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HomeMy WebLinkAbout5.991 Original ContractAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND HAMMOND COLLIER WADE LIVINGSTONE PA PROJECT: TR01 -10 HCWL PROJECT: 09 -20 -002 RELATING TO: THE CITY'S LANDSLIDE REPAIRS THIS AGREEMENT is made and entered into this / day of =C S 2009, by and between THE CITY OF PORT ANGELES, a non - charter code city of the State of Washington, (hereinafter called the "CITY ") and Hammond Collier Wade Livingstone, a Corporation authorized to do business in the state of Washington (hereinafter called the "CONSULTANT "). WHEREAS, the CITY desires to have the CONSULTANT provide planning, design and construction support services relative to landslide repairs; and WHEREAS, the CITY desires to engage the professional services and assistance of a qualified consulting firm to perform on -call engineering services on a Task Order basis (a sample of which is attached hereto as Exhibit "A "), and WHEREAS, the CONSULTANT represents that it is in full compliance with the statutes of the State of Washington for professional registration and /or other applicable requirements, and WHEREAS, the CONSULTANT represents that it has the background, experience, and ability to perform the required work in accordance with the standards of the profession, and WHEREAS, the CONSULTANT represents that it will provide qualified personnel and appropriate facilities necessary to accomplish the work; NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants, and agreements set forth below, the parties hereto agree as follows: I SCOPE OF WORK The CONSULTANT agrees to perform certain consulting, design, studies, and /or advisory services for the CITY as follows: Provide on -call engineering services on a Task Order basis. Each item of work under this agreement will be provided by Task Order (the format which is attached hereto as Exhibit "A "). Each Task Order will be individually negotiated with the CITY. Each Task Order will identify the specific work to be performed, identifying the maximum amount authorized, start date and end date (time of performance), and scope of work specific to the task. The terms of the Task Order cannot be modified without written approval from CITY and CONSULTANT. 2009 Consultant Agreement with Hammond Collier Wade Livingstone 09 -20 -002 Page 1 of 6 The CITY may review the CONSULTANT'S work product, and if it is not satisfactory, the CONSULTANT shall make such changes as may be required by the CITY. Such changes shall be a required performance of completion of each task and shall not constitute "Extra Work ". The CONSULTANT agrees that all services performed under this Agreement shall be in accordance with the standards of the engineering profession and in compliance with applicable federal, state and local laws. II OWNERSHIP OF DOCUMENTS Upon completion of the work, all documents, exhibits, photographic negatives, or other presentations of the work shall become the property of the CITY for use without restriction and without representation as to suitability for reuse by any other party unless specifically verified or adapted by the CONSULTANT. However, any alteration of the documents, by the City or by others acting through or on behalf of the City, will be at the City's sole risk. III DESIGNATION OF REPRESENTATIVES Each party shall designate its representatives in writing. The CONSULTANT'S representative shall be subject to the approval of the CITY. IV TIME OF PERFORMANCE To be defined by each Task Order. V PAYMENT The CITY shall pay the CONSULTANT as set forth in this section of the Agreement. Such payment shall be full compensation for work performed, services rendered, and all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment shall be on the basis of the CONSULTANT'S Schedule of 2009 Billing Rates as set forth in the attached Exhibit B. B. The CONSULTANT shall submit invoices to the CITY on a monthly basis. Invoices shall detail the work, hours, employee name, and hourly rate; shall itemize with receipts and invoices the non -salary direct costs; shall indicate the specific task or activity in the Scope of Work to which the costs are related; and shall indicate the cumulative total for each task. C. The CITY shall review the invoices and make payment for the percentage of the project that has been completed less the amounts previously paid. D. The CONSULTANT invoices are due and payable within 30 days of receipt. In the event of a disputed billing, only the disputed portion will be withheld from payment. 2009 Consultant Agreement with Hammond Collier Wade Livingstone 09 -20 -002 Page 2 of 6 E. Final payment for the balance due to the CONSULTANT will be made after the completion of the work and acceptance by the CITY. VI MAXIMUM COMPENSATION To be defined by each Task Order. VII INDEPENDENT CONTRACTOR STATUS The relation created by this Contract is that of owner - independent contractor. The CONSULTANT is not an employee of the City and is not entitled to the benefits provided by the City to its employees. The CONSULTANT, as an independent contractor, has the authority to control and direct the performance of the details of the services to be provided. The CONSULTANT shall assume full responsibility for payment of all Federal, State, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax. VIII EMPLOYMENT Employees of the CONSULTANT, while engaged in the performance of any work or services under this Agreement, shall be considered employees of the CONSULTANT only and not of the CITY, and claims that may arise under the Workman's Compensation Act on behalf of said employees while so engaged, and any and all claims made as a consequence of any negligent act or omission on the part of the CONSULTANT'S employees while so engaged, on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. In performing this Agreement, the CONSULTANT shall not employ or contract with any CITY employee without the City's written consent. IX NONDISCRIMINATION The CONSULTANT shall conduct its business in a manner, which assures fair, equal and non - discriminatory treatment of all persons, without respect to race, creed or national origin, or other legally protected classification and, in particular: A. The CONSULTANT shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are members of minorities protected by federal equal opportunity /affirmative action requirements; and, B. The CONSULTANT shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of non discriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. 2009 Consultant Agreement with Hammond Collier Wade Livingstone 09 -20 -002 Page 3 of 6 X SUBCONTRACTS A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the written consent of the CITY. B. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT for work to be performed pursuant to a subcontract, including procurement of materials and equipment, each potential subconsultant or supplier shall be notified by the CONSULTANT of Consultant's obligations under this Agreement, including the nondiscrimination requirements. XI CHANGES IN WORK Other than changes directed by the CITY as set forth in Section I above, either party may request changes in the scope of work. Such changes shall not become part of this Agreement unless and until mutually agreed upon and incorporated herein by written amendments to this Agreement executed by both parties. XIII TERMINATION OF AGREEMENT A. The CITY may terminate this Agreement at any time upon not less than ten (10) days written notice to the CONSULTANT. Written notice will be by certified mail sent to the consultant's designated representative at the address provided by the CONSULTANT. B. In the event this Agreement is terminated prior to the completion of the work, a final payment shall be made to the CONSULTANT, which, when added to any payments previously made, shall compensate the CONSULTANT for the work completed. C. In the event this Agreement is terminated prior to completion of the work, documents that are the property of the CITY pursuant to Section II above, shall be delivered to and received by the CITY prior to transmittal of final payment to the CONSULTANT. XIV INDEMNIFICATION /HOLD HARMLESS The CONSULTANT agrees to indemnify the CITY from any claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs, to the proportionate extent arising out of claims by third parties for property damage and bodily injury, including death, caused by the negligence or willful misconduct of the CONSULTANT, CONSULTANT employees, affiliated corporations, officers, and subcontractors in connection with the work performed under this Agreement. The CITY agrees to indemnify the CONSULTANT from any claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs, to the proportionate extent arising out of claims by third parties for property damage and bodily injury, including death, caused by the negligence or willful misconduct of the CITY, CITY's employees, or agents in connection with the work performed under this Agreement. 2009 Consultant Agreement with Hammond Collier Wade Livingstone 09 -20 -002 Page 4 of 6 If the negligence or willful misconduct of both CONSULTANT and CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the CONSULTANT and the CITY in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity shall apply for such proportion. 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, the CITY, and the officers, officials, employees, and volunteers of either, 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. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. However, the CONSULTANT expressly reserves its rights as a third person set forth in RCW 51.24.035. XV INSURANCE The CONSULTANT shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, employees or subcontractors. The CONSULTANT shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and, 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products /completed operations; broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and, 3. Professional Liability insurance with limits no less than $1,000,000 per claim. Any payment of deductible or self- insured retention shall be the sole responsibility of the CONSULTANT. The CITY shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the CITY as additional insured shall be attached to the Certificate of Insurance. The CITY reserves the right to review a certified copy of all required insurance policies with a representative of the CONSULTANT in the CONSULTANT's office. 2009 Consultant Agreement with Hammond Collier Wade Livingstone 09 -20 -002 Page 5 of 6 The CONSULTANT'S insurance shall 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. The CONSULTANT'S insurance shall be primary insurance as respects the CITY, and the CITY shall be given thirty (30) days prior written notice of any cancellation, suspension or material change in coverage Consultant's insurer will provide notification of a cancellation in coverage, and Consultant will provide notification of any material change. XVI APPLICABLE LAW This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and in the event of dispute the venue of any litigation brought hereunder shall be Clallam County. XVII SUPPLEMENTAL TERMS The supplemental terms set forth in the attached Exhibit C shall also apply to this Agreement. XVIII EXHIBITS AND SIGNATURES This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following exhibits are hereby made a part of this Agreement: Exhibit A — Sample Task Order Exhibit B - Consultant Labor Costs and Non -salary Reimbursable Costs Exhibit C — Supplemental Terms IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF PORT ANGELES 6 MAYOR ( CONSULTANT 2009 Consultant Agreement with Hammond Collier Wade Livingstone 09 -20 -002 APPROVED AS TO ! ORM: CITY ATTORNEY ATTEST: CITY CLERK J/ #J9SSA- flUe Page 6 of 6 SCOPE OF WORK ATTACHMENT A -1 SCOPE OF SERVICES Hammond Collier Wade Livingstone Project No. 09 -20 -002 City of Port Angeles Stormwater Improvements and Slide Repairs Contract OVERVIEW The services provided under this contract will use existing survey information that has been developed by the City. Hammond Collier Wade Livingstone, (hereinafter HCWL) will develop PS &E for stabilizing the slide area and localized drainage improvements at South Race Street. The scope of services includes assistance with field exploration, geotechnical engineering conclusions, environmental permitting, and for design, bidding, and construction support services. Our subconsultant, Landau Associates will assist m providing geotechnical investigations and engineering recommendations to HCWL for developing a complete set of permitting and PS &E documents. The limits of the work to be developed under this contract are from: South Race Street- The slope failure is located approximately 425 feet north of the intersection of East Park Street and begins at the approximate end of curb on the west side of South Race Street to a distance of approximately 75 feet north of end of curb, including an alignment to a stable outfall for a stormwater conveyance system at the bottom of ravine near the stream. The slope failure extends for the full height of the slope and has undermined the guardrail and a portion of the paved shoulder. The scope of services includes the following major tasks of work: Task 1: Project Management and Coordination Task 1.1 Project Administration • Schedule and coordinate survey crew and subconsultant. • Subconsultant management o Initiate subconsultant agreements o Manage subconsultant services within established budgets • Meetings with client and stakeholders (3 meetings). • Provide coordination and correspondence, status reports and day -to -day correspondence in the form of emails, letters, and phone calls. • Prepare and monitor project schedule and budget. L \ Projects \09 \09 -20 -002 Port Angeles Slide Repmrs \Attachement A Scope Port Angelesl doc Page 1 of 5 ATTACHMENT A — SCOPE OF SERVICES Hammond Colker Project No. 09 -20 -002 CIO of Port Angeles Skde Repaars Contract • Prepare monthly status reports and invoices, and monitor progress. Task 1.2 Principal Oversight QA /QC • Assign staff • Provide assistance • Monitor schedule and budget • Conduct internal review of all deliverables Deliverables: • Monthly status reports and invoices Task. 2: Development of PS &E Documents Task 2.1 City. Acquire survey data prepared by City or third party surveyor contracted by the Task 2.2 Review survey data for field located cross section, existing utility locations, property lines, and right -of -way limits Task 2.3 Develop base maps, vicinity map, and legend sheet along with cross sections at and adjacent to the slope failure. Task 2.4 Review geotechnical report's conclusions and recommendations. Task 2.5 Submit a prelumunary design recommendation for approval by the City along with a preliminary engineers estimate for preferred alternative. Task 2.6 Prepare 30 % design plans and specifications of the preferred alternative and submit for City's comment and permitting agency's comments. Task 2.7 Incorporate any design review comments into the 60% design plans and specifications, prepare engineers estimate and submit for city comment. Task 2.8 Prepare Hydraulics Project Approval (HPA) for storm conveyance outfall and SEPA check list to be processed by the City. The HPA application and SEPA checklist will require a discussion of stormwater treatment and flow quantity. Task 2.9 Prepare 95% PS &E to incorporate City, Utility and permitting review comments and requirements. Task 2.10 Issue construction documents to City for bidding. L \Projects \09 \09 -20 -002 Port Angeles Slide Repairs \Attachement A Scope Port Angelesl doc Page 2 of 5 ATTACHMENT A — SCOPE OF SERVICES Hammond Collier Project No. 09 -20 -002 City of Port Angeles Slide Repairs Contract Task 2.8 State Environmental Policy Act (SEPA) Checklist HCWL will prepare the SEPA Checklist for the project in conformance with WAC 197 -11 -960 and City standards. The SEPA Checklist will briefly describe the project and address the project's effects on elements of the environment, as outlined in the Checklist. The Checklist will include a list of permit requirements for the proposed project. To prepare the Checklist, we will use project design information and other available studies prepared for the project, such as the drainage report. As necessary to complete the Checkhst, we will review additional City documents such as the comprehensive plan, zoning code, and other development regulations, and we will conduct interviews with agency representatives, utility providers, and City staff members. Assumptions: • The project will not require preparation of a SEPA Environmental Impact Statement, and either a Determination of Non - Significance (DNS) or a mitigated DNS will be issued for the project. • City of Port Angeles staff will prepare and publish the DNS (or mitigated DNS). • HCWL staff members will not attend a public hearing should one be necessary. • One HCWL staff member will conduct one site visit. • Information to prepare the SEPA Checklist will be gathered from interviews with agency /utility provider representatives and from readily available public documents; no fieldwork or other primary investigations will be required. • HCWL Associates will provide a draft copy of the SEPA Checklist to the City for review. The City will provide one set of consolidated comments to HCWL, and we will prepare a final SEPA Checklist for publication based on those comments. Should additional rounds of review and comment be requested by the City, a scope and budget amendment will be required. • This proposal does not include time for HCWL to respond to any public or resource agency comments on the SEPA Checklist after the Checklist has been published for public comment. • Special provisions will be based on the latest APWA /WSDOT Standard Specifications format. • ACAD layering will conform to Hammond Collier formatting standards consistent with APWA formatting standards. • An Environmental Classification Summary and Essential Fish Habitat Evaluation will not be required for the project. • The slope failure project will be determined to be a Class II Documented Categorical Conclusion and neither a NEPA Environmental Impact Statement nor an Environmental Assessment will be required. • Air Quality, Noise, Section 4(f), Wetland, and Environmental Justice analyses will not be required to be documented in an ECS. Individual discipline reports and modeling efforts will not be required for these elements of the environment. Cities Responsibilities: • City to review 30, 60, and 95% bid documents and provide review comments within two weeks of receiving them. • City to provide their most current electronic "boiler plate" of contract, forms, certifications, general conditions, special provisions and standard plans. L \Projects \09 \09 -20 -002 Port Angeles Slide Repairs \Attachement A Scope Port Angelesl doc Page 3 of 5 ATTACHMENT A — SCOPE OF SERVICES Hammond Collier Project No. 09 -20 -002 City of Port Angeles Slide Repairs Contract • City to provide survey of sites m ACAD electronic files. • City to gain right of entry to sites along with construction easements or dedication. • City to process SEPA checklist. City to pay all permitting application and processing fees. • City to perform the Cultural Resource Investigation. Deliverables: • An electronic (Adobe PDF) of the draft SEPA checklist. • An electronic (Adobe PDF) and paper copy of the final SEPA checklist. • Construction cost estimates at alternative selection, 30 %, 60 %, and 95% and for bid document. • Three copies 11" x 17" 30% plans to City. • Three copies 11" x 17" 60 % plans to City. • Three copies 22" x 34" 95% plans and bid documents to City. • One reproducible copy and one electronic copy of final bid documents including 22" x 34" Plans, Project Manual, and engineers estimate of final bid documents. SCOPE OF SERVICES (Landau Associates) Task 1: Landau Associates will complete a boring at the top of the slope adjacent to the slope failure to a depth of approximately 50 Feet below the existing ground surface or refusal, whichever is less, for the purpose of determining subsurface soil and groundwater conditions. The borings will be completed by using a truck rig advancing hollow -stem augers by Holocene Drilling ( under subcontract to Landau Associates ). Landau Associates will mark the exploration location in the field and arrange for underground utility locates (1 -800 call before you dig) prior to implementing the field exploration program. The borings will be completed within the right -of -way and will provide the appropriate traffic control necessary to complete the boring. They will contact the City of Port Angeles to obtain a permit for work within the right -of -way. A geologist or engineer from the firm will observe the boring, obtain representative soil samples, and prepare a log of the conditions encountered. Soil samples will be obtained from the boring on about 2 1/2 - or — 5 ft depth intervals using the Standard Penetration Test procedure. Soil samples will be returned to Landau Associates' laboratory for further visual classification. Upon completion of drilling and sampling, the boring will be abandoned m accordance with WAC 173 -160 and the area of the boring will be restored as best as possible with the equipment on hand. The pavement will be patched with fast - setting concrete. Soil cutting from the boring will be disposed of by spreading along the slope. Information from the field investigation will be analyzed by a geotechnical engineer from Landau Associates to develop geotechnical engmeermg conclusions and recommendations to support reconstruction of the slope. Geotechnical engineering conclusions and recommendations will be developed for a rock fill alternative and for a soldier pile wall alternative. It is assumed that survey to provide slope geometry will be provided by the City. The results of the field exploration, engineering analysis, and geotechnical engineering conclusions and recommendations will be summarized in a geotechnical report. The geotechnical report will be submitted as a draft for review. Review comments will be incorporated into a final geotechnical report. L \ Projects \09 \09 -20 -002 Port Angeles Slide Repass \Atrachement A Scope Port Angeles) doc Page 4 of 5 ATTACHMENT A — SCOPE OF SERVICES Hammond Collter Project No. 09 -20 -002 City of Port Angeles Slide Repairs Contract Dehverables: • An electronic (Adobe PDF and FileMaker Pro) copy of the draft ECS. • An electronic (Adobe PDF and FileMaker Pro) and paper copy of the final ECS. SCHEDULE ITEM GEOTECHNICAL INVESTIGATION 30 % PLANs 60 % PLANs 95% PS &E 100% BID PACKAGE & ADVERTISEMENT L \ Projects \09 \09 -20 -002 Port Angeles Slide Rep,urs \Attachement A Scope Port Angeles! doc Page 5 of 5 DATE DECEMBER 15, 2009 JANUARY 15, 2010 FEBRUARY 8, 2010 FEBRUARY 22, 2010 MARCH 1, 2010 C ITY OF PORT ANGELES SLIDE REPAIRS HAMMOND COLLIER WADE LIVINGSTONE PROFESSIONAL ENGINEERING SERVICES SUMMARY TASK NO 1.0 PROJECT MANAGEMENT 1 1 Project Administration 1 2 Principal Oversite, QA/QC 2 0 PREPARE SLIDE REPAIR DESIGN PLANS 2 1 Aquire Survey Data 2 2 Review survey data 12 3 Develop Base Map, Vicinity Map, Legend 12 4 Review Geotech Report 2 5 Preliminary Design Recommendations & Eng Est 2 6 30% Plans & Spec 2 7 60% Design & Spec 128HPA &SEPA 2 9 95% PS &E 2 10 Issue Bid Documents 1 HOURLY RATE TASK TOTAL ESTIMATED HOURS BY LABOR CATEGORY EST PERSONNEL CHARGES BY LABOR CATEGORY DIRECT NON - SALARY COSTS (TRAVEL, MATERIALS TESTING & REPROGRAPHICS) 1 Sub - consultant Landau Assoc & Halocene DnIling EXHIBIT B FEE ESTIMATE Principle Project Manager KG JH 05 05 8 2 2 1 1 - 1 1 3 1 8 1 8 1 3 8 1 3 18 39 0 0 0 $190 $14000 $12500 $145 00 1 $12500 � I $3,420 00 1 $5,460 00 $0 00 $0 00 1 $0 00 01 I I I 12/4/2009 Project Survey Project Party Survey CAD Word 1 Engineer 1 Manager Surveyor Chief Operator 11 Processing TOTAL FOR IH RH DB GK BA MR HA HOURS EACH TASK I 1 10 $1,80000 I 1 5 $850 00 1 0 $0 00 I 1 o 1 0 5 $95 00 051 1 $14750 1 8 9 $980 00 21 $330 00 4 $610 00 8 17 $2,150 00 4 13 $1,730 00 0 5 4 5 $662 50 4 12 $1,540 00 4 $610 00 0 25 0 821 $11,50500 I I I $95 00 $78 00 $105 00 $60 00 1 $0 00 $0 00 $2,625 00 $0 00 1 $11,505 00 $500 00 1 $17,215 00 1 TOTAL: r $29,220 00 ACDRDT, CERTIFICATE OF LIABILITY INSURANCE PRODUCER Kibble & Prentice, a USI Co. P.O. Box 370 Seattle, WA 98111 206 441 -6300 INSURED COVERAGES 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. !Nun ..D,} U POLICY EFFECTIVE POLICY EXPIRATION LTR INSR TYPE OF INSURANCE POLICY NUMBER DATE IMMIDDIYY}_ DATE IMMIDDlYY1_ A GENERAL LIABILITY )( COMMERCIAL GENERAL LIABILITY CLAIMS MADE ® OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: n POLICY n PE n LOC B AUTOMOBILE LIABILITY x x x B EXCESS/UMBRELLA LIABILITY CUP6752Y504 OCCUR n CLAIMS MADE x Hammond Collier & Wade Livingstone Asc. 4010 Stone Way N, Suite 300 Seattle, WA 98103 -8090 ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO CERTIFICATE HOLDER DEDUCTIBLE RETENTION $ 10000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below C OTHER Professional Liability City of Port Angeles Attn: Mr. Jim Mahlum 321 E 5th St. PO Box 1150 Port Angeles, WA 98362 -0217 Client #: 333394 HAMMOCOL 6802762L69A BA2760L911 6802762L69A ( WA Stop Gap ) DPR9616682 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 INSURER A: INSURER B INSURER C: INSURER 0: INSURER E DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS Re: Race Street Slide Repair. The Certificate Holder is named as an Additional Insured on the General Liability Policy, with respects to operations of the Named Insured. Charter Oak Fire Insurance Company Travelers Indemnity Company XL Specialty Insurance Company DATE IM MID DIYYYY] 12/17/09 • NAIC # 1 25615 1 25658 37885 LIMITS 07/15/09 07115110 EACH OCCURRENCE I $1.000.000 DAMAGE TO RENTED PREMISES (Ea occurrencel $1.000.000 $10,000 � $1.000.000 GENERAL AGGREGATE / $2,000.000 PRODUCTS - COMP/OP AGG 1$2,000.000 ry 07/15(09 07/15/10 i 2 2 79 City of Port Angeles Pn �lic VThrks and INilifir f]rnt E igineering Services Diu :Ision 07/15/09 07/15/10 07/15/09 07/15/10 07/15/09 07/15/10 MED EXP (Any one person). PERSONAL & ARV INJURY COMBINED SINGLE LIMIT $1,000,000 (Ea accident) BODILY INJURY {Per person] BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY EACH OCCURRENCE AGGREGATE EA ACC AGG WC STATU- OTH- TORY I IMITS I x I FR E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE 1 E.L. DISEASE - POLICY LIMIT $1,000,000 per claim $1 ,000,000 annl aggr. $ $ 5 $ $ $1,000.000 $1.000.000 $ 5 $1,000,000 $1,000,000 $1,000,000 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN 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 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) 1 of 2 #S4161123/M4069415 MXTJU @ ACORD CORPORATION 1988 ACORD 25S (2001/08) 2 of 2 #S41611231M4069415 IMPORTANT If 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), If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance 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. COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury" "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. in connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products- completed operations hazard ". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services ". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF CG D3 81 09 07 INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non - contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance ". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily a 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- Page 2 of 2 erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. 10 2007 The Travelers Companies, Inc. CG D3 81 09 01 Includes the copyrighted material of Insurance Services Office, Inc., with its permission.