HomeMy WebLinkAboutPW12-055 - Original - PACE Engineers, Inc. - James St Pump Station Project Design Services - 02/29/2012 Records Mapa" 'gem e-' nl-
KENT Document
WhSHINGTON
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: PACE Engineers, Inc.
Vendor Number:
JD Edwards Number
Contract Number: 0,,) �g. - ASS
This is assigned by City Clerk's Office
Project Name: James St. Pump Station
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: Date of the Mayor's Signature Termination Date: 12/31/13
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Kelly Casteel Department: Engineering
Detail: (i.e. address, location, parcel number, tax id, etc.):
Provide pump station design for the project.
S Public\Records Management\Forms\ContractCover\adcc7832 1 11/08
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KENT
WASHIN47ON
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
PACE Engineers, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and PACE Engineers, Inc. organized under the laws of the State of
Washington, located and doing business at 11255 Kirkland Way, Suite 300, Kirkland, WA
98033, Phone: (425) 827-2014/Fax: (425) 827-5043, Contact: Ken Nilsen (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:
The Consultant shall provide pump station design services for the James Street
Pump Station project. For a description, see the Consultant's February 10, 2012
Scope of Work which is attached as Exhibit A 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 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 by
December 31, 2013.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Fifty Eight Thousand, One Hundred Eighty Seven Dollars ($58,187.00), plus
applicable Washington State sales tax, 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.
CONSULTANT SERVICES AGREEMENT - 1
(Over$10,000)
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
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
n Internal
documents with appropriate federal and state agencies, include the t
9 9
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 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
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Consultant's part, then Consultant shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Consultant's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
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,
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
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
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, 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
CONSULTANT SERVICES AGREEMENT - 4
(Over$10,000)
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.
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: 41 `Zc.E?o. By: S;;L2� -
(signature) (signature)
Print Name: ICE iynkaH hi, nl�c-sc�✓ Pri Na uzette Cooke
Its V to L pry 610e✓T Its Ma or
DATE: Lod, l/ z DATE: l�
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Ken Nilsen Timothy J. LaPorte, P.E.
PACE Engineers, Inc. City of Kent
11255 Kirkland Way, Suite 300 220 Fourth Avenue South
Kirkland, WA 98033 Kent, WA 98032
(425) 827-2014 (telephone) (253) 856-5500 (telephone)
(425) 827-5043 (facsimile) (253) 856-6500 (facsimile)
APP OVED A TO F RM:
Kent Law Departmen
PACE-James P5 2/Casteel
CONSULTANT SERVICES AGREEMENT - 5
(Over$10,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
regarding equal opportunity.
The City of Kent is committed to conform to Federal and State taws ega g q
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this .20 day of FE$UyAR1 , 2012
By: tkz- r�
For: PA-cc P—AJeiyF.zg --rA.1C_
Title: A/ r
Date: 2 L2 Cph Z_
f
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 , 20
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
EXHI BIT A
Engineers I Planners I Surveyors
PACE
An Engmeraiag Seances Comp my
February 10, 2012
Ms. Kelly Casteel,
Design Engineering Supervisor
City of Kent
Public Works
400 West Gowe St.
Kent, WA 98032
Subject: Kent James Street Stormwater Pump Station
Proposal for Professional Civil Engineering Services (Revised)
Dear Kelly:
Per our discussion this afternoon, I have modified our draft proposal for the scope of work and
associated design cost for the James Street Pump Station. Based upon our understanding of
the project, PACE Engineers, Inc is pleased to submit this proposed scope of work and fee for
your approval.
Project Understanding
An existing pump station located at the Mill Creek culvert crossing of James Street is designed
to address local flooding from the tributary sub-basin. During low flows the tributary area
currently drains to Mill Creek by gravity. During periods of hlgh flow within Mill Creek this area
is too low to drain by gravity to Mill Creek and the flows from the tributary area are pumped by
a single vertical turbine pump into Mill Creek. The tributary sub-basin to the James Street pump
station is approximately 4.9 acres in size, and generates approximately 2,700 gpm peak
stormwater flows during the 100-year return frequency storm event.
The City is looking at upgrading this system to a new duplex wet well pump station that would
discharge to a new forcemain constructed along Central Avenue/James Street which would
convey the flows to the Green River. The new system would continue to allow low flows to
drain by gravity to Mill Creek.
It is anticipated the that new duplex wet well pump station would consist of two (2) vertical
turbine pumps, each pump capable of handling a flow rate of 2,700 gpm (the City would like a
similar design to that of the Faster Park Pump Station project), PACE will base our design
around this general configuration. A new manhole will be installed over the existing pipe
feeding the existing wet well. A new intake line will feed the proposed 10-foot diameter wet
well and a new discharge line will convey the storm water to the City's new forcemain for
discharge to the river. It is our understanding that the City will be extending this forcemain to
the James Street Pump Station site under a separate project. It is also our understanding that
the City is proposing to acquire the parcel of land immediately to the north of the existing pump
PACE fngrnneis Inc ,
11255 Kirkland Way I Suite 900 1 Kirkland,WA 98033 °
p 425 827 2014 1 1 425 827 5043
paceengrs corn
Engineers I Planners I Surveyors
City of Kent
February 10, 2012
Page 2
station. This parcel is Intended to be used for the above grade shelters. The City under a
separate contract is proposing to demo the existing structure and raise the site 3 to 4 feet. The
City will provide to PACE the proposed finished ground elevation of this parcel. These above
grade facilities will consist of three canopy structures designed to protect equipment and
personnel during bad weather. One structure will cover the two exterior pumps, a second will
cover the electrical control panels and the third will cover a new generator. This proposal does
not include a sound attenuation enclosure around the pumps or generator. If a sound
attenuation enclosure is required the scope and budget would need to be adjusted accordingly.
Assumptions
• AutoCAD files of the site survey will be provided by the City to PACE.
• AutoCAD files of the new forcemain along James Street will be provided to PACE.
• PACE will design a new discharge line to the right-of-way of James St for connection to
the James Street forcemain.
• PACE will not be required to perform any survey of the site.
• System Interface will provide a separate budget for programming during the
construction phase.
• City to prepare contract documents with PACE providing additions to the special
provisions as required.
• All permitting will be done by the City.
Scope of Services
A detailed proposal consisting of six (6) tasks follows. This proposal includes necessary civil,
geotechnical, and electrical services through the design phase of this project. PACE will be the
prime consultant for the entire Scope of Work and will oversee and administer this Scope of
Work. PACE will complete all civil engineering services in-house. PACE will subcontract with
Follett Engineering for electrical engineering and Systems Interface for communication and
controls. A soils engineer will be required to take one boring sample at the location of the
proposed wet well to determine soil stability. Based upon our discussions we have not included
any survey on this project. If during the course of the project survey services are required, the
scope and budget would need to be modiFed accordingly.
We anticipate starting this work immediately and proceeding on a preliminary layout to submit
to the City for review. The estimated cost for this work $58,187 to be paid on a time
and expense basis.
SCOPE OF WORK
Task 1—Preliminary and Final Pump Station Design
This task includes preparing preliminary and final drawings of the proposed improvements to
submit to the City for review and comment. This work includes:
1. Determine if 1-phase or 3-phase power is available at the site. This will be used as the
0:\SCOPE\SURVEY\09SURVEY\I—B-BSP-SP-PLA7\PO9.560 MLK Way BLA 4 Short Plat der: PACE
Engineers I Planners I Surveyors
City of Kent
February 10, 2012
Page 3
basis for the 30% design.
2. Site layout including location of pump station, bypass manhole, control panels, fencing,
and generator.
3. Design details of new pump station and bypass manhole.
4. Design details of fencing, piping, fittings, valves, and recirculation line.
5. Traffic control and TESCP sheets.
6. Submit 30%, 90% and 100% project documents for City staff reviews, comments and
approval. Submit three sets for each review.
7. Begin permit coordination with regulatory agencies (if required).
8. Prepare budget-level construction cost estimate for each submittal.
9. Review the hydraulics of the Central Avenue forcemam. In particular the need for an air
vacuum release assembly. This review will also include an evaluation on the Phase 2
forcemam design to see if it would advantageous to the pump station design to upsize
the forcemai from 18-inch HDPE to 24-inch HDPE.
Task 2— Electrical Plans and Specifications
PACE sub-consultants Follett Engineering and Systems Interface (SI) will prepare plans and
specifications associated with the electrical requirements. Follett Engineering will provide plans
and specifications for site power needs. The first order of work will be to determine which
phase of power is available at the site. SI will provide plans and specifications for
communication and controls. SI will follow up by being the City's integrator on the project.
Both sub-consultants have worked together on similar projects with PACE and are both working
with the City on the Foster Park Pump Station project.
We have included SI's proposal for your information. At this time we are including SI's Phase 1
work only within our proposal. PACE will gladly modify our proposal to include additional SI
phases if requested by the City.
Task 3— Project Management/Coordination/Meetings
PACE will provide administration and coordination of the project. The following items are
included in this task:
1. Attend coordination meetings with the City as required. For budgetary purposes 16
hours have been allotted for meetings. Since the amount of meeting time is not under
our control, any time in excess of the budgeted 8 hours will be billed on a time and
material basis.
2. Conduct a field reconnaissance of site and other facilities with the design team and City
staff.
3. Coordination with subconsultants.
4. In-house project administration, scheduling, and direction of design team staff.
5. Preparation of monthly progress reports
Task 4—Contract Document Preparation
We anticipate the City taking the lead on the contract documents and modifying the Foster Park
0.\SCOPEISURVLY\09SURVEY\CJ.A-BSP-SP-PLA1�P09-560 I ILK Way BLA A Short Plat do[ PACE
Engineers I Planners I Surveyors
City of Kent
February 10, 2012
Page 4
Pump Station project specifications to meet the requirements of this project. We anticipate the
City will incorporate our 'Special Provisions" within their specifications. It is assumed that the
City will advertise, open bids and award the project with support from PACE.
Task 5—QA (Quality Assurance)
In order to assure that the final plans and specifications are complete, accurate and
appropriate, PACE will conduct a Quality Assurance review of the final documents prior to final
(100%) submittal to the City. This review will be assigned to a senior level principal who has
not been associated with the project. The review will consist of a complete sheet-by-sheet and
contract document review to assure the City that the documents meet or exceed the "level of
care"of our industry and are the highest quality possible.
Task 6—Construction Services (Optional Task)
PACE is a full-service engineering and surveying company that will be pleased to provide the
following construction services to the City of Kent in support of this project If requested by the
City. PACE proposes the following services during construction:
1. Bid assistance (City will advertise the project)
2. Construction management
3. Construction surveying/staking
4. Construction inspection
5. Compaction testing
6. Shop drawing review
7. Progress payment processing
8. Record drawing preparation
In summary, we have developed a scope of work based on our present knowledge of the
proposed project. We have tried to cover all aspects of the proposed project; however, if you
feel that additional areas of work require our attention, please don't hesitate to call.
Again, we are pleased to submit this scope of work to accomplish the Civil Engineering tasks for
this exciting and challenging project. We look forward to working with you.
Sincerely,
PACE Engineers, Inc.
Ken Nilsen, P.E.
Vice President
Attachments
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EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Consultant's Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 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
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
it 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.
3
EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 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 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 Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant,
A� oarE ( w)
CERTIFICATE OF LIABILITY INSURANCE 02/24120124/2012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW THIS CERTIFICATE OF INSU O A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AN
IMPORTANT, If the certificate holder is an ADDITIONAL INSURED, the po Icy les must be endorsed If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy,certain policie requiren e andorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsements) 7
PRODUCER Phone (360)598-3700 Fax (360)5983703 CONTACT MICHAEL J.HALL&COMPANY
NAMEMICHAEL J.HALL&COMPANY CITY
t!/ PHONE
1 I OF KEN ac W E, (360)598-3700 F� No (360)598-3703
HALL&COMPANY E-MAIL
1966010TH AVENUE N.E. ENGINEERING DEP -ADDRESS
POULSBO WA 98370 INSURER(S) AFFORDING COVERAGE NAIC#
INSURER Zurich American Insurance Company 16535
INSURED INSURERS Hartford Casualty Insurance Co T 29424
Pace Engineers,Inc.
11255 Kirkland Way Ste 300 INSURER C
Kirkland,WA 98033-3417 INSURER D
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER. 154941 REVISION NUMBER'
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
ADD'L SUER POLICY EFF POLICY EXP LIMITS
INSR TYPE OF INSURANCE M/
LTR INSR VVVO POLICY NUMBER MM/DDYY MMID
B GENERAL LIABILITY 62SBADE5745 04/27/11 04/27/12 EACH OCCURRENCE $ 2,000,000
DAMAGE TO RENTED $ 300,000
X COMMERCIAL GENERAL LIABILITY PREMISES(Ea ommenm)
CLAIMS-MADE �OCCUR MED EXP(Anyone person) $ 10,000
X OCP,XCU,BFPD PERSONAL&ADV INJURY $ 2,000,000
X Separation of Insured GENERAL AGGREGATE $ 4,000,000
GENT AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 4,000,000
POLICY X PRO $
LOC CO BINED JECT
B AUTOMOBILE LIABILITY 62SBADE5745 04/27111 04/27/12 (EaeoddeM)SINGLE LIMIT $ 2,000,000
ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED
AUTOS AUTOS BODILY INJURY(Per accident) $
X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $
AUTOS
B X UMBRELLA LIAR X I OCCUR 62SBADE5745 04127/11 04/27/12 EACH OCCURRENCE $ 1,000,000
EXCESS LIAR CLAIMS-MADE AGGREGATE $ 1,000,000
DED I X RETENTION$ 10,000 $
WORKERS COMPENSATION 52SBADE5745 04127/11 04/27/12 T C Y LIMIITS X ER $ WA Stop Gap
B AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE YIN EL EACH ACCIDENT $ 1,000,000
OFFICERIMEMBER EXCLUDED? I NIA EL DISEASE-EA EMPLOYEE $ 1,000,000
(Mandatory in NH)
If yes describe urder EL DISEASE-POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS below
A Professional Liability Claims Made Forth EOC938526802 04/27/11 04/27/12 $2,000,000 Per Claim Retro Date:
$2,000,000 Aggregate Jan 01,1992
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Adchbonal Remarks Schedule,if mom apace is required)
Project:James Street Stormwater Pump Station
City of Kent is an Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or
agreement regarding activities by or on behalf of the Named Insured This insurance is primary insurance and any other insurance
maintained by the Additional Insured shall be excess only and non-contributing with this insurance
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Kent Engineering THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
400 W Gowe St ACCORDANCE WITH THE POLICY PROVISIONS
Kent,WA 98032-6019 AUTHORIZED REPRESENTATIVE
6�
Attention: Nancy Yoshitake
Ashley L Hurd
ACORD 25(2010105) 0 1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or b. Coverage under this provision does not
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
"employees", "volunteer workers", "
any partner or member(if you are (2} "Personal and advertising injury
a partnership or joint venture), or arising out of an offense committed
any member (if you are a limited before you acquired or formed the
liability company). organization.
a b. Real Estate Manager 4. Operator Of Mobile Equipment
Any person(other than your employee"or With respect to "mobile equipment' 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 driving such
c. Temporary
a
equipment along a public highway with your
P rY Custodians Of Your
Pro permission. Any other person or organization
P for the conduct of such person is
responsible
Any person or organization having proper also an insured, but only with respect to liability
temporary custody of your property if you 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 organization 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 and you or the employer of any person who is
duties under this insurance. an insured under this provision.
' e. Unnamed Subsidiary 5. Operator of Nonowned 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 feet 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 than 50% of the voting stock on the insured while operating such watercraft with
effective date of this Coverage Part. your permission. Any other person or
The insurance afforded herein for any organization responsible for the conduct of
subsidiary not shown in the Declarations such person is also an insured, but only with
as a named insured does not apply to ofthrespect to liability , and out of the operation
injury or damage with respect to which an in the watercraft, and only a no other
insured under this insurance is also an insurance rg any kind is available to that
insured under another policy or would be Person or organization for this liability,
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 co-"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 G. Additional Insureds 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 organization(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 earlier,and
Form SS 00 08 04 05 LLY Page 11 of 24
The Hartford
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a (ey 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 an 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 (f) Demonstration, installation,
period of time required by the contract, servicing or repair operations,
agreement or permit. except such operations performed
at the vendor's premises in
However, no such person or organization is an
connection with the safe of the
additional insured under this provision if such
person or organization is included as an product
additional insured by an endorsement issued (g) Products which, after distribution
by us and made a part of this Coverage Part, or sale by you, have been labeled
including all persons or organizations added or relabeled or used as a
as additional insureds uneer the specific container, part or ingredient of any
additional insured coverage grants in Section other thing or substance by or for
F.—Optional Additional Insured Coverages. the vendor,or
a. Vendors (h) "Bodily injury" or "property
Any person(s)or organization(s) (referred to damage" arising out of the sole
below as vendor), but only with respect to negligence of the vendor for its
"bodily injury" or "property damage" arising own acts or omissions or those out of"your products"which are distributed its employees or anyone else
acting on its behalf. However,this
or sold in the regular course of the vendor's
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 subject to the following additional has agreed to make or normally
exclusions: undertakes to make in the usual
course of business, in
This insurance does not apply to: connection with the distribution
(a) "Bodily injury" or "property or sale of the products.
damage" for which the vendor is (2) This insurance does not apply to any
obligated to pay damages by insured
reason of the assumption of person or products,
from
whom you have acquirreded such products,
liability in a contract or agreement such
This exclusion does not apply to or any ingredient, part yangcon finer,
e
liability for damages that the entering into, accompanying
nying or
vendor would have in the absence containing such products.
of the contract or agreement, b. Lessors Of Equipment
(b) Any express warranty (1) Any person or organization from
unauthorized by you, wham you lease equipment, but only
(c) Any physical or chemical change with respect to their liability for"bodily
injury', "property damage" or
in the product made intentionally
by the vendor, "personal and advertising injury"
caused, in whole or in part, by your
(d) Repackaging, except when maintenance, operation or use of
unpacked solely for the purpose of equipment leased to you by such
inspection, demonstration, testing, person or organization.
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
Page 12 of 24 Form SS 00 08 04 05
• , i
BUSINESS LIABILITY COVERAGE FORM
(2) With respect to the insurance afforded e. Permits Issued By State Or Political
to these additional insureds, this Subdivisions
insurance does not apply to any (1) Any state or political subdivision, but
"occurrence" which takes place after only with respect to operations
you cease to lease that equipment. performed by you or on your behalf for
c. Lessors Of Land Or Premises which the state or political subdivision
(1) Any person or organization from has issued a permit.
whom you lease land or premises, but (2) With respect to the insurance afforded
only with respect to liability arising out to these additional insureds, this
of the ownership, maintenance or use insurance does not apply to'
of that part of the land or premises (a) "Bodily injury", "property damage"
leased to you. or "personal and advertising
(2) With respect to the insurance afforded injury" arising out of operations
to these additional insureds, this performed for the state or
insurance does not apply to municipality;or
(a) Any "occurrence" which takes (b) "Bodily injury"or"property damage"
place after you cease to lease that included within the "products-
land or be a tenant in that completed operations hazard"
premises,or f. Any Other Party
(b) Structural alterations, new (1) Any other person or organization who
construction or demolition is not an insured under Paragraphs a.
operations performed by or on through e, above, but only with
behalf of such person or respect to liability for "bodily injury",
organization. "property damage" or "personal and
d. Architects, Engineers Or Surveyors advertising injury"caused, in whole or
(1) Any architect, engineer, or surveyor, but in park by your acts or omissions or
only with respect to liability for "bodily the acts or omissions of those acting
injury", "property damage" or "personal _ on your behalf:
and advertising injury"caused, in whole (a) In the performance of your
or in part, by your acts or omissions or ongoing operations;
the acts or omissions of those acting on (b) In connection with your premises
your behalf: owned by or rented to you;or
(a) In connection with your premises; (c) In connection with"your work"and
or included within the "products-
(b) In the performance of your completed operations hazard", but
ongoing operations performed by only if
you or on your behalf (i) The written contract or written
(2) With respect to the insurance afforded agreement requires you to
to these additional insureds, the provide such coverage to
following additional exclusion applies such additional insured, and
This insurance does not apply to (ii) This Coverage Part provides
"bodily injury", "property damage" or coverage for "bodily injury" or
"personal and advertising injury" "property damage" included
arising out of the rendering of or the within the "products-
failure to render any professional completed operations hazard".
services by or for you,including: (2) With respect to the insurance afforded
(a) The preparing, approving, or to these additional insureds, this
failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, "Bodily injury", "property damage" or
reports, surveys, field orders, ^personal and advertising injury"
change orders, designs or arising out of the rendering of, or the
drawings and specifications,or failure to render, any professional
(b) Supervisory, inspection, architectural, engineering or surveying
architectural or engineering services,including
activities.
Form SS 00 08 04 05 Page 13 of 24
BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or This General Aggregate limit does not
failure to prepare or approve, apply to "property damage" to premises
maps, shop drawings, opinions, while rented to you or temporarily
reports, surveys, field orders, occupied by you with permission of the
change orders, designs or owner, arising out of fire, lightning or
drawings and specifications,or explosion.
(b) Supervisory, inspection, 3. Each Occurrence Limit
architectural or ` engineering Subject to 2.a. or 2.b above, whichever
activities. applies, the most we will pay for the sum of all
The limits of insurance that apply to additional damages because of all "bodily injury",
insureds are described in Section D. — Limits "property damage" and medical expenses
Of Insurance, arising out of any one "occurrence" is the
How this insurance applies when other Liability and Medical Expenses Limit shown in
insurance is available to an additional insured the Declarations
is described in the Other insurance Condition The most we will pay for ail medical expenses
in Section E.—Liability And Medical Expenses because of "bodily"injury" sustained by any
General Conditions. one person is the Medical Expenses Limit
No person or organization is an insured with shown in the Declarations.
respect to the conduct of any current or past 4. Personal And Advertising Injury Limit
partnership, joint venture or limited liability Subject to 2.b. above,the most we will pay for
company that is not shown as a Named Insured in the sum of all damages because of all
the Declarations. "personal and advertising injury" sustained by
D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal
LIMITS OF INSURANCE and Advertising Injury Limit shown in the
Declarations
1. The Most We Will Pay
5. Damage To Premises Rented To You Limit
The Limits of Insurance shown in the the Damage To Premises Rented To You
Declarations and the rules below fix the most
we will pay regardless of the number of. Limit is the most we will pay under Business
Liability Coverage for damages because of
a. insureds; ^property damage"to any one premises,while
b. Claims made or"suits"brought;or rented to you,or in the case of damage by fire,
c. Persons or organizations making claims or lightning or explosion, while rented to you or
bringing"suits". temporarily occupied by you with permission of
2. Aggregate Limits the owner.
The most we will pay for in the case of damage by fire, lightning or
explosion,the Damage to Premises Rented To
a. Damages because of "bodily Injury" and You Limit applies to all damage proximately
"property damage" included in the caused by the same event, whether such
"products-completed operations hazard"is damage results from fire,lightnng or explosion
the Products-Completed Operations or any combination of these.
Aggregate Limit shown in the 6. How Limits Apply To Additional Insureds
Declarations.
b. Damages because of all other "bodily The most we will pay on behalf of a person or
injury", "property damage" or "personal organization who is an additional insured
and advertising injury", including medical under this Coverage Part is the lesser of
expenses, is the General Aggregate Limit a. The limits of insurance specified in a
shown in the Declarations. written contract, written agreement or
This General Aggregate Limit applies permit issued by a state or political
separately to each of your "locations" subdivision;or
owned by or rented to you. b. The Limits of Insurance shown in the
"Location" means premises involving the Declarations.
same or connecting lots, or premises Such amount shall be a part of and not in
whose connection is interrupted only by a addition to the Limits of Insurance shown in
street, roadway or right-of-way of a the Declarations and described in this Section.
railroad
Page 14 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this (1) Immediately send us copies of any
policy and any endorsements attached thereto demands, notices, summonses or
apples to any claim or"suit", the most we will pay legal papers received in connection
under this policy and the endorsements is the with the claim or"suit";
single highest limit of Lability of all coverages (2) Authorize us to obtain records and
applicable to such claim or "suit". However, this other information;
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3.above (3) Cooperate with us in the investigation,
settlement of the claim or defense
The Limits of Insurance of this Coverage Part apply against the"suR';and
separately to each consecutive annual period and to (4) Assist us, upon our request, in the
any remaining period of less than 12 months,starting enforcement of any right against any
with the beginning of the policy period shown in the person or organization that may be
Declarations, unless the policy period is extended liable to the insured because of injury
after issuance for an additional period of less than 12 or damage to which this insurance
months. In that case, the additional period will be
deemed part of the last preceding period for purposes may also apply.
of determining the Limits of Insurance. d. Obligations At The fnsured's Own Cost
E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own
GENERAL CONDITIONS cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
1. Bankruptcy than for first aid,without our consent.
Bankruptcy or insolvency of the insured or of S. Additional Insured's Other Insurance
the insured's estate will not relieve us of our If we cover a claim or "suit" under this
obligations under this Coverage Part Coverage Part that may also be covered
2. Duties In The Event Of Occurrence, by other insurance available to an
Offense,Claim Or Suit additional insured, such additional insured
a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the
other insurer for defense and indemnity.
You any additional insured must see to
it-thaatt le are notified n th
soon as
However, this provision does not apply to
e extent that you have agreed in a
practicable of an "occurrence" or an y g
offense which may result in a claim. To written contract, written agreement or
the extent possible, notice should include: permit that this insurance is primary and
non-contributory with the additional
(1) How, when and where the "occurrence" insured's own insurance
or offense took place;
„ f. Knowledge Of An Occurrence, Offense,
(2) The names and addresses of any Claim Or Suit
injured persons and witnesses; and paragraphs a. and b. apply to you or to
(3) The nature and location of any injury any additional insured only when such
or damage ansmg out of the "occurrence", offense, claim or "suit" is
`.occurrence"or offense. known to
b. Notice Of Claim (1) You or any additional insured that is
If a claim is made or "suit" is brought an individual;
against any insured, you or any additional (2) An
insured must: y partner, if you or an additional
insured is a partnership,
(1) immediately record the specifics of the
(3) Any manager, if you or an additional
claim or "suit and the date received; insured is a limited liability company;
and
(4) Any "executive o
(2) Notify us as soon as practicable. officer" or insurance
manager, if you or an additional
You or any additional insured must see to insured is a corporation;
it that we receive a written notice of the
claim or"suit"as soon as practicable (5) Any trustee, if you or an additional
insured is a trust;or
c. Assistance And Cooperation Of The
Insured (fi) Any elected or appointed official,if you
or an additional insured is a political
You and any other involved insured must: subdivision or public entity.
Form SS 00 OB 04 05 Page 15 of 24
c "
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f, applies separately to (3) We have issued this policy in reliance
you and any addrtionai insured upon your representations
3. Financial Responsibility taws b. Unintentional Failure To Disclose
a. When this policy is certified as proof of Hazards
financial responsibility for the future under If unintentionally you should fail to disclose
the provisions of any motor vehicle all hazards relating to the conduct of your
financial responsibility law, the insurance business at the inception date of this
provided by the policy for "bodily injury" Coverage Part, we shall not deny any
liability and "property,damage" liability will coverage under this Coverage Part
comply with the provisions of the law to because of such failure.
the extent of the coverage and limits of 7. Other insurance
insurance required by that law,
'mobile other valid and collectible insurance is
b. With respect to mobile equipment to available for a loss we cover under this
which this insurance applies, we will Coverage Part, our obligations are limited as
provide any liability, uninsured motorists, follows:
-underinswed motorists, -no-fault or other
coverage required by any motor vehicle a. Primary Insurance
law We will provide the required limits for This insurance is primary except when b.
those coverages. below applies. If other insurance is also
4. Legal Action Against Us primary, we will share with all that other
No person or organization has a right under insurance by the method described in c,
this Coverage Form: below.
a. To join us as a party or otherwise bring us b. Excess insurance
into a "sult" asking for damages from an This insurance is excess over any of the
insured,or other insurance, whether primary, excess,
b. To sue us on this Coverage Form unless contingent or on any other basis:
all of its tears have been fully complied (1) Your Work
with That is Fire, Extended Coverage,
A person or organization may sue us to recover Builder's Risk, Installation Risk or
on an agreed settlement or on a final judgment similar coverage for"your work",
against an insured, but we will not be liable for (2) Premises Rented To You
damages that are not payable under the terms of That is fire, lightning or explosion
in rented this insurance or that are in excess of the insurance for premises reed you
applicable limit of insurance An agreed in temporarily occupied nt you with
settlement means a settlement and release of permission of the owner,
lability signed by us, the insured and the
claimant or the claimant's legal representative (3) Tenant Liability
S. Separation Of Insureds That is insurance purchased by you to
Except with respect to the Limits of Insurance, K over your liability as a tenant for
and any rights or duties specifically assigned property damage" to premises rented
to you or temporarily occupied by you
in this policy to the first Named Insured, this
insurance applies with permission of the owner;
a. As if each Named Insured were the only (4) Aircraft, Auto Or Watercraft
Named Insured; and If the loss arises out of the maintenance
b. Separately to each insured against whom or use of aircraft,"autos"or watercraft to
a claim is made or"suit"is brought. the extent not subject to Exclusion g. of
6. Representations Section A.-Coverages.
(5) Property Damage To Borrowed
a. When You Accept This Policy Equipment Or Use Of Elevators
By accepting this policy,you agree: If the loss arises out of "property
(1) The statements in the Declarations damage" to borrowed equipment or
are accurate and complete; the use of elevators to the extent not
(2) Those statements are based upon subject to Exclusion k. of Section A.-
representations you made to us, and Coverages.
Page 16 of 24 Form SS 00 08 04 05
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 additional insured by that insured amounts under all that other
insurance,or insurance
(7) When You Add Others As An We will share the remaining loss,If any,with
Additional Insured To This any other insurance that is not described in
Insurance I
this Excess Insurance provision and was not
That is other insurance available to an bought specifically to apply in excess of the
additional insured. Limits of Insurance shown in the
However, the following provisions Declarations of this Coverage Part.
apply to other insurance available to c. Method Of Sharing
any person or organization who is an if all the other insurance permits
additional 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 Irmit 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 will
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 8. Transfer Of Rights Of Recovery Against
To Other insurance When Others To 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
perrrut that this insurance is Part of any payment, including made
Supplementary Payments, we have made
primary and non-contributory with under this Coverage Part, those rights are
the additional 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 transfer those rights to us and help us
insurance. enforce them This condition does not
Paragraphs(a)and(b)do not apply to apply to Medical Expenses Coverage.
other insurance to which the additional
insured has been added as an -IN b. Waiver Of Rights Of Recovery (Waiver
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
organization for all or part of any payment,
defend the insured against any"suit" if any including Supplementary Payments, we
other insurer has a duty to defend the have made under this Coverage Part, we
insured against that "suit". If no other also 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 all those other insurers. agreement or permit that was executed
prior to the injury or damage
Form SS 00 08 04 05 Page 17 of 24
REQUEST FOR MAYOR'S SIGNATURE
• Please Fill in All Applicable Boxes
KENT WNSMIN GTON This form must be printed on cherry paper
Routing Information (ALL REQUESTS MUST FIRST RE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: Kelly Casteel Phone (Originator) 5561
Date Sent 2/29/12 Date Required 3/7/12
Return Signed Document to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/13
VENDOR NAME: PACE Engtneers, Inc DATE OF COUNCIL APPROVAL: 2/21/12
Brief Explanation of Document
The attached agreement is for PACE Engineer to provide pump station design services for the James Street Pump
Station project For a explanation, see the attached prepared by Kelly Casteel
All Contracts Must Be Routed Through the Law Department
T (sjArea�to be By the Law `partment)
4'
Received: ) U 1/1�[J�
Approval of Law Dept . 2 9 2012
Law Dept. Comments. P11
Date Forwarded to Mayor-
Shaded Areas to He Completed by Administration Staff
Received `` I
�r 'N
Recommendations & Comments. =�^
Disposition z9 7Z
Date Returned
Iage5870_temdatebase 2/07