HomeMy WebLinkAboutPK09-195 - Original - Berger/Abam Engineers, Inc. - Lake Fenwick Park Dock Replacement - 06/11/2009-)
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KENT
WasHtNG?oil
Vendor Namer
Documen
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
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Vendor Number:
.3
JD Edwa s Num ber
Contract Number:
This is assigned by City lerk's Office
Project Name:Lak FArtw,Y-P Dx-F-
donvacrDescription: n Interlocal Agreement n Change Order ! Amendment
E Other:
Contract Effective Dater Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
?L'fContract Manager:Departmentr
Detailr (i.e. address, location, parcel number, tax idr etc'):
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S: Public\RecordsManagement\Forms\Contractcover\adcc7832 | 1U08
KENT
WasHtNGToN
CONSULTANT SERVICES AGREEM ENT
between the City of Kent and
Bergerl Abam Engineers Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Berger/Abam Engineers Inc. organized under the laws of the State
of Washington, located and doing business at 33301 gth Ave S #300, Federal Way, WA 98003
P: 206-431-2300, F: 206-43L-2250 (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
Prepare construction documents for the demolition and replacement of the floating
docks at Lake Fenwick Park in Kent, Washington as described in the consultant's
proposal dated March 20,2009 attached and incorporated as Exhibit A.
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The pafties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Upon the
effective date of this Agreement, Consultant shall complete the work described in Section I by
July 1, 2009.
III. COM PENSATION.
The City shall pay the Consultant, based on time and materials, an amount not to
exceed Twenty-Nine Thousand Seven Hundred Dollars ($29,700) 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
CONSULTANT SERVICES AGREEMENT - 1
(Over $10,000)
A.
B
Agreement. The u,cy shall provide payment within for uy-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
, IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
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.
Tl^^ F^--..1!--! l-^^ -^-:-!--- i :L- L. --:- -- r - -r- r- r! -r r ,I ils r-ut tsutLdilL ilcts rEgrsLer cu rL5 uusilte55 dilu eSLdultslleu an account wltn
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either pafty may terminate this Agreement, with or without
cause, upon providing the other pafty thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
Opportunity Policy Declaration, Comply with City Administrative Policy L.2, and upon completion
of the contract work, file the attached Compliance Statement.
CONSULTANT SERVICES AGREEMENT - 2
(Over $10,000)
c
D
EL
F
\\VII. INDEMNIFICA.-bN, Consultant shall defend, i,,,bmnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION, THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City's request. The City's use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
CONSULTANT SERVICES AGREEMENT - 3
(Over $10,000)
XIII. MISCELLANEOU5 /ROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means 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 pafty shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
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hereafter speciiieci in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
CONSULTANT SERVICES AGREEMENT - 4
(Over $10,000)
I. Counterparts. This Agreement may be executed in any number of counterpafts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT:
By t,44t A@&
Print Name:
Its
EI ?olt
DATE:
(titte)3 lor'-L 7,.oo9
CITY OF KENT:
By:
(signature)
Pri m
DATE //-
NOTICES TO BE SENT TO:
Elmer W. Ozolin
Berger/Abam
333019AveS#300
Federal Way, WA 98003
2O6-43t-2 300 (telephone)
206-43L-2250 (facsi m i le)
CONSULTANT:
NOTICES TO BE SENT TO:
Garin Lee
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5131 (telephone)
(253) 856-6120 (facsimile)
CITY OF KENT:
ED O FORM:
e
AP
Lake Fenwlck Floatjng Dock Replacement
CONSULTANT SERVICES AGREEMENT - 5
(Over $10,0O0)
1
2
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
resoonse 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:
I have read the attached City of Kent administrative policy number 1.2.
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.
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 oppoftunity
^*^t^.,^-Eil rPr\ryEr ,
During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
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.
Dated this *h,)ol day of Apr;L ,2009.
By
For:
3
4
5
Title: VtcC eSr'd,cnf
eDate:
EEO COMPLIANCE DOCUMENTS - 1
?
)CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: L.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, musttake 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 depaftments.
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
(date), between the firm I re present 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.
Dated this _ day of 2009
By
For:
Title:
Date:
that was entered into on the
EEO COMPLIANCE DOCUMENTS - 3
) EYh;b'"* A
BERGER/ABAM ENGINEERS INC,
33301 Ninlh Avenue South . Suite 300
Federal Way, Washington 98003.2600
206/431-2300 ' FAX 206/431.2250
www,abam.com
tsERGER/AtsAfvl
PLANNING
ENGINEERING
E N V IR O N M E N TA L
PROGRAM MANACEMENTENGINEEHS INC
Subject:
\r4*
20 March 2009
Mr. Garin Lee
Parks Maintenance Construction Crew
City of Kent
5821South 2(}thStreet
Kent, \^/A 98032
Proposal for Professional Engineering Services
Replacement of the Floating walkway and Fishing Float at Lake Fenwicke
Dear Mr. Lee:
BERGER/ABAM Engineers Inc. is pleased to be given the opportunity to assist the City of Kent in
replacement of the floating walkway and fishing float on Lake Fenwicke in the City of Kent. The
Purpose of the project is to replace the existing deteriorated float systems with a floating
walkway and fishing float of similar size in the same location. BERGER/ABAM's proposed scope
of work described below is based upon your meeting with Louis Klusmeyer on 2l January 2009
at the site.
SCOPE OF SERVICES
The Cify of Kent has determined that replacement of the floating walkway and fishing float is
required because of the loss of floatation and freeboard due to age-related deterioration. The
intent is to replace these with similar floating systems in the same location and with the sarne or
very similar dimensions. The existing floats are anchored by abutments where they meet the
shore and by anchors in the lake; The existing floating walkway has a short bridge flrat ma;' o1
may not be replaced in-kind. The Cify of Kent will prepare and obtain permits for the project and
BERGER/ABAM will prepare construction documents for the demolition and replacement of the
floats.
Drawings for the floats will include plans to control the dimensions, overall size, location, and
means of securing the floats and bridge, if desired in position on the lake. They will also include
sufficient detail to control the level of quality desired for the float system. Figures suitable for
permit submittals will be provided upon request. Performance specifications for the float system
will be provided to allow different float designers and manufacturers to propose their
proprietary system to obtain a lower cost system. Technical specffications for other items, such as
demolition and any grading or other work, will be provided. Bid period and construction
support services are not included at this time. We anticipate providing an estimate for those
services at the time of bidding.
t
Mr. Garin Lee
20 March 2009
Page2
We understand that neither geotechnicaf bathymetric, nor topographic inJormation is available
for the site. We do not anticipate that geotechnical information will be required for this project
and have not inciuded *y costs for obtaining it. We understand that the City of Kent will
provide the following.
A topographic survey of the surrounding area and soundings of the lake at the perimeter of
rf-.-.. -..-.-!-tr-, n, t !l r 1 t1 /1 t1 ' \ a 'l I ture exrsfrn8 rloars r() provrcre warer qeprns (Daulymetry) IoT tne laKe
Front end, Division 0, and Division 1- specifications in electronic form for incorporation into
+Lo l-iJ ^o.Lo-^
Temporary erosion and sedimentation control notes and details on a drawing sheet(s) for
insertion in the plan set
SCHEDULE
We propose to provide submittals at 60 and 90 percent and bid ready levels of completion" and
estimate that the 60 percent submittal can be provided within 4 weeks of a notice to proceed and
receipt of the survey information. The 90 percent submittal can be provided within 3 weeks of
receipt of the CtW's 60 percent comments, and the bid ready submittal can be provided with
1 week of receipt of the City's 90 percent comments.
FEE E'?If,'I?ErEE EJ i T'f'A T E
We propose to perform the work on a time-and-materials basis for an estimated fee of $29,700
(Twenty-Nine Thousand Seven Hundred Dollars). Our detailed estimate and billing rates for
engineering services are as shown on the attached Staff Hour Summary, and BERGER/ABAM's
Standard Time and Expense Charges are also attached. We will not exceed the above authorized
amount without your prior approval.
CLOSING
We look forward to rvorking with you on this project. I'Iease cail me atZ06l+3i-2300 if you
should have any questions regarding this proposal.
Sincerely,
furr--U
Elmer W. Ozo1in,
Vice President
EWO:LAK:lIt
Attachments
Staff Hour Summary
BERGER/ABAM Standard Time and Expense Charges
))
Recreation & Community Services
lacement of floating walkay on Lake Fenwicke
ERGER/ ABAM - STAFF HOUR SUMMARY
.4.9.h",.=i._,<it!
.:
BERGER/ABAtvl
EN6INEERS IIIC
@'
Date: 20 March 2009
Item
Project
Manager
$1 s4
Project
Engineer
$140
Engineer
$120
Assoc.
Planner
$77
Tech/
Drafter
$90
Admin/WP
$81 Totals
Contract Administration 4 2 $778
Control 12 1 $1,929
Desiqn and Construction Documents
Coordination with survevors 4 $61 6
4 4 $1.096
Develop Basis cf Design (coCes and
Ioads)4 12 $2,056
Drawinqs
Cover SheeVDrawinq lndex 2 4 8 $1.s08
TESC Notes and Details (from Citv)2 2 $420
General Notes and Site Plan 4 8 16 $3,016
Demolition Plan & Notes 4 8 12 $2,656
Float Plans and Elevation 4 16 16 $3,976
Float and Abutment Details 4 16 24 $4,696
Specifications (Technical Only)8 26 4 $4.676
Cost Estimate 2 12 $1.748
Environmental Permits and Forms To br ;ity of Kenl
JARPA
SEPA Checklist
Shorelines Exemption
(Note: Labor rates include ou"r6e66 + profit)
Total Hours:
Labor Cost:
56
$8,624
108
$12,960
78
$7,020
7
$567
249
$29,1 71
$8,624 $12,960 $7,020 $567 $29,171Subtotal Labor
Sub-Consultants
Subtotal:
8% Markup:
Total Sub-Consultants:
4
4
20
2
Expenses:
00/
LocalTravel - 20 miles/ea way
Field
$1 00
$1 00
$66
$25 / Each
$25 / Each
$0.550 / Mile
Subtotal:
$47
Total es:
Subtotal and
TOTAL COST $29,684
say, $29,700
z&,
EERGER/ABNI4Eil0INEERS t!C
STANDARD TIME AND EXFENSE CHARGES
Subject to BERGER/ABAM's Standard Terms and Conditions
Personnel Categories
Project Manager/Senior Specialist
(Grades VII througl'r IX) .............
Project Engineer (Grades V and VI)
Senior Engineer (Grade IV) ............
Design Engmeer (Grade-s I through Itr)
Scientists, Planners, and Environmental Specialists .
Te chnician/Drafter/Pro duction Engineer
Project Adminisfration and Technical Support
Underwater lnspection
Crew, Three Persons (including dive equipment except as noted below)
Crew, Four Persons (including dive equipment except as noted below) .
Underwater Camera
Ultrasonic Thickness Gauge
Work Boats
2L-Foot Dive Boat and Motor
Work Skiff and Motor
Canoe
w"
Hourly
Billing Rates(r)
$160 - $37s
$120 - $170
$10s - $130
$80 - $120
$75 - $180
$75 - $165
$50 - $165
Daily
Billing Rates
$4,800t21<g)
$5,600<zlt+l
$55
$5s
Daily
Billing Rates
$250
$125
$75
Amount
Cost Plus 10%
Use Raie Pius 10%
Cost PIus L0%
Project-Related Expenses
Reimbursable Expenses .,
Computer/CADD
Subconsultants/Subconkactors ...
(1) Bitling rates are adjusted annually effective 1 July based on individual salary increases.
(2) Mobilization/demobilization and report preparation are considered separately and are
performed at our standard rates.
(3) Surface-supplied air.
(4) Based on OSHA requirements for SCUBA
Revised 2 January 2009
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEM ENTS
fnsurance
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.
4. Professional Liability insurance appropriate to the
Consultant's profession.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
EXHIBIT B (Continued )
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
Iimits no less than $1,000,000 each occurrence, 92,000,000general aggregate and a $1,000,000 products-completed
operations aggregate limit.
3. Professional Liability insurance shall be written with limits no
less than 91,000,000 per claim and 91,000,000 policy
aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the followingprovisions for Automobile Liability and commercial General Liability
insurance:
1. The Contractor's insurance coverage shall be primary insurance as respectthe.city. {ny Insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractbr's insuranie and
shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shallnot be cancelled by either pafty, except after thirty (30) davs prior
written notice by certified mail, return receipt requeited, has lieen 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 oi on behalf
of the contractor .and ? copy of the endorsement naming thd city as
additional insured shall be attached to the Ceftificate of Insuranie. The
City reserves the right to receive a certified copy of all required insurancepolicies, 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 tb'the
I I
EXHIBIT B (Continued )
additional insured_endorsement, evidencing the insurance requirements ofthe 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.
8ER50325
ACORD^ CERTIFIGATE OF LIABILITY INSURANCE
COVERAGES
DATE (MM/DDTYYYYI
4t30t2009
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
INSURERS AFFORDING COVERAGE NAIC #
PRoDUGER Commercial Lines - (206) 701-5000
Wells Fargo lnsurance Services; CA Lic. #0531007
PO Box 91 143
Seattle, WA 98111
21970TNSURERA: oneBeacon lnsurance company
19437|NSURERB: Lexington lnsurance company
INSURER C:
INSURER D:
Berger/Abam Engineers, lnc.
33301 9th Ave S.
Federal Way, WA 98003
INSURED
INSURER E:
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
[t-nITR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE
NATF IMM/NNTYY}
POLICY
DATE
EXPIRATION
IMM/DD/YYI LIMITS
A GENERAL LIABILIW
X COMMERCIAL GENERAL LIABILIry
CLAIMS MADE OCCUR
X WA Stop Gap
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY X LOC
X
71 001 9458 05/0'l/09 05t01110 EACH OCCURRENCE $1,000,000
DAMAGE TO RENTEDPPtrMlStrS /tr. ^^.rrr.an.a\$'1,000,000
MED EXP (Anv one psrson)$10,000
PERSONAL & ADV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
PRODUCTS - COMP/OP AGG $2,000,000
Employer's Liabllity 1,000,000
A AUTOMOBILE LIABILITY
X ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
X
x
710019458 05/01/09 05101110 COMBINED SINGLE LIMIT
(Ea accident)$1,000,000
BODILY INJURY
(Per person)$
BODILY INJURY
(Per accident)$
PROPERry DAMAGE
(Per accident)$
LIABILITY
ANYAUTO
AUTO ONLY . EA ACCIDENT $
OTHER THAN
AUTO ONLY:
EAACC
AGG
$
EXCESS/UMBRELLA LIABILITY
OCCUR CIAIMS IVIADE
DEDUCTIBLE
RETENTION
EACH OCCURRENCE $
AGGREGATE $
$
s
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/I\4EMBER EXCLUDED?
lf yes, descibe under
SPtrnlAl PRO\/IRl6NC hal^w
WC STATU.
TOPV I I[IITS
IOIH.
E.L. EACH ACCIDENT $
E,L. DISEASE - EA EMPLOYEE $
E.L. DISEASE. POLICY LIMIT $
B
OTHER
Professional Liability 2/5 7878156 07t01t08 07tj'U09 $2,000,000 Each Claim / $5,000,000 Agg
$225,000 Ded per claim.
DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
RE: SAWAT09'164. Clry OF KENT DEMOLITION AND REPLACEMENT OF FLOATING DOCKS AT LAKE FENWICK PARK lN KENT, WASHINGTON
PROJECT,
CIry OF KENT IS PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED UNDER GENERAL LIABILIry AND ADDITIONAL INSURED UNDER
AUTOMOBILE LIABILITY AS RESPECTS THEIR INTEREST IN THE INSURED OPERATIONS OF THE NAMED INSURED PER THE ATTACHED
COVERAGE FORM. AGGREGATE LIMITS OF INSURANCE PER PROJECT APPLIES PER ATTACHED FORM. SEPARATION OF INSUREDS CLAUSE
APPLIES. DJT
ACORD 25 (20ul0el 1 of 2
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WLL ENDEAVOR TO MAIL _1_ OIVS WEITTCI
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
PFPRFSFNTATIVFS
City of Kent
Attn: Tony Donati, Parks and Open Space
220 4th Avenue South
Kent, WA 98032-5895
(This certificate replaces certificate# 486406 issued on 41812O09)
en
@ ACORD CORPORATION 1988
IMPORTANT
lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
lf SUBROGATION lS WAIVED, subject to thetermsand conditionsof thepolicy,certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
haldar in liar r nf cr rnh andnrcamanf/c\
DISCLAIMER
The Certificate of lnsurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon
ACORD 25-S (2001/08) 2 ol2 #s91 5260/M91 5043
White, Tammy
From:
Sent:
To:
Subject:
Hills, Chris
Tuesday, June 09, 2009 9:25 AM
White, Tammy; Lee, Garin; Donati, Tony
RE: lnsurance lssue--Berger Abam Re: Lake Fenwick
Tammy is correct (thanks, Tammy!), I should not have asked for Products-Completed Ops for the Consultant... Sorry for
any confusion there.
Chris
From: White, Tammy
Sent: Tuesday, June 09, 2009 9:09 AM
To: Lee, Garin; Donati, Tony; Hills, Chris
Subject: Insurance Issue--Berger Abam Re: Lake Fenwick
Garin and Tony, for the contract with Berger/Abam for work on the Lake Fenwick walkway and
fishing float, we need a new Certificate of Insurance which evidences current coverage, The
Certificate attached to the contract provides that the Comml Genl Liability and Auto Liability
coverages expired on May L,2009.
Also, the insurance Exhibit B provides that Berger/Abam is to provide products-completed
coverage, However, since Berger/Abam is a consultant who will prepare construction
documents, I don't believe the products-completed coverage applies to it and I think Chris can
waive this requirement. Chris, is that correct?
Thanks.
Tammy Larson-White I Legal Analyst
City of Kent Law Department lG 253.856.5774 | F 253.856.6770
220 Fourth Avenue South I Kent, WA 98032 | N tlwhite@ci.kent.wa.us
This message is private and privileged. If you are not the person for whom this message was intended, please delete it and notify
me immediately, and please do not copy or send this message to anyone else.
1
)
POLICYNUMBER: 71001e458
COMMERCIALAUTO
ISSUE DATE:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi-
fied by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who ls An lnsured Provi-
sion of the Cwerage Form. This endorsement does not alter coverage provided in the Coverage Fom.
SCHEDULE
Name of Person(s) or Organization(s):
City of Kent
Attn: Tony Donati, Parks and Open Space
220 4th Avenue South
Kent, WA 98032-5895
(lf no entry appears above, information required to mmplete this endorsement will be shown in the Declarations
as applicable to the endorsement.)
Each person or organization shovun in the Schedule is an "insured" for Liability Coverage, but only to the extent
that pirson or organization qualifies as an "insured" under the Who ls An lnsured Provision contained in Section
ll of the Coverage Form.
cA 20 48 02 99 Copyright, lnsurance Services Office, lnc., 1998 Page 1 of 1
THIS ENDORSEMENT CI-IANGES THE POLICY. PLEASE READ IT CAREFULLY.
@VANTAGE FOR GENERAL LIABILITY
This endorcement rnodifies insurance provided under the following:
CCIMMERCIAL GENERAL LIABILITY COVERAGE FORM
The following schedule lists the coverage extensions provided by this endorsement. Refer to the individua! provi-
sions to delermine the extent ol your coverage.
SCHEDULH OF COVERAGE EXTENSIONS
1 lnsured orm Vendors2. Additional lnsured - by Contract, Agreement or
Permit relating to:
o Work performed by you
o Premises you own, rent, lea6e or occupyo Equipment you lease3. Aggtegate Limit Per Location4. Blanket Waiver of Subrogation5. Bodily lnjury Redefined- MentalAnguish6. Broadened Named lnsured?. Broadened Property Damageo Borrowed Equipmento Customers'Goodso Use of Elevators
8. Broadened Property age Rented Premises9. Goverage Tenltory - Worldwide
10. DuUes in Ev-ent of Clccurrence, Claim or Suit
11. Expected or lntended lnjury (PD)
"t2. lncidental Medical Malpractice
13. MedicalPayments
14. Mobile Equipmeni Redofined
15. NewlyAcquired or Formed Organizations
16. Non-Owned Aircraft
'17. Non-Owned Watercraft
18. Personal and Advertising lnjury
19. Product Recall Fxpense
20. $upplementary Payments lncreased Limits
F
1. ADDITIONAL INSURED - BROAD FORM VENDORS
Section ll- Who ls An lnsured is amended to inelude as an additional insured any person(s) or organization(s)
(referred to below as vendor) with whom you agreed in a written contract or agreement to providL insurance,
but only with respect to "bodily injlry" or "property darnage" arising out of "your prcducts" which are distributed
oi soid in ihe teguiai.uoursc oi tire vencior's i:usiness, subject io ihe ioiiowing arkiitionai exctusions:
a. This provision 1. does not apply to:
{1f "Bodity injury" or "property damage" for which the vendor is obligated to pay damages by reason of the
assumption of liability in a contract or agreement- This exclusion does not apply to liability for damages
that lhe vendor would have in the absenee of the contract or agreement;
{2f Any exprese waranty unauthorized by you;
{3} Any physical or chemical change in the product made intentionally by the vendor;
(4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, lesling or the
substitufion of parts under instructions from the manufacturer, and then repackaged in the original
container;
(5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make
or normally undertakes to make in the usual course of business, in connection with the distribution or
sale of the products;
{6} Demonslration, installation, servicing ot repair operations, except such operations performed at the
vendor's premises in connection with the sale of the product;
{7) Producls which, after distribution or sale by you, have been labeled or relabeled ol used as a container,
part or ingredient of any other thing or substance by or for the yendor; or
(8) "Bodily injury" or "property damage" arising out ol the sole negligence of the vendor for its own acts or
omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does
not apply to:
(a) The exceptions contained in Subparagraphs 4. or 6.; or
{b) Such inspections, adjustments, tesb or servicing as lhe vendor has agreed to make or normally un-
dertakes to make in the usual course of business, in connection with the disiriburtion or sale of ffre prod-
ucb.
lncludes copyrighted materialof lnsurarrce Services Office, lnc.
Copyright 2004, OneBeacon lnsurance Group
PRODUCER
\rcc 20s 02 05 Page 1 of7
)t
{9} Any per$on or organization if the "products-compleled operations hauald" is excluded either by the pro-
visions of the Coverage Form or by endorsernent.
b. This insurance does nol apply to any insured person or organization, from whom you have acquired suchproducts, or any ingredient, part or container, entering into, iccornpanying or containing such products.
2. ADDITIONAL INSURED _ CONTRACT, AGREEMENT OR PERMIT
a. Sestion ll - Who ls An lnsured is amended to include as an additionalinsured any pcrcon{s) or organiza-
tion(s) with whorn you agreed in a written contrait, written agreement or permit to"pioviAe inlur.nJ"
"u*f,as is afforded under this Coverage Part, but only with respeit to liability for 'bodily'injury", "property O"rn-
age" or "personal and advertising injury" eaused, in whole or in part, by your acts oiomissions orihe acts or
omissions of those acting on your behalf:
1. ln the performance of "your work" for the additional insured(s) at the location designated in the contract,
agreement or Bermit; or
2. ln thc maintenance, operation or use of equipment leased to you by such person(s) or organization(s),
or
3. ln connection with premises you own, rent, lease or occupy.
This insurance applies on a primary or primary and non-contributory basis if that is required in writing by the
contract, agreement or permil.
b. The insurance provided to the additional insured herein is limited. This insurance does not apply:
1. Unless
{al the written contract, agreement or permit is currently in effect or becomes effective during the lerm
of this policy; and
{b) the contract or agreement was execuled or permit issued prior to the "bodily injury", "property dam-
age", or "persoRal and advertising injury'';
2. To any person or nrganlzatisn included as an insured under the Additianallnsuied - Broad Form Ven-
dors provision of this endorsement.
3. T9.*ny pgfton or org*nization included as an insured by an endorsement issued by us and made part
of this Cov*rage part;
4' Jo lny person or organization if the "bodity injury", ''property damage", or "petsonal and adverrising in-jury" arises out of lhe rendering of or failure to rendei any profeJsional architectural, engineerin! or
surveying seruices by or for you including:
{a} The Rrep*a{ng, approving, or failing lo prepare oJ approve, maps, shop drawings, opinions, reporb,
silrveys, field orders, change orders or drawings and specifications; or
(b) Superviso ry, inspection, a rchitectura I or engineering aclivities.
5. To any:
{a} Lessor of equipment after the equipment lease expires; or
(bl Ownerc ar other interests from whom land has been leased; or
(c) Managers or lessors of premises if:
(1) The "occurrence" takes place after you cease to be a tenant in that premises; or
{2} The "bodily injury", 'property damage", "per$onal and advertising injury" anlses out of structural
alterations, new construction or demotition operations performed by or on behalf of the man-
aget or lessor.
6. To "bodily injury, or "proper$ darnage" occurring after:
{a} All work on lhe project (other thari s*rvice, maintenance or repairs) to be performed by or on be-
half of the additional insured at the site of the covered operations has been completed; or
(b) That portion of "your work" out of wnich the inJury or damage arises hss been put to its intended
Use by any person or organization other than another contracior or subconhactor engaged in per-
forming operations for a principal as part of the same project,
c. Limits of lnsurance applicable to the additional insured are those specified in the contract, agreement or
permit or in the Declarations of this policy, whichever is less, and fix the most we will pay regardless of the
number of:
1. lnsureds;
lrcltdes copyrighted materialof lnsurarce Sewtices Offce, lnc.
Copyright 20O1, OneBeacon lnsurance Group
?age2cf7 vcG 205 02 05
2. Claims rnade sr "suits" brought; or
3. Persons or organiz*tions making claims or bringing "$uits,'.
These Limits of lnsurance are inctusive of and not in addition to the Limits ef lnsurance shown in the Decla-
rations.
3. AGGREGATE LIMIT PER LOCATION
a. Under $ection lll - Limits of lnsurance, the General Aggregate Limit applies separately to each of your
"localions" awned by or rented or leased to you.
b, Under Section V - Definitions, the foltowing definition is added:
"Location' means premises involving the same or connecling lots, or prernises whose conneciion is in-
terrupted only by a street, roadway, watennray or right-of-way of a railroad.
4. BLANKET WAIVER OF SUBROGATION
Section lV -Transfer of Rights of Recovery Against Others to Us Condition is arnended to add the following:
'vTe wiii waive any righi oi recovery we may have againsl any person or organization becauss of payments wemske for injury or damage arising cut of your ongoing operations done unter a written contract or igreement
with that pelson or organization'and included in "your work" orlhe "product*-completed operations:hazard".
This-waiverappliesonlyto percons or organizationswith whom you have a written contract, executed priorto
the "bodily injury" or "property damage", that requires you to waive your rights ol recovery.
5. BODILY INJURY REDEFINED - MENTAL ANGUISH
under section v the definition of "bodily injury" is replaced bythe following:
"Bodily injury" means bodlty injury, sickness, or disease sustained by a person, including mental anguish or
death resulting from any o{ these at any time.
5. BROADENED NAMED INSURED
$ection ll * Who ls An lnsured is amended to include as an insured the following:
Any organization which is a legally incorporated entfu in which you own a financial interest sf more than $0percent of the voting stock sn the effective date of this endsrsement will be a Named lnsured until the 1Bgh day
or the end of the policy period, whichever comes first, provided there is no other similar insurance
"vaiirUte
tothat organization.
?L - :.-
.lrre,rrltturarloe anoroeo.nerefn. ooes not apply lo any enti$ which is also an insured under anofrer policy or
r'.ouro oe an lnsuleo uno€r sucn pollcy but for rts termination or the exhaustion of its limihs of insurance.7, BROADENED PROPERTY DAMAGE. BORROWED EQUIPMENT, CUSTOMERS'GOODS AND USE OF
ELEVATORS
The insurance far "property damage" liabiltty is subject to the following:
a. The tlamage To Property exclusion under Section I Coverage A is amended as follows:
1. The exclusion for.personal property in th* care, custody or control of the insured does not apply to"properly damage" to equipment you bonow while al a job site and provided ii is not being used by
anyone to perform aperations at the time of loss.
2. The exclusions for
{a} Property loaned to you;
(b) Personal properg in the care, custody or control of the insured; and
(cl That particllar part of any proper{ry that must be restored , repaired ar replaced because "your
work" was incorrecfly performed on it
do not apply to "plopgrty damage" to "customers' goods" while on your premises nor do they apply to
"property damage" arising from the use of elevators at premises you-own, rent, lease or occupy.
$ubject to the Each Occurrence Limit, the most we will pay fcr 'property daqnage" to "Customers'
Goods" is $?5,000 per "occurrence",
b. Under Section V - Definitions, the following definition is added:
"Customers' Gosds" means goods of your customer on your premises for the purpose of being:
1. Repaired; or
2, Used in your manufacturing procss$.
c. The insurance afforded by this provision is excess over any other valid and collectible property insurance
iinciuding any deductiblei available to the insured whether such insurance is primary, excess, contingent or
vcG 205 02 05 lnclud€s coyighted material of lnsurane $ervbes offce, lnc. page 3 of 7
Copyright 2004, OneBeacon lnsurance Group
)1
on any other basis. Any paymen-ts by us will follow tha Other lnsurance - hxcess provi$ions in the COM-
MERCIAL GENFRAL LIA8ILITY CONDITIONS.
8. BROATTENED PROPERTY DAMAGE - RENTED PREMISES
a. ln the Damage To Property exclusion under Eection I Coverage A, the exclusion for "proparty damage' to:
Property you own, rent or sccupy;
does not apply to real property you rent or temporarily occupy with permission of the owner.
b. ln $ection lll - Limits Of lnsunance, fre Damage Ts Premises Rented To You Limit is amended as foflows:
$ubject to the Each Occurrence Limit, $500,000 is the most we wilt pay under Coverage A for damages
because of "property damage" to any one premises while rented to you dr occupied by y6u with permission
of the owner. lf any amount other than $500,000 is shown in the Deilarations ai the liamage To premises
Rented To You Limit, the amount shown in the Declarations will replace $500,000 as the Limit of lnsurance
provided for this coverage.
c. The insurance afforded by this Frovision 8, is excess over any other valid and collectibte property insurance. (including any deductible) available to the insured whether such insurance is primary, excess, contingent or
on any other basis. Any payments by us will follow the Other lnsurance - Excess lnsurance piorisionJ in the
COMMERCIAL GENERAL LIABILITY CONDITIONS,
9. COVERAGE TERRITORY.WORLDWDE
The definition of "eoverage territory" is r*placed by the following:
"Coverage territory" means anywhere. However, the insured's responsibili$ to pay damages must be
determined in a settlement we agree to or in a "suit" on the merits brought within ifre Unitlo States of
America {including its territories and possessions), Puerto Rico or Ganada.
10. DUTTES IN THE EVENT OF OCCURRENCE, OFFENSE, CLATM OR SU|T
Section lV -. Duties ln The Event Of Occurrence, Claim or Suit is amended by adding tre following paragraphs:
a. The requirements that you must
1, notify us of an "occurrence" offense, clairn or ,'stlit,' and
2" send us documents concerning a claim or "suit"
apply only when such "accident" claim, "suii" or "loss" is known to:
1" You, if you are an indMdual;
2. A partner, if you are a partnership;
3' An executive officer of tho corporalion or insurance manager, if you are a corporation; or
4. A manager, if you are a limited liabilfu cornpany.
b' The requirement that you must notifu us a$ $ocn as practicable of an "occurrence* or an offense that may
result in a claim does not apply if you report an "occurrence" to your workers compensation insurer which
later develops into a liabili$ claim for which coverage is provided by this policy. However, as soon as ysu
have definite knowledge that the partieular "occurrence" is a liability itaim iattrei than a workers compensa-
tian claim, you must comply with the Duties ln The Event Of Occurrence, Offense, Claim Or Suit LondL
tipn.
11. EXPECTED OR TNTENDED tNJURy (pROpERTy DAMAGE)
The Expected Or lntended lnjury exclusion under Goverage A Bodily lniury and Property Damage is
replaced by:
'-Bodily injury" or "property damage" exBe*ted or intended from the standpoint of the insured. This exclusion
does not apply to "bodily injury" or "properiy damage" resulling from the use of reasonable force to protect
personS or property.
12. INCIDENTAL MEDICAL MALPRAGNCE. EMPLOYED PHYSICIANS, NURSES, EMT'S AND PARAMEDICS
a. Under Section ll * Who ls An lnsured the paragraph that excludes an employee or volunteer v{orker as in-
sured for "bodily injury" or "personal and advertising injury" arising out of his or her providing or fiiling to
provide professional health care services does not apply to a physician, dentist, nursg, emergency medical
technician or paramedic employed by you if you are not engaged in the business or occupation of providing
medical, paramedical, surgical, dental, x-ray or nursing services,
lndudes copyighted mataialof lnsurarrce Services Office, lnc"
Copyrpht 2004, OneBeacon lnsurance Group
Page4ofT vcc205 M05
b. The insui'ance afforded by this provision is excess ever any other vafid and callectible insurance whether
such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the
Othet lnsurance * Excess lnsurance provisions in the COMMERGIAL GENERAL LiABtLlTy CONDITIoNS.
13. MEDICAL PAYMENTS .INCREASED LIMITS AND flME PERIOD
{. ln the }nsuring Agreement under Ocverage C Medical Payments, the requirement that expenses are in-
curred and reported to us within one year of the date of the accident is changed to three years.
b. The Medical Expense Limit is $10,000 per percon or the amount shown in the Declarations as the Medical
Expense Limit, whichever is greater.
e' This provision.13. does not apply il Coverage C - Medical Payments is otherwise excluded either by the
provisions of the Coverage Form or by endorsemenl.
14, MOBILE EQUIPMENT - $ELF.PROPELLED SNOW REMOVAL, ROAD MAINTENANCE AND STREET
CLEANING EOUIFMENT
The lollowing is added to the',mobile equipment,,definition:
Vehicles maintained primarily for purposes other than the transportation of persons or cargo that are self-propelled vehicles of lessthan 1,000 pounds gross vehicle weightwith the iollowing types-ot permanenfly
attached equipmenl will be considered ,'mobile equipmenf':
a, Snow removal;
b. Road rnaintenance, but not construction or resurfacing; or
c. $treet cleaning.
15. NEWLY FORMED OR AGOUIRED ORGANIZATIONS
Under Section ll - Who ls An Insuredn the time period limitation for nawfy acquired or formed organizations isreplaced by:
Coverage under this provision is afforded only until the end of the current policy period.
16, NON-OWNED AIRCRAFT
a. The Aircraft, A,uto Or Watercraft exclusion under Goverage A Bodily lnjury And property Damage
Liability does not apply to an aircraft that is:
1. Hired, chartered or loaned with a paid crewi and -
2. Not owned by any insured.
b" The insurance afforded by this provision 16, is excess over any other valid and coltectible insurance
{including any deductible or Self lnsured Retention} available to the insured, whether such insurance is pri-
mary, excess, contingent 6r on any other basis. Any payments by us will follow lhe other lnsurance - Lx-
cess lnsurance provisions in the COMMERCIAL GENERAL LtABt[tTy CONDtTtONS.
'17. NON-OWNED WRrenCnart
a. $ection ll 'Who ls An lnsured is amended to include as an insured for any watercraft that is covered by
this policy, any person who, with your e-xpressed or implied consent, either uses or is responsible for the use
of a watercraft. However, no person or organization is an insured with respectto:
1u "Bodily injury" to a co-'employee" of the person operating the watercraft; or
2' "Froperty damage" to property owned by, rented to, in the charge of or occupied by you or the em-
ployer of any person who is an insured under this provision.
b. ln the_exception to the Aircraft, Auto Or Watercraft exclusion under Goverage A Bodily lnjury And prop-
erty Damage Liability, the limitation on the length of a watercraft is increased'to 51 feet.
c. The insurance afforded by this provision 17. is exces$ over any other valid and collectible insurance
(ncluding any deductible or $elf lnsured Retention) avaifable to the insured, whether such insurance is pri-
mary, excess, contingent or on any other basis, Airy paymenls by us will follow the Other lnsurance - Ex-
cess lnsurance provisions in the coMMERctAL GENERAL LlABtLtry coNDtTloNS.
18. PERSONALAND ADVERTISING INJURY
The following is added to the delinition of ;'personar and advertising injury":
Discrimination because of race, crlol creed, national origin, ffge, sex or physical disability, where insurance
lherefore is not prohibited by law, but onty if such discriminition is:
lncludes copyrighted rrlaterial of lnsurance Servi:es Office, lnc.
Copyrighl 2004, OneBeacon lnsurance Group
vc€ sr5 02 05 Page 5 of 7
),
a. not done intentionally by or at the direction of;
ilf the insured; or
(i! any executive officer, director, stoekholder, pariner or member of the insured staff; and
b. not directly or indirectly related to the emplayment, prospective employment or terrnination of employment
ol any person or per$ons by any insured,
The insurance afforded under this provision does not apply to fines or penalties, or that poftion of any award arjudgment caused by trebling or multiplication of actual dbmages under state sr federal law.
This provision does not apply if Coverage 3 - Personal and Advertising lnjury Liability is otherwise excluded
either by the provisions of this coverage Form or by any endorsement.
19. PRODUCT RECALL EXPENSE
a. With reapect to this Provision 19,, the Recall Of Products, Work or lmpaired property exclusion undercoverage A Bodily lnjury And Froperty Damage Liabitity is deleted.
b. The folfowing is added to section lll - Limits of tnsurance section:
1. The Limib of lnsurance shown in the Product Recall Schedule and rufes below fix the most we will pay
regardless of the number of
{a} lnsureds;
(b) "Ccvered recalls" initiated;or .
(c) Number of "your products" recalled.
2. The Product Recall Aggregate Limit is the most we will reimburse you for the sum of a1 "product recall
expenses" incurrsd for all "covered recalls' initiated during the policy period.
3. . $ubject to 2. above, ihe Each Froduct Recall t-imit is the most we will reimburse you for the sum ol ail"pfoduct recall expenses" arising out of any one "coversd recall" for the same defect or deficiency.
Products Recall $chedule
Froduct Recall Aggregate
Limit
Each Froduct Recall Limit
Limits of lnsurance
$s0,000
$25,000
The Limits of lnsurance lor this coverage apply separately to each consecutive annual period and to anyremaining period of less thart 12 months, starting with the beginning of the policy period shown in the Decla-
rations, unless the policy period is extended after issuance for an aOOlUonit perioO of less than I2 months.
ln that case, the additional period will be deemed part of the last preceding period for the prrpo*i oiO"-
termining the Limits of lnsurance.
c. The following is_ edded t0 the Duties ln The Event Of Occurrence, Offense, Claim or $uit pravision
under Section lV - Conditions:
You must see to it-that the following are done in the event of an aetual or anticipated ocovered recall" that
may result in "product recall expense":
1. Give us prompt nstice of any discovery or notification that "your product" must be withdrawn or recalled. ln-
clude a description of "your product" and the reason for the withdrawal or reeall;
2. Cease any further release, shipment, consignment or any other method sf distribution of tike or similarproducts until it has been determined that all such producti are free from defects that could be a cause of
loss under this insurance;
3. As gjten as may be rsasonably required, permit us to inspect "your producl'' that demonstrates the need for
the "scvered recall" and permit us to examine your t'ooks and iecords. Also permit us to take damaged and
undamaged samples of "your producbo for inspection, testing and analysisjand permit us to makJ copies
frorn your books and records;
4. Send us a signed, sworn, proof of loss containing the information we requested to setile the claim. You
must do this within 60 days after our request. We will supply you with the necessary forms; and5. P*rmit us tg examine any insured under oath, white nst in the presence of any other insured and at such
times as may reasonably be required, about any matter relating io this insuranre or your claim, including an
insured's books and records. ln the event of an examination, an insured's answers must be signed.
lncludes copyri;hled material of lnsurance Services Offce, lnc,
Copynlght 2004, OneBeacon lnsurance Group
Page 6of 7 vcc 20s 02 05
d. The following definitions ale added to the Definilions Section:
1. "Ccveled recall" rn€ans a reeall made necessary because the insured or a gov*rnrnent body has deter-
mined that a known or suspected defect, deficiency, inadequacy or dangeroui condition in "your product"
has resulted in or will result in "bodily injury" or ,'property damage,',
2. "Product Recall Expense" means:
(a) The following necessary and reasonable expenses you incur excluslvely for the purpose of recalling
"your product";
{1} For communications, Including radio or tblevision announcements or printed advertisements
including stationery, envelopes and postage;
{2} For shipping the recalled products from any purchaser, distributor or user to the place or pfaces
designated by you;
(3l For remuneration paid to your regular "employees; for necessary overtime;
{4) For hiring additional persons, other than your regular',emtloyees":
{5f lncurred by "employees", including transportation and accnrnmodations;
{6} To rent additional warehouse or $torage $pace; or
{7) For disposal cf "your products", but only to the extent that specific methods of destructjon other
than ihose employed for trash discarding ar disposal are required to avoid "bodily injury" or
"property damage" as a result of such disposal, but
"product recall expenses" does not include costs of regaining your market share, goodwill, revenue or profit.
(b) "Product Recall Expense" does not include any expenses resulting from:
(1) Failure of any product to accomplish ib intended purpose;
(2) Breach of warranties of fitness, quality, durability or performance;
(3f Loss of customer approval, ot ary cost incurred to regain customer approval;
(4f Redistribution or replacement of "ycur product" which has been recalled by like products or substi-
tutes;
(5! Caprice or whim of the insured;
,Al 4 r^niir;^n lilu^l',1^ r^,,-^ l^^- ^J,.,L:-L ---.!--..--r r-'-r.-. --lr, 'rvv'rvruurrrrr\lrttuvsu$clvsrulWllltllclllylllsulCUt\llHWUlllAUlt'ultulltl,KIIOWatnglflCgpuonOl
this insuie nce; and
{7} Recall of "your products" that have no known or suspected defect solely b'ecause a known or sus-
peoted defect in another of "your product$" has been found
20. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS
ln the SUPPLEMENTARY PAYMENT$ - Coverages A and B provision:
a. The limit for the cost of bail bonds is amended to gZ,S00; and
b' The limit for reasonable expenses incurred by the "insured" is amended to $500 a day.
lnclu&s copyrighbd materbl of lnsr.rrance Servioes Office, tnc.
Copgght 200a, OneBeacon lnsurance Group
vcc 205 02 05 Page 7 of 7
) -\)
REQUEST FOR MAYOR'S STGNATURE
Please fill in all applicable boxes
KENT
Dt
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
bIg
t
iP rirft>
Phone (Oriqinator) : x5131Oriqinator: Garin Lee
Date Requiredi'ffiY_ t - \0 - C \Date Sent 4/#49 [o\ B\ b o\
CONTRACT TERMINATION DATEI N/AReturn Siqned Document'toi Tony Donati
DATE OF COUNCIL APPROVAL: N7A. \uxs,ZzVENDOR NAME: Berger/Abam Engineers
Brief Explanation of Document:
For your consideration, the contract with Berger/ABAM Englneers Inc, in the amount of $29,700 tor consulting and design of the Lake
Fenwick walkway and fishing float replacement project. The floating walkway and fishing float at Lake Fenwick park are high use, high value amenities
ln the park systern. As an integral part ofthe trail system at Lake Fenwick the existing walkway provides a loop connection from the southern portlon
of the park to the rest of the park property. The walkway allows park patrons to experience Lake Fenwick from a truly unique perspective, unlike any
other in the entire Park system. The fishing float is regularly used year round by fishermen from the local community and beyond. It is one of only two
floating fishing structures in the park system.
Both built in the late 8O's, the structures are showing their age having served beyond the typical lifecycle of fifteen to eighteen years. Each
has failing floatation and wood walking surface in need of major repairs. Based on evaluations done by stalf and contractors the recommendation to
replace the existing structures was determined to provide the City with the maximum benefit from reinvestment. Other optlons considered were full or
partial replacement of the float system, and full or partial replacement of the wood walkway. Each would allow the walkway anr fishing float to
funcflon for a period of years before requiring significant repairs agaln. In additlon the technology and materlals avallable today with current design
criteria would allow thls structure to function for an estimated twenty to twenty-five years if replaced with a new structure.
Currently funded ln the 2009 CIP plan, the Lake Fenwick walkway and fishing float project wlll start lts initial steps towards completion with
approval oF this contract.
AII Contracts Must Be Routed Through The Law Department
llu
' (This area to be completed by the Law
Law Dept. Com A
t
Received:
Approval of Law Dept.
w l0
ftu$,ttDate Forwarded to
Shaded Areas Io Be Completed By Administration Staff
Received:
///,hf /LW4/,rz*ptfr,o1*4a/ uye't/rt
Recommendations and Comments:
Disposition:
1