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HomeMy WebLinkAboutPK05-224 - Original - David A. Clark Architects, PLLC - West Fenwick Park Restroom Building Design - 07/07/2005 iba== Records Man-A gemea�%!`t- WASHINGTON Document 1 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 Mary Simmons, City Clerks Office. Vendor Name: aa U Id /A-Y"1�11 i Gis 19 Contract Number: jkOS'- 2ZA This is assigned by Mary Simmons Vendor Number: Project Name: ].A-)PSt aPI w 614' PG-Wr (LL Y/1 W Contract Effective Date: 7"O Contract Termination Date: 2 1 31 ' Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: r Department: Abstract: ADCUB32 07/02 KENT WASMINOTON CONSULTANT SERVICES AGREEMENT between the City of Kent and David A. Clark Architects, PLLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and David A Clark Architects, PLLC organized under the laws of the State of Washington, located and doing business at 11737 SE 256t Place, Kent, Washington 98031-7897 (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: Provide design and construction drawings for the restroom/picmc shelter building at West Fenwick Park as described in the Consultant's Proposal dated March 2, 2005 and revised May 31, 2005 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 in effect at the time those services are performed. II. TIME OF COMPLETION. The parties 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 within ninety(90) days. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirty Thousand, Three Hundred Eighty-eight Dollars and 45/100ths ($30,388.45) 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 supplemental 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. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will i mmediately m ake every effort to settle the disputed portion. CONSULTANT SERVICES AGREEMENT- 1 (Over$10,000) IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that 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. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. 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 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's negligent 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. CONSULTANT SERVICES AGREEMENT-2 (Over S10,000) 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 O F INSPECTION. E ven 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 w ork in ust in eet the approval o f t he C ity and s hall b e subject t o t he C ity's general r ight o f 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. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3 80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. 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 party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, 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 the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. CONSULTANT SERVICES AGREEMENT-3 (Over$10,000) 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. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. C U TAN ���'^� CITY KENT: By: By: (signature) (signature) Print Name: in A . C—c-c44LV� Print ame: Jim White Its Its Mayor (Title) r (Title) _ DATE: t7 9 a) DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Dave Clark Perry Brooks, Project Manager David A. Clark Architects, PLLC Kent Parks, Recreation & Community Services 11737 SE 256th Place 220 Fourth Avenue South Kent, WA 9803a789-7 Kent, WA 98032-5895 (253) 813-8877 (telephone) (253) 856-5114 (telephone) (253) 854-7898 (facsimile) (253) 856-6050 (facsmnle) APP r% AS TO FORM: nt aw Depa ent West Fenwick Park Restroom Design CONSULTANT SERVICES AGREEMENT-4 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 12. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. 41L Dated this_G day of JV NLI , 2005. By: %-4U-4t--,L For- -b) N 1'0 A. C L AR V-- Title: ®e 0%,y1'l N�, h Date: EEO COMPLIANCE DOCUMENTS- I CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City arnountmg to $10,000 or more within any given year, must take the following affirmative steps- 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 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 David A. Clark Architects, PLLC Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as West Fenwick Park Restroom Design that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 2005. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 EXHIBIT A e • Kent Parks,Recreation and Community Services West Fenwiek Park Prepared 2-Mar-05 *,y, test oo►iiSh her ti ding '_es lI8cTl v�t�gs{o ty)'r1Re�tsed 31-May-05 'total Drafting Principal Hours Fee Preliminary Design $ 3,51293 Site Visit,documentation 0 6989 2 12752 2 $ 25504 Compile exist data 1 6999 0 12752 1 $ 6989 Preliminary Design 0 6989 6 12752 6 $ 765 12 PD drawings 0 6989 5 12752 5 $ 63760 Client Meetings(entire project) 0 6999 12 12752 12 $ 1,53024 Consultant meetings(entire project) 0 6989 2 12752 2 $ 25504 Work Completed on previous rebuild project $ 1,15135 PD,Const drawings,meetings 11 6989 3 12752 14 $ 1,151 35 PP,r,nst dFawnigs,meeting —4 6999 6 „—�52 4-0 S 1,044 68 No charge Construction Draeings $ 5,76901 G-001 General Sheet 5 6989 1 12752 6 $ 47697 A-100 Site Plan 10 6989 3 12752 13 $ 1,08146 A-101 Plans 15 6989 5 12752 20 $ 1,68595 A-201 Elevations 12 6989 2 12752 14 $ 1,093 72 A-501 Details 15 6989 3 12752 18 $ 1,43091 S-001 Structural Notes Staaleson Engineering,P C (Sub Consult) $ 4,50000 S-101 Foundation Plan,Details S-102 Roof Framing Plan S-103 Details P-001 General Notes TEC Engineering (Sub Consult) $ 2,90000 P-101 Plumbing Plan P-601 Fixture Schedule E-001 General Notes 3 Omega Engineering,Inc (Sub Consult) $ 3,56500 E-101 Electrical Floor Plan,Panel Schedules E-601 One Line,Fixture Schedules Specifications $ 7,26864 00020 Scope of Work By others 00030 Call for Bids By others 00100 Instructions for Bidders By others 00200 Checklist of Required Bid Forms By others 00220 Contractor's Qualifications Statement By others 00300 Bid Proposal By others 00400 Non Coll form By others 00410 EOE Form By others 00430 Compliance Form By others 00480 Sub List By others 00481 3%Sub List By others 00490 Bid Bond By others 00500 Contract By others 00700 General Conditions By others 00800 FOE Policy By others 00810 EOE Comp Statement By others 00900 Perf/Payment Bonds By others 00950 PieNailing Wage Rates By others David A Clark Architects,PLLC West Fenwick Park Restroom Proposal design only 053105 5/31/2005,3 38 PM 1000 Special Conditions By others 1200 Project Meetings By others 1330 Submittals By others 1770 Project Closeout By others 1780 Project Record Drawings By others 1830 Operation and Maintenance By others 2200 Excavation,Grading and Compaction 0 4846 3 12752 3 $ 38256 2500 Asphalt Paving 0 4846 2 12752 2 $ 25504 2700 Site Utilities 0 4846 3 12752 3 $ 38256 2810 Irrigation By others 2900 Landscaping By others 3240 Fiberous Reinforcing 0 6989 3 12752 3 $ 38256 3300 Concrete 0 6989 3 12752 3 $ 38256 3400 Hollow Core Planks 0 6989 6 12752 6 $ 765 12 4220 CMU 0 6989 3 12752 3 $ 38256 5500 Metal Fabrications 0 6989 3 12752 3 $ 38256 6200 Finish Carpentry 0 6989 4 12752 4 $ 51008 7200 Insulation 0 6989 3 12752 3 $ 38256 7400 Single Ply Membrane Roofing 0 6989 4 12752 4 $ 51008 7620 Metal Flashing and Trim 0 6989 4 12752 4 $ 51008 7900 Caulking and Sealants 0 6989 2 12752 2 $ 25504 8100 HM Doors&Frames 0 6999 2 12752 2 $ 25504 8710 Finish Hardware 0 6989 2 12752 2 $ 25504 9900 Painting 0 6989 2 12752 2 S 25504 10165 Toilet partitions 0 6989 2 12752 2 $ 25504 10440 Signage 0 6989 2 12752 2 $ 25504 10800 Toilet Accessories 0 6989 4 12752 4 $ 51008 15000 Mechanical Specifications Included above 16000 Electrical Specifications Included above Cost Estimating $ 765 12 Final Cost Estimate 0 6989 6 12752 6 $ 765 12 Bidding $ 95640 Prebid meeting 0 6989 15 12752 15 $ 191 28 Bidding 0 6989 6 12752 6 $ 765 12 594 Exclusions Construction Admin-will be done on an hourly basis Reunbursables Any work beyond 5'outside of the building SEPA Work All Boiler Plate,Bid documents Assumptions 4 month construction period DACA handles Permit submittal and revisions David A Clark Architects,PLLC West Fenwick Park Restroom Proposal design only 053105 5/31/2005,3 38 PM ATTACHMENT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise fiom 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. 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 There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage 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. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington 3. Professional Liability insurance appropriate to the Consultant's profession B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits 1 Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a$1,000,000 products-completed operations aggregate limit 2. Professional Liability insurance shall be written with limits no less than$1 000,000 per claim and$1,000,000 policy aggregate limit EXHIBIT B (Continued ) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance. 1. The Contractor's insurance coverage shall be primary insurance as respect the City Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty(30) days prior written notice by certified mail, return receipt requested, has been given to the City 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all required insurance policies The Contractor's Commei cial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability D. Acceptability of Insurers Insurance is to be placed with insurers with a current A M Best rating of not less than A VII E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement,evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor r ACORD,N CERTIFICATE OF LIABILITY INSURANCE UODC 05-16-2005 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MARSH ADVAN AMER/PHS /SEATTLE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 819941 P: (877) 616-7474 F: (877) 905-0457 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P. O. BOX 33015 SAN ANTONIO T_X_78265 INSURERS AFFORDING COVERAGE _ INSURED — IN SURERA_Hartfor_d Casualty Ins Co DAVID A. CLARK ARCHITECTS PLLC DAVID INSURERB CLARK INSURER C 11737 SE 256TH PLACE INSURER KENT WA 98031 INSURER 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 INSR rypE OF INSURANCE POLICY NUMBER POLICYEFF£CTAVE POLICY EXPIRATION LIMITS LTR _ _ DATE(MMMDIYY OAT�MMDD/YY GENERAL LIABILITY EACH OCCURRENCE s2, 000, 000 A COMMERCIAL GENERAL LIABILITY 52 SBA KT7316 10/27/04 10/27/05 FIRE DAMAGE IAny one fire) $300, 000 j CLAIMS MADE O OCCUR MED EXP(Any one person) $1 0 000 X Business Liab PERSONAL&ADV INJURY $2 000, 000 GENERAL AGGREGATE $4, 000, 000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS COMP/OP AGG $4, 0 0 O 000 POLICY �PROCT X LOC JE AUTOMOBILE LIABILITY A ANY AUTO 52 SBA KT7316 10/27/04 10/27/05 COMBINED SINGLE LIMIT g2 EaOOO OOO Ea accident) � � ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGELIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION S $ WC STATU- OTH WORKERS COMPENSATION AND ORY_410J , _ EMPLOYERS LIABILITY A 52 SBA KT7316 10/27/04 10/27/05 EL EACH ACCIDENT $1, 000, 000 E L DISEASE-EA EMPLOYEE $1, 000, 000 EL DISEASE-POLICY LIMIT I$1, O00 OOO OTHER DESCRIPTION OF OPERA TIONS/LOCA TIONS/VEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPEC/AL PROVISIONS Those usual to the Insured' s Operations City of Kent is an Additional Insured per the Business Liability Coverage Form SS0008, attached to this policy. Ref Project : West Fenwick Restroom Building. CERTIFICATE HOLDER X I ADOITIONAL INSURED,INSURER LETTER A CANCELLATION City Of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE y EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL Parks Planning and Development 30 DAYS WRITTEN NOTICE(10 DAYS FOR NON-PAYMENT)TO THE CERTIFICATE Attn: Joan Broom 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 220 4th Ave South REPRESENTATIVES Kent, WA 98032-5895 AUTHORIZED REPRESEENTAA.M ACORD 25-S(7197) o ACORD CORPORATION 1988 (d) Any structure, basin, excavation, c. A limited liability company, you are an premises or place prepared or used insured Your members are also insureds, for the storage or disposal of"waste", but only with respect to the conduct of and includes the site on which any of the your business Your managers are foregoing is located, all operations insureds, but only with respect to their conducted on such site and all premises duties as your manager used for such operations, d. An organization other than a partnership "Nuclear material" means "source or joint venture or limited liability company, material", "special nuclear material" or you are an insured Your "executive "byproduct material", officers" and directors are insureds, but only with respect to their duties as your "Nuclear reactor" means any apparatus officers or directors Your stockholders designed or used to sustain nuclear are also insureds, but only with respect to fission in a self-supporting chain reaction their liability as stockholders or to contain a critical mass of fissionable material, 2. Each of the following is also an insured: "Property damage" includes all forms of a. Your "employees", other than either your radioactive contamination of property, "executive officers" (if you are an organization other than a partnership, joint "Source material" has the meaning given it venture or limited ha in the Atomic Energy Act of 1954 or in any your managers (if you are company) or a limited liability law amendatory thereof, company), but only for acts within the "Special nuclear material" has the scope of their employment by you or while meaning given it in the Atomic Energy Act performing duties related to the conduct of of 1954 or in any law amendatory thereof, your business However, none of these "Spent fuel" means any fuel element or "employees" is an insured for fuel component, solid or liquid, which has (1) "Bodily injury" or "personal and been used or exposed to radiation in a advertising injury" "nuclear reactor", (a) To you, to your partners or "Waste" means any waste material- members (if you are a partnership (a) Containing "byproduct material" other or joint venture), to your members than the tailings or wastes produced (if you are a limited liability by the extraction or concentration of company), or to a co-"employee" uranium or thorium from any ore while that co-"employee" is either processed primarily for its "source in the course of his or her material"content; and employment or performing duties (b) Resulting from the operation by any related to the conduct of your person or organization of any "nuclear business; facility" included under paragraphs (a) (b) To the spouse, child, parent, and (d) of the definition of "nuclear brother or sister of that co- facility" "employee" as a consequence of Paragraph (1)(a) above, C. WHO IS AN INSURED (c) For which there is any obligation 1. If you are designated in the Declarations as- to share damages with or repay a. An individual, you and your spouse are someone else who must pay insureds, but only with respect to the damages because of the injury conduct of a business of which you are described in Paragraphs (1)(a) or the sole owner (b) above, or b. A partnership or joint venture, you are (d) Arising out of his or her providing an insured Your members, your partners or failing to provide professional and their spouses are also insureds, but health care services only with respect to the conduct of your (2) "Property damage"to property. business. (a) Owned, occupied or used by, or Form SS 00 08 03 00 1 (b) Rented to, in the care, custody or Coverage under this provision includes control of, or over which physical the following: control is being exercised for any (1) When an engineer, architect or purpose by you, any of your surveyor becomes an insured under ,.employees", any partner or provision 2f, the following additional member (if you are a partnership exclusion applies or joint venture), or any member (if you are a limited liability "Bodily injury", "property damage" or company) "personal and advertising injury" b. Any person (other than your "employee"), arising out of the rendering of or the or any organization while acting as your failure to render any professional real estate manager services by or for you including c. Any person or organization having proper (a) The preparing, approving, or temporary custody of your property if you failure to prepare or approve die, but only maps, drawings,opinions, reports, surveys, change orders, designs (1) With respect to liability arising out of or specifications, and the maintenance or use of that property, and (b) Supervisory, inspection or engineering services (2) Until your legal representative has been appointed (2) When a lessor of leased equipment becomes an insured under provision d. Your legal representative if you die, but 2.f., the following additional exclusions only with respect to duties as such That apply representative will have all your rights and (a) To any "occurrence" which takes duties under this policy place after the equipment lease e. Any"employee" of the insured while acting expires, or in the scope of his/her duties as a retail (b) To "bodily injury" or "property pharmacist, or optician or optometrist damage" arising out of the sole f. Additional Insureds by Contract, negligence of the lessor Agreement or Permit (3) When owners or other interests Any person or organization with whom you from whom land has been leased agreed, because of a written contract or become an insured under provision agreement or permit, to provide insurance 2.f., the following additional exclusions such as is afforded under this Business apply, Liability Coverage Form, but only with respect to your operations, "your work" or (a) Any "occurrence" which takes facilities owned or used by you. place after you cease to lease that However, coverage under this provision land, or does not apply (b) Structural alterations, new (1) Unless the written contract or construction or demolition agreement has been executed or a operations performed by or on permit has been issued prior to the behalf of the owners or other interests from whom land has bodily injury', property damage' or "personal and advertising injury" been leased under (4) When managers or lessors of (2) To any person or organization premises become an insured under included as an insured under provision g. (Broad Form Vendors) provision 2.f., the following exclusions(3) To any other person or organization apply shown in the Declarations as an (a) Any "occurrence" which takes Additional Insured place after you cease to be a tenant in that premises- or Form SS 00 08 03 00 (b) Structural alterations, new (g) Products which, after distribution construction or demolition or sale by you, have been labeled operations performed by or on or relabeled or used as a behalf of the manager or lessors container, part or ingredient of any of the premises. other thing or substance by or for g. Additional Insured - Broad Form the vendor Vendors (2) This insurance does not apply to any Any person or organization with whom you insured person or organization, from agreed, because of a written contract or whom you have acquired such agreement to provide insurance, but only products, or any ingredient, part or with respect to "bodily injury" or "property container, entering into, damage" arising out of "your products" accompanying or containing such which are distributed or sold in the regular products course of the vendor's business, subject to (3) This provision g. does not apply to the following additional exclusions any vendor included as an insured by (1) The insurance afforded the vendor an endorsement issued by us and does not apply to made a part of this Coverage Part (a) "Bodily injury" or "property (4) This provision g. does not apply if damage" for which the vendor is "bodily injury" or "property damage" obligated to pay damages by included within the "products- reason of the assumption of completed operation hazard" is liability in a contract or agreement. excluded either by the provisions of This exclusion does not apply to the Coverage Part or by endorsement liability for damages that the In. Broad Form Named Insured vendor would have in the absence Any organization you newly acquire or of the contract or agreement, form, other than a partnership or joint (b) Any express warranty venture, and over which you maintain unauthorized by you, ownership or majority interest, will qualify (c) Any physical or chemical change as a Named Insured if there is no other in product made intentionally by similar insurance available to that the vendor, organization However (d) Repackaging, unless unpacked (1) Coverage under this provision is solely for the purpose of afforded only until the 180th day after inspection, demonstration, testing, you acquire or form the organization or substitution of parts under or the end of the policy period, instructions from the whichever is earlier, and manufacturer, and then (2) Coverage under this provision does repackaged in the original not apply to container; (a) "Bodily injury" or "property (e) Any failure to make such damage"that occurred, or inspections, adjustments, tests or (b) "Personal and advertising injury" servicing as the vendor has arising out of an offense agreed to make or normally committed before you acquired or undertakes to make in the usual y q course of business, in connection formed the organization with the distribution or sale of the 1. Newly Formed or Acquired products, Organizations (f) Demonstration, installation, Any subsidiary and subsidiary thereof, of servicing or repair operations yours which is a legally incorporated entity except such operations performed of which you own a financial interest of at the vendor's premises in more than 50% of the voting stock on the connection with the sale of the effective date of this policy product, Form SS 00 08 03 00 The insurance afforded herein for any 2.a. To any insured, except volunteer subsidiary not shown in the Declarations workers as a named insured does not apply to (3) When used in this provision injury or damage with respect to which an volunteer worker(s) means a person insured under this policy is also an insured who is not paid a fee, salary or other under another policy or would be an compensation insured under such policy but for its termination or upon the exhaustion of its 3. Additional Insured -Mobile Equipment limits of insurance With respect to "mobile equipment" registered j. Additional Insured -Volunteers in your name under any motor vehicle registration law, any person is an insured Any person(s)who are volunteer worker(s) while driving such equipment along a public for you, but only while acting at the highway with your permission. Any other direction of, and within the scope of their person or organization responsible for the duties for you conduct of such person is also an insured, but (1) However, no volunteer worker(s) are only with respect to liability arising out of the insureds for. operation of the equipment, and only if no (a) "Bodily injury", "property damage" other insurance of any kind is available to that or "personal and advertising person or organization for this liability injury" arising out of rendering or However, no person or organization is an the failure to render professional insured with respect to services a. 'Bodily injury" to a co-"employee" of the (b) "Bodily injury" or "personal and person driving the equipment, or advertising injury" b. "Property damage" to property owned by, (i) To you, to your partners or rented to, in the charge of or occupied by members (if you are a you or the employer of any person who is partnership or joint venture), an insured under this provision to your members (if you are a No person or organization is an insured with limited liability company), your respect to the conduct of any current or past other volunteer worker(s) or to partnership, joint venture or limited liability your "employees" arising out company that is not shown as a Named Insured in of and in the course of their the Declarations duties for you; D. LIABILITY AND MEDICAL EXPENSES (ii) To the spouse, child, parent, LIMITS OF INSURANCE brother or sister of your volunteer worker(s) or your 1. The Limits of Insurance shown in the "employees" as a Declarations and the rules below fix the most consequence of paragraph (1) we will pay regardless of number of (a) above, or a. Insureds, (c) "Property damage"to property: b. Claims made or"suits" brought, or (i) Owned, occupied or used by, c. Persons or organizations making claims or n Rented to, in the care, bringing"suits" custody or control of, or over 2• Aggregate Limits which physical control is being The most we will pay for exercised for any purpose by a. Injury or damages under the "products- you, any of your other volunteer completed operations hazard" arising from workers, your "employees", any all "occurrences" during the policy period partner or member (if you are a is the Products-Completed Operations partnership or joint venture) or any Aggregate Limit shown in the member (if you are a limited Declarations liability company) b. All other injury or damages, including (2) Exclusion B.2.a. Applicable to Medical medical expenses, arising from all Expenses Coverage is replaced by "occurrences" during the policy period is the following the General Aggregate Limit shown in the Declarations Form SS 00 08 03 00 This General Aggregate Limit applies be deemed part of the last preceding period for separately to each of your "locations" purposes of determining the Limits of Insurance owned by or rented to you E. LIABILITY AND MEDICAL EXPENSES "Location" means premises involving the GENERAL CONDITIONS same or connecting lots, or premises whose connection is interrupted only by a 1. Bankruptcy street, roadway or right-of-way of a Bankruptcy or insolvency of the insured or of railroad. the msured's estate will not relieve us of our This aggregate limit does not apply to obligations under the policy "property damage" to premises rented to 2. Duties in The Event of Occurrence, Claim you arising out of fire, lightning or or Suit explosion a. You must see to it that we are notified 3. Subject to item 2. above, the most we will pay promptly of an "occurrence" or an offense for the sum of all damages because of all which may result in a claim To the extent "bodily injury", "property damage" and medical possible, notice should include expenses arising out of any one "occurrence" (1) How, when and where the "occurrence" is the Liability and Medical Expenses Limit or offense took place,and shown in the Declarations (2) The names and addresses of any The most we will pay for all medical expenses injured persons and witnesses, and because of "bodily injury" sustained by any one person is the Medical Expenses Limit (3) The nature and location of any injury shown in the Declarations, or damage arising out of the 4. Subject to item 2. above, the most we will pay occurrence or offense for the sum of all damages because of all This condition applies only when the "personal and advertising injury" sustained by "occurrence" or offense is known to any one person or organization is the Personal (1) You, if you are an individual, and Advertising Injury Limit shown in the (2) A partner, if you are a partnership, or Declarations (3) A manager if you are a limited liability 5. The most we will pay under Business Liability company, Coverage for damages because of "property (4) An "executive officer" or insurance damage" to premises rented to you, or in the manager, if you are a corporation, or case of fire, while rented to you or temporarily occupied by you with permission of the owner, (5) Any elected or appointed official, if is the Damage To Premises Rented To You you are a political subdivision or public Limit shown in the Declarations, entity The Damage to Premises Rented To You b. If a claim is made or "suit" is brought Limit applies to all damage proximately against any insured, you must caused by the same event, whether such (1) Immediately record the specifics of the damage results from fire, lightning or claim or "suit" and the date received; explosion or any combination of the three and If more than one limit of insurance under this (2) Notify us as soon as practicable. policy and any endorsements attached thereto You must see to it that we receive a applies to any claim or "suit", the most we will pay written notice the claim "suit" as soon under this policy and the endorsements is the single highest limit of liability of all coverages as practicable applicable to such claim or "suit" However, this But this condition will not be considered paragraph does not apply to the Medical breached unless the breach occurs after Expenses limit set forth in paragraph 3. above such claim or"suit" is known to The limits of this policy apply separately to each (1) You, if you are an individual, consecutive annual period and to any remaining (2) A partner, if you are a partnership,or period of less than 12 months, starting with the (3) A manager if you are a limited liability beginning of the policy period shown in the company, Declarations, unless the policy period is extended (4) An "executive officer" or insurance after issuance for an additional period of less than manager, if you are a corporation, or 12 months In that case, the additional period will Form SS 00 08 03 00 c. You and any other involved insured must* 5. Separation of Insureds (1) Immediately send us copies of any Except with respect to the Limits of Insurance, demands, notices, summonses or and any rights or duties specifically assigned legal papers received in connection in this policy to the first Named Insured, this with the claim or "suit", insurance applies: (2) Authorize us to obtain records and a. As if each Named Insured were the only other information, Named Insured, and (3) Cooperate with us in the investigation, b. Separately to each insured against whom settlement of the claim or defense a claim is made or"suit" is brought. against the"suit"; and 6. Unintentional Failure to Disclose Hazards (4) Assist us, upon our request, in the enforcement of any right against any It is agreed that based on our reliance on your may be representations as to existing hazards, if person or organization that liable to the insured because be unintentionally you should fail to disclose all or damage to which this insurance such hazards at the inception date of your may also apply. policy, we shall not deny any coverage under d. No insureds will, except at their own cost, this Coverage Form because of such failure voluntarily make a payment, assume any 7. Other Insurance - Primary Additional obligation, or incur any expense, other Insured than for first aid, without our consent. If the written contract or agreement or permit 3. Financial Responsibility Laws requires this insurance to be primary for any a. When this policy is certified as proof of person or organization with whom you agree financial responsibility for the future under to include in WHO IS AN INSURED, this Other the provisions of any motor vehicle Insurance Provision is applicable financial responsibility law, the insurance If other valid and collectible insurance is provided by the policy for "bodily injury" available for a loss we cover under this liability and "property damage" liability will Business Liability Coverage Form, our comply with the provisions of the law to obligations are limited as follows the extent of the coverage and limits of a. Primary Insurance insurance required by that law. This insurance is primary We will not b. With respect to "mobile equipment" to seek contributions from other insurance which this insurance applies, we will available to the person or organization provide any liability, uninsured motorists, with whom you agree to include in WHO underinsured motorists, no-fault or other IS AN INSURED, except when b. applies. coverage required by any motor vehicle b. Excess Insurance law We will provide the required limits for those coverages This insurance is excess over. 4. Legal Action Against Us (1) Any other insurance, whether primary, No person or organization has a right under excess, contingent or on any other this coverage form basis a. To loin us as a party or otherwise bring us (a) That is Fire, Extended Coverage, into a "suit" asking for damages from an Builder's Risk, Installation Risk or insured, or similar coverage for"your work", b. To sue us on this coverage form unless all (b) That is Fire insurance for of its terms have been fully complied with premises rented to you or A person or organization may sue us to temporarily occupied by you with permission of the owner, recover on an agreed settlement or on a final judgment against an insured obtained after an (c) That is insurance purchased by actual trial, but we will not be liable for you to cover your liability as a damages that are not payable under the terms tenant for "property damage" to of this policy or that are in excess of the premises rented to you or applicable limit of insurance An agreed temporarily occupied by you with settlement means a settlement and release of permission of the owner, or liability signed by us, the insured and the claimant or the claimant's legal representative (d) If the loss arises out of the not subject to Exclusion g. of maintenance or use of aircraft, Section A.—Coverages. "autos" or watercraft to the extent Form SS 00 08 03 00 (2) Any other primary insurance available 1. Additional Insured - Designated Person or to you covering liability for damages Organization arising out of the premises or WHO IS AN INSURED under Section C. is operations for which you have been amended to include as an insured the person added as an additional insured by or organization shown in the Declarations, but attachment of an endorsement only with respect to liability arising out of your When this insurance is excess over other operations or premises owned by or rented to insurance, we will pay only our share of you the amount of the loss, if any, that 2. Additional Insured - Managers or Lessors exceeds the sum of- of Premises (1) The total amount that all such other a. WHO IS AN INSURED under Section C. is insurance would pay for the loss in the amended to include as an insured the absence of this insurance, and person(s) or organization(s) shown in the (2) The total of all deductible and self- Declarations, but only with respect to insured amounts under all that other liability arising out of the ownership, insurance maintenance or use of that part of the We will share the remaining loss, if any, premises leased to you and shown in the with any other insurance that is not Declarations and subject to the following described in this excess of the Limits of additional exclusions Insurance shown in the Declarations of b. Additional Exclusions this Coverage Part This insurance does not apply to: c. Method of Sharing (1) Any "occurrence" which takes place If all the other insurance permits after you cease to be a tenant in that contribution by equal shares, we will follow premises, or this method also Under this approach, (2) Structural alterations, new each insurer contributes equal amounts construction or demolition operations until it has paid its applicable limit of performed by or for that person or insurance or none of the loss remains, organization. whichever comes first 3. Additional Insured -Grantor of Franchise If any of the other insurance does not WHO IS AN INSURED under Section C. is permit contribution by equal shares, we amended include as an insured the will contribute by limits Under this method, each insurer's share is based on person(s) or organization(s) shown in the the ratio of its applicable limit of insurance Declarations, but only with respect to their to the total applicable limits of insurance of liability as grantor of franchise to you. all insurers 4. Additional Insured - Lessor of Leased This provision provides such insurance as Equipment is afforded under this policy, but only with a. WHO IS AN INSURED under Section C. is respect to your operations, "your work" or amended to include as an insured the facilities owned or used by you person(s) or organization(s) shown in the F. OPTIONAL COVERAGES Declarations, but only with respect to their liability arising out of the maintenance, If listed or shown as applicable in the Declarations, operation or use by you of equipment one or more of the following Optional Coverages leased to you b such also apply. These coverages are subject to the organization(s) y Person(s) or terms and conditions applicable to Business b. Additional Exclusions Liability Coverage in this policy, except as provided below This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires, or (2) To "bodily injury" or "property damage" arising out of the sole negligence of the lessor Form SS 00 08 03 00 5. Additional Insured - Owners or Other This exclusion does not apply to Interests From Whom Land Has Been liability for damages that the Leased vendor would have in the absence WHO IS AN INSURED under Section C. is of the contract or agreement, amended to include as an insured the person (b) Any express warranty or organization shown in the Declarations, but unauthorized by you, only with respect to liability arising out of the (c) Any physical or chemical change ownership, maintenance or use of that part of in the product made intentionally the land leased to you and shown in the by the vendor, Declarations and subject to the following additional exclusion (d) Repackaging, unless unpacked solely for the purpose of This insurance does not apply to inspection, demonstration, testing, a. Any "occurrence" that takes place after or the substitution of parts under you cease to lease that land, or instructions from the b. Structural alterations, new construction or manufacturer, and then demolition operations performed by or for repackaged in the original the person or organization shown in the container, Declarations (e) Any failure to make such 6. Additional Insured - State or Political inspections, adjustments, tests or Subdivision -Permits servicing as the vendor has a WHO IS AN INSURED under Section C. is agreed to make or normally undertakes to make in the usual amended to include as an insured the course of business, in connection state or political subdivision shown in the with the distribution or sale of the Declarations, but only with respect to products, operations performed by you or on your behalf for which the state or political (f) Demonstration, installation, subdivision has issued a permit servicing or repair operations, b. Additional Exclusions except such operations performed at the vendor's premises in This insurance does not apply to: connection with the sale of the (1) "Bodily injury", "property damage" or product, "personal and advertising injury" (g) Products which, after distribution arising out of operations performed for or sale by you, have been labeled the state or political subdivision, or or relabeled or used as a (2) "Bodily injury" or "property damage" container, part or ingredient of any included in the "product-completed other thing or substance by or for operations" hazard the vendor 7. Additional Insured -Vendors (2) This insurance does not apply to any a. WHO IS AN INSURED under Section C. is insured person or organization, from amended to include as an insured the whom you have acquired such products, or any ingredient, part or person(s) or organization(s) (referred to container, entering into, below as vendor) shown in the accompanying or containing such Declarations, but only with respect to "bodily injury" or "property damage" products arising out of "your products" which are (2) This Provision 7. does not apply to distributed or sold in the regular course of any vendor included as an insured by the vendor's business an endorsement issued by us and b. Additional Exclusions made a part of this Coverage Form (3) This Provision 7. does not apply if (1) The insurance afforded the vendor does not apply to: "bodily injury" or "property damage" included within the "products- (a) "Bodily injury" or "property completed operations hazard" is damage" for which the vendor is excluded either by the provisions of obligated to pay damages by this Coverage Form or by reason of the assumption of endorsement liability in a contract or agreement Form SS 00 08 03 00 1 8. Additional Insured — Controlling b. Any other publication that is Interest given widespread public WHO IS AN INSURED under distribution Section C. is amended to include as However, "advertisement" does not an insured the person(s) or include the design, printed material, organization(s) shown in the information or images contained in, Declarations but only with respect to on or upon the packaging or labeling their liability arising out of of any goods or products. a. Their financial control of you; or 2. "Advertising idea" means any idea b. Premises they own, maintain or for an "advertisement" control while you lease or 3. "Auto" means a land motor vehicle, occupy these premises trailer or semi-trailer designed for This insurance does not apply to travel on public roads, including any structural alterations, new attached machinery or equipment construction and demolition But "auto" does not include "mobile operations performed by or for that equipment' person or organization 9. Additional Insured — Owners, 4. "Bodily injury' means bodily injury, Lessees or Contractors — sickness or disease sustained by a Scheduled Person or person, including mental anguish or Organization. death resulting from any of these at WHO IS AN INSURED under any time. Section C. is amended to include as 5. "Coverage territory"means insured the person or organization a. The United States of America shown in the Declarations, but only (including its territories and with respect to liability arising out of possessions), Puerto Rico and your ongoing operations performed Canada, for that insured b. International waters or airspace, 10. Additional Insured — Co-Owner of provided the injury or damage Insured Premises does not occur in the course of WHO IS AN INSURED under travel or transportation to or Section C. is amended to include as from any place not included in a. an insured the person(s) or above, or Organization(s) shown in the c. All parts of the world if: Declarations, but only with respect (1) The injury or damage arises to their liability as co-owner of the out of premises shown in the Declarations G. LIABILITY AND MEDICAL (a) Goods or products made or sold by you in EXPENSES DEFINITIONS the territory described in 1. "Advertisement" means a a. above, or dissemination of information or (b) The activities of a images that has the purpose of person whose home is inducing the sale of goods, products in the territory described or services through in a, above, but is away a. (1) Radio; for a short time on your (2) Television; business, and (3) Billboard, (2) The insured's responsibility to pay damages is (4) Magazine; determined in a "suit"on the (5) Newspaper; or merits in the territory described in a. asettlement to which we agree Form SS 00 08 03 00 6. "Employee" includes a "leased worker" "Employee" does not include a "temporary worker" 7. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document 8. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be 9. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair, replacement, adjustment or removal of "your product" or"your work", or Your fulfilling the terms of the contract or agreement Form SS 00 08 03 00 • ISSUE DATE(MM/DD/YY) 04AN05 R PRODUCER THIS CERI IFICATE IS ISSUED AS A MATTER OF INFORNIATION ONLY AND CONFERS NO RIGHTS UPON rHEIR CERT IFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Marsh Affinity Group Services 1215 Fouith Avenue Suite 600 COMPANIES AFFORDING COVERAGE Seattle,WA 98161 COMPANY A Continental Casualty Company(CNA) LETTER INSURED COMPANY B LETTER David A.Clark Architects,PLLC COMPANY C 11737 SE 256`h Place LETTER Kent, WA 98031-7897 COMPANY D LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT 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 co TYPE OF INSURANCE POLICYNUMBER POLICY EFFECTIVE POLICYEXPIRATION LTR DATE(MMD DATE(MWDD/YY) GENERAL LIABILITY GENERALAGGREGATE COMMERCIAL GENERAL LIABILITY PRODUCTS COMPiOPS AGGREGATE CLAIMSMADE FJ OCCURRENCE PERSONAL&ADVERTISING NTRY OWNERS&CONTRACTORS PROTECTIVE EACH GCCORENCE FIRE DAMAGE(ANY ONE FIRE) MEDICAL EXPENSE(ANY ONE PERSON) AUTOMOBILE LIABILITY CSL ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (PER PERSON) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (PER $ ACCIDENT) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH AGGRE OCCURRENCE GATE $ $ OTHER THAN UMBRELLA FORM STATUTORY WORKERS'COMPENSATION S (EACH ACCIDENT) AND $ (DISEASE POLICY LIMIT) EMPLOYERS'LIABILITY $ (DISEASE-EACH EMPLOYEE) A OTHER SFA 11-407-09-44 06/15/02 06/15/05 LIMITS $ 2,000,000 each claim Professmnal LTablhty 2,000,000 aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS Evidence of insurance Project West FenwlckRestroontBuilding r ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE ON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Cl Of Kent WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BL1 TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LABILITY OP ANY Parks Planning and Development N THE COMPANY,ITS AGENTS OR REPRESENTATIVES Attn Joan Broom RIZED REPRESENTATIVE 220 4`hAve S �Kent, WA 98032-5895 ^