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HomeMy WebLinkAboutPD15-065 - Original - North Star Construction and Environmental - Gun Range Lead Clean-up - 02/19/2015 Records - 'om- owt 1+lT" y Y WASH I IOTON ,r .A Document e yry i 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: (6 c��nJC-+1C1V1 Eirlyirzrr'dl� ,Oh Vendor Number: JD Edwards Number Contract Number: it > Ci This is assigned by City Clerk's Office Project Name: (-,wl O ( ilN( � CiC ,L CtGri Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ❑ Other: Contract Effective Date: Z�(L 1� Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Department: ' Contract Amount, i, ��� } Approval Authority: EYDepartment Director ❑Mayor ❑City Council Detail: (i.e. address, location, parcel number, tax id, etc.): adccW 10877_8. 14 KENT PUBLIC WORKS AGREEMENT between City of Kent and North Star Construction and Environmental THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and North Star Construction and Environmental organized under the laws of the State of Washington, located and doing business at 42D 142", Street S.E,, Everett, WA 98208, (425) 787-6271, Kurt Schonewald(hereinafter the "Contractor"), AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: See Exhibit A, attached and incorporated by reference. Ali I .._._...._._.._..__.. ,._...T......__ _.. ...._. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement, Upon the effective date of this Agreement, Contractor shall complete the work described in Section I by February 26, 2015, III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed $9,674.32, including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor fifty percent (50%) of the Contract amount upon completion and acceptance of the work by the City, or at such earlier time as the City may determine is appropriate, The City will pay the remaining Contract amount upon fulfillment of the conditions listed below and throughout this Agreement. A. No P.yment and Performance Bond, Because this contract, including applicable sales tax, is less than $10,000, and pursuant to Chapter 39.08 PUBLIC WORKS AGREEMENT - 1 (Under.$10K and No Performance Bond) I I i RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the City retain the final fifty percent (50%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. C. Final Payment: Waiver of Cl.ai_ms, THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED, IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement, By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement, B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed, C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. PUBLIC WORKS AGREEMENT - 2 (Under$IOK and No performance Bond) E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch, 19,28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C, The Contractor's failure to make full and prompt payment to subcontractors or for material or labor, D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement, If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work, Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provislon section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change, If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as It deems appropriate. The Contractor shall proceed PUBLIC WORKS AGREEMENT - 3 (Under$I OK and No Performance Bond) with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. RIptice of C,a. M. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and S. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records, The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an PUBLIC WORKS AGREEMENT - 4 (Under $10K and No Performance Bond) invalid protest. C, Contractor's Duty, to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (Including directions, instructions, interpretations, and determination). E. Failure to Follow PLQ_izedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (Including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD, X. WARRANTY. Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement, The Contractor shall promptly correct all defects in workmanship and materials: (1) when Contractor knows or should have known of the defect, or (2) upon Contractor's receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates, Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.,2, and upon completion of the contract work, file the attached Compliance Statement, XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, Its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. PUBLIC WORKS AGREEMENT - 5 (Under$1OK and No Performance Bond) The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement Is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence, IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part, The provisions of this section shall survive the expiration or termination of this Agreement, XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described In Exhibit B attached and Incorporated by this reference, XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors In the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A, Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable, A price preference may be available for any designated recycled product. B. No -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 PUBLIC WORKS AGREEMENT - 6 (Under$IOK and No Performance Bond) 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 XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void, If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent, F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor, G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail, H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 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. PUBLIC WORKS AGREEMENT - 7 j (Under$IOK and No Performance Bond) 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, IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY K T: By; _..._. By - --- (signature) (slg ture) Printpame: XQLVT— Sa�q_t.{��tn(A 40 Print Name: [Insert Name of Dept, Head] Its X�sf D>01t - Its: [Insert Dept, Head Title] (title) DATE: Z- - f 2--- ISM DATE:_ 'i r ----- ------------ - -................ - -�NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Kurt Schonewald Christopher Sprague North Star Construction and Environmental City of Kent 420 142"d Street S.E. 220 Fourth Avenue South Everett, WA 98208 Kent, WA 98032 (425) 787-6271(telephone) (253) 856-5857 (telephone) (253) 856-6770 (facsimile) PiCi,i TROOXt¢FjkS%113 1-fim19 lL ngclPibll[N'Ml4Agrccm<nLVmkr1U%-NWnform00M d. PUBLIC WORI<S AGREEMENT - 8 (Under$1OK and No Performance Bond) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity, As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies, The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1,2, 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability, 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the.Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above, By signing below, I agree to fulfill the five requirements referenced above. For: /\/oa an Title: ._�r—ACS,b ,,,/7- Date: EEO COMPLIANCE DOCUMENTS - I CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1,2 EFFECTIVE DATE; January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES; April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women, Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement, Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of dOAT f 77-},2 6N$.77ZVU7bM rNVI,QoNM0a!M Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as 41ur1 RA46iiF 4l 2JtL1_d& that was entered Into on the 2aIL- — (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. For; /YOR �7k1� �NST�Zyc�ion/ �NV/Ron/netn/TlIL Title: Al2 E"SiOeN 7- Date: Z - /2 -/5- — EEO COMPLIANCE DOCUMENTS - 3 Exhibit A /, *N .NORTH STAR CONSTRUCTION S ENVIRONMENTAL. HE February 4, 2015 City of Kent Police Department 220 Fourth Ave. South Kent, WA 98032 Attention: Christopher Sprague RE: Gun Range Lead Clean-up Thank you for the opportunity to provide pricing for the above referenced project. The scope of work proposed includes wet wiping and/or HEPA vacuuming horizontal surfaces in the shooting range, overhead storage area, ammunition storage room, control room, firearm cleaning area and range storage classroom. Cleaning Includes all horizontal surfaces (floors, countertops, overhead range storage surfaces, range rails and supports, control heads and HVAC diffusers. Our proposal is based upon our understanding of the work and is subject to the qualifications, exclusions, terms and conditions listed below. Our bid for cleaning of lead contaminated areas is $6,985. Our bid to add cleaning the fan room is $1,860. Qualifications/Exclusions: • Washington State Sales Tax is excluded. • Performance and Payment Bonds are excluded. • Power, water and sanitary sewer to be provided at no cost to North Star. • Proposal is based upon straight time work, day shift, Mondays through Fridays. No overtime or premium pay is included in our proposal. • We have included one mobilization only. • Disposal of lead contaminated debris is excluded. • Proposal includes contractor required air monitoring, and daily logs which will be submitted upon completion of the project. Let me know if you have any questions or concerns. We look forward to working with you in the future, Sincerely. Kurt Schonewald Estimator/Project Manager 420 142nd St. SE Everett, WA 98208 Phone (206) 999-1287 EXHIBIT B INSURANCE REQUIREMENTS FOR RANGE WORK Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or In connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $1,000,000 per occurrence and in the aggregate for each 1 year policy period. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work, The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an Additional Insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. All endorsements adding Additional Insureds shall be issued on form CG 20 10 it 85 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage, 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington, 4. Pollution Legal Liability insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. B. Minimum Amounts of Insurance Contractor shall maintain the following Insurance limits: ill EXHIBIT B Continued 1, K;Qmmercial General Liability insurance shall be written with minimum limits of $1,000,000 per occurrence and in the aggregate for each 1 year policy period. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. 2. Automobile Liaj i insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 3. PpIlution Legal Liability insurance shall be written in an amount of at least $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Coverage may be written on a claims-made basis, C. Other Insurance Provisions The Insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability: 1, The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance, The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability, EXHIBIT B (Continued) D. Contractor's Insurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work, The policies shall provide such waivers by endorsement or otherwise, F. Acceptability of Insurers Insurance is to be placed with Insurers with a current AX Best rating of not less than ANII, G. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional Insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work, H. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. NORST-3 OP ID: RR_ " "r® CERTIFICATE OF LIABILITY INSURANCE F DAT03/22113M 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s), — — PRODUCER 425489.4500 ONTACT NAME: __.._ ._.... ._. _..._... Hub International Northwest 425489.4501 PRONE -- FAX,,Ng):. P. O.Box 3018 1AQ,Na,Exq ... ... Bothell,WA 98041.3018 EMAIL Brandon Bush ADDRESS: _._ ____......1. INSVRERN5)AFFORDINGCOVERAGE NAICd INSURERA:Admiral Ins. Co. 24856 INSURED North Star Construction& EOVI INSURER a:Llborty NW Insurance Corp. Kurtis Schonewald ' - - - - 420 142nd Street SE INSURER C Everett,WA 98208 INSURER D. INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: t THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .. _..__ _...... _.ADDLSU9R....... ._.•. ....-..... POLICY EfE POLICY EXP ..._ .... _... ILSR TYPE OF INSURANCE INSR WVD __ POLICY NUMBER IMMIODn' Y1 (MWODNYYY�. LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 DAMAGE TORENTED 'FEIEcclamaAo 09/17N2 08M7113 5D000 A X COMMERCIAL GENERAL LIABILITY PREMISES.LEa occurranwJ S +..._... I CLAIMS-MADE X OCCUR '. MEO EXP IAny one person) S 5,000 .PERSONAL&AOV INJURY .$ 11000,00 X Per NojMer Too GENERAL AGGREGATE_ $ 2,000,000 GE NI AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG S 2,000,00 _. ..POLICY_ - PRo. ._.... 'Emp Ben. $ 1,000,00 :. CO INED INGLELIMIT 000�0 AUTOMOBILE LIABILITY j {E aq:,iCenl) $ 1 1, _._.00 B ANY AUTO BAW55276717 01/16N3 09117113 BODILY INJURY(Per perscn) s ALL OWNED 80HEDULEO DILY INJURY(Per X HIRED S AUTOS AUTOS X NO OSWNED PRO OAMA(`iBaccltlenl) $ _._. ...,._ _.. ... . S 'UMBRELLA LIAe OCCUR EACH OCCURRENCE $ EXCESS LIAR AGGREGATE CLARr1S-MADF. _ BED RETENTION$ —..— -- WORKERS COMPENSATION TWO STATU DIM AND EMPLOYERS'LIABILITY TORY LIMITS ER. ANYPROPRIETOR/PARTNERIEXECUTNE F--1 A. EL EACH ACCIDENT ,. S OFFICER/MEMBFNF.XCLUDFD? . (Mandatory In NH) — EL DISEASE-EA EMPLOYEE S It yea describe under _ E.LDISEASE-POLICY LIMIT $ 06SCRIPTION OF OPERATIONSbelov ..._. A POLLUTION PEIEcclooveno 09/17/12 09117/13 !OCC 11000,000 LIABILITY AGG 2,000,000 DESCRIPTION Or OPERATIONS/LOCATIONS I VEHICLES (Atecn ACORD 101,AddHional RoroaAe Scbedul a,II mono Space Ia'equ lred) ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT: THE CITY OF [CENT. COVERAGE IS PRIMARY & NON--CONTRIBUTORY. PER PROJECT AGGREGATE, WAIVER OF SUBROGATION AND COMPLETED OPERATION$ APPLY. SEE ATTACHED ENDORSEMENTS. RE: ANY & ALL OPERATIONS OF THE NAMED INSURED. CERTIFICATE HOLDER CANCELLATION CITYOFK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF KENT ACCORDANCE WITH THE POLICY PROVISIONS. 220 FOURTH AVE. SOUTH KENT,WA 98032 AUTHORIZED REPRESENTATIVE -'T ©1988-2010 ACORD CORPORATION, All rights reserved. ACORD 26(2010/05) The ACORD name and logo are registered marks of ACORD North Star Construction and Environmental. LLC Endorsement Number: 4 Automatic Additional Insured — Owners, Lessees or Contractors This endorsement,effective 9/17/2012 attaches to and forms a part of Policy Number FEI-ECC-10074-00.This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided wider the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person(s)or organization(s)whom the Named Insured agrees, in a written contract, to name as an additional insured. However,this status exists only for the project specified in that contract. The person or organization shown in this Schedule is included as an insured, but only with respect to that person's or organization's vicarious liability arising out of your ongoing operations performed for that insured. I I i j ECC-319-0712 I / North Star Construction and Environmental, LLC w Endorsement Number: 11 ADMIRAL='.'A;_ Automatic Primary and Non-Contributory Insurance Endorsement Designated Work Or Project(s) This endorsement, effective 9/17/2012 attaches to and forms a part of Policy Number PEI-BCC-10074.00.This endorsement changes the Policy. Please read it carefully, SCHEDULE Name of Person or Organization: Any person(s)or organization(s)whom the Named Insured agrees, in a written contract, to provide Primary and/or Non-contributory status of this insurance. However,this status exists only for the project specified in that contract. In consideration of an additional premium of$ApUlied and notwithstanding anything contained in this policy to the contrary, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s)or organization(s) earned in the schedule may have is excess and non- contributory to this insurance. ECC-548-0712 i North Star Construction and Environmental, LLC » ' Endorsement Number. 5 AOMIRA> F�.Y...„ Automatic Waiver of Subrogation Endorsement This endorsement,effective 9/17/2012 attaches to and forms a part of Policy Number FBI-BCC-10074-00.This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person(s)or organizations)to whom the Named Insured agrees, in a written contract, to provide a waiver of subrogation. However,this status exists only for the project specified in that contract. The Company waives any right of recovery it may have against the person or organization shown in the above Schedule because of payments the Company makes for injtuy or damage arising out of the insured's work done under a contract with that person or organization. The waiver applies only to the person or organization in the above Schedule. Under no circumstances shall this endorsement act to extend the policy period, change the scope of coverage or increase the Aggregate Limits of insurance shown in the Declarations. I i i I i I ECC-320-0712 North Star Construction and Environmental, LLC *`} Endorsement Number: 16 ADMIRAL A,..... Additional Insured — Owners, Lessees or Contractors — Completed Operations This endorsement, effective 9/17/2012 attaches to and forms a part of Policy Number CLI-ECC-10074-00, This endorsement changes the Policy. Please read it carefully. In consideration of an additional premium of$Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or Or anization s : Operations Any person(s)or organization(s)whom the Named Insured Those project locations where this agrees, in a written contract,to name as an additional insured, endorsement is required by contract. However,this status exists only for the project specified in that contract. Information re aired to corn cte_this Schedule, if not shown above,wilt be shown in the Declarations. Section II—Who Is An Insured is amended to include as an additional insured the person(s)or organization(s) shown in the Schedule,but only with respect to liability for"bodily injury" or"property damage" caused, in whole or in part,by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard", CG 20 37 07 04 © ISO Properties, Inc., 2004