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HomeMy WebLinkAboutPW12-021 - Original - Gibson Economics, Inc. - Kent Collection Services 2012 Rate Adjustment Review - 02/28/2012 Records managernent-g-t. KENT Document WNSHINGTO4 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: Gibson Economics, Inc. Vendor Number: JD Edwards Number Contract Number: ►�� (� - ©� This is assigned by City Clerk's Office Project Name: Kent Collection Services 2012 Rate Adjustment Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 2/28/12 Termination Date: 2/29/12 3 3 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kelly Peterson Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Review Allied Waste preliminar alcuation _ S•Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 I • 1 j i KENT ; WASHINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Gibson Economics, Inc THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Gibson Economics, Inc., organized under the laws of the State of Washington, located and doing business at 600 15t Avenue, Suite 640 Seattle, Washington 98104 (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: Review Allied Waste Preliminary Calculation of City of Kent Collection Services 2012 Rate Adjustment as described on the attached and incorporated Exhibit A. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by February 29, 2012. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $1,080 (based on an hourly rate of $120/hour for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of CONSULTANT SERVICES AGREEMENT - 1 (Under$10,000) an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT - 2 (Under$10,000) VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. 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 Exhibit B. attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. CONSULTANT SERVICES AGREEMENT - 3 (Under$10,000) XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. CONSULTANT SERVICES AGREEMENT - 4 (Under$10,000) I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: JA-A-A. By: �l /l�✓/C (signature) -P (signature) Print Name: Jol.w A, Er'A4 -,an Print Name: Mike Mactutis Its: Prasi'=L-tmV Its: Environmental Engineering (title) Manager DATE: u1rz DATE: u�iz- NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Gibson Economics, Inc Kelly Peterson 600 15t Avenue, Suite 630 City of Kent Seattle, WA 98104 220 Fourth Avenue South Kent, WA 98032 206-371-1748 (telephone) (253) 856-5547 (telephone) 253 856-6500 facsimile P\Civll\Ries\Open Rles\0177-2012-Public Works General\Gibson Economics Doc 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 2.�-~d day of 2012. By: A G J,G s•w For: 6ibsvt, EGa,,,,.A CS ly1L Title: P Ir"LWeyJ Date: iz EEO COMPLIANCE DOCUMENTS - 1 4 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 Cr t bsev,. G9w4;a-Ry, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the—LSI'` a l? O�cbry. i s , 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 , 2012. BY: f �( � For: G b s� �K�• cs. luc. Title: Date: 411 sJ/2. Payment AuthOrized Project Departn1ent EIS Des � ;.Fti Ell g7ible p Tasks Non-Eligible j } - CITY OFWENT I N EEho,I EEO COMPLIANCE DOCUMENTS - 3 i I I Exhibit A February 21, 2012 Kelly Peterson,AICP Environmental Conservation Supervisor City of Kent Public Works Department Environmental Engineering 220 Fourth Avenue South Kent,WA 98032 Re: Proposed Bocce of Services for Review of Allied Waste Preliminary Calculation of City of scent Collection Services 2012 Rate Adjustment Dear Mr. Peterson. This letter summarizes my understanding of,and proposal for,the above-fisted consulting assistance project for the City of Kent: Gibson Economics, Inc. (the Consultant)will perform a thorough review of the proposed Rate Adjustment Statement that was submitted to the City of Kent(the City)by Allied Waste(the Contractor)in compliance p with the terms of City of Kent Collection Contract Section 3.3.1. The Consultant will identify and document any necessary changes, and confer with representatives of the Contractor and the City, as requested by the City's representative,first to explain topics that may require changes and later to discuss and resolve any questions on specific changes proposed by the Consultant. Specific topics to be included in the review will include: • Location and use of correct Indices • Use of correct index values, e.g., time period of index value • Use of correct base period for comparison • Verification of Contract accuracy of Contractor's spreadsheet calculation formulas • Application of adjustments to correct portions of rates • True-up adjustment for the estimated inflation adjustment used for Contract Year 1 • Conversations/briefings with Contractor and City staff As source documentation,the Consultant will rely on: i)the revised Rate Adjustment Statement spreadsheet submittal from the Contractor to the City, dated February 14,2012, and ii)the final Contract for Collection Services between the Contractor and the City. The Consultant will complete this review and briefings on or prior to February 29,2012. The services will be performed on a time and materials basis at an hourly rate of$120 per hour,with a not-to-exceed limit of$1,080. Sincerely, Jvtv�,A John A. Gibson, President Gibson Economics, Inc. EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work N 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. S. 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. 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 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 Lability. 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 Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. .4C0R� CERTIFICATE OF LIABILITY INSURANCE OP ID RA DATE(MMIDD� 02 23 12 12 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 IMPORTANTIf the certificate holder is an ADDITIONAL INSURED,the po Icy les must a enclorsR. If SUBROGATIONIS 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 endorsements) PRODUCER NAME PHONE Liberty Northwest Insurance (ac,IC_ FAX 1 PO Box 188065 ADDRESS Fairfield OH 45018 CUSTOMERID# GIBSO-9 Phone:888-451-8277 Fax:800-845-3666 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A. American States Insurance 19704 GIBSON ECONOMICS, INC. INSURER 600 1ST AVE STE 630 ' SEATTLE WA 98104 INSURER 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 CONTRACTOR 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 LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDNYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY OICI42310820 12/29/12 12/29/12 PREMISES(Eaoccurrence) $ 1000000 CLAIMS-MADE 11 OCCUR MED EXP(Any one person) $ 10000 X PERSONAL B ADV INJURY $ 1000000 GENERAL AGGREGATE S 2000000 GEN'LAGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG S 2000000 X POLICY JE PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 (Ea accident) A ANY AUTO OICI42310820 12/29/21 22/29/12 BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Par accident) S SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ X NON-OWNEDAUTOS $ $ 4UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION S $ WORKERS COMPENSATION VVC STATU- TH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS I I ER ANY PROPRIETORIPARTNEWEXECUTIVED IA E L EACH ACCIDENT $ OFFICERWEMBER EXCLUDED? (Mandatory In NH) EL DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) CERTIFICATE HOLDER IS AN ADDITIONAL INSURED PER WRITTEN CONTRACT, AGREEMENT OR SCHEDULE, OR PERMIT. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS CITY OF RENT AUTHORIZED REPRESENTATIVE ATTN KELLY PETERSON 220 FOURTH AVENUE SOUTH �� ENT WA 98032 ©1988-2009 ACORD CORPORATION All rights reserved ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD a nSLj ra rice COMMERCIAL GENERAL LIABILITY w CG 76 35 02 07 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ADDITIONAL INSURED — BY WRITTEN lease or occupy, subject to the following CONTRACT, AGREEMENT OR PERMIT, OR additional provisions- SCHEDULE (a) This insurance does not apply to The folloti ing paragraph is added to WHOkS AN any "occurrence" which takes place INSURED (Section II}: after you cease to be a tenant in any premises leased to or rented to 4. Any person or organization shown in the Sched- you, ule or for whom you are requiied by wlltten con- (b) This insurance does not apply to tract, agreement or permit to provide Insurance any structural alterations new con- Is an Insured, subject to the following additional struchon or demolition operations provisions performed by or on behalf of the a. The contract, agreement or permit must be person or organization added as an in effect during the policy period shown in Insured, the Declarations, and must have been exe- (2) Your ongoing operations for that in- cuted prior to the 'bodily injury". "property sured, whether the work is performed damage", or "personal and advertising by you or for you; injury"" (3) The maintenance, operation or use by b. The person or organization added as an in- you of equipment leased to you by such sured by this endorsement is an insured only person or organization subject to the to the extent you are held liable due to: following additional provisions (1) The ownership, maintenance or use of (a) This insurance does not apply to that part of premises you own„ rent, any "occurrence" which takes place after the equipment lease expires, Includes Copyrighted Material of Insurance Services Office, Inc.. with its permission. Copyright, Insurance Services, 2001 Sala«o and & Sako logo are regalened Vadsmanks of Sako Capwaam CG 76 % 02 07 Page i d 4 EP ` (b) This insurance does not apply to This exdUsion applies even if the claims "bodily injury" or "property dam- against any insured allege negligence or age" arising out of the sole negli- other wrongdoing in the supervision, hiring gence of such person or employment, training or monitoring of others organization; by that insured if the "occurrence" which caused the 'bodily injury" or 'property (4) Permits issued by any state or political damage" involved the ownership, mainte- subdivision with respect to operations nance, use of entrustment to others of any performed by you or on your behalf, aircraft, "auto" or watercraft that is owned subject to the following additional pro- or operated by or rented or loaned to any in- vision: sured. This insurance does not apply to "bodily This exclusion does not apply to: injury", '"property damage". or (1} A watercraft while ashore on premises '"personal and advertising injury" arising you awn or rent; out of operations performed for the state or municipality. (2) A watercraft you do not own that is: c. The insurance with respect to any architect, (a) Less than 52 feet long„ and engineer, or surveyor added as an insured (b) Not being used to carry persons or by this endorsement does not apply to property for a charge, "bodily injury", "property damage", or "per- sonal and advertising injury" arising out of (3) Parking an "auto" on, or on the ways the tendering of or the failure to render any next to, premises you own or rent, pro- professional services by or for you, includ- vided the "auto' is not owned by or ing rented or loaned to you or the insured; (1) The preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, drawings, contract for the ownership, mainte- opinions, reports, surveys, change nance or use of aircraft or watercraft; or or- ders, designs or specifications; and (5) "bodily injury" or `property damage" (2) Supervisory, inspection or engineering arising out of, services. (a) the operation of machinery or d. This insurance does not apply to "bodily equipment that is attached to, or part of, a land vehicle that would injury" of "property damage" included within qualify under the definition of the "products-completed operations haz- `4»obile equipment" if it were not and". subject to a compulsory or financial responsibility law or other motor ve- A person's or organizations status as an insured un- hicle insurance law in the state der this endorsement ends when your operations for where it is licensed or principally that insured are completed. garaged, or No coverage will be provided if, in the absence of this (b) the operation of any of the machin- ery or equipment listed in Paragraph endorsement, no liability would be imposed by law on f.(2) or f,(3) of the definition of you, Coverage shall be limited to the extent of your liiobile equipment° negligence or fault according to the applicable princi- ples of comparative fault (6) An aircraft you do not own provided it is not operated by any insured NON-OWNED WATERCRAFT AND NON-OWNED AIRCRAFT LIABILITY TENANTS' PROPERTY DAMAGE LIABILITY Exclusion g. of COVERAGE A (Section 1) is replaced When a Damage To Premises Rented To You Limit is by the following shown in the declarations Exclusion j. of Coverage A, Section I is replaced by the following. g. 'lBodily injury" or 'property damage" arising out of the ownership, maintenance, use or j• Damage To Property entrustment to others of any aircraft, "auto" "Property damage" to, or watercraft owned or operated by or rented or loaned to any insured Use includes oper- (1) Property you own, rent, or occupy, including ation and "loading or unloading". any costs or expenses incurred by you, or Page 2 d 4 any other person, organization or entity, for WHO IS AN INSURED MANAGERS repair„ replacement, enhancement, restora- tion or maintenance of such property for any The following is added to Paragraph 2.a. of WHO IS reason, including prevention of injury to a AN INSURED (Section 11): person or damage to another's property; (2) Premises you sell, give away or abandon, if Paragraph (1) does not apply to executive officers, or the "property damage" arises out of any part to managers at the supervisory level or above. of those premises, SUPPLEMENTARY PAYMENTS — COVERAGES A (3) Property loaned to you; AND B — BAIL BONDS — TIME OFF FROM (4) Personal property in the care, custody or WORK control of the insured; Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — (5) That particular part of real property on which COVERAGES A AND B is replaced by the following. you or any contractors or subcontractors working directly or indirectly on your behalf b. Up to $3,000 for cost of bail bonds required are performing operations, if the 'property because of accidents or traffic law violations damage" anses out of those operations, or arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. (6) That particular part of any property that must We do not have to furnish these bonds be restored repaired or replaced because your work" was incorrectly performed on it. Paragraph 7.d. of SUPPLEMENTARY PAYMENTS — Paragraphs (1), (3) and (4) of this exclusion do COVERAGES A AND B is replaced by the following: not apply to 'property damage" (other than d. All reasonable expenses incurred by the in- damage by fire) to premises, including the con- sured at our request to assist us in the in- tents of such premises, rented to you A separate vestigation or defense of the claim or "suit", limit of insurance applies to Damage To Prem- including actual loss of earnings up to $500 ises Rented To You as described in Section III a day because of time off from work — Limits Of Insurance Paragraph (2) of this exclusion does not apply if EMPLOYEES AS INSUREDS HEALTH CARE the premises are "your work" and were never SERVICES occupied, rented or held for rental by YOU Provision 2.a.(1)(d) of WHO 1S AN INSURED (Section Paragraphs (3), (4), (5) and (6) of this exclusion II) is deleted, unless excluded by separate endorse- do not apply to liability assumed under a side- ment track agreement. Paragraph (6) of this exclusion does not apply to EXTENDED COVERAGE FOR NEWLY ACQUIRED "property damage" included in the 'products- ORGANIZATIONS completed operations hazard Provision 3.a. of WHO IS AN INSURED (Section II) is Paragraph 6, of LIMITS OF INSURANCE (Section III) replaced by the following: is replaced by the following a. Coverage under this provision is afforded 6. Subject to 5. above, the Damage Tb Premises only until the end of the policy period. Rented To You Limit is the most we will pay un- EXTENDED "PROPERTY DAMAGE" der Coverage A for damages because of "property damage" to any one premises, while Exclusion a. of COVERAGE A (Section 1) is replaced rented to you, or in the case of damage by fire. while rented to you or temporarily occupied by by the following you with permission of the owner a. "Bodily injury" or "property damage" expected The Damage To Premises Rented To You limit is the or intended from the standpoint of the insured. g This exclusion does not apply to "bodily bodily injury" higher of the Each Occurrence Limit shown in the or "Ioroperty damage" resulting from the use of Declarations or the amount shown in the Declarations reasonable force to protect persons or property. as Damage To Premises Rented To You Limit CG 76 95 02 07 Page 3 d 4 EP EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street, roadway, waterway, or right-of-way of a railroad Paragraph 3. of DEFINITIONS (Section V) is replaced by the following INCREASED MEDICAL EXPENSE LIMIT 3. "Bodily injury" means bodily injury, sickness or The Medical Expense Limit is amended to $10,000, disease sustained by a person, including mental anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any time. TRANSFER OF RIGHTS OF RECOVERY The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS The following is added to Paragraph 8. Transfer Of (Section IV) Rights Of Recovery Against Others To Us of COM- MERCIAL GENERAL LIABILITY CONDITIONS (Sec- Knowledge of an "occurrence", claim or "suit" by tion IV): your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an We waive any rights of recovery we may have against officer of the named insured has received such notice any person or organization because of payments we from the agent, servant or employee make for injury or damage arising out of your ongoing operations or 'your work" done under a contract with UNINTENTIONAL FAILURE TO DISCLOSE ALL that person or organization and included in the HAZARDS "products-completed operations hazard". This waiver applies only to a person or organization for whom you The following is added to Paragraph 6. Representa- are required by written contract, agreement or permit tions of COMMERCIAL GENERAL LIABILITY CONDI- to waive these rights of recovery. TIONS (Section IV)� AGGREGATE LIMITS OF INSURANCE — PER If you unintentionally fail to disclose any hazards ex- LOCATION isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of For all sums which the insured becomes legally obli- such failure However, this provision does not affect gated to pay as damages caused by "occurrences" our right to collect additional premium or exercise our under COVERAGE A (Section 1), and for all medical right of cancellation or non-renewal, expenses caused by accidents under COVERAGE C (Section 1), which can be attributed only to operations LIBERALIZATION CLAUSE at a single "location" The following paragraph is added to COMMERCIAL Paragraphs 2.a. and 2.b. of Limits of Insurance (Sec- GENERAL LIABILITY CONDITIONS (Section IV): tion III) apply separately to each of your 'locations" owned by or rented to you 10. If a revision to this Coverage Part. which would provide more coverage with no additional pre- "Location" means premises involving the same or mium, becomes effective during the policy period connecting lots, or premises whose connection is in the state shown in the Declarations, your pol- icy will automatically provide this additional cov- erage on the effective date of the revision. a Page 4 d 4