HomeMy WebLinkAboutPW16-216 - Original - Landau Associates, Inc. - 72nd Ave S Extension - 05/23/2016 �/ rj l�
0--recor e m e,
r**. ds M
WASHNGTON Document
rr
r ' ts2
CONTRACT COVER SKEET
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..
Vender Name: Landau Associates, Inc.
Vendor Number:
JD Edwards Number
Contract Number:
This is assigned by City Cllerk`s Office
Project Name: 72nd Ave. S. Extension
Description: ❑ Interlocal Agreement El Change Order 0 Amendment ® Contract
Other:
1 lip
Contract Effective Date: Date of the Mayor's signature Termination Date: 4/1117
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Ken Langholz Department: Engineering
Contract Amount: 123 15(7.00 911 11U
Approval Authority: (CIRCLE ONE) Department Director Mayor City Council
Detail (i.e. address, location, parcel number, tax id, etc.):
Provide geotechnical and environmental services during cownstruction of the project
As of: OB/27/14
Corporations: Registration Detail - WA Secretary of State Page 1 of 1
8 Online annual report filing for profit corporations and Ll-Cs will be unavailable from
May 25 to June S. Be sure to file your annual report before that time! Read more...
(/corps/BLS-Online-Reporting-Unavailable-May-25-to-lune-5.aspx)
LANDAU ASSOCIATES,INC.
UBI Number 600557469
Category REG
Profit/Nonprofit Profit
Active/Inactive Active
State Of Incorporation WA
WA Filing Date 11/16/1984
Expiration Date 11/30/2016
Inactive Date
Duration Perpetual
Registered Agent Information
Agent Name JAY BOWER
Address 130 2ND AVE S
City EDMONDS
State WA
ZIP 98020
Special Address Information
Address
city
State
Zip
Governing Persons
Title Name Address
Chairman HENDRICKSON,KRISTY 130 2ND AVENUE SOUTH
EDMONDS,WA 98020
President BOWER,JAY 130 2ND AVENUE SOUTH
EDMONDS,WA 98020
Secretary HALBERT,CHARLES 130 2ND AVENUE SOUTH
EDMONDS,WA 98020
Treasurer HOBBS,DENNIS 130 2ND AVENUE SOUTH
EDMONDS,WA 98020
http://www.sos.wa.gov/corps/search_detail.aspx?ubi=600557469 5/18/2016
" a
KENT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Landau Associates, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Landau Associates, Inc. organized under the laws of the State of Washington,
located and doing business at 130 2"d Ave. S., Edmonds, WA 98020, Phone: (425) 778-0907/Fax: (425)
778-6409, Contact: Christine Kimmel (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 geotechnical and environmental services during construction of
the 72"d Ave. S. Extension 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 1, 2017.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
One Hundred Twenty Three Thousand, One Hundred Fifty Dollars ($123,150.00), 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
(Over$20,000)
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
(Over$20,000)
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
(Over$20,000)
Writind 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
(Over$20,000)
Gunter arts and Si natures 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:
< d
By:- of-
`�� X� 1�1� By:
�,W
(sign9ture) (signature)
nature)
Print Name: tt�y64,�-r- Print me Su ette Cooke
Print
Its P/Li^/C,)RA L—(title) Its or DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF' KENT:
Christine Kimmel Timothy J. LaPorte, P.E.
Landau Associates, Inc. City of Kent
130 2 ld Ave. S. 220 Fourth Avenue South
Edmonds, WA 98020 Kent, WA 98032
(425) 778-0907 (telephone) (253) 856-5500 (telephone)
(425) 778-6409 (facsimile) (253) 856-6500 (facsimile)
A V ED AS 10 F A011?1
P7-/VA..
Kent Law Department
Landau Assodates-72""311-angWz
CONSULTANT SERVICES AGREEMENT 5
(Over$20,000)
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. 1 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:
r
For: .I
Title: PA,? 10A L,
Date: 10
EEO COMPLIANCE DOCUMENTS - 1
' CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
. ' ~ EXHIBIT A
14 LA
NDAU
w,^^~""~°
ASSOCIATES
April 22, 2O16
City ofKent
Public VVmrksDepartment
230 Fourth Avenue South
Kent, Washington 9O032
Attu: Mr, Ken Lungho|z
Transmitted via email to: k/ongbo/z@kentm/a.gov
Re' Proposal fmrGeotechnicm| and Environmental
Services During Construction
72"a Avenue South Extension
Kent, Washington
Dear Mr. LanghoUz:
This letter presents Landau Associates' proposed scope of services and associated cost estimate for
geotechnicol and environmental services during construction of the 72nd Avenue South Extension
project in Kent, Washington. Our proposed scope of services is based on our review of the project
plans for the proposed road extension; our general understanding of the project requirements and
construction schedule; and our familiarity with similar construction projects.
Project Understanding
The project includes constructing a new bridge across Mill Creek, which crosses the west side ofthe
Western Processing property in Kent, Washington. Th,e proposed bridge will consist mfa single-span
concrete bridge that will be supported on ground that will be improved using compaction grout
columns.The proposed project will also include pre-loading soft site soils, widening the existing road,
relocating/installing utilities, and modifications to certain Western Processing site features.
Proposed Scope 0fServices
The purpose of our services will be to provide geotechnical and environmental observation, testing,
and consultation services during earthwork and fnooclation reUatedconsTructimmactivitiesforthe
project. Our servicesvviU| assist the City of Kent in determining that geotemhnical're|ated construction
work related to site grading and foundation support is accomplished in general accordance with our
recommendations and the requirements ofthe project plans and specifications. Our proposed
services and associated estimated cost are based predominantly on part-time site visits that focus on
certain elements of the project. Our proposed scope of services includes the tasks described below,
I30zod Avenue South " Edmonds,Washington g8nzV ~ (425)778-0907 ° vvwwJ^ndauinc.corn
. s
1 Services During Construction Proposal Landau Associates
Review of Project Plans and Specifications
Landau Associates has completed a review of the project plans and specifications that were prepared
by others for the project. The purpose of our review was to familiarize our field representatives with
the geotechnical-and environmental-related sections of the project plans and specifications and
associated project requirements. Costs for the project plans and specification review have previously
been invoiced to the City and therefore, are not included in this proposal.
Observation Related to Utility Trench Backfill and Compaction
Landau Associates will provide a representative to observe backfill and compaction activities
associated with the installation of onsite utilities.The purpose of our services will be to document
that utility trench backfill is placed and compacted in general accordance with the requirements of
the project plans and specifications. We based our cost estimate on an assumed 8 site visits at 4 hours
each.
Observation Related to Environmental Conditions
Landau Associates will provide a representative to observe modifications to the following existing
Western Processing features; relocation of utilities to treatment plant,the removal of the existing
extraction U1 vault and replacement with a traffic rated manhole, extension of extraction well U2
vault to final roadside slope grade, extension of well vaults (5M4A,B and well pair RP28 and P26), and
installation and replacement of the western portion of the Western Processing perimeter fence. Prior
to removal of U1 vault,the environmental conveyance piping and electrical components will be
removed by Western Processing contractors. Upon completion of a U1 feeder vault, the control
components will be reinstalled by Western Processing contractors. Subcontractor costs for extraction
well U1 are not included in this cost estimate.We based our cost estimate on an assumed 4 site visits
at 8 hours each.
Landau Associates will provide environmental services associated with characterizing potentially
contaminated soils with excavation along the southern portion of the project and the bridge
foundation excavations. If excessive surface water containments are required in areas of known
shallow soil contamination, we will collect representative samples for analytical testing and
communicate results to the City for disposal coordination. We based our cost estimate on an assumed
4 site visits at 4 hours each for sampling,and 2 hours for each laboratory package for office labor to
compare data to disposal criteria and/or cleanup level and communicate findings to client. For the
purposes of this proposal,we assume a maximum of 10 soil samples and 2 water samples for chemical
analyses.Analytical testing will be conducted on a 2 week turn-around-time,with the exception of a
maximum of four bridge abutment foundation samples at an expedited 3 day turn-around-time, at a
Washington State certified laboratory.
April 22,2016 2
Services During Construction Proposal Landau Associates
Well Decommissioning or Maintenance
During site grubbing activities at the Bayside Automotive property(northern portion of project), a
total of 15 aboveground monitoring wells were located. Landau Associates has completed a site
reconnaissance of the wells to determine their condition and location. Based on the field observations
and available well logs, a total of six of the wells are located within the footprint of the proposed
roadway and are recommended for decommissioning. At the request of the City, Landau Associates
conducted Holocene Drilling Inc. to develop a cost estimate and schedule to either decommission the
wells or raise the wells to the proposed road grade. Well decommissioning or maintenance will be
conducted using the existing contract with Scarsella Brothers Inc. The labor for conducting the site
reconnaissance and coordination with the drilling company has been completed and invoiced to the
City and therefore, are not included in this proposal. We estimate a nominal amount of labor to
continue to support the well activities and documenting activities, per Washington State Department
of Ecology requirements.
Observation of Compaction Grouting Activities
Landau Associates'field representative will observe compaction grouting activities prior to the
placement of the preload.The purpose of these observations is to verify the effectiveness and
adequacy of the soil improvement methods in general accordance with the requirements of the
project plans and specifications. We based our cost estimate on an assumed 25 site visits at 8 hours
each.
Observation of Preload Placement and Settlement Monitoring Review
Landau Associates'field representative will observe placement of the preload material, as well as
review the settlement monitoring data. The purpose of these observations is to verify the
effectiveness and adequacy of the soil improvement methods in accordance with the plans and
specifications. We based our cost estimate on an assumed 5 site visits at 8 hours each and 5 site visits
at 4 hours each.
Observation of Bridge Foundation Subgrades
Landau Associates'field representative will observe bridge foundation subgrades prior to the
placement of reinforcing steel and concrete. The purpose of these observations is to verify subgrade
conditions and the adequacy of the exposed soil to support the foundation loads in accordance with
the design allowable soil bearing pressures. We based our cost estimate on an assumed 4 site visits at
4 hours each.
Observation and Testing Related to Pavement Subgrades
Landau Associates' field representative will observe pavement subgrades prior to the placement of
base course and surfacing materials to confirm that dense and non-yielding soils are present. Landau
April 22,2016 3
Services During Construction Proposal Landau Associates
Associates' field representative will also test the density of the base course materials beneath paved
areas.We assumed 8 site visits at 4 hours each.
Grout, Reinforced Concrete, and Asphalt Concrete Observation and
Testing
The City of Kent has requested that Landau Associates coordinate and oversee grout, reinforced
concrete, and asphalt concrete testing services. Landau Associates will provide office coordination
services; however, the grout, reinforced concrete, and asphalt concrete testing services will be
conducted by Construction Testing Laboratories (CTL) under subcontract to Landau Associates. Based
on their review of the project specifications, CTL estimated that a budget of approximately$10,270
will be required to conduct grout, reinforced concrete, and asphalt concrete testing services. For the
purpose of estimating costs, Landau Associates assumes the cost to coordinate and manage CTL's
work will be equal to 5 percent of their estimated budget.
CTL's cost estimate is based on the following assumptions:
Technician
Item Hours Test Specimens Trip Charges
Concrete/ Rebar 40 40 Compressive Strength Tests 16
Grout Columns 60 60 Compressive Strength Tests 24
Asphalt Concrete 25 2 Rice Densities and 2 Extractions/Gradations 3
Geotechnical Laboratory Testing
Landau Associates will perform laboratory testing on materials used as site grading fill, structural fill,
trench backfill, and base course materials to confirm they meet specifications. Landau Associates will
perform grain-size testing on proposed fill materials to verify compliance with project plans and
specifications. For the purpose of this proposal, we assume that a maximum of 5 grain size analyses
and 5 optimum moisture/maximum dry density tests (Proctors) will be performed.
Report Preparation and Submittal
During construction, our onsite representative and CTL's representative will prepare daily field reports
after each site visit.A copy of the daily field reports will be transmitted to the City,the contractor,
and others as directed. At the completion of the project, a summary report of the construction
observation and testing services performed will be prepared.The summary report will include an
evaluation of the suitability of the work was conducted in general accordance to the project plans and
specifications.
April 22,2016 4
Services During Construction Proposal Landau Associates
Attend Construction Meetings
Landau Associates' field representative will attend weekly construction meetings, as needed. We
based our cost estimate on the following meeting schedule:
• One month of weekly meetings to be attended by two representatives of Landau Associates
(one geotechnical and one environmental representative)
• Two months of weekly meetings to be attended by one representatives of Landau Associates
• Six months of one meeting per month to be attended by one representatives of Landau
Associates.
Project Management
Landau Associates' project manager will provide project review and geotechnical and environmental
consultation related to the tasks outlined above. Our fee estimate assumes that the Landau
Associates project manager will spend up to about 3 hours per week(on average) during
geotechnical-and environmental-related construction phases of the project. For estimating purposes,
we have assumed the majority of our services will span a period of about 20 weeks. Project
management tasks would include coordinating field monitoring site visits, reviewing certain
geotechnical related submittals from the contractor, reviewing and routing field reports, reviewing
density test results, and addressing geotechnical and environmental issues that may arise.
Assumptions
The services rendered by our field representative and our office will consist of professional opinions
and recommendations made in accordance with generally accepted geotechnical engineering
practices and environmental considerations. Under no circumstances would it be the intent of our
field representative to directly control the physical activities of the contractor or the contractor's
workers.The presence of our field representative at the site is to provide to the owner and design
team a source of professional opinion and advice based on the field representative's observations of
the contractor's work. Our services do not include any superintending,supervision, or direction of the
contractor's workers.Any construction review of the contractor's performance is not intended to
include review of the adequacy of the contractor's safety measures in, on, or near the construction
site. In accordance with generally accepted construction practices, the contractor will be solely and
completely responsible for working conditions at the job site, including safety of persons and property
during performance of the work. It is assumed that construction is planned to begin no sooner than
early April 2016, and is expected to continue for about 12 months. It is also assumed that the City will
have a full time inspector on-site for the duration of the project.
April 22,2016 5
Services During Construction Proposal Landau Associates
Cost Estimate
We estimate the cost for our proposed scope of services will be about$123,150 in general accordance
with the following breakdown:
Review of Project Plans and Specifications $ 0.00
Observation Related to Utility Trench Backfill and Compaction $ 5,250
Observation Related to Environmental Conditions (includes $4,850 in
subcontractor fees) $ 18,800
Well Decommissioning or Maintenance $ 1,000
Observation of Compaction Grouting Activities $ 31,600
Observation of Preload Placement and Settlement Data Review $ 9,200
Observation of Bridge Foundation Subgrades $ 3,400
Observation and Testing Related to Pavement Subgrades $ 10,400
Grout, Reinforced Concrete, and Asphalt Concrete Observation and
Testing (includes $10,270 in subcontractor fees $ 1z,o75
Geotechnical Laboratory Testing $ 1,425
Attend Construction Meeting $ 14,500
Report Preparation and Submittal $ 6,000
Project Management $ 9,500
Estimated Total $ 123,150
We propose to provide our above-described services on a time-and-expenses basis according to the
budget set forth above and on the attached compensation schedule. We prepared our cost estimate
to reflect our understanding of the project requirements and our anticipated role in geotechnical-and
environmental related project elements. However, uncertainty exists about the construction methods,
schedule, and sequence, all of which have a direct effect on the level of effort and the cost for
geotechnical services during construction. Consequently,the costs for the various tasks outlined
herein could vary substantially from those estimated. If the construction schedule requires that our
representative be onsite for time durations other than those estimated herein,we will contact you to
April 22,2016 6
Services During Construction Proposal Landau Associates
discuss project requirements and any necessary modifications to our scope of services and/or budget
estimate.
Authorization
Our services will be provided in accordance with the amendment to the 72nd Avenue South Extension
Consultant Services Agreement (dated April 15, 2015). To provide authorization to proceed, please
sign in the space provided and return one copy of this letter,or authorize by your preferred method.
Landau Associates appreciates the opportunity to submit this proposal and we look forward to
continuing to working with the City of Kent on this project. If you have any questions or comments
regarding this proposal, please call us at (425) 778-0907,
LANDAU ASSOCIATES, INC.
Christine Kimmel, LG
Associate
CBK/rgm
2016-3478
Attachment: Compensation Schedule
April 22,2016 7
' LANDAU
COMPENSATION SCHEDULE - 2015 ASSOCIATES
Personnel Labor Hourly Rate
Senior Principal 245
Principal 221
Senior Associate 201
Associate 181
Senior 162
Senior Project 147
Project 134
GIS Analyst 134
Senior Staff/CAD Designer 119
Staff/Senior Technician II 105
CAD/GIS Technician 105
Project Coordinator 97
Assistant/Senior Technician 1 92
Technician 77
Support Staff 66
Expert professional testimony in court,deposition, declaration,arbitration,or public testimony is charged at
1.5 times the hourly rate.
Rates apply to all labor, including overtime.
Equipment
Field, laboratory,and office equipment used in the direct performance of authorized work is charged at unit rates.
A rate schedule will be provided on request.
Subcontractor Services and Other Expenses
Subcontractor billing and other project expenses incurred in the direct performance of authorized routine services
will normally be charged at a rate of cost plus a twelve percent(12%)handling charge.A higher handling charge for
technical subconsultants and for high-risk field operations may be negotiated on an individual project basis;
similarly,a lower handling charge may be negotiated on projects requiring disproportionally high subconsultant
involvement.
Invoices
Invoices for Landau Associates'services will be issued monthly. Interest of 1Y2 percent per month(but not
exceeding the maximum rate allowable by law)will be payable on any amounts not paid within 30 days.
Term
Unless otherwise agreed,Landau Associates reserves the right to make reasonable adjustments to our compensation
rates over time(e,g.,long-term continuing projects).
T:Templates\Contracts\Compensation Schedule 201SA Landau Associates
z s
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 Commercial General
Liability insurance shall be endorsed to provide the Aggregate Per
Project Endorsement ISO form CG 25 03 1185. The City shall be
named as an insured under the Consultant's Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
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 $3,000,000 each occurrence, $3,000,000 general
aggregate.
EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less
than 35,000,000 per claim and $3,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant's
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
=5122'0
DP1'YYY,
" CERTI ICATE OF ITY ®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 pohcy(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 endorsements)..
PRODUCER. C NTA r
Servco Pacific Insurance
�PHONE� C-ND.&M _ _ a,c
1100 Dexter Ave. N. E-MAIL
Ste 220 AaraR9w1.Certwe tt@ser Q, cific.com
Seattle WA 98109 _ ..... .......___@NSURERjS)AFFORDING COVERP.GE
INSURERA: rL)_ll]SAC111Ce t✓C7CnpcilYy,......___...� — l'aQS6
INSURED LANDASS-02 gas! D:Lloy_d
Landau Associates, Inc. INSURERC
130 2nd Avenue South - - -- _......... .�..�.�_� ..._...._.. ..._..._w ..._......__.._
INsuRER D
Edmonds WA 98020
INSURER F
COVERAGES CERTIFICATE NUMBER.317625600 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, TIME 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.
@NSF± UDR POLICY EFF POLICY EXP.W---. _._ ...._..... ..._ ...,....,...
LTR TYPE OF jNSRI'i 20 POLICY NUMBER MWDDIYYYY. MM/DDrYYYY �LIMITS.m .
A GENERAL LIABILITY Y iY PSB0005053 12131/2015 12131/2'016 EACH OCCURRENCE �S1 000,000
C L7AM1AAG uC RENTED
COMMERCIAL
S MACF C GENERAL I GUR MrD EYpLITYS tEa dune cz S1 00t1000
CL
c (An one person) S 10 000
PERSONAL$ADV INJURY ...Slncluded
_ GLNERALAGGREGATE $2,000,000
GEN'L AGGREGATE LIMI r APPLIES PER: PfTDUOTS-COMP/OP AGG '....$2,000,000
POLICY �'+ jE C{I, [_ LOC S
A AUTOMOBILE LIABILITY Y Y PSAOOO1952 12/31/2015 12/31/2016 '(A)MbINLU 51 OiE(1,QC0
X ANY AUTO HODiLY INJURY(Per Person) S
ALL OWNED SCHEDULED BODILY'INJURY(Per acci'l.denly 5 -'.-..........-._�
AUTOS ..........., AUTOS ..w. .�...........'................. ..._ ....,
X HIREDAUTOS X r4ON-O'VVNEB PRO�PcERTYIDAMAGE 5
...... . AU'os _..'L.-�.— __...._.. .... .........._._._____..._.....
S
A X UMBRELLA LIAR X OCCUR Y Y PSE1002240 12/31/2015 12/31/2016 EACH OCCURRENCE S5,000,000
EXCESS LIAR CLAIMI S-MADE AGGREGATE S5 000,000
OED 12E'i'ENT"ION$ $
A WORKERS COMPENSATION PSWO002924 12/31/2015 12/3112016 X ��STATU- X OTH- USL$H
AND EMPLOYERS'LIABILITY Y 1 W ..... TI�I.RY..tl_IN1 R'. _..
ANY!PROPRIETOR/PARTNERFEXECUTJVE❑ W 1 A C"k. EACH ACCIDENT S1 000,000
OFFICER/MEMSER EXCLUDED? .._.....,.. ...._.. ..,.,...- ................
(Mandatory In NHI L L.DISEASE-EA EMPLOYEE 51,000,000
If yas describe under
I.�E.SCRIIPTION OF OPE.PATIONS EeIaw E I. DISEASE-POLICY LIMIT 51,000,0DO
B Professional Liability Y V03431150401 12/31/2015 12/3V2016 PerClairn $5,000,000
InCr Pollution Liability Aggregate $5,000,000
Deductible 150,000
'.., DESCRIPTION OF OPERATIONS I LOCAT@ONS I VEHICLES (Anach ACORD 101,Additional Remarks Sclied'ule,It more space is required)
Re: LAI project##334002, Geotechnical and environmental support services-72nd Avenue South Extension project.
City of Kent, is included as an Additional insured on General Liability,Automobile Liability, Umbrella, and Pollution Liability policies per the
attached endorsements General Liability,Automobile and Umbrella Liability policies are Primary and Non-Contributory.Waiver of
Subrogation applies to General Liability,Automobile Liability, Umbrella Liability and Professional Liability policies.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Kent, Public Works Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Attn: Nancy YoshitakeZ ACCORDANCE WITH THE POLICY PROVISIONS.
220 Fiurth Avenue South
Kent,WA 98032 AUTHORIZED RE.PRESENTATIVE..
,. -C"I.
@ 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD
Policy Number:W13431150401
1. the Named Insured;
2. a director or officer of the Named Insured, but only with respect to
the performance of his or her duties as such on behalf of the
Named Insured;
3. an employee or Temporary Employee of the Named Insured,
but only for work done while acting within the scope of his or her
employment and related to the conduct of the Named Insured's
business;
4. a principal if the Named Insured Is a sole proprietorship, or a
partner if the Named Insured is a partnership, but only with
respect to the performance of his or her duties as such on behalf
of the Named Insured;
5. any person who previously qualified as an Insured under 2, 3 or 4
above prior to the termination of the required relationship with the
Named Insured, but only with respect to the performance of his or
her duties as such on behalf of the Named Insured;
6. the estate, heirs, executors, administrators, assigns and legal
representatives of any Insured in the event of such Insured's
death, incapacity, insolvency or bankruptcy, but only to the extent
that such Insured would otherwise be provided coverage under
this Insurance;
7. the Named Insured with regard to its participation in a joint
venture, but solely for the Named Insured's liability that arises out
of an act, error or omission in rendering or failing to render
Professional Services by the Named Insured or for a Pollution
Condition that arises out of the rendering of or failing to render
Professional Services or the performance of or failing to perform
Contracting Services by the Named Insured; and
8. solely with respect to Insuring Clause I.B., the client for whom the
Named Insured performs or performed Contracting Services,
provided that a written contract or agreement is in effect between
the Named Insured and the client requiring the client to be an
additional insured under the Named Insured's contractors
pollution liability policy. However, such clients are covered under
Insuring Clause I.B. of this Policy solely with respect to Damages
and Claims Expenses arising from Contracting Services
performed by or on behalf of the Named Insured and are not
covered for any Damages and Claims Expenses arising from the
client's own acts, errors or omissions. Clients of the Named
Insured are covered under Insuring Clause I.B. of this Policy,
subject to Clause Vill., only up to and to the extent of the Limits of
Liability required by the written contract or agreement.
F00139 Page 10 of 34
022011 ed.
Policy Number: PSE0002240 RLI Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
RLIPack® FOR DESIGN PROFESSIONALS
EXCESS LIABILITY ENHANCEMENT
SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT
A. General Aggregate Limit— Per Project Or Per Location
B. Additional Insured—Primary/Non-contributory
C. Waiver Of Transfer Of Rights Of Recovery Against Others To Us
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS LIABILITY COVERAGE FORM
A. General Aggregate Limit — Per Project Or Per (3) premises where operations are performed In
Location sections,stages or phases as a continuation
Paragraph 2.a.of C. Limits of Liability of SECTION of the same contract or agreement, even if
— INSURING AGREEMENT Is deleted and the premises do not involve connecting lots.
replaced by the following: B. Additional Insured—Primary/Non-contributory
a. The limit of liability stated in the Declarations as Paragraph K. Other Insurance of SECTION IV —
general aggregate is the most we will pay during CONDITIONS is deleted and replaced by the
each policy period for all ultimate net loss, following:
except ultimate net loss because of:
K. Other Insurance
(1) injury and damage included in the products- If other insurance, whether collectible or not, is
completed operations hazard or; available to the insured covering a loss also
(2) any coverage included in underlying covered by this policy,the insurance afforded by
Insurance to which no underlying aggregate this policy shall be in excess of, and shall not
applies. contribute with, such other insurance. However,
The general aggregate applies separately to if the underlying insurance provides coverage
each of your "projects" away from premises to an additional insured on a primary basis, or a
owned by or occupied by you or to each of your primary and non-contributory basis, this insur-
locations owned by or occupied by you. ance shall be available to such additional
insured on an excess basis over the underlying
"Projects" mean an area away from premises insurance. We will not share with other
owned by or rented to you at which you are Insurance which covers such additional insured
performing operations pursuant to a contract or as a named insured.
agreement. For the purposes of determining the C. Waiver Of Transfer Of Rights Of Recovery
applicable aggregate limit of insurance, each Against Others To Us
"project" at the same "location" shall be
considered a single"project". Paragraph L. Subrogation of SECTION IV —
For the purposes of this provision, "location" CONDITIONS is deleted and replaced by the
means following:
(1) premises involving the same or connecting
lots;
(2) premises where connection is interrupted
only by a street, roadway, waterway or right-
of-way of a railroad;or
PPU 304 06 10 Page 1 of 2
L. Subrogation Any amount recovered through subrogation or
In the event of any payment under this policy, the otherwise shall be apportioned in the inverse order
insured must notify us of any of the insured's rights of payment of the claim or claims involved to the
of recovery against any person or organization.We extent of actual payment thereof by all Interests.The
shall be subrogated to all such rights. The expenses of all such recoveries and proceedings in
Insured shall execute and deliver instruments connection therewith shall be apportioned in the
and papers and do whatever else is necessary to ratio of respective recoveries. With respect to
secure such rights. The insured shall do nothing proceedings conducted solely by us, if there is no
after loss to prejudice such rights. However we recovery, we will bear the expense thereof. If there
waive any rights of recovery we may have is a recovery, we shall be reimbursed in full from
against any person or organization if the such recovery for the amount of all expenses
underlying insurance also waives such rights. incurred by us before apportionment of such
recovery as herein provided.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PPU 304 06 10 Page 2 of 2
Policy Number: PSA0001952 RLI Insurance Company
Named Insured: Landau Associates, Inc.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack° BUSINESS AUTO ENHANCEMENT
SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT
A. Broad Form Named Insured
B. Employees As Insureds
C. Blanket Additional Insured
D. Blanket Waiver Of Subrogation
E. Employee Hired Autos
F. Fellow Employee Coverage
G. Auto Loan Lease Gap Coverage
H. Glass Repair—Waiver Of Deductible
I. Personal Effects Coverage
J. Hired Auto Physical Damage Coverage
K. Hired Auto Physical Damage—Loss Of Use
L. Hired Car—Worldwide Coverage
M. Temporary Transportation Expenses
N. Amended Bodily Injury Definition—Mental Anguish
O. Airbag Coverage
P. Amended Insured Contract Definition—Railroad Easement
Q. Coverage Extensions—Audio,Visual And Data Electronic Equipment Not Designed Solely For The
Production Of Sound
R. Notice Of And Knowledge Of Occurrence
S. Unintentional Errors Or Omissions
T. Towing Coverage
PPA 300 03 13 Page 1 of 5
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
A. Broad Form Named Insured "loss", provided that the "accident" or "loss" arises
The following is added to the SECTION II — out of the operations contemplated by such contract.
COVERED AUTOS LIABILITY COVERAGE, Para- The waiver applies only to the person or
graph A.I.Who Is An Insured Provision: organization designated in such contract.
Any business entity newly acquired or formed by you E. Employee Hired Autos
during the policy period, provided you own fifty 1. The following is added to the SECTION II —
percent(50%)or more of the business entity and the COVERED AUTOS LIABILITY COVERAGE,
business entity is not separately insured for Bus- Paragraph A.I.Who Is An Insured Provision:
iness Auto Coverage. Coverage is extended up to a An "employee" of yours is an "insured" while
maximum of one hundred eighty (180) days operating an "auto" hired or rented under a
following the acquisition or formation of the business contract or agreement in that "employee's"
entity. name, with your permission, while performing
This provision does not apply to any person or duties related to the conduct of your business.
organization for which coverage is excluded by
endorsement. 2. Changes In General Conditions:
B. Employees As Insureds Paragraph 5.b. of the Other Insurance Con-
dition in the BUSINESS AUTO CONDITIONS is
The following is added to the SECTION II — deleted and replaced with the following:
COVERED AUTOS LIABILITY COVERAGE, Para-
graph A.1.Who Is An Insured Provision: b, For Hired Auto Physical Damage Coverage,
the following are deemed to be covered
Any "employee" of yours is an "insured" while using "autos"you own:
a covered "auto" you don't own, hire or borrow in (1) Any covered "auto" you lease, hire, rent
your business or your personal affairs.
or borrow; and
C. Blanket Additional Insured (2) Any covered "auto" hired or rented by
The following is added to the SECTION II — your"employee" under a contract in that
COVERED AUTOS LIABILITY COVERAGE, Para- individual "employee's" name, with your
graph A.1.Who Is An Insured Provision: permission, while performing duties
Any person or organization that you are required to related to the conduct of your business.
include as an additional insured on this coverage However, any auto" that is leased,
form in a contract or agreement that is executed by hired, rented or borrowed with a driver is
you before the "bodily injury" or "property damage" not a covered "auto".
occurs is an "insured" for liability coverage, but only F. Fellow Employee Coverage
for damages to which this insurance applies and SECTION II — COVERED AUTOS LIABILITY
only to the extent that person or organization COVERAGE, Exclusion B.5. does not apply if you
qualifies as an "insured" under the Who Is An pp y
Insured provision contained in SECTION 11 — have workers compensation insurance in-force
COVERED AUTOS LIABILITY COVERAGE. covering all of your employees.
The insurance provided to the additional insured will G. Auto Loan Lease Gap Coverage
be on a primary and non-contributory basis to the SECTION III — PHYSICAL DAMAGE COVERAGE,
additional insured's own business auto coverage if C. Limit Of Insurance, is amended by the addition
you are required to do so in a contract or agreement of the following:
that is executed by you before the "bodily injury" or In the event of a total "loss" to a covered "auto"
"property damage"occurs. shown in the Schedule of Declarations, we will pay
D. Blanket Waiver Of Subrogation any unpaid amount due on the lease or loan for a
covered auto", less:
The following is added to the SECTION IV — BUSI- 1. The amount paid under the PHYSICAL
NESS AUTO CONDITIONS, A. Loss Conditions, DAMAGE COVERAGE section of the policy;
5. Transfer Of Rights Of Recovery Against and
Others To Us:
We waive any right of recovery we may have against 2. Any:
any person or organization to the extent required of a. Overdue lease/loan payments at the time of
you by a contract executed prior to any "accident"or the"loss";
PPA 300 03 13 Page 2 of 5
b. Financial penalties imposed under a lease (2) An adjustment for depreciation and physical
for excessive use, abnormal wear and tear condition will be made in the event of a total
or high mileage. "loss".
c. Security deposits not returned by the lessor; (3) If a repair or replacement results in better
d. Costs for extended warranties, Credit Life than like kind or quality, we will not pay for
Insurance, Health, Accident or Disability the betterment.
Insurance purchased with the loan or lease; (4) A deductible equal to the highest Physical
and Damage deductible applicable to any owned
e. Carry-over balances from previous loans or auto will apply.
leases. (5) This Coverage Extension will not apply to:
H. Glass Repair—Waiver Of Deductible (a) Any "auto" that is hired, rented or
SECTION III — PHYSICAL DAMAGE COVERAGE, borrowed with a driver; or
D.Deductible is amended by adding the following: (b) Any "auto" that is hired, rented or
No deductible for a covered "auto"will apply I to glass borrowed from your"employee".
damage if the glass is repaired rather than replaced. K. Hired Auto Physical Damage—Loss Of Use
I. Personal Effects Coverage The following is added to SECTION II — COVERED
The following is added to SECTION III — PHYSICAL AUTOS LIABILITY COVERAGE, A.2. Coverage
DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions:
Extensions: e. We will pay sums which you legally must pay to
c. Personal Effects Coverage the lessor of a covered "auto" which you have
leased without a driver for thirty(30)days or less
In the event of a total theft loss of your covered for the lessor's loss of use of the covered "auto",
"auto" we will pay up to $400 for "loss" to provided:
wearing apparel and other personal effects
which are: (1) This insurance provides comprehensive,
specified causes of loss or collision covered
(1) Owned by an "insured"; and on the covered "auto";
(2) In or on your covered"auto"; (2) The loss of use results from the covered
No deductible applies to Personal Effects "auto" being damaged in an "accident" while
Coverage. you are leasing it.
J. Hired Auto Physical Damage Coverage We will pay up to a maximum limit of$1,500 for
this covered extension.
The following is added to SECTION III— PHYSICAL L. Hired Car—Worldwide Coverage
DAMAGE COVERAGE, A. Coverage, 4. Coverage
Extensions: The following is added to SECTION II — COVERED
d. Hired Auto Physical Damage Coverage AUTOS LIABILITY COVERAGE, A.2. Coverage
Extensions:
If hired "autos" are covered "autos" for Liability f. Hired Car—Worldwide Coverage
Coverage and this policy also provides Physical
Damage Coverage for an owned "auto",then the (1) We will pay all sums an "insured" legally
Physical Damage Coverage is extended to must pay as damages because of "bodily
"autos" that you hire, rent or borrow subject to injury" or "property damage" to which this
the following: insurance applies, caused by an "accident"
(1) The most we will pay for "loss" in any one which occurs outside of the United States of
"accident" to a hired, rented or borrowed America, the territories and possessions of
"auto"is the lesser of: the United States of America, Puerto Rico
and Canada resulting from the maintenance,
(a) $60,000 or use of any covered "auto" of the private
(b) The actual cash value of the damaged passenger type you lease, hire, rent or
or stolen property as of the time of the borrow without a driver for thirty(30)days or
"loss"; or
less.
(c) The cost of repairing or replacing the (2) With respect to any claim made or "suit"
damaged or stolen property with other instituted outside the United States of
property of like kind and quality. America, the territories and possessions of
the United States of America, Puerto Rico,
and Canada:
PPA 300 03 13 Page 3 of 5
(a) You shall undertake the investigation, M. Temporary Transportation Expenses
settlement and defense of such claims SECTION III — PHYSICAL DAMAGE COVERAGE,
and "suits" and keep us advised of all A.4. Coverage Extensions, subparagraph a.
proceedings and actions. Transportation Expenses is deleted and replaced
(b) You will not make any settlement by the following:
without our consent.
a
(c) We will reimburse you: . Transportation Expenses
(1) We will pay up to a maximum of$1,500 for
(1) For the amount of damages be- temporary transportation expense incurred
cause of liability imposed upon you by you because of Physical Damage to a
by law on account of "bodily injury" covered "auto".
or "property damage" to which this
insurance applies, and (2) We will pay only for those covered "autos"
for which you carry Comprehensive, Colli-
incurred with our consent in(ii) For all reasonable expenses sion or Specified Case of Loss Coverage.
connection with the investigation, (3) We will pay only for those expenses incurred
settlement or defense of such by you during the period of time that begins
claims or"suits". Reimbursement for twenty-four (24) hours after the covered
expenses will be part of the Limit of "loss" and ends at the time when the
Insurance for liability coverage covered "auto' can be reasonable repaired
shown in the Business Auto or replaced.
Coverage Declarations, and not in (4) This coverage does not apply while there
addition to such limits. are spare or reserve "autos" available to you
(3) The limit of Insurance for Liability Coverage for your operations.
shown in the Business Auto Coverage
Declarations is the most we will reimburse N. Amended Bodily Injury Definition — Mental
you for the sum of all damages imposed on Anguish
you, as set forth in paragraph 2.c. above, The following is added to SECTION V —
and all expenses incurred by you arising out DEFINITIONS, Definition C.:
of any single "accident"or"loss".
"Bodily injury" also includes mental anguish, but only
(4) You must maintain the greater of the follow- when the mental anguish arises from other bodily
ing primary auto liability insurance limits, injury, sickness or disease.
(a) Compulsory admitted insurance with O. Airbag Coverage
limits required to be in force to satisfy
the legal requirements of the jurisdiction The following is added to SECTION III—PHYSICAL
where the accident occurs;or DAMAGE COVERAGE B.Exclusions 3.a.:
(b) Insurance limits required by law and However, this exclusion will not apply to accidental
issued by a government entity or by an discharge of an airbag due to mechanical or
insurer licensed or permitted by law to electrical breakdown.
do business in the jurisdiction where the
"accident"occurs;or P. Amended Insured Contract Definition — Railroad
Easement
(c) Auto liability insurance limits of at least
$300,000 combined single limit or SECTION V— DEFINITIONS paragraph H. "Insured
$100,000 per persont$300,000 per acci- contact' is modified as follows:
dent Bodily Injury, $100,000 Property 1. Paragraph H.3. is replaced by the following:
Damage.
If you fail to comply with the above, this 3. Any easement or license agreement.
insurance is not invalidated. However, in the 2. Paragraph H.6.a. is deleted.
event of a "loss", we will pay only to the
extent that we would have been liable had Q. Coverage Extensions — Audio, Visual And Data
you so complied. Electronic Equipment Not Designed Solely For
The Production Of Sound
(5) The insurance provided by this coverage
extension is excess over any other collec- SECTION III — PHYSICAL DAMAGE COVERAGE
tible insurance available to you whether on a B. Exclusions, exception paragraph a. to exclusion
primary, excess contingent or any other 4.c. and 4.d. is deleted and replaced with the
basis. following:
PPA 300 03 13 Page 4 of 5
a. Equipment and accessories used with such (3) An executive officer or insurance manager, if
equipment, except for tapes, records, discs or you are a corporation.
other electronic media device, provided such S. Unintentional Errors Or Omissions
equipment is permanently installed in the
covered "auto" at the time of the "loss" or is SECTION IV—BUSINESS AUTO CONDITIONS, B.
removable from the housing unit which is General Conditions; 2. Concealment Misrepre-
permanently installed in the covered "auto" at sentation Or Fraud is amended by adding the
the time of the "loss", and such equipment is following:
designed to be solely operated by use of the The unintentional omission of, or unintentional error
power from the "autos" electrical system, in or
upon the covered "autos"; or in, any information given by you shall not prejudice
your rights under this insurance. However this pro-
R. Notice Of And Knowledge Of Occurrence vision does not affect our right to collect additional
SECTION IV — BUSINESS AUTO CONDITIONS, premium or exercise our right of cancellation or
A.2. Duties In The Event Of Accident, Claim Suit nonrenewal.
Or Loss, subparagraph a. is deleted and replaced T. Towing Coverage
with the following: SECTION III — PHYSICAL DAMAGE COVERAGE,
a. In the event of "accident", claim, "suit" or "loss", A.2. Towing, is deleted and replaced by the
you must give us or our authorized repre- following:
sentative prompt notice of the "accident" or
"loss" including: 2. We will pay up to $750 for towing and labor
costs incurred each time a covered "auto" is
(1) How, when and where the "accident" or disabled due to a covered cause of loss.
"loss"occurred; However:
(2) The"insured's" name and address; and a. All labor must be performed at the place of
(3) To the extent possible, the names and disablement; and
addresses of any injured person and b. If the covered auto is a private passenger
witnesses. type no deductible applies; and
Your duty to give us or our authorized c. If the covered auto is not of the private
representative prompt notice of the "accident" or passenger type our obligation to pay will be
"loss" applies only when the "accident" or "loss" reduced by a $250 deductible per
is known to: disablement.
(1) You, if you are an individual;
(2) A partner if you are a partnership; or
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PPA 300 03 13 Page 5 of 5
Policy Number: PSB0005053 RLI Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack° FOR DESIGN PROFESSIONALS
LIABILITY ENHANCEMENT
SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT
A. First Aid And Good Samaritan Services
B. Supplementary Payments
C. Reasonable Force— Bodily Injury Or Property Damage
D. Non-Owned Watercraft
E. Canoes Or Rowboats
F. Damage To Premises Rented To You
G. Aircraft Chartered With Crew
H. Electronic Data Liability
I. Who Is An Insured—Newly Acquired Or Formed Organizations
J. Who Is An Insured—Unnamed Partnership Or Joint Venture
K. Additional Insured—Owner, Manager Or Lessor Of Premises Or Leased Equipment
L. Additional Insured—State Or Political Subdivisions—Permits Related To Premises Or Operations
M. General Aggregate Limit—Per Project Or Per Location
N. Knowledge And Notice Of Occurrence Or Offense
O. Amended Bodily Injury Definition
P. Amended Insured Contract Definition—Construction Or Demolition Operations Within 50' Of Railroad
Q. Amended Personal And Advertising Injury Definition—Electronic Material
R. Unintentional Omission
S. Waiver Of Transfer Of Rights Of Recovery Against Others To Us
PPB 316 11 13 Page 1 of 7
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM —SECTION II—LIABILITY AND SECTION III AS IT PERTAINS TO LIABILITY
ONLY
A. First Aid And Good Samaritan Services a. Expected or Intended Injury
1. The following is added to Section II A.1. "Bodily Injury" or "property damage" ex-
Business Liability Coverages pected or intended from the standpoint of
We will pay those sums that the insured the insured.This exclusion does not apply to
becomes legally obligated to pay as damages "bodily injury"or"property damage" resulting
because of"bodily injury"arising out of either the from the use of reasonable force to protect
rendering of or failure to render, "First Aid" or persons or property.
"Good Samaritan Services" to any person. For D. Non-Owned Watercraft
the purposes of this coverage grant, "First Aid" 1. Section 11 B.1.g. Exclusions, Aircraft, Auto Or
or"Good Samaritan Services"will be deemed to
meet the definition of "occurrence". For the Watercraft Subparagraph (2} is deleted and
purposes of determining the applicable limits of replaced by the following:
insurance, any act or omission together with all (2) A watercraft you do not own that is:
related acts or omissions in the rendering of (a) Up to seventy-five(75)feet long;and
"First Aid" or "Good Samaritan Services" to any
one person will be deemed one"occurrence". (b) Not being used to carry persons or
a. "First Aid" means initial care for medical property for a charge;
attention immediately following a "bodily 2. Only as respects to the insurance provided by
injury". this provision C. Who Is An Insured is
b. "Good Samaritan Services" means medical amended to include as an insured any person
attention provided in an emergency and for who, with your express consent uses the
which no remuneration is demanded or watercraft.
received. 3. The insurance provided by this provision shall
2. The insurance provided by this provision shall be excess over any valid and collectible other
be excess over any valid and collectible other insurance available to the insured, whether
insurance available to any insured whether primary, excess, contingent or on any other
basis, except for the insurance purchased
primary, excess, contingent or any other basis, specifically by you to apply in excess of the
except for insurance purchased specifically by Limits of Insurance shown in the declarations for
you to apply in excess of the limits of Insurance this Coverage Part.
shown in the declarations for Business Liability.
B. Supplementary Payments E. Canoes Or Rowboats
Section 11 A.11. Coverage Extension — The following is added to the exceptions contained
Supplementary Payments Paragraphs 1.(b) and in Section 11 B.1.g. Exclusions, Aircraft, Auto Or
1.(d)are deleted and replaced with the following: Watercraft:
(b) Up to $2,500 for the cost of bail bonds required (6) Any non-motorized canoe or rowboat owned by
because of accidents or traffic violations arising the insured. Only as respects to the insurance
out of any vehicle to which Business Liability provided by this provision C. Who Is An
Coverage for "bodily injury" applies. We do not Insured is amended to include as an insured
have to furnish these bonds. any person who, with your express consent,
uses any such canoe or rowboat.
(d) All reasonable expenses incurred by the insured F. Damage to Premises Rented to You
at our request to assist in the investigation or
defense of the claim or "suit", including actual 1. The last paragraph of Section II B.I. Ex-
loss of earnings up to $500 a day because of clusions — Applicable To Business Liability
time off work. Coverage is deleted and replaced by the
C. Reasonable Force — Bodily Injury Or Property following:
Damage Exclusions c., d.,e.,f.,g., h., 1., k.,I., m., n. and
Section 11 B.1.a. Exclusions, Expected Or o. in SECTION II — LIABILITY do not apply to
Intended Injury, is deleted and replaced by the damage by water, fire, explosion, lightning, or
following: smoke resulting from fire to premises while
PPB 316 11 13 Page 2 of 7
rented to you, or temporarily occupied by you cells, data processing devices or any other
with permission by the owner. A separate media which are used with electronically
Damage To Premises Rented To You Limit of controlled equipment.
Insurance applies to this coverage as described 3. For the purposes of the coverage provided by
in paragraph D. Liability And Medical this endorsement, Section II F. Liability And
Expenses Limits of Insurance in SECTION II— Medical Expenses Definitions, Paragraph 17.
LIABILITY. is deleted and replaced by the following:
2. Section II F.9.a. Liability And Medical 17. "Property damage"means:
Expenses Definitions, is deleted and replaced
by the following: a. Physical injury to tangible property,
including all resulting loss of use of that
a. A contract for a lease of premises. However, property. All such loss of use shall be
that portion of the contract for a lease of deemed to occur at the time of the
premises that indemnifies any person or physical injury that caused it;
organization for damage by water, fire,
explosion, lightning, or smoke resulting from b. Loss of use of tangible property that is
fire to premises while rented to you or not physically injured. All such loss of
temporarily occupied by you with permission use shall be deemed to occur at the
of the owner is not an "insured contract"; time of the "occurrence" that caused it;
or
3. This provision does not apply if coverage for c. Loss of, loss of use of, damage to,
Damage To Premises Rented To You is ex- corruption of, inability to access, or in-
cluded by another endorsement to this policy. ability to manipulate "electronic data",
G. Aircraft Chartered With Crew resulting from physical injury to tangible
1. The following is added to the exceptions property. All such loss of "electronic
contained in Section II B.1.g. Exclusions, data" shall be deemed to occur at the
Aircraft, Auto or Watercraft: time of the"occurrence"that caused it.
d. Property damage does not mean dis-
(ti) Any non-owned aircraft chartered to you closure of, display of, or theft or mis-
appropriation of electronic data however
2. The insurance provided by this provision shall caused.
be excess over any valid and collectible other For the purposes of this insurance,
insurance available to the insured whether "electronic data" is not tangible property.
primary, excess, contingent or on any other
basis, except for insurance purchased specif- I. Who Is An Insured — Newly Acquired Or Formed
ically by you to apply in excess of the Limits of Organizations
Insurance shown in Declarations. The following is added to Section II C. Who Is An
H. Electronic Data Liability Insured:
1. Section II B.1.q. Exclusions is deleted and Any organization you newly acquire or form, other
replaced by the following: than a partnership, joint venture or limited liability
company, over which you maintain ownership or
q. Electronic Data majority interest, will qualify as a Named Insured if
Damages arising out of the loss of, loss of there is no other similar insurance available to that
use of, damage to, corruption of, inability to organization. However:
access, disclosure of, display of, theft or 1. Coverage under this provision is afforded only
misappropriation of or inability to manipulate until the one hundred eightieth (180t') day after
"electronic data". However this exclusion you acquire or form the organization or the end
does not apply to"Property Damage". of the policy period,whichever is earlier;
2. The following definition is added to Section II F. 2. Coverage does not apply for "bodily injury" or
Liability And Medical Expenses Definitions: "property damage" that occurred before you
"Electronic data" means information, facts or acquired or formed the organization.
programs stored as or on, created or used on, or 3. Coverage does not apply for "personal and
transmitted to or from computer software advertising injury" arising out of an offense
(including systems and applications software), committed before you acquired or formed the
hard or floppy disks, CD-ROMS, tapes, drives, organization.
PPB 316 11 13 Page 3 of 7
4. This provision does not apply to any (1) Only if the "bodily injury", "property dam-
organization for which coverage is excluded by age" or "personal and advertising injury"
another endorsement to this policy. is caused, in whole or in part, by you or
J. Who Is An Insured — Unnamed Partnership Or any person or organization performing
Joint Venture operations on your behalf, and arises
out of the ownership, maintenance or
1. The last paragraph of Section II C. Who Is An use of that part of any premises leased
Insured is deleted and replaced by the to you under that contract or agreement;
following: or
No person or organization is an insured with (2) The"bodily injury", "property damage" or
respect to the conduct of any current or past "personal and advertising injury" is
partnership, joint venture or limited liability caused, in whole or in part, by you or
company that is not shown as a Named Insured any person or organization performing
in the Declarations. However this limitation does operations on your behalf, and arises
not apply to your liability with respect to your out of the maintenance,operation or use
conduct of the business of any current or past of equipment leased to you by such
partnership or joint venture: additional insured.
a. That is not shown as a Named Insured in 2. The insurance provided to such additional in-
the Declarations; and sured under this provision is subject to the
b. In which you are a member or partner but following:
only if: a. The limits of insurance afforded to such
(i) Each and every member or partner in additional insured shall be the limits which
that joint venture or partnership is not a you agreed to provide in the contract or
construction contractor; and agreement, or the limits shown in the
Declarations, whichever are less; and
(li) The joint venture or partnership is not
providing construction contracting b. The insurance afforded to such additional
services. insured does not apply:
2. This provision does not apply to any person or (1) To any "bodily injury" or "property dam-
organization for which coverage is excluded by age" that occurs, or "personal and
another endorsement to this policy. advertising injury" caused by an offense
3. The insurance provided by this provision shall committed, after you cease to be a
be excess over any valid and collectible other tenant in that premises;
insurance, whether primary, excess, contingent (2) To any structural alterations, construc-
or on any other basis, which is available tion or demolition operations performed
covering your liability with respect to your by or on behalf of such additional
conduct of the business of any current or past insured;
partnership or joint venture that is not shown as
a Named Insured in the Declarations and which (3) To any premises for which coverage is
is issued to such partnership or joint venture. excluded by another endorsement to
K. Additional Insured — Owner, Manager Or Lessor this Coverage Part;
Of Premises Or Leased Equipment (4) To any "bodily injury" or "property dam-
Section II C. Who Is An Insured is amended to age" that occurs, or "personal and
include as an insured: advertising injury" caused by an offense
committed, after the equipment lease
1. Any person or organization that you have expires; or
agreed in a contract or agreement to include as
an additional insured on this policy, but: (5) If the equipment is leased with an
operator.
a. Only with respect to liability for"bodily injury"
or "property damage" that occurs, or 3. This provision does not apply on any basis to
"personal and advertising injury" caused by any person or organization for which coverage
an offense committed, after you have as an additional insured specifically is added by
entered into that contract or agreement; and another endorsement to this policy.
PPB 316 11 13 Page 4 of 7
L. Additional Insured — State Or Political is twice the Liability and Medical Expenses
Subdivisions — Permits Related To Premises Or limit.
Operations The aggregate limit for all "bodily injury" and
Section II C. Who Is An Insured is amended to "property damage", medical expenses and
include as an insured: "personal and advertising injury" other than
1. Any state or political subdivision that has issued "bodily injury' or "property damage" included in
a permit in connection with premises owned or the "products-completed operations hazard"
occupied by, or rented or loaned to, you, but applies separately to each of your "projects"
only with respect to "bodily injury", "property away from premises owned by or occupied by
damage", "personal and advertising injury" you or to each of your "locations" owned by or
arising out of the existence, ownership, use, occupied by you.
maintenance, repair, construction, erection or "Projects" mean an area away from premises
removal of advertising signs, awnings, canopies, owned by or rented to you at which you are
cellar entrances, coal holes, driveways, man- performing operations pursuant to a contract or
holes, marquees, hoist away openings, sidewalk agreement. For the purposes of determining the
vaults, elevators, street banners or decorations applicable aggregate limit of insurance, each
for which that state or political subdivision has "project" at the same "location" shall be
issued such permit. considered a single"project".
2. Any state or political subdivision that has issued For the purposes of this provision, "location"
a permit, but only with respect to "bodily injury", means
"property damage", "personal and advertising 1. Premises involving the same or connecting
injury" arising out of operations performed by lots;
you or on your behalf for which that state or
political subdivision has issued such permit. 2. Premises where connection is interrupted
However, no such state or political subdivision is only by a street, roadway, waterway or right-
an insured for: of-way of a railroad; or
a. "Bodily injury", "property damage", "personal 3. Premises where operations are performed in
and advertising injury" arising out of op- sections, stages or phases as a continuation
erations performed for that state or political of the same contract or agreement, even if
subdivision; or the premises do not involve connecting lots.
b. "Bodily injury" or"property damage" included Subject to Paragraph a. or b. above, whichever
within the "products-completed operations applies, the Damage To Premises Rented To
hazard". You Limit is the most we will pay for damages
M. General Aggregate Limit — Per Project Or Per because of "property damage" to any one
Location premises, while rented to you, or in the case of
fire; explosion; lightning; smoke resulting from
Section II D. Liability And Medical Expenses such fire, explosion or lightning; or water while
Limits of Insurance, Paragraph 4. Aggregate rented to you or temporarily occupied by you
Limits. is deleted and replaced by the following: with permission of the owner.
4. Aggregate Limits The Limits of Insurance of SECTION II —
The most we will pay for: LIABILITY apply separately to each consecutive
annual period and to any remaining period of
a. All "bodily injury"and "property damage"that less than twelve (12) months, starting with the
is included in the "products-completed beginning of the policy period shown in the
operations hazard" is twice the Liability and Declarations, unless the policy period is
Medical Expenses limit. extended after issuance for an additional period
b. All: of less than twelve (12) months. In that case,the
additional period will be deemed part of the last
(1) "Bodily injury' and "property damage" preceding period for purposes of determining the
except damages because of "bodily in- Limits of Insurance.
jury or property damage" included in
the "products-completed operations N. Knowledge And Notice Of Occurrence Or
hazard"; Offense
(2) Plus medical expenses; The following is added to Section II E. 2. Liability
and Medical Expenses General Conditions,
(3) Plus all "personal and advertising injury" Duties In The Event of Occurrence, Offense,
caused by offenses committed; Claim Or Suit:
PPB3161113 Page 5of7
Notice of an "occurrence" or of an offense which Protective Liability insurance available to an
may result in a claim must be given as soon as insured , whether primary, excess, contingent or
practicable after knowledge of the "occurrence" or on any other basis, except for the insurance
offense has been reported to you, one of your purchased specifically by you to apply in excess
"executive officers" (if you are a corporation), one of of the Limits of Insurance shown in the
your partners who is an individual (if you are a declarations for this Coverage Part.
partnership), one of your managers (if you are a Q. Amended Personal And Advertising Injury
limited liability company), one of your trustees who is Definition—Electronic Material
an individual (if you are a trust), or an "employee"
(such as an insurance, loss control or risk manager 1. The definition of "personal and advertising
or administrator) designated by you to give such injury" in Section 11 F.14.d. Liability And
notice. Medical Expenses Definitions is deleted and
Knowledge by any other "employee" of an "occur- replaced by the following:
rence" or offense does not imply that you also have d. Oral, written or electronic publication, in any
such knowledge. manner, of material that slanders or libels a
person or organization or disparages a
Notice of an "occurrence" or of an offense which person's or organization's goods, products
may result in a claim will be deemed to be given as or services;
soon as practicable to us if it is given in good faith as
soon as practicable to your workers' compensation, 2. The definition of "personal and advertising
accident, or health insurer. This applies only if you injury" in Section II F.14.e. Liability And
subsequently give notice of the "occurrence" or Medical Expenses Definitions is deleted and
offense to us as soon as practicable after you, one replaced by the following:
of your"executive officers" (if you are a corporation), e. Oral, written or electronic publication, in any
one of your partners who is an individual (if you are manner, of material that violates a person's
a partnership), one of your managers (if you are a right of privacy;
limited liability company), one of your trustees who is
an individual (if you are a trust), or an "employee" 3. Section 11 B.1.p.(2) Exclusions for Personal
(such as an insurance, loss control or risk manager And Advertising Injury is deleted and replaced
or administrator) designated by you to give such by the following:
notice discovers that the "occurrence" or offense (2) Arising out of oral, written or electronic
may involve this policy. publication of material if done by or at the
O. Amended Bodily Injury Definition direction of the insured with knowledge of its
falsity;
The definition of "bodily injury" in Section II F.3.
Liability And Medical Expenses Definitions is 4. Section 11 B.1.p.(2) Exclusions for Personal
deleted and replaced by the following: And Advertising Injury is deleted and replaced
by the following:
"Bodily injury" means injury to the body, sickness,
disease, or death. "Bodily injury" also means mental (3) Arising out of oral, written or electronic pub-
injury, mental anguish, emotional distress, pain and lication of material whose first publication
suffering, or shock resulting from injury to the body, took place before the beginning of the policy
sickness, disease or death of any person. period;
P. Amended Insured Contract Definition — R. Unintentional Omission
Construction Or Demolition Operations Within The following is added to SECTION III — COMMON
50'Of Railroad POLICY CONDITIONS Paragraph C. Concealment,
1. The definition of"insured contract" in Section 11 Misrepresentation Or Fraud (BUT APPLICABLE
F.9.c. Liability And Medical Expenses Defi- ONLY TO SECTION II—LIABILITY)
nitions is deleted and replaced by the following: However as it pertains to Business Liability Cover-
age only, the unintentional omission of, or uninten-
c. Any easement or license agreement tional error in, any information provided by you
2. The definition of "insured contract" in Section 11 which we relied upon in issuing this policy shall not
F.99.(1) Liability And Medical Expenses prejudice your rights under this insurance. This pro-
Definitions is deleted. vision does not affect our right to collect additional
premium or to exercise our right of cancellation or
3. The insurance provided by this provision shall nonrenewal in accordance with applicable insurance
be excess over any valid and collectible Railroad laws or regulations.
PPB 316 11 13 Page 6 of 7
S. Waiver Of Transfer Of Rights Of Recovery b. Ongoing and completed operations per-
Against Others To Us formed by you, or on your behalf, under a
SECTION III — COMMON POLICY CONDITIONS contract or agreement with that person or
Paragraph K.2. Transfer of Rights of Recovery
organization;
Against Others to Us (BUT APPLICABLE ONLY c. Your"work";or
TO SECTION II — LIABILITY) is deleted and
replaced by the following: d. "Your products".
2. Applicable to Business Liability Coverage: We waive these rights only where you have
agreed to do so as part of a contract or agree-
We waive any rights of recovery we may have ment entered into by you before the "bodily
against any person or organization because of injury" or "property damage" occurs or the
payments we make for "bodily injury", "property "personal and advertising injury" offense is
damage", "personal injury and advertising injury" committed.
arising out of:
a. Premises owned by you, temporarily occu-
pied by you with permission of the owner, or
leased or rented to you;
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PPB 316 11 13 Page 7 of 7
•
KENT +LENS �" Agenda Item: Consent Calendar - 7E
TO: City Council
DATE: May 17, 2016
SUBJECT: Consultant Services Agreement with Landau Associates for Geotechnical
& Environmental Services during Construction of the 72"d Ave S.
Extension Project - Authorize
MOTION: Authorize the Mayor to sign a Consultant Services Agreement
with Landau Associates to provide geotechnical and environmental services
during construction of the 72"d Avenue South Extension Project in an
amount not to exceed $123,150.00, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
SUMMARY: Construction of the ground improvements necessary to support a new
bridge requires specialized inspection by a geotechnical engineer. Furthermore,
environmental compliance near the Western Processing Superfund site is
necessary. Landau Associates has the proper experience and certifications for these
services. The 72"d Avenue South extension project will complete the missing link
between South 196th Street and South 220th Street and provide connectivity to the
north end of the industrial area between West Valley Highway and the Union Pacific
Railroad tracks. The construction contract was awarded in March and construction
is under way.
EXHIBITS: Consultant Services Agreement
RECOMMENDED BY: Public Works Committee
YEA: Fincher, Ralph, Higgins NAY:
BUDGET IMPACTS: This project is funded by a Washington State Transportation
Improvement Board grant, a Regional Fire Authority contribution and storm drainage
funds.
'� FEQ� S FO MA U .. a5 GNATII�E ;,
� n�4ume m
1anGaum.�dates i�� pn^ti ^4� �+^ u ai�'+ ''�
vane pPartw.� w� exun nnAa: '
P Nn a f ttm x a a�p.s., �* vn 1I� �5 � am W�gt'IAMtI �Frr'�fi`�
� ulllllllll���� �� IIIIIIIIII�IIIIIII '
IIIIIIIIIIIIIIII y��� � n 4�,
IIIIIIIII, y IIIIWulllllllillllllllll
CITY OF SCENT
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 Li2ndau A atgs, Inc. Company, hereby
acknowledge and declare that the before-mentioned company was the prime contractor for the
Agreement known as Z2,d Ave. S. EXtjog�M that was entered into on the M.@y__?,;'I ,, 22 16
(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: (yQ1VZT4f
For: n u c c f<�;
Title;
Date: k
EEO COMPLIANCE DOCUMENTS - I PVV1 z