HomeMy WebLinkAboutPW18-088 - Original - KBA, Inc. - Development Services Construction Representative - 03/06/2018 K c (13% r s M al;
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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: KBA, Inc.
Vendor Number:
JD Edwards Number
Contract Number: I
This is assigned by City Clerk's Office
Project Name: Development Services Construction Representative
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment x Contract
El Other:
)SINS
Contract Effective Date: Date of the Mayor's signature Termination Date: 5/4/18
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Eric Connor Department: Engineering
Contract Amount: $48,175.00
Approval Authority: ❑ Department Director X Mayor E City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Provide a representative to provide construction management services for March and
._......... w ........... . ..
April, 2018.
As of: 08/27/14
•
KENT
WASHINQTQI
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
KBA, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and KBA, Inc. organized under the laws of the State of Washington, located and
doing business at 11201 SE 8th St., Suite 160, Bellevue, WA 98004-6455, Phone: (425) 455-9720,
Contact: Sam Schuyler (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 continue to provide a Development Services Construction
Representative through March and April, 2018. 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 May 4, 2018.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Forty Eight Thousand, One Hundred Seventy Five Dollars ($48,175.00), for the services
described in this Agreement. This is the maximum amount to be paid under this Agreement
for the work described in Section I above, and shall not be exceeded without the prior
written authorization of the City in the form of a negotiated and executed amendment to
this agreement. The Consultant agrees that the hourly or flat rate charged by it for its
services contracted for herein shall remain locked at the negotiated rate(s) for a period of
one (1) year from the effective date of this Agreement. The Consultant's billing rates shall
be as delineated in Exhibit B.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall
provide payment within forty-five (45) days of receipt of an invoice. If the City objects to
all or any portion of an invoice, it shall notify the Consultant and reserves the option to only
pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
CONSULTANT SERVICES AGREEMENT - 1
(Over$20,000)
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant's services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant's
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant's possession pertaining to this project, which may be used by the City without restriction. If
the City's use of Consultant's records or data is not related to this project, it shall be without liability or
legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates. Consultant
shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with
City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance
Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's 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
(Over$20,000)
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 C attached and incorporated by
this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded
by the Consultant. Consultant shall make such data, documents, and files available to the City upon the
City's request. The 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 Dislutes 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
(Over$20,000)
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
(Over$20,000)
K. Counterparts and._.S.ignatures 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:
(gignature) (signature)
Print Name: Kristen Overleese, PE Print Name: Dana Ralph
Its President Its Mayor
(title)
DATE: 3/1/18 DATE:
...........
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF DENT:
Sam Schuyler Timothy J. LaPorte, P.E.
KBA, Inc. City of Kent
11201 SE 81h St., Suite 160 220 Fourth Avenue South
Bellevue, WA 98004-6455 Kent, WA 98032
(425) 455-9720 (telephone) (253) 856-5500 (telephone)
N/A (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
KBA-De-l.pe.t Rep 3/Como,
CONSULTANT SERVICES AGREEMENT 5
(Over$2 0,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State law's regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. 1 have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
"By: -�� M 6 Kristen Overleese, P.
For: KBA, Inc.
Title: President
Date: 3/1/18
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
KBA, Inc. February 23, 2018
EXHIBIT A
SCOPE OF SERVICES
Construction Management Services
for
Development Services Construction Representative
City of Kent Project No.
KBA, Inc. (Consultant)will provide Construction Management(CM) services to the City of Kent(City)for
the Project known as Development Services Construction Representative. These services will
include field observation and documentation as required during the construction of the developer funded
Projects, as detailed below.
Project Description: Consultant will provide a development services inspector to support City staff.
I. CONSTRUCTION MANAGEMENT SERVICES
A. Consultant Contract Management. Provide overall day-to-day management of the
consultant contract and staff, including:
1. Decide on best modes and frequency of communication with the City. Liaison and coordinate
with the City on a regular basis.
2. Review monthly expenditures and Consultant employee activities. Prepare and submit to the
City monthly, an invoice and progress report describing CM services provided that month.
Deliverables
• Monthly invoices and progress reports
B. Construction Phase Services — Field
1. Observe the technical conduct of the construction, including providing day-to-day contact with
the construction contractor, City, utilities, and other stakeholders, and monitor for adherence
to the City permit requirements and applicable codes. The Consultant will act in accordance
with Sections 1-05.1 and 1-05.2 of the WSDOT/APWA Standard Specifications.
2. Observe material,workmanship, and construction areas for compliance with the City permit
requirements and applicable codes. Advise the City of any non-conforming work observed
during site visits.
3. Prepare Inspector Daily Reports (IDRs), recording the developer's construction contractor's
operations as actually observed by the Consultant.
4. Interpret City permit requirements and applicable codes in coordination with City staff.
5. Evaluate issues that may arise as to the quality and acceptability of material furnished, work
performed, and rate of progress of work performed by the developer's construction
contractor.
6. Attend and actively participate in on-site meetings.
7. Take periodic digital photographs during the course of construction.
8. Punch List. Coordinate with City staff to prepare a'punch list'of items to be completed or
corrected. Coordinate final inspection with the City.
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KBA, Inc. February 23, 2018
Deliverables
• IDRs with Project photos—submitted on a weekly basis
• Punch List
C. Assumptions
1. Budget:
a. Staffing levels are anticipated in accordance with the attached budget estimate.
Consultant services are budgeted for approximately 43 working days between March 1,
2018 and April 30, 2018. Overtime has not been figured into the budget.
b. Consultant will work up to the limitations of the authorized budget. If additional budget is
needed to cover such instances as the following, the City and Consultant will negotiate a
supplement to this Agreement:
i. The developer construction contract runs longer than the time period detailed above.
ii. Any added scope tasks.
iii. The work is anticipated to be performed during daytime hours. Should night work be
necessary,a 15 percent premium for labor will be applied to all night shift hours
worked by Consultant's employee.
c. The budget allocations shown on Exhibit B are itemized to aid in Project tracking
purposes only. The budget may be transferred between people, or between labor and
expenses, provided the total contracted amount is not exceeded without prior
authorization.
d. The budget assumes that the City's standard forms, logs, and processes will be used.
Any customization to meet specialized Client requirements will be Extra Work.
2. Items and Services the City will provide:
a. Meeting arrangements and facilities for meetings, if any. Prepare and distribute meeting
notes, if any.
b. Work space, located in City offices, including:
i. One workstation (desk, chair, and storage)for one staff
ii. conference table and chairs
iii. combination printer/copier/scanner machine with these capabilities: 11x17 size, color
iv. miscellaneous office supplies
v. utilities and sanitary facilities
c. Coordination with and enforcement of utility franchise agreements and/or contracts and
schedules for services related to this inspection work.
d. Verify that the required permits, bonds, and insurance have been obtained and submitted
by the developer's construction contractor. Obtain all permits not required to be provided
by the developer's construction contractor.
3. Scope:
a. Consultant will provide observation services for the days/hours that its' Inspector is on-
site. The Inspector will not be able to observe or report construction activities, or collect
documentation, during the time they are not on-site.
b. The Consultant's monitoring of the construction contractor's activities is to ascertain
whether or not they are performing the work in accordance with the City permit
requirements and applicable codes; in case of noncompliance, Consultant will reject non-
conforming work and advise the City of the non-conforming work. The Consultant cannot
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KBA, Inc. February 23, 2018
guarantee the developer's construction contractor performance, and it is understood that
Consultant shall assume no responsibility for proper construction means, methods,
techniques, Project site safety, safety precautions or programs, or for the failure of any
other entity to perform its work in accordance with laws, contracts, regulations, or City's
expectations.
c. Definitions and Roles. The use of the term"inspect" in relation to Consultant services is
synonymous with"construction observation,"and reference to the"Inspector" role is
synonymous with"Field Representative," and means: performing on-site observations of
the progress and quality of the Work and determining, in general, if the Work is being
performed in conformance with the City permit requirements and applicable codes; and
notifying the City if Work does not conform to the City permit requirements and applicable
codes.
d. Because of the prior use of the Developer's project sites,there is a possibility of the
presence of toxic or hazardous materials. Consultant shall have no responsibility for the
discovery, presence, handling, removal or disposal of toxic or hazardous materials, or for
exposure of persons to toxic or hazardous materials in any form at these sites, including
but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB), or other
toxic substances. If the Consultant suspects the presence of hazardous materials, they
will notify the City immediately for resolution.
e. Consultant is not responsible for any costs, claims or judgments arising from or in any
way connected with errors, omissions, conflicts or ambiguities in the City permit or
applicable codes. The Consultant does not have responsibility for the professional
quality or technical adequacy or accuracy of the design plans or specifications, nor for
their timely completion by others.
f. RCW 4.24.115 is applicable to Consultant's services provided under this Agreement.
g. Services provided by the Consultant under this Agreement will be performed in a manner
consistent with that degree of care and skill ordinarily exercised by members of the same
profession currently practicing under similar circumstances, in the same geographical
area and time period.
h. City agrees that Consultant will not be held liable for the completeness, correctness,
readability, or compatibility of any electronic media submitted to City, after an acceptance
period of 30 days after delivery of the electronic files, because data stored on electronic
media can deteriorate undetected or can be modified without Consultant's knowledge.
i. Consultant will not be liable for any damage to the office premises or utilities provided by
Client, unless caused by Consultant's own negligence.
II. OPTIONAL SERVICES
All services not detailed above, are considered Optional Services, which, along with any other Extra Work
requested by the City,will be performed only when a mutually negotiated Supplement to this Agreement
is executed, specifying scope of services and budget.
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EXHIBIT C
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01. The City shall be named as an
Additional 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.
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, $4,000,000 general
aggregate.
EXHIBIT C (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant's
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the 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.
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Policy 4BA8570X17A
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 11—COVERED AUTOS 2. The following replaces Paragraph b. in B.S.,
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 (1) Any covered "auto" you lease, hire,
during the policy period, to be named as an addi-
tional insured is an "insured" for Covered Autos rent or borrow;and
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 11. related to the conduct of your busi-
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 II —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 "am- An Insured, of SECTION If—COVERED AUTOS
ployee's" name, with your permission, while LIABILITY COVERAGE:
- CA T4 20 02 15 ®2015 The Travelers Indemnity Company.A0 rights reserved Page 1 of 3
Includes copyrighted material of Insurance Services Office.Inc with its permission
COMMERCIAL AUTO
K. AIRBAGS (2) Any:
The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the
sions, of SECTION III — PHYSICAL DAMAGE time of the"loss";
COVERAGE:
(b) Financial penalties imposed under a
Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear
more airbags in a covered "auto" you own that in- and tear or high mileage;
flate due to a cause other than a cause of"loss"
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
ranty;and lease;and
c. The airbags were not intentionally inflated. (a) Carry-over balances from previous loans
or leases.
We will pay up to a maximum of$1,000 for any one"loss". M. BLANKET WAIVER OF SUBROGATION
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
DAMAGE COVERAGE: TIONS:
Auto Loan Lease Gap Coverage for Private 5• Transfer Of Rights Of Recovery Against
Passenger Type Vehicles Others To Us
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 re4uired 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 ®2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 3
Includes copyrighted material of insurance Services Office,Inc.with its permission.
Policy#6800)802318 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 Ca. 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
any person or organization for which non-contributory basis, this insurance is primary
coverage as an additional insured specifically to other insurance available to the additional
is added by another endorsement to this insured which covers that person or organizations
Coverage Part. as a named insured for such loss, and we will not
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
"professional services". which coverage is sought occurs; and
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.
CG D3 8109 15 (02015 The Travelers Indemnity Compary.All rights reserved. Page 1 of 2
Includes the copyr?gnted material 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
LIABILITY CONDITIONS: "Written contract requiring insurance" means that
We waive any right of recovery we may have part of any written contract under which you are
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 injury" and "property
damage" or "personal injury" arising out of "your damage" occurs and the ry
work" performed by you, or on your behalf, done g personal injury" is
under a "written contract requiring insurance"with caused by an offense committed:
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 b. 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.
1 Page 2 of 2 ®2015 The Travelers Indemnity Company.All rights reserved. CG D3 8109 15
includes the copyrighted material of Insurance Services Office,Inc..with its permission
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