HomeMy WebLinkAboutPK08-200 - Original - Statewide Parking Lot Services, Inc. - Maintenance of Parking Lot at West Fenwick Park - 06/04/2008 }P t
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Records M a eme
KENO Document
WASH I NO TO N
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact City Clerks Office.
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Vendor Name: (5-fa�' w �4 ���� J Vendor Number: 3 0
JD Edwards Number
Contract Number:
Loy - aoa
This is assigned by Clerk's Office
Description: VVL°S CY�1/VeL V-
Detail:
Project Name: (Alt 5 :e MIMC PGA
Contract Effective Date: q V � Termination Date: u v�
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Department:
Abstract:
S:Public\RecordsManagement\Forms\ContractCover\ADCL7832 07/02
�•
KENT
W A 5 H I N G T O N
PUBLIC WORKS AGREEMENT
between City of Kent and
Statewide Parking Lot Services
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and Statewide Parking Lot Services organized under the
laws of the State of Washington, located and doing business at 33920 211 PI SE, Auburn,
Washington 98092; P: 253-630-1956, F: 253-804-8497 (hereinafter the "Contractor").
AGREEMENT
The parties agree as follows:
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City in accordance with the
following described plans and/or specifications:
Remove and install new bumper curbs, re-stripe and install 16,000 square feet seal
coating (two coats) at West Fenwick Park in Kent, Washington as described in the
contractors proposal dated March 25, 2008 attached and incorporated as Exhibit A.
Contractor further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time such services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon execution of this Agreement. Upon the effective
date of this Agreement, Contractor shall complete the work described in Section I within 60
days.
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed
Six Thousand One Hundred Thirty Five Dollars ($6,135.00), plus any applicable
Washington State Sales Tax, for the work and services contemplated in this Agreement. The
City shall pay the Contractor fifty percent (50%) of the Contract amount upon completion and
acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed
below and throughout this Agreement.
A. No Performance Bond. Because this contract, including applicable sales tax,
is less than $25,000, and pursuant to Chapter 39.08 RCW, the Contractor, in
PUBLIC WORKS AGREEMENT - 1
(Under$1OK and No Performance Bond)
lieu of providing the City a performance bond, has elected to have the owner
retain the final fifty percent (50%) of the Contract amount for a period of
sixty (60) days after the date of final acceptance, or until receipt of all
necessary releases from the State Department of Revenue and the State
Department of Labor & Industries and until settlement of any liens filed
under Chapter 60.28 RCW, whichever is later.
B. Defective or Unauthorized Work. The City reserves its right to withhold
payment from Contractor for any defective or unauthorized work. Defective
or unauthorized work includes, without limitation: work and materials that
do not conform to the requirements of this Agreement; and extra work and
materials furnished without the City's written approval. If Contractor is
unable, for any reason, to satisfactorily complete any portion of the work, the
City may complete the work by contract or otherwise, and Contractor shall be
liable to the City for any additional costs incurred by the City. "Additional
costs" shall mean all reasonable costs, including legal costs and attorney
fees, incurred by the City beyond the maximum Contract price specified
above. The City further reserves its right to deduct the cost to complete the
Contract work, including any Additional Costs, from any and all amounts due
or to become due the Contractor.
C. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF
FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A
WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE
TIME FINAL PAYMENT IS MADE AND ACCEPTED.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement and that the Contractor has
the ability to control and direct the performance and details of its work, the City being interested
only in the results obtained under this Agreement.
V. TERMINATION. The City may terminate this Agreement for good cause. "Good
cause" shall include, without limitation, any one or more of the following events:
A. The Contractor's refusal or failure to supply a sufficient number of properly
skilled workers or proper materials for completion of the Contract work.
B. The Contractor's failure to complete the work within the time specified in this
Agreement.
C. The Contractor's failure to make full and prompt payment to subcontractors
or for material or labor.
D. The Contractor's persistent disregard of federal, state or local laws, rules or
regulations.
E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt.
F. The Contractor's breach of any portion of this Agreement.
PUBLIC WORKS AGREEMENT - 2
(Under$10K and No Performance Bond)
Vow
If the City terminates this Agreement for good cause, the Contractor shall not receive any
further money due under this Agreement until the Contract work is completed. After
termination, the City may take possession of all records and data within the Contractor's
possession pertaining to this project which may be used by the City without restriction.
VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay
Prevailing Wages," with the State of Washington Department of Labor & Industries prior to
commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the
bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code
of Washington, as well as any other applicable prevailing wage rate provisions. The latest
prevailing wage rate revision issued by the Department of Labor and Industries is attached.
VII. CHANGES. The City may issue a written change order for any change in the
Contract work during the performance of this Agreement. If the Contractor determines, for any
reason, that a change order is necessary, Contractor must submit a written change order
request to the person listed in the notice provision section of this Agreement, section XV(D),
within fourteen (14) calendar days of the date Contractor knew or should have known of the
facts and events giving rise to the requested change. If the City determines that the change
increases or decreases the Contractor's costs or time for performance, the City will make an
equitable adjustment. The City will attempt, in good faith, to reach agreement with the
Contractor on all equitable adjustments. However, if the parties are unable to agree, the City
will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed
with the change order work upon receiving either a written change order from the City or an oral
order from the City before actually receiving the written change order. If the Contractor fails to
require a change order within the time specified in this paragraph, the Contractor waives its
right to make any claim or submit subsequent change order requests for that portion of the
contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must
complete the change order work; however, the Contractor may elect to protest the adjustment
as provided in subsections A through E of Section VIII, Claims, below.
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2)
writing a separate acceptance, or (3) not protesting in the way this section provides. A change
order that is accepted by Contractor as provided in this section shall constitute full payment and
final settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
VIII. CLAIMS. If the Contractor disagrees with anything required by a change order,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Contractor may file a claim as provided in this
section. The Contractor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Contractor knew or should have known of the facts or events
giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for
any reason, or extension of time, whether under this Agreement or otherwise, shall be
conclusively deemed to have been waived by the Contractor unless a timely written claim is
made in strict accordance with the applicable provisions of this Agreement.
At a minimum, a Contractor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
PUBLIC WORKS AGREEMENT - 3
(Under$10K and No Performance Bond)
'W"
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Contractor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Contractor is asserting a schedule change or
disruption.
B. Records. The Contractor shall keep complete records of extra costs and time
incurred as a result of the asserted events giving rise to the claim. The City shall
have access to any of the Contractor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are
followed. If the City determines that a claim is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
C. Contractor's Duty to Complete Protested Work. In spite of any claim, the
Contractor shall proceed promptly to provide the goods, materials and services
required by the City under this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Contractor also waives any additional entitlement and accepts from the City any
written or oral order (including directions, instructions, interpretations, and
determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures
of this section, the Contractor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY
LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR
DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO
FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY
APPLICABLE STATUTORY LIMITATIONS PERIOD.
X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the
City a one-year warranty bond in a form and amount acceptable to the City. The Contractor
shall correct all defects in workmanship and materials within one (1) year from the date of the
City's acceptance of the Contract work. In the event any parts are repaired or replaced, only
original replacement parts shall be used—rebuilt or used parts will not be acceptable. When
PUBLIC WORKS AGREEMENT - 4
(Under$1OK and No Performance Bond)
defects are corrected, the warranty for that portion of the work shall extend for one (1) year
from the date such correction is completed and accepted by the City. The Contractor shall begin
to correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Contractor does not accomplish the corrections within a reasonable time as
determined by the City, the City may complete the corrections and the Contractor shall pay all
costs incurred by the City in order to accomplish the correction.
XI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on
behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates.
Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy
Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract
work, file the attached Compliance Statement.
XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Contractor's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Contractor's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor
and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability
hereunder shall be only to the extent of the Contractor's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
Agreement.
XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
PUBLIC WORKS AGREEMENT - 5
(Under$1OK and No Performance Bond)
a .
XV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
,and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section XII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Contractor.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
PUBLIC WORKS AGREEMENT - 6
(Under$1OK and No Performance Bond)
to Contractor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONTRACTOR: CITY OF KENT:
By:
(si �atur (signature)
Print Name: Print : Jeff Watling
Its Its: Parks Director
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Shane Gilbertson
Statewide Parking Lot Services City of Kent
33920 211 PI SE 220 Fourth Avenue South
Auburn, WA 98092 Kent, WA 98032
253-630-1956 (telephone) (253) 856-5115 (telephone)
253-804-8497 (facsimile) (253) 856-6050 (facsimile)
West Fenwick Park-Statewide Parking
PUBLIC WORKS AGREEMENT - 7
(Under$10K and No Performance Bond)
� r
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 day of , 2008.
By
For:
Title: E,=&� C2,2A
Date: 7—— ® R
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 12008.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
a { "MAR. 25. 2008 9:57AM STATEWIDE PARKING N0. 451 P 3
G STATEWIDE PmOPOSAI_
���r`OP PARKING LOT SERVICES,INC. X
�•���`�VVp''�9 33920 211TH PLACE SE ,
Top", c� AUBURN,WA 98092
`ia www.statowideparkingloto.com 3/25/2008 58'5
(253)1130-1956•FAX(953)804-8497
PROPOSAL SUBMITTED TO:
CITY OF DENT PARKS WEST LAKE FENWI --K
A'IT; SHANE CELL 253440.6630
220 4TH AVE S 206.321—Uri T,X 253-856-6050
KENT WA 98032
NET NO
QUANTITY DESCMPTION RATE AMOUNT'A
16.000 SQ FT SEALCOATING TWO COATS 0.21 3,360.00
PRESSURE NVASIi DIRTY AREAS 600.00 fi00.00
LAYOT AND RE STRIPE 795.00 795.00
1'' REMOVE 12 BUMPER CUR13S AND HAUL AWAY 25.00 300.00
12 INSTALL NEW MUM CURBS 90.00 1,080.00
NOTEXAX IS NOT INCLUDED IN THIS PROPOSAL 0.00 O.00T
LOOK AT PICTURES OF JOBS COMPLETED! 0.00 0.00
WE B SITE:STATEWIDEPARMNGLOTS.C OM
WA SA LS TAX 8.9 8.90% 0.00
WIN AND FAX BACK IF APROVAL IS GTVEN• $6.135.00
�CEPTANOE OF PROPOSAL SIGNATURE DAB
ERMS OF SALE ON REVERSE SIDE ARE PART OF THIS PROPOSAL.
ACORD,A CERTIFICATE OF LIABILITY INSURANCE 04,1oi2o 8
PRODUCER (2S3)272-11SI FAX (253)272-1225 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Hentschel l & Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
One Pacific Building HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
g ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
621 Pacific Ave., Suite 400
Tacoma, WA 98402 INSURERS AFFORDING COVERAGE NAIC#
INSURED Statewide Parking Lot Services, Inc. INSURERA. American Fire & Casualty Company
33920 211th Place S E INSURER B.
Auburn, WA 98092 INSURERC.,
INSURER D
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
1NSR ADDIL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
DATE IMMIDDPM
GENERAL LIABILITY BKAS3668672 09/15/2007 09/15/2008 EACH OCCURRENCE $ 1,000 000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED S 100,000
CLAIMS MADE a OCCUR MEO EXP(Any one person) $ 10,000
A X X Empl Dyers Li ab. PERSONAL&ADV INJURY $ 1,000,00
(WA Stop Gap) GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000
POLICY X JEC LOC
AUTOMOBILE LIABILITY BAAS3668672 09/1S/2007 09/15/2008 COMBINED SINGLE LIMIT
X ANYAUTO (Eeaccident) $ 1,000,000
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
A X
HIRED AUTOS
BODILY INJURY S
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S
ANYAUTO OTHERTHAN EA ACC $
AUTO ONLY: AGG $
EXCESSIUMBRELLA LIABILITY USOS3668672 09/15/2007 09/1S/2008 EAC14OCCURRENCE $ 1,000,000
X OCCUR CLAIMS MADE AGGREGATE $ 1,000,000
A X $
DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND WC STATU- OTH-
ER
EMPLOYERS'LtAStLrrY WASHINGTON STATE FUND E.L.EACH ACCIDENT S
ANY PROPRIETORIPARTNERIEXECUTIVE
OFFICERIMEMBER EXCLUDED? E L.DISEASE-FA EMPLOYE $
If yes,describe under
SPECIAL PROVISIONS below E L.DISEASE-POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS/w�,TIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
e: West Fenwick Park
lanket additional insured applies in favor of any person or organization if called for by written
ontract, agreement or permit. Coverage is primary & non contributory, waiver of subrogation
pplies per policy form CC 84 16 12 03 attached.
CERTIFICATE HOLDEREL
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF KENT EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL
PARKS & OPEN SPACES 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
AM: TONY DONATI BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
220 4TH AVE S OF ANY KNO UPON THE W=RER,ITS AGENTS OR REPRESENTATIVES.
KENT, WA 98032 AUTHORIZED REPRESENTATIVE
jLarry Fl nn/TDM
ACORD 25(2001108) FAX: (253)856-6050 OACORD 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.
1
i
I
ACORD 25(2001108)
CG 841 B 12 03
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
GENERAL LIABILITY
MASTER PAK PLUS e
FOR CONSTRUCTION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
MR:
INDEX
SUBJECT
PAGI?
BLANKET ADDITIONAL INSURED(OWNERS,LESSEES,CONTRACTORS OR LESSORS) 2
N
E s.� FIRE,LIGHTNING,EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT 3
s
Mffim
NON-OWNED WATERCRAFT 4
SUPPLEMENTARY PAYMENTS(BAIL BONDS) 4
PERSONAL AND ADVERTISING INJURY-ELECTRONIC PUBLICATION EXTENSION 5
e
T AGGREGATE LIMITS(PER LOCATION) 5
AGGREGATE LIMITS(PER PROJECT) 3
VOLUNTARY PROPERTY DAMAGE COVERAGE 6
OFF PREMISES CARE,CUSTODY OR CONTROL COVERAGE B
NEWLY FORMED OR ACQUIRED ORGANIZATIONS 7
DUTIES IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT 7
BODILY INJURY(MENTAL ANGUISH) 8
WAIVER OFTRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS 8
MEDICAL PAYMENTS 8
P
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BROAD NAMED INSURED 8
BROADENED MOBILE EQUIPMENT B
INCIDENTAL MALPRACTICE LIABILITY 8
NON-OWNED AIRCRAFT 9
PROPERTY DAMAGE-ELEVATORS 9
Includes copyrighted materiel of ISO Properties.,Inc.,with its permission.
CO 841B 12 03 0 ISO Properties,the.,2003 Page 1 of 9
1. •SLANKETADi]MONALiNSURED(Owners,Lessees,Contractors or Lessors)
(includes a Primary/Non-Contributary provision)
Who Is An Insured Section 11 is amended to include as an insured any person or organization whom you are
required to name as on additional insured on this policy in a written contract or written agreement. The
written contract or written agreement must be currently in effect or becoming effective during the term of
this policy and executed prior to the "bodily injury," "property damage" or "personal and advertising
injury."
The insurance provided the additional insured is limited as follows:
A. The person or organization is only an additional insured with respect to liability:
1. Arising out of real property,as described in a written contract or written agreement,that you own,
rent,lease,or occupy;or
2. Caused in whole or in part by your ongoing operations performed for that insured,
The insurance provided the additional Insured in 1.A.2.above does not apply to:
a. Coverage A - Bodily injury and Property Damage Liability, Coverage.B - Personal and Ad-
vertising Injury Ualaility or defense coverage under the Supplementary Payments arising out
of an architect's, engineer's or surveyor's rendering of or failure to render any professional
services Including:
(1) The preparing, approving, or failing to prepare or approve maps, shop drawings,opin-
ions,reports,surveys,field orders,change orders or drawings and specifications;and
i
(2) Supervisory,inspection,architectural or engineering activities.
b. "Bodily injury"or"property 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) were performed by or on
behalf of the additional insured(s) at the site where the covered operations have 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 other than another contractor or subcontrac-
tar engaged in performing operations for a principal as part of the same project.
B. The limits of insurance applicable to the additional insured are those spedified In a written contract or
written agreemment or the limits of Insurance as stated In the Declarations of this policy and defined in
Section lit-Limits Of insurance of this policy,whicheverare less.These limits are Inclusive of and not
in addition to the limits of insurance available under this policy.
e C. The insurance provided the additional insured does not apply to the liability resulting from the sole
negligence of the additional insured,
Includes copyrighted material of ISO Properties.,Inc.,with its permission.
CO 84 16 12 03 0 iSO Properties, Inc.,2003 Page 2 of 9
I
u. As respects the coverage provided to the aaanionai insured under this endorsement, Section IV-
Conditions Is amended as follows:
The following is added to Condition 2.Duties In The Event Of Occurrence,Offense,Claim,or Suit:
An additional insured under this endorsement will as soon as practicable:
a. Give written notice of an "occurrence"or an offense,that may result in a cisIm or"suit"
under this Insurance to us;
b. Tenderthe defense and indemnity of any claim or "suit" to all insurers whom also have
insurance availableto the additional insured;and
i c. Agree to make available any other insurance which the additional insured has for a loss
N l we cover under this Coverage Part
c
a
2. The following is added to Condition 3.Legal Action Against Us:
am
MW We have no duty to defend or indemnify an additional insured under this endorsement until we
receive written notice of a claim or"suit"from the additional insured.
o 3. The following is added to Paragraph a„Primary insurance of Condition 4.Other Insurance:
If the additional insured's policy has an Other Insurance provision making its policy excess,and a
Named Insured has agreed in a written contract or written agreement to provide the additional
i Insured coverage on a primary and noncontributory basis,this policy shall be primary and we will
not seek contribution from the additional Insured's poilcyfor damages we cover.
a
4. The following is added to Paragraph b.,Excess Insurance of Condition 4.Other insurance:
Except as provided in Paragraph 4.a.Primary Insurance as amended above,any coverage provided
hereunder shall be excess over any other valid and collectible insurance available to the additional
Insured whether primary, excess, contingent or on any other basis. In the event an additional
insured has other coverage available for an "occurrence" by virtue of also being an additional
insured on other policies,this insurance is excess over those other policies.
2. FIRE,LIGHTNING,EXPLOSION AND SPRINKLER LEAKAG9 DAMAGE TO PREMISES YOU RENT
If Damage To Premises Rented To You under Coverage A is not otherwise excluded from this policy, the
following applies:
A. The last paragraph of 2.Exclusions of Section I-Coverage A Is replaced by the following:
a
If Damage To Premises Rented To You is not otherwise excluded,Exclusions c,through n.do not
apply to damage by fire, lightning, "explosion" or sprinkler leakage to premises while rented to
you or temporarily occupied by you with permission of the owner. A separate limit of Insurance
applies to this coverage as described in Section 111-Limits Of Insurance.
Includes copyrighted material of ISO Properties., Inc.,with its permission.
CG 841b 12 03 0 ISO Properties,Inc.,2003 Page 3 of 9
B. Paragraph 6,of Section III,Limits Of insurance is replaced by the following:
6. Subject to 5. above,the higher of$300,0c0 or the Damage To Premises Rented To You Limit
shown in the Summary of Limits and Charges section of this policy Is the most we will pay
under Coverage A for damages because of"property damage"to premises rented to you or
temporarily occupied by you with the permission of the owner arising out of any one fire,
lightning,"explosion"or sprinkler leakage incident.
C. Paragraph b.(1)(b) of Condition 4. Other Insurance (Section IV - Conditions) is replaced by the
following:
(1) That is Fire,Lightning,Explosion or Sprinkler Leakage Insurance far premises rented to you or
temporarily occupied by you with the permission of the owner;
D. Paragraph 9.a. of the definition of"insured contract" in Section V- Definitions is replaced by the
following:
8. "Insured contract"means:
a. A contract for the lease of premises. However, that portion of the contract for a lease of
premises that Indemnifies any person or organization for damages by fire, lightning,
"explosion" or sprinkler leakage to premises while rented to you or temporarily occupied
by you with the permission of the owner Is not an "Insured contract';
E. The following definition is added to Section V-Definitions.
I
"Explosion" means a sudden release of expanding pressure accompanied by a noise,a bursting
forth of material and evidence of the scattering of debris to locations further than would have
resulted by gravity alone,
"Explosion"does not include any ofthefollowing:
1. Artificially generated electrical current including electrical arcing that disturbs electrical
devices,appliances or wires,
2. Rupture or bursting of water pipes;
3. Explosion of steam boilers, steam pipes, steam engines or steam turbines owned or
[eased by you,or operated underyour control;or
4, Rupture or bursting caused by centrifugal force.
1
3. NON-OWNED WATERCRAFT j
Subparagraph g.(2)of Paragraph 2.,Exclusions of Section i-Coverage A Is replaced by the following:
(2) A watercraft you do not own that Is:
(a) Less than 61 feet long;and
(b) Not being used to carry persons or property for a charge;
4. SUPPLEMENTARY PAYMENTS
In the Supplementary Payments-Coverages A and B provision: !
The limit for the cost of ball bonds In Paragraph 1.b.Is changed from$250 to$1000.
Includes copyrighted material of ISO Properties.,Inc.,with its permission.
CO 84 10 12 03 0 ISO Properties,Inc.,2003 Page 4 of 9
I
b. Pt:HSUNAt_AND ADVERTISING INJURY-9LECTRONiC PUBLICATION EXTENSION
Paragraphs 14.b.,d.and e.of Section V-Definitions are replaced by the following:
b. Malicious prosecution or abuse of process;
d. Oral, written, televised, videotaped or electronic publication of material that slanders or Ilbels a
person or organization or disparages a person's or organization's goods,products or services;
e. Oral,written, televised, videotaped or electronic publication of material that violates a person's
offil right of privacy;
Thefollowing is added to Paragraph 14."Personal and Advertising Injury"of Section V-Definitions:
h. Discrimination or humiliation that results In injury to the feelings or reputation of a natural person,
but only if such discrimination or humiliation is:
(1) Not done intentionally by or at the direction of:
i�
(a) An Insured;or
(b) Any"executive officer"director,stockholder,partner or member of the insured;and
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(2) Not directly or indirectly related to the employment, prospective employment or termination
of employment of any person or persons by any Insured.
Subparagraphs b. and c, of 2., Exclusions of Section t - Coverage B - Personal And Advertising injury
i Liability are replaced by the following:
e
b. Material Published With Knowledge Of Falsity
"Personal and advertising injury"arising out of oral, written, televised,videotaped or electronic
publication of material,if done by or at the direction of the insured with knowledge of its falsity;
c. Material Published Prior To Policy Period
"Personal and advertising injury" arising out of oral, written, televised,videotaped or electronic
publication of material whose first publication took place before the beginning of the policy pe-
riod;
S. AGGREGATE LIMITS OF INSURANCE(PER LOCATION)
The General Aggregate Limit under Section iII Limits Of Insurance applies separately to each of your
a "locations"owned by or rented to you ortemporarily occupied by you with the permission of the owner.
"Location" means premises involving the same or connecting lots, or premises whose connection is
interrupted only by a street,roadway,waterway or right-of-way of a railroad.
7. AGGREGATE LIMITS OF INSURANCE(PER PROJECT)
The General Aggregate Limit under Section IIi Limits Of Insurance applies separately to each of your
projects away from premises owned by or rented to you.
Includes copyrighted material of ISO Properties.,Inc.,with its permission.
CG 94 16 12 03 0 ISO Properties,Inc.,2003 Page 6 of 9
B. VOLUNTARY PROPERTY DAMAGE COVERAGE
At your request,we will pay for"loss"to property of others caused by your business operations.The most
we will pay for this coverage is$500 each "occurrence."The "loss" must occur during the policy period.
The "occurrence"must take place in the "coverage territory
"Loss" means unintended damage or destruction. "Loss" does not mean disappearance,abstraction
or theft.
This coverage does not apply to;
1. Damage arising out of the use of any"auto";
2. Property you own,occupy,rent or lease from others;or
3. Property on your premises for safe,service,repair or storage.
None of the other policy exclusions apply to this coverage.
If the policy to which this endorsement is attached Is written with a property damage liability deductible,
the deductible shall apply to Voluntary Property Damage, The limit of coverage stated above shall not be
reduced by the amount of this deductible.
9. OFF PREMISES CARE,CUSTODY OR CONTROL COVERAGE
A. We will pay those sums that you become legally obligated to pay as damages because of "property
damage"to personal property of others while in your or your"employees" care,custody or control oT
real property of other's over which you or your "employees" are exercising physical control if the
"property damage" arises out of your business operations,This Coverage is subject to sections B.,C.,
0.end E.below,
S. Exclusions
This insurance shall not apply to:
1. "Property damage"of property at premises owned, rented,leased,operated or used by you;
2. "Property damage"of property while in transit;
3. The post of repairing or replacing
(a) Any of your work defectively or incorrectly done by you or by others-on your behalf;or
(b) Any product manufactured,sold or supplied by you, unless the"property damage" is caused
directly by you after delivery of the product or completion of the work and resulting from a
subsequent undertaking;or
4. "Property damage" of property caused by or arising out of the "Products-completed operations
hazard".
C. Limits Of Insurance-The most we will pay for"property damage" under this Section 9.is$25,000for
each "occurrence". The most we will pay for the sum of all damages covered under this Section 9,
because of"property damage"is en annual aggregate limit of$25,000.
The Limits of Insurance provided under this Section 9, are inclusive of and not in addition to any other
limits provided in the policy or endorsements attachedto it.
D. Deductible- We will not pay for "property damage" in any one "occurrence" until the amount of
"property damage" exceeds $260. If the policy to which this endorsement Is attached contains a
"property damage"deductible,that deductible shall apply If it is greater than$250,
E. In the event of"property damage" covered by this endorsement,you shall,if requested by us,replace
the property or furnish the labor and materials necessary for repairs thereto at your actual cost,
excluding profit or overhead charges.
Includes copyrighted material of ISO Properties.,Inc.,with its permission.
CG 84 16 112 03 0 ISO Properties,Inc.,2003 Page 6 of 9
10. NhVVLY FURMED UR ACQUIRED ORGANIZATIONS
A. In Paragraph 4.of Section li-Who is An Insured is deleted and replaced bythe following:
4. Any business entity acquired by you or incorporated or organized by you under the laws of any
individual state of the United States of America over which you maintain majority ownership
interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a
Named Insured if there is no similar insurance available to that entity.However:
a. Coverage under this provision applies only until the expiration of the policy period in
m which the entity was acquired or incorporated or organized by you,
i—M
b. Coverage A does not apply to "bodily injury" or"property damage" that occurred before
the entity was acquired orincorporated or organized by you.
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a lffifflw c. Coverage B does not apply to "personal and advertising injury" arising out of an offense
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RaW committed before the entity was acquired or incorporated or organized by you.
sm d. Records and descriptions of operations must be maintained by thefirst Named Insured.
aINE=
B. This Section 10. does not apply to newly formed or acquired organizations if coverage is
s excluded either by provisions of the.Coverage Part or by other endorsement(s)attached to it.
_ 11. DUTIES IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUiT
A. The requirements In Section IV -Conditions, Paragraph 2.a., that you must see to it that we are
notified of an "occurrence"applies only when the"occurrence" Is known to:
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1. You,if you are an individual;
2. A partner,if you are a partnership;
3. A member or manager,if you are a limited liability company;
4. An executive officer or designee,if you are a corporation;
5. A trustee,If you area trust;or
8. A designees if you are any other type of organization.
B. The requirements in Section IV-Conditions Paragraph 2.b.that you must see to it that we receive
written notice of a claim or"suit" will not be considered breached unless the breach occurs after
such claim or"suit"is known to:
1. You,If you are an individual,
.� 2. A partner,if you area partnership;
3. A member or manager ifyouare a limited liability company;
4. An executive officer or designee,if you are a corporation.
S. A trustee,if you are a truss; or
,. 6. A designee,if you are any other type of organization.
Knowledge of an 'occurrence," claim or "suit" by the agent, servant or "employee" of any Insured
shall not in itself constitute knowledge of the insured unless an officer or designee shall have received
notice from its agent,servant or"employee".
lticludes copyrighted material of ISO Properties.,Inc.,with Its permission.
CG 84 16 12 03 0 ISO Properties,Inc.,2003 Page 7 of 9
12. BODILY INJURY
Paragraph 3.of the definition of"bodily injury"in the Section V-Definitions is replaced by the following:
3. "Bodily Injury" means bodily injury,sickness or disease sustained by a person,Including mental
anguish or death resulting from any of diese at any time.
13. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS
We have the right to recover our payments from anyone liable for an injury covered by this policy.We will
not enforce our right against any person or organization for whom you perform work under a written
contract that requires you to obtain this agreement from us.
i
This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement.
14. MEDICALPAYMENTS
If Coverage C Medical Payments is not otherwise excluded, the Medical Expense Limit provided by this
policy shall be the greater of:
A. $10,000;or
B. The amount shown in the Declarations.
15. BROAD NAMED INSURED
Paragraph 2.a.(1)(d)of Section ll-Who Is An Insured is replaced by the following:
(d) Arising out of his or her providing or failing to provide professional health care services.However,
this exclusion does not apply to nurses, emergency medical technicians or paramedics who are
employed by you to provide medical or paramedical services to your employees.
16. BROADENED MOBILE EQUIPMENT
Paragraph 12.f.(1)of Section V-Definitions is replaced by the following:
(1) Equipment designed primarily for,
(a) Snow removal;
(b) Road maintenance,but not construction or resurfacing; or
(c) Street cleaning provided that vehicles have a Gross Vehicle Weight of 1,000 pounds or great-
er;
0
17. INCIDENTAL MALPRACTICE LIABILITY
Paragraph$.of Section V-Definitions is replaced by the following:
r 3. "Bodily injury" means bodily injury, sickness,disease or "incidental medical malpractice" sus-
tained by a person,Including mental anguish or death resulting from any of these at any time.
The following is added to Section V-Definitions:
23. "incidental medical malpractice" means injury arising out of the negligent rendering or failure to
render medical or paramedical services to persons by any physician, dentist, nurse, emergency
medical technician or paramedic who is employed by you to provide such services provided you
are not engaged in the business or occupation of providing any services referred to in this defini-
tion.
Includes copyrighted material of ISO Properties.,Inc.,with its permission.
CG 84 16 12 03 ISO Properties,Inc.,2003 page 8 of 9
lei. NUN-UWNkDAIHCRAFT
The following is added to Subparagraph g. of 2.. Exclusions of Section 1-Coverage A Bodily Injury And
Property Damage Liability.
(6) an aircraft with a paid crew,that is hired,chartered or loaned but is not owned by any Insured.
19. PROPERTY DAMAGE-ELEVATORS
The following Is added to Subparagraph j. of 2., Exclusions of Section I- Coverage A Bodily Injury And
Property Damage Liability.
Paragraphs(3)and(4)of this exclusion do not apply to the use of elevators.
All other terms and conditions of your policy remain unchanged.
a�
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1—
10
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Includes copyrighted material of ISO Properties.,Inc.,with its permission.
CG 84 16 12 03 o ISO Properties,Inc.,2003 Page 9 of 9
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSTRUCTION PROJECTS
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. There shall be no endorsement or modification of the
Commercial General Liability insurance for liability arising from explosion, collapse
or underground property damage. The City shall be named as an insured under the
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, Commercial General Liability and Builders Risk insurance:
I. 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.
D. Contractor's Insurance For Other Losses
The Contractor shall assume full responsibility for all loss or damage from any cause
whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or
motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or
contractors as well as to any temporary structures, scaffolding and protective fences.
E. Waiver of Subrogation
The Contractor and the City waive all rights against each other any of their
Subcontractors, Sub-subcontractors, agents and employees, each of the other, for
damages caused by fire or other perils to the extend covered by Builders Risk insurance
or other property insurance obtained pursuant to the Insurance Requirements Section of
this Contract or other property insurance applicable to the work. The policies shall
provide such waivers by endorsement or otherwise.
F. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A:VII.
G. 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 Automobile Liability and Commercial General Liability
insurance of the Contractor before commencement of the work. Before any exposure to
loss may occur, the Contractor shall file with the City a copy of the Builders Risk
insurance policy that includes all applicable conditions, exclusions, definitions,terms and
endorsements related to this project.
Exhibit B (Continued)
H. 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.
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