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HomeMy WebLinkAboutPW18-255 - Original - Visual Pavement Rating Services, LLC Contract - 06/25/2018 NT Records Management Document CONTRACT COVER SHEET This its to The cornpieted by the Contract Manager prrioir to sullbmiission to the Ciit:y Clerk's Office. Allll portioins are to be completed„ ]If yoa.0 have questions, please contact the City Clerk's Office at 253-856-5725„ Blue/Motion Sheet Attached ® Pink Sheet Attached Vendor Name: Visual Pavement Rating Services, LLC Vendor Number (]DE): Contract Number (City Clerk): Category: Contract Agreement Sub-Category if applicable): Project Name: 2018 Visual Pavement Condition Survey Contract Execution Date: Date of the Mayor's signature Termination Date: 10/31/18 Contract Manager: Joe Araucto Department: PW: Operations Contract Amount: $64,710.00 Approval Authority: ❑ Director ® Mayor ❑ City Council Other Details: Perform a visual pavement surface condition survey. 0 T GOODS & SERVICES AGREEMENT between the City of Kent and Visual Pavement Rating Services, LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Visual Pavement Rating Services, LLC organized under the laws of the State of Washington, located and doing business at 3116 N. Pine Court, Spokane, WA 99205, Phone: (509) 496- 7950, Contact: Rebecca McConnaughey (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall perform a 2018 Visual Pavement Surface Condition Survey. For a description, see the Vendor's Scope of Work which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by October 31, 2018. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Sixty Four Thousand, Seven Hundred Ten Dollars ($64,710.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Vendor shall be paid after execution of agreement and submittal of invoice, GOODS & SERVICES AGREEMENT - 1 (Over$20,000, including WSST) If the City objects to all or any portion of an invoice, it shall notify Vendor 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. A. Iefect,eve ar Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final (Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE, 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: A. The Vendor 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 Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C, The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D, The Vendor 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 Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor 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. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach GOODS & SERVICES AGREEMENT - 2 (Over$20,000, including WSST) agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's 17uty to Complete Protested Vc rk. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. GOODS & SERVICES AGREEMENT - 3 (Over$20,000, including WSST) D. Failure reto Protest Constitutes Wapver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to F IIo V Pr^ ._dUrAs By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor 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. Vendor 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. XI. INDEMNIFICATION. Vendor 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 Vendor'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 Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER SNiDUSTRIAI INSU RANGE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor 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 Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable GOODS & SERVICES AGREEMENT - 4 (Over$20,000, including WSST) attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor 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. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor 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 Vendor's own risk, and Vendor 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. XIV. 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. Resol�f Cis;,utes and Governino 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 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 XI 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 Vendor. G. Entire A reemen . 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. GOODS & SERVICES AGREEMENT - 5 (Over$20,000, including WSST) H. Cgmn{fiance wit aws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public RecD ds Act. The Vendor 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 Vendor 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 Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Reguired. 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. K. Counter arts nd Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constltute 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. _ .............. VENDOR: CITY OF KENT: . ._ ` 4� 4 (dl ii (a {s gnature. DL,a �� Print Name; Dana Raloh By: By Its Print Name: l Its Mawr ............. DATE:_ C/2,q/ acre _ DATE: A4 ' , r NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Rebecca McConnaughey Timothy J. LaPorte, P.E. Visual Pavement Rating Services, LLC City of Kent 3116 N. Pine Court 220 Fourth Avenue South Spokane, WA 99205 Kent, WA 98032 (509) 496-7950 (telephone) (253) 856-5500 (telephone) N/A (facsimile) (253) 856-6500 (facsimile) GOODS&SERVICES AGREEMENT - 6 (Over$20,000, including WSST) APPROVED AS TO FORM: Kent Law Department ATTEST: f Kent City C erk Visual Pavement Rating Sens visual vvmt Survey 2/Arau Ro GOODS & SERVICES AGREEMENT - 7 (Over$20,000, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing ��below, I agree to fulfill the five requirements referenced above. By, G For: ,w tG -- ------ .,._m_ ._ Title: Date: . _L EEO COMPLIANCE DOCUMENTS - 1 of 3 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 of 3 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 of 3 EXHIBIT A VPR Services Rebecca McConnaughey 3116 N Pine Ct Spokane, WA 99205 (509) 496-7950 beccamcco(@hotmail.com VPR Services Owner/Project Manager: Rebecca McConnaughey Team Structure and qualifications: All services will be conducted by Rebecca McConnaughey and seasonal employee. Both Rebecca and seasonal are qualified to both rate and perform QA/QC with other rater. There would not be any sub consultants on this project. Rebecca would do all quality control and quality assurance analysis for project. Education of Rebecca McConnaughey: • Bachelor of Science in Mathematics —Whitworth University 1988-1992 • Bachelor of Arts in Business Management—Whitworth University 1988-1992 References: • Tom Myklebust, Pavement Management Foreman City of Lewiston, ID tcrmi�lyl<Ir l?usT n c:ityyflaswe toa ,cart, 208-746-1316 • Mitch Johnson, GIS & Road Log Manager Chelan County, WA fv�rt�l_7,Jcal�r)srrn�ut,„cs CI�¢,I,ii-l_1Nr�lIs (509)667-6512 • Additional references upon request ALL previous projects were performed on time and with NO change to the original bid price. It is VPR's goal to only apply for projects that are able to be completed within the time frame that is needed. We will always have the pavement condition survey completed in time unless there are delays due to circumstances beyond our control such as weather delays, not starting the project on agreed upon time due to agency delay, etc. VPR Services has the availability to perform the City of Kent's pavement condition survey in its entirety during the 2018 rating season. This includes the import of data into Streetsaver. Qualifications/Experience with Washington State Pavement Condition Surveys: • 25 Years (26,900 centerline miles) experience in conducting walking and driving pavement condition surveys of flexible, rigid and gravel roads. • Extensive experience conducting distress surveys for use in a variety of Pavement Management Softwares such as Streetsaver, Cartegraph, and Mobility. • Extensive knowledge of multiple data collection formats including computer, tablet, and paper formats. Experienced in entering data into MobileRater during field survey and importing data into Streetsaver. Skilled in data verification and collection. • Trained seasonal employees to conduct pavement condition surveys for Spokane County from 1995 to 2014. This included weekly quality assurance of work and calibration of raters. • Attended pavement rating training classes provided by WSDOT and CRAB in 1993, 2006 and 2014. Have attended multiple classes provided by Streetsaver in use of software, pavement condition survey, and MobileRater. • Attendance at the Spring and Fall conferences offered by the Northwest Pavement Management Association, which offers training on different rating methods and software used. Rebecca McConnaughey was awarded "Pavement Manager of the Year" from the NWPMA for 2007-2008. Vendor's Approach to Project: • Vehicle will be equipped with safety lights, company and safety signs on rear of vehicle, distance measuring instrument, and all related insurance required by the City. Employees will be clearly identified with safety vests. • Rating team will be assigned to this project four to six days per week (approx. 8-12 hr/day). Survey will start as early as possible after the City of Kent supplies a start date. Rating would be completed in full during the proposed time frame. • Rating team will pay close attention to weather and direction of sun to get best view of roadway. Roads will be rated during daylight hours, into the sun or from an angle that will show the most road distresses. • All roads will be rated with a walking survey, on 100% of all lanes and segments of City of Kent maintained streets. Distresses to be rated for flexible pavement are alligator cracking, block cracking, distortions, longitudinal and transverse cracking, maintenance and utility patching, rutting/depressions, weathering, and raveling. The database for the roads to be surveyed will be given by the City of Kent in an excel file after award of contract. • Data will be entered directly into MobileRater during survey and uploaded into Streetsaver after quality control has been completed. • A file will be supplied after survey is complete with any discrepancies observed between Streetsaver database and field survey for number of lanes or pavement type. If approved by the City of Kent, updates will be made in the Streetsaver database. An excel spreadsheet will also be included listing any segment that is not rated, with a comment describing the reason. VPR Services, LLC Rebecca McConnaughey (509) 496-7950 beccamcco@hotmail.com April 9, 2018 Bid Estimate Pavement Condition Walking Survey City of Kent, WA 2018 719 lane miles @ $90.00/lane mile = $64,710.00 Tota I cost = $64,71QO0 *Total estimated cost includes insurance as required by the City of Kent, fuel, vehicle use and maintenance, and employee per diem expenses including food and lodging. REQUEST FOR PROPOSAL FOR SERVICES TO PERFORMS 2018 VISUAL PAVEMENT SURFACE CONDITION SURVEY Notice is hereby given that the City of Kent Washington is seeking proposals from qualified firms for consulting services to collect visual pavement surface conditions utilizing StreetSaver's MobileRater application and importing these conditions into the City's StreetSaver Database. The City maintained street network is summarized below: Function Class Sections Length (mi) Lane Miles Urban Principal Arterial 138 11.8 53.2 Urban Minor Arterial 412 34.8 124.2 Major Collector 284 23.8 56.0 Urban Local 3549 239.6 485.6 Totals 4383 310.0 719.0 The services will include walking all City of Kent Streets, visually collecting eight core pavement defects (i.e., alligator cracking, block cracking, distortions, longitudinal and transverse cracking, patch and utility cut patch, rutting/depression, weathering, and raveling) on 100 percent of all lanes and segments of City of Kent maintained streets. The services will include updating the StreetSaver database when the following existing conditions do not match the information within the database: number of lanes and pavement type. Insurance requirements and terms of contract are available upon request from the City of Kent Public Works Department by contacting Nancy Yoshitake at 253-856-5508. A statement of qualifications indicating the firm's qualifications, experience of individuals to perform work on this project, experience of the firm with similar work, technical expertise, capability to perform the work, availability to perform the work, familiarity with City of Kent street network, familiarity with StreetSaver and MobileRater application, resumes and references, how the firm will approach the project, including a cost proposal per lane mile of rated street shall be addressed to: Nancy Yoshitake City of Kent 220 4th Avenue South Kent, WA 98032 Re: RFQ - 2018 Visual Pavement Surface Condition Survey Three (3) sets of qualifications must be received by mail or delivery at the City of Kent Public Works Department no later than 5:00 p.m. on April 13, 2018. Request for qualifications & cost proposal shall be no longer than 5 pages in length excluding the cover, index, divider sheets, resumes and references. For additional information, please contact Joseph S. Araucto, P.E., Utility Engineer, by telephone at 253-856-5664 or via e-mail at jaraucto@kentwa.gov. The City of Kent is an equal opportunity employer and reserves the right to waive any informality or reject any or all submittals and shall be the sole judge thereof. EXHIBIT B INSURANCE REQUIREMIENV'TS FOR SERVICE CONTRACTS Insurance The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor 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 LiabAU insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor'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 Contractor 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 $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B (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 Contractor'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 Contractor's insurance and shall not contribute with it. 2. The Contractor'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 contractor 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 Contractor'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 Contractor 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 Contractor 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 Contractor. EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor'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. 13„ Minimum Amounts of Insurance Contractor 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 $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B (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 Contractor'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 Contractor's insurance and shall not contribute with it. 2. The Contractor'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 contractor 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 Contractor'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 Contractor 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 Contractor 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 Contractor. CERTIFICATE OF LIABILITY INSURANCE DATE(MM,°°"Y 512g120t 8 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS i CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES I BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 Liberty Mutual Insurance CONTACT NTACT PO Box 188065 PHONE PAX Fairfield, OH 45018 iA1G,Na.Exlh 800 962 7132 6Afc.NdL.,. fi00 k14666 E-MAIL Aoi BusInessSaTvice@LibenyNh i0.ual Go in INSURERS)AFFORDING COVERAGE NAIC# 11 INSURER q OhlO SeCUf1V PSUfan Ce Company 24082 INSURED INSURERS Ohio Casualty Insurance Company 24074 Visual Pavement Rating Services — 3116 N Pine Ot Wsu RERC Spokane WA 99205 INSURER INSURER E: ..,. . . ........ ____. INSURER F COVERAGES CERTIFICATE NUMBER: 42181042 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 RECUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR... ..... ..... AODL91-MA -.-- Y POLICY EFP POLICY EXP,.,. .... _.... .. LTR TYPE OFINSURANCE1NI AM POLICY NUMBER IMNI LIMITS ✓ L LIABILITY ✓ BKS56083172 4/22/2016 4/22c2019 EACH OCCURRENCE $1,000000 A COMMERCIAL GENERAL DA OCCUR IMAG TO Rr.Olrb s1 OOa.6ao... .._ .. __-.. CLAIMS MADE PREMISCS QEa rsu.irrknCa) RED EX.P'Any One porsonl _,. $15 000 ., ......_ PERSONAL SADV INJURY _ s1,000000 CENT AGGREGATE LIMIT APPLIES PER'. GENERAL AGGREGATE s2,000.000 ✓ 11 POLICY PRO LOc ....._.. ....... JECT _; I=PODLCB-COMPIOPAGG $2,000,000 n'oroEn. -.. $ AUTOMOBILE LIABILITY LOMBIiRE 5SPNfSLE LIMIT 7- ANY AUTO BODILY INJURY(Per person) $ OWNER - SCHEDULED eoolLv uvduuv AUTOS ONLY AUTOS (Rerew tlenp 9 " HIRED - NON OWNEDPROPERTY DAMAGE - "- ADTOSONLY AUTOS ONLY tPWr,[MJ.x.UfMdh4,,, $ $ R LEXCE MBRELLA LIAB ✓ OCCUR t1S056083172 4/22/2018 4/22/2019 EACH OCCURRENCE _ $2000000 11 MS LIABCLPIMSMADE AGGREGATE $2000,000 ED ✓ RETENTION$1©000 .-. .... WORKERS COMPENSATION µER AND EMPLOYERS LIABILITY YIN J HIATUTC p,PH .....,.v ANYPROPRIETORIPARTNERIEXECUTIVE - OFFICER/MEMBER EXCLUDED' NIA i EU EACLACCIDENT 9 (Mandatory In NH) rA DISEASE-EAEMP1.OT EL 5 Itly s dasc'ribeunder, -- ...__„ i D,SCRIPTION OF OPERA'P'IONS bi. ELDISCAED-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (A CORD 101,Additional Rama rks Schedule,may be attach ad If more space Is ma,u I red) Oily of Kent Engineering is Additional Insured 4 required In a written contract or written agreement per form CG2010- 30 Day Notice of Canoellakion'10 Day Notice of Cancellation for Canoc aifon for Non-f'ayinnent of Premium this PDticy Is Primary and we will not ask for Contribution of me Policy issued to the Additional Insured. CERTIFICATE HOLDER CANCELLATION 0Ot Kent Engineering SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE West Gowe THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Kent WA 98032 ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE Kori Easlo ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD s2toloaJ I .[llarTCI 1 I0L19 HL"Unx 1„I L, ace Hol r,aley I ,I,I/201If I JT .I FA ((Ji, I 1a a 1 of 1 DATE(MMIDDIYYYY) AC")rti CERTIFICATE OF LIABILITY INSURANCEI 05129l2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements). PRODUCER TACT Star l Kerner Kerner Insurance Inc. PINMP J:xrL 509-464 0023 888 876-0016 ,,...-....� �,.Nsl..- .... An Affiliate of Mosaic Insurance Alliance,LLC EMAIL staci@kernerinsurance.com 4407 N Division Suite 714 IwsURERdsj AFPOantNG coMERnGa _ NAlca Spokanu WA 99207 _ INSURER A: United Financial Casualty Co 11 mpany INSURED INSURER a, Underwriters Lloyds London Visual Pavement Rating Services INSURER c 3116N Pine Ct INSURER tl ^,,, _-.. ............... Spokane WA 99205 INSURER E INSURE0.F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSRf"'" AIYa1,busR•...._ ., ---- FOUCYF'FF LOLIGYEMV. ......�.�.....—... .... ........ .. ........ .—, TR TYPE OF INSURANCE _ POLICY NUMBER IM/De YY MMNOIYYXY LIMIT? GENERAL LIABILITY EACH OCCURRENCE $ ......_ DAMAGE'Tt9"RERTED"'^—'___ ...--. COMMERCIAL GENERAL LIAIXIFILY PRFMISF$IF rat $ 1 CLAIMS MADE `_�OCCUR MED E%P(Any Derson) .,.$ _ PERSONAL&PDV INJURY $ GENERAL AGGREGATE $ GEN'LAGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ POLICY '^ P4CfT I.LOC COMB $ AUTOMOBILE LIABILITY IF.anrinwnD NED SINGLEDMn $ 1,000,000 ANY AUTO BODILYINJURY(P p )„ $ — __ - -- ALLOWNED SCHEDULED A AUTos * AUTos X 02968155-2 0410812018 0410812019 BODILY INJURY(Per accdem) $ -. '" -- NON OWNEDPROPERTY DAMAGE HIRED AUTOS AUTOS IParerr nenll $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR . CLAIMS-MADE AGGREGATE $ QED RFTENTION5 $ WORKERS COMPENSATION Wpv YATIP" GCp 11 AND EMPLOYERS'LIABILITY "�""""- ANY PROPRIETOWPARTNERIE%ECUTIVE f- NIA EL EACH ACCIDENT _. $ OFFICE WMEMBER EXCLUDED? (Mandatary In NH) E L DISEASE FA EMPLOYEE $ If Yyes describe under .--.... _........-.__..... ........__...... n,RCRiPTION OFOPERAIIONS below EL DISEASE POLICY LIMIT $ Errcrs and Omissions $1,000,000 Each Claim B MPL-157121.18 04124/2018 04/24/2019 $1,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks 9cNedWe,it more spnce Is required) City of Kent Engineering is an additional insured if required in a Written contract or written agreement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent Engineering THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 400 West Gowe ACCORDANCE WITH THE POLICY PROVISIONS. Kent WA 98032 ---�� aUTHnRre RBPRBSEuraTlvE ACORD 25(2010105) ©1988-2D10 ACORD CORPORATION. All rights reserved. The ACORD name and log re registered marks of ACORD COMMERCIAL GENERAL LIABILITY CO 80 61 05 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, AMENDMENT OF CANCELLATION PROVISIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Any term or provision of the Cancellation Conditions of the policy or any endorsement amending or replacing such Conditions is amended by the following, A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the person or organization shown In the Schedule below. In no event will the notice to the person or organization scheduled below exceed the notice to the first named insured. B. Our obligation to send notice to the person or organization listed In the Schedule below will terminate at the earlier of the current policy period expiration or when you no longer have a legal or contractual obligation to such person or organization to maintain insurance coverage under a policy which requires that such person or organization be notified in the event of cancellation. SCHEDULE 1. Name: City of Kent Engineering 2. Address: 400 West Gowe Kent WA 98032 3. Number of days advance notice: 30 All other terms and conditions of this policy remain unchanged. B 2011 Liberty Mutual Agency Corporation. All rights rasah,I CG 80 61 05 11 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 Of 1 Y21 111111 161911"11 11BI19 11. _Crci["'Ce XL11gpn renal 1 ' 1' 11 nr9 (II)II) I Px(ye 1 oa 2 POLICY NUMBER BKS56083172 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions applyi with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. Your acts or omissions, or 1. All work, including materials, parts equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above completed, or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 2 aysx see I seeenn I ie/is mafieer ce�ci¢,�aie I n'nti�=sa n;mot"- I an ewna arz v:ce tun inorl I vase z oe e C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations, Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations, amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 O Insurance Services Office, Inc., 2012 CG 20 10 0413 a i3 cased szoo3 iz I W11 maacer eemi'— Ie 1 'eneresa eierae 1u/is/iota e:azae .M MI) I e.' 1 oe 12 COMMERCIAL GENERAL LIABILITY CIS 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY—ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS —COVERAGES A AND B 3 ADDITIONAL INSUREDS— BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY—ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS—EXTENDED PROTECTION OF YOUR"LIMITS OF INSURANCE" 6 WHO IS AN INSURED—INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED— 6 FELLOW EMPLOYEE EXTENSION—MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE,OFFENSE,CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US— 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc,with its permission. Page 1 of 8 9136460 I SnoIIIII 111/II Mae _''. ''ca h.mcue ri..n I I h/16/ 1111 1,II Hry (P,,) I ,.,. s ., ,, With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I—Coverage A- Bodily Injury And Property Damage Liability, exclusion g.Aircraft,Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew, 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance,whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would alsc apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I —Coverage A—Bodily Injury And Property Damage Liability, Subparagraph (2)of exclusion g. Aircraft,Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY—ELEVATORS 1. Under Paragraph 2. Exclusions of Section I—Coverage A— Bodily Injury And Property Damage Liability, Subparagraphs (3), (4)and(6) of exclusion j. Damage To property do not apply if such "property damage"results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV—Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I -Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following: Paragraphs (1), (3)and(4)of this exclusion,do riot apply to"property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and(4)of this exclusion do not apply to"property damage"to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III—Limits of Insurance. ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 8 aim ,coo se oarn io/ y lia F1 L < I,II LI i rncn�sa a'_xn 4/Ifi/z 1 .24,sn nni Isom) cae- e �[ iz b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through In. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III—Limits Of Insurance. 2. Paragraph 6. under Section III—Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I—Coverage C—Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS—COVERAGES A AND B 1. Under Supplementary Payments—Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit', including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS- BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II'—Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract„written agreement or permit, Such person or organization is an additional insured but only with respect to liability for"bodily injury', "property damage"or"personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your an going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury'or"property damage" occurs, or the""personal and advertising injury"is committed, subsequent to the signing of such written contract or written agreement, or ©2D13 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 Of 8 a re;n soo eooAji�a iohs mo r,. �e=n1[Loar ri_i_sa 1 v:x9110 M (""I I vdye ., oe is b. Premises or facilities rented by you or used by you; or C. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to"bodily injury", "property damage', or"personal and advertising injury"arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to"bodily injury" or"property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: a) The existence, maintenance, repair,construction, erection, or removal of advertising signs,awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c.above, this insurance does not..apply to any"occurrence"which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the"bodily Injury"or"property damage", We have no duty to defend an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV—Commercial General Liability Conditions. 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services office, Inc.,with its permission. Page 4 of 8 aie 1 seornvx 1 "//, "1— .�n f L11111 1 rn.�P"" e' , ., 1 ..zy:n, 1,11 (aor] 1 Pae" , oe xe 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I -Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or"property damage"arising from the sole negligence of the additional insured. b. "Bodily injury"or"property damage"that occurs prior to you commencing operations at the location where such ""bodily injury" or"property damage"occurs. C. "Bodily injury", "property damage"or"personal and advertising injury"arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even 0 the claims against any insured allege negligence or other wrongdoing in the supervision, hiring„employment, training or monitoring of others by that insured, if the"occurrence"which caused the "bodily injury"or"property damage", or the offense which caused the"personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural,engineering or surveying services. d. "Bodily injury"or"property damage"occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to Ibe performed by or on behalf of the additional insured(s) at, the location of the covered operations has been completed; or (2) That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any(person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III— Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and(noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured"s policy for damages we cover. ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance services Office, Inc.,with its permission. Page 5 of 8 aisrne o I seeeays I ie/i, iex", .... �r-_ 1 r�.re"a a e_�"e 1 a/re/s,2 „se,se nre (esr) I ease e 11c 11 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement,an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contfibutory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR"LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy_ 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence"or an offense that may result in a claim or"suit' under this insurance to us; b. Tender the defense and indemnity of any claim or"suit"to all insurers whom also have insurance available to the additional insured; and C. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III—Limits of Insurance of this policy,whichever are less.These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1)of Section II -Who Is An Insured is replaced with the following: (1) 'Bodily injury"or"personal and advertising injury': (a) To you, to your partners or members(if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee"while in the course of his or her employment or performing duties related'to the conduct of your business, or to your other "volunteer workers"while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee"or"volunteer worker'as a consequence of Paragraph (1)(a) above, (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or(b) above; or (d) Arising out of his or her providing or failiing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage for providing professional health care services is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance services Office, Inc„with its permission. Page 6 of 8 pie rrno 1 ", 3"" I ',/is n..3 .. I a .... I a/rr,/i I. 1 ,a 1111 (1111, 1 111e ro oc Lz Paragraphs (a).and(b)above do not apply to"bodily injury"or"personal and advertising injury"caused by an "employee"who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the id employee's"job responsibilities assigned by you, includes the direct supervision of other"employees""of yours. However, none of these"employees'' are insureds for"bodily injury„or"personal and advertising injury"arising out of their willful conduct, which is defined as the purposeful or willful intent to cause"bodily Injury"or"personal and advertising injury", or caused in whole or in part by their intoxication by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3• Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or farmed by you; b. Coverage A does not apply to "bodily injury"or"property damage"that occurred before you acquired or formed the organization; and C. Coverage B does not apply to"personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV—Commercial General Liability Conditions, the following is added to Condition 6. Representations: Your failure to disclose all hazards or prior"occurrences" existing as of the inception date of the policy shall riot prejudice the coverage afforded by this policy provided such',failure to disclose all hazards or prior"occurrences"is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV—Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence,Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or"suit''by an agent, servant or"employee"of any insured shall not in itself constitute knowledge Of the insured unless an insured listed under Paragraph f„of Section II—Who Is An Insured or a person who has been designated by therm to receive reports of ""occurrences", offenses„claims or"suits"shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V—Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that resuils from such physical injury, sickness or disease. CG 88 10 04 13 ©2d93 Liberty Mutual insurance Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 7 of 8 „-+ saoe�na m,..0 c-n eu�ac� r- xoa na.ire One/an a �:ae so nn Uor'1 111L 11 It 11 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or"property damage"expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury"or"property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US—WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV — Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the"products-completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization, and 2. The injury or damage occurs subsequent to the execution of the written contract or written agreement. ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 8 of 8 ar.-iaou I wo�i. I io/is n- cue c�rc srt I xe�zeaa - ,F. I R</ sir -z_.�e nw tn�mt I Pair iz oc ix �X u i Wn m A I . wiu I ° m u mu c oa a m au uu ; � ab "' aW W w I � .u• dY � � " u M dW �� IM'a �u� J✓ � Pk a �a.O=6 �w 'N' r" � 0 M � r u w a Agenda Item: Consent Calendar - 8E TO: City Council DATE: June 19, 2018 SUBJECT: Consultant Service Agreement - Visual Pavement Rating Services, LLC - Authorize MOTION: Authorize Mayor to sign a Consultant Services Agreement with Visual Pavement Rating Services, LLC in an amount not to exceed $64,710, for the purpose of performing a visual pavement condition survey for all City streets, subject to final terms and conditions acceptable to the City Attorney and Public Works Director SUMMARY: The City of Kent roadway network is approximately 310 centerline miles (equivalent to nearly 720 lane miles). The 2018 Transportation Sustainability binder presented to Council in January 2018 identified a deferred maintenance need in excess of $275M for the roadways. This number was based on prior studies. In addition to aiding staff in the prioritization of projects, the visual pavement rating aids in quantifying the condition and needs of the roadway network. An updated pavement condition survey is also a necessity when competing for regional grant funding opportunities, as it complies with requirements of the Federal Highway Administration. The City had a favorable experience working with Visual Pavement Rating Services Inc. in 2015/16, the last time the City's roadways were rated. EXHIBITS: Consultant Service Agreement - Visual Pavement Rating Services, Inc. RECOMMENDED BY: Public Works Committee YEA: Fincher, Troutner, Higgins NAY: BUDGET IMPACT: Funding for the agreement is through B&O tax revenue. STRATEGIC PLAN GOAL(S): ® Authentic Connectivity.and rammunication - Uniting people to people, to places, and to their government through superior infrastructure, enriched community interactions, and responsive, trusting relationshi,os.