HomeMy WebLinkAboutPW11-113 - Original - DBE Electric - Traffic Lamps at 64th & S 212th - 12/15/10 405on'w-> Records Mana" gement
\1147KEN DocumentWASHINGTON
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: 0p"r-- 6�
Vendor Number: 3C4 7 C/ z
JD Edwards Number
Contract Number: �'�
This is assigned by City Clerk's Office
Project Name:
"a 12- i
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
❑ Other:
Contract Effective Date: `a-1 �� Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager�� Department:
Detail: (i.e. address, location, parcel number, tax id, etc.):
S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
K E N T
WA5HINGTON
PUBLIC WORKS AGREEMENT
between City of Kent and
DBE Electric Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and DBE Electric Inc. organized under the laws of the State
of Washington, located and doing business at P. O. Box 8169, Covington, WA 98042, phone:
(253) 887-8089 (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
n r s following described Ian an plans d/ specifications:
p
At the intersection of 64th Avenue South and South 212th Street, install ten
replacement traffic loops at designated locations on 64th Avenue South. Contractor
will use the same materials for the loop wire and sealant as used on 4th Avenue
South & Willis Street.
Please see the Contractors proposal which is labeled Exhibit A - Scope of Work and
incorporated into this agreement.Insert detailed description of services contractor is
providing. Be as detailed as possible. You may attach an exhibit so long as the
exhibit is clearly referenced and identified by title and date].
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 Agre
ement. Upon the effective
date of this Agreement, Contractor shall complete the work described in Section I within thirty
(30) days of the effective date of this agreement .
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed
six thousand five hundred sixty dollars ($6,560), including 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.
PUBLIC WORKS AGREEMENT - 1
(Under$10K and No Performance Bond)
A. No Payment and Performance Bond. Because this contract, including
applicable sales tax, is less than $25,000, and pursuant to Chapter 39.08
RCW, the Contractor, in lieu of providing the City a payment and
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, the State Department of Labor &
Industries, and the State Employment Security Department, 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. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. 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.
B. The Contractor maintains and pays for its own place of business from which
Contractor's services under this Agreement will be performed.
C. The Contractor has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Contractor's services and is a service other than that
furnished by the City, or the Contractor is engaged in an independently
established trade, occupation, profession, or business of the same nature as
that involved under this Agreement.
PUBLIC WORKS AGREEMENT - 2
(Under$10K and No Performance Bond)
D. The Contractor 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 Contractor has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Contractor's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW
or an electrical contractor license pursuant to Ch. 19.28 RCW.
G. The Contractor maintains a set of books dedicated to the expenses and
earnings of its business.
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.
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
PUBLIC WORKS AGREEMENT - 3
(Under$1OK and No Performance Bond)
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.
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.
PUBLIC WORKS AGREEMENT - 4
(Under$1OK and No Performance Bond)
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
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
PUBLIC WORKS AGREEMENT - 5
(Under$IOK and No Performance Bond)
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.
In the event Contractor refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Contractor's part, then Contractor shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Contractor's part.
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.
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.
PUBLIC WORKS AGREEMENT - 6
(Under$1OK and No Performance Bond)
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
to Contractor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
PUBLIC WORKS AGREEMENT - 7
(Under$10K and No Performance Bond)
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONT CTOR: CITY OF KENT:
By: By: N
(signature) (signature)
Print ame: MARY T. GUTHMILLER Print Name: D nald C. Millett
Its PRESIDENT Its: Public Works Operations Manager
(title)
DATE: 12/8/2010 DATE:_
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Chrysta Coy Michelle Faltaous
Project manager/Chief Estimator Pavement Management Analyst
DBE Electric Inc. City of Kent
P. O. Box 9169 220 Fourth Avenue South
Covington, WA 98042 Kent, WA 98032
(253) 887-8089 (telephone) (253) 856-5600 (telephone)
(253) 804-6066 (facsimile) (253) 856-6600 (facsimile)
P Operations\PWOpsContracts\Street\DBEElectncL opReplacementll-10
PUBLIC WORKS AGREEMENT - 8
(Under$IOK and No Performance Bond)
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 t s 8TH day of DECEMBER , 2010
By: MARY T. GUTHMILLER
For: BE ELECTRIC, INC.
Title: PRESIDENT
Date: 12/8/2010
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
m
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
DBE Electric Inc. Exhibit A Scope of Work
P.O. BOX 9169
COVINGTON, WA 98042
Phone ( 253 ) 887-8089
Fax ( 253 } 804-6066
DBE Certification No. D2F1021272-Electrical Contractor License No.DBEELE1912PM
City of Kent -64th Ave S. @ S. 212th St. - Loop Replacement
City of Kent Engineering Department
Attn: John Rostad - Bids Due 11-12-2010
BI Description Qty Unit Unit Price Extension
Loop Replacement 10 EA $665.00 $6,560 00
Proposal Total $6,560 00
We have included traffic control.
We anticipate taking two days to complete this work.
Please call us should you have any questions.
Sincerely,
DBE Electric, Inc
Chrysta Coy
EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
Insurance against claims for Injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain Insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liability coverage.
Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, Independent contractors,
products-completed operations, personal injury and
advertising injury, and liability assumed under an Insured
contract. The Commercial General Liability Insurance shall be
endorsed to provide the Aggregate Per Project Endorsement
ISO form CG 25 03 it 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.
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.
P.Operations\PWOpsContracts\Street\ExhibitBInsuranceRegtsDBEElectriclOLoopsReplacement11-10
EXHIBIT B (Continued)
C. Other Insurance Provisions
The Insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor's Insurance coverage shall be primary insurance as respect
the City. Any Insurance, self-Insurance, or Insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and
shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the contractor and a copy of the endorsement naming the City as
additional Insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Contractor's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
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ac,No 360 754 7537
Olympia Commercial Insurance s k ro etinsurance.com1 @P PP O. Box 2007
Olympia,WA 98507 ID# INSURERS)AFFORDING COVERAGE NAIC#
INSURED Continental Western Insurance
DBE Electric Inc
INSURER B
PO Box 9169 INSURER C
Covington,WA 98042
INSURER 0
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER' REVISION NUMBER
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
S TYPE OF INSURANCE %DDL B POLICY EFF POLICY EXP LIMITS
LTR NSR D POLICY NUMBER MMIDWYYYY MM/DDIYYYY
A GENERAL LIABILITY X x CWP2848856 10/12/2010 10/12120111 EACH OCCURRENCE _ $1,000,000
DAMX COMMERCIAL GENERAL LIABILITY PREMISES
(Ea ocTE� -
PREMISES Koccurrence $100,000
CLAIMS-MADE �OCCUR MED EXP(Any one person) $5,000
PERSONAL BADV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
GENT AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $2,000,000
POLICY FX PE OT LOC $
A AUTOMOBILE LIABILITY CWP2848856 10/1212010 10112/2011 COMBINED SINGLELIMIT
XI ANY AUTO (Ea acc,deD1Q $1,000,000
BODILY INJURY(Per person) $
ALL OWNED AUTOS -
BODILYINJURY(Peraccident) $
SCHEDULED AUTOS
PROPERTY DAMAGE $
X HIRED AUTOS (Per accident)
X NON-OWNED AUTOS $
$
A UMBRELLA LIAR X OCCUR CU284885720 0/1212010 10/12/2011 EACH OCCURRENCE $2,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE 52,000,000
DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION CWP2848856 0/12/2010 10/12/2011 WC STATU- OTH-
AND EMPLOYERS'LIABILITY Y LIM191T E
A ANY PROPFJETOR,PARTNERIEXECUTIVEYIN WA STOP GAP EL EACH ACCIDENT $1,000,000
OFFICEWMEMBER EXCLUDED? � NIA
(Mandatory in NH) EL DISEASE-EA EMPLOYEE $1,000 O;0;
If yes describe under
DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required)
Loops at 64th Ave S$S 212th Street Kent
CERTIFICATE HOLDER CANCELLATION 10 Days for Non-Payment
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
City Of Kent ACCORDANCE WITH THE POLICY PROVISIONS
220 4th Ave S
Kent,WA 98032 AUTHORIZED REPRESENTATIVE O
01988-2009 ACORD CORPORATION All rights reserved
ACORD 25(2009109) 1 of 1 The ACORD name and logo are registered marks of ACORD
#S561870IM552526 SJK00
f
Why We Are Using the Latest ACORD 25 Certificate of Insurance
In September 2009, ACORD revised the ACORD 25 Certificate of Insurance form. One of the major
changes was the removal of the cancellation notice provision. For the following reasons, we are
unable to issue an older edition of this form, modify the current form, or complete a proprietary form
you provide
• Notice of cancellation is a policy right, not an unregulated service. No insurer shown on this
certificate is able to provide the cancellation notice you desire by endorsement. For example, the
insured can cancel immediately, so it would be impossible for the insurer to give you the notice you
request. State law also grants the insurer the right to cancel for reasons such as nonpayment with
less notice than you require.
• For the reason just cited, if our agency was to issue a certificate that provides the cancellation
notice you request, we would do so with the full knowledge that it would be impossible to actually
give that amount of notice under certain circumstances. As such, the certificate could be alleged to
constitute a misrepresentation or fraud which could subject our agency and staff to serious civil
and criminal penalties.
• If a certificate purports to provide a policy right different from that provided by the policy itself, then
the certificate effectively purports to be a policy form. Policy forms must be filed and approved by
our state department of insurance. Use of nonfiled policy forms is illegal and could result in legal
sanctions distinct from the assertion that the certificate is fraudulent.
• Under the ACORD Corporation's licensing agreement, the prior editions of superseded forms can
be used for one year from the time the new forms are introduced. Beginning in September 2010,
this is another reason we cannot use an older edition of the ACORD 25. Doing so would violate
ACORD's licensing agreement and, as a copyrighted document,federal copyright law.
• Likewise, we are unable to modify the new certificate to add a notice of cancellation ACORD forms
are designed to be completed, not altered ACORD's Forms Instruction Guide says that a
certificate should not be used "To waive rights...To quote wording from a contract. Jo quote any
wording which amends a policy unless the policy itself has been amended " In addition, our
insurance company contracts only allow us to issue unaltered ACORD forms.
• We are often asked to issue proprietary certificates provided by the certificate requestor. Again, our
insurance company contracts only allow us to issue unaltered ACORD forms. Many proprietary
certificates include broad, vague or ambiguous language that may or may not be incompliance with
state laws, regulations, and insurance department directives. Therefore, we cannot issue any
proprietary certificates.
We appreciate your understanding of the legal restrictions on our ability to fully comply with your
request
DBE Electric Inc
CW P2848856
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS' COMMERCIAL GENERAL LIABILITY
ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. MEDICAL PAYMENTS (b) That is Fire, Lightning, Explosion or
If SECTION I—COVERAGE C MEDICAL PAY- Sprinkler Leakage insurance for prem-
isesMENTS is not otherwise excluded from this rented to you or temporarily
Coverage Part. pied by you with the permission off the
the
owner;
1. The Medical Expense Limit provided by this 4. Paragraph 9.a. of SECTION V — DEFINI-
policy, subject to the terms of SECTION III - TIONS is deleted and replaced by the follow-
LIMITS OF INSURANCE, shall be the prig
greater of
a. $10,000;or a. A contract for a lease of premises.
However, that portion of the contract for
b. The Medical Expense Limit shown in the a lease of premises that Indemnifies any
Declarations of this Coverage Part. person or organization for damage by
B. FIRE, LIGHTNING, EXPLOSION, SMOKE AND fire, lightning, explosion or sprinkler
SPRINKLER LEAKAGE DAMAGE TO PREM- leakage to premises while rented to you
ISES YOU RENT or temporarily occupied by you with
permission of the owner is not an "in-
If damage to premises rented to you under Cov- sured contract';
erage A is not otherwise excluded from this pol- C NON-OWNED WATERCRAFT
icy, the following applies.
1. The last paragraph of SECTION I — COV- 1. Paragraph g.(2) of SECTION 1 — COVER-
1. A.2. Exclusions is deleted and re- AGE A.2. Exclusions Is deleted and re-
placed by the following: placed by the following;
Exclusions c through n. do not apply to A watercraft you do not own that is*
damage by fire, lightning, explosion or sprin- (a) Less than 51 feet long, and
kler leakage to premises while rented to your (b) Not used to carry persons or propertyfor
or temporarily occupied by you with permis-Sion of the owner A separate limit of insur-
a charge_
ance applies to this coverage as described D. SUPPLEMENTARY PAYMENTS
in SECTION III—LIMITS OF INSURANCE. SECTION I — SUPPLEMENTARY PAYMENTS
2. Paragraph 6. of SECTION III -- LIMITS OF — COVERAGES A AND B is amended as to[-
INSURANCE Is deleted and replaced by the lows;
following 1. The limit of insurance in paragraph 1.1b. is
6. Subject to 5. above, the greater of increased from $250 to$2,500, and
a. $300,000, or 2. The limit of insurance in paragraph 1.d. is
b. the Damage To Premises Rented increased from $250 to$500
To You Limit shown in the Declara- E. AUTOMATIC ADDITIONAL INSURED —
tions, SPECIFIED RELATIONSHIPS
is the most we will pay under COVER- The following is added to Paragraph 2. of SEC-
AGE A for damages because of "prop- TION II-WHO IS AN INSURED:
erty damage"to any one premises, while
rented to you,or temporarily occupied by e. Any person or organization described in
you with the permission of the owner paragraph f. below, whom you and such per-
arising out of any one fire, lightning, ex- son or organization have agreed in writing in
plosion or sprinkler leakage incident. a contract or agreement that such person or
organization be added as an additional in-
3. Paragraph 4.b.(1)(b) Other Insurance of sured on your policy.
SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS is deleted and re-
placed by the following.
CL CG 00 20 03 07 Includes copynghted in alerial or Ins urance Services Page 1 of 6
Office,Inc,with Its permission
DBE Electric Inc
CWP2848856
Such person or organization is an Insured (c) The ownership,maintenance,or use
provided of any elevators
(1) The written or oral contract or agree- F. ADDITIONAL INSURED—OWNERS, LESSEES
ment is. OR CONTRACTORS—AUTOMATIC STATUS
(a) Currently in effect or becomes effec- 1. SECTION 11 — WHO IS AN INSURED Is
tive during the policy period, and amended to include as an additional Insured
(b) Executed prior to an "occurrence"or any person or organization for whom you are
performing operations when you and such
offense to which this insurance
person or organization have agreed in writ-
would apply. i g in a contract or agreement that such per-
(2) They are not specifically designated as son or organization be added as an addi-
an additional Insured under any other tlonal insured on your policy Such person or
provision of, or endorsement added to, organization Is an additional insured only
this policy, with respect to lability for "bodily injury",
f. Only the following persons or organizations "property damage" or "personal and adver-
are additional Insureds under this endorse using injury' caused, In whole or in part, by
ment, and coverage provided to such adds- a. Your acts or omissions;or
tlonal insureds is limited as provided herein. b. The acts or omissions of those acting on
(1) The manager or lessor of a premise yourbehalP;
leased to you, but only with respect to li-
ability arising from the ownership, main- in the performance of your ongoing opera-
tenance or use of that part of the prem- tions for the additional insured.
ises leased to you and subject to the fol- A person's or organization's status as an ad-
lowing additional exclusions. ditional insured under this policy ends when
This insurance does not apply to: your operations for that additional Insured
(a) Any "occurrence" which takes place are completed.
after you cease to be a tenant of that 2. With respect to the insurance afforded to
premises these additional insureds, the following addi-
(b) Structural alterations, new construc- tional exclusions apply
tion or demolition operations per- This Insurance does not apply to:
formed by or on behalf of the man a. "Bodily injury", "property damage" or
aver or lessor "personal and advertising injury" arising
(2) Any person or organization from whom out of the rendering of, or the failure to
you lease equipment, but only with re- render, any professional architectural,
spect to liability for "bodily Injury", "prop- engineering or surveying services, in-
erty damage" or "personal and advertis- cluding
ing injury caused, in whole or in part, by
your maintenance, operation or use of (1) The preparing, approving, or failing
equipment leased to you by such per- to prepare or approve, maps, shop
son(s)or organization(s) drawings, opinions, reports, surveys,
field orders, change orders or draw-
However, this insurance does not apply ings and speafications; or
to any "occurrence" which takes place
after the equipment lease expires. (2) Supervisory, Inspection, architec-
(3) Any state or political subdivision, subject tural or engineering activities.
to the following additional provision- b. "Bodily injury" or "property damage"
This insurance applies only with respect occurring after,
to the following hazards for which the (1) All work, including materials, parts
state or political subdivision has issued a or equipment furnished in connec-
permit in connection with premises you tion with such work, on the project
own, rent, or control and to which this in- (other than service, maintenance or
surance applies repairs) to be performed by or on
(a) The existence, maintenance, repair, behalf of the additional insured(s) at
construction, location of the covered opera-
adv
ertising ng signs, awnings, cane-
erection, or removal of tions has been completed; or
a
pies, cellar entrances, coal holes, (2) That portion of "your work" out of
driveways, manholes, marquees, which the injury or damage arises
hoist away openings, sidewalk has been put to its intended use by
vaults, street banners, or decora- any person or organization other
tions and similar exposures; or than another contractor or subcon-
(b) The censtruc4on, erection, or re- tractor engaged in performing op-
moval of elevators, or erations for a principal as a part of
the same project
CL CG 00 20 03 07 Includes copyrighted Inaterfal of Ins urance Services Page 2 of 6
Office,Inc ,with its permission
DBE Electric Inc
C W P2848856
3. The Insurance provided by this endorsement c. We may pay any part or all of the le-
is primary insurance and we will not seek ductlble amount to effect settlement of
contribution under any insurance policy un- any claim or suit and, upon notification
der which such additional insured is a of the action taken; you shall promptly
named insured, if such policy was procured reimburse us for such part of the de-
and paid for by such additional insured, or a ductible amount as we have paid.
parent or related entity of such additional in-
sured. H. BROADENED NAMED INSURED
4. With respect to the insurance afforded to Paragraph 3. of SECTION II - WHO IS AN IN-
these additional insureds, SECTION III — SURED is deleted and replaced by the following:
LIMITS OF INSURANCE is amended as fol- Any organization, other than a joint venture, over
lows which you maintain ownership or majority inter-
The limits applicable to the additional in- est of more than 50% will be a Named Insured if
sured are those specified in the written con- there is n
tract or agreement or the limits stated In the that organization However.
other similar insurance available to
Declarations, whichever is less If no limits a. Coverage under this provision is afforded
are specified in the wntten contract or only until the 180th day after you acquire or
agreement, the limits applicable to the adds- form the organization or the end of the policy
tional insured are those specified in the Dec- period,whichever is earlier.
larations. The limits of insurance are inclu- b. COVERAGE A does not apply to "bodily in-
sive of and not in addition to the limits of in- jury" or "property damage"that occurred be-
surance shown in the Declarations. fore you acquired or formed the organiza-
G. PROPERTY DAMAGE TO BORROWED tion
EQUIPMENT c. COVERAGE B does not apply to "personal
1. Paragraph 2J. of SECTION I - COVER- and advertising injury" arising out of an of-
AGES, COVERAGE A BODILY INJURY fense committed before you acquired or
AND PROPERTY DAMAGE LIABILITY is formed the organization.
amended as follows: I. CONSTRUCTION PROJECT GENERAL AG-
Paragraphs (3) and (4) of this exclusion do GREGATE LIMIT
no: apply to tools or equipment loaned to 1. For all sums which the insured becomes
you, provided they are not being used to per- legally obligated to pay as damages caused
form operations at the time of loss. by "occurrences" under COVERAGE A
2. SECTION III — LIMITS OF INSURANCE is (SECTION 1), and for all medical expenses
deleted and replaced by the fallowing caused by accidents under COVERAGE C
(SECTION 1), which can be attributed only to
The most we will pay in any one "occur- ongoing operations at a single construction
rence" for "property damage" to borrowed project away from premises owned by or
equipment is $15,000 This limit of insu- rented to the insured:
ance is the most we will pay regardless of a. A Single Construction Project the number of GeneralAggre 9
ch con-
a. Insureds; strruuctionte project mit applies
iromearemis s
P 1 Y p
b. Claims made or"suits" brought;or owned by or rented to the insured, and
that limit is equal to the amount of the
c. Persons or organizations making claims General Aggregate Limit shown in the
or bringing"suits". Declarations.
3. Deductible b. The Single Construction Project General
Aggregate Limit is the most we will pay
a. Our obligation to pay damages on behalf for the sum of all damages under COV-
of the insured applies only to the amount ERAGE A, except damages because of
of damages in excess of$250 as appli- "bodily injury" or "property damage" in-
cable to "property damage" as the result cluded in the "products-completed op-
of any one "occurrence", regardless of erations hazard", and for medical ex-
the number of persons or organizations penses under COVERAGE C regardless
who sustain damages because of that of the number of:
"occurrence".
b. The terms of this insurance, Including (1) Insureds;
those with respect to our right and duty (2) Claims made or"suits"brought, or
to defend the insured against any"suits"
seeking those damages; and your duties (3) Persons or organizations making
in the event of an"occurrence", claim,or claims or bringing"suits'.
"suit" apply irrespective of the application
of the deductible amount.
I
CL CIS 00 20 03 07 Includes copyrighted m atenal of Ins urance Services Page 3 of 6
office,Inc,viii Ifs permission
DBE Electric Inc
CW P2848856
c. Any payments made under COVERAGE J. KNOWLEDGE OF OCCURRENCE
A for damages or under COVERAGE C The following is added to paragraph 2. Duties In
for medical expenses snail reduce the The Event Of Occurrence, Offense, Claim Or
Single Construction Project General Ag- Suit of SECTION IV — COMMERCIAL GEN-
gregate Limit for that construction pro- ERAL LIABILITY CONDITIONS:
ject away from premises owned by or
rented to the insured. Such payments e. A report of an "occurrence", offense, claim
shall not reduce the General Aggregate or"suit"to:
Limit shown in the Declarations nor shall u are an individual,
they reduce any other Single Construc- (1) You, rf yo
tion Project General Aggregate Limit for (2) A partner, Tyou are a partnership,
any other separate construction project
away from premises owned by or rented (3) An executive officer, if you are a
to the insured. corporation, or
d. The limits shown in the Declarations for (4) A manager, if you are a limited liability
Each Occurrence, Fire Damage and company;
Medical Expense continue to apply. is considered knowledge and requires you to
However, instead of being subject to the notify us of the "occurrence", offense, claim,
General Aggregate Limit shown In the or"suit"as scion as practicable
Declarations, such limits will be subject
to the applicable Single Construction f. We are considered on notice of an
Project General Aggregate Limit "occurrence", offense, claim or "suit" that is
2. For all sums which the insured becomes reported to your Workers' Compensation
legally obligated to pay as damages caused insurer for an event which later develops into
an "occurrence", offense, unarm or "suit" for
by "occurrences" under COVERAGE A
( which there is coverage under this policy.
SECTION 1), and for all medical expenses
caused by accidents under COVERAGE C However, we will only be considered on
(SECTION 1), which cannot be attributed notice it you notify us as seen as you know
only to ongoing operations at a single desig- the claim should addressed by this policy
nated construction project away from prem- rather than yourr Workers' Compensation
policy.
ises owned by or rented to the insured:
a. Any payments made under COVERAGE K. UNINTENTIONAL OMISSIONS
A for damages or under COVERAGE C The following is added to paragraph 6. Repre-
for medical expenses shall reduce the sentations of SECTION IV - COMMERCIAL
amount available under the General Ag- GENERAL LIABILITY CONDITIONS:
gregate Limit or the Products-Completed d. If you unintentionally fail to disclose any ex-
Operations Aggregate Limit, whichever posures existing at the inception date of your
is applicable, and policy, we will not deny coverage under this
b. Such payments shall not reduce any Coverage Part solely because of such failure
Single Construction Project General Ag- to disclose. However, this provision does
gregate Limit. not affect our right to collect additional pre-
3. When coverage for liability arising out of the pre-
mium or exercise our right of cancellation or
9 tY 9 non-renewal.
"products-completed operations hazard" is
provided, any payments for damages be- This provision does not apply to any known
cause of"bodily injury' or"property damage" injury or damage which is excluded under
included in the "products-completed opera- any other provision of this policy.
tions hazard" will reduce the Products- L. MENTAL ANGUISH
Completed Operations Aggregate Limit, and
not reduce the General Aggregate Limit nor Paragraph 3. of SECTION V— DEFINITIONS is
the Single Construction Project General Ag- deleted and replaced by the following-
gregate Limit. 3. "Bodily injury" means bodily injury, sickness
4. If the applicable construction project away or disease sustained by a person, including
from premises owned by or rented to the in- mental anguish or death resulting from any
sured has been abandoned, delayed, or of these at any time.
abandoned and then restarted, or if the au- M. WAIVER OF TRANSFER OF RIGHTS OF RE-
thonzed contracting parties deviate from COVERY AGAINST OTHERS
plans, blueprints, designs, specifications or
timetables, the project will still be deemed to Paragraph B. Transfer Of Rights Of Recovery
be the same construction project Against Others To Us of SECTION IV—COM-
MERCIAL GENERAL LIABILITY CONDITIONS
5. The provisions of Limits Of Insurance is amended by the addition of the following.
(SECTION 111) not otherwise modified by this
endorsement shall continue to apply as
stipulated
CL CG 00 20 03 07 includes copyrighted material of Insurance Services Page 4 of 6
Office,Inc,with its permission
DBE Electnc Inc
C W P2848856
We waive any right of recovery we may have be- the premises, site or loca-
cause of payments we make for injury or dam- tion in connection with such
age arising out of your ongoing operations or operations by such insured,
"your work"done under a contract requiring such contractor or subcontractor
waiver with that person or organization and in-
cluded in the "products-completed operations Subparagraph (b) does not
hazard". apply to bodily injury' or
"property damage" arising
However, our rights may only be waived prior to out of heat,smoke or fumes
the"occurrence"giving rise to the injury or dam- from a"hostile fire".
age for which we make payment under this Cov-
erage Part The insured must do nothing after a (2) Any loss, cost or expense aris-
loss to impair our rights. At our request, the in- ing out of any
sured will bring "suit" or transfer those rights to (a) Request, demand, order or
us and help us enforce those rights. statutory or regulatory re-
N. LIMITED JOB SITE POLLUTION quirement issued or made
pursuant to any environ-
1. Exclusion f. under Section I— Coverage A mental protection or envi-
is replaced by the following: ronmental liability statutes or
2. Exclusions regulations that any insured
test for, monitor, clean up,
This insurance does not apply to: remove, contain, treat, de-
f. Pollution toxify or neutralize, or in any
way respond to, or assess
(1) "Bodily injury" or "property darn- the effects of, "pollutants";
age" arising out of the actual, al- or
leged or threatened discharge,dispersal, seepage, migration, Cl(b) Claim or suit by or on behalf release or escape of pollut- a governmental authority
for damages because of
ants" testing far, monitoring,
(a) At or from any premises, cleaning up, removing, con-
site or location an which any taining, treating, detoxifying
insured or any contractors or neutralizing or in anyway
or subcontractors working responding to or assessing
directly or indirectly on any the effects of, "pollutants",
insured's behalf are per- However, this paragraph does
forming operations if the not apply to liability for those
operations are to test for, sums the insured becomes le-
monitor, clean up, remove, gally obligated to pay as dam-
contain, treat, detoxify e- ages because of"property dam-
spond dam-
neutralize, or in any way e f- age" that the insured would
seas , " or assess the ef- have in the absence of such re-
quest, demand, order or statu-
(b) At or from a storage tank or tory or regulatory requirement,
other container, ducts or or such claim or "suit" by or on
piping which is below or par- behalf of a governmental author-
tially below the surface of ity
the ground or water or 2. With respect to "bodily injury" or "property
which,at any time, has been damage" arising out of the actual, alleged or
buried under the surface of threatened discharge, dispersal, seepage,
the ground or water and then subsequently exposed migration, release or escape of"pollutants":
by erosion, excavation or a. The "Each Occurrence Limit" shown in
any other means if the ac- the Declarations does not apply,
dual, alleged or threatened b. Paragraph 7. of Limits Of Insurance
discharge, dispersal, seep Section III does not a
age, migration, release or ( ) PPy
escape of"pollutants"arises c. Paragraph 1. of Section III — Limits Of
at or from any premises, site insurance is replaced by the following:
or location which any in-
sured or any contractors or The Limits Of Insurance shown in this
subcontractors working di- endorsement, or in the Declarations and
rectly or indirectly on any in- the rules below fix the most we will pay
sured's behalf are perform- regardless of the number of:
ing operations if the "pollut-
ants"are brought on or to
CL CG 00 20 03 07 Includes copyrighted matenal of Insurance Services Page 5 of 6
Office,Inc,with Its permisslon
DBE Electric Inc
CWP2848856
(2) Claims made or"suits"brought; or 9. Subject to B. above, the Medical
(3) Persons or organizations making Expense Limit is the most we will
claims or brin in "suits" pay under Coverage C for all medi-
g g cal expenses because of bodily in-
d. The following are added to Section III— jury" sustained by any one person
Limits Of Insurance: arising out of the actual, alleged or
threatened discharge, dispersal,
8. Subject to 2. or 3 above, whichever seepage, migration, release or es-
applies, the most we will pay for the cape of"pollutants"
sum of
O OTHERINSURANCE
a. Damages under Coverage A;d If this policy includes a Coverage Form or an
Endorsement which provides coverage for loss
b. Medical expenses under Cover- or damage covered by one or more of the Ex-
age C tensions of this endorsement, the limit and the
because of "bodily out or "prop- coveletedr and provided
replacedbby this
the limit and coverage
are de-
erty damage" arising out of the as- provided b that Coverage Form or Endorse-
charge, dispersal, seepage, migra- ment
tion, release or escape of "pollut-
ants"is$100,000.
CL CG 00 20 03 07 Includes copyrighted material of Ins urance Services Page 6 of 6
Office,Inc„with Its permission
DBE Electric Inc
CWP2848856
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS AUTOMATIC
STATUS WHEN REQUIRED BY WRITTEN CONTRACT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Section II—Who Is An Insured is amended to include as an additional insured any person or organization
for whom you are performing operations when you and such person or organization have agreed in writing
in a contract or agreement that such person or organization be added as an additional insured on your
policy Such person or organization Is an additional Insured only with respect to "bodily injury" and
"property damage" caused, In whole or in part, by"your work" at locations specified In the written contract
or agreement and included in the"products-completed operations hazard".
With respect to the insurance afforded to these additional insureds, this insurance does not apply to
"bodily injury" or "property damage" that occurs prior to the execution of, or subsequent to the expiration
of, the contract or agreement in which you agreed that such person or organization be added as an
additional insured on your policy.
CL CG 20 14 0107 Includes copyrighted matenal of Insurance Services Page 1 of 1
Offices,Inc,with Its permission
This page has been left blank intentionally
PUBLIC WORKS OPERATIONS
Donald C Mdlett
Operations Manager
2204th Avenue South
ent, WA 98032
K iT Fax 253 856-6600
N A M I NGTON
PHONE: 253-856-5600
December 20, 2010
Ms. Chrysta Coy
DBE Electric Inc.
P. O. Box 9169
Covington, WA 98042
Dear Ms. Coy:
We have received the two signed originals of the contract between DBE
Electric Inc. and the City of Kent for the replacement of ten traffic loops at
64th Avenue South & South 212th Street in Kent. We have also received your
current proof of insurance. The two contract originals have been signed by
our Public Works Operations manager, and we are ready to have you proceed
with the work.
Enclosed is one fully signed original for your records. In the meantime, if you
have any questions, feel free to call me at 253-856-5600.
tSincerely,
Michelle Faltaous
Pavement Management Analyst
MF:rcb
Enclosure: Public Works Agreement between the
City of Kent and DBE Electric Inc.
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MAYOR SU CO KE
�' 1 OpsC,ontracts treet over etter isne greement E ectncRep acementl oops -
City of Kent Public Works Department
Timothy J LaPorte, P E., Public Works Director