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PK14-111 - Original - Rhine Demolition, LLC - Clark Lake Rockwell House Demolition - 02/05/2014
ecords M14-^6 emefi KENT Document 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: Rhine Demolition, LLC Vendor Number: ID Edwards Number Contract Number: ?K 1T0- ' 1 ` This is assigned by City Clerk's Office Project Name: Clark Lake (Rockwell) House Demolition Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Brian Levenhagen Department: Parks Planning & Dev. Detail: (i.e. address, location, parcel number, tax id, etc.): Asbestos removal & demolition of Rockwell house at 12608 SE 248th St. Contract duration: 60 days PPD Contract #: PPD14-04 S:Pubhc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 .101 KENT was11I"G,ON PUBLIC WORKS AGREEMENT between City of Kent and Rhine Demolition, LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Rhine Demolition, LLC organized under the laws of the State of Washington, located and doing business at 1124 112`h St. E, Tacoma, WA 98445-3798; Jason Roosa (253) 537-5852 (hereinafter the "Contractor"). 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: Described herein as Exhibit A: Remove asbestos and demolish Rockwell house, garage & outbuildings at 12608 SE 248`h St.; remove all debris Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time 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, the Contractor shall complete the work described in Section I within 60 days. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Seventeen Thousand Nine Hundred Fifty-eight dollars and no cents ($17,958.00), including any applicable Washington State Sales Tax, for the work and services 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 Payment and Performance Bond. Because this contract, including applicable sales tax, is less than $35,000, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a payment and PUBLIC WORKS AGREEMENT - 1 (Over$IOK, under$35K, and No Performance Bond) 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, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. 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. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: I A. 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. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor 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 Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be PUBLIC WORKS AGREEMENT - 2 (Over$IOK, under$35K, and No Performance Bond) required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. 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 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 PUBLIC WORKS AGREEMENT - 3 (Over$1OK, under$35K, and No Performance Bond) order within the time specified in this paragraph, the Contractor waives its require a changep p 9 p , 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. 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. PUBLIC WORKS AGREEMENT - 4 (Over$IOK, under$35K, and No Performance Bond) i 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— WAkRRANTif. 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 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 casts 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. PUBLIC WORKS AGREEMENT - 5 (Over$1OK, under$35K, and No Performance Bond) i 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. In the event Contractor 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 Contractor's part, then Contractor 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 Contractor's part. 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. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this PUBLIC WORKS AGREEMENT - 6 (Over$10K, under$35K, and No Performance Bond) 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 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. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal 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. PUBLIC WORKS AGREEMENT - 7 (Over$10K, under$35K, and No Performance Bond) 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. CONTRACTOR; CITY OF KENT: (sl ature) By (signature)_ice a r i Print Name:) e Yam— PrlCdt Nam ette Cooke Its �rJ'f .Y1 Its ayor DATE: T�,YlI,VC12I DATE; /x NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR. CITY OF KENT: Jason Roosa Brian Levenhagen, Parks Dept. Rhine Demolition City of Kent 1124 1121h St. E 220 Fourth Avenue South Tacoma, WA 98445-3798 Kent, WA 98032 (253) 537-5852 (telephone) (253) 856-5116 (telephone) jason@rhlnedemolition.com bjlevenhagen@kentwa.gov APPROVED AS TO FORM: f �Y pp � t Kent Law Department Po\Plannlnq\ANulsltlons\Clmk leke\Rockwell House Oemo-COMTMCTXo PUBLIC WORKS AGREEMENT 8 (Over$1OK, under$35K, and No Performance Bond) DECLARATION I 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 j 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, i The questions are as follows: i 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. y: For. (MI'0-e )' Title: Dale: � 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. I 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. By: For: Title: Date: li EEO COMPLIANCE DOCUMENTS - 3 Demolition For Progress 0 R E s �amelltUn�Ahatemeht RHINE DEMOLITION,LLC ♦1124 1 UTH ST E;TACOMA,WA 98445-3798♦PHONE:(253)537-5852(800)963-8270 FAX:(253)531-9548 PROPOSAL DATE: October 10,2013 NAME: Brian Levenhagen COMPANY: City of Dent ADDRESS:220 Fourth Avenue South ADDRESS:Kent,WA. 98032 Regarding: 12608 SE 248°i Street—Kent, WA. 9oCkWe, II Dear Mr.Leveriliagen, We propose to provide the necessary labor,equipment,materials and services needed to complete the fallowing: Demolish and remove the house,garage and various out-buildings at the above named location • Removal of all associated foundations and walkways • Removal of identified asbestos materials • Placement of straw over affected areas of work upon completion Capping of sewer/pump&remove septic tank • Lead paint hazard control • Dust control • PSCAA Permit and L&I Notification • Prevailing wages &insurance ➢ Asbestos Removal' $1,500.00 + WS ST.' ;55'g,OD ➢ Building Demolition: $14,900.00 sv htvfa 1: '#)6,gno,vZ2 7_07-4Z ; 9/ 17,958, 00 EXCLUSIONS(unless specifically included above): • Utility disconnects,re-routes, cuts and caps Capping of well(if any) • Removal of underground heating-oil tank(if any) • Vegetation Removal • Salvage for others • Permits (Other than those listed above) • Mobilizations in excess of one I appreciate the opportunity to bid on your project.Please feel free to contact me with any questions or concerns. V Jason Roosa Estimator i i EXHIBIT B INSU RANCE i Client#: 139621 RHINDEMO ACORDn, CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD(YYYY) 3/0 612 01 3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND 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 Vanessa Cohen NAME; Propel Insurance ac(PHONE.'Ea;800 499-0933 - (alc Not: 866 577-1326 Tacoma Commercial Insurance A DREss: _.. . 1201 Pacific Ave,Suite 1000 INSURER(S)AFFORDING COVERAGE NAICp Tacoma,WA 98402 INSURER A:Zurich-American Insurance Co 16535 INSURED INSURERB:Navigators Insurance Company 42307 Rhine Demolition, LLC INSURER C:Travelers Indemnity Company 19046 1124 East 112th -- Alaska National Insurance Co 38733 Tacoma,WA 98445 INSURER,D: _ INSURER E:Crum&Forster Specialty In - 44520 I INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FORTHE POLICYPERIOD 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. INSR AD SUBR POLICY ELF POLICYEXP LIMITS LTR TYPE OFINSURANCE INSR MD POLICY NUMBER fMMIDDNYYY MM/DDIYYYY _ A GENERAL LIABILITY X X GL0369729410 3/011201303101/2014 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISE OAMAI ET RENTED S Esoccunence $306,000 _CLAIM$-MADE Fid OCCUR MED EXP(Any one parson) $10,000 _ X BI/PD Ded: $10,000 PERSONAL&ADV INJURY $1,000,000 _ GENERAL AGGREGATE $2,000,000 GEN'LAGGRrTE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $2,000,000 POLICY X " LOC __ $ COMBINED SINGLE LIMIT A AUTOMOBILE LIABILITY X X BAP369729510 03101/2013 03/01/201 Eaaccitlent _ 1,000,000 X ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS --- NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X gUTOS Per acdtlent).___ $ B UMBRELLA LIAB X OCCUR X X SE13EXC7254771V 0310112013 03/0112014 EACH OCCURRENCE __ $1 O 00O 000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $1 O 00O 000 D_E_D RETENTIONS __ C 6JUB0759N41012 06101/2012 06/01/201 X WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETORIPARTNERIEXECUTIVE --1 WC-Oregon EL EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? NIA - (MandatorylnNH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe untler _ DESCRIPTION OF OPERATIONS below _ EL DISEASE-POLICY LIMIT $1,000,0( D USL&H 13AWU08622 0110112013 01/01/201 $1,000,000 E Pollution/Profess PKC100283 03/0112013 03/01/201 $5,000,000 Occ/Agg Asbestos Abatemnt 1 $25,000 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) RE: EVIDENCE OF COVERAGE ONLY CERTIFICATE HOLDER CANCELLATION EVIDENCE OF COVERAGE ONLY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S10964321M1094643 VT00 i Additional Insured —Automatic — Owners, Lessees Or ZURICHO Contractors — Products-Completed Operations Liability Amendment Policy No. Eff. Date of Pol. I Exp. Date of P01. I Eff.bate of End. I Producer No. Add'I.Pram Return Prom. GL0369729410 03/01/2013 03f0112014 03f01/2013 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. Named Insured: Rhine Demolition,LLC i Address(including ZIP Code):1124 East 112th Tacoma,WA 98445 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II—Who Is An Insured is amended to include as an insured any person or organization who you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to the additional insured person or organization applies only to "bodily injury", "property damage" or"personal and advertising injury" covered under Section I — Coverage A — Bodily Injury And Property j Damage Liability and Section I—Coverage B—Personal And Advertising Injury Liability, but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"caused, in whole or In part, by: 1. Your acts or omissions;or 2. The acts or omissions of those acting on your behalf, and resulting directly from your ongoing operations or"your work"as included in the "products-completed operations hazard",which Is the subject of the written contract or written agreement, C. However, regardless of the provisions of Paragraphs A.and B.above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That Is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement;and a. Subject to Paragraphs 1.e. and 1.b. above and solely as respects "products-completed operations hazard" coverage, unless a claim or"sull" for damages is presented to us no later than one year from the "products- completed operations hazard" completion date deemed applicable to "your work" from which the loss originates If no time requirement for reporting a claim or"suit"for damages is stipulated in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a, The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: "Bodily Injury", "property damage" or"personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: U-GL-1461-a OW(1 oil 1) Page 1 of 2 Includes copyrighted material of Insurance Services Office,Inc.,wlth Its permission. i 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities, F. The additional insured must see to it that: 1. We are notified as soon as practicable of an"occurrence"or offense that may result in a claim; 2, We receive written notice of a claim or"suit"as soon as practicable; and 3. A request for defense and indemnity of the claim or"suit" will promptly be brought against any policy issued by another Insurer under which the additional insured may be an insured in any capacity. This provision does not apply to Insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non-contributory. F. For the coverage provided by this endorsement 1. The following paragraph is added to Paragraph 4.a. of the Other Insurance Cond€tion of Section IV—Commercial General Liability Conditions: This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this insurance be primary and non-contributory with respect to any other policy upon which the additional insured Is a Named Insured. In that event, we will not seek contribution from any other such insurance policy available to the additional insured on which the additional Insured person or organization is a Named Insured. 2, The following paragraph is added to Paragraph 4.b.of the Other Insurance Condition of Section IV—Commercial General Liability Conditions- This Insurance is excess over: Any of the other Insurance, whether primary, excess, contingent or on any other basis, available to an additional Insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same"occurrence", offense, claim or"suit". This provision does not apply to any policy in which the additional Insured is a Named Insured an such other policy and where our policy Is required by written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. G. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that Identified additional insured. All other terms and conditions of this policy remain unchanged. i U-GL-1461-0 OW(10111) Page 2 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Waiver Of Subrogation (Blanket) EndorsementZl.1RICH Policy No. Eff. Date of Pot. Exp. Date of Pal. Eff.Date of End. Producer Add'l.Preen Return Preen. GLO369729410 03/01/2013 03/01/2014 Propel Insurance $ $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: . Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement,which is executed before a loss, to waive your rights of recovery from oth- ers,we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to ally other operations in which the insured has no contractual interest. U-GL-925-E Cw(12101) Page t of t POLICY NUMBER: BAP369729510 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATE® INSURE® This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or.organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 03/01/2013 Countersigned By: I i Named Insured: Rhine Demolition,LLC Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): Any person or organization to whom or which you are required to provide additional insured status or additional insured status on a primary, non-contributory basis, in a written contract or written agreement executed prior to loss, except where such contract or agreement is prohibited by law. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured"for Liability Coverage, but only to the extent that P 9 person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 RHINDEMO Page 1 of 1 ❑ Insured Copy ZURICH Waiver Of Transfer Of Rights Of Recovery Against Others To Us ollcy No, Eff, Date of Pol.. Exp. to of Pol. Eff.Date of End. gency No. ddl.Prom etum Prom. BAP369729510 '03f01/2013 03/01l2014 This endorsement Is Issued by the company named In the Declarations. It changes the policy on the effective date listed above at the hour stated in the Declarations, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Rhine Demolition,LLc Address (including ZIP code): 1124 East 112th Tacoma,WA 98445 This endorsement modifies insurance provided under the: Business Auto Coverage Form Truckers Coverage Form Garage Coverage Form Motor Carrier Coverage Form SCHEDULE Name of Person or Organization: "ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO WAIVE RIGHTS OF SUBROGATION OR RECOVERY BUT ONLY IF SUCH WRITTEN CONTRACT OR AGREEMENT IS ENTERED INTO(NOT BACKDATED)AND PUT IN EFFECT PRIOR TO LOSS BY YOU OR ANY OTHER PERSON, ENTITY OR ORGANIZATION FOR WHOM YOU ARE LEGALLY RESPONSIBLE," We waive any right of recovery we may have against the designated person or organization shown in the schedule because of payments we make for Injury or damage caused by an "accident" or"loss"resulting from the ownership, maintenance, or use of a covered "auto"far which a Waiver of Subrogation is required in conjunction with work per- formed by you'for the designated person or organization. The waiver applies only to the designated person or or- ganization shown in the schedule. Countersigned: Date: Authorized Representative U-CA-320-s Cw(4/94) Page I of I I Rhine Demolition,LLC SE13EXC7254771V Commercial Excess Liability Coverage Part Various provisions of this policy restrict coverage. Read the entire policy carefully to determine your rights, duties and what is and is not covered. Throughout the policy the words "you" and "your" refer to the Named Insured. The words"we," "us" and"our" refer to the company providing this insurance. The word"insured" means any other person or organization qualifying as such under SECTION II—WHO IS AN INSURED. Other words and phrases that appear in quotations in this policy have special meanings. Refer to SECTION V- DEFINITIONS. SECTION I —COVERAGE 1. Insuring Agreement A. Excess Liability 1. We will pay on behalf of the insured and in excess of"underlying limits"those sums the insured becomes legally obligated to pay as damages for"loss"to which this insurance applies. This insurance applies only if: a. the"loss" is caused by an"event'that takes place in the coverage territory; b. the"loss" occurs during the"policy period;" and c the"controlling underlying insurance" applies to the "loss." 2. If an aggregate limit of"controlling underlying insurance" is exhausted by the payment of judgments or settlements to which this insurance applies, or would have applied but for the amount of the damages, this insurance will apply in place of the"controlling underlying insurance" until we have paid our applicable Limits of Insurance. 3. When paragraph 2. above applies, ending the"controlling underlying insurance" obligations to investigate and settle claims or defend suits against the insured, we have the right and duty to investigate claims and defend suits which seek damages to which this insurance applies. Our right and duty to defend end when we have paid our applicable Limits of Insurance. 4. When paragraph 2. above does not apply, we have the right, but not the duty, to participate in the investigation or settlement of any claim or the defense of any suit against any insured. 5. We have the right, at our discretion, to settle any claim to which this insurance applies. 6. As respects paragraphs 3. and 4. above, "defense expenses" we incur in the investigation of any claim or defense of any suit will be paid in addition to the Limits of Insurance except when such costs reduce the limits of"controlling underlying insurance," in which case they will reduce our Limits of Insurance. 7. The amount we pay is limited. See SECTION III —LIMITS OF INSURANCE. 2. Exclusions The EXCLUSIONS sections of the"controlling underlying insurance" are made part of this policy. If an inconsistency or contradiction exists between an Exclusion of this policy and an Exclusion of the "controlling underlying insurance" the Exclusion of this policy will apply. NAV-EXC-001 (04,110) Navigators Insurance Company Page 1 of 7 Contains copyrighted material of the Insurance Services Office, Inc. with its permission. Rhine Demolition,LLC SEI3EXC7254771V However, in no case will coverage be excluded by the "controlling underlying insurance" and not excluded by this policy. This insurance does not apply to any liability: 1. to which "controlling underlying insurance" does not apply; 2. for which coverage is provided by "controlling underlying insurance"at limits less than the limits of insurance applicable to other coverage provided by the"controlling underlying insurance" and less than"underlying limits," 3. for"loss" which commenced prior to this"policy period," whether or not such "loss" continues, progresses, changes or resumes during this"policy period;" 4. for damage to property you own, rent or occupy, including any costs or expenses incurred by you or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including the prevention of injury to a person or damage to another's property; 5, for damage to personal property in the care, custody or control of any insured; 6. arising out of any"aircraft products;" 7. arising out of the actual, alleged, suspected or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of"asbestos;" S. arising out of the actual, alleged, suspected or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of"fungi" or bacteria; 9. arising out of the actual, alleged, suspected or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of"silica" or"silica related dust;" 10. arising out of any"employment practices" of any insured; 11. arising out of: a. war, including undeclared or civil war, b, warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these; 12. imposed under: a. an uninsured or underinsured motorist, uninsured or underinsured boater, Medical Payments, Personal Injury Protection, No-Fault or any similar law; b. a workers compensation, disability benefits, unemployment compensation or any similar law; c. the Employee Retirement Income Security Act of 1974, any amendments thereto or any similar law. SECTION I I —WHO IS AN INSURED The WHO IS AN INSURED section of the "controlling underlying insurance" is made part of this policy. Any person or organization that is an insured in"controlling underlying insurance" is an insured in this policy to the same extent. NAV-EAC-001 (04/10) Navigators Insurance Company page 2 of Contains copyrighted material of the Insurance Services Office, Inc. with its permission. Rhine Demolition,LLC '.. SE13EXC7254771V SECTION III—LIMITS OF INSURANCE The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of insureds, claims made or suits brought, or persons or organizations making claims or bringing suits. 1. The General Aggregate Limit is the most we will pay for the sum of all damages to which this insurance applies, except: a. damages because of bodily injury or property damage included within any applicable products-completed operations hazard, or b. damages arising out of the ownership, operation, maintenance or use of an automobile; 2. The Products-Completed Operations Aggregate Limit is the most we will pay for the sum of all damages included within any applicable products-completed operations hazard; 3. Subject to paragraphs 1. and 2. above, the Each Event Limit is the most we will pay for all damages that arise out of any one ''event." SECTION IV—CONDITIONS The CONDITIONS sections of the"controlling underlying insurance" are made part of this policy. If an inconsistency or contradiction exists between the Conditions of this policy and the Conditions of the"controlling underlying insurance," the Conditions of this policy will apply. 1. Appeals At our discretion we may appeal any judgment which would result in a payment under this policy. When we do appeal, we will pay all costs associated with the appeal in addition to the Limits of Insurance. Any such appeal will not increase our Limits of Insurance. 2. Bankruptcy or Insolvency Bankruptcy or insolvency of the insured or the insured's estate will not relieve us of our obligations under this policy. Bankruptcy or insolvency of any company providing "controlling underlying insurance"will not reduce the "underlying limits" or increase our obligations under this policy.We will not be required to drop down or replace "controlling underlying insurance," 3. Cancellation a. The first Named Insured may cancel this policy at any time by providing us advanced written notice of the cancellation date. b. We may cancel this policy at any time by providing the first Named Insured written notice of cancellation: I. at least 10 days in advance if we cancel for non-payment of premium, or ii. at least 30 days in advance if we cancel for any other reason: c. If the "controlling underlying insurance" is cancelled for any reason, this policy is also cancelled. Reinstatement of the"controlling underlying insurance' does not reinstate this policy unless reinstatement is endorsed hereon. Return premium, if any, will be calculated per Condition 11, Premium. Proof of mailing will be proof of notice. NAV-ENC-001 (04/10) Navigators Insurance Company page 3 of 7 Contains copyrighted material of the Insurance Services Office, Inc. with its permission. I Rhine Demolition,LLC SE13EXC7264771V 4. Non-Renewal a. We are not obligated to renew this policy. However, should we decide not to renew, we will provide the first Named Insured written notice of our decision at least 30 days prior to the expiration date shown in the Declarations. b. We will not restrict the terms or increase premium of this policy at renewal unless we have given the first Named Insured at least 30 days advanced notice of any such changes. However, no notice will be provided or required if a restriction in this policy results from a restriction applicable to"controlling underlying insurance." c. The first Named Insured may non-renew this policy by: I. providing advance written notice to us, ii. rejecting our offer to renew; or iii. failing to reply to our offer to renew. Proof of mailing will be proof of notice. 5. Changes This policy contains all of the agreements between you and us. This policy may only be changed by endorsements we issue. 6. Duties When There is an"Event," Claim or Suit a. You must see to it that we and any other insurers who could provide coverage are notified as soon as practicable of any"event"which may be reasonably expected to result in a claim under this policy. To the extent possible, notice should include: I. how, when and where the"event" took place; ii. the names and addresses of any injured persons and witnesses; and iii. the nature and location of any injury or damage arising out of the"event." b. If a claim is made or suit is brought against any insured which may be reasonably expected to result in a claim under this policy, you must: f i. immediately record the specifics of the claim or suit and the date received; and ii. notify us, and any other insurers who could provide coverage, as soon as practicable. c. You and any other involved insured must: i. immediately send us, and any other insurers who could provide coverage, copies of any demands, notices, summonses or legal papers received in connection with a claim or suit which may be reasonably expected to result in a claim under this policy; ii. authorize us to obtain records and other information; iii. cooperate with us in the investigation or settlement of the claim, issues relating to coverage under this policy or defense against the suit; and iv. assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of the injury or damage to which this insurance may apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation or incur any expense, other than first aid, without our consent. Notice to us may be sent to our address shown in the Declarations. 7. Legal Action Against Us No person or organization has a right under this insurance: a. to join us as a party or otherwise bring us into a suit asking for damages from an insured; or b. to sue us on this insurance unless all of its terms have been fully complied with. I NAV-EXC:001 (04/10) Navigators Insurance Company Page 4 of 7 Contains copyrighted material of the Insurance Services Office, Inc. with its permission. I I Rhine Demolition,LLC SE13EXC7254771V 8. Maintenance of Controlling Underlying Insurance During the"policy period"you must maintain"controlling underlying insurance"with "underlying limits" at least equal to the amounts shown in the Declarations. The "underlying limits" must be unimpaired at the beginning of this"policy period." If you fail to maintain the "controlling underlying insurance"this policy will be invalid. If you fail to maintain"underlying limits," we will only be liable to the extent we would have been liable had you maintained the"underlying limits." Reduction of"underlying limits" by the payment of judgments or settlements for"loss" to which this insurance applies, or would have applied but for the amount of the damages, will not be considered a failure to maintain "underlying limits." 9. Other Insurance This insurance is excess over any insurance available to the insured except insurance purchased specifically to apply in excess of this policy. 10. Payment of Damages When the amount of damages payable under this policy has been determined by final judgment or a written settlement agreement between the claimant and us, we will pay that amount, up to our applicable Limits of Insurance, after the "controlling underlying insurance" or the insured has paid the full amount of the"underlying limits." 11. Premium The Premium shown in the Declarations is the premium for the coverage we provide for the"policy period." The first Named Insured is responsible for the payment of all premiums under this policy. If this policy is cancelled prior to its expiration date return premium will be calculated as follows: a. if cancelled by us: [{(Premium)—(Minimum Earned Premium)}x (Pro Rate factor)] b. if cancelled by you: [{(Premium)—(Minimum Earned Premium))x{(Pro Rata factor) x (.90)}]. 12. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. as if each Named Insured were the only Named Insured; and b. separately to each insured against whom claim is made or suit is brought. 13. Transfer of Rights of Recovery Against Others If an insured has rights to recover all or part of any payment we have made under this insurance, the insured must preserve those rights and, at our request, pursue or transfer those rights to us. The insured must do nothing after an"event" to impair them. 14. Reformation of Underlying If the"controlling underlying insurance" is reformed after an"event" to provide coverage for a "loss,"the terms of such reformation do not apply to this policy. 16. When we Defend When we have a duty to defend an insured, the insured will cooperate with us in the transfer of the defense to counsel of our choosing. If the law of the governing jurisdiction permits an insured to selecttheir own counsel to be paid for by us, we shall only be liable for the reasonable and necessary defense costs of one law firm per insured at rates customarily paid by us for the defense of similar claims in the jurisdiction where the claim is pending. 16. Claims outside the U.S.A, it's Territories, Possessions or Canada When we have the duty to defend an insured and are prevented by law or otherwise from doing so,we will reimburse the insured for any reasonable and necessary expenses incurred in the defense of a suit to which this insurance applies. If the insured becomes legally obligated to pay damages to which this insurance applies NAV-EZC-001 (04/10) Navigators Insurance Company Pagc 5 of Contains copyrighted material of the Insurance Services Office, Inc. with its permission. Rhine Demolition,LLC SE13EXC7254771V and we are prevented by law from paying such damages on behalf of the insured, we will reimburse the insured, in U.S currency at the prevailing exchange rate at the time the damages were paid, for such damages. SECTION V—DEFINITIONS The DEFINITIONS sections of the"controlling underlying insurance" are made part of this policy, and apply to words or phrases used in this policy provided always that words or phrases in quotations in this policy will have the meaning given them in this policy. "Aircraft products" means: a. an aircraft; b. ground control or support equipment; or c. any article, component or device made, sold, licensed, handled or distributed by any insured that is used to achieve, control or maintain flight or landing of an aircraft. "Asbestos" means the mineral in any form. "Controlling underlying insurance" means the policy listed in the Schedule of Underlying Insurance shown in the Declarations, or its renewal or replacement, which applies to the "loss," or would have applied but for: a. an exclusion in that policy; or b. the exhaustion or erosion of an aggregate limit of insurance; If more than one policy is listed in the Schedule, the"controlling underlying insurance" is the policy which applies to the"loss" or would have applied but for the reasons a. or b. listed above. "Defense expenses" means expenses we incur to investigate a claim or defend a suit. Defense expenses include interest which accrues on our portion of a judgment, after entry of that judgment and after the insured or any underlying insurer has paid the full amount of their portion of the judgment but before we have paid, offered to pay or deposited in the court the part of the judgment that is within our applicable Limits of Insurance. "Employment practices" means: a. dismissal, discharge or termination of employment, whether actual, constructive or retaliatory; b. failure or refusal to hire or promote; c. discipline, demotion, coercion or retaliatory treatment; d. failure to grant tenure, e. negligent employment evaluation; f. sexual or other workplace harassment, including quid pro quo and hostile work environment; g. employment discrimination; h. invasion of privacy, violation of employment related civil rights, employment related libel, slander or defamation; I. creating or enforcing or failing to create or enforce employment related policies or procedures;or j. actual or alleged violations of the Family and Medical Leave Act of 1993 or its amendments. "Event" means an accident, incident, occurrence, offense, wrongful act or other"loss" causing "event" defined by and to which the"controlling underlying insurance"applies. Navigators Insurance Company NAV-EXC-001 (04/10) 9 Pa Y Page 6 of 7 Contains copyrighted material of the Insurance Services Office, Inc. with its permission. Rhine Demolition,LLC SE13EXC7254771V "Fungi" means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi. But"fungi" does not include mushrooms cultivated for human consumption. "Loss" means bodily injury, property damage, personal and advertising injury or other loss defined by and to which the "controlling underlying insurance" applies. "Policy period" means the period of time between the effective date shown in the Declarations and the earlier of the expiration date shown in the Declarations or the expiration date shown in an endorsement to this policy. "Silica" means silicon dioxide, occurring in crystalline, amorphous or impure forms, silica particles, silica dust or silica compounds. "Silica related dust' means a mixture or combination of silica and other dust particles. "Underlying limits" means the amounts shown in the Declarations as the minimum limits of insurance to be provided by "controlling underlying insurance." In Witness Whereof,the issuing Company has caused this policy to be signed officially below, and countersigned on the Declarations page by a duly authorized representative of said Company. Stanley A. Galanski Jeff L.Saunders President Vice President Il NAV-EXC-001 (04/10) Navigators Insurance Company pago 7 of Contains copyrighted material of the Insurance Services Office, Inc. with its permission. Rhine Demolition,LLC SE13EXC7254771V THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION SCHEDULE Name of Person or Organization: As required by written contract . Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to SECTION IV-CONDITIONS, 13. Transfer of Rights of Recovery Against Others. 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. This waiver applies only to the person or organization shown in the Schedule above. All other terms of the policy remain unchanged. NAV-ECD-6012 (01111) Page 1 of 1 Contains copyrighted material of the Insurance Services Office, Inc. with its permission. Rhine Demolition, LLC SE13EXC7254771V COMMERCIAL EXCESS LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CONDITIONS OTHERINSURANCE PRIMARY AND NON-CONTRIBUTING This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART SCHEDULE As required by written contractor agreement. A. Section IV - Conditions, 9. Other Insurance is deleted and replaced by the following: I 9. This insurance is excess over any other insurance available to the insured except: i i a. insurance that is purchased specifically to apply in excess of this policy; or b. insurance available to the person or organization shown in the Schedule of this endorsement as an additional insured on the "controlling underlying insurance." B When this insurance applies on a primary and non-contributing basis, the Limits of Insurance available for the additional insured will be the lesser of: 1 . the amounts shown in item 3 of the Declarations of this policy; or 2. the amount of insurance you are required to provide the additional insured in the written contract or agreement. All other terms of the policy remain unchanged. i NAV-EXC-348A(01/11) Navigators Insurance Company Page 1 of 1 Contains copyrighted material of the Insurance Services Office, Inc.with its permission. i f ® L 3/0 612 0 1 3 EVIDENCE OF COVERAGE ONLY To whom it may concern: Pursuant to the new 09/09 version of the Acord Certificate of Liability form, it is no longer necessary to list entities as Additional Insured in the Description of Operations box. Generally, the Description of Operations is reserved for project names, vehicles, specific equipment or locations. If the additional insured box is checked, you may refer to the additional insured endorsement attached to your certificate which specifies the coverage provided. As the agent, we prefer not to utilize the Description of Operations box as a means for interpreting policy language. As an alternative, we will attach the applicable endorsements from the policy. Please remember the certificate of insurance confers no rights upon the certificate holder. Coverage is always dictated by the policy terms and its respective endorsements as established by the contract that is in place between the Named Insured and the Certificate Holder. Sincerely, Propel Insurance I • WORK REQUEST FOR LAW DEPARTMENT KENT Please fill in all applicable boxes WASHINGTON / Ly'r )., Department: ��-s Originator: / lrj &I I 1 b'�(G9Q �u OS w r Y� Phone: Date Sent: /�1/ Date Requested: Explanation of work request: e yr e w ve I !' S "o2ft� [-2(✓ G Vz vao r s Sa rn�le Z Received: CIE 'JAN 14 Z014 KENT LAW DEP I Law Department Comments: nCA Date Forwarded to Originator: ` 5/ i lage5750 • 3/06 REQUEST FOR MAYOR'S SIGNATURE T Please Fill in All Applicable Boxes Reviewed by Director Originator's Name: Brian Levenhagen Dept/Div. Parks Planning" & Development Extension: 5116 Date Sent: 1/28/2014 Date Required- Return to: Brian / Lynn Osborn CONTRACT TERMINATION DATE: 60 days VENDOR: Rhine Demolition DATE OF COUNCIL APPROVAL: N/A ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: A Public Works agreement for demolition of the Rockwell house at 12608 SE 248t" St. adjacent to Clark Lake Park. Total contract amount: $17,958.00 i ,l L i All Contracts Must Be Routed Through The Law Department r (This area to be completed by the Law Department) i Received: j Approval of Law Dept.: Law Dept. Comments: Ir- L 1 N Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: . Recommendations and Comments: C n a ' r � Disposition. 3 , Date Returned: