HomeMy WebLinkAboutPK09-063 - Original - ADC WasteWater Engineering - Lake Fenwick Vaulted Toilet Design - 04/28/2009 RR
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KENT Document
WASHINGTON
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 Clerk's Office.
Vendor Name: 4 DC l a 4e k'A`er �UITVLQQ Irr✓I
Vendor Number: L�\2
JD Edwards Number
Contract Number: pbn t.OG3
This Is assigned l7
byII City Clerk's Office I I J /
Project Name: 1—a Kt [76)Jrnf tCt� ' ��� lit e / / 0
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment Contract
❑ Other:
Contract Effective Date: 2 Termination Date: f
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager:T Department: Park 5-
Detail: (i.e. address, location, parcel number, tax id, etc.):
S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
KENT
WASHINGTON
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
ADC WasteWater Engineering
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and ADC WasteWater Engineering organized under the laws of the State
of Washington, located and doing business at 732 Broadway # 202, Tacoma, WA 98402
P: 253-203-1200 F: 253-203-0090 (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:
Consulting and design services for the vaulted toilet being installed at Lake Fenwick
Park, in Kent, Washington as described in the consultant's proposal dated April 22,
2009 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.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Two Thousand Five Hundred Dollars ($2,500.00) 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.
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
CONSULTANT SERVICES AGREEMENT - 1
(Under$10,000)
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. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. 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.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
CONSULTANT SERVICES AGREEMENT - 2
(Under$10,000)
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 indem
nification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
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.
CONSULTANT SERVICES AGREEMENT - 3
(Under$10,000)
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, 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.
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.
CONSULTANT SERVICES AGREEMENT - 4
(Under$10,000)
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: d W�
(signatu )
Print Name: Roc" 1Z Print Name: Jeff Watlin
Its: ??Esl�6.�-- Its: Parks Director
(title)
DATE: o'/� 2--7109 DATE: tk 26 •61
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Rocky Anderson Brian Levenhagen
ADC WasteWater Engineering City of Kent
732 Broadway #202 220 Fourth Avenue South
Tacoma, WA 98402 Kent, WA 98032
253-203-1200 (telephone) (253) 856-5116 (telephone)
253-203-0090 facsimile (253) 856-6050 (facsimile)
Lake Fenwlck—vaulted toilet
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 Z"T day of APIC`� , 2009.
By: -For: RO
Title: PrZ-Gs ►OEar
Date: 01qh-7/0 1
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 , 2009.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
bl'+
1 4A )C
glneering
PROPOSAL
April 22, 2009
Bran Levenhagen
City of Kent
Parks, Recreation&Community Services
220 Forth Avenue South
Kent, WA 98032
T(253)856-5116-C(253)332-9789—F(253)856-6050
Project: Lake Fenwick Park Vault Toilet
Dear Brian:
Please accept for your consideration this proposal to provide consulting and design services for a vault toilet to serve
the above project. ADC proposes to provide the following scope of work
1. Reformat the client's existing site plan and details to conform with Health Department requirements.
2. Assist the client in obtaining documents and contracts required for submittal.
3. Prepare a design application packet in quadruplicate and submit to the King County Health Department
for review,and respond to Health Department RFI's as needed.
4. Provide electronic plans to the client in AutoCAD 2007 format.
Our fee for providing these services will be$2,500, plus Health Department submittal fees. We anticipate the Health
Department fee to be$442
Project billings will be generated as follows:$2,000 upon submittal to the Health Department; and $500 upon Health
Department approval. Invoices will be due 15 days from the date of invoice. Invoices exceeding 30 days past due
will be assessed a late fee equal to 1 5% per month of the cumulative past-due amount.
If project or site conditions do not meet the assumptions below, or it is determined that an expanded scope is
required, additional services will be provided based on ADC's fee schedule in effect at the time services are
performed(see attached Schedule of Rates).
Assumptions.
• The client will provide ADC with a Critical Areas certification or letter, listing any critical areas that
exist within or adjacent to the project area and their associated buffers.
• ADC will be provided with all necessary survey, civil, architectural, and related drawings, in both
PDF and AutoCAD 2007 (or earlier)formats. The drawings will include any critical areas and their
associated buffers.
ADC will prepare 1 revision to the design after client review.
AN aste"ter Engineermg I P M 203 1200
732 B.oadway,Sutte 202 F 253 203 0090
Tacoma Ni4 Vy.02 W adanfo com
April 22, 2009
Brian Levenhagen
Protect. Lake Fenwick Park Vault Toilet
Page 2
I
I
• Health Department review fees will be paid directly by the client. At the client's request, ADC can
pay these fees, and bill for actual total charges plus 15%
• By accepting this proposal, the client certifies that they are either the owner of or have permission
for ADC to access the subject site,and accept all liability as such.
• If ADC's services are required, an amendment to this scope of work will accommodate services
during construction to oversee permit issuance, construction progress, and preparation of
construction records and documentation as required by the Health Department.
Thank you for choosing ADC. We appreciate the opportunity to offer this proposal. To be placed on our project
schedule, please sign and date below and return one original to our address listed above. This proposal will become
void unless signed and received by our office within 30 days.
Respectfully,
Rocky R Anderson
Licensed OSWTDS Designer
President
Accepted;
Brian Levenhagen Date
Assistant Park Planner
I
III
I
ALt a.le"Z Engmx ng P 253 20J 1200
73?B,oad,'Y Sme?02 F 253 20 Dn90
Tacoma WA 2a0? W adonfo n,i
mADDstewater gmeenng
SCHEDULE OF RATES
Effective January 1, 2009
Hourly Rates
Principal-Consultant.................$190
Project Engineer......................$160
Engineering/CADD Tech...........$125
Administrative.........................$65
Chargeable In-House Services
Full-Size Plots . ......$5
Half-Size Plots ............$2
Mileage......................$0.505
Chargeable Outsourced Services
All outsourced services, such as copies, printing, subconsultants, etc.,will be billed at actual cost plus
15%
Note: Hourly rates are based on ADC, Inc's current fee schedule. Invoices will be based on the fee
schedule in effect at the time of billings.
ADC n,fe er�ngmzenng P 253 203 1200
;3L E��adxn, Sortc 201 P 253 E03 G09u
idwma 4A-8402 W adCAO rom
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
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.
2. Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, independent contractors,
products-completed operations, personal injury and
advertising injury, and liability assumed under an insured
contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement
ISO form CG 25 03 11 85. The City shall be named as an
insured under the 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.
3. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the
Consultant's profession.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
EXHIBIT B (Continued )
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.
3. Professional Liability insurance shall be written with limits no
less than $1,000,000 per claim and $1,000,000 policy
aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect
the City. Any Insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and
shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the contractor and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Contractor's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
EXHIBIT B (Continued )
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
_ CERTIFICATE OF LIABILITY INSURANCE OP ID MB DATE iMM DD1YYYY)
ACORD ANGER-7 04 27/09
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Thomas & Assoc Ins Broker, Inc HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
P O Box 457 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Stanwood WA 98292
Phone: 3 60-629-2103 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER CNA Insurance Company 20494C
INSURER B victor 0. schinnerer i Ce.
Anderson Design Consultants INSURERC
Rock Anderson, President
732 Rocky
d 98402 Broadway,
Suite 202 INSURERD•
TacINSURER£
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 BYTHE POLICIES DESCRIBED HEREIN ISSUBJECTTO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
LTR INSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD DATE MW DIMN
LETS
GENERAL LIABILITY EACH OCCURRENCE $1000000
A X COMMERCIAL GENERAL LIABILITY B 2090673310 06/18/08 06/18/09 PREMISES(Ea o=rmm) $300000
CLAIMS MADE FE OCCUR MED EXP(Any one Person) $10000
PERSONAL B ADV INJURY $1000000
GENERAL AGGREGATE s 2000000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG S 2000000
X7 POLICY JE' F7 LOC
AUTOMOBILE LIABILITY
A X ANY AUTO 2090680581 06/18/08 06/18/09 COMBINED(Ea accident) GlELIMB 51000000
ALL OWNED AUTOS
BODILY INJURY 5
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY
NON-OWNEDAUTOS (Peracadent) S
PROPERTY DAMAGE S
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S
ANYAUTO OTHER THAN EA ACC S
AUTO ONLY: AGG $
EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S
OCCUR CLAIMS MADE AGGREGATE S
S
DEDUCTIBLE 5
RETENTION S S
WORKERS COMPENSATION AND TORY LIMITS I I ER
EMPLOYERS'LIABILITY
ANY PROPRIETORIPARTNEWEXECUTIVE EL EACH ACCIDENT 5
OFFICEFUMEMBER EXCLUDED? E L DISEASE-EA EMPLOYE S
If yes,describe under
SPECIAL PROVISIONS below E L DISEASE-POLICY LIMIT S
OTHER
B Professional E&O AER254066519 06/20/08 06/20/09 Liability 1000000
Ded 5000
DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
The City of Rent is additional insured with regard to operations of
insured per written contract. Insurance is primary, waiver of rights of
subrogation appla.es
Re: Lake Fenwick
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
The City of Kent NOTICE TOTHE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO OD SO SHALL
Parks & Open Space IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
220 4th Avenue South
Kent WA 98032-5895 REPRESENTATIVES.
AUTHORIZED REPRESS ATIVE
Jim Jonson �q.
ACORD 25(2001108) UI m ACORD CORPORATION 1988
SB146932B 0306 Page 1 of 3
CM! A
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NON-CONTRACTORS BLANKET ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
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
WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to
below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance,
but only with respect to "bodily injury" or "property damage" arising out of "your products" which are
distributed or sold in the regular course of the vendor's business, subject to the following additional
exclusions:
1. The insurance afforded the vendor does not apply to:
a. "Bodily injury" or"property damage"for which the vendor is obligated to pay damages by reason
of the assumption of liability in a contract or agreement. This exclusion does not apply to liability
for damages that the vendor would have in the absence of the contract or agreement;
b. Any express warranty unauthorized by you;
c. Any physical or chemical change in the product made intentionally by the vendor;
d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing,
or the substitution of parts under instructions from the manufacturer, and then repackaged in the
original container;
e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to
make or normally undertakes to make in the usual course of business, in connection with the
distribution or sale of the products;
f. Demonstration, installation, servicing or repair operations, except such operations performed at
the vendor's premises in connection with the sale of the product;
g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a
container, part or ingredient of any other thing or substance by or for the vendor, or
h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own
acts or omission or those of its employees or anyone else acting on its behalf However, this
exclusion does not apply to
(1) The exceptions contained in Subparagraphs d. orf.;or
(2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or
normally undertakes to make in the usual course of business, in connection with the
distribution or sale of the products.
2. This insurance does not apply to any insured person or organization, from whom you have acquired
such products, or any ingredient, part or container, entering into, accompanying or containing such
products.
3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by
us and made a part of this Coverage Part.
4. This provision 2. does not apply if"bodily injury" or"property damage" included within the"products-
completed operations hazard" is excluded either by the provisions of the Coverage Part or by
endorsement
2. MISCELLANEOUS ADDITIONAL INSUREDS
WHO IS AN INSURED is amended to include as an insured any person or organization (called additional
insured) described in paragraphs 3.a. through 3.h. below whom you are required to add as an additional
SB146932B 0306 Page 2 of 3
insured on this policy under a written contract or agreement but the written contract or agreement must be:
1. Currently in effector becoming effective during the term of this policy;and
2. Executed prior to the"bodily injury,""property damage"or"personal and advertising injury,"but
Only the following persons or organizations are additional insureds under this endorsement and coverage
provided to such additional insureds is limited as provided herein:
a. Additional Insured—Your Work
That person or organization for whom you do work is an additional insured solely for liability due
to your negligence specifically resulting from your work for the additional insured which is the
subject of the written contract or written agreement No coverage applies to liability resulting from
the sole negligence of the additional insured.
The insurance provided to the additional insured is limited as follows.
(1) The Limits of Insurance applicable to the additional insured are those specified in the written
contract or written agreement or in the Declarations of this policy, whichever is less. These
Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in
the Declarations.
(2) The coverage provided to the additional insured by this endorsement and paragraph F.9. of
the definition of"insured contract" under Liability and Medical Expenses Definitions do not
apply to "bodily injury" or "property damage" arising out of the "products-completed
operations hazard" unless required by the written contract or written agreement.
(3) The insurance provided to the additional insured does not apply to "bodily injury," "property
damage," or"personal and advertising injury" arising out of the rendering or failure to render
any professional services.
b. State or Political Subdivisions
A state or political subdivision subject to the following provisions:
(1) This insurance applies only with respect to the following hazards for which the state or
political subdivision has issued a permit in connection with premises you own, rent, or control
and to which this insurance applies:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising
signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees,
hoistaway openings, sidewalk vaults, street banners, or decorations and similar
exposures; or
(b) The construction,erection, or removal of elevators; or
(2) This insurance applies only with respect to operations performed by you or on your behalf for
which the state or political subdivision has issued a permit.
This insurance does not apply to "bodily injury," "property damage" or"personal and advertising
injury"arising out of operations performed for the state or municipality.
c. Controlling Interest
Any persons or organizations with a controlling interest In you but only with respect to their liability
arising out of
(1) Their financial control of you;or
(2) Premises they own, maintain or control while you lease or Occupy these premises.
This insurance does not apply to structural alterations, new construction and demolition
operations performed by or for such additional insured.
d. Managers or Lessors of Premises
A manager or lessor of premises but only with respect to liability arising out of the ownership,
maintenance or use of that specific part of the premises leased to you and subject to the following
additional exclusions-
This insurance does not apply to:
(1) Any"occurrence"which takes place after you cease to be a tenant in that premises;or
(2) Structural alterations, new construction or demolition operations performed by or on behalf of
such additional insured.
e. Mortgagee,Assignee or Receiver
A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee,
• SB 146932B 0306 Page 3 of 3
or receiver and arising out of the ownership,maintenance, or use of a premises by you.
This insurance does not apply to structural alterations, new construction or demolition operations
performed by or for such additional insured
f. Owners/Other Interests—Land is Leased
An owner or other interest from whom land has been leased by you but only with respect to
liability arising out of the ownership, maintenance or use of that specific part of the land leased to
you and subject to the following additional exclusions-
This insurance does not apply to.
(1) Any"occurrence"which takes place after you cease to lease that land;or
(2) Structural alterations, new construction or demolition operations performed by or on behalf of
such additional insured.
g. Co-owner of Insured Premises
A co-owner of a premises co-owned by you and covered under this insurance but only with
respect to the co-owners liability as co-owner of such premises.
h. Lessor of Equipment
Any person or organization from whom you lease equipment. Such person or organization are
insureds only with respect to their liability arising out of the maintenance, operation or use by you
of equipment leased to you by such person or organization A person's or organization's status as
an insured under this endorsement ends when their written contract or agreement with you for
such leased equipment ends.
With respect to the insurance afforded these additional insureds, the following additional
exclusions apply
This insurance does not apply:
(1) To any"occurrence"which takes place after the equipment lease expires; or
(2) To "bodily injury," "property damage" or "personal and advertising injury" arising out of the
sole negligence of such additional insured
Any insurance provided to an additional insured designated under paragraphs a. through h. above does
not apply to "bodily injury" or "property damage" included within the "products-completed operations
hazard."
3. The following is added to Paragraph H.of the BUSINESSOWNERS COMMON POLICY CONDITIONS:
H. Other Insurance
4. This insurance is excess over any other insurance naming the additional insured as an insured whether
primary, excess, contingent or on any other basis unless a written contract or written agreement
specifically requires that this insurance be either primary or primary and noncontributing.