HomeMy WebLinkAboutPK07-144 - Original - Stripe Rite, Inc. - EH Skate Park - 06/18/2007 Records Martagement,
KENT
W INGTON Document
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: r�P e �` 4-e I C
Contract Number: eKO
This is assigned by Mary Simmons rt
Vendor Number: I S U I
Project Name: G 1 ` E ffn+le- Pa yt — 5-1--v l Pe P J
Contract Effective Date:
Contract Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager:
Department:
Abstract:
i
ADCL7832 07/02
KENT
V'/ASNINGTON
PUBLIC WORKS AGREEMENT
between City of Kent and
Stripe Rite, Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Stripe Rite, Inc organized under the laws of the State of Washington, located and
doing business at 1813 137th Ave E, Sumner, WA 98390 (hereinafter the "Contractor").
AGREEMENT
The parties agree ee as follows:
P
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City in accordance with the following described
plans and/or specifications:
Pavement marking at EH Skate Park as described in Exhibit A
Contractor further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices in effect at the time such services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement,
Contractor shall complete the work described in Section I by April 30, 2007.
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed One
Thousand Two Hundred Thirty Dollars and no/100 , plus any applicable Washington State Sales Tax, for the
work and services contemplated in this Agreement. The City shall pay the Contractor the following amounts
according to the following schedule:
Contractor to submit invoice for payment
A. No Performance Bond. Because this contract is under $10,000, the city has elected to
waive both the performance bond and retainage requirements of Chapter 39.08 RCW.
B. Defective or Unauthorized Work. The City reserves its right to withhold payment from
Contractor for any defective or unauthorized work. Defective or unauthorized work includes,
without limitation. work and materials that do not conform to the requirements of this
Agreement; and extra work and materials furnished without the City's written approval. If
Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City
may complete the work by contract or otherwise, and Contractor shall be liable to the City for
PUBLIC WORKS AGREEMENT- 1
(Under$10K - OPTIONAL PROCESS)
any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum Contract price
specified above The City further reserves its right to deduct the cost to complete the Contract
work, including any Additional Costs, from any and all amounts due or to become due the
Contractor.
C. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL
PAYMENT SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT
THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR
AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement and that the Contractor 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. The City may terminate this Agreement for good cause. "Good cause" shall
include, without limitation, any one or more of the following events:
A. The Contractor's refusal or failure to supply a sufficient number of properly skilled
workers or proper materials for completion of the Contract work.
B. The Contractor's failure to complete the work within the time specified in this
Agreement.
C. The Contractor's failure to make full and prompt payment to subcontractors or for
material or labor.
D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations.
E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt.
F. The Contractor's breach of any portion of this Agreement.
If the City terminates this Agreement for good cause, the Contractor shall not receive any further money
due under this Agreement until the Contract work is completed. After termination, the City may take
possession of all records and data within the Contractor's possession pertaining to this project which may be
used by the City without restriction.
VI. PREVAILING WAGES. Contractor shall file a"Statement of Intent to Pay Prevailing Wages,"
with the State of Washington Department of Labor & Industries prior to commencing the Contract work.
Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and
comply with Chapter 3912 of the Revised Code of Washington, as well as any other applicable prevailing wage
rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is
attached.
VII. CHANGES. The City may issue a written change order for any change in the Contract work
during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is
necessary, Contractor must submit a written change order request to the person listed in the notice provision
section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or
PUBLIC WORKS AGREEMENT-2
(Under$10K - OPTIONAL PROCESS)
should have known of the facts and events giving rise to the requested change. If the City determines that the
change increases or decreases the Contractor's costs or time for performance. the City will make an equitable
adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable
adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it
deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written
change order from the City or an oral order from the City before actually receiving the written change order. If
the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives
its right to make any claim or submit subsequent change order requests for that portion of the contract work. If
the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work;
however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section
VIII, Claims, below.
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor
as provided in this section shall constitute full payment and final settlement of all claims for contract time and
for direct, indirect and consequential costs, including costs of delays related to any work, either covered or
affected by the change.
VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written
order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the
City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the
City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or
within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events
giving rise to the claim,whichever occurs first . Any claim for damages, additional payment for any reason, or
extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been
waived by the Contractor unless a timely written claim is made in strict accordance with the applicable
provisions of this Agreement.
At a minimum, a Contractor's written claim shall include the information set forth in subsections A,
items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING
THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Contractor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate was
determined; and
5. An analysis of the progress schedule showing the schedule change or disruption if
the Contractor is asserting a schedule change or disruption.
B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result
of the asserted events giving rise to the claim. The City shall have access to any of the
Contractor's records needed for evaluating the protest.
PUBLIC WORKS AGREEMENT-3
(Under$10K - OPTIONAL PROCESS)
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment No adjustment will be made for an invalid protest.
C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall
proceed promptly to provide the goods, materials and services required by the City under this
Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Contractor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY
LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR
DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO
FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY
APPLICABLE STATUTORY LIMITATIONS PERIOD.
X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the City a one-
year warranty bond in a form and amount acceptable to the City. The Contractor shall correct all defects in
workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work In
the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts
will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for
one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect If the
Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City
may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish
the correction.
XI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the
Contractor or sub-contractor 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
Contractor 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.
XII. INDEMNIFICATION. Contractor 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 Contractor's performance of
this Agreement, except for that portion of the injuries and damages caused by the City's negligence.
PUBLIC WORKS AGREEMENT-4
(Under$10K - OPTIONAL PROCESS)
The City's inspection or acceptance of any of Contractor'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 Contractor and the City, its officers, officials, employees,
agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'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.
XIII. INSURANCE. The Contractor 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.
XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor 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 Contractor's own risk, and Contractor 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.
XV. 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
XII 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
PUBLIC WORKS AGREEMENT-5
(Under$10K - OPTIONAL PROCESS)
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.
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 Contractor.
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 Contractor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Contractor'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.
CONTRACTOR: CITY OF KENT:
By: By:
(signature (signature)
PrintTiame: Print e: Jeff Watling
Its Its: Parks Director
it (Title)
DATE: OS` Ltd -1 DATE: 113 (a'�
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Ben Marley Perry Brooks, Project Manager
Stripe Rite, Inc. City of Kent
1813 137th Ave East 220 Fourth Avenue South
Sumner, WA 98390 Kent, WA 98032
(253) 863-2987 (telephone) (253) 856-5114 (telephone)
(253) 863-3120 (facsimile) (253) 856-6050 (facsimile)
PUBLIC WORKS AGREEMENT-6
(Under$IOK - OPTIONAL PROCESS)
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 1, 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.
Dated this U140- day of A l& , 200J.
By.
For: 3-�f k +(/
Title: . bi&n r
Date: 11D)
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 Stripe Rite Inc Company, hereby
acknowledge and declare that the b fore-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 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part
of the before-mentioned Agreement.
Dated this day of , 2001.
By:
For:
Title:1`
Date: rl 1�1
EEO COMPLIANCE DOCUMENTS-3
FPR-06-2' 137(1`R: ) 14: 36 4tripe Fite, i-,c (FNK)c'53 8E3 3120 f' ,Li LI L!
� I
ki �l�
s613 237th AVarYde E4R2 BID PROPOSAL BY: BEN MARLEY
RIPE RITE Sumner,WA 9B39D
I
P.C.flax 1724 BEND CUNV-RACI' AND,rDR WON AND RMRN
Auburn,WA 98071 70ACCEF'TBJD.
Inc. Ph: 253,9632991
Fax: 2S3.6G?312o S�NReDClL/1VIG; CALL SHaR sRonlrrar
(253)80.2987-PLEASE REFER 7D BID 0
Bid Number: 07- 0608 _
COMPANY NAME PROJECT
FWY OF KENT East Hill Skate Park
220 4th Ave.South 11525 SE 2402h Street
Kent,WA 98032 Kent,WA 98031
- Rep'sName: PERRY Ph: 253.740.8903
Ot/icn: 253.856.5114 Fax: 253 856.6050 Map k3oat+Pg., pate. April 6,PI o7
ITEM# Es'r QTY -UNITS - ---- -- ITEM DESCRIPTION - -----T-UNIT PRICE 1 TOTAL
1_— LS Pavement Marking complete 2 coats paint Lump Slam $ 900.00
$ l
ONE MOVE-IN- __ $ -
- --- CITY TO BLOCK OFF LOT PAi6 l)---- - $ -
--__ --l3TRIPINC -- -_ $ -
Alternate Bid: $ -
-2 — EA I Handicap Signs on Galvanized Posts $ 40 -
-1--`_ _ -�- 65 0 $ 330.00_ $
- - ---_
Bid ProNaxat 7 errny: BID PROPOSAL VALID FOR 30 DAYS Grand Total $ 1rL a0.9dY
• l'hra bra-prtrpaeaFfb.baced9r; Get-�N1p4�'�484g4I4sA--
-----:"::an/LFad+PµA}iL:S73�aga.31;J,FGn,9:yW1MW)a-tlmflfor pbvemrint mnrkln�nelp�e.precestarvi-b+t50-06Jor-aairudariaub,
EstWaeS 6erMI1$,Wfoiul,retfenrinq,tiont cornroi,Sales tax and any wher*sit,nG speahcatly mendowd In Itut hid proposal
Schod and woiA may be rancr�Ced Cy unaavorable weather Stripe Rite,Iv,shell eoety,deterimne unfavorable weather conduinre as Shroe Rite,bie brwrs t is
rosporralCdity ha inslallatl�!f airJ it in the best pwtlon to fudge woadrer cundluons,
` 3lInc-pe al,e Ir shall not boa,ary rftarcial recponsiWity for delays caused lay:2rlKm,mtaatar conditions,delay In obtainma malenam cr Other Tawas beyond na wnt-cf
Payma nt wris are 8a tobovis vlrlvor 3,days df reCelpl of invoice All past due invoices shay beer Interest at t SV.per ann im until paid rr ere maximum rate allpW@d by law
In the event that it becomes nacessay to or%*l ad worney to enrorce the rights or any pan ol'tit s signed bldrCpnfreCs or arty mortip;7aliVI he Oaf,the prevailing party
Fnc:'^.e rntrtled to iBr'OL ` a CAf ,lion LOefS a ttnrngy fees,and court fees.etc,lepardless u acitlal cult Is brought `! r
"MomerAuthofizatl0n, _ Tilp' �47Y�L_1L�YYaY Date �tO V
L.nen[TF: LDD/4 STRIRITE
( xltl +'it LD
ACCORD,. CERTIFICATE OF LIABILITY INSURANCE 04116107°"""'
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Bratrud Middleton Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Brokers, Inc-Tac General HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
1201 Pacific Ave, Suite 1000
Tacoma, WA 98402 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURERA Valley Forge Insurance Company
STRIPE RITE, INC INSURER B Transportation Ins Co
P.O. Box 1724 INSURER C Continental Casualty Company
Auburn,WA 98071
INSURER D
INSURER E
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 ADDTPOLICY EFFECTIVE POLICY EXPIRATION
LTR INSRE TYPE OF INSURANCE POLICY NUMBER DATE MMIDDIYY DATE MMIDDA^/ LIMITS
A GENERAL LIABILITY 2082898964 04/11/07 04/11/08 EACH OCCURRENCE $1 DDO DDD
X COMMERCIAL GENERAL LIABILITY DAMAGE ETO RENTEDPREMIS $300 DDD
CLAIMS MADE rx-1 OCCUR MED EXP(Any one Person) $5 000
X PD Ded:1,000 PERSONAL&ADV INJURY $1 DDD DDD
X WA Stop Gap GENERAL AGGREGATE s2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2000000
POLICY -X] PROJECT LOC
C AUTOMOBILE LIABILITY 2082898916 04/11/07 04/11/08 COMBINED SINGLE LIMIT
X ANY AUTO
(Ea accident) $1,ODQ,OOD
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
X HIREDAUTOS
BODILY INJURY $
X NON-OWNED AUTOS (Peraccident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANYAUTO OTHERTHAN EA ACC $
AUTO ONLY AGG $
B EXCESSIUMBRELLA LIABILITY 2082898866 04/11107 04/11/08 EACH OCCURRENCE $5000000
X OCCUR ❑CLAIMS MADE AGGREGATE $5 DDD DOD
DEDUCTIBLE $
X RETENTION $10,000 $
WC STATU-
WORKERS COMPENSATION AND OTH-
IT
EMPLOYERS'LIABILITY
EACH ACCIDENT $
ANY PROPRIETOR/PARTNER/EXECUTIVE E L--- ---
OFFICER/MEMBER EXCLUDED9 E L DISEASE-EA EMPLOYEE $
It yes describe under
SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
re- Service Club Park
City of Kent is named as Additional Insured as respects work performed by
or on behalf of the Contractor. Waiver of Subrogation applies as per the
attached endorsement.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL _45_ DAYS WRIT7EN
Parks and Open Space NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
220 4th Ave S IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
Kent,WA 98032-5895 REPRESENTATIVES
AUTHORII,rZEEEDDD REPRESENTATIVE
ACORD 25(2001108)1 of 2 #M171761 DXWOO 0 ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s)
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-S(2001108) 2 of 2 #M171761
Policy Number: Commercial General Liability
CG24 04 10 93
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
"SEE CERTIFICATE ATTACHED"
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition
(Section IV—COMMERCIAL GENERAL LIABILITY CONDITIONS)is amended by the
addition of the following:
We waive any right of recovery we may have against the person or organization shown in the
Schedule above because of payments we make for injury or damage arising out of you] ongoing
operations or"your work" done under a contract with that person or organization and included in
the"products-completed operations hazard".This waiver applies only to the person or organization
shown in the Schedule above
J
LAA G-17957-G
(Ed 01/01)
IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE
ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT.
SEE PARAGRAPH CA. OF THIS ENDORSEMENT FOR THESE DUTIES.
ALSO, THIS ENDORSEMENT CHANGES THE CONTRACTUAL LIABILITY COVERAGE WITH
RESPECTS TO THE "BODILY INJURY" OR "PROPERTY DAMAGE" ARISING OUT OF THE
"PRODUCTS-COMPLETED OPERATIONS HAZARD". SEE PARAGRAPH B.3. OF THIS
ENDORSEMENT FOR THIS COVERAGE CHANGE.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED
ENDORSEMENT WITH LIMITED PRODUCTS-COMPLETED OPERATIONS
COVERAGE
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: Designated Project:
As required by written contract.
(Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.)
A. WHO IS AN INSURED (Section II) is amended to Declarations of this policy, whichever is less
include as an insured any person or organization, These Limits of Insurance are inclusive of, and
including any person or organization shown in the not in addition to, the Limits of Insurance shown
schedule above, (called additional insured) whom in the Declarations
you are required to add as an additional insured on 3. The coverage provided to the additional insured
this policy under a written contract or written by this endorsement and
paragraph the
agreement, but the written contract or written definition of "insured contr f f contract" under
agreement must be. DEFINITIONS (Section V) do not apply to
1. Currently in effect or becoming effective during "bodily injury" or "property damage" ansing out
the term of this policy, and of the "products-completed operations hazard"
unless required by the written contract or written
2. Executed prior to the "bodily injury," "property agreement When coverage does apply to
damage," or"personal and advertising injury" "bodily injury" or "property damage" arising out
B The insurance provided to the additional insured is of the "products-completed operations hazard"
limited as follows. such coverage will not apply beyond
1. That person or organization is an additional a. The period of time required by the written
insured solely for liability due to your negligence contract or written agreement,or
specifically resulting from "your work" for the b. 5 years from the completion of "your work"
additional insured which is the subject of the on the project which is the subject of the
written contract or written agreement No written contract or written agreement,
coverage applies to liability resulting from the
sole negligence of the additional insured whichever is less.
2. The Limits of Insurance applicable to the 4. The insurance provided to the additional insured
additional insured are those specified in the does not apply to "bodily injury," "property
written contract or written agreement or in the damage," or "personal and advertising injury"
G-17957-G Page 1 of 2
(Ed 01/01)
G-17957-G
• (Ed 01/01)
arising out of an architect's, engineer's, or (2) Tender the defense and indemnity of
surveyor's rendering of or failure to render any any claim or "suit" to any other insurer
professional services including- which also has insurance for a loss we
a. The preparing, approving, or fading to cover under this Coverage Part, and
prepare or approve maps, shop drawings, (3) Agree to make available any other
opinions, reports, surveys, field orders, insurance which the additional insured
change orders or drawings and has for a loss we cover under this
specifications, and Coverage Part.
b. Supervisory, or inspection activities f. We have no duty to defend or indemnify an
performed as part of any related additional insured under this endorsement
architectural or engineering activities. until we receive written notice of a claim or
C. As respects the coverage provided under this "suit" from the additional insured
endorsement, SECTION IV — COMMERCIAL 2. Paragraph 4.b. of the Other Insurance Condition
GENERAL LIABILITY CONDITIONS are amended is deleted and replaced with the following
as follows 4. Other Insurance
1. The following is added to the Duties In The
Event of Occurrence, Offense, Claim or Suit b. Excess Insurance
Condition- This insurance is excess over any other
e. An additional insured under this insurance naming the additional insured
endorsement will as soon as practicable: as an insured whether primary, excess,
contingent or on any other basis unless
(1) Give written notice of an occurrence or a written contract or written agreement
an offense to us which may result in a specifically requires that this insurance
claim or"suit" under this insurance, be either primary or primary and
noncontributing
I
I
G-17957-G Page 2 of 2
(Ed 01/01)
Client#: 25674 STRIRITE
DATE
ACORDTM CERTIFICATE OF LIABILITY INSURANCE 04116/07Dmvr)
J
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Bratrud Middleton Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Brokers, Inc Jac General HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
1201 Pacific Ave, Suite 1000
Tacoma,WA 98402 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER Valley Forge Insurance Company
STRIPE RITE, INC INSURER B Transportation Ins Co
P.O Box1724 INSURER RSUllndemnity
Auburn,WA 98071 INSURER EVANSTON INSURANCE COMPANY
INSURERE Continental Casualty Company
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 kDD'L POLICYEFFECTIVE POLICY EXPIRATION
LTR INSRE TYPE OF INSURANCE POLICY NUMBER DATE MM/DDm DATE MM/DDm LIMITS
A GENERAL LIABILITY 2082898964 04/11/07 04/11/08 EACH OCCURRENCE $1 00U 000
X COMMERCIAL GENERAL LIABILITY PREMGE TO RENTED $300 DDO
CLAIMS MADE L X I OCCUR MED EXP(Anyone person) $5 O00
X PD Ded:1,000 PERSONAL B ADV INJURY $1 t)00 000
X WA Stop Gap GENERAL AGGREGATE s2,000,000
GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2000000
POLICY X PRO-
ECT LOG
E AUTOMOBILE LIABILITY 2082898916 04/11/07 04/11/08 COMBINED SINGLE LIMIT $1 000rQoo
X ANY AUTO (Ea accident)
ALL OWNED AUTOS BODILY INJURY
SCHEOULEDAUTOS (Per person) $
X HIRED AUTOS
BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EAACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY AGG $
B EXCESSIUMBRELLA LIABILITY 2082898866 04/11/07 04/11/08 EACH OCCURRENCE $5 000 000
X OCCUR CLAIMS MADE AGGREGATE $5 000 000
C NHA218730 04/11/07 04/11/08 Excess Liab $5 000 000
DEDUCTIBLE $
X RETENTION $10 000 $
WORKERS COMPENSATION AND WC V LIMITSTATU OTH-
EMPLOYERS LlABILIry
ANY PROPRIETOR/PARTNER/EXECUTIVE
EL EACH AJCIDENT $
OFFICERIMEMBER EXCLUDED"+
EL DISEASE-EA EMPLOYEE $
If yes,describe under
SPECIAL PROVISIONS below EL CISEASE-POLICY LIMIT $
D OTHER pollutn Liab 76��
2 04/11/07 04/11108 $1,000,000 Occur/Agg
D OTHER Pollutn Liab
Ded $10,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
re- 2005 Traffic Striping
City of Kent is named as Additional Insured as respects
work performed by or on behalf of the Contractor Coverage
is Primary/Non-Contributory and the Waiver of Subrogation
applies as per the attached endorsements.
CERTIFICATE HOLDER CANCELLATION Ten Day Notice for Non-Payment of Premium
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Kent DATE THEREOF,THE ISSUING INSURER WILL Rb0CiI(RR44t MAIL 45_ DAYS WRITTEN
City Clerk NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,jOMRFBIKF1Ht9Q7PJAQ(99(9tKSCK
220 4th Ave S )MHQRRMR7P7FlOJG1CR9lOtJQItXINQx)IIJ(XhF7PjIXJ4RAP%DPJQKRKE(IWFK9WRLIDUIIFROCO�QfE(XX
Kent,WA 98032-5895 RRataxatoeovxxx
AUTHORIZED REPRESENTATIVE
ACORD 25(2001108) 1 of 2 #M171764 DXW00 0 ACORD CORPORATION 1986
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing msurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon
ACORD 25S(2001/08) 2 of 2 #M171764
Policy Number: Commercial General Liability
CG24 04 10 93
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
"SEE CERTIFICATE ATTACHED"
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition
(Section IV—COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the
addition of the following
We waive any right of recovery we may have against the person or organization shown in the
Schedule above because of payments we make for injury or damage arising out of your ongoing
operations or"your work" done under a contract with that person or organization and included in
the "products-completed operations hazard" This waiver applies only to the person or organization
shown in the Schedule above
CNA G-17957-G
(Ed 01/01)
IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE
ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT.
SEE PARAGRAPH C.I. OF THIS ENDORSEMENT FOR THESE DUTIES.
ALSO, THIS ENDORSEMENT CHANGES THE CONTRACTUAL LIABILITY COVERAGE WITH
RESPECTS TO THE "BODILY INJURY" OR "PROPERTY DAMAGE" ARISING OUT OF THE
"PRODUCTS-COMPLETED OPERATIONS HAZARD". SEE PARAGRAPH B.3. OF THIS
ENDORSEMENT FOR THIS COVERAGE CHANGE.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED
ENDORSEMENT WITH LIMITED PRODUCTS-COMPLETED OPERATIONS
COVERAGE -
This endorsement modifies insurance provided under the following-
COMMERCIAL p 9
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: Designated Project:
As required by written contract.
(Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.)
A WHO IS AN INSURED (Section II) is amended to These Limits of Insurance are inclusive of, and
include as an insured any person or organization, not in addition to, the Limits of Insurance shown
including any person or organization shown in the in the Declarations
schedule above, (called additional insured) whom 3. The coverage provided to the additional insured
you are required to add as an additional insured on by this endorsement and
pa the
this policy under a written contract or written definition of "insured cogntra f of
a C' under
agreement,agreement, but the written contract or written DEFINITIONS (Section V) do not apply to
agreement must be "bodily injury" or "property damage" arising out
1. Currently in effect or becoming effective during of the "products-completed operations hazard" —
the term of this policy, and unless required by the written contract or written
nor to the "bodily injury," agreement When coverage does apply to
2. Executed p y ry," "property "bodily injury" or "property damage" arising out
damage," or"personal and advertising injury" of the "products-completed operations hazard"
B. The insurance provided to the additional insured is such coverage will not apply beyond
limited as follows a. The period of time required by the written
1. That person or organization is an additional contract or written agreement; or
insured solely for liability due to your negligence b. 5 years from the completion of "your work"
specifically resulting from "your work" for the on the project which is the subject of the
additional insured which is the subject of the written contract or written agreement,
written contract or written agreement No
coverage applies to liability resulting from the whichever is less
sole negligence of the additional insured. 4. The insurance provided to the additional insured
2 The Limits of Insurance applicable to the does not apply to "bodily injury," "property
additional insured are those specified in the damage," or "personal and advertising injury"
written contract or written agreement or in the arising out of an architect's, engineer's, or
Declarations of this policy, whichever is less
G-17957-G Page 1 of 2
(Ed. 01/01)
G-17957-G
(Ed 01/01)
surveyor's rendering of or failure to render any which also has insurance for a loss we
professional services including cover under this Coverage Part, and
a. The preparing, approving, or fading to (3) Agree to make available any other
prepare or approve maps, shop drawings, insurance which the additional insured
opinions, reports, surveys, field orders, has for a loss we cover under this
change orders or drawings and Coverage Part
specifications, and f. We have no duty to defend or indemnify an
b. Supervisory, or inspection activities additional insured under this endorsement
performed as part of any related until we receive written notice of a claim or
architectural or engineering activities "suit" from the additional insured
C. As respects the coverage provided under this 2. Paragraph 4.b. of the Other Insurance Condition
endorsement, SECTION IV — COMMERCIAL is deleted and replaced with the following
GENERAL LIABILITY CONDITIONS are amended 4. Other Insurance
as follows
1. The following is edded to -the Duties In The b. Excess Insurance _
Event of Occurrence, Offense, Claim or Suit This insurance is excess over any other
Condition insurance naming the additional insured
e. An additional insured under this as an insured whether primary, excess,
endorsement will as soon as practicable* contingent or on any other basis unless
a written contract or written agreement
(1) Give written notice of an occurrence or specifically requires that this insurance
an offense to us which may result in a be either primary or primary and
claim or"suit" under this insurance, noncontributing
(2) Tender the defense and indemnity of
any claim or "suit" to any other insurer
G-17957-G Page 2 of 2
(Ed. 01/01)