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HomeMy WebLinkAboutPW17-167 - Original - PACE Engineers, Inc - Contract - 4/13/17 Records M KEN T WAS H ING"TO N I yl � I CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: PACE Engineers, Inc. Vendor Number: JD Edwards Dumber Contract Number: VV Cl ....1 This is assigned by City Clerk's Office Project Name: S. 228th St. UPRR Grade Separation Description: 0 Interlocal Agreement ❑ Change Order F1 Amendment ® Contract l Other: Contract Effective bate: _4/13/17 Termination Date 6/"1/18 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Susanne Smith Department: Engineering Contract Amount: $8,800.00 Approval Authority: (CIRCLE ONE) Department Directo Mayor City Council Detail: ( .e. address, location, parcel number, tax id, etc.): Assess the effects of predicted settlement on proposed water main and 72" storm drain pipe for the project. As of; 08/27/14 -40011,�000�. 4 KENT WAMMINOTON CONSULTANT SERVICES AGREEMENT between the City of Kent and PACE Engineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and PACE Engineers, Inc. organized under the laws of the State of Washington, located and doing business at 11255 Kirkland Way, Suite 300, Kirkland, WA 98033-6715, Phone: (425) 827-2014, Contact: William Reynolds (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall assess the effects of predicted settlement on the proposed water main and 72" storm drain pipe for the S. 228t" Street UPRR Grade Separation 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 June 1, 2018. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Eight Thousand, Eight Hundred Dollars ($8,800.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) 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 duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The 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 CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 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. 1 City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) K. Counterparts and Signatures by Fax or Email, This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF KENT: B ­6 y:11r By: na nature) 77, J. I Print me: Print Name: Tim thy J. LaPorte, P.E. Its; Its: Public Works Director Fer y-tie) -7 DATE: 7 DATE: NOTICES TO BE SENT TOL : NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: William Reynolds Timothy J. LaPorte, P.E. PACE Engineers, Inc. City of Kent 11255 Kirkland Way, Sutie 300 220 Fourth Avenue South Kirkland, WA 98033-6715 Kent, WA 98032 (425) 827-2014 (telephone) (253) 856-5500 (telephone) (425) 827-5043 (facsimile) (253) 856-6500 (facsimile) PACE-228"UPRR Grade Sep/Smith CONSULTANT SERVICES AGREEMENT 5 ($20,000 or Less) 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. B. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment a,s 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: TM Far: Title: Date: L1.04 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 Engineers I Planners I Surveyors (EAC E Balloe �q March 20, 2017 Mark Madfai, P.E., Design Engineering Supervisor Public Works Engineering City of Kent 400 W. Gowe Street Kent, WA 98032 Subject. South 228"1 Street UPRR Overpass- Utility Settlement Recommendations Proposal for Professional Engineering Services Dear Mark: PACE Engineers, Inc., appreciates the opportunity to submit this budget proposal for providing Professional Engineering Services for the utility settlement study and recommendations for the subject project. Based on the information you provided, and our discussions with your team on March 91, we have developed the following project understanding and description of our proposed services: Project Understanding The South 228th Street UPRR overpass project is being implemented to create a grade separation of this arterial roadway from the Union Pacific Railroad tracks and the Interurban Trail along the alignment of 741h Avenue S. The roadway improvements will extend from 72nd Avenue S. on the west, to 74th Avenue S.Wh Avenue N. to the east. Two adjoining roadways will also be elevated to meet the 2281h Street, including 61h Avenue N. and a commercial access along the alignment of 73rd Avenue S. Designed engineering will be conducted by City of Kent Engineering Department and Geotechnical services are being provided by GEO Engineers. Utility reconstruction/relocation consists of a new 12" DI water main and appurtenances for the full extent of the project, replacement of a 72"storm drain from the flow channel adjacent to the Interurban Trail, easterly to 4th Ave N. local surface runoff collection, conveyance and storm water quality vaults. The City has requested the services of PACE to assess the effects of predicted settlement on the proposed water main and 72"storm drain pipe, and develop recommendations for design considerations and/or special components to accommodate the predicted soil settlement. The utility settlement will be based on the geotechnical analysis and modeling provided by GEO Engineers to the City under a separate agreement. Scope of Work 1. Review mapping and proposed utility design for the project provided by the City, including alignment and profile information. 2. Coordinate with GEO Engineers for development of new pipeline settlement profiles. 3. Identify critical areas of anticipated differential settlement, or significant profile subsidence. 4. Develop methods of accommodating or mitigating the anticipated settlement, including a description of pipe materials,jointing systems, manhole connections, and other pipe deflection products and components. PACE Engineers.Inc. 11255 Kirkland Way I Suite= Kirkland.Washington 98033-6715 p 425.827.2014 1 /425.827.5043 www,paceengrs.com March 20, 2017 Engineers I Planners I Surveyors Mark Madfai, P.E. South 228th Street UPRR Overpass-Utility Settlement Recommendations Page 2of2 www,paceengrs.com 5. Prepare a Technical Memorandum that summarizes the findings of our assessment, and presents our recommendations for settlement control measures and equipment for the proposed new utilities. Deliverables • Technical Memorandum,five (5) hard copies and PDF file. • Copies of settlement profiles developed by GEO Engineers Exhibits depicting critical points that are identified in the assessment. • Manufacturer's product data sheets and specifications for any equipment recommended for use in the design. Fee Estimate We propose providing the services listed above on a time and expense basis for an estimated fee of $8,800.00 plus reimbursable expenses. This amount is not to be exceeded without prior authorization for revised or additional scope of service. The above scope of work and related fee has been based on the following assumptions: • The geotechnical report, exhibits and other supporting information prepare by GEO Engineers will be made available to PACE for use in developing our recommendations. The following services are not included in this proposal. • Assessment of the impacts of the project to the King County METRO sewer trunk line are not included in this scope of services. Project Schedule With our current workload,we can complete the project within 30 calendar days of receiving authorizations to proceed. Terms and Conditions This scope and fee proposal is presented to serve as an exhibit to be incorporated into the City of Kent's Standard Professional Engineering Service Agreement. We have attempted to cover all aspects of the requested services; however, if you feel that additional areas of work require our attention, if you have any questions, or if you desire additional information, please do not hesitate to contact us. Sincerely, PACE Engineers, Inc. William Reynolds, P.E. Principal Engineer PAP IM7000 PROPOSALStENGINEERING\Kent-228th Street overpass utility settlementTee Proposal-Kent 228th Street Overpass utitit study docx PACE Engineers Project Budget Worksheet•2017 Municipal Rates Project Name 228th Street Overpass•O81ity Settlement Cllent City of Kent Englnoodng Prepared By: 7--a-al R. Project It. Billing Group 9: Task# Data March 20,2017 Labor Hours byClaulftcatlon Labor Staff Type#(See Labor Rates Table) Code 1 10 18 75 93 1 SlaH Type Hourly Rate $210— 5195 �_S95 $105 $65 Job Sr Principal CAD Drafter Office Tech Hour DrawngftaskTitle Title Eng Principal Eng JrEng II 111 MA #WA WA #N)A WA #W7A Total Review mapping and design 4 2 6.0 Pipeline profiles ( 2 ( 4 I I I ( 6.0 identify Critical areas III 6 8 I I I 14.0 Develop mitigation ( 8 12 4 t I ! 24.0 Prepare Tech Memo 1 4 B 4 I it 0 I t i l l I l l I Hours Total 1.0' 24 0 34.0 4.0 4.0 87. Labor Total $210 $4,BB0 $3.230 $ 420 5280 Fapemes Reimbursable Subconsuaants rateluait Quantity Cost Utility Locate Postagec4urfer I Mechanical Engineer Now i I Electrical Engineer PACE Bitted Labor ToW $B.8110 Phowmco GeatecliNcal Engineer Reimbursable Eripensos bMeagafrravH+PerDnem 1 S C Engineer Subcoosullaals m4cellaneous j ` Suboonsultant Subtotal Total Project Budge S9,eoo Technology Fee i2YooFlabor) IRA Mani 15° Tau Total Rate Table Used: 2017 Municipal Ralos File:Budget Worksheot.Kant 22$th St utility sottlomeat Fee Workshoot Page 1 of 1 Printed:310l2017,2:34 PM 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 11 85. 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 2,000,000 per claim and $4,000,000 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. CERTIFICATE OF LIABILITY INSURANCE F41151 2016OAT DlYYYY) 016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER NAME: mpany Michael J Hall&Company PHONE0. _ Fax Hall&Company E-MAIL - a!C No 19660 10th Ave NE ADDRESS: Poulsbo WA 98370 INSURER 3 AFFORDING COVERAGE NAIC# INSURER A INSURED 42 INSURER B:The Travelers Indemnity Company 25658 PACE Engineers Inc INSURER C: 11255 Kirkland Way Suite 300 INSURER D Kirkland WA 98033 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:945478784 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR TYPE OF INSURANCE POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER MMIDD MM1DD/YYYY LIMITS C GENERAL LIABILITY Y Y 6807B937695 4/27/2016 4/27/2017 EACH OCCURRENCE $2,000,000 -D-AMAOF TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence) $300,000 CLAIMS-MADE a OCCUR MED EXP(Any one person) $5.000 X XCU/OCP/BFPD PERSONAL&ADV INJURY $2.000,000 X Cross Liability GENERAL AGGREGATE $4,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $4 000 000 POLICY X PRO• LOC $ B AUTOMOBILE LIABILITY Y Y BA7B941924 4/27/2016 4/27/2017 Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Par accident) $HIRED AUTOS AUTOSNON-OWNED PROPERTY DAMAGE $ AUTOS Per accident $ B X UMBRELLA LIAB N OCCUR Y CUP7B960268 4/27/2016 4/27/2017 EACH OCCURRENCE $3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 DED I X I RETENTION$10,000 $ C WORKERS COMPENSATION Y 6807B937695 4/27/2016 4/27/2017 WC STATU- X OTH- WA Stop Gap AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETORlPARTNERlEXECUTNE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Professional Liab Claims Made DPL536416 4/27/2016 4/27/2017 $2,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) The City of Kent is an Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured. The Commercial General Liability insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non-contributing with this insurance.A waiver of subrogation applies to the Commercial General Liability,Auto Liability, Umbrella/Excess Liability and Workers Compensation/Employers Liability in favor of the Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 400 West Gowe Kent WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Policy No.6807B937685 COMMERICAL GifNERAL LIABILITY 1 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE REA©'IT CAREi=ULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND BUkVEYQ-R$) This endorsement modifies Insurance proyided undgrtt q following: COMMERCIAL GENERAL LIABILITY COVi=RAGE PART A, The following is added to;WHO Is AN INSURED INSURA14CE (Sectlon Ill) for this Coverage (5eotion il)r Part, € Any person or organization that you agree In a - B. The following 1$ added to paragraph a. of 4. i "contract or agreement requiring insurance to In- Other Insurance In COMMFRCIAL GENERAL clude as an additional insured on this Coverage LIAIJILI Y CONDITIONS(Section ivy: Part,but oply with rgspecf to liability for"bodily In, Mgyvever,N you ppeo pgaily agree In a"cogtract or jury", "property damaged or 01personal Injury" agreement requiring insurance"that the Insuronce caused, In whale pr jn part, by your acts or orals- provided to pin additional Insured under this Cov- signs or the acts or omissions bf those acting on erage Part inust apply on a primary basis, or a your behalf: primary and non-contributory basis,this Insurance a. In the performance of your ongoing opera- Is primary to other Insurance that is available to lions; such gdditloga„l insVred'yvitioh'covgrs such addl. b, In gonne4pon with premises owned by or tlonal Insured as a named insured,and we Wit not rented to you;or share with the other Insurance,provfdgd that, � c. in 66nnectlon with "yWr work" and Included (1) The "bddlly Inluty" or "property damage" for within the "products-'completed operations which coverage Is sought occurs;and hazard" (2) The "personal Injury" for which coverage Is Such person or organlzatioh does not gUolify ae squght arises out of an o{'fenss committed, an additional insured for"bodily Injury', "p'ropeYty after you have 66tered into that "contract or damage" or "personal Injury"for Which that per- agreement requiring insurance", But this Insur- son or orpanlzation has assumed liability Ina con- ance sflll Is excess over valid and collectible other trot or agreement Insurance,whether prlmPry,excess,contingent or The lnsurance prVlded to such additional Inured on any other basis,that is evellapls to the Insured Is I1m1ted as follows: when the Insured Is an additional insured under d. This Insurance does not apply on any basis to any othah lnsUtsnte. any person or organization for which Spyer, C• The following is,added to paragraph 8. 7rprtsfer age as an additional Insured specifically Is Of RIghts Of Rsbovery Against Othgro To its added by another endgrjement to this Cover- In COMMERCIAL GENERAL LIABILITY CON. age Part, DITIONS(Section MI e. This inpurance does hot opply to the render- We waivp any rights ef recovgry,we may have Ing of or failure to render any "professipnal against arly person or' organizatiop beceuse of services", payments we make-for "bodily Injury', "property f, The limits of Insurance afforded to the addl- damage" or"personal Injury" arising out of"your tlonal insured shall be the limits which you work"performed by you, or on your behalf, under agreed in that"contract or agreement requlr- a"contrgct or agregrnept requiring Insurance"with ing Insurance" to provide for that additional that person or organization, We waive these Insured, or the limits shown in the Declare- rights only where ygu have ogroad to do so as lions for this Coverage Part, whichever are part of the"contract ar agreement rbtt dnq Insur- less.This eridor'sement dohs not Increase the once" with such person or ofoanlzation entered I limits of instlrancb stated In the LIMITS OF Into by you before,and In effect when,the"bodily Ce D3 8109 07 02007 The Trevelere compedes Ina Page 1 of 2 Indudoe iN copyrighted material of Insurance Services Omce,IrSa,with its permisol= COMMERICAL GENERAL LIABILITY Injury"or"properly Damage° occurs, ur the "per- arage Part, provided that the "bodily IrJurf and sonal Injury.*offense Is pommitted, "propprty demage"occurs, and the °personal in- D. The fallowing delnition Is added to DEFINMONS jury"Is caused by an offense committed: (Section V): a. After you have entered Into that contract or "Contract or agreemeht requiring Insurance" agreement; rheans that part df brty contmct or agreement un• b. VMIs that part of the contract or agreement Is dWwhioh you are required to include a person or In effect,and organization as an additional Insureg on this Gov- c. Before the end of the policy period: r Page 2 of 2 o 2o07 The 7Yave[ers CompWak[nix CQ D3 8100 07 Indudes the copydghted material of[naurence Services drdce,Ina,valh Its permission. Polioy No. UP7B960268 QMBRELLA THIS ENDORSEMENT GHANG�S THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF-OUR RIGHT TO RECOVER FROM OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY(UMBRELLA)INSURANC8 The fpllgvAng Is added to Paragraph Ii.,1Q11R ftIdNT a. 'Bodily injur(or"pro ett damagb"caused by an TQ RECOVER FROM QTHERS„ of SECTION IV— "occuirentethat takds plate;or CONDITIONS.; b. "Personal fury"or l`advahtstnq injury"Caut0_o by If the insureli has agrded In a 4ontrggt or agreerRent an"offense that is.dommitted; to wave t{ t Nsured's rfgitt 9t recovery agilw any subsequent to the exe;utlon of the contract or agree- person or organization,we waive our right of recovery ment against such person or organization, but only for payments we make because of: E UM 04 88 07 08 02008ThsTrA pIgrb CompMles,Ino. Page i of 1 lndudee the oap09hW matedd of tneam=beMon office,Ina with Its perWWonn i 1 Policy No SA713941924 COMMERCIAL AUTO THIS)ENDOMEWNT CHANCIM THE POLICY.PLEASE MAD I r CAREPULI.Y. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modlfles Insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modl- fled by the endorsement. G3 NERAL DESCRIPTION OF COVERALL»This endorsement broadens coverage.However,coverage for any Injury,damage or medtoal expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage-is excluded or limited by such an endorsement.The following listing Is a general cover- ; age description only.limitations and exclusions may apply to these coverages,heed all the provisions of this en- dorsement and the restof your policy caraluily to determine rights,dt ies,and what is and is not bovered. A. ixAmiCiwTAU ivom INSURED H. AUDIO, VISUAL. AND DATA ELECTRONIC 13. EMPLOY99 HIRED AUTO EQUIPMENT-INCREASED LIMIT C. EMPL.OlYE98 AS INSURED 1. WAIVER OF DEDUCTIBLE"%GLASS D. SUPPLEMENTARY PAYMENTS-INCREASED J. PERSONAL.EPPECTS { LIMITS K.-AIRBAGS R. TRAILERS Y-INCREASED LOAD CAPACITY L. AUTO LOAN LBASS GAP ' P, 1-1146 AUTO PHYSICAL.DAMAGE M. HLANMT WAIVER OF SUBROGATION G. PHYSICAL DAMAGE TRANSPORTATION EXPEN$IM•-INCREASED LIMIT A. BL.ANKE't'ADDITIONAL INSURED performing duties related to the conduct of. The following is added to Paragraph AA.,Who Is Your business. An Insured, of SECTION It-•LIABILITY COV 2. The fbilowIng replaces Paraggrraaph 6.In 13.5, ERAGE: Other Insurance, of SECT ON IV-• BUS1- Any person or organization who is required under NESS AUTO CONDITIONS., a written contract or agreement between you and b. For Hired Auto Physical Damage Cover• that person or organization, that is.signed and age,the following are deemed to be cov executed by you before the "bodily In]ury" ar ered"autce"you own: ' "prop" damage occurs and that Is in effect (I) Any covered "auto" you iAase, titre, during the policy period,to be named as an adds• rent or borrow;and „ t1orY0t lhadred Is art"Insured".1hr Lability Cover- gibe,but only for damages to.which.thls insurance (2) Any covered"auto"hired or rented by a}ipileW and only to the ektent'that portion or or Your"employee"under a contract in ganixal, qualifies as an"'Insu " red" under the that individual employes naino, Vtfho laAn Insured provision contained In Section with your permission,while potform• lit Ing duties rotated to the oonduat of 6. EMPLOYEE HIRED AUTO your business. 1. The following is added to Paragraph A.1., -' However,arty"auto'that Is leased,hired, Who to An Insured, of SECTION 11 -- LI- rented or Harrowed with a driver is net a '.. ABILITY COVERAGE: covered 'auto. EMPL01ft:1"S AS An'emptoyes'of yours to an"Insured'white 0. operating a covered "auto" hired or rented The fallowing is added to Paragraph Aa.,Who Is "r under a contract or agreement In (hat"am- An insured, of SECTION 11 LIABILITY COV- I ployWW name, with your permission, while ERASE* • I CA T4 20 0710 0 2010 The Travetete Indemnity Company.Ati ttphts reserved. Page 1 of a I lncludae oopydghled matedai otlnaurenta ass tltflce,ins with tie perm(sdon. ; • 1 � COMMERCIAL AUTO 33 +, Any"employee"of yours Is an"Insured"while us- (3) if a repair or replacement results In better „�; Ing a covered"auto"you don't own,hire or borrow than like kind or quallty,we will not pay for the In your business or your personal affairs, amount of betterment D. SUPPLEMENTARY PAYMENTS—INCREASED (4) A deductible equal to the highest Physical LIMITS Damage deductible applicable to any owned f. The following replaces Paragraph A.2.a.(2)of covered"auto". SECTION Ii UA131UTY COVERAGE. (6) This Coverage Extension does not apply to; (2) Up to$3,000 for cost of ball bonds(in- (a) Any•"auto° that is hired, rented or bor- oluding bonds for related traffic law viola- rowed with a driver,or Lions) required because of an °aooldent" (b)Any "auto" that is hired, rented or bor- we cover. We do not have to furnish rowed from your"employee", these bonds. Q. PHYSICAL DAMAGE — TRANSPORTATION 2. The following replaces Paragraph A2.a.(4)of EXPSN898—INCREASED LIMIT SECTION 11—UABILITY COVERAGE: The following replaces the first sentence In Pam. (4) All reasonable expenses incurred by the graph AA.a,, Transportation Expenses, of "Insured'at bur request,including actual SECTION IiI — PHYSICAL:DAMAGE COVER- lose of earnings up to $500 a day be- AGE; cause of time off from work. We will pay up to$80 per day to a maximum of E. TRAILERS-INCRRASED LOAD CAPACITY $1,600 for temporary transportation expense In- The following replooes Paragraph 0.1. of SEC- ourred by you because of the total theft of a cov- TION I—COVERED AUTOS: ered"auto of the private passenger type, 4. 'Trailers" with a food capacity of 3,000 H. AUDIO, VISUAL AND DATA ELECTRONIC t. pounds or less designed primarily for travel EQUIPMENT—INCREASED LIMIT on public roads, IParagraph C.2.. Limit Of insurance, of SEC- F. JIiRFD AUTO PHYSICAAL DAMAGE• • TION Iil•-PHYSICAL.DAMAGE COVERAG9 Is Too following Is added to Paraggraph AA.,Cover. deleted. .9Q.bctenslons, of B907101 '111 PAY81GAL .L WAIVER OF DEDUCTIBLE—GLAOS bA1 K09 COVIERAW, The following Is added to Paragraph D.,Deductl- EQrgd Auto Physical Damage•Coderage ble, of SECTION Ill -- PHYSICAL DAMAGE If hlred"autos" are covered "autoa"for Liability COVERAGE: Coverage but not covered "autos" for Physical No deductible for a covered "auto" will apply to Damage Coverage,and this polloy also provides glass damage if the glass Is repaired rather than Physical Damage Coverage for an owned"auto", replaced, than the Physical Damage Coverage is extended J, PERSONAL.EFFECTS s• to"autos"that you hire,rent or borrow sub)eot to i the following: The following is added to Paragraph AA.,Cover. 1 the most'We will pay for"toss" in any one age Extensions, of SECTION Ill—PHYSICAL. ( ) DAMAGE COVERAGE, "accident" to a hired, rented or borrowed Personal Effects Coverage "auto"Is the lesser of; (a) $60,000; We wla pay up to$400 for"lose"to wearing ap-• j (b) The actual cash valu$of the damaged or paret and other personal effects which are: stolen property as of the time of the (1) Owned by an Insured";and "loss";or (2) in or on your covered"auto", (a) The cost of repairing•or repiaoing the This Coverage only applies In the event or a total damaged or stolen props r�yy with other theft of your covered"auto". property of like kind and quay, No deductibles apply to Personal Effects cover- ; I,• (2) Att adjustment for depreciation and physical age. condl on will be mado'In daterminln actual .•dagh value In the event of a•total"loss. Page 2 of 3 02010 The Travelers Wamnity Compparw.Al fights reserved. CA T4 20 07'i 0 tnotudeeaapyrtghtedmatedetofIravranoeBowlesoffloo,no.withitepsrmtssfon, I COMMERCIAL.AUTO K. AIRBAGS (2) Any: The following is added to Para ggrraapph 8.3., Exclu- (a) Overdue lease or loan payments at the slonsr of 890TION III- PHYSCCAi.DAMAGE time of the COVERAGE: (b) Mnanclal penalties Imposed under a Exclusion&a,does nqt apply to"lose"to one or lease for excessive use, abnormal wear more airbags in a covered"auto"you own that In- and tear or high mileage; i flats due to a cause other than a cause of"loss" (a) Security deposile not returned by kie fee. set forth in Paragraphs A.'I,b, and A.1.o., but sor,- only' (d) Costs for extended warranties,Credit l ffe I a. if that"auto"Is a covered"auto"for Compre- Insurance, Health, Accident or Disability henslve Coverage underthls poiloy; Insurance purchased with the loan or I aw, b. The airbags are not covered under any war- lease;and rant,;and (a) carry-over balances from previous loans I c. The airbags were not Intentionally Inflated. or teases. We will pay up to a maximum,of$1,000 for any M. BLANKET WAIVER OF SUBROGATION one°foss". The following replaces Paragraph A.B.,Transfer L AUTO LOAN LEASE GAP Of Rights Of Recovery Against'Others To Us# The following Is added to Paragraph A.4.,Cover- of SECTION IV - BUSINESS AUTO CONDI- age Extensions, of SECTION M —PHYSICAL TIONS: DAMAGE COVERAGE: 5. Transfer Of Rights Of Recovery Agalnst Auto.Loan Lease Gap Coverage for Private Others To Us I •Passenger Type Vehicles We waive any right of recovery we may have In the event of a total"loss"to a covered"auto"of agalnet any person or organization to the ex- the private passenger type shown In the Schedule tent required of you by a written contmot exe- or Declarations for which Physical Damage Cov- cuted prior to any "accident" or"loss°, pro- erage Is provided,we wit)pay doy unpaid amount vided 1hattht3 accident"or lose arises out of due on the tease or loan for such covered"auto" the operations contemplated by such onn- lose the following: tract,The waiver applies only to the parson or ; (1) The amount paid under the Physldal Damage organization designated to such contract. boverage Sectlon of the policy for that"auto°; and 1 r•' ' , CA T4 20 0710 020iq The Twelere indemnity company.M rota reserved. Page 3 of 3 includes copyrighted material of Insurance,Bsrvloae o81o%in&with Its pemsisdon. ' i CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. i I, the undersigned, a duly represented agent of PACE Engineers, Inc. Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as S. 22$ "" St. UPRR Cradg Separation that was entered into on the Aoril 13. 2017 (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: t�1 For: W Title: _ "SJ Date: LL "pi ` g EEO COMPLIANCE DOCUMENTS - I