HomeMy WebLinkAboutCAG2020-331 - Original - Associated Earth Sciences, Inc. - West Fenwick Renovation Geotechnical Monitoring - 08/17/2020Agreement Routing Form
sup/MgrK
Dir Asst: l€O
Di r/Dep r verbalvia reamschat
KENT For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor's Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)WaSHTNGToN
o
oLo.o.
Originator
Lynn Osborn for Bryan Higgins
Department:
Parks, Recreation & Community Services
Date Sent:
08114t2020
Date Reouired:
Soonest possible please
Authorized to Sign:
fl Director or Designee ! Mayor
Date of Council Approval
nla
Budget Account Number:
P21030
Budget? ZYes E No
Grant? flYes Z No
Type: Jrl/fi
co
]Po
ELrorF
E
iHco
EooL
Ot
Vendor Name:
Associated Earth Sciences, Inc.
Category:
Contract
Vendor Number:
38148
Sub-Category:
Original
project *ur", West Fenwick Renovation Geotechnical Monitoring
Project Details:Geotechnical monitoring as required during construction of park renovation
Agreement Amount: 1 5000
Starr Dare: Upon final execution
Basis for Selection of Contractor: Othef
rermination Date: 12131 12020
Local Business? ElYes Z No*
*lf meets requirements per KCC 3.70.100, please complete "Vendor Purchase-Local Exceptions" form on Cityspace.
Notice required prior to disclosure?
Dyes Z trto
Contract Number:
gl
E
+,:t\o
=E.g ttagc,i otr
.9UI
Date Received by City Attorney:
N/A
Comments:
Date Routed to the Mayor's Office: N/A
Date Routed to the City Clerk's Office:
adccw22lTl_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.200713
KENT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Associated Earth Sciences Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter
the "City"), and Associated Earth Sciences Inc. organized under the laws of the State of Washington, located
and doing business at 911 5th Avenue, Kirkland, WA 98033 (hereinafterthe "Consultant").
I. DESCRIPTION OF WORK.
The Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
As described in attached Exhibit A, incorporated herein, consultant shall provide geotechnical
monitoring services during construction of renovation improvements at West Fenwick Park.
Services will include observations, evaluations and testing of various surface and subsurface
elements, and field reports as needed.
The 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. TiitE OF COifiPLETiON. The parties agree that work wiii begin on tire tasks ciescriired irr
Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the
work described in Section IbV I2/3I12O20.
III. COMPENSATION.
The City shall pay the Consultant, based on time and materials, an amount not to exceed
$15,000.00, for the services described in this Agreement. This is the maximum amount to
be paid under this Agreement for the work described in Section I above, and shall not be
exceeded without the prior written authorization of the City in the form of a negotiated and
executed amendment to this agreement. The Consultant agrees that the hourly or flat rate
charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)
for a period of one (1) year from the effective date of this Agreement. The Consultant's billing
rates shall be as delineated in Exhibit A.
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.
Card Pavment Proqram. The Consultant may elect to participate in automated credit card
payments provided for by the City and its financial institution. This Program is provided as an
alternative to payment by check and is available for the convenience of the Consultant. If the
Consultant voluntarily participates in this Program, the Consultant will be solely responsible
CONSULTANT SERVICES AGREEMENT - 1
($20,000 or Less)
A
B
c
for any fees imposed by financial institutions or credit card companies. The Consultant shall
not charge those fees back to the City.
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 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 the
Consultant's services under this Agreement will be performed.
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 the 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.
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.
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 the
Consultant's business, and has obtained a Unified Business Identifier (UBI) number
from the State of Washington.
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 thitty (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 the Consultant's records or data is not related to this project, it shall be without liability or legal
exposure to the Consultant.
VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood,
or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent
to the other that at the time of signing this Agreement, they are able to perform as required and their
performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing
state or national declarations of emergency, or any current social distancing restrictions or personal
protective equipment requirements that may be required under federal, state, or local law in response to
the current pandemic.
If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation.
Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any
costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event.
CONSULTANT SERVICES AGREEMENT - 2
($20,000 or Less)
c
D
E.
F
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision,
If a force majeure event occurs, the City may direct the Consultant to restart any work or
performance that may have ceased, to change the work, or to take other action to secure the work or the
project site during the force majeure event. The cost to restart, change, or secure the work or project site
arising from a direction by the City under this clause will be dealt with as a change order, except to the
extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its
obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be
borne by the Consultant.
VII. 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
Consultantorsubcontractorshall 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. The Consultant shall execute
the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy L2, and upon completion of the contract work, file the attached Compliance Statement,
VIII. INDEMNIFICATION. The 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 the 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.t15,
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 the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNIW UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FIIRTHtrR ACKNOWI FDGF THAT THFY HAVF MTITIIAI IY NFGOTTATFD THIS WATVFR
In the event the 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
the 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.
IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable
accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under
this Agreement.
XI. 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
CONSULTANT SERVICES AGREEMENT - 3
($20,000 or Less)
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by
the Consultant. The 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 the Consultant for this project by
anyone other than the Consultant on any other project shall be without liability or legal exposure to the
Consultant,
XII. CITY'S RIGHT OF INSPECTION. Even though the 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.
XIII. WORK PERFORMED AT CONSULTANT'S RISK. The 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 the Consultant's own risk, and the 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.
XIV. MISCELLANEOUS PROVISIONS.
A. Recvclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the pafties' 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 VIII 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 the
Consultant.
CONSULTANT SERVICES AGREEMENT - 4
($20,000 or Less)
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 the Consultant's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties
and obligations under the Public Records Act.
J, Citv 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,
/t
t/
/t
//
t/
/t
l/
/t
t/
//
//
ll
K. Counterpafts and Sionatures bv 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 SERVICES AGREEMENT - 5
($20,000 or Less)
CONSULTANT:
Fazru.By:
Print Name:
Its President, AESI
(title)
DArE: 8110120
CITY OF KENT:
,_- ' aararuwb/a, C4?F
By Julie Parascondola, CPRE (Aug 17,2020 10:56 PDT)
(signature)
Print Name: Julie Parascondola
lfs; Parks, Recreation & Commuity Svcs
Director
DATE
NOTICES TO BE SENT TO:
CONSULTANT:
Jeffrey Laub
Associated Earth Sciences Inc.
911 Fifth Ave.
Kirkland, WA 98033
425-827 -770 1 (telephone)
jlaub@aesgeo.com
NOTICES TO BE SENT TO:
CITY OF KENT:
Bryan Higgins
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5113 (telephone)
bhiqqins@kentwa.oov
ATTEST:
4,*{r,^^M
Kent City Clerk
Pi\Plannlng\West Fenwlck Park\W€st Fenwlck Park Renovation Phase 2 PK20-03\2Constructlon Phase\AESI Geotech l4onltor-CONTRACT
CONSULTANT SERVICES AGREEMENT - 6
($20,000 or Less)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity policies,
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding,
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex,
race, color, national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of tne Agreement l, the prime contractor, wiii activeiy consicier niring 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 Fozaa, U?*
For: Associated Earth Sciences, Inc
Title:
President
Date: 8/LO/20
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: I.2 EFFECTIVE DATE: January 1, 1998
SUBJECT:MINORITY AND WOMEN
CONTRACTORS
SUPERSEDES: April 1, 1996
APPROVED BY Jim White, Mayor
1
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:
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 L.2 and the Declaration City of Kent Equal Employment Oppoftunity
Policy that was part of the before-mentioned Agreement.
Date:
By:
For
Title:
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT Aassociated
earth sciences
incorporated
August 3,2020
Project No. 20170625EOO2
CONTRACT AGREEMENT TO ENGAGE THE SERVICES OF
ASSOCTATED EARTH SC|ENCES, tNC.
AS A CONSULTANT AND ADVISOR
This agreement has been entered into at
Associated Earth Sciences, lnc
911 5th Avenue
Kirkland, Washington 98033
on this 3'd day of August 2020 between
Client:City of Kent Parks, Recreation & Community Services
220 Fourth Avenue South
Kent, Washington 98032
Attention: Mr. Bryan Higgins, Parks Capital Project Manager
hereinafter referred to as "Client " and Associated Earth Sciences, Inc. (AESI), hereinafter
referred to as "Geotechnical Consultant " for mutual consideration as hereinafter set forth:
1.0 The description and location of the project on which the Client contracts the
Geotechnical Consultant's services are:
The subject site is the existing West Fenwick Park, located at 3808 South Reith Road in Kent,
Washington (King County Parcel No.2722049005). The currently planned project consists of the
construction of major park improvements, including a new natural turf sports field with an
underdrain system, a new futsal court, a new picnic shelter, a stormwater infiltration system,
and other ancillary improvements. We have previously issued a "subsurface Exploration,
Geologic Hazard, lnfiltration Assessment, and Geotechnical Engineering Report," dated
November 18, 2OL9, for the subject project, and you wish that AESI perform geotechnical
observation and consultation services during the construction phase of the project.
Kirkland I Tacoma I Mount Vernon
425-827 -77 0t I www.aesgeo.com
EXHIBIT A (Continued)
2.O Geotechnical Consultant agrees to provide the following services:
Geotechnical construction monitoring services for construction of the planned park
improvements. As requested by City of Kent Parks, Recreation & Community Services, an AESI
representative will conduct part-time construction monitoring site visits. Our services may
include observation of excavations, evaluation of foundation bearing surfaces, observation and
testing of structural fill placement and compaction, or observation of subsurface drainage,
including the stormwater infiltration system, as needed. Our observations will be recorded in
written daily field reports.
3.0 Client confirms that the Geotechnical Consultant has explained the full range of
services it offers and the manner in which these services could be applied to this project.
Client also confirms that they understand the value and benefit of these services and has of
their own accord decided upon those identified in paragraph 2.0 above. Client agrees to hold
the Geotechnical Consultant harmless for claims of any kind that may arise from any source
due to the Geotechnical Consultant's failure to provide services that Client has specifically not
included in the list of services identified in paragraph 2.0 above. Client further agrees to
indemnify the Geotechnical Consultant for the cost of defending any such claims and any
awards or settlements resulting therefrom.
4.0 The Client accepts that all services are provided in accordance with the attached
Scheciuie of Charges, which is macie a part oi this contract by reference. eiient further agrees
to compensate the Geotechnical Consultant for their services, and to reimburse the
Geotechnical Consultant for expenses incurred on Client's behalf as follows:
Because earthwork schedules are highly dependent on subsurface soil and site conditions,
contractor efficiency, weather, and other factors-all of which are beyond AESI's control-work will
be performed on a time and expense basis in accordance r,,ith the attached Schedule of Charges.
The majority of field time will be invoiced at the Staff rate of SgS per hour. Report review and
project management tasks will be invoiced at the Senior Principal rate of SZSS per hour. Travel
time and mileage will be charged from AESI's Kirkland office. Based on our understanding of the
project, we anticipate roughly 6 weeks'worth of part-time construction monitoring site visits and
estimate the associated fees to be approximately 51-5,000. Again, the actual number of visits and
duration of involvement is dependent on subsurface soil and groundwater conditions, weather,
and contractor productivity, all of which are beyond our control. Therefore, our estimate should
be considered preliminary. We will work with the contractor to provide our services in an efficient
and cost-effective ma nner
A fully executed City of Kent consultant services agreement will provide acceptance of this
services agreement, authorizing us to proceed.
2
EXHIBIT A (Continued)
lf unusual or unanticipated conditions are encountered that will involve additional costs, we
will immediately notify you to discuss modification of the scope of services. Additional
authorized services will be provided as outlined on the Schedule of Charges.
5.0 The person signing this contract for a business entity attests that they are empowered
to act on behalf of the business and agree to the Schedule of Charges attached to this letter.
lf this agreement meets with your approval, please sign in the space provided below, and
send please send an executed City of Kent consultant services agreement to our Kirkland
office address: AESI, 911 5th Avenue, Kirkland, Washington 98033, to serve as formal
authorization to proceed.
The undersigned has reviewed and accepts
the attached Schedule of Charges.
ASSOCIATED sctENcEs, tNc.Client Date
Authorized Representative Signatu reKirkland, Washington
Bruce L. Blyton, P.E.
Senior Principal Engineer
Client (please print name)
Attachments: Schedule of Charges
AESI offers paperless invoicing as an emailed PDF document to your accounts payable
department/representative. By providing an email address, you will receive emailed
PDF versions of your invoices (no copies will be mailed).
Please provide the appropriate email address here:
3
BtS/ms - 20170625E002-2
EXHIBIT A (Continued)
Effective January 2020
ASSOCIATED EARTH SCIENCES, INC.
SCHEDUTE OF CHARGES
Our compensation will be determined on the basis of time and expenses in accordance with the following schedule
unless a lump sum amount is so indicated in the proposal or services agreement. Current rates are as follows:
Personnel Charges - Engineers, Hydrogeologists, Geologists, Scientists, and Technicians
Sr. Principal.. ...................S235.00/hour
Principal........
Sr. Associate
Associate ..
Senior.......
Other Personnel and Disbursement Charges
CAD Operator and Workstation ..............
Geographic lnformation Services (GlS)
Prints - Sizes A and B.........
Water Level Data Logger
Barometer Data Logger.
Laboratory Charges
Atterberg Limit .............
.S205.00/hour
.Srgo.oo/trour
.S170.00/hour
.Sreo.oo/trour
.S150.00/hourSr. Project
Project .,.,...........S135.00/hour
...............Srrs.00/hourSr. Staff
Staff....,
LegalTestimony (4 hour minimum)..... .S400.00/hour
Prints - Sizes C, D, E, and F
Project Assistant...............,
...,..55.OO/each
Laboratory Technician........ ....................S95.00/hour
Clerical, Word Processing, etc. ...............S55.00/hour
.........Federal Reimbursable Rate + 15%
Per Diem ......,.,..To be established on a project basis
Subcontractors and Miscellaneous Expenses....... .......cost plus 15%
Sros.oo/nour
S105.00/hour
....S3.00/eacn
.S50.00/month
.s40.00/month
Cnnqnlir{etinn
Sr+o.oo/test
s500.oo/tesr
.S400.00/test
.5400.00/3 point test
.S120.oo
.S100.0O/test
.s210.00/test
Constant Head Permeabil ity (ASTM :D2434-681
Direct Shear..
Ethylene Glycol Test (3 rock minimum)
Fractured Face Count (AASHTO T-335)...........
Hydrometer
Moisture Content s25.00/test
Szs.oo/testOrganic Content
Percent Passing #200..............
Permeability (Falling Head)
Proctor ASTM : D-1557 and ASTM :D-698
Sand Equiva1ent.,....,......,....
Sieve with Wash #200
Specific Gravity + #4
Specific Gravity - #4...........Srso.oo/test
Unit Weight S80.00/test
Void Ratio.... ...................S125.00/test
.$105.0O/test
.5250.00/test
.S255.oo/test
.Srts.oo/test
.$200.00/test
.S125.00/test
Other laboratory tests and equipment rental will be provided on a per job basis.
charge2020-Reg1 - WP\tinda\SD-2019
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSU LTANT SERVICES AG REEM ENTS
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 peformance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liability coverage.
2. Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, independent contractors,
products-completed operations, personal injury and
advertising injury, and liability assumed under an insured
contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement
ISO form CG 25 03 11 85. The City shall be named as an
insured under the Consultant's Commercial General Liability
insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11
85 or a substitute endorsement providing equivalent
coverage.
3, Workers'Comoensation coverage as required by the
Industrial Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the
Consu lta nt's profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined
single limit for bodily injury and propefty damage of
$1,000,000 per accident.
EXHIBIT B (Continued )
2. Commercial General Liability insurance shall be written with
limits no less than $2,000,000 each occurrence, $2,000,000
general aggregate.
3. Professional Liability insurance shall be written with limits no
less than 2,000,000 per claim.
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 pafty, 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 coDV of the endorsement naming the Citv 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,
|.t Aaranblrilihr af Tncrrrarcv. rvlvlrrgvrrrlt vr -r.rxr ur s
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VIL
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.
EXHIBIT B (continued )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.
DATE (MM/DD/YYYY}
08t10t2020
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: lf the cortificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer riqhts to the certificate holder in lieu of such endorsement(s).
PRODUCER
Niehl lnsurance Agency
375 118th Ave Se #103
Bellevue wA 98005
CONTACT
lllPN.l ._... {42s\ 644-1600 fiX "^,.r+zs't 644-21s2
INSURERISI AFFORDING COVERAGE NAIN {
rNs'RFF a.Ohio Casualtv lnsurance Companv 24074
INSUREO
Associated Earth Sciences lnc
911 sTh Ave Suite 100
Kirkland wA 98033-
,'.,,.'o o.Ohio Securitv lnsurance Co 24082
rNc,r.Ee ^.Sentinel lns Co 1'1000
tNct toED h
INSIIRER E :
INSIIPFF F .
CERTIFICATE OF LIABILITY INSURANCE
CERTIFICATE NUMBER:
Al 120069
@ 1988-2015 ACORD CORPORATION. All rights reserved.
The AGORD name and logo are registered marks of ACORD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH 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 SHO\AN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFF POLICY EXP LIMITSINSRTYPE OF INSURANCE P6I IEY NIIMFEN
EACH OCCI.JRRENCE s 1,000,000
s 1.000.000
MFn FXP lAnv nnc ncrson\15,000s
PFPSONAI CANVIN.IIIRY s 1,000.000
2.000.000gGENERALAGGREGATE
e 2.000.000PRODUCTS - COMP/OP AGG
$
B COMMERCIAL GEiIERAL LIABILIW
xCLAIIUS.MADE OCCUR
LIIUIT
xPOLICY
APPLIESEPRO-
JECT
x
PER:
LOC
82560709'115 12t31t2019 12t31t202C
COMBINED SINGLE LIMIT s 1,000,000
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
$
PROPERTY DAIUAGE $
$
c AUTOMOBILE LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON-OVVTIED
AUTOS ONLY
x
Xx
52UECJR8403 12t31t2019 12t31t2020
x EACH OCCIJRRENCE 5,000,000x
AGGRFGATF s 5,000,000
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAI|\il9MADE
uso60709'115 12t31t2019 12t31t2020
s
A
nFn x 10,00cRFTFNTION R
PER x OTH.
I nnn nnnE L UUF ALUIUEN I
E L DISEASE - EA EMPLOYEE 1,000,000
1.000.000q
B WORKERS COMPENSATION
AND EMPLOYERS' LIAEILIW
Ai\Y PROPRiETOfu PARTNERIEXECUTiVE
OFFICERYMEMBER EXCLUDED?
(Mrnd.tory in ilH)
lf yes, describo und€r
nECaOlOllnf,l
^E
nOEO6TlnilQ halan
N'A
825607091 1 5
VVADI\JT\,AT
12t31t2019 12t31t2024
F I DISFASF - POI ICY I IMIT
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Addltlonrl Rom.rts Schcdulc, mry bc rttrohrd if moE 3prc. i8 roquiFd)
CITY OF KENT PARKS, RECREATION & COMMUNITY SERVICES IS INCLUDED AS ADDITIONAL INSURED PER 8P7996.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUT}IORIZED REPRESENTATIVE
CITY OF KENT PARKS
RECREATION & COMMUNITY SERVICES
22O4TH AVE SKENT WA 98032-
ACORD 2s (2016103)
Client#:334935 ASSOCEAR
ACORD," CERTIFICATE OF LIABILITY INSURANCE
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
DATE (MM'DD/YYYY}
8t10t2020
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: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorcomsnt(s),
PRODUCER
USI lnsurance Services NW PR
601 Union Street, Suite 1000
Seattle, WA 98101 i
Fxilil'' Please See Below:
ljl8.*n.. .",, 206 441-6300 510-352-8530
r.com
INSURER(S} AFFORDING COVERAGE NAIC #
1NSURERA, Navigators Specialty lnsurance Co.36056
INSURED
Associated Earth Sciences, lnc
911 sth Avenue, Suite 100
Kirkland, WA 98033
INSURER B
INSURER C :
INSURER D
INSURER E:
INSI'RER F :
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVEBEENISSUED TOTHE INSURED NAMEDABOVE FORTHE POLICYPERIOD
INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITIONOF ANY CONTRACTOR OTHER DOCUMENT WTH RESPECT TO \A/TIICH 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 SHO\AA MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE \DDLNCE POLICY NUMBER LIMITS
COMMERCIAL GENERAL LIABILITY
CLAII\iIS.MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
OTHER:
PRO.
JECT LOC
EACH OCCURRENCE $
$
MED EXP (Anv one Derson)$
PERSONAL & ADV INJURY
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG
$
AUTOMOBILE LIABILITY
ANY AUTO
OVVNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON-OVVNED
AUTOS ONLY
s
BODILY INJURY (Per person)$
BODILY INJURY (Per a@ident)$
o
$
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS.MADE
EACH OCCURRENCE $
AGGREGATE $
DED RETENTION S s
WORKERS COMPENSATION
AND EMPLOYERS' L|AB|LTTY Y
'
N
ANY PROPRIETOR/PARTNER/EXECUTIVE r ---
OFFICER/MEI\iIBER EXCLUDED? L l(Mandatory in NHI
lf yes, describe under
DESCRIPTION OF OPERATIONS beiow
N'A
PERQTATI ITE OTH-tro
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
E,L, DISEASE - POLICY LIMIT $
A Professional
Liability
CE2OMPLOBDTODNC t7t12t2020 07t12t2021 $2,000,000 per claim
$2,000,000 annl aggr
DESCRIPTION OF OPERATIONS , LOCATIONS / VEHICLES (ACORD '101, Additional Remarks Schcdule, may be attached lf more 3pace is requiredl
RTIFICATE
ACORD 2s (20,16/03) 1 ol1
#s29562031/M29358872
@ {988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registersd marks of ACORD
RZAZP
SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLEO BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WLL BE DELIVERED IN
ACCORDANCE WTH THE POLICY PROVISIONS.
City Of Kent Parks, Recreation & Community Services
220 Fourth Avenue South
Kent, WA 98032
SlurL; llr^"'lF^*;A->
AUTHORIZED REPRESENTATIVE
t
BUSINESSOWNERS
BP 79 96 09 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY
BUSINESSOWNERS LIABILITY EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
:: BUSTNESSOWNERS COVERAGE FORM
:
E Below is a summarization of the coverages provided by this endorsement.E summary. Actual coverage descriptions are within this endorsement.
--
SECTION SUBJECT
--
No coverages are given by this
A.Supplementary Payments
Bail Bonds
Loss Of Earnings
Broadened Coverage For Damage To Premises Rented To You
lncidental Medical Malpractice lnjury
Mobile Equipment
Blanket Additional lnsured (Owners, Contractors Or Lessors)
Newly Formed Or Acquired Organizations
Aggregate Limits
Duties ln The Event Of Occurrence, Offense, Claim Or Suit
Liability And Medical Expenses Definitions
Bodily lnjury
lnsured Contract
D^'-^h^l A nal A alr rarliainr I nir rnrr sr Jvr rqr nr ru nsYsr lr-rr rv rr lqr t
Section ll - Liability is amended as follows:
A. Supplementary Payments
Section A.1. Business Liability is modified as follows:
1. The $250 limit shown in Paragraph A.1.f.(1Xb) Coverage Extension - Supplementary Payments for the
cost of bail bonds is replaced by a $3,000 limit.
2. The $250 limit shown in Paragraph A.f .f.(lxd) Coverage Extension - Supplementary Payments for
reasonable expenses and loss of earnings is replaced by a $500 limit.
B. Broadened Coverage For Damage To Premises Rented To You
1. The last paragraph of Section B.l. Exclusions - Applicable To Business Liability Coverage is replaced
by the following:
With respect to the premises which are rented to you or temporarily occupied by you with the permis-
sion of the owner, Exclusions c., d., e., g., h., k., 1., m., n. and o. do not apply to "property damage".
B.
c.
D.
E.
F.
G.
H.
@ 2Ol6Liberty Mutual lnsurance
lncludes copyrighted material of lnsurance Services Office, lnc., with its permission.BP79 96 09 16 Page 1 of 4
N
2. Paragraph D.2. Liability And Medical Expenses Limits Of lnsurance is replaced by the following:
The most we will pay under this endorsement for the sum of all damages because of all "property
damage" to premises while rented to you or temporarily occupied by you with the permission of the
owner is the Limit of lnsurance shown in the Declarations.
3. Paragraph D.3. Liability And Medical Expenses Limits Of Insurance does not apply.
C. Incidental Medical Malpractice lnjury
1. Paragraph (4) under Paragraph 8.1j. Exclusions - Applicable To Business Liability Goverage - Profes-
sional Seryices does not apply to "lncidental Medical Malpractice lnjury" coverage.
2. With respect to this endorsement, the following is added to Section F. Liability And Medical Expenses
Definitions:
a. "lncidental Medical Malpractice lnjury" means bodily injury arising out of the rendering of or
failure to render, during the policy period, the following services:
(1) Medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or
beverages in connection therewith; or
l2l The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances.
b. This coverage does not apply to:
(1) Expenses incurred by the insured for first-aid to others at the time of an accident and the
Duties in the Event of Occurrence, Offense, Claim or Suit Condition is amended accordingly.
(21 Any insured engaged in the business or occupation of providing any of the services described
under a. above.
(3) lnjury caused by any indemnitee if such indemnitee is engaged in the business or occupation
of providing any of the services described under a. above.
D. Mobile Equipment
Section G. Who ls An lnsured is amended to include any person driving "mobile equipment" with your
permission.
E. Blanket Additional lnsured (Ownerc, Gontractors Or Lessorc)
1. Section G. Who ls An lnsured is amended to include as an insured any person or organization whom
you are required to name as an additional insured on this policy under a written contract or written
agreement. The written contract or agreement must be:
a. Currently in effect or becoming effective during the term of this policy; and
b. Executed prior to the "bodily injury", "property damage", or "personal and advertising injury".
2. The insurance afforded to the additional insured is limited as follows:
a. The person or organization is only an additional insured with respect to liability arising out of:
(1) Real property, as described in a written contract or written agreement, you own, rent, lease,
maintain or occupy; and
(21 Caused in whole or in part by your ongoing operations performed for that insured.
b. The Limit of lnsurance applicable to the additional insured are those specified in the written
contract or written agreement or the limits available under this policy, as stated in the Declara-
tions, whichever are less. These limits are inclusive of and not in addition to the Limit of lnsurance
available under this policy.
c. The insurance afforded to the additional insured does not apply to:
(1) Liability arising out of the sole negligence of the additional insured;
l2l "Bodily injury", "property damage", "personal and advertising injury", or defense coverage
under the Supplementary Payments section of the policy arising out of an architect's, en-
gineeds or surveyor's rendering of or failure to render any professional services including:
o ZOtOLiberty Mutual lnsurance
lncludes copyrighted material of lnsurance Services Office, lnc., with its permission.BP 79 96 09 16 Page 2 of 4
(a) The preparing or approving of maps, shop drawings, opinions, reports, surveys, field
orders, change orders, or drawings and specifications; and
(b) Supervisory, inspection, architectural orengineering activities.
(3) Any "occurrence" that takes place after you cease to be a tenant in the premises described in
the Declarations; or
(4) Structural alterations, new construction or demolition operations performed by or for the
person or organization designated in the Declarations.
3. Any coverage provided hereunder shall be excess over any other valid and collectible insurance avail-
able to the additional insured whether primary, excess, contingent or on any other basis unless a
contract specifically requires that this insurance be primary or you request that it apply on a primary
basis.
F. Newly Formed Or Acquired Organizations
The following is added to Section C. Who ls An Insured:
Any business entity acquired by you or incorporated or organized by you under the laws of any individual
state of the United States of America over which you maintain majority ownership interest exceeding fifty
percent. Such acquired or newly formed organization will qualify as a Named lnsured if there is no similar
insurance available to that entity. However:
1. Coverage under this provision is afforded only until the 180th day after the entity was acquired or
incorporated or organized by you or the end of the policy period, whichever is earlier;
2. Section A.1. Business Liability does not apply to:
a. "Bodily injury" or "property damage" that occurred before the entity was acquired or incorporated
or organized by you; and
b. "Personal and advertising injury" arising out of an offense committed before the entity was ac-
quired or incorporated or organized by you.
3. Records and descriptions of operations must be maintained by the first Named lnsured.
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 lnsured in the Declarations.
G. Aggregate Limits
The following is added to Paragraph D.4. Aggregate Limits Liability and Medical Expenses Limits Of
lnsurance:
1. The Aggregate Limits apply separately to each of the "locations" owned by or rented to you or
temporarily occupied by you with the permission of the owner.
2. The Aggregate Limits also apply separately to each of your projects away from premises owned by or
rented to you.
For the purpose of this endorsement only, "location" means premises involving the same or connect-
ing lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-
of-way of a railroad.
H. Duties In The Event Of Occurrence, Offense, Claim Or Suit
1. Paragraph E.2.a. Duties ln The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical
Expenses General Condition applies only when the "occurrence" is known to any insured listed in
Paragraph G.l. Who lsAn lnsured or any "employee" authorized by you to give or receive notice of an
"occurrence" or claim.
2. Paragraph E.2.b. Duties ln The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical
Expenses General Condition will not be considered breached unless the breach occurs after such claim
or "suit" is known to any insured listed under Paragraph G.1. Who ls An lnsured or any "employee"
authorized by you to give or receive notice of an "occurrence" or claim.
@ 2016Liberty Mutual lnsurance
lncludes copyrighted material of lnsurance Services Office, lnc.,with its permissionBP 79 96 09 16 Page 3 of 4
l. Section F. Liability And Medical Expenses Definitions is modified as follows:
1. Paragraph F.3. is replaced by the following:
3. "Bodily lnjury" means bodily injury, sickness, disease, or incidental medical malpractice injury
sustained by a person, and includes mental anguish resulting from any of these; and including
death resulting from any of these at any time.
2. Paragraph F.9. is replaced by the following
9. "lnsured contract" means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of prem-
ises that indemnifies any person or organization for damage by fire to premises while rented
to you or temporarily occupied by you with permission of the owner is not an "insured
contract";
b. A sidetrack agreement;
c. Any easement or license agreement, except in connection with construction or demolition
operations on or within 50 feet of a railroad;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection
with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to your business (including an indem-
nification of a municipality in connection with work performed for a municipality) under which
you assume the tort liability of another party to pay for "bodily injury" or "properg damage"
to a third person or organization, provided the "bodily injury" or "property damage" is
caused, in whole or in part, by you or by those acting on your behalf. However, such part of a
contract or agreement shall only be considered an "insured contract" to the extent your
assumption of the tort liability is permitted by law. Tort liability means a liability that would be
imposed by law in the absence of any contract or agreement.
Paragraph f. does not include that part of any contract or agreement:
(,|) That indemnifies a railroad for "bodily injury" or "property damage" arising out of con-
struction or demolition operations, within 50 feet of any railroad property and affecting
any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing;
l2l That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opin-
ions, reports, surveys, field orders, change orders or drawings and specifications; or
(b) Giving directions or instructions, or failing to give them, if that is the primary cause of
the injury or damage; or
(3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an
injury or damage arising out of the insured's rendering or failure to render professional
services, including those listed in (2) above and supervisory, inspection, architectural or
engineering activities.
3. Paragraph F.14.b. Perconal And Advertising Injury is replaced by the following:
b. Malicious prosecution or abuse of process;
@ 2016Liberty Mutual lnsurance
lncludes copyrighted material of lnsurance Services Office, lnc., with its permissionBP79 96 09 16 Page 4 of 4