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HomeMy WebLinkAboutPW15-171 - Original - National Barricade Co., LLC - Central Ave Improvements - 05/04/2015 Records 9s,. 'y e C- kl * l KEN T y WASH INGTON f.� Document 4 f" e 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: National Barricade Co., LLC Vendor Number: JD Edwards Number Contract Number: MIS - 1-1 1 This is assigned by City Clerk's Office Project Name: Central Ave. Improvements Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 5,4,15 Termination Date: 12/31/15 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Madfai Department: Engineering Contract Amount: $2,700.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Prepare traffic control plans for the project. As of: 08/27/14 w f• • KENT WASHINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and National Barricade Co., LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and National Barricade Co., LLC organized under the laws of the State of Washington, located and doing business at 6518 Ravenna Ave. NE, Seattle, WA 98115, Phone (206) 523-4045/Fax (206) 525-2042, Contact: Steve Vita (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall prepare traffic control plans for the Central Ave. Improvements project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2015. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Two Thousand, Seven Hundred Dollars ($2,700.00), 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 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 SERVICES AGREEMENT - 1 (Under$10,000) Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, CONSULTANT SERVICES AGREEMENT - 2 (Under$10,000) 10 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 files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. 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 CONSULTANT SERVICES AGREEMENT - 3 (Under$10,000) subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. CONSULTANT SERVICES AGREEMENT - 4 (Under$10,000) 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: B . v B Y Y. (signature) (signature) Print Name: 51:1A, '-�� � Print Name: Mark Howlett, P.E. Its: ( 9,0 , cg 12 . Its: Design Engineering Manager (title) DATE: 7,:7 - DATE: Lf C� NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Steve Vita Timothy J. LaPorte, P.E. National Barricade Co., LLC City of Kent 6518 Ravenna Ave. NE 220 Fourth Avenue South Seattle, WA 98115 Kent, WA 98032 (206) 523-4045 (telephone) (253) 856-5500 (telephone) 206 525-2042 facsimile (253) 856-6500 (facsimile) National Barricade-Central/Madfai CONSULTANT SERVICES AGREEMENT - 5 (Under$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By:y For: °` ��;lZ" I G'l ✓% � - �,�� Title: y-- Date: 7 IS EEO COMPLIANCE DOCUMENTS - 1 T , 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 f CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 C 1 EXHIBIT A National Barricade Co . , LLC . 6518 RAVENNA AVE NE SEATTLE, WA 98115 PH : (206) 523-4045 / (800) 884-4045 ( WA Only ) FAX (206) 525-2042 DATE s April S 2015 ATTN City of Kent Public Works CONTACT ; Mark Madfai PHONE : (253)856-5521 MOBILE / PAGER: FAX : PROJECT a Central Ave Improvement project(Traffic OWNER ` Control) MAC TERIAL SUPPLY QUOTATION Bid/tem# Quant& Description U/=, Un t Prick „ Amount 1 15 Traffic Control Plan(Per page price) (see below) ea 175.00 2,625.00 Includes 3 minor or 2 major revisions per page Overview (2) sites&locations of work to apply typical I Line existing sanitary sewer Willis to 259th (3) Typicals Replace curb,gutter and sidewalk- (2) Typicals Install new waterline Willis to 259th (4) Full width overlay (4) perhaps or use above crossing Hours for administration Meetings/Reviews/Revisions ea 75.00 if needed I All Pricing Is For Quantities Listed+/-10% Material Quotation Only.Installation,Set-Up,Epoxy &Other Services Are Not Included In Quote Payment Terms:Net 30 1 1/2%Charged On All Past Due Accounts National Barricade Co., Inc. has many other items not listed as pay items but required for overall jobsite safety: Traffic Cones-Vehicle Lighting-Batteries-Construction &Custom Signing If you have any questions please feel free to contact F.O.B.: e-mail Steve Vita i 5 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. 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. 3. 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 $2,000,000 each occurrence, $4,000,000 general aggregate. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the 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 i �co CERTIFICATE OF LIABILITY INSURANCE D1DD1YYYY) .,..�' 3/2/22/2015 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NCO ANEACT Michele Stonecipher PLC Insurance, LLC PHONE Ext)s (425)712-3664 FAQ No:(425)712-3786 4211 Alderwood Mall Blvd, #210 E-DMDAIL .michele@plcins.com INSURERS AFFORDING COVERAGE NAIC f! Lynnwood WA 98036 INSURER A:American States Insurance Comp INSURED INSURER B Navigators Specialty Insurance National Barricade Co., LLC. INSURERC; 6518 Ravenna Ave. N.E. INSURER D: INSURER E: Seattle WA 98115 INSURERF: COVERAGES CERTIFICATE NUMBER:14/15 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL UBR POLICY NUMBER POLICY EFF IPO POLICY EXP LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE X COMMERCIAL GENERAL LIABILITY PREMISES Ea RENTEDn $ 200,000 A CLAIMS-MADE Fx_]OCCUR 01CH480624 6/9/2014 6/9/2015 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 - I GENERAL AGGREGATE $ 2,000,000 j GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO LOC $ JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT E accident) 11000,000 X ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED 11C11480624 6/9/2014 6/9/2015 AUTOS AUTOS BODILY INJURY{Per accident} $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident) $ $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 B X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED I I RETENTION E14EXC7317671V 6/9/2014 6/9/2015 $ A >00W( Q=09=)4K WC STATUS OTH- >1QXEMPLOYERS'LIABILITY Y!N j ANY PROPRIETOR/PARTNER/EXECUTIVE❑ N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICEWMEMBEREXCLUDED? 6/9/2014 6/9/2015 01CH480624 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under A Stop DESCRIPTION OF OPERATIONS below B Gap E.L.DISEASE-POLICY LIMIT $ 2,000,000 i DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES (Attach ACORD 101,Additional Romarks Schedule,if more space Is required) Project: S. 224th St. City of Kent is added as Additional Insured per attached CG7680 1002, CG8672 1002 and CA7110 0307. Coverage is Primary and Non-Contributory. ! i CERTIFICATE HOLDER CANCELLATION I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE j THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent 400 West Gowe Kent, WA 98032 AUTHORIZED REPRESENTATIVE 001 Mike Rucker/MONICA -- ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 tminnsi ni The Ar'npn name anti Inr+n arc rcniatarcrl manta of Arn;?) I M. •"•REPRINTEDFROV THE ARCHtVE.THE ORIGINAL TRANSACTION MAY INCLUDE AOD�TM.NALFORMS Liberty CG 76 80 10 02 Northwest. 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: Any person or organization for whom you are required by written contract, agreement or permit to provide a primary and non- contributory additional insured endorsement. (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II -- WHO IS AN INSURED is amended you. Coverage shall be limited to the extent of your to include as an additional insured the person or negligence or fault according to the applicable prinoi- organization shown in the Schedule subject to the pies of comparative fault. following provisions: The insurance provided will not exceed the lesser of: 1. The additional insured is an insured but only for liability directly resulting from: a. The coverage and/or limits of this policy, or a. your.ongoing operations for the additional in- b. The coverage and/or limits required by the sured whether the work is performed by you contract, agreement or permit. or for you; or Wlth respect to the Insurance afforded the additional b. the general supervision of your ongoing op- insured, paragraph 4. of SECTION iV -- COMMERM erations by the additional Insured. CiAL GENERAL LIABILITY CONDITIONS Is de- . This insurance does not apply to: feted and replaced by the following: a. "Bodily injury„ or "property damage" arising 4. Other Insurance out of any act or omission of, or for defects a. This insurance is primary and noncontrib- in 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- sured is the Named Insured, whether pri- cluded within the "products-completed oper- mart, excess, contingent, or on any other ations hazard." basis; however, the defense of any claim or "suit" must be tendered as soon as practi- A person's or organization's status as an additional cable to all other insurers which potentially Insured under this endorsement ends when your op- provide insurance for such claim or "suit". orations for that insured are completed. b. This additional provision applies only to the additional insured shown in the Schedule No coverage will be provided if,in the absence of this and the coverage provided by this endorse- endorsement, no liability would be imposed by law on ment. CG 76 80 10 02 EP AFP-META2.1&PRINT001.2229.0153.1 'r LxGer[y CG 66 72 10 02 I POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. i ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS -- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART I SCHEDULE Name of Person or Organization: j Any person or org for whom you are required by written contract, agreement or permit to provide completed operations coverage. Location and Description of Completed Operations: your work on all jobs at: all locations for i the named person or organization. i Additional Premium: (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) r SECTION It --WHO 19 AN INSURED Is amended to include as an Insured the person or organization shown In the Schedule, but only to the extent you are held liable due to "your work" at the location designated and described in the schedule of this endorsement for that Insured and included in the "product-completed operations hazard„. m i ell i —" Includes Copyrighted Information of 180 Properties, Inc., �... 2001 with permission. cG 88 72 10 02 EP C-Ali-07-P R I N T001-25 78.DDOS-U r' 7 COMMERCIAL AUTO CA 71 10 03 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO PLUS ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. EXTENDED CANCELLATION CONDITION BLANKET ADDITIONAL INSURED Paragraph 2.b. of the CANCELLATION Common SECTION II LIABILITY COVERAGE — A.I. WHO Policy Condition is replaced by the following: IS AN INSURED provision is amended by the addition of the following: b. 60 days before the effective date of cancellation If we cancel for any other reason. e. Any person or organization for whom you are re- quired by an "insured contract" to provide insur- TEMPORARY SUBSTITUTE AUTO PHYSICAL ance Is an insured", subject to the following DAMAGE COVERAGE additional provisions: Under C. — CERTAIN TRAILERS MO- (1) The "insured contract" must be In effect paragraph 7 during the policy period shown in the Decla- B€LE EQUIPMENT AND TEMPORARY SUBSTITUTE rations, and must have been executed prior AUTOS of SECTION 1 -- COVERED AUTOS, the to the "bodily injury" or "property damage". fallowing is added: (2) This person or organization is an "insured" If Physical Damage coverage is provided by this Cov- only to the extent you are liable due to your erage Form,then you have coverage for ongoing operations for that Insured, whether the work Is performed by you or for you,and Any "auto" you do not own while used with the per- only to the extent you are held liable for an mission of its owner as a temporary substitute for a "accident!' occurring while a covered "auto" covered vauto" you own that is out of service be- Is being driven by you or one of your ern- cause of its breakdown, repair, servicing, "loss" or ployees. destruction. (3) There is no coverage provided to this person or organization for "bodily injury" to its em- BROAD FORM NAMED INSURED ployees, nor for "property damage" to its SECTION It -- LIABILITY COVERAGE A.1. WHO property. IS AN INSURED provision Is amended by the addition (4) Coverage for this person or organization of the following: shall be limited to the extent of your neg11- gence or fault according to the applicable d. Any business entity newly acquired or formed by principles of comparative negligence or fault, you during the policy period provided you own (5) The defense of any claim or "suit" must be 50% or more of the business entity and the tendered by this person or organization as business entity Is not separately insured for soon as practicable to all other Insurers Business Auto Coverage. Coverage is extended which potentially provide Insurance for such up to a maximum of 180 days following acquisi- claim or "suit". tion or formation of the business entity.Coverage under this provision is afforded only until the end of the policy period. includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CA 71 10 03 07 Pap 1 of 6 EP I i I i J l (6) The coverage provided will not exceed the PERSONAL EFFECTS COVERAGE lesser of: A. SECTION III -w PHYSICAL DAMAGE COVER- (a) The coverage and/or limits of this policy; AGE, A.4. COVERAGE EXTENSIONS, Is or amended by adding the following: b) The coverage and/or limits required b ( g q Y a. Personal Effects Coverage the 'insured contract". For any Owned "auto" that is involved in a (7) A person's or organization's status as an covered "loss", we will pay up to $500 for "insured" under this subparagraph d ends 'personal effects" that are lost or damaged when your operations for that 'Insured" are as a result of the covered "loss", without completed. applying a deductible. EMPLOYEE AS INSURED EXTRA EXPENSE --BROADENED COVERAGE i i Under Paragraph A. of Section 11 — LIABILITY COV- Paragraph A. — COVERAGE of SECTION III -- ERAGE item f. is added as follows: PHYSICAL DAMAGE COVERAGE Is amended to add: Your "employee" while using his owned "auto",or an "auto" owned by a member of his or her household, 5. We will pay for the expense of returning a stolen in your business or your personal affairs, provided you covered "auto"to you. do not own, hire or borrow that 'auto".This coverage is excess to any other collectible insurance coverage. AIRBAG COVERAGE FELLOW EMPLOYEE COVERAGE Under paragraph B. — EXCLUSIONS of SECTION IiI �-PHYSICAL DAMAGE COVERAGE, the following is Exclusion 5. FELLOW EMPLOYEE of SECTION 11 — added: LIABILITY COVERAGE --- B. EXCLUSIONS Is amended by the addition of the following: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. However, this exclusion does not apply If the "bodily injury" results from the use of a covered "auto" you NEW VEHICLE REPLACEMENT COST own or hire, and provided that any coverage under this provision only applies in excess over any other Under Paragraph C — LIMIT OF INSURANCE of collectible Insurance. Section iII — PHYSICAL DAMAGE COVERAGE sec- tion 2 is amended as follows: BLANKET WAIVER OF SUBROGATION 2. An adjustment for depreciation and physical con- We waive the right of recovery we may have for pay- dition will be made in determining actual cash ments made for "bodily injury" or "property damage" value in the event of a total loss.However, in the on behalf of the persons or organizations added as event of a total loss to your "new vehicle" to "insureds"under Section If LIABILITY COVERAGE which this coverage applies, as shown in the — A1.D. BROAD FORM NAMED INSURED and declarations,we will pay at your option: A.1.e. BLANKET ADDITIONAL INSURED. a. The veritiable "new vehicle" purchase price you paid for your damaged vehicle, not In- PHYSiCAL DAMAGE — ADDITIONAL TRANS- cluding any insurance or warranties pur- PORTATION EXPENSE COVERAGE chased; The first sentence of paragraph A.4. of SECTION III b. The purchase price, as negotiated by us, of -- PHYSICAL DAMAGE COVERAGE is amended as anew vehicle of the same make, model and follows: equipment, not including any furnishings, parts or equipment not installed by the We will pay up to $50 per day to a maximum of manufacturer or manufacturer's dealership. $1,500 for temporary transportation expense incurred if the same model is not available pay the by you because of the total theft of a covered "auto" purchase price of the most similar model of the private passenger type. available; I Page Z of B i l c. The market value of your damaged vehicle, a. Actual cash value of the damaged or stolen not including any furnishings, parts or equip- property as of the time of the 'loss", less an meet not installed by the manufacturer or adjustment for depreciation and physical manufacturer's dealership. condition; or This coverage applies only to a covered "auto" b. Balance due under the terms of the loan or of the private passenger, light truck or medium lease that the damaged covered "auto" is truck type (20,000 lbs or less gross vehicle subject to at the time of the "loss", less any weight) and does not apply to Initiation or set up one or all of the following adjustments: costs associated with loans or leases. (1) Overdue payment and financial TWO OR MORE DEDUCTIBLES penalties associated with those payments as of the date of the "loss". Under SECTION III — PHYSICAL DAMAGE COV- ERAGE, If two or more "company" policies or cover- (2) Financial penalties Imposed under a age forms apply to the same accident, the following lease due to high mileage, exces- applies to paragraph D. Deductible: sive use or abnormal wear and tear. a. If the applicable Business Auto deduct- (3) Costs for extended warranties, Cre- ible is the smaller (or smallest) deduct- dit Life Insurance, Health, Accident ible it will be waived;or or Disability Insurance purchased Business Auto deduct- with the loan or lease. b. if the applicable n ible is not the smaller (or smallest) de- (4) Transfer or rollover balances from ductible It will be reduced by the amount previous loans or leases. of the smaller (or smallest) deductible; (5) Final payment due under a "Balloon or Loan". c. If the loss Involves two or more Busi- (6) The dollar amount of any ness Auto coverage forms or policies un-repaired damage that occurred the smaller (or smallest) deductible will prior to the "total loss" of a covered be waived. "auto". For the purpose of this endorsement (7) Security deposits not refunded by a "company" means: lessor. a. Safeco Insurance Company of America (8) All refunds payable or paid to you b. American States Insurance Company as a result of the early termination of a lease agreement or any war- c. General insurance Company of America ranty or extended service agree- d. American Economy Insurance Company ment on a covered "auto". e. First National Insurance Company of (9) Any amount representing taxes. America (10) Loan or lease termination fees f. American States Insurance Company of Texas GLASS REPAIR —WAIVER OF DEDUCTIBLE g. American States Preferred insurance Under paragraph D. --DEDUCTIBLE of SECTION III Company -- PHYSICAL. DAMAGE COVERAGE, the following is h. Safeco Insurance Company of Illinois added: LOANILEASE GAP COVERAGE No deductible applies to glass damage if the glass is repaired rather than replaced. Under paragraph C -- LIMIT OF INSURANCE of SECTION III PHYSICAL DAMAGE COVERAGE:, AMENDED DUTIES iN THE EVENT OF ACCI- the following is added: DENT, CLAIM, SUiT OR LOSS 4. The most we will pay for a total "loss" in any one The requirement In LOSS CONDITION 2.a. — "accident" Is the greater of the following, subject DUTIES 1N THE EVENT OF ACCIDENT, CLAIM, to a$1,500 maximum limit: SUiT OR LOSS -- of SECTION iV — BUSINESS AUTO CONDITIONS that you must notify us of an CA 71 10 03 07 Page 3 of 6 EP t � i .z ' I "accident"applies only when the "accident" is known deductible and excess provisions, we will provide to: coverage equal to the broadest coverage applicable to any covered "auto" you own. (1) You, If you are an individual; HIRED AUTO PHYSICAL DAMAGE COVERAGE " (2) A partner, if you are a partnership;or LOSS OF USE (3) An executive officer or insurance manager,if you are a corporation, SECTION III — PHYSICAL DAMAGE A.4.b. Form does not apply. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Subject to a maximum of$1,000 per accident, we will cover loss of use of a hired "auto" If it results from SECTION IV -- BUSINESS AUTO CONDITIONS -- an accident, you are legally liable and the lessor in- B.2. is amended by the addition of the following: curs an actual financial loss. If you unintentionally fail to disclose any hazards ex- RENTAL REIMBURSEMENT COVERAGE Isting at the inception date of your policy, we will not A. We will pay for rental reimbursement expenses deny coverage under this Coverage Form because of incurred by you for the rental of an "auto" be- such failure. However, this provision does not affect cause of a covered "loss" to a covered "auto". our right to collect additional premium or exercise our payment applies in addition to the otherwise ap- plicable amount of each coverage you have on a HIRED AUTO •-• LIMITED WORLD WIDE COVER- covered "auto". No deductibles apply to this AGE coverage. B. We will pay only for those expenses incurred Under Section IV -- Business Conditions, Paragraph during the policy period beginning 24 hours after S.7.b.e(1) is replaced by the following: the "loss" and ending, regardless of the policy's (1) The "accident" or "lass" results expiration,with the lesser of the following number from the use of an "auto" hired for of days: 30 days or less. 1. The number of days reasonably required to repair or replace the covered "auto". If RESULTANT MENTAL ANGUISH COVERAGE "loss" is caused by theft, this number of days is added to the number of days it takes r SECTION V -- DEFINITIONS --C.is replaced by the to locate the covered "auto" and return It to following: you, "Bodily Injury" means bodily injury, sickness or dis- 2. 30 days. ease sustained by a person Including mental anguish C. Our payment is limited to the lesser of the foI- or death resulting from any of these. lowing amounts: HIRED AUTO} PHYSICAL DAMAGE COVERAGE 1. Necessary and actual expenses incurred. 2. $50 per day. j If hired "autos" are covered "autos"for Liability cov- erage and if Comprehensive, Specified Causes of D. This coverage does not apply while there are Loss or Collision coverages are provided under this spare or reserve "autos"available-to you for your Coverage Form for any "auto" you own, then the operations. Physical Damage Coverages provided are extended to "autos"you hire or borrow. E. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay The most we will pay for loss to any hired "auto" is under this coverage only that amount of your $50,000 or Actual Cash Value or Cost of Repair, rental reimbursement expenses which is not al- whichever is smallest, minus a deductible. The de- ready provided for under the PHYSICAL DAM- ductible will be equal to the largest deductible appli- AGE COVERAGE Coverage Extension. cable to any owned "auto" of the private passenger F. The Rental Reimbursement Coverage described or light truck type for that coverage. Hired Auto Phy- above does not apply to a covered "auto"that Is sical Damage coverage is excess over any other col- described or designated as a covered °auto" on lectible insurance. Subject to the above limit, Page 4 of 6 Rental Reimbursement Coverage Form the manufacturer for the installation of a CA 99 23. radio. AUDIO, VISUAL AND DATA ELECTRONIC C. Limit of Insurance EQUIPMENT COVERAGE With respect to this coverage, the LIMIT OF IN- A. Coverage SURANCE provision of PHYSICAL DAMAGE COVERAGE is replaced by the following: 1. We will pay with respect to a covered "auto" 1. The most we will pay for "loss"to audio,vi- for "loss" to any electronic equipment that sual or data electronic equipment and any receives or transmits audio, visual or data accessories used with this equipment as a signals and that Is not designed solely for the result of any one "accident" is the lesser of: reproduction of sound.This coverage applies only if the equipment is permanently installed a. The actual cash value of the damaged in the covered "auto" at the time of the or stolen property as of the time of the "loss" or the equipment is removable from a "loss"; or housing unit which Is permanently installed b. The cost of repairing or replacing the in the covered "auto" at the time of the "loss", and such equipment Is designed to damaged or stolen property with other be solely operated by use of the power from property of like kind and quality. the "auto's'I electrical system, in or upon the C. $1,000. covered °auto". 2. An adjustment for depreciation and physical 2. We will pay with respect to a covered "auto" condition will be made in determining actual for "loss" to any accessories used with the cash value at the time of the "loss". electronic equipment described In paragraph 3. If a repair or replacement results In better A.I. above. than like kind or quality, we will not pay for However, this does not Include tapes, the amount of the betterment. records or discs. D. Deductible ' 3. If Audio, Visual and Data Electronic Equip- ment Coverage form CA 99 60 or CA 99 94 1. If "loss" to the audio, visual or data elec- is attached to this policy, then the Audio, Vi- tronic equipment or accessories used with sual and Data Electronic Equipment Cover- this equipment is the result of a "loss" to the age described above does not apply. covered "auto" under the Business Auto Coverage Form's Comprehensive or Colli- B. Exclusions. sion Coverage, then for each covered "auto" The exclusions that apply to PHYSICAL DAM- place damaged or stolen property will be our obligation to pay for, repair, return or re- AGE COVERAGE, except for the exclusion relat- re- duced by the applicable deductible shown In Ing to Audio, Visual and Data Electronic Equipment, also apply to this coverage. In addi- the Declarations. Any Comprehensive Cov- tion, the following exclusions apply: erage deductible shown in the Declarations does not apply to "loss" to audio, visual or We will not pay for either any electronic equip- data electronic equipment caused by fire or ment or accessories used with such electronic lightning. equipment that is: 2, If "loss" to the audio, visual or data elec- 1. Necessary for the normal operation of the tronic equipment or accessories used with covered "auto" for tha monitoring of the this equipment is the result of a "loss"to the covered "autos" operating system; or covered "auto" under the Business Auto 2. Both: Coverage Form's Specified Causes of loss Coverage, then for each covered "auto" our a. an integral part of the same unit housing obligation to pay for, repair, return or replace any sound reproducing equipment de- damaged or stolen property will be reduced signed solely for the reproduction of by a$100 deductible. sound if the sound reproducing 3. If "loss" occurs solely to the audio, visual or equipment Is permanently Installed in data electronic equipment or accessories the covered "auto"; and used with this equipment, then for each cov- b. permanently Installed in the opening of ered "auto" our obligation to pay for, repair, the dash or console normally used by CA 71 10 03 07 Page 5 of 6 EP . r i return or replace damaged or stolen property SECTION V --DEFINITIONS Is amended by adding will be reduced by a$100 deductible. the following: 4. In the event that there Is more than one ap- Q. "Personal effects" means your tangible plicable deductible, only the highest deduct, property that is worn or carried by you, ex- Ible will apply. In no event will more than one cept for tools,jewelry, money, or securities. deductible apply. R. "New vehicle" means any "auto" of which you are the original owner and the "auto" has not been previously titled and Is less than 365 days past the purchase date. I i I i I i i I Psge 6 of 6 I