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PK12-009 - Original - CMSI Environmental Specialties - Matinjussi Property Asbestos & Lead Removal - 02/09/2012
Records Managemen t KENT =- Document 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: CMSI Environmental Specialties Vendor Number: JD Edwards Number Contract Number: it )'l r�0 I This is assigned by City Clerk's Office Project Name: Asbestos and lead removal at Matinlussi Property Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 2/23/2012 Termination Date: 3/31/2012 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Teri Petrole Department: Parks Administration Detail: (i.e. address, location, parcel number, tax id, etc.): Consultant S Public\RecordsManagement\forms\ContractCover\adcc7832 1 11/08 CONSULTANT SERVICES AGREEMENT between the City of Kent and Construction Management Services of Washington, Inc. (CMSI), dba Environmental Specialties For Matinjussi Property THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Construction Management Services of Washington, Inc. (CMSI) (dba Environmental Specialties) organized under the laws of the State of Washington, located and doing business at 4227 S Meridian, STE C *625 Puyallup, WA 98373 P: 253-683-1144 (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: Inspect for asbestos and lead and create a report of the findings for house and outbuildings located at 11220 SE 204th Street, and 11234 SE 204th Street, Kent, Washington 98031 (Matinlussi property), as described in the vendor's proposals, dated January 17, 2012, both attached and incorporated as Exhibit A. 3 Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I within 30 days. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed a total amount of Two Thousand, Three Hundred Ninety Dollars and no/100 ($2,390.00) for services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of 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, CONSULTANT SERVICES AGREEMENT - 2 (Under$10,000) ` A discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, p oyees g 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. CONSULTANT SERVICES AGREEMENT - 3 (Under$10,000) XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive 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. CONSULTANT SERVICES AGREEMENT - 4 (Under$10,000) G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: signature) (signature), Print Na e: u Pr t Na e: Jeff Watling Its: Its: Parks Director (title) DATE: 0- A1112 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Robert Simmons Brian Levenhagen CMSI City of Kent 4227 S Meridian, STE C #625 220 Fourth Avenue South Puyallup, WA 98373 Kent, WA 98032 rscrosi@hotmail.com (253) 856-5116 (telephone) 253-683-1144 (telephone) (253) 856-6050 (facsimile) Matinjussi Property CONSULTANT SERVICES AGREEMENT - 5 (Under$10,000) 2! • S DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the //five requirements referenced above. Dated this day of 2010. By: For: ��ir�f���vary,� ii/�Jj i'� r�1/ Alz;S Title: . Date: LZI 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�,o,,7- e��v �,��ciQ�TleS Company, hereby acknowledge and decl�r�eG�that th a ore�pen��trriDDone ompany was the prime contractor for he Agreement known as 412in ` 714 kA LU that was entered into on the Z /`T Z (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 1/1 day of 20121� By: For: A,B//x!�'/ /% ✓'f Gu,B , a�'0� Title: Date: EEO COMPLIANCE DOCUMENTS - 3 S Environmental Specialties 4227 S Meridian,STE C,#625 •Puyallup,WA 98373 •(253)683-1144 January 17,2012 Brian Levenhagen Kent Parks City of Kent 220 4`h Ave S Kent,WA 98032 Subject Asbestos&Lead Paint Inspection House &Outbuildings 11220 SE 204,St Kent,WA 98031 Dear Mr Levenhagen Thank you for requesting a proposal from Environmental Specialties We can provide you with an asbestos inspection and also collect paint samples for analysis at the above listed address As a pre-demolition inspection we will need to do destructive sampling which usually includes opening small holes in several walls to verify the type of building materials used The EPA has new regulations in the last couple of years which add to the already in place regulations regarding disclosure of lead materials present Lead paint samples that characterize the quantity of lead in the paint are highly recommended Waste handlers may require a Lead Toxic Characteristic Leachate Procedure(TCLP)test of the demolition waste stream. If the lead content of a waste stream is to high the materials will not likely be recyclable ; The inspector will not know how many samples are needed until the inspection is underway This site has outbuildings and due to the sampling protocol each building is treated differently The number of samples proposed is based on previous inspections of similar structures You will only be charged for the samples collected Should additional samples or additional services be needed the inspector will contact you as soon as is possible Below is an estimate of costs for your inspection project. Inspection&report,asbestos&lead $340 35 bulk asbestos samples @$20 each 700 5 lead paint samples @$20 each 100 1 TCLP waste stream sample 125 Total $1265 Our hourly rate for inspection is$85 If additional services are needed we can operate on the hourly rate, the proposed unit costs and cost plus 15%for non-listed samples It usually takes a week to ten days to turn around a report Let me know when you want to start Sincerely, Robert F Simons Project Manager rscrosl@hotmail com 4b S Environmental Specialties 4227 S Meridian, STE C,#625 •Puyallup,WA 98373 •(253)683-1144 January 17,2012 Brian Levenhagen Kent Parks City of Kent 220 4th Ave S Kent,WA 98032 Subject: Asbestos&Lead Paint Inspection House&Outbuildings 11234 SE 204`h St Kent,WA 98031 Dear Mr Levenhagen: Thank you for requesting a proposal from Environmental Specialties We can provide you with an asbestos inspection and also collect paint samples for analysis at the above listed address As a pre-demolition inspection we will need to do destructive sampling which usually includes opening small holes in several walls to verify the type of building materials used The EPA has new regulations in the last couple of years that add to the already in place regulations regarding disclosure of lead materials present Lead paint samples that characterize the quantity of lead in the paint are highly recommended Waste handlers may require a Lead Toxic Characteristic Leachate Procedure (TCLP)test of the demolition waste stream If the lead content of a waste stream is to high the materials will not likely be recyclable The inspector will not know how many samples are needed until the inspection is underway This site has outbuildings and due to the sampling protocol each building is treated differently The number of samples proposed is based on previous inspections of similar structures You will only be charged for the samples collected Should additional samples or additional services be needed the inspector will contact you as soon as is possible Below is an estimate of costs for your inspection project. Inspection&report, asbestos&lead $340 28 bulk asbestos samples C$20 each 560 5 lead paint samples C$20 each 100 1 TCLP waste stream sample 125 Total $1125 Our hourly rate for inspection is $85 If additional services are needed we can operate on the hourly rate, the proposed unit costs and cost plus 15%for non-listed samples It usually takes a week to ten days to turn around a report Let me know when you want to start Sincerely, Raw F. 5 Robert F Simons Project Manager rscrosi@hotmail.com r EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. EXHIBIT B (Continued) B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. EXHIBIT B (Continued) E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. 5 F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. a OP ID:JR01 A® DATE(MM/DDIYYYYI CERTIFICATE OF LIABILITY INSURANCE o2116112 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 policy(ies) 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 425-089-4500 NAMEACT Joan Rose Hub International NWIHCJ 425-489-4501 A ,N Ed 425-368-1228 a No) PO Box 3018 E-ML oan.rose hubinternational.com Bothell,WA 98041-3018 PRODAIucERR Richard Malowney cusroMERIDa CMSEN-2 INSURERS)AFFORDING COVERAGE NAIC it , INSURED CMSI-Environmental Specialties INSURERA Transportation Insurance Co ATTN. Robert Simons INSURERS The Ohio Casualty Ins Co. 2818 29th St Ct SE INSURER C Continental Casualty CID 20443 Puyallup,WA 98374 INSURER D 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 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 LTR TYPE OF IN SURANCE IN B POLICY NUMBER MMIDDIYYYY MMLDD/YYYY lCYEXP LIMITS GENERAL LIABILITY EACH OCCURRENCE IS 1,000,000 A X COMMERCIAL GENERAL LIABILITY X 4029278469 03/09/11 03109/12 PREMISES rEa occurrence IS 100,000 CLAIMS-MADE A OCCUR MED EXP(Any one person) $ 5,00 PERSONAL&ADV INJURY IS 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPlOP AGG $ 2,000,00 X POLICY PEOT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00 (Ea accident) ANYAUTO BODILY INJURY(Per person) $ ALLOWNEDAUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE B X HIREDAUTOS BAO5484555 03/09/11 03/09/12 (Peracadenl) $ X NON-OWNEDAUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CL41MS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ TATO $ WORKERS COMPENSATION WCSUMIT ER AND EMPLOYERS'LIABILITY YIN TORY LIMIT ER ANY PROPRIETOR/PARTNERIEXECUTIVE❑ N/A E L EACH ACCIDENT $ OFFICERIMEMSER EXCLUDED? (Mandatory In NH) EL DISEASE-EA EMPLOYE $ If yes describe under EL DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below C Professional Llab 28-834-65-03 03/09/11 03/09/14 Per Claim 1,000,00 $1,000 DEDUCTIBLE Aggregate 2,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) The City of Kent is additional Insured for general liability perform G140331C attached to policy Coverage is primary and non-contributory CERTIFICATE HOLDER CANCELLATION CITYKEN 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 Parks, Recreation& Community Services AUTHORIZED REPRESENTATIVE 220 Fourth Avenue South Kent,WA 98032 ` ©1988-2009 ACORD CORPORATION All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD r AdL G-147167-a99 OVA (Ed 12/06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person Or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part 1. ADDITIONAL INSURED—BLANKET VENDORS In. 'Bodily injury" or °property damage' WHO IS AN INSURED (Section 11) is amended to arising out of the sole negligence of the vendor for its own acts or omission or include as an additional insured any person or those of its employees or anyone else organization (referred to below as vendor) with whom acting on its behalf However, this you agreed, because of a written contract or exclusion does not apply to agreement to provide insurance, but only with respect to °bodily injury' or "property damage' arising out of (1) The exceptions contained in 'your products' which are distributed or sold in the Subparagraphs d.or f.;or regular course of the vendor's business, subject to the (2) Such inspections, adjustments, tests following additional exclusions or servicing as the vendor has agreed 1. The insurance afforded the vendor does not to make or normally undertakes to apply to make in the usual course of business, in connection with the a. 'Bodily injury" or 'property damage' for o which the vendor is obligated to pay distribution or sate of the products damages by reason of the assumption of 2. This insurance does not apply to any insured Lability in a contract or agreement This person or organization, from whom you have exclusion does not apply to liability for acquired such products, or any ingredient, o damages that the vendor would have in part or container, antenna into, accompanying g the absence of the contract or agreement, or containing such products b. Any express warranty unauthorized by 3. This provision 1.does not apply to any vendor you, included as an insured by an endorsement c. Any physical or chemical change in the issued and made a part of this product made intentionally by the vendor, Coveragea Part 4. This provision 1. does not apply if 'bodily d. Repackaging, except when unpacked injury" or 'property damage` included within solely for the purpose of inspection, the°products-completed operations hazard' is demonstration, testing, or the substitution excluded either by the provisions of the of parts under instructions from the Coverage Part or by endorsement s manufacturer, and then repackaged in the original container, 2. MISCELLANEOUS ADDITIONAL INSUREDS e. Any failure to make such inspections, WHO IS AN INSURED (Section 11) is amended to adjustments, tests or servicing as the include as an insured any person or organization vendor has agreed to make or normally (called additional insured) described in paragraphs undertakes to make in the usual course of 2.a. through 2.g. below whom you are required to add business, in connection with the as an additional insured on this policy under a written distribution or sale of the products, contract or agreement but the written contract or 11. Demonstration, installation, servicing or agreement must be repair operations, except such operations 1. Currently in effect or becoming effective performed at the vendor's premises in during the term of this policy, and connection with the sale of the product, 2. Executed prior to the 'bode in u_ 'bodily j ry,' 'property g. Products which, after distribution or sale damage' or 'personal injury and advertising by you, have been labeled or relabeled or injury,' but used as a container, part or ingredient of On the following any other thing or substance by or for the N g persons or organizations are vendor, or additional insureds under this endorsement and G-147167-899 Page 1 of 6 (Ed 12106) G-147167-B99 (Ed 12/06) coverage provided to such additional insureds is This insurance does not apply to. limited as provided herein (1) Any "occurrence' which takes place a. State or Political Subdivisions after you cease to be a tenant in that premises, or A state or political subdivision subject to the following provisions (2) Structural alterations, new (1) This insurance applies only with construction or demolition respect to the following hazards for operations performed by or on which the state or political subdivision behalf of such additional insured has issued a permit in connection d. Mortgagee,Assignee or Receiver with premises you own, rent, or A mortgagee, assignee or receiver but control and to which this insurance only with respect to their lability as applies mortgagee, assignee, or receiver and (a) The existence, maintenance, arising out of the ownership, repair, construction, erection, or maintenance, or use of a premises by removal of advertising signs, you awnings, canopies, cellar entrances, coal holes, driveways, This insurance does not apply to manholes, marquees, hoistaway structural alterations, new construction or openings, sidewalk vaults, street demolition operations performed by or for banners, or decorations and such additional insured similar exposures, or e. Owners/Other Interests — Land is (b) The construction, erection, or Leased removal of elevators, or An owner or other interest from whom (2) This insurance applies only with land has been leased by you but only with respect to operations performed by respect to liability arising oJt of the you or on your behalf for which the ownership, maintenance or use of that state or political subdivision has specific part of the land leased to you and issued a permit subject to the following additional exclusions This insurance does not apply to 'bodily injury,' 'property damage° or °personal This insurance does not apply to and advertising injury' arising out of (1) Any "occurrence' which takes place operations performed for the state or after you cease to lease that land, or municipality (2) Structural alterations, new b. Controlling Interest construction or demolition operations performed by or on behalf of such Any persons or organizations with a additional insured controlling interest in you but only with respect to their liability arising out of f. Co-owner of insured Premises (1) Their financial control of you; or A co-owner of a premises co-owned by (2) Premises they own, maintain or you and covered under this insurance but control while you lease maintain occupy only with respect to the co-owners liability these premises as co-owner of such premises. This insurance does not apply to g• Lessor of Equipment structural alterations, new construction Any person or organization from whom and demolition operations performed by you lease equipment Such person or or for such additional insured organization are insureds only with c. Managers or Lessors of Premises respect to their liability arising out of the maintenance, operation or use by you of A manager or lessor of premises but only equipment leased to you by such person with respect to liability arising out of the or organization A person's or ownership, maintenance or use of that organization's status as an insured under specific part of the premises leased to this endorsement ends when their written you and subject to the following additional contract or agreement with you for such exclusions leased equipment ends G-147167-B99 Page 2 of 6 (Ed 12/06) G-147167-B99 (Ed 12106) With respect to the insurance afforded liability company which terminated or ended these additional insureds, the following prior to or during this policy period but only to additional exclusions apply the extent of your interest in such joint This insurance does not apply. venture, partnership or limited liability p company This coverage does not apply, (1) To any 'occurrence' which takes a. Prior to the termination date of any joint place after the equipment lease venture, partnership or limited liability expires, or company, or (2) To 'bodily injury,' 'property damage,' b, if there is other valid and collectible or 'personal and advertising injury' insurance purchased specifically to insure arising out of the sole negligence of the partnership, joint venture or limited such additional insured liability company Any insurance provided to an additional insured B. The last paragraph of Section II — Who Is An designated under paragraphs a. through g. above Insured is deleted and replaced by the following- does not apply to °bodily injury' or 'property damage" included within the 'products-completed Except as provided in 4. above, no person or operations hazard organization is an insured with respect to the As respects the coverage provided under this conduct of any current or past partnership, joint endorsement, Paragraph 4.b. SECTION IV — venture or limited liability company that is not COMMERCIAL GENERAL LIABILITY shown as a Named Insured in the Declarations CONDITIONS is deleted and replaced with the 5. PARTNERSHIP OR JOINT VENTURES following Paragraph 1.b. of Section II —Who Is An Insured is 4. Other Insurance deleted and replaced by the following b. Excess Insurance b. A partnership (including a limited liability This insurance is excess over partnership) or joint venture, you are an insured Your members, your partners, o Any other insurance naming the and their spouses are also insureds, but additional insured as an insured whether only with respect to the conduct of your j primary, excess, contingent or on any business other basis unless a written contract or S. EMPLOYEES AS INSUREDS — HEALTH CARE agreement specifically requires that this SERVICES insurance be either primary or primary `s and noncontributing Where required by For other than a physician, paragraph 2.a(f)(d) of written contract or agreement, we will Section 11 —Who Is An insured does not apply with consider any other insurance maintained respect to professional health care services provided by the additional insured for injury or in the course of employment by you, damage covered by this endorsement to 7 SUPPLEMENTARY PAYMENTS be excess anc noncontributing with this insurance A. Under Section I — Supplementary Payments — 3. NEWLY FORMED OR ACQUIRED Coverages A and B, Paragraph Il.b., the limit of ORGANIZATIONS $250 shown for the cost of bail bonds is replaced by$2,500 Paragraph 3.a, of Section II—Who Is An Insured is B. In Paragraph 1.d.,the limit of$250 shown for daily deleted and replaced by the following loss of earnings is replaced by$1,0D0 Coverage under this provision is afforded only until the 6. MEDICAL PAYMENTS end of the policy period or the next anniversary of this policy's effective date after you acquire or form the A. Paragraph 7. Medical Expense Limit, of Section organization,whichever is earlier III — Limits of Insurance is deleted and replaced 4. JOINT VENTURES / PARTNERSHIP ! LIMITED by the following LIABILITY COMPANY COVERAGE 7. Subject to 5. above (the Each Occurrence A. The following is added to Section It — Who Is An Limit), the Medical Expense Limit is the most Insured: we will pay under Section — I — Coverage C for all medical expenses because of 'bodily 4. You are an insured when you had an interest injury' sustained by any one person The in a joint venture, partnership or limited Medical Expense Limit is the greater of. G-147167-809 Page 3 of 6 (Ea 12/06) G-147167-B99 (Ed 12106) it (1) $15,000;or arises out of any part of those (2) The amount shown in the premises, Declarations for Medical Expense (3) Property loaned to you; Limit (4) Personal property in the care, B. This provision S. (Medical Payments) does not custody or control of the insured, apply if Section I — Coverage C Medical Payments is excludes either by the provisions of (5) That particular part of real property the Coverage Part or by endorsement on which you or any contractors or subcontractors working directly or C. Paragraph 1 a.(3)(2) of Section I— Coverage C— indirectly on your behalf are Medical Payments,is replaced by the following performing operations, if the 'property damage' arises out of those The expenses are incurred and reported to us operations, or within three years of the date of the accident, and 9. NON-OWNED WATERCRAFT (6) That particular part of any property that must be restored, repaired or Under Section I — Coverage A — Bodily Injury and replaced because "your work" was Property Damage, Exclusion 2.g.,subparagraph(2)is incorrectly performed on it deleted and replaced by the following Paragraph (2) of this exclusion does not (2) A watercraft you do not own that is apply if the premises are 'your work' and were never occupied, rented or held for (a) Less than 55 feet long; and rental by you (b) Not being used to carry persons Paragraphs (1), (3) and (4) of this or property for a charge exclusion do not apply to °property 10. NON-OWNED AIRCRAFT' damage' (other than damage by fire) to premises, Exclusion 2.g. of Section I — Coverage A — Bodily Injury and Property Damage, does not apply to an (1) rented to You; aircraft you do not own, provided that (2) temporarily occupied by you with the 1. The pilot in command holds a currently permission of the owner, or effective certificate issued by the duty (3) to the contents of premises rented to constituted authority of the United States of you for a period of 7 or fewer America or Canada, designating that person consecutive days as a commercial or airline transport pilot, 2. it is rented with a trained, aid crew, and A separate limit of insurance applies to p Damage To Premises Rented To You as 3. It does not transport persons or cargo for a described in Section III — Limits Of charge Insurance. 11. LEGAL LIABILITY—DAMAGE TO PREMISES Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability A. Under Section I — Coverage A — Bodily Injury assumed under a sidetrack agreement and Property Damage 2. Exclusions, Exclusion j. is replaced by the following Paragraph (6) of this exclusion does not apply to °property damage' included in "Property damage' to. the °products-completed operations ° (i) Property you own, rent, or occupy, hazard including any costs or expenses B. Under Section 1 — Coverage A — Bodily Injury incurred by you, or any other person, and Property Damage the last paragraph of 2. organization or entity, for repair, Exclusions is deleted and replaced by the replacement, enhancement, following restoration or maintenance of such property for any reason, including Exclusions c, through in. do not apply to damage prevention of injury to a person or by fire to premises while rented to you or damage to another's property, temporarily occupied by you with permission of the owner or to the contents of premises rented to (2) Premises you sell, give away or you for a period of 7 or fewer consecutive days abandon, if the 'property damage' G-147167-B99 Page 4 of 6 (Ed 12/06) G-147167-B99 (Ed 12/06) A separate limit of insurance applies to this 13. NOTICE OF OCCURRENCE coverage as described in Section III — Limits Of Tne following is added to paragraph 2.of Section IV— Insurance. Commercial General Liability Conditions — Duties C. Paragraph 6. Damage To Promises Rented To in The Event of Occurrence,Offense Claim or Suit: You Limit of Section lit— Limits Of Insurance is Your rights under this Coverage Part will not be replaced by the following prejudiced if you fail to give us notice of an 6. Subject to 5, above, (the Each Occurrence °occurrence,' offense, claim or'suit' and that failure is Limit), the Damage To Premises Rented To solely due to your reasonable belief that the 'bodily You Limit is the most we will pay under injury' or °property damage' is not covered under this Section — I — Coverage A for damages Coverage Part However, you shall give written notice because of 'property damage' to any one of tins °occurrence,' offense, claim or °surf" to us as premises while rented to you or temporarily soon as you are aware that this insurance may apply occupied by you with the permission of the to such°occurrence,° offense claim or'suit owner, including contents of such premises 14. UNINTENTIONAL FAILURE TO DISCLOSE rented to you for a period of 7 or fewer HAZARDS consecutive days The Damage To Premises Rented To You Limit is the greater of Based on our reliance on your representations as to a. $200,000, or existing hazards, d unintentionally you should fail to disclose all such hazards at the inception date of your b. The Damage To Premises Rented To policy,we will not deny coverage under this Coverage You Limit shown in the Declarations Part because of such failure D. Paragraph 4.16.(1)(b) of Section IV—Commercial 15. EXPANDED PERSONAL AND ADVERTISING General Liability Conditions is deleted and INJURY replaced by the following. A. The following Is added to Section V—Definitions, (b) That is property insurance for the definition of'personal and advertising injury' premises rented to you or temporarily h. Discrimination or humiliation that results occupied by you with the permission in injury to the feelings or reputation of a 0 of the owner, or natural person, but only if such E. This provision 11. (LEGAL LIABILITY — discrimination or humiliation is, DAMAGE TO PREMISES) does not apply if (1) Not done intentionally by or at the Damage To Premises Rented To You Liability direction of H under Section I —Coverage A is excluded either by the provisions of the Coverage Part or by (a) The insured; or endorsement (b) Any 'executive officer,' director, m 12. BROAD KNOWLEDGE OF OCCURRENCE stockholder, partner, member or manager (if you are a limited The following is added to paragraph 2. of Section IV— liability company) of the insured, General Liability Conditions — Duties and in The Event of Occurrence,Offense,Claim or Suit: You must give us or our authorized representative (2) Not directly or indirectly related to the notice of an 'occurrence,' offense, claim, or °suit' only employment, prospective employment, past employment or when the 'occurrence,' offense, claim or 'suit' is . termination of employment of any known to person or persons by any insured. (1) You, if you are an individual, B. Exclusions of Section i—Coverage B—Personal o (2) A partner, if you are a partnership, and Advertising Injury Liability is amended to (3) An executive officer or the employee include the following designated by you to give such p. Discrimination Relating To Room, Dwelling notice, if you are a corporation, or or Premises (4) A manager, if you are a limited Caused by discrimination directly or indirectly, liability company related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured G-147167-B99 Page 5 of 6 (Ed 12106) G-147167-B99 (Ed 12106) g. Fines Or Penalties 17. EXPECTED OR INTENDED INJURY Fines or penalties levied or imposed by a Exclusion a. of Section I — Coverage A — Bodily governmental entity because of Injury and Property Damage Liability is replaced by discrimination the following C. This provision 15.(EXPANDED PERSONAL AND a. 'Bodily injury' or "property damage` ADVERTISING INJURY COVERAGE) does not expected or intended from the standpoint apply to discrimination or humiliation committeo in of the insured This exclusion does not the states of New York or Ohio Also, EXPANDED apply to °bodily injury" or 'property PERSONAL AND ADVERTISING INJURY damage" resulting from the use of COVERAGE does not apply to policies issued in reasonable force to protect persons or the states of New York or Ohio property i D. This provision 15.(EXPANDED PERSONAL AND 18. LIBERALIZATION CLAUSE ADVERTISING INJURY COVERAGE) does not If we adopt a change in our forms or rules which would apply if Section I— Coverage B —Personal And broaden coverage under this endorsement without an Advertising injury Liability is excluded either by additional premium charge, your policy will the provisions of the Coverage Part or by automatically provide the additional coverages as of endorsement the date the revision is effective in your state 16. BODILY INJURY 19. PROPERTY DAMAGE—ELEVATORS Section V — Definitions, the definition of 'bodily injury'is changed to read With respect to Exclusions of Section I—Coverage A, paragraphs (3), (4) and (6) of Exclusion j. and °Bodily injury' means bodily injury, sickness or disease Exclusion k.do not apply to the use of elevators sustained by a person, including death, humiliation, The insurance afforded by this provision 19. is excess shock, mental anguish or mental injury by that person at any time which results as a consequence of the over any valid and collectible property insurance bodily injury, sickness or disease (including any deducible) available to the insured, and the Other Insurance Condition is changed accordingly. I G-147167-B99 Page 6 of 6 (Ed 12/06)