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HomeMy WebLinkAboutPK06-164 - Original - Seattle Solstice, LLC - Town Square Plaza Fountain Base - 08/04/2006 Records Manz- -gem e- n- _i, KENT WASHINGTON _-= Document �s. 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: Zle 5�� Contract Number:" q This is assigned by Mary Simmons Vendor Number: Project Name: TOGy<7 �I,�GCI�-li ��GZl� iGi<? '5� Contract Effective Date: Contract Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: '191 zg4e 111 Department: Abstract: ADCL7832 07/02 40 KENT WASHINGTON CITY OF KENT PARKS, RECREATION & COMMUNITY SERVICES MEMORANDUM TO Mayor Suzette Cooke FROM Lori Hogan, Acting Director C John Hodgson SUBJECT: Waiver of Procurement Requirements DATE: July 19, 2006 REFERENCE Section 3 70 080 Kent City Code Number 1 1 10 City of Kent Administration Policy PROJECT: Town Square Plaza FUNDING General Obligation Bonds The Parks Department is asking for a written determination waiving the bidding requirements as allowed in the above referenced sections to purchase the base for the floating granite sphere fountain that is being donated by the Kent Rotary Clubs as provided by Seattle Solstice LLC. The estimated cost of the base is $35,000 00 which includes design, engineering, fabrication and delivery Applicable Washington State Sales Tax (WSST) of 8 8% will be added to the contract The funding source is City of Kent General Obligation Bonds dedicated towards the development of Town Square Plaza. We believe it is in the City's best interest to negotiate a purchase price directly with Seattle Solstice LLC for the following reasons • Seattle Solstice is fabricating the sphere and base from the same piece of granite while the granite piece being used has been imported from India for this protect • It is critical that the sphere is engineered to float freely inside of the base while the tolerances necessary between both pieces is essential in the proper function of the piece as a whole • The only two other companies that have the technology to fabricate the base are located in Germany and Japan, making it difficult to meet our schedule and budget If you determine the procurement waiver is justified,and once the contractwith Seattle Solstice LLC is negotiated, it will be submitted to the Parks Committee and the City Council for signature author Lion or zette Cooke Date( Town Square Plaza 1 of 1 07/19/06 Fountain Base Waiver 2 AGREEMENT FOR ART WORK • between the City of Kent and Seattle Solstice, LLC KENT Jq 5I I.GT.N THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (the "City"), and Seattle Solstice, L.L.C. ("the Artist"), located and doing business at 7500 Fifth Avenue South, Seattle, WA 98108. ARTICLE 1. SCOPE OF SERVICES. 1.1 General. a. The Artist shall perform all services and work, and furnish all supplies, materials, and equipment as necessary for designing, engineering, fabricating and delivering to the City of the Work as described in attached Exhibit A, incorporated by this reference (the "Work"). b. The Artist shall determine the artistic expression, scope, design, color, size, material, and texture of the Work, subject to review and acceptance by the City. C. The Artist will estimate the life of the Work and will guarantee durability of workmanship and materials against normal exposure to the elements in the Town Square Plaza for five (5) years. 1.2 Structural Design Review. a. Within thirty (30) days after the City approves the Work, the Artist shall prepare and submit to the City detailed working drawings of the Work, together with such other graphic material as may reasonably be requested by the City in order to permit the City to carry out structural design review and to certify the compliance of the Work with any applicable statutes and ordinances. The City shall furnish to the Artist all information, materials, and assistance required by the Artist in connection with said submission by the Artist promptly on the request by the Artist for such information. Should the Structural Design Review find that the Artist's work does not conform to safety and material standards, the Artist shall be required to make the necessary changes at its own expense. b. The City may require the Artist to make such revisions to the Work as are necessary for the Work to comply with applicable statutes, ordinances, or regulations of any governmental regulatory agency having jurisdiction over the project. C. The City may also request revisions for other practical (non-aesthetic) reasons. d. Within ten (10) days after the receipt of the Artist's submission pursuant to Section 1.3, the City shall notify the Artist of its approval or disapproval of such submission and of all revisions made in the Work as a result thereof. Revisions made pursuant to this Agreement become a part of the Work. 1.3 Execution of the Work. a. After written approval of the submissions and revisions made pursuant to Section 1.2, the Artist shall furnish to the City a schedule for completion of fabrication and delivery of the Work, including a schedule for the submission of progress reports, if any. After written approval of the schedule by the City, the Artist shall design, fabricate, and deliver the Work in accordance with that schedule. The schedule may only be amended by written agreement between the City and the Artist. b. The City shall have the right to review the Work at reasonable times during fabrication. The Artist shall submit progress reports to the City in accordance with the schedule provided for in Section 1.3(a). AGREEMENT FOR ARTWORK - 1 1 C. The Artist shall complete the fabrication and delivery of the Work in substantial conformity with the Work. d. In the event the services of the Artist are integrated into, combined, or otherwise coordinated with services by third parties not within the control of the Artist, the Artist shall not be responsible for that third party services. If proper execution of the Artist's work depends upon the work of the City or a third party, the Artist shall, prior to proceeding with the work, promptly report to the City any apparent discrepancies or defects in the third party's work that renders it unsuitable for proper execution. Any costs incurred as a result of the defective work shall be borne by the party responsible for the discrepancy or defect. 1.4 Delivery and Installation. a. The Artist shall notify the City in writing when fabrication of the Work is complete and Work installation in compliance with ready for delivery and the Artist shall deliver the completed for s p procedures approved by the City pursuant to Section 1.3. 1.5 Post-Installation. a. The Artist shall be available at those times agreed between the City and the Artist to attend any inauguration or presentation ceremonies relating to the Work. The City shall use its best efforts to arrange publicity for the completed Work. b. Upon completion, the Artist shall provide written instructions for appropriate maintenance and preservation of the Work. 1.6 Final Acceptance. a. The Artist shall advise the City in writing when all services required prior to those described in Section 1.5(b) have been completed in substantial conformity with the Work. b. When the City determines that the work contemplated in this Agreement is complete,the City shall notify the Artist of its final acceptance of the Work. 1.7 Risk of Loss. The risk of loss or damage to the Work shall be borne by the Artist until final acceptance by the City, and the Artist shall protect the Work from loss or damage until final acceptance; except that the risk of loss or damage shall be borne by the City prior to final acceptance while the Work is in the actual custody, control, or supervision of the City; provided, that the Artist shall bear the risk of loss and damage of the Work due to structural or design defects at all times including the warranty period. 1.8 Indemnity by City. Each party shall defend, indemnify, and hold the other harmless for losses attributed to each party's own comparative negligence. 1.9 Title. Title to the Work shall pass to the City upon final acceptance. 1.10 Ownership of Documents, Models. Upon final acceptance, all studies, drawings, designs, maquettes, and models prepared and submitted under this Agreement shall be returned to the Artist and shall belong to the Artist. The City may select and the Artist shall convey to the City one of the original drawings submitted pursuant to Section 1.2 as part of the Work, the City representing that such drawing(s) will be used by it solely for exhibition. At the request of the City, the Artist agrees to loan the City studies, drawings, and maquettes for use in exhibits of display and the Artist will not unreasonably withhold its consent. AGREEMENT FOR ARTWORK - 2 ` ARTICLE 2. COMPENSATION, PAYMENT SCHEDULE, AND EXPENSES. 2.1 Compensation and Payment Schedule. The Artist shall be paid for Work only as provided in this section. Each payment shall constitute full compensation for all work performed and services rendered including all incidentals necessary to complete the Work. If state sales tax is due, the City will pay that amount owing to the Artist who shall be responsible to collect and report those taxes to the State. Total payment, including all expenses and sales tax, if any, shall not exceed the sum of$35,000. Payments will be made as follows: Payment of $17,500 Upon both parties' execution of this Agreement. Payment of $17,500 Within thirty (30) days from the date of final acceptance 2.2 Artist's Expenses. The Artist shall be responsible for the payment of all mailing or shipping charges on submissions to the City, the costs of transporting the Work to the site, and the costs of all travel by the Artist and the Artist's agents and employees necessary for the proper performance of the services required under this Agreement. ARTICLE 3. TIME OF PERFORMANCE. 3.1 Duration. Time is of the essence in the Artist's performance of this Agreement. The services set forth in Article 1 shall be completed in accordance with the schedule for completion of the Work pursuant to Section 1.2. 3.2 Early Completion of Artist Services. The Artist shall bear the transportation and storage costs resulting from the completion of Artist services hereunder prior to the time provided in the schedule for completion. 3.3 Time Extensions. The City shall grant a reasonable extension of time to the Artist in the event there is a delay on the part of the City in performing its obligations under this Agreement or in completing the underlying capital project. ARTICLE 4. WARRANTIES. 4.1 Warranties of Title. In addition to the warranty set forth in paragraph 1.1(c), the Artist also warrants that: (a) the Work is solely the result of the artistic effort of the Artist; (b) except as otherwise disclosed in writing to the City, the Work is unique and original and does not infringe upon any copyright; (c) that the Work or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the Work is free and clear of any liens from any source whatsoever. 4.2 Warranties of Quality and Condition. In addition to the warranty set forth in paragraph 1.1(c), Artist represents and warrants, except as otherwise disclosed to the City in writing in connection with submission of the Work pursuant to Section 1.1(b) and 1.2(c), that: (a) the execution and fabrication of the Work will be performed in a workmanlike manner; (b) the Work, as fabricated and installed, will be free of defects in material and workmanship, including any defects that would cause or accelerate deterioration of the Work; and (c) reasonable maintenance of the Work will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the Artist to the City hereunder. The warranties described in this Section 4.2 shall survive for a period of five (5) years as outlined in Section 1.1(c), after the City's final acceptance of the Work. The City shall give notice to the Artist AGREEMENT FOR ARTWORK - 3 of any observed breach with reasonable promptness. The Artist shall, at the request of the City, and at no cost to the City, cure reasonably and promptly the breach of any warranty and Artist's cure will be consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Work). ARTICLE 5. INSURANCE. Artist 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. ARTICLE 6. REPRODUCTION RIGHTS. 6.1 Retention of Rights and Issuance of License. The Artist retains all rights it may be entitled to pursuant to the Copyright Act of 1976, 17 U.S.C. § 101, et sea., and all other rights in and to the Work except ownership and possession, and except as such rights are limited by this Section 6.1. Because the parties intend that the Work in its final dimension shall be unique, the Artist shall not make any additional exact duplicate reproductions of the Work or permit others to do so except by written permission of the City. 6.2 Recognition of Cif. The Artist shall use her best efforts to give a credit reading substantially, "an original work owned and commissioned by the City of Kent," in any public showing under the Artist's control of reproductions of the Work. 6.3 Intellectual Property. If for any reason the proposed design is not implemented, all rights to the proposed Artist's artwork shall be recognized as the Artist's intellectual property. ARTICLE 7. ARTIST'S RIGHTS. 7.1 Maintenance. The City shall take reasonable steps to assure that the Work is maintained and protected. The City shall take into account the instructions and recommendations of the Artist and shall take reasonable steps to protect and maintain the Work in its original condition. 7.2 Repairs and Restoration. a. The City shall have the right to determine, after consultation with a professional conservator, when and if repairs and restorations to the Work will be made. The City may, at its option, consult with the Artist regarding the aesthetics of all repairs and restorations. b. All repairs and restorations shall be made in accordance with recognized principles of conservation. 7.3 Alteration of the Work or of the Site. a. The City agrees that it will not alter, modify, or change the Work without first attempting to obtain the prior written approval of the Artist. b. The City shall employ its good faith efforts to notify the Artist of any proposed alteration of the site that would affect the intended character and appearance of the Work, to consult with the Artist in the planning and execution of any alteration, and to make a reasonable effort to maintain the integrity of the Work. C. Nothing in this Section 7.3 shall preclude any right of the City: (1) to remove the Work from public display or (2) to sell or destroy the Work for any reason. If the City at any time decides to sell or destroy the Work, it shall, by written notice to the Artist's last known address to the City, offer the Artist a AGREEMENT FOR ARTWORK - 4 reasonable opportunity to purchase or recover the Work pursuant to Washington State law for the disposition of property and applicable local ordinances, policies, or rules relating to the disposition of City personal property. 7.4 Artist's Address, The Artist shall notify the City of changes in address. The failure to do so, if such failure prevents the City from locating the Artist, shall be deemed a waiver by the Artist of the right subsequently to enforce those provisions of this Article 7. 7.5 Surviving Covenants. The covenants and obligations set forth in this Article 7 shall be binding upon the parties, their heirs, legatees, executors, administrators, assigns, transferees, and all their successors in interest, and the City's covenants do attach and run with the Work. ARTICLE S. ARTIST AS INDEPENDENT CONTRACTOR. The Artist shall perform all Work under this Agreement as an independent contractor and not as an agent or an employee of the City. The Artist shall not be supervised by any employee of the City nor shall the Artist exercise supervision over any employee or official of the City. i ARTICLE 9. ASSIGNMENT, TRANSFER, SUBCONTRACTING. 9.1 Written Consent. Neither the City nor the Artist shall assign or transfer an interest in this Agreement without the prior written consent of the other; provided, however, that claims for money due or to become due from the City under this Agreement may be assigned to a financial institution without approval. 9.2 Subcontracting. The Artist may not subcontract the Work. ARTICLE 10. TERMINATION. Either party may terminate this Agreement upon giving the other party not less than thirty (30) days written notice as provided in Section 11.4 of this Agreement. ARTICLE 11. MISCELLANEOUS. 11.1 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. 11.2 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. 11.3 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; AGREEMENT FOR ARTWORK - 5 ` provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section 1,8 of this Agreement. 11.4 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. 11.5 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. 11.6 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 Vendor. 11.7 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. 11.8 Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 11.9 Heirs and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the City and the Artist and their respective heirs, personal representative, successors and permitted assigns. IN WITNESS,the parties below execute this Agreement, which shall become effective on the last date entered below. ARTIST: CITY: SEA S TICE L.L CITY OF By, By: (signa re) (signature) Print Name: Stuart Kendall Prin Nam Suzette Cooke Its Owner RZINCIPAL Its Mayor l (t1t1e) Q DATE: S4QO DATE: U v AGREEMENT FOR ARTWORK - 6 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ARTIST: CITY OF KENT: Stuart Kendall Mr. Perry Brooks Seattle Solstice LLC City of Kent Parks and Community Svcs Dept. 7500 Fifth Avenue South 220 Fourth Avenue South Seattle, WA 98108 Kent, WA 98032 (206) 763-0221 (telephone) (253) 856-5114 (telephone) (206) 763-0277 (facsimile) (253) 856-6050 (facsimile) AnIftROVED AS TO FORM: I Ke Law e tment F\ON\FlIS\OpanFllea\OSOS-3W6\FaunbinBaBFlvt Doc AGREEMENT FOR ARTWORK - 7 EXHIBIT A July 19, 2006 TO: Perry Brooks Kent Parks Department City of Kent, Washington RE: Ball base for new City of Kent park- Contract between the city of Kent or it's agent and Seattle Solstice LLC. The following letter agreement concerns the design, engineering, fabrication and delivery of the base socket with plastic surrounds required for the approximately 62" diameter floating sphere which is being donated by the Rotary Clubs of Kent in association with Seattle Solstice, LLC 1. FORM: A base socket with a plastic surround, engineered and fabricated to support the floating "ball" (sphere)which will be supplied by others. 2. SIZE: Approximately 56.25" in Diameter by 25.50" inches high. These figures are subject to a plus/minus tolerance of 8%. Actual as built dimensions will be available by August 1, 2006 at which time drawings to affected parties will be released 3. MATERIAL: Reinforced,banded cast concrete with a machined UHMW polyethylene inner liner and an ABS plastic surround per Portico's specifications for material, dimensions and color 4. WEIGHT: Approximately 28001bs. 5. MECHANICAL AND STRUCTURAL SYSTEMS: The base will be cast in ferro cement with reinforcing steel, lifting eyes, water delivery entry points and a polyethylene liner, secured to the concrete via cast in place stainless hardware. A 12" wide stainless steel compression band will surround the top of the cylindrical side The lifting eyes will penetrate a temporary socket cover. Seattle Solstice will remove both the lifting eyes and the cover when the sphere is seated The ABS plastic surround will be attached to the base via stainless steel assemblies and hardware. 6. TOTAL PRICE: $38,080.00 This price includes state and local sales taxes, design, engineering, fabrication, insurance and delivery of the base to the site along with supervision as required by the City of Kent's contractor for its installation. 7. TIME OF DELIVERY: Delivery of the base will be at the option of the Contractor, but no sooner than September 15, 2006. 8. LAW: The terms of this agreement will be governed by Washington State Law. 9. TERMS AND CONDITIONS OF PAYMENT: At the time of approval and signing of this contract, 50% of the contract sum will be due and payable to Seattle Solstice in order to begin the work The final 50% of the contract sum will be due and payable within thirty(30) days of satisfactory completion of the installation of the base at the City of Kent's park site site All payments are to be made by the City of Kent or by Their Designated Representative to Seattle Solstice, LLC. 10 WARRANTY: Seattle Solstice guarantees the socket base to be free of any defects in material or workmanship However Seattle Solstice will not be liable for any damage after the installation of the base socket which might occur as a result of accidents or mishandling by personnel working or recreating in the area. Seattle Solstice will provide a full five-year warranty—parts and labor—on the base socket and we will be happy to negotiate a further limited warranty and/or maintenance agreement for the entire base socket and sphere with the City of Kent once the installation is commissioned and accepted This contract is the entire agreement between the parties. If the above meets your approval, kindly sign and return the enclosed copy of this contract along with your check for the initial payment. Stuart Kendall, Seattle Solstice, LLC City of Kent's Authorized Representative Approved (Date) EXHIBIT B INSURANCE REQUIREMENTS FOR CONSTRUCTION AND SERVICE CONTRACTS 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 from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1 Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage If necessary, the policy shall be endorsed to provide contractual liability coverage 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 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. 3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations 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 Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current AM Best rating of not less than AN IL II. 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. ACORDM CERTIFICATE OF LIABILITY INSURANCE oiiia/2o 6 PRODUCER (206)363-1110 FAX (206)363-2044 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Nowogroski Rupp Insurance Group ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 11027 Meridian Avenue N #103 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Seattle, WA 98133 INSURERS AFFORDING COVERAGE NAIC# INSURED SEATTLE SOLSTICE LLC INSURERA American States Ins. Co. 19704 7506 STH AVE S INSURER SEATTLE, WA 98108 INSURER INSURER D INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTW ITHSTANDINI 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 ADDT TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE IMMIDDiYY) DATE(Mi LIMITS GENERAL LIABILITY 01CG30895640 04/21/2006 04/21/2007 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 200,000 CLAIMS MADE [K] OCCUR MED EXP(Any one person) $ 10,000 A PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY PROECT LOC J AUTOMOBILE LIABILITY 01CG30895640 04/21/2006 04/21/2007 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ A X HIREDAUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND 01CG30895640 04/21/2006 04/21/2007 WC STATU- I X OTH- EMPLOYERS'LIABILITY E L EACH ACCIDENT ER $ 1000000 A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? E L DISEASE-EA EMPLOYEE $ 1,000,000 If yes describe under — SPECIAL PROVISIONS below E L DISEASE-POLICY LIMIT $ 2.000.000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT;SPECIAL PROVISIONS Tty of Kent, its officers, officials, directors, agents and employees are included as Additional Insured as respects their interest in the operations of the Named Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Kent 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn• Joan Broom BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 220 4th Ave S OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES Kent, WA 98032 AUTHORIZED REPRESENTATIVE Richard Kob lk/SHARl ACORD 25(2001/08) FAX: (253)856-6000 ©ACORD CORPORATION 1988 S A F E C a COMMERCIAL GENERAL LIABILITY Policy# 01 CG30895640 CG 86 74 10 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS LIABILITY PLUS ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Kent, its officers, officials, directors, agents and employees DUTY TO DEFEND (1) The amount we will pay for damages Is limited as described In SECTION 111 — Paragraph a. of SECTION 1 — COVERAGE A and LIMITS OF INSURANCE; and COVERAGE B Is replaced by the following: (2) Our right and duty to defend ends when a. We will pay those sums that the Insured be- we have used up the applicable limit of comes legally obligated to pay as damages insurance In the payment of judgments because of "bodily injury", "property or settlements under COVERAGES A damage" or "personal injury and advertising or B or medical expenses under COW Injury" to which this insurance applies. We ERAGE C. will have the right and duty to defend the in- No other obligation or liability to pay sums or sured against any "suit" seeking those dam- perform acts or services Is covered unless ex- ages. Our duty to defend begins once you plicitly provided for under SUPPLEMENTARY notify us of a "suit" as described in SEC- PAYMENTS — COVERAGES A AND B. TION IV — COMMERCIAL GENERAL LI- _4011110111110-ftow ABILITY CONDITIONS, 2.b. However, we EMPLOYERS LIABILITY will have no duty to defend the Insured against any "suit" seeking damages for The last paragraph of exclusion e. of SECTION I — "bodlly Injury", "property damage", or "personal Injury or advertising Injury" to COVERAGE A is replaced by the following which this Insurance does not apply. We This exclusion does not apply to liability assumed may, at our discretion, Investigate any by the Insured under an "insured contract" ex- "occurrence" and settle any claim or "suit" cept for that part of a contract or agreement that that may result But. indemnifies any person or organization for their sole liability ®A registered trademark of SAFECO Corporation CG 86 74 10 02 Page 1 of 5 EP r•r is oni"rno,rory nm, 'WRONGFUL EVICTION (3) The maintenance, operation or use by you of equipment leased to you by such . The following exclusion is added to SECTION I — person or organization, subject to the COVERAGE B: following additional provisions: The wrongful eviction from, wrongful entry into (a) This insurance does not apply to or invasion of the right of private occupancy of a any "occurrence" which takes place room, dwelling or premises arising out of any: after the equipment lease expires; (1) "property damage" to the room, dwell- (b) This insurance does not apply to "bodily injury" or "property ing or premises, or damage" arising out of the sole (2) "bodily injury" sustained through occu- negligence of such person or or- pancy of a room, dwelling or premises. ganization; ADDITIONAL INSURED — BY WRITTEN CON- (4) Permits issued by any state or political T subdivision with respect to operations TRACT, AGREEMENT OR PERMIT, OR SCHED- ULE performed by you or on your behalf, subject to the following additional pro- vision: The following paragraph is added to SECTION II — WHO IS AN INSURED: This insurance does not apply to "bodily injury," "property damage," "personal 5. Any person or organization shown in the Sched- and advertising injury" arising out of op- ule or for whom you are required by written con- erations performed for the state or tract, agreement or permit to provide insurance municipality; is an insured, subject to the following additional c. The insurance with respect to any architect, provisions: engineer, or surveyor added as an insured a. The contract, agreement or permit must be by this endorsement does not apply to in effect during the policy period shown in "bodily injury," "property damage," the Declarations, and must have been exe- "personal and advertising injury" arising out cuted prior to the "bodily injury," "property of the rendering of or the failure to render damage," "personal and advertising injury." any professional services by or for you, in- b. The person or organization added as an in_ cluding: sured by this endorsement is an insured only (1) The preparing, approving, or fading to to the extent you are held liable due to: prepare or approve maps, drawings, (1) The ownership, maintenance or use of opinions, reports, surveys, change or- that part of premises you own, rent, ders, designs or specifications; and lease or occupy, subject to the following (2) Supervisory, inspection or engineering additional provisions: services. (a) This insurance does not apply to d. This insurance does not apply to "bodily any "occurrence which takes place injury" or "property damage" included within after you cease to be a tenant in the "products-completed operations haz- any premises leased to or rented to ard." You, (b) This insurance does not apply to _ e. A person's or organization's status as an in any structural alterations, new con sured under this endorsement ends when struction or demolition operations your operations for that insured are coin performed by or on behalf of the pleted. person or organization added as an f. No coverage will be provided if, in the ab- insured, sence of this endorsement, no liability would (2) Your ongoing operations for that in- be imposed by law on you Coverage shall sured, whether the work is performed be limited to the extent of your negligence by you or for you, or fault according to the applicable principles of comparative fault. Page 2 of 5 g. The defense of any claim or "suit" must be equipment listed in paragraph f (2) or tendered as soon as practicable to all other f (3) of the definition of "mobile equip- insurers which potentially provide insurance ment." for such claim or "suit". (6) An aircraft you do not own provided it is h. The insurance provided will not exceed the not operated by any insured. lesser of: (1) The coverage and/or limits of this policy, TENANTS' PROPERTY DAMAGE LIABILITY or When Damage To Premises Rented To You Limit is (2) The coverage and/or limits required by shown in the Declarations, SECTION I — COVER- said contract, agreement or permit. AGE A, exclusion J., is replaced by the following: NON-OWNED WATERCRAFT AND NON-OWNED J. Damage To Property AIRCRAFT LIABILITY "Property damage" to: Exclusion g, of SECTION I — COVERAGE A is re- (1) Property you own, rent, or occupy, in- placed by the following. cluding any costs or expenses incurred g. "Bodily injury" or "property damage" arising by you, or any other person, organiza- out of the ownership, maintenance, use or tion or entity, for repair, replacement, entrustment to others of any aircraft, "auto" enhancement, restoration or mainte- or watercraft owned or operated by or rented nance of such property for any reason, or loaned to any insured. Use includes oper- including prevention of injury to a per- , ation and "loading or unloading." son or damage to another's property; This exclusion applies even if the claims (2) Premises you sell, give away or aban- against any insured allege negligence or don, if the "property damage" arises out other wrongdoing in the supervision, hiring, of any part of those premises; employment, training or monitoring of others (3) Property loaned to you; by that insured, if the "occurrence" which caused the 'bodily injury" or "property (4) Personal property in the care, custody damage" involved the ownership, mainte- or control of the insured; nance, use or entrustment to others of any (5) That particular part of real property on aircraft, "auto" or watercraft that is owned which you or any contractors or sub- or operated by or rented or loaned to any in- contractors working directly or indirectly sured. on your behalf are performing oper- This exclusion does not apply to: ations, if the "property damage" arises (1) A watercraft while ashore on premises out of those operations, or you own or rent; (6) That particular part of any property that must be restored, repaired or replaced (2) A watercraft you do not own that is: because "your work" was incorrectly (a) Less than 52 feet long; and performed on it. (b) Not being used to carry persons or Paragraphs (1), (3) and (4) of this exclusion property for a charge, do not apply to "property damage" (other than damage by fire) to premises including (3) Parking an "auto" on, or on the ways the contents of such premises, rented to next to, premises you own or rent, pro- you. A separate limit of insurance applies to vided the "auto" is not owned by or Damage To Premises Rented To You as rented or loaned to you or the insured; described in SECTION III — LIMITS OF (4) Liability assumed under any "insured INSURANCE. Paragraph (2) of this exclu- contract" for the ownership, mamte_ sion does not apply if the premises are "your nance or use of aircraft or watercraft, or work" and were never occupied, rented or " (5) 'Bodily injury" or property damage' held for rental by you. arising out of the operation of any of the CG 86 74 10 02 Page 3 of 5 EP Paragraphs (3), (4), (5) and (6) of this exclu- retention available to the in- ston do not apply to liability assumed under demnitee; and . a sidetrack agreement. EMPLOYEES AS INSUREDS — HEALTH CARE Paragraph (6) of this exclusion does not ap- SERVICE ply to "property damage" included in the "products-completed operations hazard " Provision 2.a.(1) d. of SECTION 11 — WHO IS AN INSURED is deleted, unless excluded by separate Paragraph 6, of Section III is replaced by the follow- endorsement. ing: 6. Subject to 5. above, the Damage To Property EXTENDED COVERAGE FOR NEWLY ACQUIRED Limit is the most we will pay under COVERAGE ORGANIZATIONS A for damages because of "property damage" to Provision 4.a. of SECTION it — WHO IS AN IN- any one premises, while rented to you, or in the SURED is replaced by the following: case of damage by fire, while rented to you or temporarily occupied by you with permission of a. Coverage under this provision is afforded the owner. only until the end of the policy period. The Tenants' Property Damage To Premises Rented EXTENDED "PROPERTY DAMAGE" To You Limit is the higher of $200,000 or the amount shown in the Declarations as Damage To Premises Exclusion a. of SECTION I — COVERAGE A is Rented To You Limit. amended to read. a. "Bodily injury" or "property damage" ex- WHO IS AN INSURED — MANAGERS pected or intended from the standpoint of the insured. This exclusion does not apply to The following is added to Paragraph 2.a. of SECTION "bodily injury" or "property damage" result- 11 — WHO IS AN INSURED: ing from the use of reasonable force to pro- tect persons or property. Paragraph (1) does not apply to executive officers, or to managers at the supervisory level or above. INCREASED MEDICAL EXPENSE LIMIT SUPPLEMENTARY PAYMENTS — COVERAGES A The medical expense limit is amended to $10,000. AND B — BAIL BONDS KNOWLEDGE OF OCCURRENCE Paragraph 1.11b. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is replaced by the follow- The following is added to Paragraph 2. SECTION IV ing: — COMMERCIAL GENERAL LIABILITY CONDITIONS Duties In The Event Of Occurrence, b. Up to $2,000 for cost of bail bonds required Offense, Claim Or Suit of* because of accidents or traffic law violations arising out of the use of any vehicle to which Knowledge of an "occurrence," claim or "suit" by the Bodily Injury Liability Coverage applies. your agent, servant or employee shall not in itself We do not have to furnish these bonds, constitute knowledge of the named insured unless an officer of the named insured has received such notice SUPPLEMENTARY PAYMENTS — COVERAGES A from the agent, servant or employee. AND B — INDEMNITEES AND ADDITIONAL IN- SUREDS INSURED CONTRACT Paragraph 2.f.(1) (d) of SUPPLEMENTARY PAY- The following definition is added to SECTION V — MENTS — COVERAGES A AND B is replaced by DEFINITIONS, Definition 9. "insured contract" par- the following- agraph f.: (d) Cooperate with us with respect (4) That part of any contract or agree- to coordinating other applicable ment that indemnifies any person insurance and self-insured or organization for the indemnitee's sole tort liability. Page 4 of 5 OTHER INSURANCE UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS The first paragraph of Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CON- The following is added to Paragraph 6. Representa- DITIONS is replaced will the following: bons of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If other valid and collectible insurance, or any self-in- sured retention, is available to the insured for a loss If you unintentionally fail to disclose any hazards ex- we cover under COVERAGE A or B of this Coverage isting at the inception date of your policy, we will not Part, our obligations are limited as follows: deny coverage under this Coverage Form because of such failure. However, this provision does not affect METHOD OF SHARING our right to collect additional premium or exercise our right of cancellation or non-renewal. The second paragraph of Method of Sharing of SEC- TION IV — COMMERCIAL GENERAL LIABILITY LIBERALIZATION CLAUSE CONDITIONS is replaced with the following The following paragraph is added to SECTION IV — If any of the other insurance does not permit contri- COMMERCIAL GENERAL LIABILITY CONDI- bution by equal shares or is subject to a self-insured TIONS: retention, we will contribute by limits Under this method, each insurer's share is based on the ratio of 10. If a revision to this Coverage Part, which would its applicable limit of insurance or self-insured re- provide more coverage with no additional tention or both combined to the total applicable limits premium, becomes effective during the policy of insurance of all insurers and the amount of any period in the state shown in the Declarations, self-insured retention. your policy will automatically provide this addi- tional coverage on the effective date of the re- vision. CG 86 74 10 02 Page 5 of 5 EP