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HomeMy WebLinkAboutPW15-409 - Original - Gibson Economics, Inc. - Solid Waste Contract Analysis - 12/29/2015 } k L.t Pw c rs ararr� ei * KENO Document WASH iuoroe �� , i t 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: Gibson Economics, Inc. Vendor Number: 7D Edwards Number Contract Number: V t1ki � , 'LJ C , This is assigned by City Clerk's Office Project Name: Solid Waste Contract Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 12/28/15 Termination Date: 12/31/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment I Contract Manager: Gina Hungerford Department: Engineering Contract Amount: $8,000.00 ------------ Approval Authority: (CIRCLE ONE) Eepartment Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Provide analytical and strategic assistance in evaluating, designing and implementing changes to the current solid waste collection contract. As of: 08/27/14 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Gibson Economics, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Gibson Economics, Inc. organized under the laws of the State of Washington, located and doing business at 600 1s` Avenue, Suite 630, Seattle, WA, 98104, Phone: (206) 367-6548, Contact: John Gibson (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 provide analytical and strategic assistance to the City in evaluating, designing and implementing changes to the current solid waste collection contract between the City and Republic Services. 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, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Eight Thousand Dollars ($8,000.00), 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 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: CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) 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, 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. I IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) I 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 Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. 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 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 CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) 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. 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. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. 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. CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) i K. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OFKENT By: By: (signature) 1 - V ( gnature) Print Name: J"Ai A. C lbs Print Name: Timothy J. LaPorte, P.E, Its: pv�StAlr { Its: P blic Works Director DATE: ]� t�(title) I r5 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: John Gibson Timothy J. LaPorte, P.E. Gibson Economics, Inc. City of Kent 600 1st Avenue, Suite 630 220 Fourth Avenue South Seattle, WA 98104 Kent, WA 98032 (206) 367-6548 (telephone) (253) 856-5500 (telephone) N/A (facsimile) 253 856-6500 facsimile [In this field,you may enter the electronic filepath where the contract has been saved] CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) 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: Jejl,,. A, 6'L LyL4 For: h 5oV� ECGKnvuL(-S, I K, _ Title: R� es,.•ieV�i Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY I 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 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: I EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A Gibson Economics, Inc: 600 First Avenue, Suite 630 i Seattle, WA 98104-2852 Kent 2015-16 Solid Waste Collection Contract Modifications: Scope of Work for Gibson Economics, Inc. (the Consultant) Scope of Work Consultant will provide analytical and strategic assistance to the City in evaluating,designing and implementing changes to the current solid waste collection contract between the City and Republic Services,The Consultant's assistance will Include quantitative analysis,drafting of specific contract provisions, preparation of meeting materials, and attending meetings with City and Republic representatives.Topics to he addressed by the Consultant may include, but will not be limited to: • Possible modified rate adjustment indices; • One-time adjustment to the rate adjustment schedule, combined with subsequent true- up; • Alternative structures and coverage of embedded commercial recycling service to all City commercial customers; • Contract payment adjustment provisions to provide fair compensation for expanded commercial recycling service; • Other contract modification topics as defined by the Project Manager and the City team. The Consultant will proceed with specific tasks, including attending meetings,only upon authorization by the City's Project Manager. Budget The consultant will Invoice the City on a time and materials basis for work performed, based on an all- Inclusive hourly rate of$140 per hour.The maximum amount billed under this contract will not exceed $8,000. I I 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 $1,000,000 each occurrence, $2,000,000 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. 7 ® - DATE IMMIDDIYYYY) ,a�® CERTIFICATE OF LIABILITY INSURANCE 12/1712015 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). CONTACT PRODUCER Liberty Mutual Insurance NAME: _ PO Box 188065 PHONE INC,No E,n): 800-962-7132 talc Nola_ 800-845-3666 Fairfield, OH 45018 ADDRESS: Business Servicept—ibertYMutual.com INSURER(S)AFFORDINGCOVERAGE NAICN INSURER A: American States Insure nCe CDmpanY 19704 INSURED INSURER B: Gibson Economics, Inc. 600 1 st Ave Ste 630 INSURERC _ Seattle WA 98104 INSURER D: - INSURER E: _ INSURER F COVERAGES CERTIFICATE NUMBER: 27706142 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. NOTIMTHSTANDING 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 ADOL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MMIDOfYYYY MWDDIYYYY A �/ COMMERCIAL GENERAL LIABILITY ✓ 01C142310860 12/29/2015 12/29/2016 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENT CLAIMS-MADE ❑✓ OCCUR PREMISES Ea occ 1,000,000urrence $ MED EXP(Any one person) $. 10,000 PERSONAL&AOV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRa- ✓ POLICY CIJECT LOG PRODUCTS-COMP/OPAGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY 01C142310860 12/29/2015 12/29/2016 Eaa acecIdeOtED SiNGLE LIMIT $ 1 000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per aceldent) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ ✓ HIRED AUTOS ✓ AUTOS Per a«i ant $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADEAGGREGATE $ _ DEO RETENTION$ _ $ WORKERS COMPENSATION STATUTE I OERH _ AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTIVE NIA E.L,EACH ACCIDENT $ OFFICERNEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES IACORD 101,Additional Remarks Schedule,may be attached if more space Is required) C17 of Kent-Engineeringg Is Additional Insured if required in a written contract,agreement,permit or schedule. i 30 Day Notice of Cancellation*10 Day Notice of Cancellation for Cancellation for Non-Payment of Premium Certificate Holder Is listed as an Additional Insured with Primary and Non-Contributory Coverage per farm CG7680. II CERTIFICATE HOLDER CANCELLATION i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent-Engineering THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Jemini Davis ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Avenue South Kent WA 98032 AUTHORIZED REPRESENTATIVE Camryn Ray ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD 2770,142 1 0601152CG1 1 15-I6 Motor Certificate I canryn Ray 112/1'1/2CIS 10:21:59 AM fP;'r) I Page 1 Of 7 ._ CG 76 80 10 02 '....... 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 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 princi- organization shown in the Schedule subject to the ples 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 With respect to the insurance afforded the additional b. the general supervision of your ongoing op- insured, paragraph 4, of SECTION IV — COMMER- eratlons by the additional insured. CIAL GENERAL LIABILITY CONDITIONS is de- l. This Insurance does not apply to: leted and replaced by the following: a. 'Bodily Injury" or "property damage" arising 4. Other Insurance l 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- mary, excess, contingent, or on any other allons 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". eratlons 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. GB 76 80 10 02 EP 27706142 10601152061 115-16 waster certieic.aea 12/17/so15 20:3l:50 xw (PST) I Pane 2 of 7 POLICY NUMBER: 01C142310860 COMMERCIAL GENERAL LIABILITY CG 02 2410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days' Notice 30 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium. the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. I I i i CG 02 2410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 ❑ 27706142 0601IS2061 11=-16 MaRLer certificate canc,a Re, 1 12/17/2011 1a:21:59 M (PET) I Pa4e 3 oc 7 I COMMERCIAL GENERAL LIABILITY CG 76 35 02 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Kent ADDITIONAL INSURED — BY WRITTEN lease or occupy, subject to the following CONTRACT, AGREEMENT OR PERMIT, OR additional provisions: SCHEDULE (a) This insurance does not apply to The following paragraph is added to WHO IS AN any "occurrence"which takes place Section II : after you cease to be a tenant in INSURED ( ) any promises leased to or rented to 4. Any person or organization shown in the Schad- you; ule or for whom you are required by written con- (b) This insurance does not apply to tract, agreement or permit to provide insurance any structural alterations, new con- is an insured, subject to the following additional structlon or demolition operations provisions: performed by or on behalf of the a. The contract, agreement or permit must be person or organization added as an in effect during the policy period shown In insured; the Declarations, and must have been exe- (2) Your ongoing operations for that in- cuted prior to the "bodily injury", "property sured, whether the work Is performed damage", or "personal and advertising by you or for you; injury". b. The person or organization added as an in- (3) The maintenance, operation use by p 9 you of equipment leased to you by such sured by this endorsement is an insured only person or organization, subject to the to the extent you are held liable due to: following additional provisions: (1) The ownership, maintenance or use of (a) This Insurance does not apply to that part of premises you own, rent, any "occurrence"which takes place after the equipment lease expires; I Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services, 2001 CG 76 35 02 07 Page 1 of 4 EP 27706142 10a01152n61 1 15-16 Ma ter Certificate I Can,ryn Ray 112/17/2015 10:31:59 NI (PST) I Page 4 n`_ 7 (b) This insurance does not apply to This exclusion applies even if the claims "bodily injury" or `property dam- against any insured allege negligence or age" arising out of the sole negli- other wrongdoing in the supervision, hiring, gence of such person or employment, training or monitoring of others organization; by that insured, if the "occurrence" which caused the `bodily injury" or 'property (4) Permits issued by any state or political damage" involved the ownership, mainte- subdivision with respect to operations nance, use or entrustment to others of any performed by you or on your behalf, aircraft, "auto" or watercraft that Is owned subject to the following additional pro- or operated by or rented or loaned to any in- vision: sured. This insurance does not apply to `bodily This exclusion does not apply to: injury", "property damage", or (1) A watercraft while ashore on premises personal and advertising injury' arising you own or rent; out of operations performed for the state or municipality. (2) A watercraft you do not own that is: c. The insurance with respect to any architect, (a) Less than 52 feet long; and engineer, or surveyor added as an Insured (b) Not being used to carry persons or by this endorsement does not apply to property for a charge; `bodily injury", "property damage or `per- sonal and advertising Injury" arising out of (3) Parking an "auto" on, or on the ways the rendering of or the failure to render any next to, premises you own or rent, pro- professional services by or for you, includ- vided the "auto" is not owned by or ing: rented or loaned to you or the insured; O preparing, pP g g (4) Liability assumed under any "Insured 1 Theapproving, or failing to contract" for the ownership, mainte- prepare or approve maps, drawings, nance or use of aircraft or watercraft; or opinions, reports, surveys, change or- ders, designs or specifications; and (5) "Bodily injury" or "property damage" arising out of: (2) Supervisory, inspection or engineering services. (a) the operation of machinery or d. This insurance does not apply to "bodily equipment that is attached to, or PP Y Y part of, a land vehicle that would injury" or "property damage" included within qualify under the definition of the `products-completed operations haz- "mobile equipment" if it were not and". subject to a compulsory or financial responsibility law or other motor ve- A person's or organization's status as an Insured un- hicle Insurance law In the state der this endorsement ends when your operations for where it is licensed or principally that insured are completed. garaged; or No coverage will be provided if, in the absence of this (b) the operation of any of the machin- endorsement, no liabilitywould be imposed b law on L( or equipment listed in Paragraph Y f.(2) or f.(3) of the definition of you. Coverage shall be limited to the extent of your "mobile equipment". negligence or fault according to the applicable prind- pies of comparative fault. (6) An aircraft you do not own provided it is not operated by any insured. NON-OWNED WATERCRAFT AND NON-OWNED AIRCRAFT LIABILITY TENANTS' PROPERTY DAMAGE LIABILITY Exclusion g. of COVERAGE A (Section 1) is replaced When a Damage To Promises Rented To You Limit Is by the following: shown in the Declarations. Exclusion j. of Coverage A, Section I is replaced by the following: g. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or J. Damage To Properly entrustment to others of any aircraft, "auto" "property damage"to: or watercraft owned or operated by or rented or loaned to any insured. Use Includes oper- (1) Property you own, rent, or occupy, including ation and 'leading or unloading". any costs or expenses incurred by you, or Page 2 of 4 27706142 i 0601152051 1 15-16 Ma"[er certificate I Ca.iv aev 112/1]/2"1s 10:11:59 nM (PST) I Pz1e 5 oe 7 any other person, organization or entity, for WHO IS AN INSURED — MANAGERS repair, replacement, enhancement, restora- tion or maintenance of such property for any The following is added to Paragraph 2.8. of WHO IS reason, including prevention of injury to a AN INSURED (Section II): person or damage to another's property; (2) Premises you sell, give away or abandon, if Paragraph (1) does not apply to executive officers, or the "property damage" arises out of any part to managers at the supervisory level or above. of those premises; SUPPLEMENTARY PAYMENTS — COVERAGES A (3) Property loaned to you; AND B — BAIL BONDS — TIME OFF FROM (4) Personal property in the care, custody or WORK control of the insured; Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — (5) That particular part of real property on which COVERAGES A AND B Is replaced by the following: you or any contractors or subcontractors working directly or indirectly on your behalf b. Up to $300 for cost of ball bonds required are performing operations, if the "property because of accidents or traffic law violations damage" arises out of those operations, or arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. (6) That particular part of any property that must We do not have to furnish these bonds, be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — Paragraphs (1), (3) and (4) of this exclusion do COVERAGES A AND B is replaced by the following: not apply to "property damage" (other than d. All reasonable expenses incurred by.the in- damage by fire) to premises, including the con- sured at our request to assist us in the in- tents of such premises, rented to you.A separate vestigation or defense of the claim or "suit", limit of insurance applies to Damage To Prem- including actual loss of earnings up to $600 ises Rented To You as described in Section III a day because of time off from work. — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if EMPLOYEES AS INSUREDS — HEALTH CARE the premises are "your work" and were never SERVICES occupied, rented or held for rental by you. Provision 2.a.(1)(d) of WHO IS AN INSURED (Section Paragraphs (3), (4), (5) and (6) of this exclusion 11) Is deleted, unless excluded by separate endorse- do not apply to liability assumed under a side- ment. track agreement. Paragraph (6) of this exclusion does not apply to EXTENDED COVERAGE FOR NEWLY ACQUIRED "property damage" included in the "products- ORGANIZATIONS completed operations hazard". Provision 3.a. of WHO IS AN INSURED (Section II) is Paragraph 6. of LIMITS OF INSURANCE (Section ill) replaced by the following: is replaced by the following: a. Coverage under this provision is afforded B. subject to S. above, the Damage To Premises only until the end of the policy period. Rented To You Limit is the most we will pay un- EXTENDED "PROPERTY DAMAGE" der Coverage A for damages because Of "property damage" to any one premises, while Exclusion a. of COVERAGE A (Section 1) Is replaced rented to you, or in the case of damage by fire, by the following: while rented to you or temporarily occupied by you with permission of the owner. a. "Bodily Injury" or "property damage" expected or intended from the standpoint of the insured. The Damage To Premises Rented To You limit is the This exclusion does not apply to "bodily injury" higher of the Each Occurrence Limit shown In the or `property damage" resulting from the use of Declarations or the amount shown in the Declarations reasonable force to protect persons or property. as Damage To Premises Rented To You Limit. GG 76 35 02 07 Page 3 of 4 EP 27706142 0601152061 11S-16 Maeter Certificate I Camryn Ray 1 12/17/2015 10:31!59 M (PST) I Page 6 of 7 I EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street, roadway, waterway, or right-of-way of a railroad. Paragraph 3. of DEFINITIONS (Section V) is replaced by the following: INCREASED MEDICAL EXPENSE LIMIT 3. `Bodily Injury" means bodily injury, sickness or The Medical Expense Limit Is amended to $10,000. disease sustained by a person, including mental anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any time. 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 (Section IV): Rights Of Recovery Against Others To Us of COM- MERCIAL GENERAL LIABILITY CONDITIONS (Sec- Knowledge of an "occurrence", claim or "suit' by tion IV): 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 officer of the named insured has received such notice any person or organization because of payments we from the agent, servant or 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 "products-completed operations hazard". This waiver applies only to a person or organization for whom you The following is added to Paragraph 6. Representa- are required by written contract, agreement or permit tions of COMMERCIAL GENERAL LIABILITY CONDI- to waive these rights of recovery. TIONS (Section IV): AGGREGATE LIMITS OF INSURANCE — PER if you unintentionally fail to disclose any hazards ex- LOCATION isting at the Inception date 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 out under COVERAGE A (Section 1). and for all medical right of cancellation or non-renewal. expenses caused by accidents under COVERAGE C (Section 1), which can be attributed only to operations LIBERALIZATION CLAUSE at a single location": The following paragraph Is added to COMMERCIAL Paragraphs 2.a. and 2.b. of Limits of Insurance (Sec- GENERAL LIABILITY CONDITIONS (Section IV): tion 111) apply separately to each of your `locations" owned by or rented to you. 10. If a revision to this Coverage Part, which would provide more coverage with no additional pre- "Location" means premises involving the same or mium, becomes effective during the policy period connecting lots, or premises whose connection is in the state shown in the Declarations, your pol- icy will automatically provide this additional cov- erage on the, effective date of the revision. I, I Page 4 of 4 2770ci42 0601153e61 15-16 24a8ePr caec.ficaee Cami Ray 132/i7/2015 10:31:59 wn (PST) Page v of 7