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HomeMy WebLinkAboutPW13-236 - Original - Gray & Osborne, Inc. - Light Pole Repair - 08/29/2013 Ka Records Management KENT `�.., Document` WpSHINOTOH ry 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: Gray & Osborne, Inc. Vendor Number: )D Edwards Number Contract Number: 'PW 13 ® 2 U This is assigned by City Clerk's Office Project Name: Standard Detail Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 8/29/13 Termination Date: 9/30/13 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: 7ohn Rostad Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Prepare a standard detail for the repair of existing light pole standards_ S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Gray & Osborne, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Gray & Osborne, Inc. organized under the laws of the State of Washington, located and doing business at 701 Dexter Ave. N., Suite 200, Seattle, WA 98109, Phone: (206) 284-0860/Fax: (206) 283-3206, Contact: Thomas Zerkel (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall prepare a standard detail for the repair of existing light pole standards. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by September 30, 2013. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Thousand, Nine Hundred Dollars ($1,900.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of CONSULTANT SERVICES AGREEMENT - 1 (Under$10,000) an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT - 2 (Under$10,000) VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant 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 Consultant's part, then Consultant 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 Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. CONSULTANT SERVICES AGREEMENT - 3 (Under$10,000) XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice, All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of CONSULTANT SERVICES AGREEMENT - 4 (Under$10,000) the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail, H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: 2�tii< L% By: (sign t r e) GNA0 $2E2GA1 (signature) Print Dame: n —tTvzrs� Print Name: Steve, Mullen P.E. Its rr c „Io Its: Clry �i�G�a,FR (title) DATE: DATE: 0/.29/ia NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Thomas Zerkel Timothy J. LaPorte, P.E. Gray & Osborne, Inc. City of Kent 701 Dexter Ave, N., Suite 200 220 Fourth Avenue South Seattle, WA 98109 Kent, WA 98032 (206) 284-0860 (telephone) (253) 856-5500 (telephone) 206 283-3206 facsimile (253) 856-6500 (facsimile) Gray®Oshome-St Light HestoratlonjR slad III i CONSULTANT SERVICES AGREEMENT 5 (Under$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this 62� 07 day of &C , 201 j By: For: Title: r ,-7s Date:^ 4y 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 i 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 outlinedin the City I 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 L this t� y da of , 20 � . By: z2L 11ze 3(�," For: ��rz � R Z a�k18- Title• rti-5 7— Date: (9 ) .. -L) g-._ I i EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A SCOPE OF WORK CITY OF KENT LIGHT STANDARD REPAIR DETAIL PROJECT UNDERSTANDING It is our understanding that the City of Kent desires a standard detail for the repair of existing light pole standards that have been damaged in collisions. The standard detail will allow for repair or modification of the existing concrete base to allow for the mounting of the new light standard assembly and breakaway coupling per City of Kent standards. The City has expressed an interest in two possible repair options, One option would be to repair the existing threaded studs to remount the new light standard. It is our understanding that many municipalities weld new studs onto the existing stud as a repair option. Because of the uncertainty of held welding and the need for special inspection for engineered welds, this option may not be feasible as an engineered standard, An alternative would be to cut the stud flush with the top of concrete, remove some of the concrete to expose the existing stud, and use a threaded coupling assembly with a new stud extension to allow mounting of the light standard. This option would require a sufficient length of threaded bolt remaining to allow full strength of connection to be developed. The second option would be to rotate the existing bolt pattern 45 degrees and drill new holes to accept studs with an anchoring system. This option is easier to standardize since the anchorage will be new components in a standardized installation configuration rather than a field repair. This scope of work assumes that the sole purpose of the bolted anchorage is to provide structural support for the light standard assembly. All safety considerations and breakaway function are assumed to be from the breakaway coupling, SCOPE OF WORK Gray& Osborne will prepare a standard detail for the installation of new anchors by drilling and anchor placement. The detail is anticipated to be one page, with a plan view detail showing the bolt pattern and an elevation showing embedment. The detail sheet will also include construction notes and specifications for materials. Gray & Osborne will investigate options for using the existing anchor studs including removing a portion of the concrete base and affixing new stud material. If the repair option is feasible from an engineering standpoint, Gray & Osborne will develop a o&ou2oisssi Page I oft I� standard detail that would be of similar form to the detail described for the other repair alternative. The not-to-exceed cost for this scope of work is $1,900, I i Q&O N2013591 Page 2 of 2 EXHIBIT B ENGINEERING SERVICES SCOPE AND ESTIMATED COST City of Kent-Light Standard Repair Detait AutoCAD/GIS Project Structural Tech./Eng. Manager Eng. Intern Tasks Hours Hours Hours Standard Detail for New Anchors 2 6 Anchor Stud Repair Options 4 Standard Detail for Stud Repairs 2 6 Quality Assurance/Quality Control 1 I hour Estimate: 1 9 12 Estimated Fully Burdened Billing Rate:* $140 $105 $65 Fully Burdened Labor Cost: $140 $945 $780 Total Fully Burdened Labor Cost: $ 1,865 Direct Non-Salary Cost: Mileage& Expenses(Mileage @$0.56lmile) $ 35 TOTAL ESTIMATED COST: $ 1,900 * Actual labor cost will be based on each employee's actual rate. Estimated rates are for determining total estimated cost only. Fully burdened billing rates include direct salary cost, overhead, and profit, G&O N20175.91 Page 1 of 1 i i EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: I 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. i L � EXHIBIT C (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers I Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. — — DATE IMMIDDIYYYYI ,4c41ORBO® CERTIFICATE OF LIABILITY INSURANCE 8/16rzo13 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 h an ADDITIONAL INSURED,the pollcy(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 endorsements . 0 CT �e'��,,,,� �,,.nn� PRODUCER NAME: MichaelJEall_&.GCnWRy--- FA% PHONE '�700 pIC Noll Michael J Hall&Company E�+AI'ig` `36Q�S- Hall&Company ADOR ss. rtificates�G hallandcomganvTomT 196601OthAve NE INSURERS AI FFORDINGCOVERAGE NAICle Poulsbo WA 98370 - LOERS C GO -6O OF AMER boe�a INSURER A -RAVE 'INSURED 4INSURER B: Gray&Osborne Inc INSURER C: 701 Dexter Avenue N#200 INSURER D:.__._ -.- —}-- Seattle WA 98109 INSURERE_: _. INSURER F: COVERAGES CERTIFICATE NUMBER:134626560 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 LIMITS - DL SDBR POLICY EFF POLICY IN$R rypE OFINSURANCE I R WVD POLICY NUMBER MIODIYYY MMID011Yyy3 LT 11 D72012 /10/2013 EACH GOEg RETCE 51000,000 q GENERAL LIABILITY 52SBADU7303 DAM TOO RD 300,000 X PREM�Ee occurrence - COMMERCIAL GENE RAL LIABILITY r MED Ex,(Any one person) $10 000 i ]CLAIMS-MADE OCCUR X OCP/XCU(BFPD PERSONAL&ADV INJURY $1000_,000 -- '- GENERAL AGGREGATE $2,00_i00D X Speration Inds - i PRODUCTS-COMPIOP AGG $2,000_,000 GEN'L AGGREGATE LIMIT APPLIES PER: $ POLICY I^ PRO- LOC A AUTOMOBILE LIABILITY 52U ECJS3276 110/2012 11012013 Ea acc'denl _. IT $1000000 BODILY NJURY(Per parson) $ ^ ANV AUTO BODILY INJURY(Per accident) $ I—JI AUTOLSMJED AUTOSSCHEDULED I PROPERTY DAMAGE .$ F NON-OVMIED Peracdclanl HIREDAUTOS AUTOS $ A X UMBRELLA LIA9 X OCCUR 52SBADU7303 A012012 !1012013 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 EXCESS UAB CLAIMS-MADE DED X RETENTION$t0,000 I -- $ __ �ccrrr-- Lmay-uMI oEH A WORKERS COMPENSATION 52SBADU7303 b11012012 p110/2013 X WA Slop Gap AND EMPLOYERS'LIABILITY YIN E.L.EACH ACCIDENT $1,000,000 _ ANY PROPRIETORIPARTNERIEXECUTIVE❑ NIA ma,kOFFIC Rry In II R EXCLUDED? E.L.Lrder DISEASE-POLICY LIMIT T $1,000,000 (Mandatory in NH) If Dyes,tlescdbe OF O DESCRIPTION OF OPERATIONS below B Professional Liab:Claims Made 105339819 /10/2012 110/2013 $j Claim ,000,00D Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Re: Light Standard Detail City of Kent is an additional insured per written contract or agreement between insured and insured's client on the General Liability an Automobile Liability regarding liability arising out of activities by or on behalf of the named insured. This insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non-contributing with this insurance. A waiver of subrogation applies to the General Liability,Auto Liability, &Employers Liability and Umbrella 1 Excess Liability in favor of the Additional Insured. CERTIFICATE HOLDER CANCELLATIONi SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent 400 West Gowe Kent WA 98032 AUTHORIZEDREPRESENTATIVE ©1S ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Policy#52SBAOU7303 BUSINESS LIABILITY COVERAGE FORM (4) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control Is being exercised for any (1)' "Bodily Injury or "property damage" purpose by you, any of your that occurred;or ,employees", "volunteer workers", (2) "personal and advertising injury" any partner or member (if you are arising out of an offense committed a partnership or joint venture), or before you acquired or formed the any member (if you are a limited organization. liability'company). b. Real Estate Manager 4. Operator Of Mobile Equipment With respect to"mobile equipment" registered In Any person (other than your"employee"or "volunteer worker"), or any organization your name under any metre vehicle registration while acting as your real estate manager. law, any person is an 'Mice higwhilhway y withving such equipment along a public highway with your I c. Temporary Custodians Of Your permission. Any other person or organization Property responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment,and die,but only: only if no other Insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property;and However,no person or organization is an insured (2) Until your legal representative has with respect to: been appointed. a. "bodily Injury" to a co="employee"' of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property damage" to property owned b . rented to, in the charge of or occupied by only with respect to duties as such. That you or the employer of any person who is representative will have all your rights and an insured under this provision. duties under this insurance. e. Unnamed Subsidiary S. Operator of Nonowned Watercraft you Any subsidiary and subsidiary thereof, of With respect t1 watercraft do.not own that is less than yours which is a legally Incorporated entity feet long and Is not being used of which you own a financial interest of to carry persoo ns fora charge,any person is an of the voting more than 50'/0 ting stock on the insured while operating such watercraft with your permission.. Any other person or effective date of this Coverage Part. organization responsible for the conduct of The insurance afforded herein for any such person is also an insured, hot only with subsidiary not shown in the Declarations respect to liability arising out of the operation as a named insured does not apply to of the watercraft, and only If no other injury or damage with respect to which an insurance of any kind is available to that Insured under this Insurance is also an person or organization for this liability. insured under another policy or would be However, no person or organizeflon is an an insured under such policy but for Its Insured with respect to: termination or upon the exhaustion of Its a. "Bodily injury" to a co-"employee" of the limits of insurance. person operating the watercraft;or 3. Newly Acquired Or Formed Organization b. "Property damage" to property owned by, Any organization you newly acquire or form, rented to, In the charge of or occupied by other than a partnership, joint venture or you or the employer of any person who is limited liability company, and over which you an insured under this provision. maintain financial Interest of more than 50% of the voting stock, will qualify as a Named 6. Additional Insureds When Required By Written Contract, Written Agreement Or Insured if there Is no other similar insurance Permit available to that organization. However; a. Coverage under this provision is afforded The person(s) or organzation(sj identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period,whichever is earlier; and Page 11 of 24 Form ss 00 08 04 05 The Hartford Policy#52SBADU7303 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e)` Any failure to make such permit issued by a state or political inspections,, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make In the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit, with the distribution or sale of the A person or organization is an additional products; Insured under, this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed at the vendor's premises In However, no such person or organization Is an connection with the sale of the additional Insured under this provision if such product; person or organization is included as an (g) Products which, after distribution additional Insured by an endorsement issued or sale by you, have been labeled by us and made a part of this Coverage Part, or relabeled or used as a including all persons or organizations added container, part or Ingredient of any as additional insureds under the specific other thing or substance by or for additional insured coverage grants in Section the vendor;or F.—Optional Additional Insured Coverages. (h) "Bodily injury" or "property a. Vendors damage arising out of the sole Any person(s)or organization(s)(referred to negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However,this or sold in the regular course of the vendor's exclusion does not apply to; business and only if this Coverage Part provides coverage for "bodily injury" or (i) The exceptions contained "property damage" included within the Subparagraphs (d)or(t]; in or o "Products-completed operations hazard". (11) Such inspections, adjustments, (1) The Insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions; undertakes to make In the usual course of business, in This insurance does not apply to: connection with the distribution (a) "Bodily Injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement, or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the ooniaining such products. vendor would have in the absence b, Lessors Of Equipment of the contract or agreement; (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you ease equipment; but only with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising Injury" by the vendor; caused, In whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under Instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 06 Policy#52SBADU7303Policy# 528BADU7303 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e, Permits Issued By State Or Political to these additional insureds, this Subdivisions Insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded Injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality;or (a) Any "occurrence" which takes (b) "Bodily injury"or"property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises;or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition Is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d.,.Architects, Engineers Or Surveyors advertising Injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "twdlly the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) In connection with your premises; (c) In connection with"your work"and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (1) The written contract or written (2) With respect to the Insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured;and This insurance does not apply to (fi) This Coverage Part provides "bodily Injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard", services by or for you,including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications;or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, Including: activities. Form SS 00 08 04 D5 Page 13 of 24 i Polley#52SBADU7303 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications;or explosion. (b) Supervisory, inspection, 3, Each Occurrence Limit architectural or 'engineering Subject to 2.a. or 2.b above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages -because of all "bodily Injury", insureds are described in Section D. — Limits "property damage" ,and medical expenses Of Insurance, arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown In insurance is available to an additional insured the Declarations. Is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E.—Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions, one person Is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations, respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for company that Is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations. 1. The Most We Will Pay 5. Damage To Premises Ranted To You Limit The Limits of Insurance shown in the Declarations and the rules below fix the most The Damage To Premises Rented To You we will pay regardless of the numberof: Limit is the most we will pay under Business Liability Coverage for damages because of a. Insureds; "property damage"to any one premises, while I Claims made or"suits"brought;or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing "suits". temporarily occupied by you with permission of 2. Aggregate Limits the owner. The most we will pay for. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the 6. How Limits Apply To Additional Insureds Declarations. b. Damages because of all other "bodily The most we will pay on behalf of a person or Injury", "property damage" or "personal organization who is an additional insured and advertising injury', including medical under this Coverage Part is the lesser of: expenses,_is the General Aggregate Limit a. The limits of insurance specified in a shown In the Declarations. written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political separately to. each of your "locations" subdivision;or owned by or rented to you. b. The Limits of Insurance shown in the "Location" means premises Involving the Declarations. same or connecting lots, or premises Such amount shall be a part of and not in whose connection Is interrupted only by a addition to the Limits of Insurance shown In street, roadway or right-of-way of a the Declarations and described in this Section. railroad. Page 14 of 24 Form SS 00 08 04 05 Policy#52SBADU7303 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or"suit", the most we will pay legal papers received. In connection under this. policy and the endorsements Is the with the claim or"suit single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses limit set forth In Paragraph 3.above. (3) Cooperate with us in the investigation, The Limits of Insurance of this Coverage Part apply settlement the claim or defense g pP Y against the "suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request,, in the any remaining period of less than 12 months,starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of Injury after issuance for an additional period of less than 12 or damage to which this Insurance months. In that case, the additional period will be may also apply, deemed part of the last preceding period for purposes of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own GENERAL CONDITIONS cost, voluntarily make a payment, assume .any obligation, or incur any expense, other 1. Bankruptcy than for first aid,without our consent. Bankruptcy or insolvency of the insured or of e, Additional Insured's Other Insurance the Insured's estate will not relieve Us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other Insurance available to an Offense,Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the You or any additional Insured must see to other Insurer for defense and indemnity, it-- that we are notified as soon as However, this provision does not apply to practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or the extent possible, notice should include: permit that this insurance is primary and non-contributory with the additional (1) How,when and where the "occurrence" Insured's own insurance. or offense took place; I. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses;and 3 The nature and location of an injury any additional al and reb. apply to you or to ( ) y J ry any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" Is "occurrence"or offense. known to: b. Notice Of Claim (1) You or any additional insured that is if a claim is made or "suit" is brought an Individual; against any Insured, you or any additional (2) Any partner, if you or an additional Insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; Insured Is a limited liability company; and (2) Notify us as soon as practicable. (4) Any "executive officer"manager, if you or an insurance additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or"suit"as soon as practicable, insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, If you Insured or an additional insured is a political You and any other involved insured must; subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 Policy#32SBADU7303 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured, upon your representations, 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the 'inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Otherinsurance insurance required by that law. If b. With respect to "mobile equipment" to available for loss we cover under this other valid and collectible. Insurance is which this insurance applies, we will a Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows: underinsured motorists, no-fault or other coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also 4. Legal Action Against Us primary, we will share with all that other No person or organization has a right under insurance by the method described in c. this Coverage Form: below. a. To join us as a party or otherwise bring us b. Excess Insurance into a "suit" asking for damages from an This insurance Is excess over any of the Insured; or other Insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis,. all of its terms have been fully complied (1) Your Work with. That Is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for"your work"; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of this insurance or that are in excess of the That is fire, lightning or explosion applicable limit of insurance. An agreed insurance for premises rented to you settlement means a settlement and release of or temporarily occupied by you with liability signed by us, the insured and the permission of the owner; claimant or the claimant's legal representative. (3) Tenant Liability 5. Separation Of Insureds That is insurance purchased by you to Except with respect to the Limits of Insurance, cover your liability as a tenant for and any rights or duties specifically assigned property damage"to premises rented in this policy to the first Named Insured, this to you or temporarily occupied by you insurance applies: with permission of the owner; - a. As If each Named Insured were the only (4) Aircraft,Auto Or Watercraft Named Ensured;and If the loss arises out of the maintenance b. Separately to each insured against whom or use of aircraft, "autos"or watercraft to a claim is made or"suit"is brought. the extent not subject to Exclusion g. of 6. Representations SectionA.—Coverages. a. When You Accept This Policy (5) Property Damage To Borrowed p y Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k, of Section A.— representations you made to us;and Coverages. i Page 16 of 24 Form SS 00 08 04 05 Policy 0 52SBADU7303 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance Is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of: you covering liability for damages (1) The total amount that all such other arlsing out of the premises or insurance would pay for the loss In the operations, or products and completed absence of this Insurance; and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance; or insurance. (7) When You Add Others As An We will share the remaining loss,if any,with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That Is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the I-lowever, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an if all the other insurance permits additional insured under this Coverage contribution by equal shares,we will follow Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance is primary if you Insurance or none of the loss remains, have agreed In a written contract, whichever comes first. written agreement or permit.that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method,each share with all that other Insurance insurers share Is based on the ratio of its by the method described in c, applicable limit of insurance to the total below, applicable limits of insurance of all insurers, (b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed In a written If the insured has rights to'recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our: primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not Paragraphs (a) and (b) do not apply to apply to Medical Expenses Coverage. other Insurance to which the additional b, Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional Insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or art of an defend the insured against any"suit"if any g P y payment, Including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the Insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage. Fonn SS 00 08 04 05 Page 17 of 24 Policy t 52UECJ83276 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. i ADDITIONAL INSURED AND RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Any person or organization whom you are required by contract to name as additional insured is an "insured" for LIABILITY COVERAGE but only to the extent that person or organization qualifies as an "Insured" under the WHO IS AN INSURED provision of Section II - LIABILITY COVERAGE, B. For any person or organization for whom you are required by contract to provide a waiver of subrogation, the Loss Condition-TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is applicable. gill Form HA 99 13 01 87 Printed in U.S.A.