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HomeMy WebLinkAboutPK13-186 - Original - Northwest Landscape Services - Stump/Tree Removal - 07/12/2013 -- Records Nlipm- Age' mZKENTDocument WASHINGTON 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: Northwest Landscape Services Vendor Number: JD Edwards Number Contract Number: ()K)3 - l B G This is assigned by City Clerk's Office Project Name: Stump/Tree Removal Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: 7- /2 - /3 Contract Effective Date: Upon Sign. 7/2013 Term. Date: 30 days after signature Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Quientin Poil (tp) Department: Park Operations Detail: (i.e. address, location, parcel number, tax id, etc.): S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 ,fi KENT WASHINGTON PUBLIC WORKS AGREEMENT between City of Kent and Northwest Landscape Services THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Northwest Landscape Services (NLS) P.O. Box 864 Woodinville, WA 98072 (425-481-0919) organized under the laws of the State of Washington, located and doing business at (hereinafter the "Vendor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Stump/tree removal: Project includes the removal of stumps and replacement of street trees located in the downtown area. Downtown area includes, south of James to Willis Street and East from Central to Washington. The project is broken up into various work sites and street sites throughout the city. All work sites require locate for all utilities before any work to be done. Contractor will use the City of Kent Street Tree installation standard spec 6-55 included in this proposal. Any damage done to concrete, tree grates/frames, electrical or irrigation and any turf areas at any of the work sites will be under the responsibility of the contractor to correct damage and put back to City Standard Where trees are replaced and planted the contractor is responsible for watering during the dry months of May 31s`to October I" for a two year cycle. Watering consists of once a week during that time. Trees will be checked periodically by City Arborist to make sure trees are receiving proper watering service. All trees need to meet the 1 1/4 "- 2" caliper on placement. In areas where stumps are removed and no trees are being replaced, contractor will need to replace void with top soil and set to surrounding grade Right of Way Trees and Stump Removal Street Tree Pits/Removal—Replacement: Remove stumps from tree pits and replace with assigned species. Gowe Street (a' Centennial Building(400 west Gowe St) • Remove 3 stumps replace w/Pacific Sunset Maple(Acer truncatum x Acer plantanoides `Warrenred) 1"AVE Plaza (a, 2191"AVE S. • Remove stump replace w/ Chanticleer Pear (Pyrus calleryana `Glens Form') Meeker Street between 2"d Ave and 41h Ave (total of 4 tree pits) • 2 pits on Southside Meeker West of 2"d Ave. Remove Stumps and replace trees w/ Crimson Spire Oak (Quercus alba x Quercus robur `Crimschmidt' or Skyrocket Oak (Quercus robur PUBLIC WORKS AGREEMENT- 1 (Roadway/Pedestrian Path- Under$10K and No Performance Bond) `Fastigiata') • 1 pit on South side Meeker at Kent Cafe. Remove stump replace w/ Crimson Spire Oak(Quercus alba x Quercus robur `Crimschmidt' or Skyrocket Oak(Quercus robur `Fastigiate') • 1 pit North side Meeker at Maggie's. Remove stump replace w/ Crimson Spire Oak(Quercus alba x Quercus robur `Crimschmidt' or Skyrocket Oak (Quercus robur `Fastigiata') Central Ave (i , No One No Restaurant 105 Central Ave N • 1 pit on West side Central remove stump Replace with Frans Fontaine Hornbeam (Carpinus betulus `Frans Fontain') Lions Skate Park @ 836 West Smith St • 1 Pit remove stump replace with Spire Cherry(Prunus x hillier `Spire) James st @ middle entrance to Kent Station • 1 pit remove stump replace with Tupelo (Nyssa sylvatica) Railroad Ave West side C 114 Railroad Ave N (tree replacement only)* • Plant missing trees in pits (3 total). Plant with Tschonoskii crabapple(Malus tschonoskii) Stump Removal no replacement(Stumps in the right of way) Burlington Park @ 114 Railroad Ave • Remove 4 stump along Railroad Ave Westside. (no replacement) Corner of Gowe and 2"d Ave • Remove stump between sidewalk and gutter. 1st Ave. West side on 1" iust South of Titus north along parking lot • Remove stump next to sidewalk. Gowe Street A 216 and 211 • Remove stumps Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I within 30 days of the contract being executed. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Twenty Three Thousand Seven Hundred Eighty Four Dollars and 49 Cents (23,784.49) Washington state sales Tax included. Applicable Washington State Retail Sales Tax on this contract shall be governed by WAC 458-20- 171 and its related rules for the work contemplated in this Agreement. The City shall pay the Contractor fifty percent (50%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this Agreement. A. No Performance Bond. Because this contract, including applicable sales tax, is less than $25,000, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a performance bond. has elected to have the owner retain the final fifty percent (50%) of the Contract amount for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. PUBLIC WORKS AGREEMENT-2 (Roadway/Pedestrian Path- Under$10K and No Performance Bond) B. Defective or Unauthorized Work The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor 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 Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. C. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Contractor 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. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a"Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage PUBLIC WORKS AGREEMENT-3 (Roadway/Pedestrian Path- Under$10K and No Performance Bond) rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is _ attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor 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 Contractor'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 Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or(3) not protesting in the way this section provides. A change order that is accepted by Contractor 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. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor 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 Contractor 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 Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. PUBLIC WORKS AGREEMENT-4 (Roadway/Pedestrian Path- Under$10K and No Performance Bond) At a minimum, a Contractor'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. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor'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 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor 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 Contractor'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. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor 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 Contractor 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 Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR 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 CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the City a one- year warranty bond in a form and amount acceptable to the City. The Contractor 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 parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts PUBLIC WORKS AGREEMENT-5 (RoadwayiPedestrian Path- Under$10K and No Performance Bond) 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 Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor 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. Contractor 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. XII. INDEMNIFICATION. Contractor 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 Contractor'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 Contractor'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 Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'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. XIII. INSURANCE. The Contractor 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. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor 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 Contractor's own risk, and Contractor 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. XV. MISCELLANEOUS PROVISIONS. PUBLIC WORKS AGREEMENT-6 (RoadwayiPedestrran Path- Under$IOK and No Performance Bond) 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 Governinz 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 XII 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 Contractor. 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. PUBLIC WORKS AGREEMENT-7 (Roadway/Pedestrian Path- Under$10K and No Performance Bond) H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal v laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By: 4j4By: <�2 (signature) (signature) Print Name: Ryan Seeberizer mt IN, e.)� 3eff'd�attrrr f �O� Its: Enhancement Supervisor Its. Pa*B etor Title) Mile) DATE: !i% 7 27,013 DATE: / NOTICES TO BE SENT TO: NOTIC S TO BE SENT TO: CONTRACTOR: CITY OF KENT: Ryan Seeberger Quientin Poil Enhancement Supervisor City of Kent Northwest Landscape Services 220 Fourth Avenue South P.O. Box 864 Kent, WA 98032 Woodinville, WA 98072 (253) 856-5127 (telephone) PH — 425-481-0919 (253) 856-6120 (facsimile) Cell — 425-864-3137 ryansOnlswa.com FAX — 425-485-9601 Hohday Carousel Duchess Construction,Inc I PUBLIC WORKS AGREEMENT-8 (Roadway/Pedestrian Path- Under$IOK and No Performance Bond) 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 Z7 day of j4-4,1-e— , 2013 By: lx4- For: lyn t 4iVr4«P 58�Cey Title: G — pp�&(scx- Date: �,67� 7 Leo 13 EEO COMPLIANCE DOCUMENTS- 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE- January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 2013. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS 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. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. 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 Additional Insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. All endorsements adding Additional Insureds shall be issued on form CG 20 10 11 85 or a form deemed equivalent,. providing the Additional Insureds with all policies and endorsements set forth in this section. 2. 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. 3. 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. Commercial General Liability insurance shall be written with minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any EXHIBIT B (Continued) combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 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: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Contractor's Insurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. EXHIBIT B (Continued) E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. G. 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 Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. 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. 7 ® DATE(MM/DWYYYY) �►�o CERTIFICATE OF LIABILITY INSURANCE 07/09/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) CONTACT PRODUCER NAME Parker,Smith&Feek, Inc ?�ON xt 425-709-3600 aVC Not425-709-7460 2233 112th Avenue NE E-MAIL Bellevue,WA 98004 ADDRESS INSURER IS)AFFORDING COVERAGE NAIC A INSURERA Valley Forge Insurance Company INSURED INSURER Continental Insurance Co Northwest Landscape Services of Washington,LLC INSURER C Transportation Ins Co P O Box 864 INSURER D Woodinville,WA 98072 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER' REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS EXP INSR TYPE OF INSURANCE ADDL SUE POLICY NUMBER MM/DD/YYYY MMODPOLICY EFFY/YYYY LIMITS LTR A GENERAL LIABILITY C4020081217 10/15/2012 10/15/2013 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED $ 300,000 COMMERCIAL GENERAL LIABILITY X X PREMISES Ea occurrence CLAIMS-MADE FxI OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO X LOC $ B AUTOMOBILE LIABILITY C4120081220 10/15/2012 10/15/2013 COMBINED SINGLE LIMIT 1,000,000 Ea accident) X ANY AUTO X X BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Peracadent C UMBRELLA LUIB X OCCUR C4020081203 10/15/2012 10/15/2013 EACH OCCURRENCE $ 5,000,000 X EXCESSLIAB CLAIMS MADE X X AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION C4020081217 WC STATU- X OTH- A AND EMPLOYERS'LIABILITY YIN 10/15/2012 10/15/2013 ANY PROPRIETORIPARTNERIEXECUTIVE❑ ��WA Stop Gap E L EACH ACCIDENT $ 1 OOD,000 OFFICER/MEMBER EXCLUDED N I A (Mandatory in NH) E L DISEASE-EA EMPLOYEE $ 1,000,000 If yes describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) RE Stump/Tree Removal City of Kent is Included as an Additional Insured per endorsements G-140331-C 10-10(GL),CA 00 01 03 10 pgs 2-3 of 12,and G- 15057-C 06-05 pg 7 of 17(Excess)attached Coverage Is Primary and Non-Contributory per G-140331-C 10-10(GL),CA 00 01 03 10 pg 9 of 12,and G-300429- A 11-07(Excess) Waivers of Subrogation apply per CG2404 05-09(GL),CA 04 44 03 10(Auto),and G48437A 10-11 (Excess) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS Attn Qulentin Poll 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent,WA 98032 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD POLICYNUMBER C4 02 0 0 8122 0 COMMERCIAL AUTO CA 04 44 0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to overage provided by this endorsement,the provisions of the Coverage Farm apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name(s)Of Person(s)Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT X REQUIREMENT PRIOR TO LOSS. aInformation required to complete this Schedule,if not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the 'loss" under a contract with that person or organization. ttt� 0 CA 04 44 0310 Copyright,Insurance Services Office,Inc.,2009 Page 1 of 1 Policy Number. C4020081220 19 Mobile Only those"autos"that are land vehicles and that would qualify under the definition of Equipment "mobile equipment"under this policy if they were not subject to a compulsory or Subject To financial responsibility law or other motor vehicle insurance law where they are Compulsory Or licensed or principally garaged. Financial Responsibility Or Other Motor Vehicle Insurance Law Only B. Owned Autos You Acquire After The Policy SECTION If—LIABILITY COVERAGE Begins A. Coverage 1. If Symbols 1, 2, 3,4, 5, 6 or 19 are entered next We will pay all sums an"insured"legally must pay as to a coverage in Item Two of the Declarations, damages because of "bodily injury" or "property then you have coverage for "autos" that you damage" to which this insurance applies, caused by acquire of the type described for the remainder of an "accident" and resulting from the ownership, the policy period. maintenance or use of a covered"auto." 2. But, if Symbol 7 is entered next to a coverage in We will also pay all sums an "insured" legally must Item Two of the Declarations, an "auto" you pay as a"covered pollution cost or expense"to which acquire will be a covered "auto"for that coverage this insurance applies, caused by an "accident" and only if: resulting from the ownership, maintenance or use of a. We already cover a1 "autos"that you own for covered "autos" However, we wili only pay for the that coverage or it replaces an "auto" you "covered pollution cost or expense" if there is either previously owned that had that coverage;and "bodily injury" or "property damage" to which this b. You tell us within 30 days after you acquire it insurance applies that is caused by the same that you want us to cover it for that coverage "accident." C. Certain Trailers, Mobile Equipment And We have the right and duty to defend any "insured" Temporary Substitute Autos against a "suit" asking for such damages or a "covered pollution cost or expense." However, we If Liability Coverage is provided by this coverage have no duty to defend any"insured" against a"suit" form,the following types of vehicles are also covered seeking damages for "bodily injury" or "property "autos"for Liability Coverage. damage"or a"covered pollution cost or expense" to 1. "Trailers"with a load capacity of 2,000 pounds or which this insurance does not apply. We may less designed primarily for travel on public roads Investigate and settle any claim or "sun" as we 2, "Mobile equipment" while being carved or towed consider appropriate. Our duty to defend or settle by a covered"auto." ends when the Liability Coverage Limit of Insurance 3. Any "auto" has been exhausted by payment of judgments or y you do not own while used with the settlements. permission of its owner as a temporary substitute for a covered"auto"you own that is out of service 1• Who Is An Insured because of its: The following are"insureds": a. Breakdown; a. You for any covered"auto." b. Repair; b. Anyone else while using with your permission c. Servicing; a covered "auto" you own, hire or borrow except: d. "Loss",or (1) The owner or anyone else from whom you 0. Destruction. hire or borrow a covered"auto" This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto"you own Page 2 of 12 Copyright Insurance Services Office,inc.,2009 CA 00 01 0310 Policy Number C4020081220 (2) Your "employee" if the covered "auto" is These payments will not reduce the Limit of owned by that"employee" or a member of Insurance his or her household. b. Out-of-state Coverage Extensions (3) Someone using a covered "auto"while he While a covered "auto"is away from the state or she is working in a business of selling, where it is licensed we will- servicing, repairing, parking or storing "autos" unless that business is yours (1) Increase the Limit of Insurance for Liability Coverage to meet the limits specified by a (4) Anyone other than your "employees," compulsory or financial responsibility law partners (if you are a partnership), of the jurisdiction where the covered members (if you are a limited liability "auto" is being used This extension does company) or a lessee or borrower or any not apply to the limit or limits specified by of their "employees," while moving any law governing motor carriers of property to or from a covered"auto." passengers or property.. (5) A partner (if you are a partnership) or a (2) Provide the minimum amounts and types member (if you are a limited liability of other coverages, such as no-fault, company) for a covered "auto" owned by required of out-of-state vehicles by the him or her or a member of his or her jurisdiction where the covered "auto" is household. being used. c. Anyone liable for the conduct of an "Insured" We will not pay anyone more than once for described above but only to the extent of that the same elements of loss because of these liability. extensions. 2. Coverage Extensions B. Exclusions a. Supplementary Payments This insurance does not apply to any of the following: We will pay for the"insured": 1. Expected Or Intended Injury (1) All expenses we incur. "Bodily injury" or "property damage" expected or (2) Up to $2,000 for cost of bail bonds intended from the standpoint of the"insured" (including bonds for related traffic law 2. Contractual violations) required because of an "accident" we cover. We do not have to Liability assumed under any contract or furnish these bonds. agreement. (3) The cost of bonds to release attachments But this exclusion does not apply to liability for in any "suit" against the 'insured" we damages: defend, but only for bond amounts within a. Assumed in a contract or agreement that is an our Limit of Insurance "insured contract" provided the "bodily injury" (4) All reasonable expenses incurred by the or "property damage" occurs subsequent to Q "insured" at our request, including actual the execution of the contract or agreement,or loss of earnings up to$250 a day because b. That the"insured"would have in the absence of time off from work of the contract or agreement (5) All court costs taxed against the "insured" 3. Workers'Compensation in any "suit" against the "insured" we Any obligation for which the "insured" or the defend. However, these payments do not "insured's" insurer may be held liable under any include attorneys' fees or attorneys' workers' compensation, disability benefits or expenses taxed against the insured unemployment compensation law or any similar (6) All interest on the full amount of any law. judgment that accrues after entry of the judgment in any "suit" against the "insured" we defend, but our duty to pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. a� CA 00 01 0310 Copyright Insurance Services Office, hit,2009 Page 3 of 12 P011Cy Number C4020081220 B. General Conditions d. When this coverage form and any other 1. Bankruptcy coverage form or policy covers on the same basis, either excess or primary, we will pay Bankruptcy or insolvency of the "insured" or the only our share. Our share is the proportion "€nsured's" estate will not relieve us of any that the Limit of Insurance of our coverage obligations under this coverage form. form bears to the total of the limits of all the 2. Concealment,Misrepresentation Or Fraud coverage forms and policies covering on the This coverage form is void in any case of fraud by same bass you at any time as it relates to this coverage form. 6. Premium Audit It is also void if you or any other"insured," at any a. The estimated premium for this coverage form time, intentionally conceal or misrepresent a is based on the exposures you told us you material fact conceming, would have when this policy began We will a. This coverage form; compute the final premium due when we b. The covered"auto"; determine your actual exposures. The estimated total premium will be credited c. Your interest in the covered"auto";or against the final premium due and the first d. A claim under this coverage form Named Insured will be billed for the balance, if 3. Liberalization any. The due date for the final premium or retrospective premium is the date shown as If we revise this coverage form to provide more the due date on the bill If the estimated total coverage without additional premium charge, premium exceeds the final premium due, the your policy will automatically provide the first Named Insured will get a refund. additional coverage as of the day the revision is b. If this policy is issued for more than one year, effective in your state. the premium for this coverage form will be 4. No Benefit To Bailee—Physical Damage computed annually based on our rates or Coverages premiums in effect at the beginning of each We will not recognize any assignment or grant year of the policy. any coverage for the benefit of any person or 7. Policy Period,Coverage Territory organization holding, storing or transporting Under this coverage form, we cover "accidents' property for a fee regardless of any other and"losses"occurring provision of this coverage form 5. Other Insurance a. During the policy period shown in the Declarations;and a. For any covered *auto" you own, this b. Within the coverage territory. coverage form provides primary insurance For any covered "auto" you don't own, the The coverage territory is a insurance provided by this coverage form is (1) The United States of America; a excess over any other collectible insurance, (2) The territories and possessions of the United However, vfiile a covered "auto" which is a States of America, 'trader' is connected to another vehicle, the gLiability Coverage this coverage form (3) Puerto Rico; :a provides for the trailer"is (4) Canada; and (1) Excess while it is connected to a motor (5) Anywhere in the world if., vehicle you do not own. (a) A covered "auto" of the private passenger (2) Primary while it is connected to a covered type is leased, hired, rented or borrowed _.�. "auto"you awn. without a driver for a period of 30 days or b. For Hired Auto Physical Damage Coverage, less;and any covered "auto" you lease, hire, rent or (b) The "insured's" responsibility to pay borrow is deemed to be a covered "auto"you damages is determined in a "suit" on the own However, any "auto" that is leased, merits, in the United States of America, hired, rented or borrowed with a driver is not a _ the temtones and possessions of the covered"auto." United States of America, Puerto Rico or c. Regardless of the provisions of Paragraph a. Canada or in a settlement we agree to above,this coverage form's liability Coverage o is primary for any liability assumed under an "insured contract" CA 00 0110310 Copyright Insurance Services Office,Inc.,2009 Page 9 of 12 Policy Number. C4020081217 ✓ G-140331-C CNA (Ed 10/10) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by"written contract" per Paragraph A below) Locations of Covered Operations (As per the"written contract," provided the location is within the"coverage territory"of this Coverage Part) A. Section II - Who Is An Insured is amended to 2. We will not provide the additional insured any include as an additional insured broader coverage or any higher limit of ✓1. Any person or organization whom you are insurance than the least that is required by "written contract" to add as an a. Required by the"written contract", additional insured on this Coverage Part, and b. Described in B.I. above, or 2. The particular person or organization, if any, scheduled above c. Afforded to you under this policy B. The insurance provided to the additional insured is 3. This insurance is excess of all other insurance limited as follows available to the additional insured whether on a primary, excess, contingent or any other basis 1. The person or organization is an additional But if required by the "written contract," this insured only with respect to liability for "bodily insurance will be primary and non-contributory injury," "property damage," or "personal and relative to insurance on which the additional advertising injury" caused in whole or in part by insured is a Named Insured a. Your acts or omissions, or 4. The insurance provided to the additional insured does not apply to "bodily injury," b. The acts or omissions of those acting on "property damage,"or"personal and advertising your behalf injury arising out of in the performance of your ongoing operations a. The rendering of, or the failure to render, specified in the written contract", or any professional architectural, engineering, c. "Your work" that is specified in the "written or surveying services, including contract" but only for "bodily injury" or 1 The arin a or failingto "property damage" included in the ( ) prep g' pprovin g' prepare or approve maps, shop "products-completed operations hazard," and only if drawings, opinions, reports, surveys, field orders, change orders or drawings (1) The "wntten contract" requires you to and specifications, and provide the additional insured such (2) Supervisory, inspection, architectural or coverage, and engineering activities, or (2) This Coverage Part provides such b. Any premises or work for which the coverage additional insured is specifically listed as an G-140331-C Includes copyrighted material of Insurance Services Office, Inc,with its permission Page 1 of 2 (Ed 10/10) Policy Number- C4020081217 G-140331-C CNA (Ed 10/10) additional insured on another endorsement We have no duty to defend or indemnify an attached to this Coverage Part additional insured under this endorsement until C. SECTION IV — COMMERCIAL GENERAL we receive from the additional insured written LIABILITY CONDITIONS is amended as follows notice of a claim or"suit" 1. The Duties In The Event of Occurrence, 2. With respect only to the insurance provided by this endorsement, the first sentence of Offense, Claim or Suit condition is amended to add the following additional conditions Paragraph O de of the Other Insurance applicable to the additional insured Condition Is deleted and replaced with the following An additional insured under this endorsement 4. Other Insurance will as soon as practicable (1) Give us written notice of an "occurrence" or a. Primary Insurance an offense which may result in a claim or This insurance is primary and non- "suit" under this insurance, and of any claim contributory except when rendered or"suit"that does result, excess by endorsement G-140331-C, (2) Except as provided in Paragraph B 3 of this or when Paragraph b. below applies endorsement, agree to make available any D. Only for the purpose of the insurance provided by other insurance the additional insured has this endorsement, SECTION V — DEFINITIONS is for a loss we cover under this Coverage amended to add the following definition Part, "Written contract" means a written contract or (3) Send us copies of all legal papers received, written agreement that requires you to make a and otherwise cooperate with us in the person or organization an additional insured on this investigation, defense, or settlement of the Coverage Part, provided the contract or agreement claim or"suit", and 1. Is currently in effect or becomes effective during (4) Tender the defense and indemnity of any the term of this policy, and claim or "suit" to any other insurer or self 2. Was executed prior to insurer whose policy or program applies to a loss we cover under this Coverage Part a. The"bodily Injury" or"property damage", or But if the "written contract" requires this insurance to be primary and non- b The offense that caused the "personal and contributory, this provision (4) does not advertising injury" apply to insurance on which the additional for which the additional insured seeks coverage insured is a Named Insured under this Coverage Part G-140331-C Includes copyrighted material of Insurance Services Office,Inc,with its permission Page 2 of 2 (Ed 10/10) G-15057-C Policy Number. C4020081203 (Ed 06J05) No person or organization is an insured with you, any of your employees, 'volunteer respect to the conduct of any current or past workers' any partner or member (if you are a limited liability company that is not shown as a partnership or joint venture)or any member (if Named Insured in the Declarations. you are a limited liability company) s. A corporation or organization, other than b. A person or organization for whom you are partnerships, joint ventures or limited liability ✓required, by virtue of a written contract entered companies, that you form, acquire or gain control into prior to the 'bodily injury,' 'property damage' of during the policy period, but only with respect to or 'personal and advertising injury' occurring or 'bodily injury," 'property damage' or'personal and being committed, to provide the insurance that is advertising injury' taking place after you form, afforded by this policy.This insurance applies only acquire or gain control of such corporation or with respect to operations by you or on your behalf organization or to facilities you own or use, but only to the 2. Insured means the Named Insured and. extent of the limits of insurance required by such contract, not to exceed the limits of insurance in a. Your 'volunteer workers' only while performing this policy. duties related to the conduct of your business, or c. Any other persons or organizations included as an your employees,other than your executive officers insured under the provisions of the 'scheduled and directors(if you are an organization other than underlying insurance" shown in the Declarations a partnership, joint venture or limited liability of this policy and then only for the same coverage, company) or your members (if you are a limited except for limits of insurance, afforded under such liability company ) but only for acts within the 'scheduled underlying insurance.' scope of their employment by you or while performing duties related to the conduct or your However, If a blanket additional insured business However, none of these employees or endorsement is attached to the general liability "volunteer workers' is an insured for. 'scheduled underlying insurance' pursuant to a ( written or oral contract or agreement between you 1) 'Bodily injury' or 'personal and advertising injury'' and another person or organization (called additional insured), this insurance is excess over (a) To you; to your partners or members (if such insurance provided to the additional insured you are a partnership or joint venture) to subject to the following conditions, your members(if you are a limited liability (1) If the limits specified in the written contract or company) or to a ce-employee while in agreement are less Man the limits provided by the course of his or her employment or the 'scheduled underlying insurance,' then no performing duties related to the conduct coverage is provided to the additional insured of your business, or to your other under this policy. 'volunteer workers' while performing duties related to the conduct of your (2) If the limits specified in the written contract or business; agreement are greater than the limits provided (b) To the spouse, child, parent, brother or by the 'scheduled underlying insurance,' then this insurance is excess over the insurance sister of that co-employee parent, or 'volunteer provided by the worker' as a consequence of Paragraph scheduled underlying (1)(a}above; insurance.' The limits of insurance for the additional insured are the lesser of: ZMM (c) For which there is arty obligation to share (i) The limits specified in the written contract; damages with or repay someone else or who must pay damages because of the injury described in Paragraphs (1xa) or (it) The limits of the 'scheduled underlying = (b)above; or insurance' plus the limits of this policy. (d) Arising out of his or her providing or SECTION III—LIMITS OF INSURANCE failing to provide professional health care 1. The Limits of Insurance shown in the Declarations and services. the rules below fix the most we will pay a regardless of (2) 'Property damage'to property: the number of- (a) Owned,occupied or used by; a. Insureds; (b) Rented to, in the care, custody or control b. Claims made or'suits'brought; or, or over which physical control is being c. Parsons of organizations making claims or exercised for any purpose by bringing'suits' G-15057-C Page 7 of 17 (Ed 06J05) POLICY NUMBER C4020081217 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: REFER TO SCHEDULE CG2404 Information required to complete this Schedule, if not shown above, will be shown in the Declarations The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard " This waiver applies only to the person or organization shown in the Schedule above CG 24 04 05 09 Copyright, Insurance Services Office, Inc , 2008 Page 1 of 1 POLICY NUMBER INSURED NAME AND ADDRESS C 4020081217 NORTHWEST LANDSCAPE SERVICE OF WASHINGTON LLC PO BOX 864 6303 233RD PLACE SE WOODINVILLE, WA 98072 POLICY CHANGES Schedule CG2404 This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. CG 24 04 SCHEDULE Name of Person or Organization: Any person or organization with whom you have agreed in writing in a contract or agreement to waive any right of recovery against such person or organization, but only if the contract or agreement: 1. Is in effect or becomes effective during the term of this policy, and 2. Was executed prior to loss. cc Chairman of the Board V secretary G-56015-3 (ED. 11/91) Policy Number: C4020081203 G,900429-A CNA (Ed. 11107) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES - OTHER INSURANCE This endorsement modifies insurance provided under the following, COMMERCIAL UMBRELLA PLUS COVERAGE PART Solely with respect to the coverage afforded under this primary, excess, contingent or on any other basis Insurance to any person or organization which qualifies as except that this insurance shall be either primary an additional insured pursuant to paragraph 2. b. or c. of to, or primary to and noncontributing with, such SECTION II — WHO IS AN INSURED, the Other other insurance if so required by written contract Insurance Condition of SECTION IV — CONDITIONS is or agreement with the additional insured. This deleted and replaced with the following, condition does not apply to insurance purchased specifically to apply in excess of this insurance 4. Otherinsurance This insurance is excess over any other insurance available to the additional insured whether oar a� i� G-300429-A Page 1 of I (Ed 11/07) G48437A CNA (Ed 10-11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION This endorsement modifies Insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART We will waive any right of recovery we may have against the person or organization shown in the schedule below because of payments we make for Injury or damage arising out of your work, done under a contract with that person or organization The waiver applies only to that person or organization shown in the schedule below Name of Person or Organization Any person or organization as required by written contract or agreement All other terms and conditions of the Policy remain unchanged This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy G48437A(Ed 10-11) Policy No C4020081203 Page 1 of 1 Endorsement No Effective Date 10/15/2012 Insured Named Northwest Landscape Services of WA, LLC Copyright,CNA All Rights Reserved ^4 Parks, Recreation and Community Services Jeff Watling, Director Phone 253-856-5120 K E N T Fax 253-856-6120 W n s H N c-o N Address 220 Fourth Avenue S Kent,WA 98032-5895 Memorandum DATE: July 2, 2013 TO. Jeff Watling FROM: Quientin Poil CC: Garin Lee, Suzette Cooke RE: Down Town Right of Way Tree and Stump Removal The following contract has been prepared to remove and replant street trees in our down town corridor. These trees and stump were damaged during storms and needed removing. Various trees and stumps will be removed and replaced under this contract putting the street trees in question back in order. Northwest landscape was awarded the contract. You will find all paper work for the completion of this project in the contract packet. If you have any question please let me know. Sincerely �— Quientin Poil Parks West Operation Supervisor Certified Arborist 253-856-5127 REQUEST FOR MAYOR'S SIGNATURE N-T Please Fill in All Applicable Boxes Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE DEPARTMENT) Reviewed by Director Originator: Quientin Poil/Garin Lee Dept Park Operations Phone: x5120 Date Sent: 7/2/2013 Date Required- 7/3/2013 Return Signed Document to- Quientin/Garin CONTRACT TERMINATION DATE: 3/31/2013 VENDOR NAMLE. 11"Al Landscape Services DATE OF COUNCIL APPROVAL: n/a <25k ATTACH MOTION SHEET FOR THE MAYOR Brief Explanation of Document: ' n V -L����t� Services include removal of stumps and replacement of street trees located in the downtown area. L�lw�rllL� JUL 9 2013 All Contracts Must Be Routed Through The Oef2aFiment (This area to be completed by the Law Department) Received: Approval of Law Dept Law Dept. Comments: JUL } s f t ` — N r w l Date Forwarded to Mayor: 1 �1 Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: 20113 Disposition: Y11Z11Z 1�1aG C iTY CL'_,= Date Returned: