HomeMy WebLinkAboutPK15-140 - Original - Forterra - Green Kent Partnership - 04/14/2015 .r:l ��'s
ecords
over
KEN� ry.
Document
9
t7 R
�,f
CONTRACT COVER SKEET
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: } 1V `- v nt.
Vendor Number:
ID Edwards Number
Contract Number: 7 I L4?
This is assigned by City Clerk's Office
Project Name: 11 Y( ,t Vg,
Description: ❑,Interlocal Agreement El Change Order El Amendment El Contract
D Other: 0/ii`, ' p. f
Contract Effective Date: `A 1 ? Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Department: ivy'{ ,;
Contract Amount:
Approval Authority: ❑ Department Director dMayor []City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
adccW10877814
i
�EN�WA.HI1I-T
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Forterra
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Forterra organized under the laws of the State of Washington,
located and doing business at 901 Fifth Avenue, Suite 2200, Seattle, WA 98164 (hereinafter the
"Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
As described in Exhibit A, attached hereto:
Continue program management support and assistance for Year 6 of the Green
Kent Partnership, from April 1 2015 through March 31, 2016.
Consultant further represents that the services furnished under this Agreement will be
performed In accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Consultant
shall complete the work described in Section I by March 31, 2016.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Thirteen Thousand, Five Hundred Ninety-four dollars and No cents
($13,594.00), for the services described in this Agreement. This is the maximum
amount to be paid under this Agreement for the work described In Section I above,
and shall not be exceeded without the prior written authorization of the City in the
form of a negotiated and executed amendment to this agreement. The Consultant
agrees that the hourly or flat rate charged by it for its services contracted for herein
shall remain locked at the negotiated rate(s) for a period of one (1) year from the
effective date of this Agreement. The Consultant's billing rates shall be as
delineated in Exhibit A.
B. The Consultant shall •submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
CONSULTANT SERVICES AGREEMENT- 1
(Over$10,000)
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of Its work, the City being Interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed,
C. The Consultant has an established and independent business that Is eligible
for a business deduction for federal Income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertalning to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
I
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
i
VII. INDEMNIFICATION, Consultant shall defend, indemnify and hold the City, Its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or In
connection with the Consultant's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, In the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Consultant's part, then Consultant shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Consultant's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described In Exhibit B attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and flies available to the City upon the City's request. The City's use or reuse of any of the
documents, data and flies created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law, This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
t
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
CONSULTANT SERVICES AGREEMENT - 4
(Over$10,000)
I
I
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H, Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or In the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. 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.
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.
CONSULTANT: CITY OF KENT:
By By
( Ignaturp (srgnature)
Print Name: r r - Prim N me: uzette Cooke
Its ± area Its f ayor
(title) v'
DATE: 411 d"-, ay,of 5 DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Joanna Nelson de Flores Victoria Andrews
Forterra City of Kent
901 Fifth Ave, Ste 2200 220 Fourth Avenue South
Seattle, WA 98164 Kent, WA 98032
(206) 905-6913 (telephone) (253) 856-5113 (telephone)
jnelson@forterra.org (facsimile) vandrews@kentwa.gov
i
APPRO)I D AS TO
UA A L'L
Kent Law Department
i
P:\PlannlnB\Green KengPorterta\2015\GK Year 6CAMPALT.tloa I
CONSULTANT SERVICES AGREEMENT - 5
(Over$10,000)
i I
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.
S. 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.
By: —z
For:
Title: /(ilia do
Date: l (lal" off`
II
EEO COMPLIANCE DOCUMENTS - 1
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.
I
EEO COMPLIANCE DOCUMENTS - 2
III
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
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as , that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT A
i
Scope of Work—April 2015 to March 2016
Deliverable Cost Rate
Forterra presents Green Cities background,connection to Cascade
Agenda and regional statistics at Steward Orientation $270 $270/orientation
Attend management team meetings once per quarter to provide
regional update re: upcoming staff and steward training/educational
opportunities and share potential grant proposal ideas $1,080 $270/meeting
Forterra staff to organize logistics and host quarterly educational
tralnings for Stewards
(*Note: due to low attendance at previous trainings held in the
summer, do not schedule trainings from June to August.) $5,400 $1,350/training j
TBD by training and
consultant; not to exceed
Sub-consultant and resource support for quarterly trainings $$200 total with to
00 allocated foror
training resources and
$600 materials
Green Cities one-hub sharing site; maintained with upcoming regional
trainings available to Green Kent staff and Stewards, relevant shared
resources as they become available,and updated Network directory $2,860 $238.33/month
Four Green Cities focus groups,to be held quarterly with topics
determined by city partner input $1,000 $250/focus group
•$600/booth
Annual Green Cities Day series outreach support: one regional press coordination
release, coordinate booth at WA State Fair, 12 hrs. Forterra staff time •$550/regional press
release
at booth for Green Kent Partnership
•$90/hr.staff time for
$2,230 outreach
Standard federal mileage
Travel budget rate(for business miles
$154 driven)
TOTAL $13,594
I
II
i
EXHIBIT S
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance Covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liability coverage.
Commercial General Liability Insurance shall be written on
ISO occurrence form CG 00.01. The City shall be named as
an Additional 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.
2. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
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
$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000
general aggregate.
EXHIBIT B (Continued) j
I �
l
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the Insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the Insurance requirements of
the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as Insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
j
C� ORD CERTIFICATE OF LIABILITY INSURANCE Date(MMO D/YR)
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 CONSITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE
OR PRODUCER AND THE CERTIFICATE HOLDER,
IMPORTANT: If the caWoate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed, If SUBROGATION IS WAIVED,subject!0 the terms j
and condl0ons of the policy,certain policies require an endorsement A statement an this certificate does not confer rights to the certificate holder In lieu of
such endorsements.
PRODUCER CONTACT
NAME;
Heffernan Insurance Brokers PHONE FAX
WR
PO Box 69038 A/0 No ; 800.208.6912 A C No; 80g-215-g14T
EMAIL
Portland,OR 97239 AW)RESS:
INSURERS AFFORDING COVERAGE NAIC#
INSURED Folferfa INSURERA: First Nailonel Ins Co.ofAmarica 2472q
INSURER 0: American States Insurance Com an 19704
901 Fifth Ave.#2200 INSURER c; a1t9a'
Seattle,WA 98164 INSURERD:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: ''..
THIS I C TI Y POLICIES DF INSURANCE L TED BEL AVE BEEN ISSUED TOT E INS RED NAME ABOVE FORTHE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY_REOUIREMENT,TERM OR CONDITION OF ANY COMRACT OR OTHER ODCUMENT WrrH RESPECT TO WHICH THIS CERTIFICATE MAY BE
ISSUED OR MAY PERTAIN,THE INSURANCE AFFOROED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDRIONS OF
SUCH POLICIES;LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _
IWR ., pL .U.R POaCYEFF POLICY LIMITS
LTtY TYPE DFINBURANOE INBR WD POLWY NUA4ECR L
GENERALLIAWILnY OCCURRENCE $1,000,000
E3 "
A % coMA EacwL GENERA L alutt X X 25CC361851120 07/01/2014 07/01/2015nth $1,000,000
OLA04-MVE OCOUR Pr+e°") $20,000 .
X WABHNOTON STOP GAP Bi,CO0,D00 $1,OOD,OOD
GENERIJ:AGGREOATE $3,0001000
PRDp c ProP $8,000,000
OWL,AOpREOATE MIT APPLIES PER AEG'
X POLICY PROJEOi nLOO
AUTOMOBILELIA&LITY Ea auNe
G011=psINGLELIIAT $1.000,000
nO
A ANYAvro x 25CC361861120 071o1/2014 07/01/2016 SWIILYINJURY(°¢` $
eDIRLD11Leo e0014YINJURY(Per $
ALLOYr'NEDAUr09 AUTOS Goaden
NON-am PROPERTYDAMAGE $
X HAIDAUTOS X AUTOG POOOMOnt ..
X uLteRELUUAe X pCCUa FACHOCCURPENCE $10,000,OOD
13 ExcsssL , uuMs-Mhos 01SU43052520 07101120A 07/01/2015 AGaREOATE $10,000,00g
TED x RGTENIION $10.00
WOREERS oOMhEN8ATI0N ORY LIMITS E
ANDEWLOYERVLIABUN YIN
AWPRORR'ERITOMARM`R.EXEOUMVf/
OFRCER6fEMEEREXCLUDEDy ❑ WA EMPLOYEL.DIBEASE-EA $
(Mm WYMN.H.) EE
Iryyea,J WOaaadarDESORIPTIONOF E.UPISEASe-POLICY $
0 RRATIONSWIm LIMIT
D ECRIPT(ON DP DPRRA7mNe fLOCAT Ne,1VEHICLEa(AltatNACORD 1,Adtll onel Remarks EoneGWe,HmOreepaeRle requlraq)
RE:AS Per Contract or Agreement on File with Insured.
As respects the General Liability pollcy,City of Kent Is/are Included as Addition at Insured,on a Primary$,Non-Contributory basis,per the
attached form C6768016.61 Additional Insured status applies for Completed Operations per form CO2037 07-04.A Waiver of Subrogation
applies on,the General liability pollcy per form C07635 02-07,page 4 of 4.Additional Insured status applies an the Automobile Liability
policy per form 6A2048 02-99,attached.The Auto Liability policy applies on a Primary bests perform CA 00 01.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH j
THE POLICY PROVISIONS.
City of Kent
220 Fourth Ave. S, AUTHORIZED REPRESENTATIVE
Kent,WA 98032
ACORD 26(2010106) , The ACORD neme and logo are registered marks of ACORD 01.88.2010 ACORD CORPORATION.All rights reserved.
i
i
Named Insured: Forterra Policy Number. 25CO361851120
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED PRIMARY
COVERAGE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Kent
(If no entry appears above,information required to complete this endorsement will be shown in the declarations as
applicable to this endorsement.)
SECTION 11—WHO iS AN INSURED is amended to you. Coverage shall be limited to the extent of your
include as an additional insured the person or negligence or fault according to the applicable
organization shown in the Schedule subject to the principles of comparative fault
following provisions:
The insurance provided will not exceed the lesser of
1. The additional Insured is an insured by only for
liability directly resulting from: a. The coverage and/or limits of this policy,or
b. The coverage and/or Ilmits required by the
a, your ongoing operations for the additional in- contract,agreement or permit.
sured whether the work is performed by you
or for you;or With respect to the insurance afforded the additional
b. the general supervision of your ongoing op- insured, paragraph 4. of SECTION IV_ doMMER-
erationis by the additional insured- CIAL GENERAL LIABILITY CONDITIONS is deleted
and replaced by the following:
2. This insurance does not apply to:
4. Other Insurance
a. "Bodily injury" or "property damage' arising
out of any act or omission of,or for defects in a. This insurance is primary and noneontrib-
design furnished by or for, the additional utory, and our obligations are not affected by
insured or any other insurance where the additional in-
b. "Bodily injury"or"property damage°in-cluded sured is the Named insured, whether primary,
within the "products-completed oper-ations excess, contingent, or on any other bask;
hazard" however, the defense of any claim or suite
must be tendered as soon as prAcilcaNe to all
A person's or organization,s's status as an additional other insurers which potentially provide
insured under this endorsement ends when your op- insurance for such claim or"suit°.
etations for that insured are completed. b. This additional provision applies only.to the
additional insured shown in the Schedule and
No coverage will be provided if, in the absence of the coverage provided by this endorse-ment.
this endorsement, no liability would be Imposed by
law on
A registered trademark of SAFECO Coporallon
CG 76 8010 02 EP
II
I
i
POLICY NUMBER:25CO361851120 COMMERCIAL GENERAL LIABILITY
CO 20 37 07 04
THIS ENDORSEMENT CRANES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
OrOr aniaation s • Location And Description Of Completed Operations
City of Kent
information required to complete this schedule If not shown above w01 be shown In the Declarations..
Section tl — Who Is Aa Insured is amended to
Include as an additional insured the person(s) or
organization(s) shown In the Schedule, but only
with respect to riArity 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".
i
i
I
I
i
i
CO 20 37 07 04 0150 Properties,Inc.,2004 Page 1 of 1 j
I}
I
� i
EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street, roadway, waterway, or
right-of-way of a railroad.
Paragraph 3.of DEFINITIONS (Secilon.V) Is replaced
by the following: INCREASED MEDICAL EXPENSE LIMIT
S. "Bodily Injury".means bodily injury; sickness or The Medical Expense Limit Is amended to 00,000,
disease sustained by a person,including mental
anguish or deaih resulting from any of these at KNOWLEDGE OF OCCURRENCE
any lime.
The following Is added to Paragraph 2. Duties In The
TRANSFER OF RIGHTS OF RECOVERY Event Of Occurrence, Offense, Claim Or Suit of
COMMERCIAL GENERAL LIABILITY CONDITIONS
The following is added to Paragraph S. Transfer Of (Seatton IV).
Rights Of Recovery Against Others To ,Us of COW
MERGIAL GENERAL LIABILITY CONDITIONS (Sea- Knowledge of an "occurrence", olaini or "cult" by
lion N): your agent, servant Or employee shall not in itself
constitute knowledge of the named Insured unless an
We waive any rights of recovery we may have against otticer of the named insured has reeelved such notice
any person.of organization because of payments we from the agent,servant Dr employee.
make for injury or damage arising out of your ongoing
operations or"your work"done under A contract with UNINTENTIONAL FAILURE TO DISCLOSE ALL
that person or organization and Included in the HAZARDS
°pfoducts-completed operations hazard".This waiver
applies Only to a person or organizafiOnfor whom you The following is added to Paragraph,0..Represents•
are required by written oonlract; agreement or permit tions of COMMERCIAL GENERAL LIABILITY CONDI-
to waive these rights of recovery. TIONS (Section IV):
I
AGGREGATE LIMITS OF INSURANCE — 'PER If you unintentionally fall to disclose any hazards ex.
LOCATION Isting at the Inception dots'of your policy, we will not
deny coverage under this Coverage Form because of
For all sums which the insured becomes legally obli- such failure, However, this provision does not affect
gated to pay as damages caused by "occurrences" our right to collect additional-premium or exercise our
under COVERAGE A (Section I), and for all Medical right of cancellation Or ran I renewal.
expenses caused by accidents under COVERAGE 0
(Section 1),Which, can be attributed only to operations LIBERALIZATION CLAUSE
at a Sinble 'location":
2.a, and 2.b. of Limits of Insurance(Sao- The following paragraph is added to COMMERCIAL
Paragraphs
GENERAL LIABILITY CONDITIONS (Section IV):
lion 111) apply separately 10 each ot'your "looaticns"
owned by or rented to you. 10. If a revision to this Coverage Part,which would
Provide more coverage with no add4onal pre-
'Location" means premises involving the same or mlurn,becomes effective during the polloy period
connecting to or premises whose connection Is in the state shown,in the Declarations, your pot-
icy will oulomatically provide this additional cov-
erage on the effective date of the revision.
Page 4 0 4
I
i
i
I
I
POLICY NUMBER: 25CC361851120 COMMERCIAL AUTO
CA 20 48 02 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM I'
GARAGE COVERAGE FORM '
MOTOR CARRIER COVERAGE FORM
1RUCKERS COVERAGE FORM ,
With Respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless
modified by this endorsement.
This endorsement identities person(s)or organizallon(s)whe are'Insureds'under the Who Is An Insured
Provision of the Coverage Form.This endorsement does not alter coverage provided In the Coverage Form.
This endorsement changes the policy effective on the Inception date of the policy unless another date Is '...
indicated below.
SCHEDULE
Naive ct Pemon(s)or Organization(s):
City of Kent
i
I
(if no entry appears above, Information required to complete this endorsement will be shown In the
Declarations as applicable to the endorsement)
Each person or organization shown In the Schedule Is an"insufed"for liability Coverage, but only to theI,
extentihat person or organizagon qualtlies as an"Insured"under the Who Is An Insured Provision contained
to Seciton II of the Coverage Form.
i
i
I
I
I
i
II
I
CA 20 48 02 89 Copyrighl,Insurance Services Office,Inc.1998
i
B. General Conditions d. When this coverage form and any other
1. Bankruptcy coverage form.or policy covers on the same
basis, either excess or primary,we will pay
Bankruptcy or insolvency of the"insured"orthe only our share, Our share Is the proportion
insureds"estate will not relieve us of any obit- that the Limit of Insurance of our coverage
gations under this coverage form. form bears to the total of the limits of all the
2. Concealment,Misrepresentation Or Fraud coverage fors and policies covering on
This coverage form is void in any case of fraud the some basis.
by you at any time as it relates to this coverage G. Premium Audit
form. it is also void if you or any other "in- a. The estimated premium for this coverage
sured", at any time, intentionally conceal or form Is based on the exposures you told us
misrepresent a material fact concerning: you would have when this policy began.We
a. This coverage form; will compute the final premium due when
b. The covered"auto"; we determine your actual exposures. The
estimated total premium. will be credited
e. Your interest in the covered"auto';or against the final premium due and the first
d. A claim under thiscoverage form. Named insured will be billed for the bat-
3. Liberalization ance, if any. The due date for the final pre-
mium or retrospective premium is the date
if we revise this.coverage for to provide more shown as the due date on the bill.if the es-
coverage without addit onal premium charge, timated total premium exceeds the final
your policy will automatically provide the addi- premium due, the first Named insured will
tionat coverage as of the day the revision is at- get a refund.
fective in your state. b. If this policy is issued for more than one
d. No Benefit To Bailee—Physical Damage year, the premium for this coverage far
Coverages will be computed annually based on our
we will not recognize any assignment or grant rates or premiums in effect at the beginning
any coverage for the benefit of any person or of each year of the policy.
organization holding, storing or transporting 7. Policy Period,Coverage Territory
property for a fee regardless of any other pro- Underthis coverage for,we cover"accidents"
vision of this coverage form, and"losses"occurring:
6. Other Insurance a. During the policy period shown in the Dec-
a. For any covered "auto" you own, this cov- larations;and
erage form provides primary insurance. For b. Within.the coverage territory.
any covered "auto" you don't own, the in-
surance provided by this coverage form is The coverage territory is:
excess over any other collectible insurance. (1) The United States of America;
However,while a covered"auto"which is a {2) The territories and possessions of the Unit
"traitor"is connected to another vehicle,the
Liability Coverage this coverage for pro ad States of America;
vides for the"trailer'Is: (3) Puerto Rico;
(1) Excess while it Is connected to a motor (4) Canada;and
vehicle you do not own. (6) Anywhere in the world if.
(2) Primary while it is connected to a cov- (a) A covered"auto" of the private passen-
ered"auto"you own.
germ type is leased, hired,rooted or,bor-
b. For Hired Auto Physical Damage Coverage, rowed without a driver for a period of 30
any covered "auto"you lease, hire, rent or days or less;and
borrow is deemed to be a covered "auto" (b) The "insured's" responsibility to pay
you own. However, any "auto" that Is damages is determined in a"suit"on the
leased, hired, rented or borrowed with a merits, in the United States of America,
driver is not a covered"auto". the territories and possessions of the
o. Regardless of the provisions of Paragraph United States of America, Puerto Rico
a. 'above, this coverage form'$ Liability or Canada or in a settlement we agree
Coverage is primary for any liability as- to.
sumed under an"insured contract".
1
CA 00 01 0310 0Insurance Services Me,Inc.,2009 Page 9 of 12 j
i
i
I
REQUEST FOR MAYOR'S SIGNATURE
®V� grin(: on C`` erry-'Colored '':apex
{C�I
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENTI.
Approved by Director=
Originator: Lynn Osborn Phone (Originator): 5111
Date Sent:3r31115 to Director Date Required: asap please
Return Signed Document to: Lynn Osborn Contract Termination Date: 3/31/2016
VENDOR NAME: Date Finance Notified:
(Only required on contracts 3/31 /15
10 000 and over or on any Grant
DATE OF COUNCIL APPROVAL: Date Risk Manager Notified:
12M 6114 _(_Re uired on Non-City Standard Contracts/Agreements
Has this Document been Specifically Account Number: p�1 ®®9
Authorized in the Budget? YES 0 NO
Brief Explanation of Document:
This consultant agreement continues Forterra's assistance with management of the Green Kent
Partnership, part of the Urban Forestry Plan. Green Kent is entering Year 6 of its 20-year plan. The
primary funding source for this agreement is a grant from the King Conservation District.
All Contracts Must Be Routed Through The Law Department
(This urea to be completed by the Law Department)
Received: {'
Approval of Law Dept.:
Law Dept. Comments:
Date Forwarded to Mayor:
Shaded Areas To Be Completed By Administration Staff
Received:
Recommendations and Comments:
e ;". t r
Disposition f� /
Date Returned:
e:,emus_._ooaumeniarae�oaabanmnv '. 'oaw,ea�