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HomeMy WebLinkAboutPK11-210 - Original - Entre Prises USA, Inc. - Arbor Heights 360 Climbing Wall Inspection - 07/21/2011 Records Management�- WA ENTF Document W A9HIXGTON , 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: py- Vendor Number: t Z 6 y ID Edwards Number Contract Number: j- This Is assigned by City Clerk's Office Project Name: f `� ��y P `i 3 y` o Ct r yv%, b L\^-A (&)a Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment,�Contract ❑ Other: Contract Effective Date: - 21 ` Termination Date: 2 { Contract Renewal Notice (Days): _ Number of days required notice for termination or renewal or amendment Contract Manager: ( Department: e D- 5 Detail: (i.e. address, location, parcel number, tax id, etc.): bov -e � �� `� mac) S•Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 K E N T W A 5 4 I N G T O N CONSULTANT SERVICES AGREEMENT between the City of Kent and Entre Prises USA, Inc, THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Entre Prises USA, Inc. organized under the laws of the State of Oregon, located and doing business at 63085 18 Street #101 Bend, OR 97701 P:541-388-5463 F: 541-388-3248 (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: Create an inspection report after inspecting the climbing pinnacle at Arbor Heights 360 in Kent, Washington as described in the vendor's proposal dated March 7, 2011 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 effectiv ate of this Agreement, Consultant shall complete the work described in Section I withi 30 ys. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Two Thousand One Hundred Twenty Dollars ($2,120.00), plus applicable Washington State sales tax, 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 CONSULTANT SERVICES AGREEMENT - 1 (Under$10,000) Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. 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 indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant 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 Consultant's part, then Consultant 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 Consultant's part. 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. CONSULTANT SERVICES AGREEMENT - 3 (Under$10,000) XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive 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 CONSULTANT SERVICES AGREEMENT - 4 (Under$10,000) the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By. 4�f By: S k- (signature) (signature) Ij Print Name: A4e%m fGoB&0-1v�^ Prin me: Jeff Watling Its: V P Its: Parks Director DATE: (tale) DATE: 7 r� l G• � �� NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Brian Saw Entre Prises USA, Inc. City of Kent 36085 18 St #101 220 Fourth Avenue South Bend, OR 97701 Kent, WA 98032 541-388-5463 (telephone) (253) 856-5126 (telephone) 541-388-3248 facsimile (253) 856-6120 (facsimile) Climbing Wall Inspectbn-Arbor Heights 6-10-11 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 1-7 day of 2011. For: GHT9- (SVC3 USP Z`'rL. Title: J. e- Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 2011. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 ENTRE PRISES IF Climbing Walls CLIMBING WALL INSPECTION/REPAIR PROPOSAL Date 3/7/2011 Attn City of Kent Contact Brian Saw 220 Fourth Avenue Soul Email bsawta'�ci kentwa us Kent,WA 98032 Phone 253-856-5126 Job number 1846 Freeform surface 135 Imprint Surface Total surface of the wall 200 m' sf INSPECTION EP Inspector 1 ea $1,52000 $1,52000 Inspection report 1 ea $17500 $17500 Expenses 1 ea $425 00 $425 00 Equipment Rental 0 ea $1,031 25 $0 00 "TOTAL BY EP. $2,120 00 not including taxes Terms&conditions 1) THIS ESTIMATE IS GOOD FOR 30 DAYS FROM DATE SHOWN ABOVE 2)Inspection report will include current wall status and recomendations for future wall mamtamance and use Inspectionsare encouraged approximately every 2 years for general maintenance As well,examination of the substructure,primary support, budding connections,and general suitability of the building(as regards the climbing wall)will occur Minor maintenance will be accomplished if possible during the inspection,but any additional time required will be billed at day rate plus expenses,with prior written approval 2) The expenses includsairfare,hotel,per diem and rental car The expenses do not include the cost for a scissor lift If necessary then customer shall pay and arrange for a scissor lift to conduct the inspection This price is void should any of the institutions decide to waive/not agree to their scheduled inspections 3) A Purchase Order#and a signed Estimate will be required in order to proceed with scheduling your inspection Accepted by Title Date Entre Prises USA,63085 18th Street,Suite 101, Bend OR 97701 Phone (541)388-5463,Fax (541)388-3248, www epusa com 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. EXHIBIT B (Continued ) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. A16% �vim® CERTIFICATE OF LIABILITY INSURANCE 6/17/201 WI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT* If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Eadya Alam1, CISR, CIC NAME Beecher Carlson Insurance Agency, LLC PHDNE (541)382-1611 n/c c541>382-7477 296 SW Columbia St, Suite D E-MAIL-ADDREssnadya.alarm@beechercarlson.com PRODUCER 00063176 CUSTOMER ID# Bend OR 97702 INSURER(S)AFFORDING COVERAGE NAIL0 INSURED INSURERA Great American E & S Insurance INSURERB Ore on Automobile Ins Co 23922 Entre Prises USA Inc INSURER SAIF 52412 63085 18th St Ste 101 INSURER:Evanston Insurance Company wsURER E Zurich America Insurance Co Bend OR 97701 INSURER COVERAGES CERTIFICATE NUMBER:CL1151201943 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADDL SUSR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INS POLICY NUMBER MMIDD/YYVV MMIDDIYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO 300 000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea oaurrence $ r A CLAIMS-MADE C'OCCUR X L527954107 /15/2011 /15/2012 MED EXP(Any ore person) $ Exclude X Washington Stop Gap PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGO $ 2,000,000 POLICY X JECT El LOCRO $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT X (Ea accident) $ 1,000,000 ANY AUTO B ALL OWNED AUTOS 02173896 /15/2011 /15/2012 BODILY INJURY(Per person) $ BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ X NON-OWNED AUTOS Medicalpayrents $ 5,000 UninsuredlUndermsured $ 1,000,000 X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DEDUCTIBLE $ A X RETENTION $ 10,000 UMS57420108 /15/2011 /15/2012 $ C WORKERS COMPENSATION 959833 (Oregon) /1/2011 /1/2012 X WC STATU OTH- AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETORIPARTNER/EXECUTIVE❑ E L EACH ACCIDENT $ 11000,000 OFFICERIMEMBER EXCLUDED? NIA C9663307 (Multi-State) /1/2011 /1/2012 E (Mandatory In NH) EL DISEASE-EAEN�LOYE $ 1,000,000 If yes,descnbe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ 1,000,000 D Professional Liability P852066 /15/2011 /15/2012 Limn 1,000,000 DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Re Job # 1846 Inspection - Climbing Pinnacle at Arbor Heights 360, Kent Washington The City of Kent, a Washington Municipal Corporation, is included as additional insured as respects general liability per CG 2037 on a primary & noncontributory basis where required by written contract Per Project Aggregate applies. This form is subject to policy terms conditions & exclusions CERTIFICATE HOLDER CANCELLATION 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 Fourth Avenue South Kent, WA 98032 AUTHORIZED REPRESENTATIVE p� J Hammond, CIC, CRM/N �.,-2... ACORD 25(2009109) ©1988-2009 ACORD CORPORATION. All rights reserved. INS026 poogos) The ACORD name and logo are registered marks of ACORD GG 20 37 tEd, 07 04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Sohedute Name of Additional Insured Person(s) or Organization(s): Location and Description of Completed Operations; Blanket ai; required by written contract with prior approval by GA Cus torn underwater Informatioh reffrirdd to complete this Schedule, if not shown above, will be shown in the Declarations. SECTION 11 - WHO IS AN INSURED is amended to include as an Additional Insured the personas) or organizatronas) shown in the Scheduler but only with respect to liability for "bodily injury" or "property damage' caused, En whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that Additional Insured and included inthe "products-completed operations hazard" t"opyright, ISO Properties, Iho, 2004 CG 20 37 (Ed. 071G4) PRO (Page l of 1) AES 3206 (Ed 05 10) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIALTY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is a summary of the Limits of Insurance and additional coverage provided by this endorsement For complete details on specific coverages, consult the Policy contract wording Subjects of Insurance Non—Owned Watercraft up to 51 feet Non—Owned Aircraft Chartered with Crew Medical Expenses — $5,000 Limit Medical Expenses — Completed Operations — Dental Services Who Is an Insured — Fellow Employee Coverage — Broadened Named Insured Additional Insured — Ongoing Operations (Subject to Exclusions) Additional Insured — Vendors (Subject to Exclusions) Fire Legal Liability — $300,000 Limit Broad Notice of Occurrence Unintentional Errors or Omissions Waiver of Subrogation Non—Employee Discrimination Incidental Malpractice Liability Contractual Liability for Railroad Exposures The following amends the Commercial General Liability Coverage Park NON-OWNED WATERCRAFT SECTION I - COVERAGES, Coverage A Bodily Injury and Property Damage Liability, 2. Exclusions, S. Aircraft, Auto or Watercraft, (2), is deleted and replaced with the following AES 3206 (Ed. 05/10) XS (Page 1 of 7) This exclusion does not apply to: (2) a watercraft that you do not own that is (a) less than 51 feet long, and (b) not being used to carry persons or property for a charge; NON-OWNED AIRCRAFT The following is added to SECTION I - COVERAGES, Coverage A Bodily Injury and Property Damage Liability, 2. Exclusions, g. Aircraft, Auto or Watercraft This exclusion does not apply to (6) An aircraft in which you have no ownership interest and that you have chartered with crew MEDICAL PAYMENTS Unless Coverage C Medical Payments, or the Products-Completed Operations Hazard has been excluded from this Policy, the following applies- SECTION I - COVERAGES, Coverage C Medical Payments, 2.f. is deleted and replaced with the following f. Products - Completed Operations Hazard Included within the "products-completed operations hazard" However, this exclusion does not apply to expenses for dental services SECTION III - LIMITS OF INSURANCE - 7., is deleted entirely and replaced with the following 7. Subject to paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, is the greater of a. $5,000 any one Person, or b. the Medical Expense Limit shown in the Declarations. WHO IS AN INSURED SECTION II - WHO IS AN INSURED is deleted entirely and replaced with the following• 1. If you are designated in the Declarations as a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner b. A partnership or joint venture, you are an insured Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business c. A limited liability company, you are an insured Your members are also insureds, but only with respect to the conduct of your business Your managers are insureds, but only with respect to their duties as your managers AES 3206 (Ed 05/10) XS (Page 2 of 7) d. An organization other than a partnership, joint venture or limited liability company, you are an insured Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors Your stockholders are also insureds, but only with respect to their liability as stockholders e. A trust, you are an insured Your trustees are also insureds, but only with respect to their duties as trustees 2. Each of the following is also an insured a. Your 'volunteer workers" only while performing duties related to the conduct of your business, and your "employees," other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business However, none of these "employees" or 'volunteer workers" is an insured for (1) "Personal and advertising injury": (a) to you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other 'volunteer workers" while performing duties related to the conduct of your business (b) to the spouse, child, parent, brother or sister of that co-"employee" or 'volunteer worker" as a consequence of paragraph (1)(a) above, (c) for which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1)(a) or (1)(b) above, or (2) 'Bodily injury" or 'Personal and advertising injury" (a) arising out of "incidental medical malpractice" due to his or her providing or failing to provide professional health care services However, this exclusion does not apply to nurses, emergency medical technicians or paramedics who are employed by you to provide medical or paramedical services (3) 'Property damage' to property: (a) owned, occupied or used by, (b) rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees," 'volunteer workers," any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company) b. Any person (other than your "employee' or 'volunteer worker"), or any organization while acting as your real estate manager c. Any person or organization having proper temporary custody of your property if you die, but only (1) with respect to liability arising out of the maintenance or use of that property; and AES 3206 (Ed 05/10) XS (Page 3 of 7) (2) until your legal representative has been appointed d. Your legal representative if you die, but only with respect to duties as such That representative will have all your rights and duties under this Coverage Part 3. Any organization that you own at the inception of this Policy, or any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain during the policy period majority ownership or majority interest, will qualify as a Named Insured if. a. there is no other similar insurance available to that organization, and b. the first Named Insured shown in the Declarations has the responsibility of placing insurance for that organization, and c. that organization is incorporated or organized under the laws of the United States of America However (1) coverage under this provision 3 is afforded only until the next occurring annual anniversary of the beginning of the policy period shown in the Declarations, or the end of the policy period, whichever is earlier, and (2) coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization, and (3) coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization ADDITIONAL INSURED - ONGOING OPERATIONS The following is added to SECTION II — WHO IS AN INSURED — SECTION 2.. e. Any person or organization (called additional insured) that you are required to add as an additional insured on this Policy under (1) a written contract or agreement or, (2) an oral contract or agreement where a certificate of insurance showing that person or organization as an additional insured has been issued, however the written or oral contract must be (a) currently in effect or becoming effective during the term of this Policy; and (b) executed prior to the "bodily injury," "property damage," "personal injury," or "advertising injury„ which first manifests on or after the date of the inception of this policy period, as shown in the Declarations Page of the Policy but prior to the earlier of the date of expiration or cancellation of this Policy With respect to the insurance afforded such additional insured, the following additional provisions apply (1) that person or organization is only an additional insured with respect to liability arising out of (a) premises or equipment you own, rent, lease, or occupy, or AES 3206 (Ed. 05/10) XS (Page 4 of 7) (b) your ongoing operations performed for that additional insured by or for you The insurance provided to such additional insured does not apply to "bodily injury" or "property damage" included within the "products—completed operations hazard" (2) The Limits of Insurance applicable to any such additional insured are those specified in the written contract or agreement or in the Declarations for this Policy, whichever are less and are subject to the terms and conditions of this Coverage Form These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance shown in the Declarations (3) A person's or organization's status as an additional insured under this endorsement ends 30 days after your operations or agreement for that additional insured are completed or cease, or the expiration of this Policy, whichever is earlier The insurance provided to any additional insured does not apply to "bodily injury," "property damage," "personal injury," or "advertising injury" arising out of an architect's, engineer's, or surveyors' rendering of or failure to render any professional services including (1) the preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications, and (2) supervisory, inspection, or engineering services It is further agreed that this insurance shall be primary and noncontributory, but only in the event of the Named Insured's sole negligence ADDITIONAL INSURED - VENDORS The following is added to SECTION II — WHO IS AN INSURED — 2: f. Any person or organization (referred to below as vendor), 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, unless 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 by the vendor in full compliance with the manufacturer's written instructions at the vendor's premises in connection with the sale of the product, AES 3206 (Ed. 05/10) XS (Page 5 of 7) (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 (h) "bodily injury" or "property damage" arising out of the sole negligence of the vendors for its own acts or omission of 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) or (f), 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) It is further agreed that this insurance shall be primary and noncontributory, but only in the event of the Named Insured's sole negligence FIRE LEGAL LIABILITY SECTION III — LIMITS OF INSURANCE — 6., is deleted and replaced by the following 6. Subject to paragraph 5. above, the Damage to Premises Rented to You Limit shown in the Declarations, for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with the permission of the owner, is the greater of a. $300,000 any One Premises, or b. the Damage to Premises Rented to You Limit shown in the Declarations DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT The following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS — 2. Duties in the Event of Occurrence, Offense, Claim or Suit e. Knowledge of any "occurrence," offense, claim or suit by any agent, servant or employee of the Named Insured does not in itself constitute knowledge by the Insured unless notice of such injury, claim or suit shall have been received by an officer, manager, risk manager, authorized employee, or partner of a Named Insured UNINTENTIONAL ERRORS OR OMISSIONS The following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS — 6. Representations d. If you unintentionally fail to disclose any hazards existing at the inception date of this Policy, we will not deny coverage under this Coverage Form because of such failure However, this does not affect our right to collect additional premium or exercise our right of cancellation or non—renewal AES 3206 (Ed. 05/10) XS (Page 6 of 7) WAIVER OF SUBROGATION SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS - S., is deleted and replaced with the following S. Transfer or Rights of Recovery Against Others to Us a. If the Insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us The Insured must do nothing after loss to impair those rights At our request, the Insured will bring "suit' or transfer those rights to us and help us enforce those rights b. If required by a written "insured contract' executed prior to the occurrence or offense, we waive any right of recovery we have against any person or organization named in such "insured contract" because of payments we make for injury or damage arising out of your ongoing operations or "your work" for that person or organization NON EMPLOYMENT DISCRIMINATION LIABILITY Unless Coverage B Personal and Advertising Injury Liability is excluded from this Policy, the following applies The following is added to SECTION V - DEFINITIONS, 14. "Personal and advertising injury" A discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury" and not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured INCIDENTAL MALPRACTICE LIABILITY The following is added to SECTION V - DEFINITIONS 23. "Incidental Medical Malpractice" means injury arising out of the negligent rendering or failure to render medical or paramedical services to persons by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services provided you are not engaged in the business or occupation of providing any services referred to in this definition CONTRACTUAL LIABILITY FOR RAILROAD EXPOSURES SECTION V - DEFINITIONS - 9. "Insured Contract' f.(1), is deleted in its entirety. This endorsement does not change any other provision of the Policy. AES 3206 (Ed. 05/10) XS (Page 7 of 7) a + POLICY COMMERCIAL GENERAL LIABILITY NUMBER: PL527954107 CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT (S) GENERAL AGGREGATE LIMIT i This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above. 1 A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations 2 The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or"property damage" included in the "products-completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds, b Claims made or"suits" brought, or c Persons or organizations making claims or bringing "suits" 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable, and 2 Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of"bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E The provisions of Section III — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated