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HomeMy WebLinkAboutPK12-077 - Original - True North Land Surveying, Inc. - Green Tree Park Boundary & Topographic Survey - 02/09/2012 4'lr Records Man ere KEN T Wq$H1 N 0 T 0 N 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: True North Land Surveying, Inc Vendor Number: JD Edwards Number Contract Number: P 09- a97 This is assigned by City Clerk's Office Project Name: Boundary and top for Green Tree Park Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 2/15/2012 Termination Date: 12/31/2012 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Teri Petrole Department: Park Planning & Development Detail: i.e. address, location, parcel number, tax id, etc.): _._._ Consultant Agreement for boundary and topographic survey at Green Tree Park S Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 i KENT WASHINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and True North Land Surveying, Inc. for Green Tree Park THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and True North Land Surveying, Inc. organized under the laws of the State of Washington, located and doing business at 815 S. Weller St, #200; Seattle, WA 98104- 3023; 206-332-0800 (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: Boundary and Topographic Survey at Green Tree Park located at 120th Ave. SE and SE 216th St., Kent, Washington, 98031, as described in the vendor's proposal, dated January 13, 2012, attached and incorporated as Exhibit A. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices 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 45 days of the contract being executed. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Three Thousand, Three Hundred Dollars and no/100 ($3,300.00), plus the cost of the utility locate which is estimated at around $400.00 for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of CONSULTANT SERVICES AGREEMENT- I (Under$10,000) 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 and that 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. 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. 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 CONSULTANT SERVICES AGREEMENT-2 (Under$10,000) volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. 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. CONSULTANT SERVICES AGREEMENT-3 (Under$10,000) r 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, 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. CONSULTANT SERVICES AGREEMENT-4 (Under$10,000) I 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 a operations. IN WITNESS, the parties below execute this Agreement, which shall ; become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: ta• By: (srgnature) (signature) Print Name: Tim Ingraham, PLS Pri Nam Jeff Watling Its: Director Its: Vice President (Title) (Title) DATE: 21102 DATE: I Imo/Z CONSULTANT SERVICES AGREEMENT-5 (Under$10,000) NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Tim Ingraham Brian Levenhagen True North Land Surveying, Inc. City of Kent 815 S Weller St, #200 220 Fourth Avenue South Seattle, WA 98104-3023 Kent, WA 98032 206-332-0800 (telephone) (253) 856-5116 (telephone) 206-332-0802 facsimile (253) 856-6050 (facsimile) Lake Fenwick,True North Land Surveying i i I CONSULTANT SERVICES AGREEMENT-6 (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. 1 5f- zo/L Dated this l — day of I b r ct YB By: r^A�tayv� For: - -u.. Not-i--k LY13 SufVe �h� Title: U[ck [ft L1� rt Date: �.�� 1-20J4- i EEO COMPLIANCE DOCUMENTS - 1 a I 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. i 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-3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date)_, between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-4 LAND SURVEYING, INC. January 13, 2012 Brian Levenhagen City of Kent Parks,Recreation&Community Services 220 Fourth Avenue South P12-03B Kent, WA 98032 Re: Green Tree Park Boundary and Topographic Survey Dear Brian: True North Land Surveying, Inc. is pleased to present this estimate for Surveying Services based on your request. Scope of Services Boundary Survey Locate existing monuments in order to calculate the position of the existing property lines. No property corners will be set per this scope. Topographic Survey We will prepare a signed and stamped site plan which will show: • Existing topography at I' contours (including grade breaks,retaining walls, and rockeries). • Existing buildings, curbs, edges of concrete, asphalt,gravel, and areas of landscaping. • Fences,trees over 6"DBH,driplines and other significant site features. • Utilities—surface features and paint marks (we will contact utility locator to mark underground utilities). • Utilities-as-built storm and sewer structures (obtain pipe type,size and inverts). • Property lines and dimensions. • Names, widths,surfaces of existing streets. Limits of the survey will be to centerline SE 215a'Street/1201h Avenue NE,fence line along east side, centerline of SE 216"' Street, and 15 feet beyond the western most mow line. R1 S 5 WPIlAr Straat Cuita 7n0 Saattla WA QR1043023 t2 0613 3 2-0 800 fax l20613R2-0902 Green Tree Park P12-03 January.13,2012 Boundary/Topo Survey Page 2 The following conditions clar6 the assumptions and limitations of ourscope ofservices: • Vertical and Horizontal Datum will be assumed. • Site benchmark wilt beset. • Cutting of brush in"non landscaped"areas will be permitted if necessary to perform the field survey. Deliverables for this task will be a stamped and signed 2204 drawing(unless otherwise specified) which will show the items listed above. In both hard copy and digital file(AutoCAD). Schedule We anticipate completing the survey within 3 to 4 weeks after receiving notice to proceed. Basic Services Fee The Basic Services compensation will be billed on a time and materials basis with a not to exceed amount of$3300 plus the cost of the utility locate which is estimated at around$400 (the client will be sent a copy of the invoice from the locator service with no mark-up). All fees are due upon receiving deliverables. Approval If the above meets with your approval,please sign below and return one copy of this letter to our office for our files. This scope and fee proposal reflects our understanding of the work at this time. If you feel we do not accurately understand the project,please do not hesitate to let us know. We appreciate the opportunity to submit this proposal. Please contact us if you need additional information. Sincerely, TRUE NORTH LAND SURVEYING, INC. Tim Ingraham, PLS Vice President Accepted by: Date 815 S. Weller Street, Suite 200 Seattle, WA 98104-3023 (206)332-0800 fax (206)332-0802 _a 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. I, 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. - - 'al 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. 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. �'� CERTIFICATE OF LIABILITY INSURANCE z/6/2012rn PRODUCER (303)454-9562 FAX- (303)454-9564 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Assurance Risk Managers, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2851 S. Parker Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Suite 760 Aurora CO 80014 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER Sequoia Insurance Co. C2281 True North Land Surveying, Inc. INSURER Phoenix Insurance Cc 02518 815 S. Weller Street INSURER C National Union Fire Ins Cc 19445 Suite 200 wsURER D Darwin Select Insurance 24319 ISeattlel WA 98104 1 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OFSUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS POLICY EFFEC POLICY NUMBER MMD AINSR ADD TVE POLICYEXPRATION LIMITS LTRR D TYPE NC GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 RENTEDOAMAUE To X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence) $ 300,000 A CLAIMS MADE ❑X OCCURSBP216425-2 3/14/2011 3/14/2012 MED EXP(Any one person) $ 10 0-00 X WaterCra£t Liability PERSONAL&ADV INJURY $ included GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 4,000,000 POLICY X PRO LOC AUTOMOBILE LIABILITY CO BINEDt'INGLE LIMIT $ 1,000,000 X ANY AUTO (Ea B ALL OWNED AUTOS -7694P626-11-GRP 3/14/2011 3/14/2012 BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG S EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 5,000,000 Excludes IS C DEDUCTIBLE EBU081232826 3/14/2011 3/14/2012 Professional IS X RETENTION $ 10,00C Liaballt $ A WORKER$COMPENSATION EMPLOYERS LIABILITY S WRY LIMT- X OTH- AND EMPLOYERS'LIABILITY YiN ANY PRDPRIETOR/PARTNERIEXECUTIVE STOP-GAP ONLY E L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) SBP216425-2 3/14/2011 3/14/2012 EL DISEASE-EA EMPLOYEE $ 1,000,000 If yes,descnbe under SPECIAL PROVISIONS below E L DISEASE-POLICY LIMIT I $ 1,000,000 D OTHER Prof es slonal 03064842 3/17/2011 3/17/2012 Per CLaim $2,000,000 Liability Aggregate $2,000,000 Claims-Made Policy DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project Green Tree Park The City of Rent is Additional Insured with respect to General Liability S Auto Liability. General Liability is Primary and Non-Contributory as respects to the City CERTIFICATE HOLDER CANCELLATION tpetrole@kentwa.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City of Kent Attn: Teri Petrole, Kent Parks, IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Recreation and Community Services REPRESENTATIVES 220 4th Avenue South AUTHORIZED REPRESENTATIVE Kent, WA 98032-5895 f J. Anderson/DAWN ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION All rights reserved INS025(200901)01 The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement The following listing is a general cover- age description only Limitations and exclusions may apply to these coverages Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE—INCREASED LIMIT B. BLANKET ADDITIONAL INSURED 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT C. EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS — INCREASED L. NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS OR LOSS F. HIRED AUTO — LIMITED WORLDWIDE M. BLANKET WAIVER OF SUBROGATION COVERAGE—INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED executed by you before the "bodily injury" or The following is added to Paragraph A.1., Who Is "property damage" occurs and that is in effect An insured, of SECTION 11 — LIABILITY COV- during the policy period, to be named as an addi- ERAGE tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance Any organization you newly acquire or form dur- applies and only to the extent that person or or- ing the policy period over which you maintain ganization qualifies as an "insured" under the 50% or more ownership interest and that is not Who Is An Insured provision contained in Section separately insured for Business Auto Coverage 11 Coverage under this provision is afforded only un- C. EMPLOYEE HIRED AUTO til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- 1. The following is added to Paragraph A.1., ever is earlier. Who Is An Insured, of SECTION 11 — LI- BLANKET ADDITIONAL INSURED ABILITY COVERAGE. The following is added to Paragraph c. in A.1., An "employee" of yours is an "insured" while Who Is An Insured, of SECTION 11 —LIABILITY operating an "auto' hired or rented under a COVERAGE contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a gr[IT1:en co9jr3ct or agreement between you and ness. that person or organization, that is signed and CA T3 53 03 10 02010 The Travelers Indemnity Company Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc with its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., within such country or jurisdiction, for Liability Other Insurance, of SECTION IV — BUSI- Coverage for any covered "auto" that you NESS AUTO CONDITIONS: lease, hire, rent or borrow without a driver for b. For Hired Auto Physical Damage Cover- a period of 30 days or less and that is not an age, the following are deemed to be cov- "auto" you lease, hire, rent or borrow from ered "autos"you own. any of your "employees", partners (if you are a partnership), members (if you are a limited (1) Any covered "auto" you lease, hire, liability company) or members of their house- rent or borrow;and holds. (2) Any covered "auto" hired or rented by (a) With respect to any claim made or "suit" your "employee" under a contract in brought outside the United States of that individual "employee's" name, America, the territories and possessions with your permission, while perform- of the United States of America, Puerto ing duties related to the conduct of Rico and Canada- your business (i) You must arrange to defend the "in- However, any"auto"that is leased, hired, sured" against, and investigate or set- rented or borrowed with a driver is not a tle any such claim or "suit" and keep covered "auto". us advised of all proceedings and ac- D. EMPLOYEES AS INSURED tions. The following is added to Paragraph A.1., Who Is (11) Neither you nor any other involved An Insured, of SECTION 11 — LIABILITY COV- "insured" will make any settlement ERAGE. without our consent Any "employee" of yours is an "insured"while us- (111)We may, at our discretion, participate ing a covered "auto"you don't own, hire or borrow in defending the "insured" against, or in your business or your personal affairs. in the settlement of, any claim or E. SUPPLEMENTARY PAYMENTS — INCREASED "suit" LIMITS (iv)We will reimburse the "insured" for 1. The following replaces Paragraph A.2.a.(2), sums that the "insured" legally must of SECTION II—LIABILITY COVERAGE. pay as damages because of "bodily injury" or "property damage" to which (2) Up to $3,000 for cost of bail bonds (in- this insurance applies, that the "in- cluding bonds for related traffic law viola- sured" pays with our consent, but tions) required because of an "accident" only up to the limit described in Para- we cover We do not have to furnish graph C., Limit Of Insurance, of SEC- these bonds. TION 11 —LIABILITY COVERAGE. 2. The following replaces Paragraph A.2.a.(4), (v) We will reimburse the "insured" for of SECTION II—LIABILITY COVERAGE the reasonable expenses incurred (4) All reasonable expenses incurred by the with our consent for your investiga- "insured" at our request, including actual tion of such claims and your defense loss of earnings up to $500 a day be- of the "insured" against any such cause of time off from work suit", but only up to and included within the limit described in Para- F. HIRED AUTO — LIMITED WORLDWIDE COV- graph C., Limit Of Insurance, of ERAGE—INDEMNITY BASIS SECTION II — LIABILITY COVER- The following replaces Subparagraph (5) in Para- AGE, and not in addition to such limit. graph B.7., Policy Period, Coverage Territory, Our duty to make such payments of SECTION IV — BUSINESS AUTO CONDI- ends when we have used up the ap- TIONS• plicable limit of insurance in pay- (5) Anywhere in the world, except any country or ments for damages, settlements or jurisdiction while any trade sanction, em- defense expenses bargo, or similar regulation imposed by the (b) This insurance is excess over any valid United States of America applies to and pro- and collectible other insurance available hibits the transaction of business with or Page 2 of 4 ®2010 The Travelers Indemnity Company CA T3 53 03 10 Includes copyrighted material of Insurance Services Office,Inc with its permission COMMERCIAL AUTO to the "insured" whether primary, excess J. PERSONAL EFFECTS contingent or on any other basis The following is added to Paragraph AA., Cover- (c) This Insurance is not a substitute for re- age Extensions, of SECTION III — PHYSICAL quired or compulsory insurance in any DAMAGE COVERAGE. country outside the United States, its ter- Personal Effects ritories and possessions, Puerto Rico and Canada We will pay up to $400 for "loss" to wearing ap- You agree to maintain all required or parel and other personal effects which are compulsory insurance in any such coun- (1) Owned by an "insured", and try up to the minimum limits required by (2) In or on your covered "auto". local law. Your failure to comply with This coverage applies only in the event of a total compulsory insurance requirements will theft of your covered "auto" not invalidate the coverage afforded by this policy, but we will only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coverage. had you complied with the compulsory in- K. AIRBAGS surance requirements The following is added to Paragraph B.3., Exclu- (d) It is understood that we are not an admit- sions, of SECTION III — PHYSICAL DAMAGE ted or authorized insurer outside the COVERAGE United States of America, its terntones Exclusion 3.a. does not apply to "loss" to one or and possessions, Puerto Rico and Can- more airbags in a covered "auto" you own that in- ada We assume no responsibility for the flate due to a cause other than a cause of "loss" furnishing of certificates of insurance, or set forth in Paragraphs A.1.b. and A.1.c., but for compliance in any way with the laws of other countries relating to insurance only G. WAIVER OF DEDUCTIBLE—GLASS a If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; The following is added to Paragraph D., Deducti- b. The airbags are not covered under any war- ble, of SECTION III — PHYSICAL DAMAGE ranty, and COVERAGE. No deductible for a covered "auto" will apply to c. The airbags were not intentionally inflated. glass damage if the glass is repaired rather than We will pay up to a maximum of $1,000 for any replaced one"loss" H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF L. NOTICE AND KNOWLEDGE OF ACCIDENT OR USE—INCREASED LIMIT LOSS The following replaces the last sentence of Para- The following is added to Paragraph A.2.a., of graph A 4 b., Loss Of Use Expenses, of SEC- SECTION IV—BUSINESS AUTO CONDITIONS TION ill—PHYSICAL DAMAGE COVERAGE: Your duty to give us or our authorized representa- However, the most we will pay for any expenses tive prompt notice of the "accident" or "loss" ap- for loss of use is $65 per day, to a maximum of plies only when the "accident" or "loss" is known $750 for any one"accident" to I. PHYSICAL DAMAGE — TRANSPORTATION (a) You (if you are an individual), EXPENSES—INCREASED LIMIT (b) A partner(if you are a partnership), The following replaces the first sentence in Para- (c) A member (if you are a limited liability com- graph AA.a., Transportation Expenses, of pany), SECTION III — PHYSICAL DAMAGE COVER- (d) An executive officer, director or insurance AGE. manager (if you are a corporation or other or- We will pay up to $50 per day to a maximum of ganization), or $1,500 for temporary transportation expense in- (a) Any"employee" authorized by you to give no- curred by you because of the total theft of a cov- tice of the"accident" or"loss" ered"auto" of the private passenger type CA T3 53 03 10 02010 The Travelers indemnity Company. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc with its permission COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION such contract The waiver applies only to the The following replaces Paragraph A.5., Transfer person or organization designated in such Of Rights Of Recovery Against Others To Us, contract. of SECTION IV — BUSINESS AUTO CONDI- N. UNINTENTIONAL ERRORS OR OMISSIONS TIONS: The following is added to Paragraph B.2., Con- s. Transfer Of Rights Of Recovery Against cealment, Misrepresentation, Or Fraud, of Others To Us SECTION IV—BUSINESS AUTO CONDITIONS We waive any right of recovery we may have The unintentional omission of, or unintentional against any person or organization to the ex- error in, any information given by you shall not tent required of you by a written contrAQL prejudice your rights under this insurance How- signed and executed prior to any "accident" ever this provision does not affect our right to col- or"loss", provided that the"accident' or"loss" lect additional premium or exercise our right of arises out of operations contemplated by cancellation or non-renewal Page 4 of 4 ®2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance Services Office,Inc with its permission Declaration Number: 001 Policy Number: Effective Date: Page We will pay for the actual loss of Business Income you sustain due to direct physical loss of or damage to Surveyors' Equipment located anywhere in the coverage territory of this policy. The loss or damage must be caused by or result from a Covered Cause of Loss. And,the following is added to Paragraph f. Business Income,(1)(c): Business Income means the Billable Hours that would have been earned or incurred if no physical loss or damage had occurred,but not including any Billable Hours that would likely have been earned as a result of an increase in the volume of business due to favorable business conditions. 31. Extra Expense-Surveyors'Equipment and Rental Reimbursement As respects coverage under this endorsement, and if Extra Expense Coverage has not been deleted from this policy,the following is added to the Businessowners Coverage Form Section I.A.Coverage, Subsection S. Additional Coverages, Paragraph g.Extra Expense, (1): We will pay necessary Extra Expense you incur during the"period of restoration"that you would not have incurred if there had been no direct physical loss or damage to Surveyors' Equipment. The loss or damage must be caused by or result from a Covered Cause of Loss And,the following is added to g.Extra Expense, (2) Extra Expense includes expense incurred for the rental of replacement Surveyors'Equipment for due to direct physical loss of or damage to Surveyors'Equipment. The loss or damage must be caused by or result from a Covered Cause of Loss. 32. Additional Insured by Contract As respects coverage under this endorsement,the following is added to the Businessowners Coverage Form Section II -LIABILITY,Subsection C Who is an Insured, Paragraph 2. Any person or organization that you agree to add as an insured under this Liability Coverage Part in a written contract or agreement that is made before, and in effect when,the"bodily injury"or"property damage'occurs or the offense that causes the"personal injury'or"advertising injury" is first committed, but only with respect to that person's or organization's liability arising out of"your work"for that person or organization. 33. Aggregate Limits per Project As respects coverage under this endorsement,the Businessowners Coverage Form Section II—LIABILITY is amended as follows Under Paragraph D.4.b Liability and Medical Expenses Limits of Insurance,the aggregate limit for all "bodily injury"and"property damage"other than"bodily injury"or"property damage" included in the "products-completed operations hazard"applies separately to each of your projects away from premises owned by or rented to you A separate aggregate will apply for projects at premises owned by or rented to you. 34, Waiver of Subrogation As respects coverage under this endorsement,the following is added to the Businessowners Coverage Form SECTION III—COMMON POLICY CONDITIONS(APPLICABLE TO SECTION I—PROPERTY AND SECTION II—LIABILITY), Paragraph K.Transfer of Rights of Recovery Against Others to Us, Subparagraph 2.Applicable to Businessowners Liability Coverage However,we waive any right of recovery and proceeds we may have against any person or organization that is added as an additional insured under Section 11 -LIABILITY, Subsection C.Who is an Insured, Paragraph 2.,because of payments we make for"bodily injury,""property damage,""personal injury"or "advertising injury"arising out of"your work"in ongoing operations or included in the"products-completed operations hazard"; and performed under a written contract or agreement that is made before, and in effect when,the"bodily injury"or"property damage"occurs or the offense that causes the"personal injury or"advertising injury"is first committed;and you specifically agree in such written contract or agreement to waive those rights of recovery and proceeds for such person or organization SEQ 15 99 (12-04) ®2004 Sequoia Insurance Company Page 8 of 9 Includes copyrighted material of Insurance Services Office, Inc.with its permission.