HomeMy WebLinkAboutPW13-271 - Original - VanDevanter Associates - Green River Levee Animations - 08/19/2013 ,. kl.' i ••I
Records Manageme n t ,
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: VanDevanter Associates
Vendor Number:
JD Edwards Number
Contract Number: VW 'a 00
This is assigned by City Clerk's Office
Project Name: Green River Levee Projects
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: 8/19/13 Termination Date: 12/31/13
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Toby Hallock Department: Engineering
Detail: (i.e. address, location, parcel number, tax id, etc.):
Create a series of ground level animations for the levee projects.
S•Publ lc\RecordsM anagement\Forms\ContractCover\adcc7B32 1 11/08
S
KENT
Wns HI"aTo.a
GOODS & SERVICES AGREEMENT
between the City of Kent and
VanDevanter Associates
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and VanDevanter Associates organized under the laws of
the State of Washington, located and doing business at 12705 SW 2481h Street, Vashon, WA
98070, Phone: (206) 463-7611, Contact: Mark VanDevanter (hereinafter the "Vendor").
i
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods .and materials and/or perform the following
services for the City:
The Vendor shall create a series of ground level animations for the Green River
Levee Projects. For a description, see the Vendor's Scope of Work which is
attached as Exhibit A and incorporated by this reference.
Vendor acknowledges and understands that it is not the City's exclusive provider of these
goods, materials, or services and that the City maintains its unqualified right to obtain these
goods, materials, and services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall
complete the work and provide all goods, materials, and services by December 31, 2013.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Nine
Thousand, Six Hundred Dollars ($9,600,00), including applicable Washington State Sales Tax,
for the goods, materials, and services contemplated in this Agreement. The City shall pay the
Vendor the following amounts according to the following schedule:
GOODS & SERVICES AGREEMENT - 1
(Under$10,000.00, including WSST)
The Vendor shall be paid after execution of agreement and delivery of animations.
If the City objects to all or any portion of an invoice, it shall notify Vendor 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.
I
A. Defective or Unauthorized Work. The City reserves its right to withhold payment
from Vendor for any defective or unauthorized goods, materials or services. If
Vendor is unable, for any reason, to complete any part of this Agreement, the City
may obtain the goods, materials or services from other sources, and Vendor shall
be liable to the City for any additional costs incurred by the City. "Additional costs"
shall mean all reasonable costs, including legal costs and attorney fees, incurred by
the City beyond the maximum Agreement price specified above. The City further
reserves its right to deduct these additional costs incurred to complete this
Agreement with other sources, from any and all amounts due or to become due the
Vendor.
B. Final Payment• Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT
SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME
REQUEST FOR FINAL PAYMENT IS MADE.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch, 51.08 RCW, the parties make the following
representations:
A. The Vendor has the ability to control and direct the performance and details
of its work, the City being interested only in the results obtained under this
Agreement.
B. The Vendor maintains and pays for its own place of business from which
Vendor's services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the
City retained Vendor's services, or the Vendor is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Vendor is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Vendor has registered its business and established an account with the
state Department of Revenue and other state agencies as may be required
GOODS & SERVICES AGREEMENT - 2
(Under$10,000.00, including WSST)
by Vendor's business, and has obtained a Unified Business Identifier (UBI)
number from the State of Washington.
F. The Vendor maintains a set of books dedicated to the expenses and earnings
of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement.
VI. CHANGES. The City may issue a written amendment for any change in the goods,
materials or services to be provided during the performance of this Agreement. If the Vendor
determines, for any reason, that an amendment is necessary, Vendor must submit a written
amendment request to the person listed in the notice provision section of this Agreement,
section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have
known of the facts and events giving rise to the requested change. If the City determines that
the change increases or decreases the Vendor's costs or time for performance, the City will
make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the
Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will
determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from
the City before actually receiving the written amendment. If the Vendor fails to require an
amendment within the time allowed, the Vendor waives its right to make any claim or submit
subsequent amendment requests for that portion of the contract work. If the Vendor disagrees
with the equitable adjustment, the Vendor must complete the amended work; however, the
Vendor may elect to protest the adjustment as provided in subsections A through E of Section
VII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. An amendment that
is accepted by Vendor as provided in this section shall constitute full payment and final
settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
VII. CLAIMS. If the Vendor disagrees with anything required by an amendment,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Vendor may file a claim as provided in this
section. The Vendor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Vendor knew or should have known of the facts or events giving
rise to the claim, whichever occurs first . Any claim for damages, additional payment for any
reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively
deemed to have been waived by the Vendor unless a timely written claim is made in strict
accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
GOODS & SERVICES AGREEMENT - 3
(Under$10,000.00, including WSST)
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred
as a result of the asserted events giving rise to the claim. The City shall have
access to any of the Vendor's records needed for evaluating the protest.
The City will evaluate ail claims, provided the procedures in this section are
followed. If the City determines that a claim is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall
proceed promptly to provide the goods, materials and services required by the City
under this Agreement.
D. Failure to Protest Constitutes Waiver. By not-protesting as this section provides,
the Vendor also waives any additional entitlement and accepts from the City any
written or oral order (including directions, instructions, interpretations, and
determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures
of this section, the Vendor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM
THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT
SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY
LIMITATIONS PERIOD.
IX. WARRANTY. This Agreement is subject to all warranty provisions established
under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants
goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and Vendor's representations to City. The Vendor
shall correct all defects in workmanship and materials within one (1) year from the date of the
City's acceptance of the Contract work. In the event any part of the goods are repaired, only
original replacement parts shall be used—rebuilt or used parts will not be acceptable. When
defects are corrected, the warranty for that portion of the work shall extend for one (1) year
from the date such correction is completed and accepted by the City. The Vendor shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Vendor does not accomplish the corrections within a reasonable time as
determined by the City, the City may complete the corrections and the Vendor shall pay all costs
incurred by the City in order to accomplish the correction.
GOODS & SERVICES AGREEMENT - 4
(Under $10,000,00, including WSST)
i
X. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on
behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates.
Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy
Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract
work, file the attached Compliance Statement.
XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Vendor's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Vendor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION, THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Vendor refuses tender of defense in any suit or any claim, if that tender was
made pursuant to this indemnification clause, and if that refusal is subsequently determined by a
court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable
expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred
because there was a wrongful refusal on the Vendor's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
XII. INSURANCE. The Vendor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors
in the performance of the contract work and shall utilize all protection necessary for that
purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any
loss of or damage to materials, tools, or other articles used or held for use in connection with the
work,
XIV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
GOODS & SERVICES AGREEMENT - 5
(Under$10,000,00, including WSST)
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of .this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section XI of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
!
F. Modification, No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Vendor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
GOODS & SERVICES AGREEMENT - 6
(Under $10,000,00, including WSST)
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
VENDOR: 1 CITY OF KENT:
-By: By:
(signatur ) Ignature)
Print Name: t Print Name: Ti&thy J. LaPorte, P.E.
Its: % i .0 Its: Public Works Director
true) -r t
DATE: <' _ DATE: r
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
Mark VanDevanter Timothy J. LaPorte, P.E.
VanDevanter Associates City of Kent
12705 SW 2481h Street 220 Fourth Avenue South
Vashon, WA 98070 Kent, WA 98032
I
(206) 463-7611 (telephone) (253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
VanDevanter-GR Levees/Hallock
GOODS & SERVICES AGREEMENT 7
(Under$10,000,00, including WSST)
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 day of 20.
By:
For:
Title: T�i2� A
Dater I � /
EEO COMPLIANCE DOCUMENTS - 1 of 3
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 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of 20 •
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3 of 3
EXHIBIT A
Green River Levee visualizations.
Preliminary scope
Create a series of overhead to ground level animations and integrate them with PowerPoint stills (by
others) to Illustrate the Impacts of flood control measures in flooding events in Kent, Washington.
Master context model
Construct a 3D master terrain model of the City of Kent with more detailed terrain around the Green River
basin.Apply vertical aerial photographic textures to the terrain model and construct basic massing of
existing buildings with roof textures applied to simple roof planes to help orient the viewers to the
locations of the flood control improvements.
8 hrs @$150.00/1hr
Horseshoe Bend Levee/S 259th flood wall animation and still graphics 6 hrs @ $150.001hr
Milwaukee tit Levee animation and still graphics 6 hrs @$150.00lhr
Poster Park Levee animation and still graphics 6 hrs @$150.00/hr
Hawley Rd Levee animation and still graphics 6 hrs @ $150.00/hr
SR 516 to S 231"Way Levee animation and still graphics 6 hrs @$150.001hr
Russell Lower/Lowest Levee animation and still graphics 6 hrs @$150.00ihr
Boeing Levee animation and still graphics 6 hrs @ $150.001hr
Briscoe/Desimone Levee animation and still graphics 6 hrs @$150.001hr
Animation scripting and editing 4 hrs @$150.00lhr
Meetings and miscellaneous coordination 4 hrs @ $150.001hr
Projected production budget 64 hrs @$150,00/hr= $9,600.00
I
Mark VanDevanter, Architect
VanDevanter Associates
12706 SW 2481" Street
I
Vashon, WA 98070
(206) 463-7611
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage, If necessary, the policy shall be
endorsed to provide contractual liability coverage,
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General
Liability insurance shall be endorsed to provide the Aggregate Per
Project Endorsement ISO form CG 25 03 11 85. The City shall be
named as an insured under the Consultant's Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 it 85 or a
substitute endorsement providing equivalent coverage.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $100,000 per
accident.
i
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, and $1,000,000 general
aggregate.
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant's
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
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 Consultant 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.
i
MARKV-3 OP ID:VM
A��R® CERTIFICATE OF LIABILITY INSURANCE DATO(8112113
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ios) 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 800-289.0930 CONTACT
NAME: _
Liberty Northwest Insurance 800-845.3666 PHONE _- Fax
PO BOX 188065 C oEzt: __._-_ A/C No:
Fairfield,OH 45018 E-MAIL .
Liberty Northwest WA-SC ADDRESS:
INSURERISI AFFORDING COVERAGE NAICV _
INSURER A:American States Insurance 19704
INSURED Mark Vandevanter INSURER B:
DBA VANDEVANTER ASSOCIATES -----_--- --""""---
12705 Sw 248th St INSURERC:
Vashon,WA 98070 INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTVNTHSTANDING 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,
EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR I.. TYPE OF INSURANCE DDL UBR POLICY NUMBER POLICY FEE
MOLD YYYYEXP LIMITS
LTR
GENERALLIABILITY EACH OCCURRENCE $ 1,000,000
A X COMMERCIAL GENERAL LIABILITY X 01CH71081660 01/08113 01/08/14 pREMERS Ea occurrence $ 200,000
CLAIMS-MADE I OCCUR MED EXP(Anyone person) $ 10,000
PERSONAL&ADV INJURY $ 1,000,00C
GENERAL AGGREGATE $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG $ 1,0003000
X POLICY PRO LOG $
AUTOMOBILE LIABILITY COM8INED SINGE LIMIT
Ea accitlenl $ _
ANY AUTO
BODILY INJURY(Per person) $ "
ALL OWNED F SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS ----
NON-OWNED PROPERTY DAMAGE $
HIREDAUTOS AUTOS Per accident --
$
UMBRELLA LIAR OCCUR EACHOCCURRENCE $
EXCESS LIAR CLAIMS-MADE AGGREGATE $
DED RETENTION$ $
WORKERS COMPENSATION SLI TIUS PETEL
R
AND EMPLOYERS'LIABILITY YIN - -
ANY PROPRIETORIPARTNERAD(ECUTIVE N/A E.L.EACH ACCIDENT $
OFFICEWMEMBER EXCLUDED?
(Mandatory in NH) E.L.DISEASE-EA EMPLOYE $
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACOR01 oi,Atltlltlonal Remarks Schedule,If more space is required)
The City Kent is Additional Insured if required in a written contract,
agreement, permit or schedule.
CERTIFICATE HOLDER CANCELLATION
THECITK
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
The City Kent ACCORDANCE WITH THE POLICY PROVISIONS.
Attn: Nancy Yoshitake
400 W.Gowe St AUTHORIZED REPRESENTATIVE
Kent,WA 98032 j JI,,,�,,,,,, �`{� �
��^^ Q 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered (narks of ACORD
® IvIll.onItuu II IOU Ir rue uumPdfIy M) U44 zuz4 Bd/13/2013 14:49 #819 P.001/005
REPRINTEDFROM THE FORMS LIORARY"
Policy 01CH71081660
COMMERCIAL GENERAL LIABILITY
CG867d1207
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS LIABILITY PLUS ENDORSEMENT
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
�9�999�099p799')947p997777777709000009D0900060
The City of Kent
Attention Nancy Yoshitake
400 West Cowe Avenue
Kent, WA 98032
DUTY 10 OtFEND or B or medical expenses under COV=
ERAGE G.
Paragraph a. of sLc;TION I — COVERAGE A and No other obligation or liability to pay sums or
COVERAGE B is replaced by the following: perform acts or services is covered unless ex-
a. We will pay those sums that the insured be- pllcftly provided for under SUPPLEMENTARY
comes legally obligated to pay as damages PAYMENTS — COVERAGES A AND B.
because of "bodily injury", "property
damage" or `personal injury and advertising EMPLOYERS LIABILITY
Injury" to which this insurance applles. We
will have the right and duty to defend the in- The last paragraph of exclusion e. of SECTION I -
sured against any "suit' seeking those dam- COVERAGE A is replaced by the following:
ages. Our duty to defend begins once you This exclusion does not apply to liabilityassumed
TIONnotify us of a suit as described in SEC- by the Insured under anp`n sured cotract" ex-
ABILITY IV COMMERCIAL GENERAL Le cept for that part of a contract or agreement that
ABILITY CONDITIONS, fen2.1h However, we indemnifies an person or organization for their
wfif have no duty to defend the Insured y p g
against any "suit" seeking damages for sole liability.
"bodily Injury", "property damage", or
"personal injury or advertising Injury" to WRONGFUL EVICTION
which this Insurance does not apply. We
may, at our discretion, investigate any The following exclusion Is added to SECTION I m
"occurrence" and settle any claim or `suit" COVERAGE B:
that may result. But: The wrongful eviction from, wrongful entry into,
(1) The amount we will pay for damages is or Invasion of the right of private occupancy of a
limited as described In SECTION III — room, dwelling or premises arising out of any:
LIMITS OF INSURANCE; and (1) "property damage' to the room, dwell-
(2) Our right and duty to defend ends when ing or premises; or
we have used up the applicable limit of (2) "bodily injury" sustained through occu-
Insurance in the payment of judgments pancy of a room, dwelling or premises.
or settlements under COVERAGES A
it
CG fi(i 74 17_ 07 page 1 of S"Isco and fie Safero %p ue rellslemd Iademwls of Salem coryodfDnP
Received Time Aug, 13. 2013 2: 44PM No, 0031
From,:Safece Insurance Company 509 944 2024 08/13/2013 14;49 #819 P.002/005
REPRINTED FROM THE FORMS LIBRARY-
ADDITIONAL INSURED — BY WRITTEN CON- This insurance does not apply to "bodily
TRACT, AGREEMENT OR PERMIT, OR SCHED. injury% "property damage", or
ULE personal and advertising injury" arising
out of operations performed for the state
The following paragraph Is added to SECTION 11 — or municipality;
WHO IS AN INSURED: c. The insurance with respect to any architect,
4. Any person or organization shown in the Sched- engineer, or surveyor added as an insured
ule or for whom you are required by written con- by this endorsement does not apply to
tract, agreement or permit to provide insurance `bodily injury", `property damage', or
is an insured, subject to the following additional "personal and advertising injury" arising out
provisions: of the rendering of or the failure to render
any professional services by or for you, In-
a. The contract, agreement or permit must be cluding:
In effect during the policy period shown In
the Declarations, and must have been exe- (1) The preparing, approving, or failing to
cuted prior to the "bodily injury", `property prepare or approve maps, drawings,
damage", or °personal and advertising opinions, reports, surveys, change or-
injury". dare,designs or specifications; and
b. The person or organization added as an in- (2) Supervisory, inspection or engineering
sured by this endorsement is an Insured only services.
to tho extent you are held liable due to; d. This insurance 'does not apply to "bodily
(1) The ownership, maintenance or use of injury" or "property damage" Included within
that part of premises you own, rent, the "products-completed operations
lease or occupy, subject to the following hazard',
additional provisions: e. A person's or organizations status as an in-
(a) This insurance does not apply to sured under this endorsement ends when
any "occurrence" whlch takes place your operations for that Insured are com-
after you cease to be a tenant in plate&
any premises leased to or rented to f. No coverage will be provided If, In the ab-
you; sence of this endorsement, no liability would
(b) This insurance does not apply to be Imposed by law on you. Coverage shall
any structural alterations, new con- be limited to the extent of your negligence
struction or demolition operations or fault according to the applicable principles
performed by or on behalf of the of comparative fault.
person or organization added as an g. The defense of any claim or °suit" must be
insured; tendered as soon as practicable to all other
(2) Your ongoing operations for that In- Insurers which potentially provide Insurance
sured, whether the work Is performed for such claim or "suit".
by you or for you; h. The Insurance provided will not exceed the
(3) The maintenance, operation or use by lesser of:
you of equipment leased to you by such (1) The coverage and/or limits of this policy,
person or organization, subject to the or
following additional provisions:
(2) The coverage and/or limits required by
(a) This insurance does not apply to said contract, agreement or permit.
any "occurrence"which takes place
after tho equipment lease expires; NON-OWNED WATERCRAFT AND NON-OWNED
(b) This Insurance does not apply to AIRCRAFT LIABILITY
"bodily Injury" or `property
damage' arising out of the sole Exclusion g. of SECTION 1 -- COVERAGE A is re-
negligence of such person or or- placed by the following:
ganization; g. "Bodily injury" or 'property damage" arising
(4) Permits Issued by any state or political out of the ownership, maintenance, use or
subdivision with respect to operations entrustment to others of any aircraft, "auto"
performed by you or on your behalf, or watercraft owned or operated by or rented
subject to the following additional pro-
vision:
Page 2 of 5
Received Time Au,, 13, 2013 2:44PM No. 0031
From:Safeco Insurance Company 509 944 2024 08/13/2013 14:49 #819 P.003/005
^^REPRINTED FROM THE FORMS LIBRARY"^
or loaned to any insured. Use Includes open- °Property damage"to:
atlon and loading or unloading". 1 Property ou own, rent, or occupy,
This exclusion applies even if the claims cluding any costs or expenses Incurred
against any insured allege negligence or by you, or any other person, organize,
other wrongdoing in the supervision, hiring, tion or entity, for repair, replacement,
employment, training or monitoring of others enhancement, restoration or malnte-
by that insured, If the °occurrence" which nance of such property for any reason,
caused the `bodily injury" or "property Including prevention of injury to a per-
damage" involved the ownership, mainte- son or damage to another's property;
nance, use or entrustment to others of any {2) Premises you sell, give away or aban-
aircraft, "auto" or watercraft that is owned don, if the "property damage"arises aban-
or operated by or rented or loaned to any in- of n, arc of those remises
sured, y p premises;
This exclusion does not apply to: (3) Property loaned to you;
(1) A. watercraft while ashore on premises (4) Personal property In the care, custody
you own or rent; or control of the insured;
(2) A watercraft you do not own that is: (5) That particular part of real property on
which you or any contractors or sub-
(a) Less than 52 feet long; and contractors working directly or Indirectly
(b) Not being used to carry persons or on your behalf are performing oper-
property for a charge; atlons, If the "property damage" arises
out of those operations, or
(3) Parking an "auto" on, or on the ways next to, premises you own or rent, pro (6) That particular part of any property that
vided the "auto" is not owned by or must be restored, repaired or replaced
rented or loaned to you or the insured; because 'your work" was incorrectly
performed on it.
(4) Liability assumed under any "insured Paragraphs (1), (3) and (4) of this exclusion
contract" for the ownership, malnte- do not apply to property damage" (other
nance or use of aircraft or watercraft; or than damage by fire) to premises, including
(5) "Bodily injury" or "property damage" the contents of such premises, rented to
arising out of: you. A separate limit of insurance applies to
(a) the operation of machinery or Damage To Premises Rented To You as
equipment that Is attached to, or described in SECTION III — LIMITS OF
part of, a land vehicle that would INSURANCE. Paragraph (2) of this exclu-
quality under the definition of slon does not apply if the premises aro "your
"mobile equipment" if it were not work" and were never occupied, rented or
subject to a compulsory or financial held for rental by you.
responsibility law or other motor ve- Paragraphs (3), (4), (5) and(6) of this exclu-
h1cle insurance law in the stale sion do not apply to liability assumed under
where it is licensed or principally a sidetrack agreement.
garaged; or Paragraph (6) of this exclusion does not ap-
(b) the operation of any of the machin- ply to "property damage" included in the
ery or equipment listed in Paragraph "products-completed operations hazard".
f.(2) or f.(3) of the definition of
`mobile equipment". Paragraph 6. of Section III Is replaced by the follow-
(6) An aircraft you do not own provided It Is ing:
not operated by any insured. 6. Subject to Paragraph 5. above, the Damage To
TENANTS' PROPERLY DAMAGE LIABILITY Premises Rented To You Limit Is the most we
will pay under COVERAGE A for damages be-
cause of "property damage" to any one prem-
When Damage To Premises Rented To You Limit is ises, while rented to you, or in the case of
shown In the Declarations, SECTION I ® COVER. damage by fire, while rented to you or temporar-
AGE A, exclusion j., is replaced by the following: ily occupied by you with permission of the owner.
J. Damage To Property
CG 86 74 12 07 Page 3 of 5 EP
Received Time Aug, 13, 2013 2:44PM No, 0031
From:Safeco Insurance Company 509 944 2624 08/13/2013 14:50 #819 P,004/005
PEPRINTEO FROM h E FORMS LIBRARY^^
The Damage To Premises Rented To You Limit Is the a. "Bodily Injury" or "property damage" ex-
higher of $200,000 or the amount shown in the Dec- petted or Intended from the standpoint of the
larations as Damage To Premises Rented To You insured. This exclusion does not apply to
Limit. "bodily Injury" or `property damage" result-
ing from the use of reasonable force to pro.
WHO IS AN INSURED — MANAGERS test persons or property.
The following is added to Paragraph 2.a. of SECTION INCREASED MEDICAL EXPENSE LIMIT
II — WHO IS AN INSURED;
The medical expense limit is amended to $10,000.
Paragraph (1) does not apply to executive officers, or
to.managers at the supervisory level or above. KNOWLEDGE OF OCCURRENCE
SUPPLEMENTARY PAYMENTS — COVERAGES A The following Is added to Paragraph 2. SECTION IV
AND B — BAIL BONDS — COMMERCIAL GENERAL LIABILITY
CONDITIONS Duties In the Event Of Occurrence,
Paragraph 1.1a. of SUPPLEMENTARY PAYMENTS Offense, Claim Or Suit of:
— COVERAGES A AND B Is replaced by the follow-
ing: Knowledge of an `soccurrenco", claim or "suit" by
h. Up to $3,000 for cost of bail.bonds required your agent, servant or employee shall not in itself
because of accidents or traffic law violations constitute knowledge of the named Insured unless an
arising out of the use of any vehicle to which officer of the named insured has received such notice
the Bodily Injury Liability Coverage applies, from the agent, servant or employee.
We do not have to furnish these bonds. INSURED CONTRACT
SUPPLEMENTARY PAYMENTS — COVERAGES AAND The following definition is added to SECTION Y
SUR —
B — INDEMNITEES AND ADDITIONAL IN- DEFINITIONS, Definition 9. "Insured contract" par-
UREDS agraph f.:
Paragraph 2.f.(1) (d) of SUPPLEMENTARY PAY- (4) That part of any contractor agree-
MENTS — COVERAGES A AND B. is replaced by ment that indemnifies any person
the following: or organization for the Indemnitee's
(d) Cooperate with us with respect sole tort liability.
to coordinating other applicable OTHER INSURANCE
insurance and - self-insured
retention available to the in- The first paragraph of Other Insurance of SECTION
demnitee; and IV .-. COMMERCIAL GENERAL LIABILITY CON-
EMPLOYEES AS INSUREDS — HEALTH CARE DITIONS is replaced with the following:
SERVICE If other valid and collectible insurance, or any self-in-
Paragraph 2.a-(1) d. of SECTION II ® WHO IS AN sured retention, is available to the insured for a loss
INSURED is deleted, unless excluded by separate we cover under COVERAGE Aor B of this Coverage
endorsement. Part, our obligations are limited as follows:
EXTENDED COVERAGE FOR NEWLY ACQUIRED METHOD OF SHARING
ORGANIZATIONS The second paragraph of 4.c. Method of Sharing of
Paragraph 3.a. of SECTION II — WHO IS AN IN. SECTION IV — COMMERCIAL GENERAL LIABIL-
SURED is replaced by the following: ITY CONDITIONS is replaced with the following:
a. Coverage under this provision Is afforded If any of the other Insurance does not permit contrl-
only until the end of the policy period. bution by equal shares or is subject to a self-insured
retention, we will contribute by limits. Under this
EXTENDED "PROPERTY DAMAGE" method, each insurer's share Is based on the ratio of
its applicable limit of insurance or self-insured re-
Exclusion a. of SECTION I — COVERAGE A is tention or both combined to the total applicable limits
amended to read:
Page 4 of 5
Received Time Aug, 13. 2013 2:44PM No. 0031
I- rom:Weco Insurance Company 509 944 2024 08/13/2013 14:50 #819 P.005/005
IREFRIN ED FROM THE FORMS LIBRARY
of .Insurance of all insurers and the amount of any our right to collect additional premium or exercise our
self-insured retention. right of cancellation or non-renewal.
UNINTENTIONAL FAILURE TO DISCLOSE ALL LIBERALIZATION CLAUSE
HAZARDS
The following paragraph Is added to SECTION IV —
The following is added to Paragraph 6. Representa- COMMERCIAL GENERAL LIABILITY CONDI-
Cons of SECTION IV — COMMERCIAL GENERAL TIONS:
LIABILITY CONDITIONS:
70, If a revision to this Coverage Part, which would
If you unintentionally fall to disclose any hazards ex- provide more coverage with no additional
isting at the Inception date of your policy, we will not premium, becomes effective during the policy
deny coverage under this Coverage Form because of period in the state shown in the Declarations,
such failure. However, this provision does not affect your policy will automatically provide this add[- j
tlonal coverage on the effective date of the re-
vision.
I
I,
I
I
I
CG 06 74 12 07 Page 5 0l 5 EP
Received Time Aug, 13, 2013 2: 44PM No. 0031
PEMCO PEMCO AUTO POLICY
• 325 Eastlake Avenue East
PO Box RENEWAL COVERAGE SUMMARY
li Ei p1 %j Insurance Seattle,WA 98111.0778 PEMCO Mutual Insurance Company
Policy Number CA 0416721
® Poliq EBedve Dale Poliq Fipiralion Dale Valued Auto Customer Since
02/28/13 02/28/14 - 1986
12:01 A.M.,PACIFIC STANDARD TIME
NAMED INSURED: This is your Auto insurance renewal.Your proof-of-insurance
and identficaiion cards are enclosed.Thank you for choosing
PEMCO.
STEPHANIE 8 VANDEVANTER
MARK A VANDEVANTER
12705 SW 248TH ST
VASHON WA 98070
Renewal Effective Dale: 02/28/13
Please verify oil Information.If there are changes,please call our office.
Your Vehicles
2012 TOYOTA PRIUS V VIN JTDZN3EUOC3044802
Coverages Limits/Deductible Premium _
Bodily Injury Liability $100,000 each person/$300,000 each occurrence $253.88
Property Damage Liability $50,000 each occurrence $125.90
Underinsured Motorist Bodily Injury $100,000 each person/$300,000 each occurrence: $100.31
Underinsured Motorist Property Damage $50,000 each occurrence $11.39
Personal Injury Protection - $10,000 -.-- $82,65
Loss of Income $200 max per week/$10,400 max per occurrence each person Included
Collision 'Deductible:$500 _ - $393,01
Comprehensive Deductible: $100 $122.78
Auto Loan/Lease---- — No Coverage
Towing $100 $3,60
Rental Reimbursement $30 per day/$900 per occurrence $21.45
Stereo/Communication Equipment No Coverage
Customized Equipment No Coverage
Vehicle Premium: $1,114.97
repair or servicing of motor vehicles.
WASHINGTON STATE INSURANCE IDENTIFICATION. . WASHINGTON STATE INSURANCE IDENTIFICATION
PEMCO MukM Insurance Company _ PEMCO Mutual Insurance Company
VALUED CUSTOMER VALUED CU5T0:'e7.
SINCE 1986 SINCE -1986
POLICYHOLDERS: STEPHANIE B VANDEVANTER ` POLICYHOLDERS: STEPHANIE B VANDEVANTER
MARK A VANDWANTER i MARK A VANDEVANTER
POLICY NUMBER: CA 0416721 _ POLICY NUMBER: CA 0416721 -
EFFECTIVE DATES: 02/28/13 TO 02/28/14 1. EFFECTIVE DATES: 02/28/13 TO 02/28/14
INSURED DRIVER: STEPHANIE 8 VANDEVANTER INSURED DRIVER: MARK A VANDEVANTER