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HomeMy WebLinkAboutLW14-342 - Original - PermaCold Engineering, Inc. - ShoWare Ice Plant - 04/03/2014 01111 Records 13 erne� KENT N D ocument WPSHINOTON b 't�£�Iiyq f�Fw` 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: PermaCold Vendor Number: JD Edwards Number Contract Number: � ',,A1I i-J '" �q - This is assigned by City Clerk's Office Project Name: ShoWare Ice Plant Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 4/3/14 Termination Date: 4/30/14 Contract Renewal Notice (Days): Notice Number of days required notice for termination or renewal or amendment Contract Manager: Kim Komoto Department: Law Contract Amount: Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): As of: 08/27/14 400 KENT WASHI �T- CONSULTANT SERVICES AGREEMENT between the City of Kent and PerrnaCold Engineering, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and PermaCold Engineering, Inc. organized under the laws of the State of Oregon, located and doing business at 2945 NE Argyle St., Portland, OR 97211 (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 parties intend that Consultant's work will be broken into phases. This initial Agreement will cover the first phase of Consultant's intended work. The second and any subsequent phases will be negotiated through either an amendment to this Agreement, or through a separate Agreement, During the first phase covered under this initial Agreement, Consultant will inspect the ShoWare Center's ice plant equipment; meet with City staff to discuss the ice plant equipment's prior and current problems; review any repair and maintenance documents that evidence work already performed on the ice plant equipment; troubleshoot, diagnose, and determine the cause of the ice plant equipment's prior and existing problems; and determine any repairs or work necessary to return the ice plant equipment to proper working condition. The Consultant's scope of work is further described in the attached and incorporated Exhibit A. 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 April 30, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $4,000, 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, CONSULTANT SERVICES AGREEMENT- 1 (Under$10,000) 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 B. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a flnal 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 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. CONSULTANT SERVICES AGREEMENT - 2 (Under$10,000) V%. 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, 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 C 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, CONSULTANT SERVICES AGREEMENT- 3 (Under$10,000) 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 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 aMr d 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 indemnlflcation 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. CONSULTANT SERVICES AGREEMENT - 4 (Under$10,000) 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, 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 Agreementt which shall become effective on the last date entered below. CONSULT NT: CITY OF KENT: By; l t�r� ov. (signature) `V,.! 'sl g nature) Print Name: ' ce , r -tp / Print Name: Arthur "Pat" Fitzpatrick Its: 0%�, _1�rsrZ uN��a ,r.�� z- Its: Acting City Attorney___.,.__„ (t tle) DATE: ���s � "�`I DATE: r y NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT. Mr. Gordon Anderson, Officer Manager Tammy White, Assistant City Attorney PermaCold Engineering, Inc. City of Kent Law Department 2100 196th Street SW, Suite 113 220 Fourth Avenue South Lynnwood, WA 98036 Kent, WA 98032 (425) 678-8905 (telephone) (253) 856-5770 (telephone) 425 678-8709 facsimile (253) 856-6770 (facsimile) I 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 I above. By signing below, I agree to fulfill the five requirements referenced above. r Z-) / //�� For: �-/li'✓ � ,�u •r o xr,lzFs ,e�r7sf 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 Z,A0 1.n Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as a,g,d that was entered into on the / (date) between the firm I represent and the City of Kent. I declare that I compiled 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. 1 For:�r z� �•� 1�� , r StirCUz �i,rr2 Title: l :AWior l i Date: I EEO COMPLIANCE DOCUMENTS - 3 $—V- April Exhibit A e9 (Scope of Work) Engineering, Inc 1, 2014 Tammy White Assistant City Attorney 220 Fourth Aveuuo South Kent,NtA 98032 Subject: Phase One We appreciate the opportunityto provide our proposal for the above referenced work. We,propose the following: ® A.visit to Showare Coster by the following people from Perntaeold. Chris :H evzog Lynnwood office P.E. and Chief Engineer Ed Cloudy Senior Account tllamnger and future contact Gordon Anderson Lynnwood office manager Permaeold technician to take oil, ammonia, and brine samples to ho tested ® This fact finding as stated by Tammy White would involve Permacold illspeeting the equipment, discussing the problems with staff, reviewing the work that bas already been done to date, and troubleshooting and evaluating the problem. ® Phase two will be once the problem is diagnosed,PornnaCold would then propose it's recommended solution and the estimated cost to implement that.solution. PormaCold will also in phase two complete a detailed engineering report that explains PermaCold's opinion as to the cause of the problem. Please get:back to us if'you wish us to move forward with phase one. Estimated cost for this work is: $3,962 Best regards, G%mc�lotx�ha'er�Qac>; Permacold Engineering,Inc. EXHIBIT A (Scope of Work) 2915 NE Argyle Street o Portland, OR 97211 e (503) 249-8190 a (800)455-8585 • Fax(503) 249-8322 email: chris.herzog@permacold.com www.permacold.com CC8#95654 MleimtWd A inelaNaM I Mmnnu Refryentsm I EXHIBIT A (Scope of Work) Exhibit B (Billing Rates) Hourly rate; $118 hr. Overtime rate: $155 hr. Double time rate: $195 hr. Purchased items: Cost times 1.25% EXHIBIT B (Billing Rates) Exhibit C (Insurance) 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. 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. 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. 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 mainta€ned 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 EXHIBIT C (insurance) I 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. EXHIBIT C (Insurance) ACORD. 319861 PERMAENG ''.. AC®R®P, CERTIFICATE OF LIABILITY INSURANCE nn a(numDomY ) 4/03/2014 THIS CERTIFICATE IS ISSUEDAS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND ORALTER 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:Ifthe certlflcato holder is an ADDITIONAL INSURED,the pollcy(fes)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms anti conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to tho certificate holder In lieu of such ondorsement(s). PRODUCER CNAR1E:ONTACT Laurie Ritson USI Northwest ONE 503 224.8390 _ �r�c.rro,r:><I: {ac,Ro>: 610362.8130 700 NE Multnomah,Suite 1300 E-nul� ADDRESS: _ _ Portland,OR 97232 INSURER(S)AFFORDING COVERAGE NAIC# 503 224.8390 INSURERA:National Fire Insurance Co,of 20478 INSURED - INSURERB:Navigators Insurance Company 42307 PormaCoid Engineering Inc INSURERc:SAIF Corporation - 36196 2945 NE Argyle Street INSURER❑;Houston Casualty Company 42374 Portland,OR 97211 _ INSURER E: INSURERF: 'i COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS 10 CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVEBEEN ISSUED TOTHE INSURED NAMEDABOVE POR THE POLICYPERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONJITIONOF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE LSSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TI IF TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NISR AUDI sun POLLI((;;yyR pOLICY EXP ITS TYPE OF INSURANCE yyyp PODGY NUMBER I.1h110IJ/YY PhUDUfIYYY LIAfIT6 __.. . A GENENALLIABILITY C2004437877 10101/2013 10/0112014 EACHOCCURRENCE $1000000 pyW�F gFNIEU COh1P.1[RGIAL GENERAL LIABILITY PRL'A1f5E� Ea�;.cvrreece) $366969 CLAIMS-MADE L^1 OCCUR SALOEXP(Anyana arson) $15000 PERSONALRAnv IN,lupv $1 000 000 . GENERAL AGGREGATE $2 000 000 6E11i.AGOREOATELRd1T APPLIES PER: PRODUCTa-COMPIOPAGG $2,000,000 POLICY nx PR0. LOU_ S A AUTONIOBILFLIASIUTY C2064437894 10/01/2013 1010112014 COMBINED SINGLE LIMIT q 000000 �I X ANYAVTO BODILY INJURY(Per parson) $ ALLOWNED SCHF.DULEU ) $ AUTOS AUTOS -_.. . . NON-O'ANED PROPERTY DAMAGE BODILY INJURY $ X HIRED AUTOS X AUTOS (Per,nmlde 1 ,I $ B X UM1IBRELIALIA8 X accuR LAI3EXC735639IV 101011201310/011201 EACH OCCURRENCE $10000000 EXCESS LIAR CLAIMS-MADE AGGREGATE $10 000 00O_......._ DEO RETENTION $ C WORKERS COMPF.NBATIOR 812728 10/0112013 10/011201 X WC STATU-S OTH- AND ESIPLOYERS'LtAe1LITY ANY PROPRIETOWPARTNERI ECUTIVE YIN E.L.EACH ACCIDENT $1000000 OFFICERR.tEM.10ER rJ(CLUOE01 � NIA ---- {rdandaloryin NHJ E.L.DISEASE-FA EMPLOYEE 51 906 000 UY as,tlsscnbe Undef DESCRIPTIONOFOPERATION8WV—, E.L.DISEASE-POLICY LUAIT $1,000,OOD D Professional HCC1362875 10/01/2013 10/01/2014 $1,000,000 per Claim Liability $2,000,000 Brunt aggr. !, DESCRIPTION OD OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD ie 1,Addlnonal Remarks SeibedvI%U more spaces N raqulredl !i RE: 2014 System Testing-ShoWare Center ! City of Kent Is an additional Insured as respects General Liability and Auto Liability,as required by written contract,per attached form. Coverage Is primary and non-contributory. CERTIFICATE HOLDER CANCELLATION City of Kent,Washington SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL aE DELIVERED IN III Law Department ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Ave,South Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988.2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 oil The ACORD name and logo are registered marks of ACORD #5119612561M10977119 LXRJT POLICY NUMBER: 2064437894 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 GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organlzatlon(s)who 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. Endorsement Effective 10/01/09 Countersigned By: Named insured:PermuCold Engineering Inc (Authorized Representative SCHEDULE Name of Persons)or Organlzation(s): Any person or organization whom you are required to add as an additional insured tinder written contract or agreement. (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"insured"for Liability Coverage,but only to the extent that person or organization qualities as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. Coverage is primary and any insurance held by the Additional Insured is excess and non-contributory. CA 983(2-99) CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of i G-140331-C CNA (Ed.10110) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BLANKET ADDITIONAL INSURED a OWNERS, LESSEES OR CONTRACTORS WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under ilia following: COMMERCIAL GENERAL LIABILITY COVERAGE PAVI SCHEDULE(OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by%written contract"per Paragraph A.below.) Locations of Covered Operations (As per the"written contract,"provided the location Is within the"coverage territory"of this Coverage Part,) A. Section II-Who Is An Insured is amended to Include 2, We will not provide the additional insured any as an additional insured; broader coverage or any higher limit of insurance 1. Any person or organization whom you are than the least that is: required by "wriften contract' to add as an a, Required by the"wtitlen contract"; additional Insured on this Coverage Part;and b, Described In BA.abovo;or 2. The particular person or organization, if any, c. Afforded to under this policy. scheduled above, you y p y. B. The insurance provided to the additional insured is 3, This Insurance is excess of all other Insurance limited as follows: available to the additional Insured whether on a primary, excess, contingent or any other basis. 1. The person or organizatlon is an additional But If required by the "written contract," this Insured only with respect to Ifabpily for "bodily insurance will be primary and non-conlributory injury," "property damage" or "personal and relative to insurance on which the additional IS) advertising injury"caused in whole or in part by; insured is a Named Insured. 4 a. Your acts or omissions;or 4. The Insurance provided to the additional Insured b, The acts or omissions of those acting on your does not apply to "bodily injury," "property behalf damage," or personal and advertising injury arising out of: in ilia perforrnanae of your ongoing operations a, The rendering of, or the failure to render, any specified in the"wrilten contract";or professional architectural, engineering, or c. "Your work" that Is specified in the "written surveying services,including: contract" but only for "bodily injury" or (1) The preparing, approving, or failing to property damage" included In the "products- prepare or approve maps,shop drawings, completed operations hazard,"and only if. opinions, reports, surveys, field orders, (1) The "written contract" requires you to change orders or drawings and provide the additional Insured such specifications;and coverage;and (2) Supervisory, Inspection, architectural or (2) This Coverage Part provides such engineering activities;or coverage, G-140331-C Includes copyrighted material of Insurance Services Offro,Inn..,rdllr Its parmisslntt Page 1 of 2 (Ed. 10110) - - I if i G-140331-C (Ed.10/10) i b. Any premises or work for which the additional We have no duty to defend or indemnify an insured Is specifically listed as an additional additional insured under this endorsement until we Insured on another endnrsement attached to receive from the additional insured written notice this Coverage Part, of a claim or"suit' C. SECTION IV—COMMERCIAL GENERAL LIABILITY 2. With respect only to the Insurance provided by this CONDITIONS Is amended as follows: endorsement, the first sentence of Paragraph 4.a. 1. The Duties In The Event of Occurrence, of the Other Insurance Condition is deleted and Offense, Claim or Suit condition is amended to mpdacod with the following: add the following additional conditions applicable 4, Other Insurance to the additional insured: a. Primary Insurance An additional Insured under [his endorsement will This insurance is as soon as pmoticable: primary and contributory except when rendered (1) Give us written notice of an "occurrence" or excess by endorsement G-140331-C, or an offense which may result In a claim or when Paragraph b. below applies. "suit" under this insurance, and of any claim D. Only for the purpose of the insurance provided by this or"suit that does result; endorsement, SECTION V — DEFINITIONS is (2) Except as provided in Paragraph B.3 of this amended to add the following definition; endorsement, agree to make available any other Insurance the additional Insured has for "Written contract" means a written contract or w ten a loss we cover under this Coverage Part; agreement that requires you to make a person or organization an additional Insured on this Coverage (3) Send us copies of all legal papers received, Pad,provided the contract or agreement: and otherwise cooperate with us in the q, Is currently in effect or becomes effective (luring Investigation, defense, or settlement of the claim or"suit";and the term of this policy;and (4) Tender the defense and indemnify of any 2. Was executed prior to: claim or "sult" to any othor Insurer or self a. The"bodily Injury'or"property damage";or insurer whose policy or program applies to a loss we cover under this Coverage Part. But b The offense that caused the "personal and if the"written contract"requires this insurance advertising injury" to be primary and non-contributory, this for which the additional insured seeks coverage provision (4) (lops not apply to insurance on under this Coverage Part. which the additional insured is a Named Insured. G-140331-0 Includes copyrighted material of Insurance Sen4ces Offics,Inr,,,Wbi Its pernkelon Page 2 of 2 (Ed. 10110)