any other person or
The Insurance afforded herein for any organization responsible for the conduct of
such person is also an Insured but on with
subsidiary not shown In the Declarations respect to liability arising out of the operation
a5 a named insured does not apply to of the watercraft, and cnty If no outer
Injury or damage with respect t which an insurance of any kind Is available to that
Insured under another policy or would be
Insured under Insurance Is also an person or organization for this Ilablllty,
an insured under such policy but for its However, no person or organization is an
termination Or upon the exhaustion of its Insured with respect to:
limits of Insurance, a. "Bodily injury' to a Go-'employee" of the
3. Newly Acquired Or Formed Organization person operating the watercraft;or
Any organization you newly acquire or form, b• 'Property damage' to property owned by,
other than a partnership, Joint venture or rented to, In the charge of or occupied by
limited liability company, and over which you you or the employer of any person who is
maintain financial interest of more than 50% of an Insured under this provision.
the voting stock, will qualify as a Named 8. Addhionol 1noureds When Required By
Insured if there Is no other similar Insurance Written Contract, Written Agreement Or
available to that organization However: Permit
a, Coverage under this provision Is afforded The person(s) or organizatlon(s) identified in
only until the 180th day after you acquire Paragraphs a. through f, below are additional
or form the organization or the end of the Insureds when you have agreed, in a written
policy period,whichever is earner, and
C, ..., 012 nn 119 nA nc
Nov, 12, 2009 8 : 32AM Engineering Economics, Inc. No. 0793 P. 7
BUSINESS LIABILr Y COVERAGE FORM
contract, written agreement or because of a (a) Any failure to make such
permit Issued by a state or political inspections, adjustments, tests or
subdivision, that such person or organization servicing as the vendor has
be added as on additional Insured on your agreed to make or normally
policy, provided the Injury or damage occurs undertakes to make In the usual
.subsequent to the execution of the contract or course of business, in connection
agreement,or the Issuance of the permit. with the distribution or sale of the
A person or organization Is an additional products;
Insured under this provision only for that (1) Demonstration, Installatioh,
period of time required by the contract, servicing or repair operations,
agreement or permit. except such operations performed
However, no such person or organization Is ansuch connection with the sale of the at the vendor's premises in
additional Insured under this provision if such product;
person or organization Is Included as an
additional Insured by an endorsement Issued (9) Products which, after dlstrlbutlon
by us and made a part of this Coverage Part, or sate by you, have been labeled
including all persons or organizations added or relabeled or used as a
as additlonal insureds under the specific container, part or Ingredient of any
additional insured coverage grants In Section other thing or substance by or for
F.--Qplional Additional Insured Coverages. the vendor;or
a. Vendors (h) "Bodily injury" or "property
Any person(s)or organizatb damage' arisingout of the solen(s) (referred to negligence of he vendor for Its
bekYw as vendor), but only with respect to own acts or omissions or those of
"bodily Injury" or 'property damage" arising Its employees or anyone else
out of "your products"which are distributed y
or sold In the regular course of the vendor's acting on its behalf. However,this
business and only If this Coverage Part exclusion does not apply to:
provides coverage for 'bodily Injury" or (1) The exceptions contained in
'Property damage" Included within the Subparagraphs (d)or(f);or
"products-completed operations hazard". (11) Such inspections, adjustments,
{1) The insurance afforded to the vendor tests or servicing as the vendor
Is sub)ect to the following additional has agreed to make or normally
excluiduns; undertakes to make In the usual
This Insurance does not apply to: course of business, in
(a) "Bodily Injury" or "props conneotlon with the distribution
damage" for which the vendor is or sale oftfiepraducts.
obligated to pay damages by (2) This Insurance does not apply to any
reason of the assumption of Insured PeWn br organization from
liabllity In a contract or agreement. whom you have acquired such products,
This exclusion does not apply to or any ingredient, pars or container,
liability for damages that the entering Into, accompanying or
vendor would have In the absence containing such products,
of the contract or agreement; b. Lessora Of Equipment
(b) Any express warranty (1) Any person or organization from
unauthoozed by you; whom you lease equipment; but only
(c) Any physical or chemical change with respect to their liability for"bodily
In the product rnade Intentionally Injury", "property damage" or
by the vendor; "personal and advertising injury"
caused, in whole or In part, by your
(d) Repacka ft. except when maintenance, operation or use of
unpacked solely for the purpose or equipment (eased to you by such
Inspection, demonstralion, testing, person or organization.
or the substttil M of parts under
Instruct♦ons from the manufacturer,
and then repackaged In the
original container;
Pane 12 of 24 Fnnn its An na ne na
Nov, 12. 2009 8, 32AM Engineering Economics, Inc. No. 0798 P. 8
• BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An When this insurance Is excess over other
Additional Insured To Other Insurance, we will pay only our share of
Insurance the amount of the loss, if any, that
That is other Insurance available to exceeds the sum of:
you covering liability for damages (1) The total amount that all such other
arising out of the premises or insurance would pay for the loss In the
operations, or products and completed absence of this insurance;and
operations, for which you have been (2) The total of all deductible and self-
added as an addltlonai Insured by that Insured amounts under all that other
insurance;or Insurance
t7) When You Add Others As An We will share the remaining loss,If any,with
Additional Insured Tot This
any other insurance that is not described in
insurance this Exoess Insurance provision and was not
That Is other Insurance available to an bought apectficalry, to apply h excess of the
additional insured. Limits of Insurance shown In the
However, the following provisions Declarations of this Coverage Part
apply to other Insurance avellabie to c. Method Of Sharing
any person or organization who Is an If all the other Insurance permits
addtional Insured under this Coverage contribution by equal shares,we will follow
Part this method also Under this approach,
(a) Primary Insurance When each insurer contributes equal amounts
Required By Contract until It has paid its applicable limit of
This insurance Is primary If you insurance or none of the loss remains,
have agreed in a written contract, whichever comes first.
written agreement or permit that If any of the other Insurance does not permit
this Insurance be primary. If other contribution by equal shares, we Willi
insurance Is also primary, we will contribute by limits. Under this method,each
share with all that other Insurance Insurer's share Is based on the ratio of its
by the method described In c. applicable limit of Insurance to the total
below. applicable limits of insurance of all insurers
(b) Primary And Non-Contributory S. Transfer Of Rights Of Recovery Against
To Other Insurance When Others 7o Us
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed In a written If the Insured has rights to recover all or
contract, written agreement or port of any payment, Including
Permit that this Insurance is Supplementary Payments, we have made
Primary and non-contrlbutory with under this Coverage Part, those rights are
the addtional insured's own transferred to us. The insured must do
Insurance, this insurance is nothing after loss to impair them. At our
primary and we will not seek request, the insured will bring 'suit" or
contribution from that other trensfor those nghts to us and help us
Insurance enforce them. This condttion does not
Paregraphs.(a) and(b) do not apply to apply to Medical Expenses Coverage.
other Insurance to which the additional b. Waiver Of Rights of Recovery (Wglver
insured has been added as an Of Subrogation)
additional insured.
If the Insured has waived any rights of
When this Insurance is excess, we will have no duty under this Coverage Part to recovery against any person or
defend the Insured against any"suit"if any organization for all or part of any payment,
other insurer has to duty to defend the Including Supplementary Payments, we
insured against that "suit", if no ocher have made under this Coverage Part, wealso waive that right, provided the insured
insurer defends, we will undertake to do waived their 'rights of recovery against
so, but we Will be entitled to the insured's such person or organization In a contract,
rights against etc those other Insurers agreement or permit that was executed
prior to the Injury or damage.
Form SS 00 08 04 05 Ds. a,^0 9A
Nov, 12. 2009 8; 32AM Engineering Economics, Inc. No. 0798 P. 9
N -
THIS ENDORSEMENT CHMMS THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT - AGGREGATE LIMITS (PER PROJECT)
ago This endorsement modifies Insurance provided under the following:
in
o BUSINESS UABILITY COVERAGE FORM
CD
0
A. Section D. LIABILITY AND WDICAL EXPENSES 4. If the applicable "project' has been abandoned
LIMITS OF INSURANCE is amended as follows: delayed, or abandoned and then restarted, or if
n
1. The General Aggregate Limit under Section D. the authorized ,contracting parties deviate from
a LIABILITY AND MEDICAL EXPENSES LIMIT plans, blueprints, designs, spgcirycationS or
OF INSURANCE applies separately to each of timetables, the "project' will still be deemed to
o your"projects'. be the same"project.
0
H 2. The limits shown in the Declarations for Llabipty S. The provisions of Section D. LIABILITY AND
1k and Medical Expenses Damage To Premises MEDICAL EXPENSES LIMIT OF INSURANCE
Rented To You and Medical Expenses continue not otherwise modified by this endorsement
go to apply. shall continue to apply as atlpuiated,
L3. When coverage for liability arising out of the S. Adddlonal Definitions
am "produCts-Complated operations hazard^ is 'rise fallowing definition Is added to Section 6.
r�
provided, any payments for damages because LIABILITY AND MEDICAI. EXPENSES
r+• of"bodily Injury' or"property damage" Included DEFINITIONS
In the 'products completed operations hazard` 1. 'Project" means °your work' at locations) away
will reduce the Products-Completed Operations
Aggregate Limit, and not reduce the General from premises owned or tarried to you.
Aggregate Lima,
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