HomeMy WebLinkAboutAD06-290 - Original - Pacific Coast Northwest, LLC - Springboard Parking Garage - 10/15/2006 Records M e
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact City Clerks Office.
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This is assigned by Deputy City Clerk
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Project Name: ! ( I nG ton 0.i -A
Contract Effective Date: r S-- D(,0 Termination Date: �� !
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager:BC,i �J b I4tf�� Department:
Abstract:
S Pub6c\RecordsManagement\Forms\ContractCover\ADCL7832 07102
KENT
W A 5 H I N G T O N
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Pacific Coast Northwest, LLC.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Pacific Coast Northwest, LLC. organized under the laws of the State of
Washington, located and doing business at 1916 Pike Place, Suite 12-312, Seattle, WA 98101 206-444-4342.
(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:
Quality Control Management and Owner's Representation Services for the Springboard
Development Parking Garage, City of Kent 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 A October 15, 2006 through August 31,
2007
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty
Four Thousand, Five Hundred Dollars ($24.500 00) 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
i 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
CONSULTANT SERVICES AGREEMENT - 1
(Over$10,000)
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 immediately make every
effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement 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 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.
CONSULTANT SERVICES AGREEMENT-2
(Over S 10,000)
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work
under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the
Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request
The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone
other than Consultant on any other project shall be without liability or legal exposure to Consultant
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be
done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools,
or other articles used or held for use in connection with the work.
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.
CONSULTANT SERVICES AGREEMENT-3
(Over$10,000)
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 termsin
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of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the
City, and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner this Agreement All of the above documents are hereby made a part of this Agreement.
However, should any language in any of the Exhibits to this Agreement conflict with any language contained in
this Agreement,the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations.
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last
date entered below.
CONSULTANT: CITY OF KENT:
By / By:
(signature) signatin e)
Print Name: IL l f"1 L"L - 7(of I Print me. Sbzefte Cooke
Its PRO—(c- ! P•'+-` Its Nwor
DATE: S �7�Lo L DATE: <i �3
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Pacific Coast Northwest,LLC. Ben Wolters, Economic Development
1916 Pike Place#12-312 City of Kent
Seattle, WA 98101 220 Fourth Avenue South
206-444-4342 (telephone) Kent, WA 98032
206-444-4011 (facsimile)
(253) 856-5703 (telephone)
(253) 856-6700 (facsimile)
AIMROVED AS TO FORM:
Aw op�_
e Law artment
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 1.2,
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
_ r the five requirements referenced above.
�/l�-w.f5
Dated this day of 1200 .
By:
For: t LW LILL-
Title pA ►t t� 1 P4-L,
Date: 1 i/'-7 10 to
EEO COMPLIANCE DOCUMENTS- 1
}
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 amounting 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 Company, hereby
acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement
known as 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 12 and the Declaration City of Kent Equal Employment Opportunity Policy that was part
of the before-mentioned Agreement.
Dated this day of 200`
By:
For:
Title.
Date.
EEO COMPLIANCE DOCUMENTS-3
Exhibit 1
SCOPE OF WORK
Quality Control Management and Owner's Representation Services for the Springboard
Development Parking Garage,City of Kent
The Consultant will assist the City of Kent by providing the following services related to the Spring
Board Development Parking Garage construction project
• Represent the City of Kent to assure the construction of the Springboard Garage project is
accomplished in strict adherence to the requirements specified in the approved Building Permit
and the design documents.
• Assure the Garage's construction is performed at or above industry standard for a similar facility
located within a municipality core Assure that all design elements as described in the submitted
and approved architectural"color board"provided by the Developer are incorporated in the work
in their entirety
• Provide recommendations to the City of Kent regarding any proposed Developer changes to the
approved material "color board" Assure any changes meet or exceed the design intent and meet
the City's expectations as they relate to the approved "color board"samples.
• Monitor activities and review reports and test results from the approved Special Inspection
Agency Comment on, and report to City Inspection Staff and Developer/Contractor
representatives, regarding any non-conformance issues that arise during construction Track and
report to the City all non-conforming issues and monitor through each issue's resolution
• Perform weekly site visits (frequency as necessary, minimum once per week) During visit walk
site completely and observe all construction activity Provide reports documenting results of site
visits to City Staff.
• Provide general day-to-day Owner's on site representation during the construction process.
Attend project related meetings including scope specific pre-construction meetings,
Owner/Architect/Contractor meetings, and any other meetings that involve the Owner's decision
process on materials and changes to materials being incorporated into the work
• Monitor the projects progress related to the approved schedule. Report to City Staff any schedule
abnormalities and delays that may affect the anticipated project completion date
Schedule
Services will be provided between October 15,2006 through August 31,2007.
Fees
Consultant to perform services described above for a fee of$100.00 hour, inclusive of all related
expenses,to be invoiced monthly Payments to be made within 30 days from invoice submission The
contract shall include a maximum allowable budget of$24.500 00 for the duration of the contract If
billings for services are forecasted to exceed maximum allowable budget, a contract amendment must be
issued by the City to the Consultant prior to the performance of these services.
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement, insurance
against clauns for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, their agents,
representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Consultant 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
Consultant'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.
B. Minimum Amounts of Insurance
Consultant 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, $1,000,000 general aggregate
and a $1,000,000 products-completed operations aggregate limit.
C. Other Insurance Provisions
EXHIBIT B (Continued)
The insurance policies are to contain, or be endorsed to contain, the following provisions
for Automobile Liability and Commercial General Liability insurance.
1. The Consultant'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 Consultant's insurance and shall not contribute with it.
2. The Consultant'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 Consultant
and a copy of the endorsement naming the City as additional insured shall be attached
to the Certificate of Insurance The City reserves the right to receive a certified copy
of all required insurance policies. The Consultant's Commercial General Liability
insurance shall also contain a clause stating that coverage shall apply separately to
each insured against whom claim is made or suit is brought, except with respects to
the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A:VII
E. Verification of Coverage
Consultant 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 Consultant before
commencement of the work.
F. Subcontractors
Consultant 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 Consultant
A-00- 'O. CERTIFICATE OF LIABILITY INSURANCE 10/181ZOOG
PRODUCER (42 53454-33 96 FAX (425)4514716 THis CERTIFICATE IS ISSUED AS A MATTER Of INFORMATION
Arthur J. Gallagher Risk Management Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
P_0_ Box 367 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Bellevue, WA 98009-0367
Karen Barrie INSURERS AFFORDING COVERAGE NAIL it
iHizi-tEu— P� 1-- COAST NORTHWEST, LLC. — IWsuR Ra Hartford Fire Ins. Co, -- - 29424
1916 PIKE PLACE #12-312 INe(—'Rr G Continental Casualty Ins. Co. Y
SEATTLE, WA 99101 INSURER -- - -
wsuR>:R a
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REC UIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUES)OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCK
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIO CLAIM.S-
liSR T'/P'E QF INSI.IRANCE POLICY NUMBER POLICY EFfECTJVE POLICYEXP)RATION
GENERAL LIMUTY 52SOMPROS16 07/13/2006 07/13/2007 EACHocamRENCe S 2,ppp,p
X COWIERCIAL GENERAL LIMNLITY DAMAGE TO RENTED $ --- 300,000
CI-WS MADE OCCUR AtFD IXP{Any one person! 5 -----' 10,000
A PERSDNAL 6 ADV INJURY S 2,000,ON
G04FRAL AGGREGATE $-�'-4 j 000 p
OEML AGGREGATE LMIT APPLES PER PRODUCTS CLIMPICP AGG S _ 4,000.000
POLICY X J LOC
AUTOMOBILE LIABILITY 5256MPRO516 07/13/2006 07/13/2007
COAIBtNfDYTNCiLF tRArc S
ANY AUTO (Em°en) 2,000,
ALL OWNED AUTOS POCxtV INJURY
EX:HEDULEDAUTOS (IwPacs S
A X HIRED AUTOS T
BOpI_Y IKM}RY S
X NONOWNEAAUiOS I�r accrdeM)
PROPERTY DAMAGE S
IPer aoddeni)
GARAGE LUMUTY AUTO ONLY EA ACCIDENT S
ANY AUTO OTHER rRA N EA ACC S
AUTO ONLY AM 5
EXCESS"MBRELLA LIABILITY EACH OIX:URRENCE 5
OCCUR ❑CIAJMS MADE AGGREGATE
S
DFDUC-RBLE
RF?ENTiON S -----^—•---- ^•--_ _ S�_.
WCWKFRSCOMP"SATIONAITO 52SBMPRO516 07/13/2006 07/13/2007 wcsl^TJ Onl _
EMPLGYERN LJABIL FY WA STOP GAP �Y
A ANY PROPRIETORIPARTNEWEXECUHVE Et EAC4ACODCNT $ 11000,000
OfFICERMEMRER EXCLUOCLY+ E L DISEASE EA EMPLOYEE S 1,Ow
If y4,decenhe wWer
SPECNL PROvtwos below I E t DISEASE POLICY LIMIT S 1 000 0
PWASSIONAL LIABILITY 14CH276IS4768 08/11/2006 08/11/2007 $1,000,000 PER CLAIM
B CLAIMS MADE FORM RE OACTIVE DATE: 8/11/04 $1,000,000 AGGREGATE
$5,000 DEDUCTIBLE PER CLAIM
DESCRCERTIFICATE HOLDER HO DERLISY�ITIONAL INSUREDDA.SBRESPECTS OPERATIONS OF THE NAMED INSURED PER PAGES
,19 AND 20 OF FORM SS 0009 (4/05) ATTACHED TO THE POLICY. PER PROJECT ENDORSEMENT APPLIES PER FORM
SS0433 (4/05) ATTACHED.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF KENT EXPIRATION DATE THEREOF,THE ISSU,NG INSURER WILL ENDEAVOR TO MAJL
MAYOR'S/COUNCIL OFFICE 45 DAYS WRITTEN NGTICE TO THE CERTFICATE HOLDER NAMED TO THE LEFT,
ATTN: JULIE PULLIAM BUT FAILURE TO AWL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
270 - 4TH AVE S. OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES
KENT, WA 98032 AUTHORED REPRESENTATIVE
Karen Barrie REN f�
ACORD 25(2001M) 0ACORD CORPORATION 19n
BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL. ADDITIONAL INSURED 3. Additional Insured-Grantor Of Franchise
COVERAGES WHO IS AN INSURED under Section C. is
If listed or shown as applicable in the Declarations, amended to include as an additional insured
one or more of the following Optional Additional the person(s) or organization(s) shown in the
Insured Coverages also apply When any of these Declarations as an Additional Insured -
Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to
Paragraph 6, (Additional Insureds When Required their liability as grantor of franchise to you
by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased
of Section C., Who Is An Insured, does not apply Equipment
to the person or organization shown in the a. WHO IS AN INSURED under Section C.is
Declarations These coverages are subject to the amended to include as an additional
terms and conditions applicable to Business insured the persons) or organizations)
Liability Coverage in this policy, except as shown in the Declarations as an Additional
provided below Insured — Lessor of Leased Equipment,
1. Additional insured - Designated Person Or but only with respect to liabi;dy for "bodily
Organization injury", "property damage' or "personal
WHO IS AN INSURED under Section C. is and advertising injury"caused, in whole or
amended to include as an additional insured in part, by your maintenance, operation or
the person(s) or organization(s) shown in the use of equipment leased to you by such
Declarations, but only with respect to liability person(s)or organization(s)
for "bodily injury", "property damage" or b. With respect to the insurance afforded to
"personal and advertising injury" caused, in these additional insureds, this insurance
whole or in part, by your acts or omissions or does not apply to any "occurrence' which
the acts or omissions of those acting on your takes place after you cease to lease that
behalf equipment
a. In the performance of your ongoing 5. Additional Insured - Owners Or Other
operations, or Interests From Whom Land Has Been
b. In connection with your premises owned Leased
by or rented to you a. WHO IS AN INSURED under Section C.is
2. Additional Insured - Managers Or Lessors amended to include as an additional
Of Premises insured the person(s) or organization(s)
a. WHO IS AN INSURED under Section C. is shown in the Declarations as an Additional
Insured—Owners Or Other Interests From
amended to include as an additional insured Whom Land Has Been Leased, but only
the person(s)or organizations)shown in the with respect to liability arising out of the
Declarations as an Additional Insured - ownership, maintenance or use of that part
Designated Person Or Organisation;but only of the land leased to you and shown in the
with respect to liability arising out of the Declarations.
ownership,maintenance or use of that part of
the premises leased to you and shown in the b. With respect to the insurance afforded to
Declarations these additional insureds, the following
additional exclusions apply
b. With respect to the insurance afforded to
these additional insureds, the tollowing This insurance does not apply to
additional exclusions apply_ (1) Any "occurrence' that takes place
This insurance does not apply to after you cease to lease that land,or
(1) Any "occurrence' which takes place (2) Structural alterations, new
after you cease to be a tenant in that construction or demolition operations
premises, or
performed by or on behalf of such
person or organization
(2) Structural alterations, new
construction or demolition operations 6. Additional Insured - State Or Political
performed by or on behalf of such Subdivision—Permits
person or organization a. WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
Page 18 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
Insured — State Or Political Subdivision - (e) Any failure to make such
Permits, but only with respect to inspections, adjustments, tests or
operations performed by you or on your servicing as the vendor has agreed
behalf for which the slate or political to make or normally undertakes to
subdivision has issued a permit, make in the usual course of
b. With respect to the insurance afforded to business, in connection with the
these additional insureds, the following distribution or sale of the products,
additional exclusions apply (f) Demonstration, installation, A
This insurance does not apply to servicing or repair operations,
except such operations performed
(1) "Bodily injury", "property damage" or at the vendor's premises in
"personal and advertising injury" connection with the sale of the
arising out of operations performed for product,
the state or municipality,or
on
(2) "Bodily injury" or "property damage" (9) Products which, after n labeled e
included in the "product-completed or sale or relabeled
you,have been labeBledd
beled or used as a
operations"hazard container, part or ingredient of any
7. Additional Insured--Vendors other thing or substance by or for
a. WHO IS AN INSURED under Section C,is the vendor,or
arnended to include as an additional (h) "Bodily injury" or "property
insured the person(s) or organization(s) damage" arising out of the sole
(referred to below as vendor) shown in the negligence of the vendor for its
Declarations as an Additional Insured - own acts or omissions or those of
Vendor, but only with respect to "bodily its employees or anyone else
injury"or "property damage" arising out of acting on its behalf However, this
"your products" which are distributed or exclusion does not apply to
sold in the regular course of the vendor's (i) The exceptions contained in
business and only if this Coverage Part
provides coverage for "boady injury" or Subparagraphs(d)or(f); or
"property damage" included within the (ri) Such inspections,
"products-completed operations hazard" adjustments, tests or servicing
b. The insurance afforded to the vendor is as the vendor has agreed to
make or normally undertakes
subject to the following additional exclusions to make in the usual course of
(1) This insurance does not apply to, business, in connection with
(a) "Bodily injury" or "property the distribution or sale of the
damage" for which the vendor is products
obligated to pay damages by (2) This insurance does not apply to any
reason of the assumption of insured person or organization from
liability in a contract or agreement, whom you have acquired such
This exclusion does not apply to products, or any ingredient, part or
liability for damages that the container, entering into,
vendor would have in the absence accompanying or containing such
of the contract or agreement, products
(b) Any express warranty 8. Additional Insured—Controlling Interest
unauthorized by you, WHO IS AN INSURED under Section C. is
(c) Any physical or chemical change amended to include aS an additional insured
in the product made intentionally the person(s) or organization(s) shown in the
by the vendor, Declarations as an Additional Insured —
(d) Repackaging, unless unpacked Controlling Interest, but only with respect to
solely for the purpose of inspection, their liability arising out of
demonstration, testing, or the a. Their financial control of you,or
substitution of parts under b. Premises they own, maintain or control
instructions from the manufacturer, while you lease or occupy these premises
and then repackaged in the original
container,
Form SS 00 08 04 05 Page 19 of 24
BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural The limits of insurance that apply to additional
alterations, new construction and deiioldion insureds are described in Section D. - Limits Of
operations performed by or for that person or Insurance.
organization How this insurance applies when other insurance
9. Additional Insured - Owners, Lessees Or is available to an additional insured is described in
Contractors - Scheduled Person Or the Other Insurance Condition m Section E.
Organization Liabi ity And Medical Expenses General
a. WHO IS AN INSURED under Section C.is Conditions
amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES
insured the person(s) or organization(s) DEFINITIONS
shown in the Declarations as an Additional
Insured-Owner, Lessees Or Contractors, 1. 'Advertisement" means the widespread public
but only with respect to liability for "bodily dissemination of information or images that
injury", "property damage" or "personal has the purpose of inducing the sale of goods,
and advertising injury" caused, in whole or products or services through
in part, by your acts or omissions or the a. (1) Radio;
acts or omissions of those acting on your (2) Television;
behalf
(3) Billboard,
(1) In the performance of your ongoing (4) Magazine;
operations for the additional
insured(s), or (5) Newspaper,
(2) In connection with "your work" b. The Internet, but only that part of a web
performed for that additional insured site that is about goods, products or
and included within the "products- services for the purposes of inducing the
completed operations hazard", but sale of goods, products or services,or
only it this Coverage Part provides C. Any other publication that is given
coverage for "bodily injury" or widespread public distribution
"property damage" included within the However, "advertisement"does not include
"products-completed operations a. The design, printed material, information
hazard". or images contained in, on or upon the
b. With respect to the insurance afforded to packaging or labeling of any goods or
these additional insureds, this insurance products, or
does not apply to "bodily injury", "property
damage" or "personal an advertising b. An interactive conversation between or
injury" arising out of the rendering 01, or among persons through a computer network
the failure to render, any professional 2. "Advertising idea" means any idea for an
architectural, engineering or surveying "advertisement"
services, including 3. "Asbestos hazard" means an exposure or
(1) The preparing, approving, or failure to threat of exposure to the actual or alleged
prepare or approve, maps, shop properties of asbestos and includes the mere
drawings, opinions, reports, surveys, presence of asbestos in any form
field orders,change orders,designs or 4. "Auto' means a land motor vehicle, trailer or
drawings and specifications,or semi-trader designed for travel on public
(2) Supervisory, inspection, architectural roads, including any attached machinery or
or engineering activities equipment But "auto" does not include
10. Additional Insured - Co-Owner Of Insured 'mobile equipment"
Premises S. "Bodily injury"means physical-
WHO IS AN INSURED under Section C. is a. Injury,
amended to include as an additional insured b. Sickness;or
the person(s) or Organ zabon(s) shown in the c. Disease
Declarations as an Additional Insured - Go-
Owner Of Insured Premises, but only with sustained by a person and,if arising out of the
respect to their liability as co-owner of the above, mental anguish or death at any time
premises shown in the Declarations 6. "Coverage territory" means
Page 20 of 24 Form SS 00 00 04 05
• f k
.+fYlll�r
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT - AGGREGATE LIMITS (PER PROJECT)
This endorsement modifies insurance provided under the following;
BUSINESS LIABILITY COVERAGE FORM
A. Section D. LIABILITY AND MEDICAL EXPENSES 4. If the applicable "project" has been abandoned,
LIMITS OF INSURANCE is amended as follows delayed, or abandoned and then restarted, or if
1. The General Aggregate Limit under Section D. the authorized contracting parties deviate from
LIABILITY AND MEDICAL EXPENSES LIMIT plans, blueprints, designs, specifications or
OF INSURANCE applies separately to each of timetables, the "project" will still be deemed to
your"projects' be the same"project"
2. The limits shown in the Declarations for Liability S. The provisions of Section D. LIABILITY AND
and Medical Expenses, Damage To Premises MEDICAL EXPENSES LIMIT OF INSURANCE
Rented To You and Medical Expenses continue not otherwise modified by this endorsement
to apply. shall continue to apply as stipulated
3. When coverage for liability arising out of the B Additional Definitions
"products-completed operations hazard" is The following definition is added to Section G.
provided, any payments for damages because LIABILITY AND MEDICAL EXPENSES
of "bodily injury' or "property damage" included DEFINITIONS
in the "products-completed operations hazard" 1, 'Project" means "your work"at location(s) away
will reduce the Products-Completed Operations from premises owned or rented to you
Aggregate Limit, and not reduce the General
Aggregate Limit
Form SS 04 33 04 05 Page 1 of 1
0 2005,The Hartford