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HomeMy WebLinkAboutPW17-512 - Original - PACE Engineers, Inc - Contract - 11/22/17 " 1� J��0�✓/r u � ,ils ril/o/J!//1/i ,rr ' ' � � �, Records �U 'WASH I Document enrory ' i c 4/i/irr r ZP` X''%/f/�c� "'�iir/ 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 Number Contract Number: P �) 0 A 2_ This is assigned by City Clerk's Office Project Name: On-call Hydraulic Modeling Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 11/22/17 Termination Date: 12/31/18 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Joe Araucto Department: PW Operations Contract Amount: $15,000.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail. (i.e. address, location, parcel number, tax id, etc.): Provide on-call hydraulic modeling for various projects for 2018. As of: 08/27/14 °"�*—�"iP�K E N T 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 provide on-call hydraulc modeling for various projects for 2018. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. ___.... ._. _m ....-......_ -m _m.__ ---- _.... Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2018. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Fifteen Thousand Dollars ($15,000.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) 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. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) IINSURAN E, 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. Re solution of Disputgs..and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) 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; pr vi ed, 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. A.ssi ,nment. 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. Com liance 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. Qty 6ujs ness Lieense 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. 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 ENT: y: y, .' c Sr Pl Print Name: 'I. Ca Print Name: Timothy J. LaPorte, P.E, Its _ t- at/ rnJ Its: Publi Works Director (r tie) --y DATE: 1, of DATE: _". 5 2 L% NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: William Reynolds Timothy J. LaPorte, P.E. PACE Engineers, Inc. City of Kent 11255 Kirkland Way, Suite 300 220 Fourth Avenue South Kirkland, WA 98033-6715 Kent, WA 98032 (425) 827-2014 (telephone) (253) 856-5500 (telephone) (425) 827-5043 (facsimile) (253) 856-6500 (facsimile) PACE-On-Call H,dr,uk 14odOl ,3/Arauc[o 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. I have read the attached City of Kent administrative policy number 1.2. 2, During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3, During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4,. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing bel w, I agree to fulfill the five requirements referenced above. By For: rp/' Title: r_. PN1t' avc" Y Date: fO#C—)Z �� 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 - Brginuets I PIdMEnS Surveyors (OPACib An Hn4)Ineetln0`r'anlraz Gnmpuny PROFESSIONAL ON-CALL SERVICES AUTHORIZATION TO: Mr. Joseph Araucto DATE: November 14, 2017 City of Kent— Public Works Operations 5821 South 240th Street PROPOSAL M P17-243 Kent, Washington 98032 FROM: Bill Reynolds, Principal Engineer PROJECT: 2018 On-Call Hydraulic Modeling SUBJECT: Hydraulic modeling to determine the available fire flow for various small projects This notification and authorization is intended to advise and confirm that a request for services has been made. The subject contract incorporates the following: I. Scope of Services Services will consist of running simulations on the City's water system hydraulic model, currently in Bentley WaterGEMS format, to provide various predicted performance of the existing system and/or proposed improvements or modifications. Specific assignments will be requested by the City to PACE on an as-needed basis. If requested by the City, Task Orders may be prepared by PACE for specific assignments with detailed project descriptions and fee estimates. II. Schedule Time of performance will be determined upon description of each Task Order, based on extent of services. On-call services will commence upon authorization of this agreement and expire on December 31, 2018, III. Fee Services will be performed on a time-and-expense basis and itemized for each unique project or development on the monthly invoices. The total limit for services of the combined Task Orders under this authorization is $ 15,000.00. Client agrees to pay PACE for the above services on the basis of hourly labor rates plus reimbursable expenses per the attached PACE 2017 Standard Hourly Rates for service provided through December 31, 2017. Services performed in 2018 will be based on our 2018 Rate Schedule, a copy of which will be provided for City review as soon as available. It is understood that, should PACE approach the upper limit of the previously authorized fee, an increase to account for these services will be needed. PACE Engineer:,,Ino. 1'1255 Klrkl2nd Way I Quite 3U9 Kirkland Wa,hingtrin 9033-C715 p 425 F2�2014 I t 425 821 5043 www.pzceengre c- n WASHINGTON 2017 MUNICIPAL (ENGINEER OF RECORD) xn ewraMm c»,un,s. ,wv HOURLY RATE SCHEDULE Enan: is Plmlr •i, �n n7:yars I Effective January 1, 2017 DESCRIPTION HOURLY RATE 1. Office Tech I, Expediter 1 $ 45.00 2. Office Tech 11, Expediter II $ 55.00 3. Office Tech III, Intern, Jr, CAD Technician, Jr. Inspector, Engineer Tech $ 65,00 4. GPS Assistant, Jr. Planner, CAD Technician, Sr. Office Tech, Inspector, Designer, Engineer Tech I, Survey Tech 1 $ 80.00 5. Jr. Engineer, Designer I, Inspector 1, CAD Technician I, Survey Tech 11, GIS Tech, Project Administrator, Planner $ 95.00 6. Engineer I, Planner I, GIS Analyst 1, Designer II, CAD Technician 11, Inspector 11, Survey Tech III $ 105.00 7. Engineer II, Planner II, GIS Analyst 11, Designer III, CAD Technician III, Inspector III, Survey Tech IV $ 115.00 8. Engineer III, Project Designer, Planner 111, GIS Analyst 111, Sr. Survey Tech, Sr. CAD Technician, Sr. Inspector $ 127,00 9. Sr. Engineer, Project Designer I, Sr. Planner, Project Surveyor, Robotic & Operator, Project CAD Technician, Sr. GIS Analyst, Sr. Project Inspector $ 140,00 10. Project Engineer, Project Designer 11, Project Planner, Sr. Project Surveyor, Sr. Project GIS Analyst, GIS/CAD Manager, Structural Engineer $ 150.00 11. Sr. Project Engineer, Sr. Structural Engineer, Sr. Project Designer, Sr. Project Planner, Survey Project Manager, GPS & Operator, IT Manager $ 160.00 12, Project Manager, Principal Surveyor, Planning Project Manager $ 170.00 13, Sr. Project Manager, Sr. Principal Surveyor, 3D Scanning & Operator, Two-Person Crew $ 180.00 14, Principal Engineer, Principal Planner, Sr. Two-Person Crew $ 195.00 15, Senior Principal Engineer, Senior Principal Planner $ 210.00 REIMBURSABLES A. Subconsultants, Professional and Technical Cost+ 15% B. Maps, reports, materials, permit fees, express delivery and messenger, pass-through bills, and similar items necessary for work in progress Cost + 15% C. Technology expenses associated with computers, software, electronic distance treasuring devices, telephone, cell phone, photo copies, standard survey supplies N/A and transportation and standard postage will be invoiced as a Technology Charge D. Out-of-Town travel per diem and cost of commercial transportation Cost+ 10% F, Transportation within 30 Mile Radius " No Charge Transportation beyond 30 Mile Radius—Automobile $ 0.60 per mile On job inspection mileage will be billed $ 0,60 per mile F. Special Equipment/Software Special Software for Modeling/Analysis $ 10/hour Large Format Blueprints and Reproduction—Bond $0.60/sq foot Large Format Blueprints and Reproduction—Mylar $ 1.60/sq foot Color Copies— In-house (8'/2 x 11) $ 0 25/page G. Expert Witness Rate x 1.5 Notes: 1 All payment is due within 30 days from date of invoice. 2 The foregoing schedule of charges is incorporated into the agreement for the services provided effective January 1, 2017. After December 31, 2017, invoices will reflect the schedule of charges in effect at that time. 3 PACE's rates include professional liability insurance coverage for claims up to $2 million. Clients can purchase additional coverage for cost and upfront payment of$5,000 per additional$1 million of insurance up to a maximum of$5 million. PACE Engineers,Inc 11255 Kirkland Way I Snite 300 Kirkland,Washington 980.93-6715 p 425.8272014 1 f 425,827,5043 wvrw.Paceengrs com 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. Agtomobile L_ab ity 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, prod ucts-coimpleted operations, personal injury and advertising injury, and liability assumed under an insured contract, The City shall pe named as an Insured under the Consultant's Comme'rclal 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' Comoensat on coverage as required by the Industrial Insurance laws of the State of Washington, 4. ofe sionai Liability insurance appropriate to the Consultant's profession, B, Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. AutoMobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. ProfessiortLal Liabilit_y insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance, The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Ate' CERTIFICATE OF LIABILITY INSURANCE °ATE'MMI°°" ' Yy,.,,-,� a/27I --'Fv$ CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS RTHEICATE DOES NOT AFFIRMATIVELY OR NEGA71VELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES _FLOW. 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 pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER O NT IT Allison Andrus Hall & Company ")NHpNE ___-- IFAX Hall& Company .IAIG.NRE,W" 360: 26 2007 Ltao NmI,,360 598 3703 E.MpaI --.._ ____..m., . ..._.. 19660 10th Ave NE DdnE.sa aandrusa5hallandcompany COST POulsbo WA 98370 INSURERI51 AFFORDING COVERAGE NAIC p INSURERA:Atlantic Specialty Insurance Cori 27154 - ................. .....,,,,,,. . . .... _............ . ..w_......._.. _.._ ......_.1". ---- INSURED 42 INSURER B:The Travelers Indemnity Comoanv 25658 PACE Engineers Inc INSURER. Travelers Prcoertv Casualtv Comoanv 25674 11255 Kirkland Way " _ '""" ' -- . . _-- �- Suite 300 INsueERo __- Kirkland WA 98033 !NSURER E INSURER F COVERAGES CERTIFICATE NUMBER:525640192 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 AITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS R.;.,. .. .P ...... .......ADDLISUBR� .._. ..... ........ _..,." ."POLICY EFK.. PO(t".ICV Y"l LTR TYPE OF INSURANCE lycn wvn POLICY NUMBER rypM�ppyyT.yy MMlppryyyY LIMITS C X COMMERCIAL GENERAL LIABILITY 6609H607128 4/27/2017 4/2712UJ8 EACH OCCURRENCE $2.000.000 CLAIMS MADE X.,V OCCUR E Yb kE rri D PRFMIS pR!MISFC(F� ancet _ $300 000 X XCL1fOCPB F PIT MED EXP(Anv one Person) $5,000 ' X fwsllagllft)! PERSONAL&ADV INJURY $2000000 Gi AGORSOATF LIMITAPPLIES PER GENERAL AGGREGATE $4.000,000 PRO .... POLICY� X "JECT { ..... LOC PRODUCTS COMP OP AGG $4 000 000 OTHER AUTOMOBILE LIABILITY BA7B941924 4/27/2017 4/27/2018 W�ta�"SIR $ ,,.......... ,QDna aCCVdonlf 1 000 000... X ANY AUTO BODILY INJURY(Per porsm) S ALL OWNED i ....SCHEDULED _ -- _ AUTOS AUTOS BODILY INJURY(Par..,dent) $ ... NDN-OWNED rVeipIEhYYDAMACIE ..,".._ ."" HIRED AUTOS AUTOS (Per.ccltlenl) $ B X UMBRELLA LIAB X I OCCUR CUP7B960268 4/27/2017 4/27/2018 EACH OCCURRENCE $3,D00,000 EXCESS LIAB GLAIMS MADE AGGREGATE $3,000,000 DFn X RETFNTIONS10000 C WORKERS COMPENSATION 6809H607128 4/27/2017 V27718 sri�n rrP X OEH' WA Stop Gap AND EMPLOYERS'LIABILITY Y/N - .,......_.:_... .. .._ ANY PROPRIETORIPARTNEWEXECUTIVE NIA EL EACH ACCIDENT S1000000 OFFICERIMEMBER EXCLUDED9 — ...—.— [.11.000 (MandatorylnNHl EL DISEASE-EA EMPLOYEE $1000000 Irns descnbeundernFCPRIPTIQN QF')PERATIQrL5 hcmw EL DISEASE-POLICY LIMIT000 A Professional Liab Claims Made DPL671817 C2712017 4127/2018 $2,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD far,Additional Remarks Schedule,maybe attached If mom space Is required) Certificate Holder(s) is/are 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 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. Project/Job Name: Green River Natural Resources Area Pump Station CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 400 West GOwe ACCORDANCE WITH THE POLICY PROVISIONS. Kent WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Policy Number:6809H607128 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS h. This insurance does not apply to "bodily AN INSURED: injury" or "property damage" caused by "your Any person or organization that you agree in a work" and included in the "products- "written contract requiring insurance" to include as completed operations hazard" unless the an additional insured on this Coverage Part, but: "written contract requiring insurance" specifically requires you to provide such a. Only with respect to liability for "bodily injury", coverage for that additional insured. and then "property damage" or "personal injury"; and the insurance provided to the additional b. If, and only to the extent that, the Injury or insured applies only to such "bodily injury" or damage is caused by acts or omissions of "property damage" that occurs before the end you or your subcontractor in the performance of the period of time for which the "written Of "your work" to which the "written contract contract requiring insurance" requires you to requiring insurance" applies, or in connection provide such coverage or the end of the with premises owned by or rented to you, policy period, whichever is earlier. The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of additional insured: SECTION IV — COMMERCIAL GENERAL c. With respect to the independent acts or LIABILITY CONDITIONS: omissions of such person or organization: or The insurance provided to the additional insured d. For "bodily injury". "property damage" or is excess over any valid and collectible other "personal injury" for which such person or insurance. whether primary, excess, contingent or organization has assumed liability in a on any other basis, that is available to the contract or agreement. additional insured for a loss we cover. However, if you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part e. This insurance does not apply on any basis to must apply on a primary basis or a primary and non-contributory basis, this insurance Is primary any person or organization for which to other insurance available to the additional coverage as an additional insured specifically insured which covers that person or organizations is added by another endorsement to this as a named Insured for such loss, and we will not Coverage Part, share with the other insurance, provided that f. This insurance does not apply to the rendering of or failure to render any (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and "professional services". g. In the event that the Limits of Insurance of the (2) The "personal injury" for which coverage is Coverage Part shown in the Declarations sought arises out of an offense committed; exceed the limits of liability required by the after you have signed that 'Written contract 'Written contract requiring insurance", the requiring insurance", But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary. by that "written contract requiring insurance", excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III — person or organization is an additional insured Limits Of Insurance. under any other insurance. CIS D3 81 09 15 (02015 The Tiavalors Indemuty Company,All tights reserved. Page 1 of 2 Includes the copyeiglved inalarol of Insurance Services Office,Inc-with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer 4. The following definition is added to the Of Rights Of Recovery Against Others To Us, DEFINITIONS Section: of SECTION IV — COMMERCIAL GENERAL "Written contract requiring insurance" means that LIABILITY CONDITIONS: part of any written contract under which you are We waive any right of recovery we may have required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, payments we make for "bodily injury", "property provided that the "bodily injuq/' and "property damage" or "personal injury" arising out of "your damage" occurs and the "personal injury" is work" performed by you, or on your behalf, done caused by an offense committed: under a "written contract requiring insurance" with that person or organization. We waive this right a. After you have signed that written contract; only where you have agreed to do so as part of Id. While that part of the written contract is in the "written contract requiring insurance" with effect: and such person or organization signed by you before, and in effect when, the "bodily injury" or c. Before the end of the policy period. "property damage" occurs, or the "personal injury" offense is committed. Page 2 of 2 ®2015 The Travelers Indemnity Company.All rights reserved. CG D3 81 09 15 Includes the copyrighted materiel of Insurance Services Office,Inc.,with its permimlon Policy Number: BA76941924 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT—INCREASED LIMIT C. EMPLOYEES AS INSURED 1. WAIVER OF DEDUCTIBLE —GLASS D. SUPPLEMENTARY PAYMENTS — INCREASED J, PERSONAL PROPERTY LIMITS K. AIRBAGS E. TRAILERS—INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1., Who Is your business. An Insured, of SECTION II —COVERED AUTOS 2. The following replaces Paragraph b. in B.5., LIABILITY COVERAGE: Other Insurance, of SECTION IV — BUSI- Any person or organization who is required under NESS AUTO CONDITIONS: a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be cov- executed by you before the "bodily injury" or ered "autos" you own: "property damage" occurs and that is in effect during the policy period, to be named as an addi- (1) Any covered "auto" you lease, hire, rent or borrow; and tlonal Insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which (2) Any covered 'auto" hired or rented by this insurance applies and only to the extent that your "employee" under a contract in person or organization qualifies as an "insured" an "employee's" name, with your under the Who Is An Insured provision contained permission, while performing duties in Section II. related to the conduct of your busl- B. EMPLOYEE HIRED AUTO ness. 1. The following is added to Paragraph A.1., However, any "auto" that is leased, hired, Who Is An insured, of SECTION 11 — COV• rented or borrowed with a driver is not a ERED AUTOS LIABILITY COVERAGE: covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION II — COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 ©2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services office, Inc.with Its permission,. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- (2) An adjustment for depreciation and physical ing a covered "auto" you don't own, hire or borrow condition will be made in determining actual in your business or your personal affairs. cash value in the event of a total"loss". D. SUPPLEMENTARY PAYMENTS — INCREASED (3) If a repair or replacement results in better LIMITS than like kind or quality, we will not pay for the 1. The following replaces Paragraph A.2.a.(2) of amount of betterment. SECTION II —COVERED AUTOS LIABILITY (4) A deductible equal to the highest Physical COVERAGE: Damage deductible applicable to any owned (2) Up to $3,000 for cost of bail bonds (in- covered "auto". cluding bonds for related traffic law viola- (5) This Coverage Extension does not apply to: tions) required because of an "accident" (a) Any "auto" that is hired, rented or bor- we cover. We do not have to furnish rowed with a driver; or these bonds. 2. The following replaces Paragraph A.2.a.(4) of (b) Any "auto" that is hired, rented or bor- rowedSECTION 11 —COVERED AUTOS LIABILITY from your"employee". COVERAGE: G. PHYSICAL DAMAGE — TRANSPORTATION (4) All reasonable expenses incurred by the EXPENSES— INCREASED LIMIT "insured" at our request, including actual The following replaces the first sentence in Para- loss of earnings up to $500 a day be- graph AA.a., Transportation Expenses, of cause of time off from work. SECTION III — PHYSICAL DAMAGE COVER- E. TRAILERS—INCREASED LOAD CAPACITY AGE: We will pay up to $50 per day to a maximum of The following replaces Paragraph C.1. of SEC- The I—COVERED AUTOS: $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- 1. "Trailers" with a load capacity of 3,000 ered "auto" of the private passenger type. pounds or less designed primarily for travel H. AUDIO, VISUAL AND DATA ELECTRONIC on public roads. EQUIPMENT—INCREASED LIMIT F. HIRED AUTO PHYSICAL DAMAGE Paragraph C.1.b. of SECTION III — PHYSICAL The following is added to Paragraph AA., Cover- DAMAGE COVERAGE is deleted. age Extensions, of SECTION III — PHYSICAL I. WAIVER OF DEDUCTIBLE —GLASS DAMAGE COVERAGE: The following Hired Auto Physical Damage Coverage ble. of SEC added to Paragraph TION IIII PHYSIC L A DAMAGE If hired "autos" are covered "autos" for Covered COVERAGE: Autos Liability Coverage but not covered "autos" No deductible for a covered "auto" will apply to for Physical Damage Coverage, and this policy glass damage if the glass is repaired rather than also provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage Cover- J. PERSONAL PROPERTY age is extended to "autos" that you hire, rent or The following is added to Paragraph AA., Cover- borrow subject to the following: age Extensions, of SECTION III — PHYSICAL (1) The most we will pay for "loss" to any one DAMAGE COVERAGE: "auto" that you hire, rent or borrow is the Personal Property Coverage lesser of: We will pay up to $400 for "loss" to wearing ap- (a) $50,000; parel and other personal property which is: (b) The actual cash value of the damaged or (1) Owned by an "insured"; and stolen property as of the time of the (2) In or on your covered "auto". "loss"; or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered "auto". damaged or stolen property with other No deductibles apply to Personal Property cover- property of like kind and quality. age. Page 2 of 3 r9 2015 The Travelers Indemnity Company All rights reserved. CA T4 20 02 15 Includes copyrighted inalerial of Insurance Services Office, Inc. with its permission, COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph 5.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III — PHYSICAL DAMAGE time of the "loss"; COVERAGE: (b) Financial penalties imposed under a Exclusion 3.a, does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered "auto" you own that in- and tear or high mileage; flate due to a cause other than a cause of 'loss" set forth in Paragraphs A.1.b. and A.1.c., but (c) Security deposits not returned by the les- only: sor; a. If that "auto" is a covered "auto" for Compre- (d) Costs for extended warranties, Credit Life hensive Coverage under this policy; Insurance, Health, Accident or Disability b. The airbags are not covered under any war- Insurance purchased with the loan or lease; and ranty; and c. The airbags were not intentionally inflated. (e) Carry-over balances from previous loans or leases. We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATION one"loss". L. AUTO LOAN LEASE GAP The following replaces Paragraph A.5., Transfer The following is added to Paragraph AA., Cover• Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL TIONS: DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private 5. Transfer Of Rights Of Recovery Against Others To Us Passenger Type Vehicles In the event of a total "loss"to a covered "auto" of We waive any right of recovery we may have the private passenger type shown in the Schedule against any person or organization to the ex- or Declarations for which Physical Damage Cov- tent required of you by a written contract exe- erage is provided, we will pay any unpaid amount cuted prior to any "accident" or 'loss", pro- due on the lease or loan for such covered "auto" vided that the "accident' or"loss" arises out of less the following: the operations contemplated by such con- (1) The amount paid under the Physical Damage tract. The waiver applies only to the person or Coverage Section of the policy for that "auto"; organization designated in such contract. and CA T4 20 02 15 V 2015 The Travelers Indemnity Company, All rights reserved. Page 3 of 3 Includes copyrighted malarial of Insurance Services Office, Inc.with Its permission. Policy Number: CUP7B960268 UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE The following is added to Paragraph 11., OUR RIGHT a. "Bodily injury" or"property damage" caused by an TO RECOVER FROM OTHERS., of SECTION IV — "occurrence" that takes place; or CONDITIONS.: I "Personal injury" or "advertising injury" caused by If the insured has agreed in a contract or agreement an "offense" that is committed: to waive that insured's right of recovery against any subsequent to the execution of the contract or agree- person or organization, we waive our right of recovery ment. against such person or organization, but only for payments we make because of: UM 04 88 07 08 ®200B The Travelers Companies, Inc. Page 1 of 1 Includes the copyrighted material of Insurance Services oflice, Inc.with Its permis9bn.