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HomeMy WebLinkAboutEC15-412 - Change Order - #1 - Bird Busters - Meeker St Underpass Pigeon Control - 01/03/2017 i .40 Records' M, e e ZOOK�NT Document WASHIxaTox 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: Vendor Number: JD Edwards Number Contract Number: o® z This is assigned by City Clerk's Office p Project Name: 1 . Description: ❑ Interlocal Agreement hange Order ❑ Amendment ❑ Contract ❑ Other: Contract Effective Date: 5 Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or.amendment Contract Manager: a ¢ w -Department: Detail: (i.e. address, location, parcel number, tax id, etc.): e I I�, S:Publlc\RecordsManagement\Forms\ContactCOVer\adcc7832 1 11/08 KENT CHANGE ORDER NO. 1 NAME OF CONTRACTOR: Bird Busters ("Contractor") CONTRACT NAME & PROJECT NUMBER: Meeker Street Underpass Pigeon Control ORIGINAL CONTRACT DATE: 12 31 15 This Change Order amends the above-referenced contract; all other provisions of the contract that are not inconsistent with this Change Order shall remain in effect. For valuable consideration and by mutual consent of the parties, the project contract is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, Contractor shall provide all labor, materials, and equipment necessary to: Opt 1 Initiate an aggressive live trapping program to reduce the current population of pigeons. $2,200.00 + tax. Opt 2 Install bird spikes to underside of bridge concrete I-beams and remaining conduit to prevent pegeons from roosting. $8.50 + tax per foot. Both options are detailed in attached scope of work. Change order 1 will not change the original contracted amount which Includes tax, it will just extend the time through 12/29/17. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are hereby modified as follows: Original Contract Sum, $44,700.00^ (including applicable alternates and WSST) Net Change by Previous Change Orders $0.00 (Intl, applicable WSST) Current Contract Amount $44,700.00 (Intl. Previous Change Orders) Current Change Order $0.00 Applicable WSST Tax on this Change $included intotnl Order Revised Contract Sum $0.00 CHANGE ORDER - 1 OF 3 APPROVED AS TO FORM: (applicable If Mayor's signature required) Kent Law Department I II i CHANGE ORDER - 3 OF 3 Certified installers of Fly-,tyre Tit,bird control products 13609 NE 1261s PI #120, Kirkland, WA. 98034 r. 6 1- 800-820-1980 FAX: (425) 821-5672 Service Address: Bill To: Meeker Street Underpass CITY OF KENT Meeker Street & Hwy 167 overpass 400 West Gowe Kent, WA 98032 Kent, WA 98032 Attn: Matt Gilbert Main 253-856-5454 Direct 263.866.6436 ma1Ibert0KentWA.nov Subject: Meeker Street Underpass Pigeon Control Thank you for allowing BirdBusferrs the opportunity to provide your property with the finest quality bird control program available. We feel after inspecting your property that the following program will meet your expectations! SCOPE OF WORK Option 1: Initiate an aggressive live trapping program to reduce the current population of pigeons that are roosting/nesting under the bridge. Traps to be serviced based on the guidelines detailed below. Option 2: Install bird spikes to underside of bridge concrete I-beams and remaining conduit to prevent pigeons from roosting on lower bridge flange beams and conduit. Bird spikes will be installed with construction grade adhesive so that no penetrations will be needed. Option 2 does not include any costs for traffic control, City of Kent to assume the responsibility of traffic control while spikes are installed if needed. Estimated totals. Spikes over sidewalks 1000 feet Spikes up embankments 2760 feet Total for both COST OF SERVICE: Option 1: $2,200.00 + tax Option 2: $8.50 + tax per foot ACCEPTANCE OF PROPOSAL: The prices, specifications and conditions are satisfactory and hereby accepted. Accepted by: Date Company Representative: Chris Cook Date 11/28/2016 Please sign and return one copy to our office. Thanks ail I t Yr i 3{ wY i w } 4 k Y ,. Red line here shows where spikes will be installed on the outside edge of the bridge & up the embankments. a � a I s?P x* € Yellow lines show where the spikes will be installed for over the sidewalks. Y� I We will require access into the a# 5 fenced area while work is being done. a �• "Cdl�y Y��p s Special Note: *Access to fenced area will be necessary *Option 2 is based on traffic control being done by City of Kent (if needed). More specifics on how spikes and trapping is estimated. Spikes to be used will be made from FlyBye Bird Control Products. Architects specifications for the spikes can be found at www.flybye.com Trapping: Traps will be placed above the sidewalk situated on plywood placed on flange beams similar to where the spikes will be installed. Setting the traps on a small sheet of plywood will allow the birds to find the bait and enter the traps. When the trapping program is complete we will remove the traps and replace the removed bird spikes with new spikes. Traps will be checked as needed up to twice a week until the end of the year. Picture illustrates a typical live trap used for pigeon removal. i j i it EXHIBIT INSURANCE REQUIREMENTS CONSTRUCTION AND SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. 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 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor'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 Contractor 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, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. I EXHIBIT B Cont. 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 Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. TE 1 A� CERTIFICATE OF LIABILITY INSURANCE DA1/(3/2017 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 CONTACT Peg Shipley NAME PLC Insurance, LLC a�N e E.A. (425)275-0565 WC No: (425)712-3786 4211 Alderwood Mall Blvd, #210 AODRIESs peg oplcins.com INSURERS AFFORDING COVERAGE NAICIf Lynnwood WA 98036 INSURERANorth Pacific Insurance Company 23892 INSURED INSURERS: D&S Specialty Products, Inc. INSURER C: dba: BirdBuster's INSURER D: 13609 NE 126th Pl #120 INSURER E: j Kirkland WA 98034 INSURER F: COVERAGES CERTIFICATE NUMBER:16-17 GL/AU/DM 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. ILTR ADDLL,SUBR POLICY EFF POLICY EXFi - __- TYPE OF INSURANCE POLICY NUMBER MMIDD MWDDIYYY`f LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE __ 5 1,000,000 A CLAIMS-MADE OCCUR DAMAGE RENTED _ - 100,000 PREMISES Ea occurrence) $ C16157420 6/24/2016 6/24/2017 MED EXP(Any one person) $ 51000 PERSONAL S ADV INJURY 5 11000,000 GEN'L AGGREGATE LIMIT APPUESPER: GENERAL AGGREGATE $ 2,000,000 POLICY D JECT LGD PRODUCTS-COMPIOP AGG $ 2,000,000 OTHER' $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 11000,000 Es accitlent A X ANY AUTO BODILYINJURY(Per pereon) $ ALL OWNED i�SCHE0ULE0 C16157420 fi/24/2016 6/29/2017 BODILY INJURY(Peraccitlenl) $ .AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE S AUTOS Per accident $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 3,000,000I! A EXCESS LIAB CLAIMS-MADE AGGREGATE $ _ 3,000,_000 '.. LED RETENTION5 C16157420 6/24/2016 6/24/2017 $ WORKERS COMPENSATION I PER X OT H- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETORIPARTNEWEXECUTIVE ❑ NIA WA STOP GAP ONLY E.L.EACH ACCIDENT _ $ 11000,000 OFFiCEA (Mandatory in NH)AEMSER C16157420 C16157420 6/24/2016 6/24/2017 E.L.DISEASE-EA EMPLOYE $ 11000,000 Ifyes,describe under --- _-- 0 SCRIPTION OF OPERATIONS balm E.L.DISEASE-POLICY LIMIT 1 $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACO RD 101,Additional Remarks Schedule,may be attached If more space Is required) City of Kent is included as Additional Insured when required by written contract or agreement per form CG8416 1203 (Primary & Non-Contributory, Waiver of Subrogation and Per Project Aggregate applies) . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 4 th Ave S ACCORDANCE WITH THE POLICY PROVISIONS. Kent, WA 98032 AUTHORIZED REPRESENTATIVE Brendon Nepon/PEGS �--- — ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025 onl4an i COMMERCIAL GENERAL LIABILITY CG 84 1612 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY MASTER PAK PLUS® FOR CONSTRUCTION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE BLANKET ADDITIONAL INSURED(OWNERS, LESSEES, CONTRACTORS OR LESSORS) 2 FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT 3 NON-OWNED WATERCRAFT 4 SUPPLEMENTARY PAYMENTS (BAIL BONDS) 4 PERSONAL AND ADVERTISING INJURY -ELECTRONIC PUBLICATION EXTENSION 5 AGGREGATE LIMITS(PER LOCATION) 5 AGGREGATE LIMITS (PER PROJECT) 5 VOLUNTARY PROPERTY DAMAGE COVERAGE 6 OFF PREMISES CARE,CUSTODY OR CONTROL COVERAGE 6 NEWLY FORMED OR ACQUIRED ORGANIZATIONS 7 DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 BODILY INJURY(MENTAL ANGUISH) 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS 8 MEDICAL PAYMENTS 8 BROAD NAMED INSURED 8 BROADENED MOBILE EQUIPMENT 8 INCIDENTAL MALPRACTICE LIABILITY 8 NON-OWNED AIRCRAFT 9 PROPERTY DAMAGE- ELEVATORS 9 Includes copyrighted material of ISO Properties, Inc., with its permission. CG 8416 12 03 ISO Properties, Inc., 2003 Page 1 of 9 1. BLANKET ADDITIONAL INSURED (Owners, Lessees, Contractors or Lessors) (Includes a Primary/Non-Contributory provision) Who Is An Insured -Section 11 is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy in a written contract or written agreement. The written contract or written agreement must be currently in effect or becoming effective during the term of this policy and executed prior to the "bodily injury,""property damage"or"personal and advertising injury." The insurance provided the additional insured is limited as follows: A. The person or organization is only an additional insured with respect to liability: 1. Arising out of real property, as described in a written contract or written agreement, that you own, rent, lease or occupy; or 2. Caused in whole or in part by your ongoing operations performed for that insured. The insurance provided the additional insured in 1.A.2. above does not apply to: a. Coverage A- Bodily Injury and Property Damage Liability, Coverage B-Personal and Advertising Injury Liability or defense coverage under the Supplementary Payments arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily injury"or"property damage"occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)were performed by or on behalf of the additional insured(s) at the site where the covered operations have been completed; or (2) That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. B. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of Insurance as stated in the Declarations of this policy and defined in Section III - Limits Of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. C. The insurance provided the additional insured does not apply to the liability resulting from the sole negligence of the additional insured. Includes copyrighted material of ISO Properties, Inc.,with its permission. CG 84 16 12 03 ISO Properties, Inc., 2003 Page 2 of 9 D. As respects the coverage provided to the additional insured under this endorsement, Section IV-Conditions is amended as follows: 1. The fallowing is added to Condition 2. Duties In The Event Of Occurrence, Offense,Claim, or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense, that may result in a claim or"suit" under this insurance to us; I b. Tender the defense and indemnity of any claim or"suit" to all insurers whom also have insurance available to the additional insured; and C. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. 2. The following is added to Condition 3. Legal Action Against Us: We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or"suit"from the additional insured. 3. The following is added to Paragraph a., Primary Insurance of Condition 4. Other Insurance: If the additional insured's policy has an Other Insurance provision making its policy excess, and a Named Insured has agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. 4. The following is added to Paragraph b., Excess Insurance of Condition 4. Other Insurance: Except as provided in Paragraph 4.a. Primary Insurance as amended above, any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis. In the event an additional insured has other coverage available for an "occurrence" by virtue of also being an additional insured on other policies, this insurance is excess over those other policies. 2. FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If Damage To Premises Rented To You under Coverage A is not otherwise excluded from this policy, the following applies: A. The last paragraph of 2. Exclusions of Section I -Coverage A is replaced by the following: If Damage To Premises Rented To You is not otherwise excluded, Exclusions c.through n. do not apply to damage by fire, lightning, "explosion" or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits Of Insurance. Includes copyrighted material of ISO Properties, Inc., with its permission. CG 8416 12 03 ISO Properties, Inc., 2003 Page 3 of 9 B. Paragraph 6.of Section III- Limits Of Insurance is replaced by the following: 6. Subject to 5.above, the higher of$300,000 or the Damage To Premises Rented To You Limit shown in the Summary of Limits and Charges section of this policy is the most we will pay under Coverage A for damages because of"property damage"to premises rented to you or temporarily occupied by you with the permission of the owner arising out of any one fire, lightning, "explosion"or sprinkler leakage incident. C. Paragraph b.(1)(b)of Condition 4.Other Insurance(Section IV—Conditions) is replaced by the following: (1) That is Fire, Lightning, Explosion or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner; i D. Paragraph 9.a. of the definition of"insured contract' in Section V-Definitions is replaced by the following: 9. 'Insured contract' means: a. A contract for the lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damages by fire, lightning, "explosion"or sprinkler leakage to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract` E. The following definition is added to Section V- Definitions: "Explosion" means a sudden release of expanding pressure accompanied by a noise, a bursting forth of material and evidence of the scattering of debris to locations further than would have resulted by gravity alone. "Explosion" does not include any of the following: 1. Artificially generated electrical current including electrical arcing that disturbs electrical devices, appliances or wires; I 2. Rupture or bursting of water pipes; 3. Explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control; or 4. Rupture or bursting caused by centrifugal force. 3. NON-OWNED WATERCRAFT Subparagraph g.(2)of Paragraph 2., Exclusions of Section I -Coverage A is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; 4. SUPPLEMENTARY PAYMENTS In the Supplementary Payments -Coverages A and B provision: The limit for the cost of bail bonds in Paragraph 1.b. is changed from $250 to$1000. Includes copyrighted material of ISO Properties, Inc., with its permission. CG 84 16 12 03 ISO Properties, Inc., 2003 Page 4 of 9 5. PERSONAL AND ADVERTISING INJURY- ELECTRONIC PUBLICATION EXTENSION Paragraphs 14.b., d. and e. of Section V-Definitions are replaced by the following: b. Malicious prosecution or abuse of process; d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; The following is added to Paragraph 14. "Personal and Advertising Injury" of Section V- Definitions: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) An insured; or (b) Any"executive officer"director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured. Subparagraphs b. and c. of 2., Exclusions of Section I -Coverage B -Personal And Advertising Injury Liability are replaced by the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury"arising out of oral, written, televised, videotaped or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity; C. Material Published Prior To Policy Period "Personal and advertising injury"arising out of oral, written, televised, videotaped or electronic publication of material whose first publication took place before the beginning of the policy period; 6. AGGREGATE LIMITS OF INSURANCE(PER LOCATION) The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your"locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 7. AGGREGATE LIMITS OF INSURANCE (PER PROJECT) The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your projects away from premises owned by or rented to you. Includes copyrighted material of ISO Properties, Inc., with its permission. CG 84 16 12 03 ISO Properties, Inc., 2003 Page 5 of 9 i i I 8. VOLUNTARY PROPERTY DAMAGE COVERAGE At your request, we will pay for"loss"to property of others caused by your business operations. The most we will pay for this coverage is $500 each 'occurrence." The"loss" must occur during the policy period. The 'occurrence" must take place in the "coverage territory". "Loss" means unintended damage or destruction. "Loss"does not mean disappearance, abstraction or theft. This coverage does not apply to: 1. Damage arising out of the use of any"auto' 2. Property you own, occupy, rent or lease from others; or 3. Property on your premises for sale, service, repair or storage. i None of the other policy exclusions apply to this coverage. If the policy to which this endorsement is attached is written with a property damage liability deductible, the deductible shall apply to Voluntary Property Damage. The limit of coverage stated above shall not be reduced by the amount of this deductible. 9. OFF PREMISES CARE,CUSTODY OR CONTROL COVERAGE A. We will pay those sums that you become legally obligated to pay as damages because of"property damage"to personal property of others while in your or your"employees"care, custody or control or real property of others over which you or your"employees"are exercising physical control if the"property damage"arises out of your business operations. This Coverage is subject to sections B.,C., D. and E. below. B. Exclusions This insurance shall not apply to: 1. 'Property damage"of property at premises owned, rented, leased, operated or used by you; 2. 'Property damage"of property while in transit; 3. The cost of repairing or replacing: (a) Any of your work defectively or incorrectly done by you or by others on your behalf; or (b) Any product manufactured, sold or supplied by you, unless the"property damage"is caused directly by you after delivery of the product or completion of the work and resulting from a subsequent undertaking; or 4. 'Property damage" of property caused by or arising out of the "products-completed operations hazard". C. Limits Of Insurance-The most we will pay for"property damage" under this Section 9. is$25,000 for each "occurrence". The most we will pay for the sum of all damages covered under this Section 9. because of "property damage"is an annual aggregate limit of$25,000. The Limits Of Insurance provided under this Section 9. are inclusive of and not in addition to any other limits provided in the policy or endorsements attached to it. D. Deductible -We will not pay for"property damage" in any one"occurrence" until the amount of"property damage"exceeds $250. If the policy to which this endorsement is attached contains a"property damage" deductible, that deductible shall apply if it is greater than $250. E. In the event of"property damage"covered by this endorsement, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. Includes copyrighted material of ISO Properties, Inc., with its permission. CG 84 16 12 03 ISO Properties, Inc., 2003 Page 6 of 9 10. NEWLY FORMED OR ACQUIRED ORGANIZATIONS A. Paragraph 4. of Section II -Who Is An Insured is deleted and replaced by the following: 4. Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However: a. Coverage under this provision applies only until the expiration of the policy period in which the entity was acquired or incorporated or organized by you. b. Coverage A does not apply to"bodily injury"or"property damage"that occurred before the entity was acquired or incorporated or organized by you. C. Coverage B does not apply to"personal and advertising injury" arising out of an offense committed before the entity was acquired or incorporated or organized by you. d. Records and descriptions of operations must be maintained by the first Named Insured. B. This Section 10.does not apply to newly formed or acquired organizations if coverage is excluded either by provisions of the Coverage Part or by other endorsement(s)attached to it. 11. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE,CLAIM OR SUIT A. The requirements in Section IV-Conditions, Paragraph 2.a.,that you must see to it that we are notified of an "occurrence"applies only when the"occurrence" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager, if you are a limited liability company; 4. An executive officer or designee, if you are a corporation; 6. A trustee, if you are a trust; or 6. A designee, if you are any other type of organization. B. The requirements in Section IV-Conditions Paragraph 2.b. that you must see to it that we receive written notice of a claim or"suit"will not be considered breached unless the breach occurs after such claim or"suit" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager if you are a limited liability company; 4. An executive officer or designee, if you are a corporation; S. A trustee, if you are a trust; or 6. A designee, if you are any other type of organization. Knowledge of an"occurrence,"claim or"suit" by the agent, servant or"employee"of any insured shall not in itself constitute knowledge of the insured unless an officer or designee shall have received notice from its agent, servant or "employee". Includes copyrighted material of ISO Properties, Inc., with its permission. CG 84 16 12 03 ISO Properties, Inc., 2003 Page 7 of 9 12. BODILY INJURY Paragraph 3. of the definition of"bodily injury"in the Section V-Definitions is replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. 13. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement. 14. MEDICAL PAYMENTS If Coverage C Medical Payments is not otherwise excluded, the Medical Expense Limit provided by this policy shall be the greater of: A. $10,000; or B. The amount shown in the Declarations. 15. BROAD NAMED INSURED Paragraph 2.a.(1)(d) of Section II -Who Is An Insured is replaced by the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to nurses, emergency medical technicians or paramedics who are employed by you to provide medical or paramedical services to your employees. 16. BROADENED MOBILE EQUIPMENT Paragraph 12.f.(1)of Section V-Definitions is replaced bythe following: (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning provided that vehicles have a Gross Vehicle Weight of 1,000 pounds or greater; 17. INCIDENTAL MALPRACTICE LIABILITY Paragraph 3. of Section V-Definitions is replaced by the following: 3. 'Bodily injury"means bodily injury, sickness, disease or"incidental medical malpractice" sustained by a person, including mental anguish or death resulting from any of these at any time. The following is added to Section V- Definitions: 23. "Incidental medical malpractice" means injury arising out of the negligent rendering or failure to render medical or paramedical services to persons by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services to your employees, provided you are not engaged in the business or occupation of providing any services referred to in this definition. Includes copyrighted material of ISO Properties, Inc.,with its permission. CG 84 1612 03 ISO Properties, Inc., 2003 Page 8 of 9 18. NON-OWNED AIRCRAFT The following is added to Subparagraph g.of 2., Exclusions of Section I -Coverage A Bodily Injury And Property Damage Liability: (6) An aircraft with a paid crew, that is hired, chartered or loaned but is not owned by any insured. 19. PROPERTY DAMAGE -ELEVATORS The following is added to Subparagraph j. of 2., Exclusions of Section I -Coverage A Bodily Injury And Property Damage Liability: Paragraphs (3) and (4)of this exclusion do not apply to damages that result from the use of elevators. All other terms and conditions of your policy remain unchanged. III il i Includes copyrighted material of ISO Properties, Inc., with its permission. CG 8416 12 03 ISO Properties, Inc., 2003 Page 9 of 9 Gilbert, Matthew Eile Actions -Query Eermits band Project jnsp -QofO Request Window Help ❑ X I Application I Fee Cale I Fee Pmt I Address f Applicant I_quanti I Issue I! Checklist ® LDC 2160064 IBUSLICENSE Prop r"'y`J 21DEC 15 Dev. Applicant ,Q Applicant- Home Ph:I w Representative: Work Phl Position/Title: Extension: Address Line 1: Fas: Address Line 2: Type: .. City/Stater— Zip: SSN: E-mail identifiers__ '.. Contact Contacl:BIRD BUSTERS - - Home Pk.�=' Representalive: Work Ph:425 820 8496 Position/Title: Exlensiorc Address Line 1:18609NE 126TH PE SUITE 120 Fax: " Address Line 2: FA— Typol City/State: IRKLAND FA Zip:98004 Ridhdale:l � E-mart: Copy Applicant From: Applmanq owner Professioltal 11 i 1 I ❑ II Eile Actions Query Permits Land Project Insp C of C Request Window Help -- _ ❑ X Application I Fee Calc I Fee Pmt_.I Address I._Applicant I, quantity I: Issue I Checklist I „• ® Permit Type: LOC B:2160064 Project BUSLICEN_SE Date:121.DEG2015 ' APN 0000000000 NO ADDRESS - Target Decision -Nodes- X Activity Description As_sgd To End Date Decision By Date �B-e—gEf, �nd CDintL I r BSSUE . Issue New Business License COST NEC•2015 DONE CDEN '' 21-DEG2015 n ^l2 ry r F-- _ r r r - r ! r l� I r � - - F F-r -- _ DepC FINA Dw:1 � Comment' 13609 NE 726TN PL SUITE 120 425 820-8496 0'All Activities Slal:DONE Dur Type:I" KIRKIAND,WA 98034 C Only Available1- Permit Signoff Activity Paint I _ l�,d Activity_ I Aszign Activities Matt Gilbert, AICP Current Planning Manager Planning Services I Economic&Community Development 400 West Gowe, Kent, WA 98032 Main 253-856-5454 I Direct 253-856-5435 moilbert@KentWA.ODV CITY OF KENT, WASHINGTON KentWA.gov Faceboolc :,:= YouTrlbe PL, &'[F CONSMER THE MMOMh1FWT BNORC VilXHIM(i THIS F-P9AR ICI ! 2 Washington State Department al : . Labor & Industries _ Washington State Department of Labor & Industries Intent Details for Intent ld: 739649 Document Received Date: Intent Id: Affidavit Id: Status:Submitted On 12/30/2015 12/30/2015 739649 Company Details BIRDBUSTERS UBI#: 601839141 13609 NE 126TH PL#150 Reg#: BIRDB*"OOODC KIRKLAND,WA 98034 E-mail:deborah@willardspestcontrol.com 425-820-8496 Industrial Insurance Accountld: 55072004 Filed By Wilder, Deborah Prime Contractor Company Name BIRDBUSTERS Contractor Registration No. BIRDB"OOODC WA UBI Number 601839141 Phone Number 425-820-8496 Project Information Awarding Agency KENT,CITY OF 220-4TH AVE 5 KENT,WA-98032-5895 Awarding Agency Contact Matt Gilbert Awarding Agency Contact Phone Number 253-856-5454 Contract Number Project Name Meeker Street/WA 167 bridge 'i Bid due date 12/29/2015 Award Date 12/29/2015 Project Site Address or Directions Intent Details Does your company Intend to hire subcontractors to No perform all work? Does your company intend to hire any No subcontractors? Will your company have employees perform work on Yes this project? Do you Intend to use any apprentices?(apprentices No are considered employees.) Will this project utlllze American Recovery and No Reinvestment Act(ARRA)funds? Specifically,will this project utilize any No weatherization or energy efficiency upgrade funds (ARRA or otherwlse)? 0 How many owner/operators performing work on the project own 30%or more of the company? What Is the estimated contract amount?Or Is this a $46,756.50 ':... time and materials estimate? Expected project start date:(MM-oo-rrvv) I/1/2016 in what county(or counties)will the project be done? King In what city(or nearest city)will the project be done? Kent journey Level Wages County Trade Occupation Wage Fringe # Workers King i Fence Erectors Fence Erector I$15.18 I 13 C'3 SA."VJI- is Existing Motcs �Nr rlbn6'eXi983 /_, IlYi01$1n{]9;:1 ofifl Y(4 iP ;S4ie^ ��..OF f'�(�it'a 1 d])+ Pp(;:P CSHOYn1i39P9rUQ l�1 } LJiGp. AN./p CeSS �I d 1/dii116 County Trade Job Classification Wage Holiday Overtime Notes King Fence Erectors Fence Erector $15.18 1 I it WAC 296-127-01328: Fence erectors and fence laborers. Page 1 of 1 WAC 296-127-01328 Fence erectors and fence laborers. For the purpose of the Washington state public works law, chapter 39.12 RCW, fence erectors and fence laborers erect and repair metal and wooden fences and fence gates around industrial establishments (schools, playgrounds, etc.), residences, farms and along highways using power tools and hand tools. The work of the fence erectors includes, but is not limited to: (1) Fence erector. • Lays out fence line, using tape measure, and marks for portholes. • Digs portholes with mechanical posthole digger or power-driven auger. •Aligns posts, using line or by sighting along edges of posts. • Verifies vertical alignment of posts with plumb bob or spirit level. •Attaches fence-rail support to post, using hammer and pliers. • Cuts metal tubing, using pipe cutter, and inserts tubing through rail support. • Completes top fence rail of metal fence by connecting tube sections, using metal sleeves. • Attaches rails or tension wire along bottoms of posts to form fencing frame. • May weld metal parts together, using portable gas welding equipment. • Stretches wire, wire mesh, barbed wire, or chain link fencing between posts and attaches fencing to frame. •Assembles gate and fastens in position, using hand tools. • Saws required length of lumber to make rails for wooden fence. • Nails top and bottom rails to fence posts, or inserts them in slots on posts. • Nails pointed slats to rails to construct picket fence. • Erects alternate panel, basket weave, and louvered fences. (2) Fence laborer. In addition to assisting the fence erector in the performance of the tasks described above, the work of the fence laborer includes, but is not limited to: • Digs holes for posts with spade or posthole digger. • Blasts rock formations with dynamite to facilitate digging of holes. • Sets metal or wooden posts in upright position in holes. • Mixes concrete by hand or by use of a cement mixer. • Pours concrete around base of posts or tamps soil into holes to embed posts. •All the cleanup required in connection with the erection of fences. [Statutory Authority: Chapter 39.12 RCW, RCW 43.22.270 and 43.22.051. WSR 00-15-077, § 296-127-01328, filed 7/19100, effective 7/19/00.] httiD://apps.leq.wa.gov/WAC/default.aspx?cite=296-127-01328 12/31/2015 * OLD REPLBLIC PERFORMANCE AND PAYMENT BOND Bond Nc, YFB215880D KNOW ALL MEN BY THESE PRESENTS. That D&S Specialty Products, Inc.dba BirdBusters as Principal,and Old Republic Surety Company as Surety,are held and firmly bound unto City of Kent as Obligee,In the full and just sun of Forty Six Thousand Seven Hundred Fifty Six&50I100-------------- Dollars(s 46,756.60 ), lawful money of the United Slates,to the payment of which sum,well antl truly to be made,the Principal and Surely bind themselves,their and each of theirhelre,executors.administrators,successors and assigns,jointly and severally,firmly by these presenis. WHEREAS,The Principal has entered Into a written contract dated December.31,2015 with the Obligea for Install bird netting to underside of Bridge to prevent pigeon from roos8nglnesting. Treatment area to Include the sidewalk to the upper embankment only. which contract Is hereby referred to and made a pad hereof as fully and to the same extent as If copied at length herein. Now,Therefore,The Condition Of This Obligation Is Such, that If the Principal shell faithfully perform said contract according to Its farms,covenants and conditions and shall promptly pay all persons supplying labor or material to the Principal for use In the prosecution of the work under said contract,then this obligation shall be void;otherwise It shah remain In full force and effect. Subject to the named Obligee's priority,all persons who have supplied labor or material directly to the Principal for use In the pro Becullon of the work undersold contract shell have a direct Fight of adlon under this bond. The Suretys aggregate liability hereunder shall In fro event exceed the amount set forth above, No claim,suit or action shall be brought hereunder after the expiration of one(1)year foyowing the date of which Principal ceased work on said contract.If this limitation Is made void by any law controlling the construction hereof,such llmitallon shall be deemed to be amended to equal the minfmum period of Ilmilation pemdhed by such law. Signed,sealed and dated this 31st day of December pg 15 1 D&S Specialty Products,inc,dba BlydBusler (Baal) � Ilnos9l By (rim) Old Republic Surety Company \ � t Sandra Stewart, A1lomaydn-Foci cast 22na fsaap