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HomeMy WebLinkAboutPK12-238 - Original - Pro-Tection - Furnish & Install Solar/Security Window - 10/01/2012 Records Ma pa� ' emeri ENT IC Document NIhS HINGTON 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: PRO-TECTION Vendor Number: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Court Remodel Project Furnish & Install Solar/Security Window Film Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 10/01/12 Termination Date: 10/31/12 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Nancy Clary Department: Parks Facilities Detail: (i.e. address, location, parcel number, tax id, etc.): 5 Pubhc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KE O T WA9"IMOTOM GOODS & SERVICES AGREEMENT between the City of Kent and PRO-TECTION THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and PRO-TECTION organized under the laws of the State of Washington, located and doing business at 8814 122"d Ave N.E., 425 827-5051, Ron Best (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: PRO-TECTION will Furnish and Install Solar/Security Film N1040 4 mil to all exterior facing windows at the City of Kent Municipal Court located at 1220 Central Avenue South, Kent, in accordance with the Quotation dated 08130112, which is attached as Exhibit A. Vendor acknowledges and understands that it is not the CI s exclusive provider of these 9 tY goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services within 30 days. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $6,555.65, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS &SERVICES AGREEMENT- 1 Net 30 Upon Completion invoice, all notify Vendor and reserves If the Cityobjects to all or an portion of an inv , it shall fy J Y 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. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 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 Vendor 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 Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor 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 Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required GOODS &SERVICES AGREEMENT - 2 by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor 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. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the Information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. GOODS &SERVICES AGREEMENT- 3 A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and S. An analysis of the progress schedule showing the schedule change or i disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDORS ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. GOODS &SERVICES AGREEMENT - 4 ,I X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on i behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor 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. XI. INDEMNIFICATION. Vendor 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 Vendor'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 Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'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 Vendor 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 Vendor's part, then Vendor 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 Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor 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. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor 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 Vendor's own risk, and Vendor 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. XIV. 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. GOODS & SERVICES AGREEMENT - 5 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 XI 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 Vendor. 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 Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS &SERVICES AGREEMENT - 6 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. VENDOR: CITY OF KENT: t i By: ��/�.(.�1.<i By: i (signature) (signature) Print Name: C e 4-� / rose Prin a Jeff Watling Its: l _Ar Its: Director, Park , ecreation and (tine) Community Services DATE: �7, DATE: to(( (cZ NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Ron Best Alex Ackley, Parks Facilities Superintendent PRO-TECTION City of Kent 8814 122ND Ave N.E. 220 Fourth Avenue South Kirkland, WA 98033 Kent, WA 98032 425 827-5051 (telephone) (253) 253 856-5081 (telephone) 425 827-0644 (facsimile) (253) 253 856-6080 (facsimile) PRO-TE=N Goods and 5arvkes Amen[ GOODS &SERVICES AGREEMENT - 7 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. `I 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 ZS ' day of .�� 20 /2, By: Jeeei �— For: ,�.I(.P,Lt-v►'Z l,GG Title: Date: CCfI f`f1MD1 TA N1f^C Mr%r11MCNITC . i nf'i PRO TEC'T ION QUOTATION r DATE 4ni4r8bcuvr1y Wmd,nvSllgn-ti)Ili She,le,-Sabot calpN xum... TO V ! VwN_ fc[?._- 8814.122nd Ave N E JZy (425)92M051+ t'r,(425)820-064•1 rors t Cl�D f+� T www.prolectionseattie umi +stopfade4timi,ioi com ��77 PHONIL _-�- ;Dtsu,'rri F.vmnrR ___-..- ---- - wiu.cw. Itru-niFM --- % E ARE PLEASED'10�NLJN IT OUT QUOTATION FOR THE POLLO%k ING UNIT PRICK i f�F�4Q bt!922 i��jM SIGNA ru11r ACCEPTANCE OF PROPOSAL— The above pric o,specifications and-auditions are satisfactory and herebv accepted You arcs authorized tr>do lh+,work as specified, Payment is doe upon completion of job, Custorrlet Date of Acceptance,_________ Signature _�.-- EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued ) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on ail policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 09/25/2012 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(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER CONTACT NAME RUSH DRAKE INSURANCE, INC. PAIC'HONE 206.363.0550 ac,No 206.365.0699 HO E E# 12354 LAKE CITY WAY N.E. E-MAIL ADDRESS P. 0. BOX 27167 INSURER(S)AFFORDING COVERAGE NAIC9 SEATTLE, WA 98165-1567 INSURER American States Ins. Co 19704 INSURED PRO-TECTION SEATTLE INC INSURER American States Insurance Co. 42203 SE 168TH ST INSURER PO BOX 2177 INSURER NORTH BEND, WA 98045 INSURERE INSURER F COVERAGES CERTIFICATE NUMBER: 12/13 GL, Auto Umb 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 IN R TYPE OF INSURANCE POLICY EFF I LIMITS LTR INSR WVO POLICY NUMBER N YYYY FOLIC EXP GENERAL LIABILITY OICG3836360 07/10/2012 07/10/2013 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 200,000 CLAIMS-MADE a OCCUR MED EXP(Any one person) $ 10,000 A X Stop Gap $1 Mill X PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY PRO LOD $ JECT AUTOMOBILE LIABILITY 01CG3836360 07110/2012 07/10/2013 Ea accident $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED $ AUTOS Per accident a X UMBRELLA LIAR X OCCUR 01SU4005706 07/10/2012 07/10/2013 EACH OCCURRENCE $ 1,000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED I X RETENTION$ 10,00 $ WORKERS COMPENSATION A - I CTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS I I ER ANY PROPRIETOR/PARTNERIEXECUTIV E L EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? N I A (Mandatory In NH) ED EL DISEASE-EA EMPLOYEE $ If yyes,describe under DESCRIPTION OF OPFRATIONS below E L DISEASE-POL!CY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) The Ciy of Kent, Kent Municipal Court is named as Additional Insured Endorsements attached. 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 Kent Kent Municipal Court AUTHORIZEDREPRESENTA lent Central Ave Kent, WA 98030 ©19 -2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD CG 76 80 10 02 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Kent, Municipal Court (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) SECTION 11 — WHO IS AN INSURED is amended you. Coverage shall be limited to the extent of your to include as an additional insured the person or negligence or fault according to the applicable pnncl- organization shown in the Schedule subject to the pies of comparative fault. following provisions 1. The additional insured is an insured but only for The insurance provided will not exceed the lesser of: liability directly resulting from: a. The coverage and/or limits of this policy, or a. your ongoing operations for the additional in- b. The coverage and/or limits required by the sured whether the work is performed by you contract, agreement or permit or for you; or With respect to the insurance afforded the additional b. the general supervision of your ongoing op insured, paragraph 4 of SECTION IV — COMMER- erations by the additional insured. CIAL GENERAL LIABILITY CONDITIONS 1s de- 2. This insurance does not apply to. leted and replaced by the following: a. 'Bodily injury" or `property damage" arising 4. Other Insurance out of any act or omission of, or for defects a. This insurance is primary and noncontrlb- in design furnished by or for, the additional utory, and our obligations are not affected by insured or any other insurance where the additional in- b. "Bodily injury" or "property damage" 1n. sured is the Named Insured, whether pr1- cluded within the "products-completed oper- mary, excess, contingent, or on any other atfons hazard " basis, however, the defense of any claim or "suit" must be tendered as soon as practi- A person's or organization's status as an additional cable to all other insurers which potentially insured under this endorsement ends when your op- provide insurance for such claim or "suit" erations for that insured are completed, b. This additional provision applies only to the additional insured shown in the Schedule No coverage will be provided if, in the absence of this and the coverage provided by this endorse- endorsement, no liability would be imposed by law on ment. CG 76 80 10 02 EP Insurance COMMERCIAL GENERAL LIABILITY ® CG 86 74 10 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following, COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Kent, Municipal Court DUTY TO DEFEND (1) The amount we will pay for damages is limited as described in SECTION III — Paragraph a. of SECTION I — COVERAGE A and LIMITS OF INSURANCE; and COVERAGE B is replaced by the following: (2) Our right and duty to defend ends when a. We will pay those sums that the insured be- we have used up the applicable limit of comes legally obligated to pay as damages insurance in the payment of judgments because of "bodily injury", "properly or settlements under COVERAGES A damage" or `personal injury and advertising or B or medical expenses under COV- injury" to which this insurance applies We ERAGE C. will have the right and duty to defend the m- No other obligation or liability to pay sums or sured against any "suit" seeking those dam- perform acts or services is covered unless ex- ages. Our duty to defend begins once you notify us of a "suit" as described in SEC- plicitly provided for under SUPPLEMENTARY TION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS, 2.b However, we will have no duty to defend the insured EMPLOYERS LIABILITY against any "suit" seeking damages for The last paragraph of exclusion e. of SECTION I — 'bodily injury', "property damage", or "personal injury or advertising injury" to COVERAGE A is replaced by the following: which this insurance does not apply We This exclusion does not apply to liability assumed may, at our discretion, investigate any by the insured under an `Insured contract" ex- "occurrence" and settle any claim or "suit" cept for that part of a contract or agreement that that may result. But indemnefies any person or organization for their sole liability S*W am'-"8816M logo ire repn*ea o AMWka or SO= Cap=ft CG 86 74 10 02 Page 1 of 5 EP •M I VTI.,M MI\17M.I,Q111 M I,1 n ADDITIONAL INSURED — BY WRITTEN CON- This insurance does not apply to "bodily TRACT, AGREEMENT OR PERMIT, OR SCHED- injury", `property damage", or ULE "personal and advertising injury" arising out of operations performed for the state The following paragraph is added to SECTION II — or municipality, WHO IS AN INSURED: c. The insurance with respect to any architect, 4. Any person or organization shown in the Sched- engineer, or surveyor added as an insured ule or for whom you are required by written con- by this endorsement does not apply to tract, agreement or permit to provide insurance "bodily injury", "property damage", or is an insured, subject to the following additional "personal and advertising injury" arising out provisions: of the rendering of or the failure to render any professional services by or for you, in- a. The contract, agreement or permit must be cluding: in effect during the policy period shown in the Declarations, and must have been exe- (1) The preparing, approving, or fading to cuted prior to the "bodily injury", 'property prepare or approve maps, drawings, damage", or "personal and advertising opinions, reports, surveys, change or- Injury". ders, designs or specifications; and b. The person or organization added as an in- (2) Supervisory, inspection or engineering sured by this endorsement is an insured only services. to the extent you are held liable due to: d. This insurance does not apply to "bodily (1) The ownership, maintenance or use of injury" or "property damage" included within that part of premises you own, rent, the "products-completed operations lease or occupy, subject to the following hazard". additional provisions. e. A person's or organization's status as an in- (a) This insurance does not apply to sured under this endorsement ends when any "occurrence" which takes place your operations for that insured are com- after you cease to be a tenant in pleted any premises leased to or rented to f. No coverage will be provided K, in the ab- you; sence of this endorsement, no liability would (b) This insurance does not apply to be imposed by law on you. Coverage shall any structural alterations, new con- be limited to the extent of your negligence struction or demolition operations or fault according to the applicable principles performed by or on behalf of the of comparative fault. person or organization added as an g. The defense of any clan or "suit" must be insured; tendered as soon as practicable to all other (2) Your ongoing operations for that in- insurers which potentially provide insurance sured, whether the work is performed for such claim or "suit". by you or for you; h. The insurance provided will not exceed the (3) The maintenance, operation or use by lesser of: you of equipment leased to you by such (1) The coverage and/or limits of this policy, person or organization, subject to the or following additional provisions (2) The coverage and/or limits required by (a) This insurance does not apply to said contract, agreement or permit. any "occurrence" which takes place after the equipment lease expires; NON-OWNED WATERCRAFT AND NON-OWNED (b) This insurance does not apply to AIRCRAFT LIABILITY "bodily injury" or 'property damage" arising out of the sole Exclusion g. of SECTION 1 — COVERAGE A is re- negligence of such person or or- placed by the following: ganization; g. "Bodily injury" or "property damage" arising (4) Permits issued by any state or political out of the ownership, maintenance, use or subdivision with respect to operations entrustment to others of any aircraft, "auto" performed by you or on your behalf, or watercraft owned or operated by or rented subject to the following additional pro- vision: Page 2 of 5 or loaned to any insures Use includes oper- "Property damage" to, ation and 'loading or unloading". (1) Property you own, rent, or occupy, in- This exclusion applies even if the claims cluding any costs or expenses incurred against any insured allege negligence or by you, or any other person, organiza- other wrongdoing in the supervision, hiring, tion or entity, for repair, replacement, employment, training or monitoring of others enhancement, restoration or mainte- by that insured, if the "occurrence" which nance of such property for any reason, caused the 'bodily injury" or "property including prevention of injury to a per- damage" involved the ownership, mainte- son or damage to another's property; nance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned (2) Premises you sell, give away or aban- or operated by or rented or loaned to any in- of anyy don, the "property damage" apses out sured. part of those premises; This exclusion does not apply to: (3) Property loaned to you; (1) A watercraft while ashore on premises (4) Personal property in the care, custody you own or rent; or control of the insured; (2) A watercraft you do not own that Is: (5) That particular part of real property on which you or any contractors or sub- (a) Less than 52 feet long, and contractors working directly or indirectly (b) Not being used to carry persons or on your behalf are performing oper- property for a charge; ations, if the "property damage" arises out of those operations, or (3) Parking an "auto" on, or on the ways next to, premises you own or rent, pro (6) That particular part of any property that vided the "auto" is not owned by or must be restored, repaired or replaced rented or loaned to you or the insured; because "your work" was incorrectly performed on it. (4) Uability assumed under any "insured contract" for the ownership, mainte- Paragraphs (1), (3) and (4) of this exclusion nance or use of aircraft or watercraft; or do not apply to "property damage" (other than damage by fire) to premises, including (5) °Bodily injury" or "property damage" the contents of such premises, rented to ansing out of- you A separate limit of insurance applies to (a) the operation of machinery or Damage To Premises Rented To You as equipment that is attached to, or described in SECTION III — LIMITS OF part of, a land vehicle that would INSURANCE. Paragra0l (2) of this exclu- qualify under the definition of sion does not apply if the premises are "your "mobile equipment" if it were not work" and were never occupied, rented or subject to a compulsory or financial held for rental by you. responsibility law or other motor ve- Paragraphs (3), (4), (5) and(6) of this exclu- hicle insurance law in the state — sion do not apply to liability assumed under— where it is licensed or principally a sidetrack agreement. garaged; or Paragraph (6) of this exclusion does not ap- (b) the operation of any of the machin- ply to "property damage" included in the ery or equipment listed in Paragraph "products-completed operations hazard". f.(2) or f.(3) of the definition of "mobile equipment" Paragraph 6. of Section III is replaced by the follow- (6) An aircraft you do not own provided it Is ing: not operated by any insured. 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we TENANTS'PROPERTY DAMAGE LIABILITY will pay under COVERAGE A for damages be- cause of "property damage" to any one prem- When Damage To Premises Rented To You Limit Is ises, while rented to you, or in the case of shown in the Declarations, SECTION I — COVER- damage by fire, while rented to you or temporar- AGE A, exclusion j., is replaced by the following: ily occupied by you with permission of the owner. j. Damage To Property CG 86 74 12 07 Page 3 015 EP The Damage To Premises Rented To You Limit is the a. "Bodily injury" or "property damage" ex- higher of $200,000 or the amount shown in the Dec- pected or intended from the standpoint of the larations as Damage To Premises Rented To You insured. This exclusion does not apply to Limit. "bodily injury" or "property damage" result- ing from the use of reasonable force to pro- WHO IS AN INSURED — MANAGERS tect persons or property. The following is added to Paragraph 2.a. of SECTION INCREASED MEDICAL EXPENSE LIMIT II — WHO IS AN INSURED: The medical expense limit is amended to $10,000. Paragraph (1) does not apply to executive officers, or to managers at the supervisory level or above. KNOWLEDGE OF OCCURRENCE SUPPLEMENTARY PAYMENTS — COVERAGES A The following is added to Paragraph 2. SECTION IV AND B — BAIL BONDS — COMMERCIAL GENERAL LIABILITY , CONDITIONS Duties In The Event Of Occurrence, Paragraph 1.b. of SUPPLEMENTARY PAYMENTS Offense, Claim Or Suit of: — COVERAGES A AND B is replaced by the follow- ing: Knowledge of an "occurrence", claim or "suit" by b. Up to $3,000 for cost of bail bonds required your agent, servant or employee shall not in itself because of accidents or traffic law violations constitute knowledge of the named insured unless an ansing out of the use of any vehicle to which officer of the named insured has received such notice the Bodily Injury Liability Coverage applies. from the agent, servant or employee. We do not have to furnish these bonds. INSURED CONTRACT SUPPLEMENTARY PAYMENTS — COVERAGES A The following definition is added to SECTION V — AND B — INDEMNITEES AND ADDITIONAL IN- SUREDS DEFINITIONS, Definition 9. "insured contract" par- agraph f.: Paragraph 21(1) (d) of SUPPLEMENTARY PAY- (4) That part of any contract or agree- MENTS — COVERAGES A AND B is replaced by ment that indemnifies any person the following: or organization for the fndemnftee's (d) Cooperate with us with respect sole tort liability. to coordinating other applicable OTHER INSURANCE insurance and self-insured retention available to the fn- The first paragraph of Other Insurance of SECTION demnftee; and IV — COMMERCIAL GENERAL LIABILITY CON- EMPLOYEES AS INSUREDS — HEALTH CARE DITIONS is replaced with the following- SERVICE _ _ _ N other valid and collectible insurance, or-any self-in- Paragraph 2.a.(1) d. of SECTION 11 — WHO IS AN sured retention, is available to the insured for a loss INSURED is deleted, unless excluded by separate we cover under COVERAGE A or B of this Coverage endorsement Part, our obligations are limited as follows: EXTENDED COVERAGE FOR NEWLY ACQUIRED METHOD OF SHARING ORGANIZATIONS The second paragraph of 4.c. Method of Sharing of Paragraph 3.a. of SECTION 11 — WHO IS AN IN- SECTION IV — COMMERCIAL GENERAL LIABIL- SURED is replaced by the following: ITY CONDITIONS is replaced with the following: a. Coverage under this provision is afforded If any of the other insurance does not permit contn- only until the end of the policy period. bution by equal shares or is subject to a self-insured retention, we will contribute by limits Under this EXTENDED "PROPERTY DAMAGE" method, each insurer's share is based on the ratio of its applicable limit of insurance or self-insured re- Exclusion a. of SECTION I — COVERAGE A is tention or both combined to the total applicable limits amended to read- Page 4 of 5 of insurance of all insurers and the amount of any our right to collect additional premium or exercise our self-insured retention. right of cancellation or non-renewal. UNINTENTIONAL FAILURE TO DISCLOSE ALL LIBERALIZATION CLAUSE HAZARDS The following paragraph is added to SECTION IV — The following is added to Paragraph 6. Representa- COMMERCIAL GENERAL LIABILITY CONDI- tions of SECTION IV — COMMERCIAL GENERAL TIONS: LIABILITY CONDITIONS: 10. If a revision to this Coverage Part, which would If you unintentionally fail to disclose any hazards ex- provide more coverage with no additional istmg at the inception date of your policy, we will not premium, becomes effective during the policy deny coverage under this Coverage Form because of period in the state shown in the Declarations, such failure. However, this provision does not affect your policy will automatically provide this addi- tional coverage on the effective date of the re- vision. P#i CG 86 74 12 07 Page 5 of 5 EP