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HomeMy WebLinkAboutPK08-023 - Original - Pressure Washing at Lake Meridian Vol Records Ma .' g ement � KENO T ` w WASHINOTON PPI11—- 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 1 ` k6k Se Contract Number: This :s ass,gned b,Mar Simmons Vendor Number: �0 A 0 Project Name: /"fi l phase — LaK2 Contract Effective Date. Contract Termination Date: u In Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: o�y Department: C S� Abstract: ADCL7832 07/02 i • KENT W A 9 H I N O T O N GOODS & SERVICES AGREEMENT between the City of Kent and All Phase Pressure Washing THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and All Phase Pressure Washing organized under the laws of the State of Washington, located and doing business at PO Box 82100, Kenmore, WA 98028; P: 206-715-7582, F: 425-485-2964 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: Pressure wash metal roof of building, clean gutters, clear downspouts and provide a full building rinse at Lake Meridian Park as described in the contractors proposal dated April 4, 2008 attached and incorporated as Exhibit A. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by April 30, 2008. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Seven Hundred Dollars ($700.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS &SERVICES AGREEMENT - 1 (Under$10,000.00, including WSST) Once the Goods and Services Agreements are executed and all work is complete, the City will pay on the submitted invoice provided by the contractor. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for 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 Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the Vendor 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. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or 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 Vendor'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 Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit GOODS & SERVICES AGREEMENT - 2 (Under$10,000.00, including WSST) subsequent amendment requests for that portion of the contract work,. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor 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. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor 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 Vendor 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 Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor'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 Vendor'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 chimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor 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 Vendor's records needed for evaluating the protest. 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. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. GOODS &SERVICES AGREEMENT - 3 (Under$10,000.00, including WSST) D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor 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 Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR 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 VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor 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 part of the goods are repaired, 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 Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor 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. Vendor 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. XI. INDEMNIFICATION. Vendor 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 Vendor'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 Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY GOODS & SERVICES AGREEMENT - 4 (Under$10,000.00, including WSST) 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. XII. INSURANCE. The Vendor 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. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor ' 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 Vendor's own risk, and Vendor 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. XIV. 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 XI 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. GOODS & SERVICES AGREEMENT - 5 (Under$10,000.00, including WSST) 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 Vendor. 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 Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By:— By: 6�(gnature) (signature) Print Name: Cr[tc Print ame: Jeff Watling Its: 0"r( Its: Parks Department Director �/—Ri6or (Title) (Title) DATE?" DATE: 13 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Bo Price Greg Highsmith All Phase Pressure Washing City of Kent PO Box 82100 220 Fourth Avenue South Kenmore, WA 98028 Kent, WA 98032 206-715-7582 (telephone) (253) 639-1861 (telephone) 425-485-2964 (facsimile) (253) 630-0670 (facsimile) Lake Meridian-All Pressure GOODS & SERVICES AGREEMENT - 6 (Under$10,000.00, including WSST) 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 this 2 day of D , 2008. By: ct For: Title• yl Date: `{ �� EEO COMPLIANCE DOCUMENTS - 1 of 3 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 of 3 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 , 2008. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 L 01 KI P RES SUPFUM W^OH1NCIM06 MIS1M0"ENTIAMR— — 4--400MMEMC--0A LL— L 1 sensed=Bonded=Insured —�-- #ALLPHPP979 N13 Bid to Greg Highsmith 14800 SE 272°d Street, Kent p:253-639-1861; f. 253-630-0670; e: GHighsmith@ci.kent.wa.us April 4,2008 Following is a bid from All Phase Pressure Washing for metal roof cleaning at Lake Mendian Park. Cost based on emailed photos of the property. The higher price per square foot is due to the slippery nature of standing seam roofs.Heavy algae is present and not removed easily, also dictating the higher price.Ropes and harnesses will be used for safety. RoofCleaning......................................................................................................................$700.00 - High volume,low pressure, 1600-1800 psi machines used for a gentle roof clean - Gutters cleaned, inside and out; downspouts cleared; full building rinse - Rotary nozzles used to remove algae Sales tax(8.9%).........................................................................................added into final invoice Thank you for the opportunity to bid on this project. The project will take 1 Iday to complete. Payment due upon project completion.All work guaranteed by All Phase. If approved, please sign and fax to 425-485-2964 or email bonriceahotmail.com. Any questions, please call Bo Price at 206-715-7582. Thanks! We look forward to working with you. Client Approval Date The above estimate is for the scope of work defined;anything not specified is excluded. Variations from this scope of work may result in a change order.Estimate valid for 30 days. All Phase Pressure Washing—P.O. Box 82100—Kenmore, WA 98028—206.715.7582 phone May 08 2008 11 : 29AM Western Benefits Insuranc 14253163556 P. 1 ACORN CERTIFICATE OF LIABILITY INSURANCEDR PRODUCER THIS CERTIFICATE IS MUM AS A TTSR OF INFORMATION ftsUm Benefits Ins.Agency ONLY AND CONFERS NO MGH78 UPON THE CERTIFICATE 105M 1 Oth A%e SE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Suite C ALTER THE COVERAGI AFFORDED BY THE POLICIES BELOW. E:+,eretk VVA88208 INSURERS AFFORDING GOVERN KmC# INKxw INSMER A 0DkWV Insurance OMgMrW Bo Price DBk- All Phase Pressure Wash INWJM 9: INSURER C: Po Box 82100 IN"ER D. Kenrrt ,%AA980028 I NSURM e COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWffHSTANDING ANY REOUFREt NT,TERIiI OR CONDITION OF ANYCOIN7RACT 01t OTHER DOCUMMTVVrrH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUE D OR MAY PERTAHN,THE INS)RANGE AFPOR DED BYTHE POLICdES OESCREBED HEREIN IS SLI BJECT TO ALL THE TERMS,EXCLUSKM AND CONDrrX=OF SUCH POLICIES.AGGREGATE LIMITS SHOYIRN MNY HAVE BEEN REDUCED BY PAID CLAIMS. POLW NLREElt LVMTS A GE N IMLIAM" EACH OCCURRENCE $ $1,000,000 x ODM1nER CIAL SENERAL LIAI30 ITY GL3262412 8/22007 8/212008 $W ODO CLAWS MADE L-- r OCCUR NIM E)p ora on $ $1, PERSONAL&AOV PI,IURY $ $1,000,000 GE]4ER#AGGREGATE $ $2,000,0DO MCL AGGREGATE LIMIT APPLES PER: PRODUCTS-COWPIOP AGO $ Ind In gen atg POLICY PRa FT LOC PANOMOSILE LIABILITY CONSINED SINGLE LIMIT AAUTO (Be so mt) $ NY ALL OWNED AUTOS BODtl.Y INJJRY $ SCHEDULED AUTOS (per Dea eQN HIRED AUTOS 500ILY 1 NJI,IRY NON-OWNED AUTOS (PeteaCi Wdj $ god Y DAMAt3E $ GARAWLUMILITY AUTO ONLY-EAACCIOENT $ ANYAUTO TNLY'HAN MR �"� $ AUTO O AGO $ EXCeSSIUNERELLA UAA L" EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ RD ECUCTUXE $ RETENTION i $ WORKERS COMPE:NSATIONAND EMPLOYERS!LIA K"Y ANY PROPRETOMPARTNERIDECURVE E.L.EACH ACCIDENT $ OMCERMEMSM E KCLUDED? E.L.DISEASE-EA EMPLOYEE F IP s,QoaAba undor PR Slaabw E.L.D1SS45E-POI1CY1IM1T $ OTHER IPTION OF OPERATIONS i LOCATIONS I VO4CUI8I EKCLUSK NB ADOIOBY ENDOMMENIr I SPECIAL PROVISIONS Ceffik4ft HDkW is mumd as adODnW klsured as respects to the Insureds operatkIns. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE OMF41M POLICES ESE CANCELLED 8EPORE THE ELATION CityclKent DA7Enomr-,TmI88iANl paLvmvoLLBtamvoRTOIUUL 10 wIYSMmTm 220 2241h Ahenue South NOIFEi TO TM CATS HOL=NAIM TO TM LEFT,ESUr FAILURE TO nO so E3NAI.L WPM NO ONLIGATIONOR LMWW OF AW KINDUPONTREMU116k ITS AGENTS OR Kent,WA O8032 IfnsNoNmilves. AUnNIMUD REPRESENTAWA l' ACORD 25(2001100) OACORD CORPORATION 1BBB May 08 2008 11 : 29AM Western Benefits Insuranc 14253163556 p. 2 I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the followi ng: I COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE n of Additional Insured Person(s)or Orgartization(s) Additional Insured)- Location(s)of Covered Operations City of Kent Lake IWeridtan Park 224Nt Avenue South Kent,WA 98032 A. SECTION It-WHO IS AN INSUREDIs amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for"bodily injury",'properly damage"or"personal and advertising injury"caused, in whole or in part, by: 1. Your acts or omissions;or 2. The acts or omissions of time acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insuredunder this endorsement ends when your operations for that additional Insured are completed. B With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to: Additional Insured Contractual Liability "Bodily injury"or"property damage"for which the'ladditional insured(s)"are obligated to pay damages by reason of the assumption of liability in a contract or agreement. Finished Operations or Work "Bodily lnjury'or'properly damage"occurring after. (1) All work, Including materials, parts or equipment furnished In connection with such work,on the project(other than service, maintenance or repairs)to be perfiormed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of'your work"out of which the injury or damage arises has been put to its intended use by any person or organization. NegNgence of Additional Insured "Bodily injury'or"property damage"directly arising out of or resulting from the negligence of the"additional insureds)". 1 ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U156.0707 Includes copyrighted material of ISO Properties, Inc,with its permission Page 1 of 11 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor,their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned,non-owned,hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary,the policy shall be endorsed to provide contractual liability coverage. 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 1185. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than$1,000,000 each occurrence, $2,000,000 general aggregate and a$2,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued ) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain,the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail,return receipt requested,has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor.