HomeMy WebLinkAboutPK08-316 - Original - SB & A Associates - Earthworks Park Irrigation Project - 8/7/08 I �
Records Mlalgem
KENO �..W A S N I N G T O 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.
Vendor Name: Vendor Number: -I C) 6 Z
JD Edwards Number
Contract Number.
FKo$ -3 � �
This is assigned by Clerk's Office
Description: Y- e -���
Detail:
Project Name: YOL I(
Contract Effective Date: 0 I S Termination Date: 0
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Department: PAS 1 I
•
Abstract:
S:Public\RecordsManagement\Forms\ContractCover\ADCL7832 07/02
•
KENT
W A S H I N G T O N
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
SB & Associates, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and SB & A organized under the laws of the State of Washington,
located and doing business at 1148 NW Leary Way; Seattle, WA 98107; P: 206-789-2133,
F: 206-789-2186 (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:
E wPYAc-i
Review survey base drawing; Attend two meetings with My staff and contractor
prior to design work; Develop irrigation base drawing; Develop 90% irrigation plan
and details; Develop 90% irrigation specifications; Deliver plans and specifications
to City; Attend one review meeting with City staff; Incorporate review comments
into plans and specifications; Develop final construction document set of plans and
specifications; Conduct up to three site observation visits at Earthworks Park in
Kent, Washington as described in the consultant's proposal dated July 30, 2008
attached and incorporated as Exhibit A.
Consultant 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 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
within 30 days of contract execution.
III. COMPENSATION.
A. The City shall pay the C�oesultint based on time and materials, an amount not to
exceed Five Thousandn6o�lars 1$5,500.00) for the services described in this
Agreement. This is the maximum amount to be paid under this Agreement for the
work described in Section I above, and shall not be exceeded without the prior
written authorization of the City in the form of a negotiated and executed
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.
CONSULTANT SERVICES AGREEMENT - 1
(Under$10,000)
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will 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. DISC RI MINAT,1QN,. Ih the�hirtin� o* emplQye�s•for thp,performance of work under
this Agreement or any subcontract, the ( onsLUanf, its subcorltracto'rs,`orV 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.
CONSULTANT SERVICES AGREEMENT - 2
(Under$10,000)
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
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.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect. '
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive mgaps pf r+esolving 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 VII of this Agreement.
CONSULTANT SERVICES AGREEMENT - 3
(Under$10,000)
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 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 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.
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.
CONSULTANT: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: I"1%ch4tA_ I._�*M Pri Na e: Jeff Watling
Its: j-9i NC4^-t_ Its: Parks Director
(title)
DATE: 7/7i /0!� 8 DATE: 901018
CONSULTANT SERVICES AGREEMENT - 4
(Under$10,000)
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Mike Lamb Lori Flemm
SB & Associates City of Kent
1148 NW Leary Way 220 Fourth Avenue South
Seattle, WA 98107 Kent, WA 98032
206-789-2133 (telephone) (253) 856-5110 (telephone)
206-789-2186 facsimile (253) 856-6050 (facsimile)
Earthworks Irngation-58&A
CONSULTANT SERVICES AGREEMENT - 5
(Under$10,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, -or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this 31 day of 2008.
By:
For: 5 & / Sac.,a-T'-S
Title:
Date:
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 , 2008.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
M . .
LANDSCAPE
ARCHITECTS
SB & ASSOCIATES, INC.
1148 NW LEARY WAY
SEATTLE, WA 98107
(206)789.2133 Fox(206)789-2186
July 30,2008
Lori Flemm, Superintendent
City of Kent
220—4t'Avenue South
Kent, Washington 98032-5895
Re: Kent Earthwork Park
Irrigation Design Services
Scope and Fee Proposal
Dear Lori,
Thank you for selecting SB and Associates(SB&A)to work with you on the Kent Earthwork Park
Irrigation Project. We appreciate the opportunity to work with you and the staff at the City. Based on our
meeting in the field and the survey base you provided, I have prepared the following scope of services
and fee proposal for the irrigation design for this project.
Basis of Scope Assumptions:
1. The park irrigation system affected by the current construction project will be redesigned starting
from the existing irrigation mainline located on the east side of the redeveloped dyke.
2. City to provide electronic AutoCAD 2006 copy of site survey for use as base drawing.
3. The City will provide a written list of the type of Equipment to be used on this project.
4. The existing water pressure is sufficient to operate the large lawn rotors with a minimum of 60
PSI at the last head. No irrigation booster pump will be required. Per City staff comments,the
existing working pressure is approximately 80 psi.
5. The irrigation heads can spray across the path in most locations
6. The existing irrigation clock is located in the existing restroom chase and is to remain.AToro
Sentinel clock will be installed at a later date by the Parks Department.
7. The steep slopes will be irrigated on separate zones from the flatter areas.
8. The contractor will be responsible to locate or install a sleeve into the Chase room for the
irrigation wires.
Design Tasks:
1. Review survey base drawing provided by the City.
2. Attend two coordination meeting with City Staff and Contractor prior to the start of design work.
Peter Lau
September 26,2001
Page 2 of 2
3. Develop irrigation base drawing utilizing the finalized AutoCAD drawing base provided by the
City.
4. Develop 90%irrigation plan and details. This proposal assumes adequate water pressure at the
site. If design of a booster pump system is required it will be considered additional services.
5. Develop 90%irrigation specifications.
6. Deliver plans and specifications to City.
7. Attend one review meeting with City staff.
8. Incorporate review comments into plans and specifications
9. Develop Final Construction Document set of Plans and Specifications.
10. Conduct up to 3 Site Observation visits during construction to observe pressure and coverage test
and to facilitate design modifications in the field.
Fees: Work shall be completed on a"time and materials,not to exceed"basis of$5,500.00
1 am available at your convenience to meet and review the specific items included,and on behalf of
SB&A team,I look forward to a successful completion of this project.
Sincerely,
i
I
i
Michael R.Lamb,Principal
SB and Associates,Inc.
i
i
i
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may 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.
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 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.
2. 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.
C. Other Insurance Provisions
L 7
EXHIBIT B (Continued)
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.
.-I 6;+ . B
�
ACORD CERTIFICATE OF LIABILITY INSURANCE CSR SP DATE(MM/DD/YYYY)
SB&AS-1 07 31 08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Sprague Israel Giles HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
1501 Fourth Avenue, Suite 2000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Seattle WA 98101-1637
Phone: 206-623-7035 Fax:206-682-4993 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A National Fire Insurance Co.
INSURER B-
SB & Associates INSURERC•
1148 NW Leary Way INSURER D•
Seattle WA 9B107
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
LTR NSR TYPE OF INSURANCE POLICY NUMBER D ION
ATE(MMIODCY n E DATE MM/DDn LIMITS
GENERAL LIA BILITY EACH OCCURRENCE $1,000,000
A X X COMMERCIAL GENERAL LIABILITY 2084731811 04/12/08 04/12/09 PREMISES Eaoocur Zen ce $300,OOO
CLAIMS MADE X❑OCCUR MED EXP(Any one person) $10,000
PERSONAL&ADV INJURY $1,000,000
GENERAL AGGREGATE s2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OPAGG s2,000,000
POLICY X JEC LOC STOP GAP $1,OOO 000
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $$1,QOO,OOO
ANY AUTO (Ea accident)
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per person)
X HIRED ALTOS BODILY INJURY
A X NON-OWNED AUTOS 2084731811 04/12/08 04/12/09 (Per accident) $
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
Ulm-
WORKERS COMPENSATION AND TORT LIMITS ER
EMPLOYERS'LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E L.EACH ACCIDENT $
OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $
H yes,descnbe under
SPECIAL PROVISIONS below E L DISEASE-POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
City of Kent is additional insured with respects liability arising out of
operations by or on behalf of the Named Insured
Re: Earthworks Park
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
City of Kent Parks, Recreation NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
& Community Services IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
Attn: Tony Donati REPRESENTATIVES.
220 4th Avenue South
Kent WA 98032-5895 AUTOO EPRES TATIv
ACORD 25(2001/08) If0 ACORD CORPORATION 1988
SB-146932-B
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NON-CONTRACTORS BLANKET ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
I
BUSINESSOWNERS LIABILITY COVERAGE FORM
Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered
as an additional insured on any other endorsement now or hereafter attached to this Coverage Part.
1. ADDITIONAL INSURED—BLANKET VENDORS ingredient of any other thing or
substance by or for the vendor;or
WHO IS AN INSURED is amended to include as an
additional insured any person or organization h. "Bodily injury' or "property damage"
(referred to below as vendor) with whom you arising out of the sole negligence of the
agreed, because of a written contract or agreement vendor for its own acts or omission or
to provide insurance, but only with respect to "bodily those of its employees or anyone else
injury" or "property damage" arising out of "your acting on its behalf. However, this
products"which are distributed or sold in the regular exclusion does not apply to:
course of the vendor's business, subject to the (1) The exceptions contained in
following additional exclusions: Subparagraphs d.or f.;or
1. The insurance afforded the vendor does not (2) Such inspections, adjustments,
apply to: tests or servicing as the vendor has
a. "Bodily injury" or "property damage" for agreed to make or normally
which the vendor is obligated to pay undertakes to make in the usual
damages by reason of the assumption course of business, in connection
of liability in a contract or agreement. with the distribution or sale of the
This exclusion does not apply to liability products.
for damages that the vendor would 2. This insurance does not apply to any
have in the absence of the contract or insured person or organization, from whom
agreement; you have acquired such products, or any
b. Any express warranty unauthorized by ingredient, part or container, entering into,
you; accompanying or containing such products.
c. Any physical or chemical change in the 3. This provision 2. does not apply to any
product made intentionally by the vendor included as an insured by an
vendor; endorsement issued by us and made a part
d. Repackaging, except when unpacked of this Coverage Part.
solely for the purpose of inspection, 4. This provision 2. does not apply if "bodily
demonstration, testing, or the injury" or "property damage" included within
substitution of parts under instructions the "products-completed operations hazard"
from the manufacturer, and then is excluded either by the provisions of the
repackaged in the original container; Coverage Part or by endorsement.
e. Any failure to make such inspections, 2. MISCELLANEOUS ADDITIONAL INSUREDS
adjustments, tests or servicing as the WHO IS AN INSURED is amended to include as an
vendor has agreed to make or normally insured any person or organization (called additional
undertakes to make in the usual course insured) described in paragraphs 3.a. through 3.h.
of business, in connection with the below whom you are required to add as an
distribution or sale of the products; additional insured on this policy under a written
f. Demonstration, installation, servicing or contract or agreement but the written contract or
repair operations, except such agreement must be:
operations performed at the vendor's 1. Currently in effect or becoming effective
premises in connection with the sale of during the term of this policy;and
the product;
Products which, after distribution or sale 2. Executed prior to the "bodily injury,"
9• property damage or personal and
by you, have been labeled or relabeled advertising injury,"but
or used as a container, part or
SB-146932-B Page 1 of 3
(Ed. 03/06) (Version 1.0)
r.
SB-146932-B
(Ed.03/06)
Only the following persons or organizations are (a) The existence, maintenance,
additional insureds under this endorsement and repair, construction, erection, or
coverage provided to such additional insureds is removal of advertising signs,
limited as provided herein: awnings, canopies, cellar
a. Additional Insured—Your Work entrances, coal holes,
driveways, manholes,
That person or organization for whom marquees, hoistaway openings,
you do work is an additional insured sidewalk vaults, street banners,
solely for liability due to your negligence or decorations and similar
specifically resulting from your work for exposures;or
the additional insured which is the (b) The construction, erection, or
subject of the written contract or written removal of elevators;or
agreement. No coverage applies to
liability resulting from the sole (2) This insurance applies only with
negligence of the additional insured. respect to operations performed by
The insurance provided to the additional you or on your behalf for which the
insured is limited as follows: state or political subdivision has
issued a permit.
(1) The Limits of Insurance applicable This insurance does not apply to"bodily
to the additional insured are those injury," "property damage" or "personal
specified in the written contract or and advertising injury" arising out of
written agreement or in the operations performed for the state or
Declarations of this policy, municipality.
whichever is less. These Limits of
Insurance are inclusive of, and not c. Controlling Interest
in addition to, the Limits of Any persons or organizations with a
Insurance shown in the
Declarations. controlling interest in you but only with
respect to their liability arising out of:
(2) The coverage provided to the
additional insured by this (1) Their financial control of you;or
endorsement and paragraph F.9. of (2) Premises they own, maintain or
the definition of "insured contract" control while you lease or occupy
under Liability and Medical these premises.
Expenses Definitions do not apply
to "bodily injury" or "property This insurance does not apply to
damage" arising out of the structural alterations, new construction
"products-completed operations and demolition operations performed by
hazard" unless required by the or for such additional insured.
written contract or written d. Managers or Lessors of Premises
agreement.
A manager or lessor of premises but
(3) The insurance provided to the only with respect to liability arising out of
additional insured does not apply to the ownership, maintenance or use of
"bodily injury," "property damage," that specific part of the premises leased
or personal and advertising injury' to you and subject to the following
arising out of the rendering or additional exclusions:
failure to render any professional
services. This insurance does not apply to:
b. State or Political Subdivisions (1) Any"occurrence"which takes place
after you cease to be a tenant in
A state or political subdivision subject to that premises;or
the following provisions:
(2) Structural alterations, new
(1) This insurance applies only with construction or demolition
respect to the following hazards for operations performed by or on
which the state or political behalf of such additional insured.
subdivision has issued a permit in
connection with premises you own, e. Mortgagee,Assignee or Receiver
rent, or control and to which this A mortgagee, assignee or receiver but
insurance applies: only with respect to their liability as
SB-146932-B Page 2 of 3
(Ed. 03/06)
SB-146932-B
(Ed. 03/06)
i
mortgagee, assignee, or receiver and maintenance, operation or use by you
arising out of the ownership, of equipment leased to you by such
maintenance, or use of a premises by person or organization. A person's or
you. organization's status as an insured
This insurance does not apply to under this endorsement ends when
structural alterations, new construction their written contract or agreement with
or demolition operations performed by you for such leased equipment ends.
or for such additional insured. With respect to the insurance afforded
f. Owners/Other Interests — Land is these additional insureds, the following
Leased additional exclusions apply:
An owner or other interest from whom
This insurance does not apply:
land has been leased by you but only (1) To any "occurrence" which takes
with respect to liability arising out of the place after the equipment lease
ownership, maintenance or use of that expires;or
specific part of the land leased to you
and subject to the following additional (2) To "bodily injure "property
exclusions: damage" or "personal and
advertising injury arising out of the
This insurance does not apply to: sole negligence of such additional
(1) Any"occurrence"which takes place insured.
after you cease to lease that land; Any insurance provided to an additional insured
or designated under paragraphs a. through h.
above does not apply to "bodily injury" or
(2) Structural alterations, new "property damage" included within the
construction or demolition "products-completed operations hazard."
operations performed by or on
behalf of such additional insured. 3. The following is added to Paragraph H. of the
g. Co-owner of Insured Premises BUSINESSOWNERS COMMON POLICY
CONDITIONS:
A co-owner of a premises co-owned by
you and covered under this insurance H. Other Insurance
but only with respect to the co-owners 4. This insurance is excess over any other j
liability as co-owner of such premises. insurance naming the additional insured as an
h. Lessor of Equipment insured whether primary, excess, contingent
or on any other basis unless a written contract
Any person or organization from whom or written agreement specifically requires that
you lease equipment. Such person or this insurance be either primary or primary
organization are insureds only with and noncontributing.
respect to their liability arising out of the
I
I
I
I
i
SB-146932-B Page 3 of 3
(Ed. 03/06)