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HomeMy WebLinkAboutPW15-261 - Original - PACE Engineers, Inc. - On-call Hydraulic Modeling - 07/29/2015 a ecord a rage ent KENT Document wneeieoroH r ., '. 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: 1"i%'! � — 6 This is assigned by City Clerk's Office Project Name: On-call Hydraulic Modeling Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 7/29/15 Termination Date: 12/31/15 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Sean Bauer Department: PW Operations i Contract Amount: $5,000.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Provide on-call hydraulic modeling services, As of: 0B/27/14 KEA1T 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 98033-6715, Phone: (425) 827-2014/Fax: (425) 827-5043, Contact: William Reynolds (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 on-call hydraulic modeling services. 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 December 31, 2015. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Five Thousand Dollars ($5,000.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of 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; CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) i 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. 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 CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) 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 Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) I writing to an alternative dispute resolution process, In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement, D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail, H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act, The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. 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. CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) K. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT CITY OF KENT _ WS 'nature�Er�.. 1' l f, - (signature) Print Name: (I 'r i s ,/?+ ) t. ff j' Print Name: David A. Brock, P.E. Its ' t ^t , Il t Its: Operations Manager DATE f tl FtIc�J NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: William Reynolds Timothy J. LaPorte, P.E. PACE Engineers, Inc. City of Kent 11255 Kirkland Way, Suite 300 220 Fourth Avenue South Kirkland, WA 98033-6715 Kent, WA 98032 (425) 827-2014 (telephone) (253) 856-5500 (telephone) (425) 827 5043 (facsimile) _ _ 253 856-6500 (facsimile) PACE-Omcall Hyd,aWlc Wddlo9/6auer CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) i DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. For: Title: K)`vtr,d ;; Date: r , 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 $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 11 Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of I Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the _ (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By. For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 j it EXHIBIT A M Englnoodng$Wws Company' 1PROFESSIONAL ON-CALL SERVICES AUTHORIZATION TO: Mr, Sean Bauer DATE: June 3, 2015 City of Kent— Public Works Department 220 Fourth Avenue South PROPOSAL#: P15-161 Kent, Washington 98032 FROM: Bill Reynolds, Principal Engineer PROJECT NAME: On-Call Hydraulic Modeling SUBJECT: Hydraulic modeling to determine the available fire flow for various small projects This notification and authorization is intended to advise and confirm that a request for services has been made. The subject contract incorporates the following: I. Scope of Services Services will consist of running simulations on the City's water system hydraulic model, currently in Bentley WaterGEMS format, to provide various predicted performance of the existing system and/or proposed improvement or modifications. Specific assignments will be requested by the City to PACE, and unique Task Orders will be prepared by PACE and authorized by the City for each specific assignment with detailed project descriptions and fee estimates. IL Schedule Time of performance will be determined upon description of each Task Order, based on extent of services. Overall contract will expire on December 31, 2015, III. Fee Client agrees to pay PACE for the above services on the basis of hourly labor rates plus reimbursable expenses per the attached PACE 2015 Standard Hourly Rates. Specific fee amount will be estimated for each Task Order under this on-call agreement. The total limit for services of the combined Task Orders under this authorization is $ 5,000.00. No change in cost or fee estimate at this time. It is understood that, should PACE approach the upper limit of the previously agreed upon fee, an increase to account for these services will be needed, J iI Page 1 of 2 ENCLOSURE B 2015 HOURLY RATE SCHEDULE HOURLY RATE An Englneedng BeM�s Campeny �aediter1 $ 50•00 2. Office Tech 11, Expediter II $ 60.00 3. Jr. Instrument Person, Office Tech III, Intern, Jr. CAD Drafter, Jr. Inspector Engineer Tech $ 73,00 4. Instrument Person, GPS Assistant, Jr. Planner, CAD Drafter, Sr. Office Tech, Inspector, Designer, Engineer Tech 1 $ 83.00 5, Jr. Engineer, Designer 1, Party Chief, CAD Drafter I, GIS Tech, Inspector 1, Project Administrator, Planner $ 95.00 6. Engineer I, Designer 11, Planner I, Survey Tech I, CAD Drafter 11, GIS Analyst I, Inspector II $ 105.00 7. Engineer II, Designer III, Planner 11, Sr. Party Chief, Survey Technician 11, CAD Drafter III, GIS Analyst 11, Inspector III $ 115.00 8. Engineer III, Project Designer, Planner III, Survey Tech III, Sr. CAD Drafter, GIS Analyst III, Sr. Inspector $ 125.00 9. Sr. Engineer, Project Designer I, Sr. Planner, Project Surveyor, Project CAD Drafter, Sr. GIS Analyst, Sr. Project Inspector $ 135.00 10, Project Engineer, Project Designer 11, Project Planner, Sr. Project Surveyor, Sr. Project GIS Analyst, GIS/CAD Manager, Structural Engineer $ 145.00 11, Sr. Project Engineer, Sr: Structural Engineer, Sr. Project Designer, Sr. Project Planner, Survey Project Manager, Robotic/GPS &Operator $ 156.00 12. Project Manager, Principal Surveyor, Planning Project Manager $ 166,00 13. Sr. Project Manager, Sr. Principal Surveyor, 3D Scanning &Operator $ 175.00 14. Principal Engineer, Principal Planner $ 188.00 15. Senior Principal $200.00 REIMBURSABLES A. Sub-Consultants, Professional and Technical Cost+ 15% B. Maps, reports, materials, permit fees, express delivery and messenger, pass-thru bills and similar items necessary for work in progress Cost+ 15% C. Technology expenses associated with computers, software, electronic distance measuring - devices, telephone, cell phone, photo copies, standard survey supplies and transportation and standard postage will be invoiced as a Technology Charge 2%of labor billing D. Out-of-Town travel per diem and cost of commercial transportation Cost+ 10% E. Transportation within 30 Mile Radius* No Charge Transportation beyond 30 Mlle Radius—Automobile $ 0.60 per mile *On job inspection mileage will be billed $ 0.60 per mile F. Special Equipment/Software Special Software for Modeling/Analysis $ 10/hour Large Format Blueprints and Reproduction—Bond $ 0.50/sq foot Large Format Blueprints and Reproduction—Mylar $ 1.50/sq foot Color Copies—In-house (81/2 x 11) $ 0.25/page G. Expert Witness Rate x 1.5 PACE Engineers,Inc. 11265 Kirkland Way I Suite 300 Kirkland,Washing on 08033-6716 Proposal# 15-161 Project Name: On-Call Hydraulic Modeling p 425.827.201, z3.�if4� I h 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 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. L EXHIBIT B (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, i l ® CERTIFICATE OF LIABILITY INSURANCE OATE,MMIDDIYYYV) aCoZ 6/9/2015 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 certificate 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 Certificate does not confer rights to the certificate holder in lieu of such endorsement(s). '.. PRODUCER CONTACT NAME; Michael _.Michael J Hall Company - y PH Hall&Coompanyy E A CN o Ext: f_ -5 -3 00 -MIL 196e0 10th Ave NE ADDRESS:cedificatesahallandQQuipany com POulsboWA98370 INSURERS AFFORDING COVERAGE_ _ NAICN INSURER A'Atlantic S ep Clallty Insurance Com Da 7154 INSURED 42 INSURER B Jh_e Travelers Indemnity Company of 5666 Ali PACE Engineers Inc wsuagac:The Charter Oak Fire Insurance Comp 5615 11255 Kirkland Way wsuggaD:TheTravelers Indemnity Company5658______ Suite 300 Kirkland WA98033 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:391200384 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 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE rAOGL SUER POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MMIDD/YYYV MMIDD/YYYY B GENERAL LIABILITY Y Y 6607B937695 l27/2015 V2712016 EACH OCCURRENCE $2,000,000 DAMAGE x COMMERCIAL GENERAL LIABILITY PREMISES B.ENTE eccurmnce $300,000 CLAIMS-MADE K OCCUR MED EXP Any one person) $5,000 x XCII/OCP/BFPD PERSONAL&ADV INJURY $2,000,000 x Cross Liability GENERAL AGGREGATE $4,000,000 GENT,AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $4,000,000 POLICY x I PRO- LOG $ '.. C 90MOBILE LIABILITY Y /2712015 !27/2016 COMBINED E MT BA7B941924 Ea sccidant) $1,000,000 '. ANY AUTO BODILY INJURY(Par person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident $ D X Uh1BRELLALIAB X OCCUR Y CUP7B960268 127/2015 !27l2016 EACH OCCURRENCE $3.000,000 EXCESS LIAS CLAIMS-MADE AGGREGATE $3,000,000 pED I x I RETENTION 10,000 $ B WORKERS COMPENSATION y 6807B937695 412712015 /27/2016 WC STATU- X OTH- WA Stop Ga AND EMPLOYERS'LIABILITY YIN TORY_LIMT E P P ANY PROPRIETOR/PARTNEMEXECUTIVE❑ NIA E.L.EACH ACCIDENT $1,000,000 OPFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-FA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Professional Liab Claims Made DPL42315 127/2015 /27/2016 $2,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Sched.le,if more apace Is required) The 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.The Commercial General Liability insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non-contributing with this insurance.A waiver of subrogation applies to the Commercial General Liability,Auto Liability, Umbrella/Excess Liability and Workers Compensation!Employers Liability in favor of the Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 400 West Gowe _ Kent WA 98032 AUTHORIZED REPRESENTATIVE ;"4"e ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Policy No. 680713937695 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section III) for this Coverage (Section II): Part. Any person or organization that you agree in a B. The following is added to Paragraph a. of 4. "contract or agreement requiring Insurance" to in- Other Insurance In COMMERCIAL GENERAL clude as an additional insured on this Coverage LIABILITY CONDITIONS (Section IV): Part, but only with respect to liability for"bodily in- However, if you specifically agree In a"contract or jury", "property damage" or "personal Injury" agreement requiring Insurance"that the insurance caused, in whole or In part, by your acts or orris- provided to an additional insured under this Cov- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf: primary and non-contributory basis, this insurance a. In the performance of your ongoing opera- is primary to other Insurance that is available to tlons; such additional insured which covers such addi- b. In connection with premises owned by or tional insured as a named Insured, andwe will not rented to you; or share with the other Insurance, provided that: c. In connection with "your work" and included (1) The "bodily Injury" or "property damage" for within the "products-completed operations which coverage is sought occurs; and hazard". (2) The "personal injury" for which coverage is Such person or organization does not qualify as sought arises out of an offense committed; an additional insured for "bodily injury", "property after you have entered Into that "contract or damage" or "personal injury" for which that per- agreement requiring Insurance", But this insur- son or organization has assumed liability in a con- ance still is excess over valid and collectible other tract or agreement. insurance, whether primary, excess, contingent or The insurance provided to such additional insured on any other basis, that Is available to the insured is limited as follows: when the insured Is an additional insured under d. This insurance does not apply on any basis to any other Insurance. any person or organization for which cover- C. The following is added to Paragraph 8. Transfer age as an additional insured specifically Is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- In COMMERCIAL GENERAL LIABILITY CON- age Part. DITIONS (Section IV): e. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services", payments we make for "bodily injury", "property f. The limits of insurance afforded to the addi- damage" or "personal injury' arising out of "your tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that "contract or agreement requir- a"contract or agreement requiring insurance"with ing insurance" to provide for that additional that person or organization. We waive these Insured, or the limits shown In the Declara- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the "contract or agreement requiring insur- less. This endorsement does not increase the ance" with such person or organization entered limits of Insurance stated in the LIMITS OF into by you before, and in effect when, the "bodily CG D3 81 09 07 ©2007 The Travelers companies,Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc.,with its permission. COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the 'per- erage Part, provided that the "bodily injury" and sonal injury"offense is committed. 'property damage" occurs, and the 'personal in- D. The following definition is added to DEFINITIONS jury"is caused by an offense committed: (Section V): a. After you have entered into that contract or "Contract or agreement requiring insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement Is der which you are required to include a person or in effect; and organization as an additional insured on this Cov- c. Before the end of the policy period. I i Page 2 of 2 ©2007 The Travelers Companies,Inc. CG D3 81 09 07 Includes the copyrighted material of Insuranrs Services Office, Inc.,with its permission. I i Policy No. UP713960268 UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement modifies insurance provided under the following: j COMMERCIAL EXCESS LIABILITY(UMBRELLA) INSURANCE The following is added to Paragraph 11., OUR RIGHT a. "Bodily injury" or "property damage" caused by an TO RECOVER FROM OTHERS., of SECTION IV — "occurrence"that takes place; or CONDITIONS.: b. "Personal injury" or "advertising injury" caused by If the insured has agreed in a contract or agreement an "offense"that is committed; to waive that insured's right of recovery against any subsequent to the execution of the contract or agree- person or organization, we waive our right of recovery ment. against such person or organization, but only for payments we make because of: UM 04 88 07 08 ©2008 The Travelers Companies,Inc. Page 1 of 1 Indudes the copyrighted material of Insurance Services Office,Inc.with its permission. i i Policy No BA713941924 COMMERCIAL AUTO I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following; BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties,and what is and Is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT—INCREASED LIMIT C. EMPLOYEES AS INSURED I. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS — INCREASED J. PERSONAL EFFECTS LIMITS K. AIRBAGS E. TRAILERS—INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of. The following is added to Paragraph A.1.,Who Is your business. An Insured, of SECTION If — LIABILITY COV- 2. The following replaces Paragraph b. in B.S., ERAGE; Other Insurance, of SECTION IV — BUSI- Any person or organization who is required under NESS AUTO CONDITIONS: a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be cov- executed by you before the "bodily injury" or ered"autos"you own: "property damage" occurs and that Is in effect (1) Any covered "auto" you lease, hire, during the policy period, to be named as an add!- rent or borrow;and tiohal Insured Is an "Insured" for Liability Cover- age, but only for damages to.which.this insurance (2) Any covered"auto"hired or rented by applies and only to the extent that person or or- your "employee" under a contract In ganization qualifies as an "insured" under the that individual "employee's" name, Who Is.An Insured provision contained In Section with your permission, while perform- ll ing duties related to the conduct of B. EMPLOYEE HIRED AUTO your business. 1. The following is added to Paragraph A.1., However, any"auto"that Is leased, hired, rented or borrowed with a driver is not a Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: covered "auto An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph AA.,Who Is under a contract or agreement in that "am_ An Insured, of SECTION II — LIABILITY COV- ployee's" name, with your permission, while ERAGE: CA T4 20 07 10 ©2010 The Travelers Indemnity Company.All rights reserved, Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.with Its permission. COMMERCIAL AUTO Any"employee"of yours is an "insured"while us- (3) If a repair or replacement results in better ing a covered"auto"you don't own, hire or borrow than like kind or quality,we will not pay for the In your business or your personal affairs. amount of betterment, D. SUPPLEMENTARY PAYMENTS — INCREASED (4) A deductible equal to the highest Physical LIMITS Damage deductible applicable to any owned 1. The following replaces Paragraph A.2.a.(2) of covered"auto". SECTION 11—LIABILITY COVERAGE: (5) This Coverage Extension does not apply to: (2) Up to $3,000 for cost of bail bonds (in- (a) Any "auto" that is hired, rented or bor- cluding bonds for related traffic law viola- rowed with a driver; or tions) required because of an "accident" we cover. We do not have to furnish (b) Any "auto" that Is hired, rented or bor- these bonds. rowed from your"employee". G. PHYSICAL DAMAGE — TRANSPORTATION 2. The following replaces Paragraph A.2.a.(4)of EXPENSES--INCREASED LIMIT SECTION 11—LIABILITY COVERAGE: _ (4) All reasonable expenses incurred by the The following replaces the first sentence in Para- "insured" at our request, including actual graph A.4 Transportation Expenses, of III COVER- loss of earnings up to $500 a day be- SECTION II — PHYSICAL DAMAGE COVER- cause of time off from work. AGE: E. TRAILERS—INCREASED LOAD CAPACITY We will pay to $50 per day to a maximum of $1,500 for temporary porary transportation expanse in- The following replaces Paragraph CA. of SEC- cuffed by you because of the total theft of a cov- TION I—COVERED AUTOS: ered"auto"of the private passenger type. 1. "Trailers" with a load capacity of 3,000 H. AUDIO, VISUAL AND DATA ELECTRONIC pounds or less designed primarily for travel EQUIPMENT—INCREASED LIMIT on public roads, Paragraph C.2. Limit Of Insurance, of SEC- F. HIRED AUTO PHYSICAL DAMAGE TION III — PHYSICAL DAMAGE COVERAGE is The following is added to Paragraph AA., Cover- deleted. age:Extensions, of SECTION III — PHYSICAL L WAIVER OF DEDUCTIBLE—GLASS DAMAGE COVERAGE: The following Is added to Paragraph D., Deducti- Hired Auto Physical Damage Coverage ble, of SECTION 01 — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Liability COVERAGE: Coverage but not covered "autos" for Physical No deductible for a covered "auto" will apply to Damage Coverage, and this policy also provides glass damage if the glass is repaired rather than Physical Damage Coverage for an owned "auto", replaced. then the Physical Damage Coverage is extended J. PERSONAL EFFECTS to "autos"that you hire, rent or borrow subject to the following: The following is added to paragraph AA., Cover. (1) The most we will pay for "loss" in any one age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: "accident" to a hired, rented or borrowed "auto"is the lesser of: Personal Effects Coverage (a) $50,000; We will pay up to $400 for "loss" to wearing ap- (b) The actual cash value of the damaged or parel and other personal effects which are: stolen property as of the time of the (1) Owned by an"insured";and "loss";or (2) In or on your covered "auto". j (a) The cost of repairing at replacing the This coverage only applies in the event of a total damaged or stolen property with other theft of your covered"auto". property of like kind and quality. No deductibles apply to Personal Effects cover- (2) An adjustment for depreciation and physical age. condition will be made in determining actual dash value in the event of atotal Page 2 of 3 ®2010 The Travelers Indemmly Company.All rights reserved. CA T4 20 07 10 Includes copyrighted material of Insurance Services Office,inG.with Its permission. COMMERCIAL AUTO s;a=-d:,.:.:;•- K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III — PHYSICAL DAMAGE time of the"loss"; COVERAGE: (b) Financial penalties Imposed under a Exclusion 3.a, does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered "auto'you own that in- and tear or high mileage; flate due to a cause other than a cause of"loss" (c) Security deposits not returned by the les- set forth In Paragraphs A.1.b. and A.1.c., but sor; only: a. If that"auto' Is a covered "auto'for Compro- (d) Costs for extended warranties, Credit Life hensive Coverage underthis policy; Insurance, Health, Accident or Disability Insurance purchased with the loan or b. The airbags are not covered under any war- lease;and ranty;and (e) Carry-over balances from previous loans c. The alrbsgs were not intentionally inflated. or leases. We will pay up to a maximum of$1,000 for any M. BLANKET WAIVER OF SUBROGATION one"loss", The following replaces Paragraph AX., Transfer L. AUTO LOAN LEASE GAP Of Rights Of Recovery Against'Others To Us, The following is added to Paragraph A.4., Cover- of SECTION IV — BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL TIONS; DAMAGE COVERAGE: 5. Transfer Of Rights Of Recovery Against Auto Loan Lease Gap Coverage for Private Others To Us Passenger Type Vehicles We waive any right of recovery we may have In the event of a total"loss"to a covered"auto'of against any person or organization to the ex- the private passenger type shown in the Schedule tent required of you by a written contract exe- or Declarations for which Physical Damage GOV- cuted prior to any "accident' or "loss", pre- erage Is provided, we will pay any unpaid amount vided that the"accident'or"loss"arises out of due on the lease or loan for such covered "auto" the operations contemplated by such con- less the following: tract.The waiver applies only to the person or (1) The amount paid under the Physical Damage organization designated in such contract. Coverage Section of the policy for that"auto; and it CA T4 20 07 10 ©201e The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Ina with Its permission. 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 PACE Engineers, Inc. Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as On-Call Hydraulic Modeling that was entered into on the Pecernber 15, 2016 (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: Qj'n,A_LET_-, For: C-ne_�trrxr� �c)c- Title: _AIL Date: EEO COMPLIANCE DOCUMENTS - 1