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HomeMy WebLinkAboutPW14-049 - Original - Candela - Kent Regional Trail Connector Lighting Design Services - 03/04/2014 ��*,,n �r e r s ar� a, e ent KENO" Document Wasrvirvaroe 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: Candela Vendor Number: JD Edwards Number Contract Number: 1" w 0,1 - oil q This is assigned by City Clerk's Office Project Name: Kent Regional Trail Connector Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 3/4/14 Termination Date: 4/15/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Madfai Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Provide lighting design services for theproject. S:Public\Records Management\Forms\ContractCover\adcc7832 11/08 KENT CONSULTANT SERVICES AGREEMENT between the City of (Cent and Candela THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Candela organized under the laws of the State of Washington, located and doing business at 4100 194th Street SW, Suite 400, Lynnwood, WA 98036-0554, Phone: (206) 667-0555/Fax: (206) 667-0554, Contact: Denise Fong (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 lighting design services for the Kent Regional Trail Connector Project. For a description, see the Consultant's 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. Consultant shall complete the work described in Section I by April 15, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Three Thousand, Six Hundred Dollars ($3,600.00), 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 B. 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 any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. 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. 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. _,��z�f'CU/j/f�T64rUJ�NIa Akf 077-e2 1-,WeizW e 7-`iS� 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 C 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 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. CONSULTANT SERVICES AGREEMENT - 3 (Under$10,000) 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 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 CONSULTANT SERVICES AGREEMENT - 4 (Under $10,000) 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. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. 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: ��z �z �/ �rst. By: (sign ture) (signature) Print Name: V ise i3.� l Ala Print Name: Mark Howlett Its: Its: Design Engineering Manager (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Denise Fong Timothy J. LaPorte, P.E. Candela City of Kent 4100 194`' St. SW, Suite 400 220 Fourth Avenue South Lynnwood, WA 98036-0554 Kent, WA 98032 (206) 667-0555 (telephone) (253) 856-5500 (telephone) 206) 667-0554 (facsimile) (253) 856-6500 (facsimile) Candela-Kent Reg Tra11/Hor, CONSULTANT SERVICES AGREEMENT 5 (Under$10,000) DECLARATION CITY OF !CENT 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. By. - For. Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. 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 Candella Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Kent Regional Trail Connector that was entered into on the March 4, 2014 (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. By: For: "A A, `&Z fJ z , Title: l L A_ tZi r Date: ,Ll III EEO COMPLIANCE DOCUMENTS - 1 EXHIBIT A ATLACHMEN'I 135: I.IGI I I fNG DESIGN SCOPE BY CANDELA Mr.Mark Madfai Interurban Trail Connector-Kmit,WA February 10,2014 This Attachment defines our Proposed Lighting Design scope,process,and deliverables. Refer to the fee proposal cover letter and other attachments for additional information. LIGHTING CONSULTING SERVICES SCOPE The following Scope is included in this Proposal: LIGHTING SYSTEMS Exterior area lighting for the connecting trail LIGHTING CONTROL SYSTEMS • Not included. LIGHTING DESIGN PROCESS AND DELIVERABLES The above Scope will be addressed during each Design Phase and shall include deliverables as follows: DESIGN AND DOCUMENTATION • Review and confirm schematic design documentation and Owner's program, budget and schedule • Design development lighting fixture layout • Fixture selection,Luminaire schedule and Luminaire catalog cu is • Lighting Illumination calculations • Energy code analysis • Review a single design development opinion of probable construction cost prepared by others. • One design presentation to Owner and/or design team • Design development meetings/site visits (One site visit and one meeting via teleconference are included). CONSTRUCTION ADMINISTRATION No services are offered at this time but may be added at a later date. LEED PROCESS • No LEED services are included at this time LIGHTING DESIGN ASSUMPTIONS, OPTIONAL SERVICES, EXCLUSIONS OPTIONAL SERVICES ADDITIONAL SERVICES MAY BE PROVIDED FOR ADDITIONAL FEE AND MAY INCLUDE, BUT ARE NOT LIMITED TO: • Attendance at meetings in excess of those meetings stated herein • Life cycle cost analysis Outline specifications • Preparation of design mock-ups • Site visits to other facilities or factories to review lighting systems or components • Design of custom light fixtures and review of prototypes • Analysis of substitute/alternative fixture submittals after the award of construction contract • 3D computer rendering of lighting design and performance • Hand rendering of lighting design and performance 0 Design of emergency egress lighting. ATTACHNIEN'1 R,S: I IGH LING DESIGN SCOPE BY CANDELA Mr. Mark Madfai Interurban Trail Connector-Kent,WA February 10,2014 • Final lamp schedule for relamping • Construction record drawings review and approval • Design and specification of the following control systems: o Low voltagelighfingcontrols o Lighting dimming system o Lighting energy management system (including tayout,zone schedule, control station schedule,1-line diagram of system with photocells,time clock,O.S. and server system) • Review and assess contractor claims for change orders • Review one package of Contractor provided final completion documentation and warranties and one resubmittal package. EXCLUSIONS Any Lighting Design scope,process and deliverables not identified in this attachment shall be Additional Services,and may be provided as defined in Attachment D: Proposal Terms and Conditions. END ATTACHMENT B.5 LIGI I I'ING DESIGN SCOPE BY CANDFLA ATTACHMENT C ELECTRONIC DOCUMENT REQI;IRFMEN'IS Mark Martial Interurban Trail Connector-Kent,WA February 10,2014 This proposal is based upon producing and receiving electronic drawing files for the project in the latest version of AutoCAD. It is also based upon the following assumptions: • Candela will be provided with architectural backgrounds by the Architect and necessary background information by the other design team members. • Backgrounds are to be provided with visibility of architectural annotation layers and/or elements controllable separate from other background elements. • Background updates shall be one update per design phase milestone. • Uploads of Candela's drawing files shall be one upload per design phase milestone. • Candela may provide the construction contractor with the drawing files to support their completion of as-built documents. While the following services may be provided,they are not included in this proposal: • Changing versions of AutoCAD during the project. • Using non-Candela Standards,including,but not limited to,fonts,symbols or layering. • Converting drawings during or at the end of the project to a different version or format or standard. If the electronic document and drawing requirements of this project differ from the above assumptions and understandings,Candela can update their scope of work and fee to match the requirements. FND ATTACI IMENT C: ELECTRONIC DOCUMENT REQUEREMENTS ATTACHMFN'I D:PROPOSAL TERMS AND CONDITIONS Mark Madfai Interurban Trail Connector-Kent,WA February 10,2014 These Terms and Conditions further define the basis of this Proposal: Design Information: We will request certain design information within each design phase to properly perform our work. We expect to receive such information on or before due dates given in order to meet project deadlines. Final information for project milestone deliveries is required to be received up to two weeks prior to the scheduled delivery deadlines. information received after this time may be incorporated in the next subsequent milestone delivery. Any design information requested and not received prior to the completion of the Construction Documents phase will be accepted and processed as an Additional Service. Project Schedule: This Proposal is based upon the available information about the Project schedule provided by the Client at time of the proposal. Changes to the scope,revisions to the project,or schedule changes may require additional compensation and/or additional time to complete the work. Reproduction: This proposal assumes that the Client or Architect will be responsible for printing/reproduction costs related to all Owner review,Bidding or Negotiation and Construction Documents Phases'plans and specifications. Value Analysis: If provided for in our scope,we will provide ongoing value analysis throughout the design process. Value analysis(value engineering) after the issue of bid documents will be accepted on an Additional Services basis. Additional Services: Project design scope,process and/or deliverables that are not identified by this Proposal are Additional Services. We will identify any work requested of us which is deemed to be outside or beyond our scope of services to our Client,and will not proceed with any additional work until written authorisation to proceed has been given or acknowledged by our Client. If Client has authorized such additional work in either verbal or written form,Client shall be responsible for payment for those additional services regardless of payments' status from Owner or others. Reimbursable Expenses: The following are in addition to design fees compensation and are expenses incurred by us directly related to providing design services for this Project. Reimbursable Expenses are billed at cost plus 10%fee and may include: • Transportation and living expenses in connection with out of town travel(greater than 50 miles round trip from our serving office location) • International Long-distance communications • Fees paid for securing approval of authorities having jurisdiction over this Project • if authorized in advance by Client,expense of overtime work requiring higher than standard hourly billing rates • Expense of reproductions,postage,couriers,handling and delivery of our Instruments of Service borne directly by us • Expense of any additional insurance coverage or limits,including professional liability insurance, requested by our Client or Owner in excess of that currently carried by us • Testing equipment,rental fees and costs of electrician/specialist to place and remove equipment. Notices to Proceed and Commencement of Services: Sparling shall require written Notices to Proceed prior to starting work and any Additional Services for the Project. Any Notice to Proceed shall also be authorization for Sparling to invoice and procure payment for services performed. A I ACi IMENT D:PROPOSAL TERMS AND CONT)V IONS 1\ lyk Madfai Interurban trail Connector-Kent,WA February 10,2014 Billings/Payments: We shall invoice our Client on a monthly basis in our standard format. Invoices shall be paid within 45 days of receipt. Invoices shall be paid in full by Client without any set-offs,withholdings,discounts or penalties by Client or Owner. If an invoice is not paid wither 60 calendar days,we may,without waiving any claim or right against the Client, and without liability whatsoever to the Client,suspend the performance of our services and withhold deliverables. In the event any portion or all of an account remains unpaid 90 calendar days after billing, the Client shall pay all costs of collection,including reasonable attorneys'fees and our time and expenses to obtain payment. Professional Services Agreement: We require an executed Professional Design Services Agreement be accomplished with our Client not later than our completion of Design Development Phase services or 50% completion. We reserve the right to withhold any sealed documents until an executed Professional Design Services Agreement is in place on this Project. END ATTACHMENT D: PROPOSAL TERMS AND CONDTTIONS. EXHIBIT B Marl:Madfai Interurban']Tail Connector-Kent,WA February 10,2014 ATTACHMENT A BASIC SERVICES FEES This Attachment defiles our fees for delivering the professional services defined in this proposal. Design Phase Type pees Design Documentation TM $ 3,500.00 Cons ulting Fee To fals S 3,500.00 Es timated Reimbursable Expenses $ 100.00 Fee Type Legend: FX Lump Sum Fixed Fee billed on a percentage of completion basis. TM Time and materials billed at standard hourly rates (attached)to a project maximum. Unless otherwise stipulated,unbilled fee will roll to be available to the next phase. END ATTACHMENT A BASIC SERVICES FEES The fees quoted in this attachment are for an integrated whole project delivery by Candela. Specific phases and/or itemised scope line items are not separable without revising the quoted fees. Mark Madfai Interurban Trail Connector-Kent,WA February 10,2014 ATTACHMENT A: STANDARD HOURLY BILLING RATES CANDELA DESIGN 2013-STANDARD HOURLY BILLING RATES LIGHTING DESIGN PRINCIPAL 185.00 LIGHTING DESIGN C2 160.00 LIGHTING DFSiGN C3 150.00 LIGHTING DESIGN C4 140.00 LIGHTING DESIGN C5 130.00 LIGHTING DESIGN C6 120.00 LIGrriNG DESIGN C7 110.00 LIGHTING DESIGN C8 105.00 CADD DRAFTING 90.00 DOCUMENT PRODUCTION 85.00 HOURLY BILLING RATES SUBJECT TO CHANGE ANNUALLY ON JANUARY 1ST EXHIBIT C 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 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 $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT C (Continued) 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 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 ANII. 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. /� p Client#: 320962 SPARLINC ACORD.. CERTIFICATE OF LIABILITY INSURANCE DA10312014TE ) 3/03/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certlflcate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement,A statement on this certlflcate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: _ Kibble&Prentice,a USI Co PR PHONE 206 441-6300 FAX 610-362-8528 AIC No EXt: (AIC,No 601 Union Street,Suite 1000 ADDRESS: pl.certrequest@kpcom.com _- Seattle,WA 98101 INSURER(S)AFFORDING COVERAGE NAIC4 _ INSURER A:Continental Casualty Company 20443 INSURED INSURERS:XL Specialty Insurance Company 37885 Sperling,Inc. and their Division INSURER C Candela Lighting Design and Consulting INSURER D: .. 4100 194th Street SW, Suite 400 INSURER E: Lynnwood,WA 98036.4613 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _. INS LTR ADDTYPE OF INSURANCE INSR MD POUCYNUMBER MM�DI DV11'1'VY MMIDDY EXP LIMITS LTR INSR_MD I_ A GENERALLIABILITY 2099835326 12/31/2013 12/31/2014 EEpAAqCC�HHqOCCURRENCE $1 000,000 X COMMERCIAL GENERAL LIABILITY PREMISESOEaoccu ence $1 000000 CLAIMS-MADE (XI OCCUR MED EXP(Any one person) $10 000 PERSONAL B AOV INJURY $1,000 000 GENERAL AGGREGATE s2,000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X PR,T LOC $ A COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY 2099835343 12/31/2013 12/31/201 Ea accident 1,000,000 X ANY AUTO BODILY INJURY(Per person) Is ALL OWNED SCHEDULED ! BODILY INJURY(Par eccident)�$ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS '(Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _ T� EXCESS LIAR CLA_I_MS-MADE AGGREGATE DED RETENTION$ $ A WORKERS COMPENSATION WCSTATU- IOTH- ANO EMPLOYERS'LIABILITY 2099835326 12/31/2013 12/311207 X IE ANY PROPRIETORIPARTNERIEXEOUTIVEEN]YIN NIA (WA Stop Gap) E.L.EACH ACCIDENT $1 000 000 OFFICERM(Mandatory in EER E%CLUDEDi EL DISEASE-EA EMPLOYEE $1 000 000 (Mandatory in and Dyes, IPTI Nunder E.L.DISEASE-POLICY LIMIT $2,000,000 DESCRIPTION OF OPERATIONS below B Professional DPR9713206 12/31/2013 12/31f201 $3,000,000 per claim Liability $5,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS)VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) RE: Project No. B18458, City of Kent Regional Trail. The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement that provides Additional Insured status to the City of Kent, only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured.Coverage is Primary and Non-contributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Engineering Admin. I Public Works Dept. ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Nancy Yoshitake 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent,WA 98032 v f— ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S117709551M11551744 MXTJU POLICY NUMBER: 2099835343 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form.This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: Named Insured: Authorized Representative) SCHEDULE Name of Person(s)or Organization(s): BLANKET ADDITIONAL INSURE➢ WHERE REQUIRE➢ BY CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule 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 contained in Section II of the Coverage Farm. 9-23186-A OVA (Ed. 05189) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM SCHEDULE Name of Person or Organization: BLANKET WHERE REQUIRED BY CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) We waive any right of recovery we may have against the damage must arise out of your activities under a contract person or organization shown in the Schedule because of with that person or organization.The waiver applies only to payments we make for the injury or damage. This injury or the person or organization shown in the Schedule. i� 9-23186-A Page 1 of 1 (Ed. 05/89) SB-300176-B ICA/A Policy No. 2099835326 Sparling, Inc. (Ed. 01/08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGN ONE LIABILITY EXTENSION WITH OFFICE POLLUTION LIABILITY COVERAGE This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS SCHEDULE OF LIMITS FOR OFFICE PREMISES LIMITED POLLUTION LIABILITY COVERAGE Each Pollution Incident Limit $1,000, 000 Pollution Liability Aggregate Limit $2,000, 000 (If no entries appear in the above Schedule, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Table of Endorsement Contents Item# Topic Name Changes to Section A. Coverages 1. Enhanced Supplementary Payments Changes to Section B. Exclusions 2. Extended Property Damage Coverage 3. Contractual Liability for Personal and Advertising Injury Changes to Section C.Who Is An Insured 4. Additional Insureds: State or Political Subdivisions — Permits, State or Political Subdivisions, Controlling Interest, Managers or Lessors of Premises, Mortgagee, Assignee or Receiver, Co-owner of Insured Premises, Lessor of Equipment 5. Fellow Employee First Aid 6. Retired Partners, Members, Directors, and Employees 7. Participation in Professional Joint Ventures 8. Blanket Additional Insured with Products-Completed Operations Coverage and Blanket Waiver of Subrogation 9. Amendment—Aggregate Limits of Insurance (Per Project) Changes to Section F. Definitions 10. Extended Bodily Injury 11. Contractual Liability—Railroads 12. Office Premises -Limited Pollution Liability Coverage 1. Enhanced Supplementary Payments 2. Extended Property Damage The values shown in paragraph 1.f., Coverage Exclusion 1.a., Expected or Intended Injury, of Section Extension — Supplementary Payments, of Section B. Exclusions Applicable to Business Liability A. Coverages are amended as follows: Coverage, is deleted and replaced with the following: A. The amount shown in paragraph (b)for bail bonds This insurance does not apply to: is amended from$1,000 to$3,000. a. "Bodily injury" or "property damage" expected or B. The amount shown in paragraph (d)for actual loss intended from the standpoint of the insured. This of earnings because of time off work is amended exclusion does not apply to "bodily injury" or from $250. per day to$300. per day. "property damage" resulting from the use of reasonable force to protect persons or property. SB-300176-B Includes copyrighted material of the Insurance Services Office,Inc.,with its permission. Page 1 of 11 (Ed. 01/08) Copyright,Insurance Services Office,Inc. SB-300176-B (Ed.01108) With respect to the insurance afforded, these You are not insured for liability arising out of additional insureds, the following additional the acts or omissions of other co-venturers, exclusions apply: nor of their partners, members or employees. This insurance does not apply: This insurance is excess over any other insurance available to such a joint venture, 1. To any "occurrence" which takes place after whether primary, excess, contingent, or an the equipment lease expires;or any other basis. 2. To "bodily injury," "property damage" or B. The last paragraph of Section C. Who Is An "personal and advertising injury'arising out of the sole negligence of such additional Insured is deleted and replaced by the following: insured. Except as provided in 5, above, no person or Any insurance provided to an additional insured organization is an insured with respect to the designated under paragraphs A. through G. above conduct of any current or past partnership, joint does not apply to "bodily injury" or "property venture or limited liability company that is not damage" included within the "products-completed- shown as a Named Insured in the Declarations. operations hazard." 5. Fellow Employee First Aid 8. Blanket Additional Insured with Products- Completed Operations Coverage and Blanket Paragraph 2.a.(1)(d) of Section C. Who Is An Waiver of Subrogation Insured is deleted and replaced with the following: The following is added to Section C., - Who is an However none of these"employees" is an insured for: Insured: (d) "Bodily injury" or "personal and advertising injury" A. The Businessowners Liability Coverage form is arising out of his or her providing or failing to amended to include as an insured, any person or provide professional health care services. organization whom you are required to add as an However this restriction does not apply to first aid additional insured on this policy under a written administered by an "employee" who is not an contract or written agreement, but the written employed doctor or nurse, contract or written agreement must be: 6. Retired Partners, Members, Directors, and 1. Currently in effect or becoming effective Employees during the term of this policy;and Paragraph 2. of Section C. Who Is An Insured is 2. Executed prior to the "bodily injury," "property amended to include the following as insureds: damage,"or"personal and advertising injury." Individual persons who are retired partners, members, B. The insurance provided to the additional insured is directors or employees are also insureds, but only for limited as follows: "bodily injury," "property damage," "personal and 1 That person or organization is an additional advertising .sing injury"that results from services performed insured solely for liability due to your for you under your direct supervision. negligence specifically resulting from "your 7. Participation in Professional Joint Ventures work" for the additional insured which is the subjA. The following paragraph 5. is added to Section C. agrecf of the written contract or written Who Is An Insured: agreement. No coverage applies liability resulting from the sole negligence of the 5. You are also an insured for your participation additional insured. in a past or present joint venture that is not 2, The Limits of Insurance applicable to the named on the Declarations, but only if such additional insured are those specified in the joint venture meets all of the following criteria: written contract or written agreement or in the a. Each and every one of your co-venturers Declarations of this policy, whichever is less. are architectural, engineering or These limits of Insurance are inclusive of, and surveying firms; not in addition to, the Limits of Insurance b. The joint venture has no direct shown in the Declarations. employees; and 3. The coverage provided to the additional insured within this endorsement and section c. The joint venture does not own, rent or titled Liability and Medical Expenses lease any real or personal property. Definitions — "Insured Contract" (Section F., , within the Businessowners Liability However, you are insured only for the conduct item 9.) of your business within such a joint venture. Coverage Form, does not apply to "bodily SE-300176-B Includes copyrighted material of the Insurance Services Office,Inc.,with its permission. Page 3 of 11 (Ed. 01108) Copyright,Insurance services Once,Inc. SB-300176-B (Ed. 01/08) injury" or"property damage" arising out of the receive written notice of a claim or "suit" from the "products-completed operations hazard" additional insured. unless required by the written contract or D. Other Insurance (Section H.2. and H.3.) of the written agreement. Businessowners Common Policy Conditions 4. The insurance provided to the additional are deleted and replaced with the following: insured does not apply to "bodily injury," 2, This insurance is excess over any other "property damage," "personal and advertising insurance naming the additional insured as an injury" arising out of an architect's, engineer's, insured whether primary, excess, contingent or surveyor's rendering of or failure to render or on any other basis unless a written contract any professional services, including: or written agreement specifically requires that a. The preparing, approving, or failing to this insurance be either primary or primary prepare or approve maps, shop drawings, and noncontributing to the additional insured's opinions, reports, surveys, field orders, own coverage. This insurance is excess over change orders or drawings and any other insurance to which the additional specifications by any architect, engineer insured has been added as an additional or surveyor performing services on a insured by endorsement. project of which you serve as a 3. When this insurance is excess, we will have construction manager; or no duty under Coverages A or B to defend the b. Inspection, supervision, quality control, additional insured against any "suit" if any engineering or architectural services done other insurer has a duty to defend the by you on a project of which you serve as additional insured against that "suit" if no construction manager. other insurer defends, we will undertake to do 5. This insurance does not apply to "bodily so, but we will be entitled to the additional injury," "property damage," or "personal and insurer's rights against all those other insurers. advertising injury"arising out of: When this insurance is excess over other a. The construction or demolition work while you are acting as a construction or insurance, the will pay only our share of the demolition contractor. This exclusion amount of the loss, if any, that exceeds the sum of: does not apply to work done for or by you at your premises. (a) The total amount that all such other insurance would pay for the loss in the C. Businessowners General Liability Conditions — Duties in the Event of Occurrence, Offense, absence of this insurance; and Claim or Suit (Section E.2.) of the (b) The total of all deductible and self-insured Businessowners Liability Coverage Form is amounts under all that other insurance. amended to add the following: We will share the remaining loss, if any, with An additional insured under this endorsement will any other insurance that is not described in as soon as practicable: this Excess Insurance provision and was not 1. Give written notice of an occurrence or an bought specifically to apply in excess of the o Limits of Insurance shown in the Declarations offense to us which may result in a claim or of this Coverage Part "suit" under this insurance; 2. Tender the defense and indemnity of any E. Transfer of Rights of Recovery Against Others To Us (Section K.2.) of the Businessowners claim or "suit"to us for a loss we cover under this Coverage Part; Common Policy Conditions is deleted and replaced with the following: 0 3. Tender the defense and indemnity of any 2, We waive any right of recovery we may have claim or "suit" to any other insurer which also against any person or organization against has insurance for a loss we cover under this whom you have agreed to waive such right of Coverage Part; and recovery in a written contract or agreement 4. Agree to make available any other insurance because of payments we make for injury or which the additional insured has for a loss we damage arising out of your ongoing cover under this coverage part. operations or "your work" done under a contract with that person or organization and We have no duty to defend or indemnify an included within the "products-completed additional insured under this endorsement until we operations hazard." SB-300176-B Includes copyrighted material of the Insurance Services Office,Inc.,with its permission. Page 4 of 11 (Ed. 01/08) Copyright,Insurance Services Office,Inc.