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HomeMy WebLinkAboutPW07-276 - Original - Parametrix - Midway Landfill Gas Probes - 10/26/2007 Records Management , \S7 KENT WA5HI TO. 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: Parametrix Contract Number: AO'07- 027( This is assigned by Mary Simmons Vendor Number: Project Names: Midway Landfill Gas Probes Contract Effective Date: October 26, 2007 Contract Termination Date: November 30, 2007 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Nick Horn Department: Engineering Abstract: Locate gas probes 64, 89 and R and determine their integrity. ADCL7832 07102 KENT Wws"iwa*ow CONSULTANT SERVICES AGREEMENT between the City of Kent and Parametrix THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Parametrix organized under the laws of the State of Washington, located and doing business at 411 108th Avenue NE, Suite 1800, Bellevue, WA 98004-5571, Phone. (425) 458-6376/Fax: (425) 458-6363, Contact: Kurt Easthouse (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 locate gas probes 64, 89, and R of the Midway Landfill, and determine their integrity. 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 November 30, 2007. III. COMPENSATION. d A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Six Thousand, Seven Hundred Twenty Seven Dollars and twenty five cents ($6,727.25) 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 amendment to this 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 CONSULTANT SERVICES AGREEMENT- 1 (Under S10 000) 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 (Under 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. XIL 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. CONSULTANT SERVICES AGREEMENT-3 /(Jnder S10 000) 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 parry 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 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) (signature) Print Name:\ +� M L-,cc Print Name: Larry R Blanchard Its: A*sA.,'"e a Its: Public Works Director (Title) (Title) DATE: 10, 19. 0-7 DATE: ,Zb '-O 7 CONSULTANT SERVICES AGREEMENT-4 (Under fS10000) NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Kurt Easthouse Larry R. Blanchard Parametrix City of Kent 411 108th Avenue NE 220 Fourth Avenue South Bellevue, WA 98004-5571 Kent, WA 98032 (425) 458-6376 (telephone) (253) 856-5500 (telephone) (425) 458-6363 (facsimile) (253) 856-6500 (facsimile) Parametnx-Landfill Gas Probes%Horn CONSULTANT SERVICES AGREEMENT-5 (Tinder S10 000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY m A such all The Cityof Kent is committed to conform to Federal and State laws regarding equal opportunity. s g g q 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 this�Ty day of lif��Gcr , 2007-. By: For: Title: h cl Date: <a, 1-4_d't EEO COMPLIANCE DOCUMENTS- I CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City 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 I 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 200 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 EXHIBIT A REVISION #1, SCOPE OF . - City of Kent Landfill Gas Probe Restoration Project INTRODUCTION Parametrix has been retained by the City of Kent(City)to locate and restore five gas monitoring probes associated with the Midway and Kent Highlands Landfills. This scope of work refers to the first step of this project: locating the probes This scope consists of a discussion of background information, objectives,project approach, assumptions,deliverables,estimated cost, and schedule. BACKGROUND INFORMATION Four of the gas probes(64, 69, 89,R)monitor off-site gas for the Midway Landfill. The fifth gas probe (KGP-38BL) monitors off-site gas for the Kent Highlands Landfill, and is also an important water level monitoring point. Both of these landfills are owned and operated by the City of Seattle. Probes 69 and KGP-38BL require replacements. Road improvement work in the area appears to be the reason the probes were either covered up or damaged. Objective: • Locate probes 64, 89,and R,and determine their integrity. Develop cost estimate for rehabilitation or replacement,if necessary PROJECT APPROACH Locate Probes—Parametrix will attempt to locate the probes by scanning the area with geophysical equipment(ground penetrating radar[GPR] and magnetometer) and meeting with City of Seattle landfill representatives. A report will be produced summarizing the results with recommendations and a cost estimate for further actions. Assumptions: The assumptions are as follows: 1. Cost does not include any excavating to locate top of probes. 2. The geophysical survey will take one 10-hour day 3. The probe location task will be conducted using GPR and a magnetometer. Deliverables: 1. Work Plan. 2. Summary and Recommendations Letter Report. Estimated Time and Material Cost (not to exceed without City permission): $6,800 City of Kent Landfill Gas Probe Restoration Project I September 2007 • • - • &TAM F.1910101 LI III LI I I 1:11,31M Schedule: Parametrix can start work on this project within two weeks of receiving a signed contract. This task will take approximately 2 weeks to complete. Future Work: Following this stage of the project,Parametnx will provide a scope of work for the second task- the restoration of the probes. City of Kent Landfill Gas Probe Restoration Project 2 April 2007 mn 0 y i ri j r t0 m p C N N a Q m p E LL j 1 I j y O F a NI i I ! N m p p N j o S ! Q ti a 1 C o U E NCL ! _ Z I G N m a n o n LO i ' m to ar -T MM 3 f0 I I t0 N N 1 i I I I p O I -, ZE p 1 I d N Ni N z I f d ! j o I i i I w I x 22, a W 1 1 w O � .2 U C W �t 'w C i �I W I m r r a V on Cr7 O° a d o MF it j 1 o a a 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 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 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 Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2 Commercial General Liability Insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000.000 general aggregate and a $1,000,000 products-completed operations aggregate limit EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance 1. The 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 Client# 19270 PARAMINC ACORD,M CERTIFICATE OF LIABILITY INSURANCE �0/24/200°""'"' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Kibble&Prentice ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 601 Union Street,Suite 1000 HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Seattle,WA 98101 206 441-6300 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Valley Forge Insurance Company 20508 Parametrix,Inc. INSURER B National Union Fire Insurance Co of 32298 P O Box 460 INSURER C XL Specialty Insurance Company 37885 Sumner,WA 98390 INSURER Transportation Insurance Company 20494 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 ADD POLICY EFFECTIVE POLICY EXPIRATION LTR INSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE fMM/DD/YYI LIMITS A GENERAL LIABILITY 1082221597 11101/06 11/01/07 EACH OCCURRENCE $1000000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $1 OO OOO CLAIMS MADE 51 OCCUR MED EXP(Any one person) $5 000 PERSONAL&ADV INJURY $1 000 000 GENERAL AGGREGATE $2 000 000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2000000 POLICY X PRO- JECT X LOG D AUTOMOBILE LIABILITY 1082221910 11/01/06 11/01/07 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO (Eaaccident) ALLOWNEDAUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIREDAUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHERTHAN EAACC $ AUTO ONLY AGO $ B EXCESS/UMBRELLA LIABILITY BE6564092 11/01/06 11/01/07 EACH OCCURRENCE $10 000 000 X OCCUR CLAIMS MADE Does Not Apply AGGREGATE $10 00O 000 to Professional $ DEDUCTIBLE Liability $ X RETENTION $10 000 $ A WORKERS COMPENSATION AND 1082221597 11/01/06 11/01/07 CRYWCSTATIU oTHER - EMPLOYERS'LIABILITY WA STOP GAP ONLY EL EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED9 EL DISEASE-EA EMPLOYEE $1,000,000 If yes describe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $1,000,000 C OTHER Professional DPR9600704 11/01/06 11/01/07 $5,000,000 per claim Liability $5,000,000 annl aggr CLAIMS MADE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 555-1843-021 -Landfill Probe Restoration,City of Kent,WA Certificate holder is Additional Insured and coverage is primary and non-contributory as respects General Liability per attached endorsement *10 Days Notice of Cacellation for non-payment of premium CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent, Engineering DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL _ 10* DAYS WRITTEN Attn Nancy Yoshitake NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 400 West Gowe IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Kent,WA 98032 REPRESENTATIVES AUTHORIZED REPRESENTATIVE / //C.[ s G �YU�✓ s'J ACORD 25(2001108)1 of 2 #S231789/M205647 6DNJU © 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 25S(2001108) 2 of 2 #S231789/M205647 G-17957-G CNA (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.1. 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 Protect: As required by written contract All operations of the Named Insured or written agreement (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 coverage applies to liability resulting from the include as an insured any person or organization, sole negligence of the additional insured including any person or organization shown in the 2, The Limits of Insurance applicable to the schedule above, (called additional insured) whom additional insured are those specified in the you are required to add as an additional insured on written contract or written agreement or in the this policy under a written contract or written Declarations of this policy, whichever is less agreement, but the written contract or written These Limits of Insurance are inclusive of, and agreement must be not in addition to, the Limits of Insurance shown 1. Currently in effect or becoming effective during in the Declarations the term of this policy, and 3. The coverage provided to the additional insured 2. Executed prior to the "bodily injury," "property by this endorsement and paragraph f. of the damage,"or"personal and advertising injury" definition of "insured contract' under DEFINITIONS (Section V) do not apply to B. The insurance provided to the additional insured is "bodily injury" or "property damage" arising out limited as follows of the "products-completed operations hazard" 1. That person or organization is an additional unless required by the written contract or insured solely for liability due to your negligence written agreement When coverage does apply specifically resulting from "your work" for the to "bodily injury" or "property damage" arising additional insured which is the subject of the out of the "products-completed operations written contract or written agreement No hazard" such coverage will not apply beyond G-17957-G Page 1 of 2 (Ed 01/01) G-17957-G CNA (Ed 01/01) a. The period of time required by the written (1) Give written notice of an occurrence or contract or written agreement, or an offense to us which may result in a b. 5 years from the completion of "your work" claim or"suit" under this insurance, on the protect which is the subject of the (2) Tender the defense and indemnity of written contract or written agreement, any claim or "suit" to any other insurer whichever is less which also has insurance for a loss we cover under this Coverage Part, and 4. The insurance provided to the additional (3) Agree to make available any other insured does not apply to "bodily injury," insurance which the additional insured "property damage,"or'personal and advertising injury" arising out of an architect's, engineer's, has fora loss we cover under this Coverage Part or surveyor's rendering of or failure to render any professional services including f. We have no duty to defend or indemnify an a. The preparing, approving, or failing to additional insured under this endorsement prepare or approve maps, shop drawings, until we receive written notice of a claim or opinions, reports, surveys, field orders, "suit"from the additional insured change orders or drawings and 2. Paragraph 4.b. of the Other Insurance specifications, and Condition is deleted and replaced with the b. Supervisory, or inspection activities following performed as part of any related 4. Other Insurance architectural or engineering activities b. Excess Insurance C. As respects the coverage provided under this endorsement, SECTION IV — COMMERCIAL This insurance is excess over any other naming the additional as follows insurance GENERAL LIABILITY CONDITIONS are amended insured a an insured whether primary, excess, contingent or on any other 1. The following is added to the Duties In The basis unless a written contract or Event of Occurrence, Offense, Claim or Suit written agreement specifically requires Condition that this insurance be either primary or e. An additional insured under this primary and noncontributing endorsement will as soon as practicable G-17957-G Page 2 of 2 (Ed 01/01)