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HomeMy WebLinkAboutPK09-195 - Original - Berger/Abam Engineers, Inc. - Lake Fenwick Park Dock Replacement - 06/11/2009-) ecor dsM em 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. ?>un WE 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'): t 1. 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 *L^ ^AA-^^^^^ ^+ +ti^ ^AA-^-- alala/ in l-hie Aaraaman{- nr crrnh nthar rrlrlracc ac mav haLl lE cluul EJJSE ctl. Lt lE; (ILl\jt LJJ JLULLV il r Ll rrJ ^vr Ler r rvr rL vr Juvr I vlr lLr quvr vrJ vr I I rv t 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