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HomeMy WebLinkAboutPW07-270 - Original - Natural System Design - Clark Lake Storm Pond Engineering Services - 07/17/2007 Records M dement,,,�) KENT Document WASHi.GTON 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: Natural Systems Design Contract Number: T i''� b�' a'Y) This is assigned by Mary Simmons Vendor Number: Project Names: Clark Lake Storm Pond Contract Effective Date: Date of the Mayor's signature Contract Termination Date:December 31, 2007 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Chad Bieren Department: Engineering Abstract: Provide consultation for hydraulics and facility redesigh, wetlands, and participate in the artist selection process. ADCL7832 07/02 y KENT K'qS HIND TO CONSULTANT SERVICES AGREEMENT between the City of Kent and Natural Systems Design THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Natural Systems Design organized under the laws of the State of Washington, located and doing business at PO Box 15609, Seattle, WA 98115, Phone (206) 856-3586/Fax- (206) 268- 0112, Contact- Mike Hrachovec(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. The Consultant shall provide engineering services for the Clark Lake Storm Pond. For a description, see the Scope of Work which is attached as Exhibit A and incorporated by this reference Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2007. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty One Thousand, Five Hundred Eighty Dollars ($21,580 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 billing rates shall be as delineated in Exhibit A B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement The City shall provide payment within forty-five (45) days of receipt of an invoice If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute In that event, the parties will i mmediately m ake every effort to settle the disputed portion CONSULTANT SERVICES AGREEMENT- 1 (Over S10,000) IV. INDEPENDENT CONTRACTOR The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers hannless 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. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. CONSULTANT SERVICES AGREEMENT-2 (Over$10,000) X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City All records submitted by the City to the Consultant will be safeguarded by the Consultant Consultant shall make such data, documents, and files available to the City upon the City's request. The cty'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. E ven though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, t he w ork in ust in eet t he approval o f t he C ity and s hall In e subject t o t he C ity's general r ight o f inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3 80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect C Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute, difference or claim ansmg 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 ansmg from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing E Assignment Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. CONSULTANT SERVICES AGREEMENT-3 (Over$10,000) F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of tlus 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) (signature) Print Name: IfAr— f 4e&-NaUCZ P t N Suzette Cooke Its P2L s,o E j It Mayor (Title) (Titl) 7 DATE: -7 DATE: 7//'7 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Mike Hrachovec Larry R Blanchard Natural Systems Design City of Kent PO Box 15609 220 Fourth Avenue South Seattle, WA 98115 Kent, WA 98032 (206) 856-3586 (telephone) (253) 856-5500 (telephone) (206) 268-0112 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: e Law Tment Natural Systems Design-Clark Lake/Bieren 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 the five requirements referenced above. Dated tlus 10 day of A�Ll, , 200_7. By: For. Ar-�1�� 1 err -& ! s 16 J Title: �`z Si O5� 1 Date: —� ' '1 I o 1 ( J �� �� 6l1 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 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 1200 ._ By- For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 Natural Systems Design SCOPE AND BUDGET EXHIBIT A 6/7/2007 Clark Lake Storm Pond-Additional Services-Hydraulics,Wetlands&Art Task A Johnson M Hrachovec N Silverman M Fischer Rate $115 00 $115 00 $55 00 $87,00 Hydraulics 8 38 215 Wetlands 21 30 30 2075 Art 8 21 20 1 PM/Communications 11 Subtotal 37 100 715 2175 Subtotal $4,255 $11,500 $3,933 $1,892 Totall $21,580 Scope Hydraulics& Facility Redesign -develop projected flows based on 61%impervious surface of E Hill Ops Ctr(2/13/07), run KCRTS for facility sizing -re-design facility at Clark Lake Park for increased flows with 61% impervious surface -develop projected flows based on 75% impervious surface of E Hill Ops Ctr(317/07), run KCRTS for facility sizing -re-design facility at Clark Lake Park for increased flows with 75% impervious surface -write draft concept design memo incorporating new hydraulic sizing and identifying wetland impacts -develop projected flows for increased road surface(5/14/07), run KCRTS for facility sizing - re-design facility at Clark Lake Park for increased flows with increased road surface -write final concept design memo incoporatmg facility changes for new hydraulic sizing and wetlands mitigation Wetlands -assist Herrerra Consultants with wetlands report-gather GPS data, produce figures for wetland delineation report -integrate wetlands delineation information into concept design layout,determine wetlands impacts -coordinate with CORPS of Engineers re wetland mitigation requirements -organize and lead on-site jurisdictional determination with CORPS of Engineers, follow-up communications - re-design facility layout to eliminate majority of wetlands impacts -identify wetlands impacts associated with redesigned facility layout -meet with City wetland staff&develop wetland compensation memo Art -participate in artist selection process -meetings, communications and site review associated with collaboration with Lorna Jordan for site as public art Products -draft and final memos on concept design with figures,wetland considerations and hydraulic calculations -draft wetland compensation memo with figures I EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may apse 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 Labilrtv 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. 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liabihtv 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 $1,000,000 products-completed operations aggregate limit I 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 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 AN IL 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. 5/21/'00' S 0- T' FR,41 l_ T, .IT-_ Seattle T[ °i-e5G-0500 £AGE 001 OF 002 x ACOI CERTIFICATE OF LIABILITY INSURANCE D5/21/2OC' PRODUCER (206)363-1110 FAX (206)363-2044 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Nowogroski Rupp Insurance Croup ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1iG27 Meridian Avenue N k103 HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Seattle, WA 98133 INSURERS AFFORDING COVERAGE NAIC# INSURED Natural Systems Designs, LLC Western World Insurance Company PO Box 15609 u_LIFErE Houston Casualty Insurance Co Seattle, WA 98115 ==F� COVERAGES o =-IFEF E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY R EQUIR EMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT VVTH RESPECTTO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAYPERTAIN THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH I POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADD L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE wminniYYi GENERAL L IABILITY NPP1D91D52 05/17/2007 05/17/2008 1,000,000 X nI•f�9FF,IV r-ENERA LwRn r �4nA�E_oHElrt-L, i 50,000 el�ei5MADE �X ,I_'us eDE�PIti„�,n-r-Is�nl T 1,D00 A FEFSOIIALIADvv1,IL�' R 1,000,00D t FNEFAL,,ai:FE­TE i 2,000,000 (9 -Ernar_r,FE�aTeLunTAF=nFeF=F PF(nLII_TC__i 1,IF,�iFA included FELT X =euC, AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT AN,AUI NPP1091052 05/17/2007 05/17/2008 Dauad'm, $ 1,000,000 ALL OVA AED AIJTI o sr HEDLLED AUTO n (Pe,N,,on) A X HIRED A_T<15 U�DIL, INJJFI ff , X 11_N+,VTJED ALIT, ceraci,ia,nry PROPERTY CANAPE 6 (Per ar-Idarri GARAGE LIABILITY Al ril r-EA A'UDENT T AN`OUT-, OTHEP THAN EA A�_C PUT-_CNLI P EXCESSIUMBRELLALIABIUTY TA-H�1- UFFRN E u.CUF F-1 rLMIM>IdADE A-,( RTGATE T _, F DEDw_nE.F g FETENTION $ g WORKERS COMPENSATION AND NPP1091052 05/17/2007 05/17/2008 1 ?oaTT1 X i-DH EMPLOYERS'LIABILITY WA STOP GAP EL IACCILEUT $ 1 000 A NIFF��=FICI„F�AF-rJLFrcE�Cn„E ,000 , uPFi1-FF/MFIl E✓ I ICED' EL DISEASE EAEI,FLo E b 110100.000 P,..- ✓to under FEe[,L LL-F,_d;r-,u;e,.nw ELDhEASE =i u1_*1 q 1,000,000 Pro essional Liability HI-0713013 05/17/2007 05/17/2008 $1,000,000 each claim B $1,000,000 Aggregate $5,000 ded. DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES 1 EX CLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS Tty of Kent is included as Additional Insured as respects their interest in the operations of the y amed insured during the policy term shown. his coverage is Primary and Non-Contributory. rofessional Liability is Evidence only. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURERVdLL ENCEAVORTO MAIL _30 DAYS viRTTEN NOTICETOTHE CERTIFICATE HOLDER NAMED TO THE LEFT City of Kent, Engineering Dept Nancy Yoshitake BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NOOBLIGATION OR LIABILITY 400 West Gowe OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES Kent, WA 98032 AUTHORIZED REPRESENTATIVE A Laurie Ross AAI/RCSS1 ACORD 25(2001108) FAX: (253)856-6500 ©ACORD CORPORATION 1988 Fti FF -If L_=else-4i Fug I W3 _wattle TP _C-6500 PRGE 002 VF 00: �r f k 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(2001f08) NUWUUh:UJFCl KUrfi' 1 fVS UKY ZWb .5bJ 21644 This Endorsement Modifies Your Policy (ctfectvex lncepPon Unrau Mother Oele Rrlav:; ADDITI IONAL INSURED ENDORSEMENT The Insurance afforded by this policy for"bodily Injury," "property damage"and/or "personal Injury' shall also apply to the "additional Insured" listed below for Claims, salts, and/or damages made against the "addition8l insured," but of ly to the extent the "additional insured" is being held responsible for the acts, omissions and/or negligence of the"named insured " This insurance afforded shall not apply to claims, suits and/or damages arising out of the acts, omissions and/or negligence of the"additional insured(s)." The inclusion of the"additional Insured(s)"shall not operate to increase the Company's Limit of Liability To the extent, if any, that this policy affords coverage to an"additional lnsurad," the"additional Insured" is subject to all of the terms of the policy_ The obligation of the Company to provide coverage to an "additional Insured" is further limited by the interest of the"additional insured"as defined below Interest of the Additional Insured(s) Defined: 110naoina ptolects wjth the city" For the purpose of this endorsement,the"named Insured"is the person(s) and/or party(les)designated on the Declarations Page of the policy or on any endorsement The"additional Insured"Is the person(s)and/or party(les) identified below. Identity of Additional Insured(s). city of Kent iComplme this section if endorsomont is added aftor policy Is ittoued i Policy No, Endorsomeni No End't Effocirve[late Slgnalure of Author.Representative Producer No. I AGENT WIN 180(04101) TOTAL P.C2