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HomeMy WebLinkAboutPW14-285 - Original - VanDevanter Associates - Animation to Illustrate the City's Storm Water System - 11/06/2014 {4'skr-q� �` �?N Records l�lanaee KENT Document W HiNfiiOX 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. I Vendor Name: VanDevanter Associates I Vendor Number: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Storm Water System Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 11/6/14 Termination Date: 12/31/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Toby Hallock Department: Engineering Contract Amount: $4 800 00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council j Detail: (i.e. address, location, parcel number, tax id, etc.): Create animation to illustrate the City's storm water system. I As of: 08/27/1.4 KENT GOODS & SERVICES AGREEMENT between the City of Kent and i VanDevanter Associates j 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 248`h Street, Vashon, WA 98070, Phone: (206) 463-7611, Contact: Mark VanDevanter (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall create animation to illustrate the City's storm water system. 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, 2014. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Four Thousand, Eight Hundred Dollars ($4,800.00), 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) i The Vendor shall be paid after execution of agreement and delivery of animation. i 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. 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 c 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) i 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. i 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 all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Fallow 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) 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) i i 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. I I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. I GOODS & SERVICES AGREEMENT - 6 (Under$10,000.00, including WSST) I� J. 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. j IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: fd CITY OF KENT: T f By By: t ` (signature)i �'� (signature) Print Name ^,r� ��� r''` t� <�+ � !� �� Print Name: Michael Mactutis, P.E. Its: Its: Environmental Engineering Manager (title) DATE: DATE: f 114t, i 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 2481" St. 220 Fourth Avenue South Vashon, WA 98070 Kent, WA 98032 (206) 463-7611 (telephone) (253) 856-5500 (telephone) (253) 856-6500 (facsimile) Vanoevanter-Storm Systemomilock I GOODS & SERVICES AGREEMENT 7 (Under$10,000.00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY i 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. i i By signing below, I agree to fulfill the--five requirements referenced above. 1 r a rs 1 f By: For: Title: Date: ' 6 ✓� � EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY I NUMBER: 1.2 EFFECTIVE DATE: January 1, 1996 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 i CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT I 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 Ke nt. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT I ' Scope of Work: Create an overhoad to ground level animation to illustrate the process flow and system dynamics of the City ofKent's Storm Water System. y 900,d- The project will be billed at a rate of$150.00/ltr,not to exceed $$OO TXM Production schedule and related costs: Refine 3D master model extending to Kent city limits to show a series of overlays including major Rivets, Creeks,Ditches, Bio-swales,Pipes, Pump Stations and Detention Ponds as a series of nested 3D models showing specific conveyance systems, 20 hours Script and render animated touts over the model and integrate with any still imagery by owner to illustrate the communication objectives. 8 hours I Meetings and miscellaneous coordination. 4 hours Projected total hours=32 hours at$150,00/hour=$4,800.00 Mark VanDevanter, Architect VanDevanter Associates 12705 SW 248" Street Vashon, WA 98070 (206) 463-7611 i I I EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS i Insurance I 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. I 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 11 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. I i I EXHIBIT B (Continued) i 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 ANII. E. Verification of Coverage I 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 OF ID:LB CERTIFICATE OF LIABILITY INSURANCE 1 DATE01/07i1/07114 14 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS .xTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain pollcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). - PRODUCER CONTACT Liberty Mutual insurance PHONE FAx—"—""—' PO Box 188065 No Exit, A X No Fairfield,OH 45018 E-MAIL Liberty Northwest WA-SC ADDRESS: INSURERaJ AFFORDING COVERAGE - NAIG# INSURER A:American States Insurance 19704 j INSURED MarkVandevanter INSURERS: DBA VANDEVANTER ASSOCIATES 12705 Sw 248th St INSURER C: 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. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH 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. T P OF MDDmY DmLR N POLICYNUMSER MIY MMIDYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 RED._..-_ _ _...- .-_ A X COMMERCIAL GENERAL LIABILITY X 01CH79081670 01/08/14 01108H5 pREMI'ES Ea occurrence $ 200,000 CLAIMS-MADE FRIOCCUR MED EXP(Any one person} $ 10,000 ' PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 1,000,000 '}AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $ 1,000,000 ( POLICY PRO- LOC $ AUTOMOBILE LIA81LIW COMBINED SINGLE LIMIT Ea acddent ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED At1T0S AUTOS BODILY INJURY(Per accident} $ HIRED AUTOS NON-OWNED PROPERTY D GE $ AUTOS Per scdtlent $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DIED I I RETENTION$ $ WORKERS COMPENSATION I O LIK TAU OEH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTHERIEXECUTNEYIN N/A E.L.EACH ACCIDENT $ OFFICERNEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ It yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE POLICY LIMIT $ I I iESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Ramarks Schedule,it more space Is required) he City of Kent is Additional. Insured if required in a Written contract, greement, permit or schedule. :ERTIFICATE HOLDER CANCELLATION THECITK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. --' Attn: Nancy Yoshitake 400 W.Gowe St AUTHORIZED REPRESENTATIVE Kent,WA 98032 ©1988-2010 ACORD CORPORATION. All rights reserved. CORD 28(2010/05) The ACORD name and logo are registered marks of ACORD i I i Policy Number: 01CH71081670 COMMERCIAL GENERAL LIABILITY CG 86 74 12 07 i I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS LIABILITY PLUS ENDORSEMENT This endorsement modifies Insurance provided under the following: i COMMERCIAL GENERAL LIABILITY COVERAGEPART SCHEDULE Name of Person or Organization: The City of Kent Attn:Nancy Yoshitake 400 W.Gowe St Kent,WA 98032 DUTY TO DEFEND or B or medical expenses under COV- ERAGE C. Paragraph a. of SECTION 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- plicitly 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 applies. We The last paragraph of exclusion e. of SECTION I will have the right and duty to defend the In- 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 liability assumed notifyus Qf a "suit" as described in SEC- by the insured under an insured contract "ex- TION IV COMMERCIAL GENERAL LI. cept for that part of a contract or agreement that ABILITY CONDITIONS, 2.b. However, we Indemnifies any person or organization for their will have no <,duty, to defend the insured sole liability. against any ,suit" seeking damages for f odily injury , property damage „ or WRONGFUL EVICTION personal injury or advertising injury to which this Insurance does not apply, We The following exclusion is added to SECTION I — rpay, at our discretion, Investigate" any COVERAGE B: occurrence and settle any claim or suit that may result. But: The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a (1) The amount we will pay for damages Is room, dwelling or premises arising out of any: limited as described in SECTION III _ i LIMITS OF INSURANCE; and (1) "property damage' to the room, dwell- ing or premises; or (2) Our right and duty to defend ends when 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 I ! I — I II CG 88 74 12 07 Page 1 of 5 EP I I I ADDITIONAL INSURED — BY WRITTEN CON- This insurance does not apply to v 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 If — 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 uie 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 a. The contract, agreement or permit must be any professional services by or for you, in- in effect during the policy period shown in eluding: 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". ders, designs or specifications; and b. The person or organization added as an in- (2) Supervisory, inspection or engineering sured by this endorsement is an insured only services. to the extent you are held liable due to; {, d. This insurance does not apply to bodily (1) The ownership, maintenance or use of injury" cl "property damage' included within that part of premises you own, rent, the products-completed operations lease or occupy, subject to the following hazard . additional provisions: e. A person's or organization's status as an in- (a) This insurance does not apply to sured under this endorsement ends when any "occurrence"which takes place your operations for that insured are com- after you cease to be a tenant in pleted. any premises leased to or rented to f. No coverage will be provided it, 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 "Suit"Insured; g. The defense of any claim or must be 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 person or organization, subject to the (1) The coverage and/or limits of this policy, following additional provisions: or (a) This insurance does not apply to (2) The coverage and/or limits required by any "occurrence" which takes place said contract, agreement or permit. after the equipment lease expires; NON-OWNED WATERCRAFT AND NON-OWNED (b) This insurance does not apply to " AIRCRAFT LIABILITY bodily Injury" or property damage" arising out of the sole Exclusion g. of SECTION i — COVERAGE A is re- negligence of such person or or- placed by the following: ganlzation; 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: i Pago 2 of 5 ' ................. or loaned to any insured. Use includes oier- ation and loading or unloading". Property damage"to: exclusion applies even if the claims if) Property you own, rent, or occupy, in- This against any insured allege negligence or eluding any costs or expenses incurred ed by you, or any other person, organiza- ! other wrongdoing in the supervision, hiring, tion or entity, for repair, replacement, employment, training or monitoring of others enhancement, restoration or mainte- j by that insured, if the occurrence" which nance of such property for any reason, caused the 'badlly 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 entYustment 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 out or operated by or rented or loaned to any in- sured. of any part of those premises; This exclusion does not apply to: (3) Property loaned to you; (4) Personal property in the care, custody { ) A watercraft while ashore on protnlses you own or rent; or control of the insured; (2) A watercraft you do not own that is: (6) That particular part of real property on which you or any contractors or sub- (a) Less than 62 feet long; and contractors working directly or indirectly (b) Not being used to carry persons or on your behalf are performing oper- „ property for a charge; ations, if the property damage arises out of those operations, or (3) Parking an "auto" an, or on the ways (6) That particular part of any property that p next to, premises you own or rent ro- p y must be vided the #auto" is not owned by or restored, repalred or replaced because rented or loaned to you or the insured; your work was incorrectly t performed on it. (4) Liability assumed under any 'insured Paragraphs (1), (3) and (4) of this exclusion contract for the ownership, mainte- do not apply to "property damage" (other nance or use of aircraft or watercraft; or than damage by'fire) to premises, including i (6) *'Bodily injury" or `{property damagd' the contents of such premises, rented to arising out of. you. A separate limit of Insurance applies to Damage To Premises Rented To You as (a) the operation of machinery or described In SECTION III — LIMITS OF equipment that is attached to, or INSURANCE, Paragraph (2) of this exclu- part of, a land vehicle that would sion does not apply if the premises are "your qualify under the definition of work" and were never occupied, rented or mobile equipment" If it were not held for rental by you, subject to a compulsory or financial responsibility law or other motor ve- Paragraphs(3), (4), (6) and (6) of this exclu- hicle insurance law in the state sion do not apply to liability assumed under where It is licensed or principally a sidetrack agreement. garaged; or Paragraph(6) of this exclusion does not ap- (b) the operation of any of the machin- ply to property damage" included in the cry 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 6. above, the Damage To Premises Rented To You Limit is the most we TENANTS 'PROPERTY DAMAGE LIABILITY will pay under COVERAGE A for damages be. When Damage To Premises Rented To You Limit is cause of "property damage11 to any one prem- 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: y occupied by you with permission of the owner. j. Damage To Property Page 3 of 5 I The Damage To Premises Rented To You Limit is the a. "Bodily injury" or "property damage ex- higher of $200,000 or the amount shown In the Dec- pected or intended from the standpoint of the larations as Damage To Premises Rented To You insured. This exclusion does not apply to Limit. bodily injury" or property damage's result- WHO IS AN INSURED _ MANAGERS ing from the use of reasonable force to pro- tect persons or property. The following is added to Paragraph 2.a. of SECTION INCREASED MEDICAL EXPENSE LIMIT It — WHO IS AN INSURED: Paragraph(1) does not apply to executive officers, or The medical expense limit is amended to $10,000. to managers at the supervisory level or above. KNOWLEDGE OF OCCURRENCE SUPPLEMENTARY PAYMENTS - COVERAGES A The following is added to Paragraph 2. SECTION IV AND B - BAIL BONDS _ COMMERCIAL ' GENERAL LIABILITY CONDITIONS Duties In The Event Of Occurrence, Paragraph 1.b. of SUPPLEMENTARY PAYMENTS Offense, Claim Or Suit of; COVERAGES A AND B Is replaced by the follow- Ing: Knowledge of an "occurrence", claim or "suit" by b. Up to $3,000 for cost of ball 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 A AND B _ INDEMNITEES AND ADDITIONAL IN. The following definition Is added to SECTION V .- SUREDS DEFINITIONS, Definition 8. "insured contract" per- agraph f.: Paragraph 2A(1) (d) 'of SUPPLEMENTARY PAY- MENTS _ COVERAGES A AND B is replaced by (4J That part of any contract or agree- the following: ment that Indemnifies any person or organization for the indemnitee's (d) Cooperate with us with respect sole tort liability. to coordinating other applicable insurance and self-insured OTHER INSURANCE retention available to the in- demnitee; and The first paragraph of Other Insurance of SECTION 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 A or B of this Coverage endorsement. Part, our obligations are limited as follows: EXTENDED COVERAGE FOR NEWLY ACQUIRED METHOD OF SHARING j 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 contri- 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 Exclusion a. of SECTION I COVERAGE A is its applicable limit of insurance or self-insured re- amended to read: tention or both combined to the total applicable limits I Page 4 of 5 of insurance of all insurers and the amount of any our right to collect additional premium or exercise our self-insured retention. right of cancellation or non-renewal. UNINTENTIONAL FAILURE TO DISCLOSE ALL LIBERALIZATION CLAUSE HAZARDS The following paragraph is added to SECTION IV _ The following is added to Paragraph 6. Representa- COMMERCIAL GENERAL LIABILITY CONDI- tions of SECTION IV -_ COMMERCIAL GENERAL TIONS: LIABILITY CONDITIONS: 10. If a revision to this Coverage Part, which would If you unintentionally fail to'disclose any hazards ex- provide more coverage with no additional !sting at the Inception date of your policy, we will not premium, becomes effective during the policy deny coverage under this Coverage Form because of period in the state shown in the Declarations, such failure. However, this provision does not affect your policy will automatically provide this addi- tional coverage on the effective date of the re- vision. I i I CG 86 74 12 07 Page 5 of 5 EP PEMCO f M 33225BEEastl kke Avenue East PEMCO Auto Policy Insurance Seattle,WA98111.0778 Renewal Declarations . PEMCO Mutual Insurance Company Policy Number CA 0476721 EFFECTIVE D,�TE" s., s EXPIRATION DATE .,-Va`6 Customer$Inca 02/28/14 `' I',' r ' 02/28%Y5„ I 198fi t 1 r sn 's'a° ' ' .`.* 12:a1'A.fX: PACIFIC$TANDARD TIME . , " ~' Named Insureds: This Is your Auto Insurance renewal.Your proof-oftnsuranae and Identification cards are enclosed.Thank you for STEPHANIE B.VANDEVANTER choosing PEMCO. MARK A.VANDEVANTER 12705 SW 248TH ST VASHON WA 98070.7837 615 i Please verlify all information, if there are changes,please call our office. YOUR VEHICLES 2012 TOYOTA PRIUS V VIN JTDZN3EUOC3044802 COVERAGES Limits/Deductible premium BoddAlnlury" ', ; ', _ $Tb0,00b e2ich"p@rsonf$300,000 egcfi:.occuriellce 28R 4' Properly Damage Liability $50 000 each occurrence 142 03 `,Uyider(nsyrgdMotorisfBddllyinjury', $100OOOeaplk"pet3on/$30Q,000,eoch,gccurtence „ t' a._ , q{•,q"' sj0i$0,`s1 Llnderinsured Motorist Properly Damage $50,000 each occurrence $11.41 . . . Personoj tnjury,P'r_otection �._._�, .;'.. _$.1:O��Q.', _ - :-.•..u5.-.... 4,{_ z°. . . --..�a<$ 7:64< _ .._ Loss of Income $200 max per week/$10 400 max per occurrence each person Included ;Cgl)fsfQpi:,.cx " .. .. .5 ._. , 'Deductible($500.a.. . .:FY' „_. ,' ., :>°``I' Jn:.:�,r'i.'..;. .?"g' ,`- 396`41-' Comprehensive Deductible:$100 - ` s>f F $9438 ,�exur,,-:-:,,-r.r,�.8.... Towing _. $100 $3.b0 '.Rentdl,jte(m6u'rs"enienY''.' $30'per;doy/$900 perpccurrence;.` 2145, Stereo/Communication Equipment - Na Coverage Premi't: : ' Vehicle um 0,164.A1 WASHI ����77��((tt1ltt�� PEMCO GTON STATE INSURANCE IDENTIFICATION PFMCoWASHI GTON STATE nce Company IDENTIFICATION ; PEMCO Mutual Insurance Company PEMCO Mutual Insurance Company I VALUED CUSTOMER VALUED CUSTOMER ' SINCE:1986 SINCE:1986 i POLICYHOLDERS: STEPHANIE B.VANDEVANTER POLICYHOLDERS: STEPHANIE B.VANDEVANTER 7 MARK A.VANDEVANTER MARK A.VANDEVANTER i POLICY NUMBER: CA 0416721 POLICY NUMBER: CA 0416721 i I EFFECTIVE DATES: 02/28/14 TO 02123/15 EFFECTIVE DATES; 02/23/14 TO 02/28/15. INSURED DRIVER: MARK A.VANDEVANTER INSURED DRIVER: STEPHANIE B.VANDEVANTER s� j