Loading...
HomeMy WebLinkAboutPK17-023 - Original - Neptune Marine LLC - Lake Meridian Park Dock Replacement - 01/13/2017 55,�� �x3. i c r s � � KEf4T e r Document W..SHINGTON �V vie F . # It m I 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: Neptune Marine LLC Vendor Number: JD Edwards Number Contract Number: py-I-I - U Z.a This is assigned by City Clerk's Office Project Name: Lake Meridian Park Dock Replacement I Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 1/12/17 Termination Date: 6/11/17 Contract Renewal Notice (Days): 0 Number of days required notice for termination or renewal or amendment Contract Manager: Lynn Osborn/Hope Gibson Department: Parks Planning & Dev. Contract Amount: $822 328 58 Approval Authority: ❑ Department Director ❑Mayor ®City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Public Works Agreement to remove the old existing fishing dock at Lake Meridian Park and replace it with a new one. Division Contract #PPD17-01 adccW10877 814 CONTRACT THIS AGREEMENT, made in duplicate, is entered into between the CITY OF KENT, a Washington municipal corporation ("City"), and Neptune Marine organized under the laws of the State of Washinaton , located and doing business at 1004 Commercial Ave. #250 Anacortes WA 98221 ("Contractor"). WITNESS: In consideration of the terms and conditions contained herein and attached and made a part of this Agreement, the parties agree as follows: 1. The Contractor shall do all work and furnish all tools, materials, and equipment for: Lake Meridian Park Dock Replacement in accordance with and as described in the Contract and shall perform any alterations in or additions to the work provided under the Contract and every part thereof. The Contract shall include all project specifications, provisions, and plans; the City's general and special conditions; the current Standard Specifications for Road, Bridge, and Municipal Construction, as prepared by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association, including all published amendments issued by those organizations, if applicable ("Standard Specifications"); the City's bid documents; and the Contractor's response to the City's bid. The Contractor is responsible to obtain copies of the current WSDOT Standard Specifications including the latest amendments issued by WSDOT as of the date of bid opening. Unless otherwise directed by the City, work shall start within ten (10) days after the City issues its Notice to Proceed and be completed within 150 calendar days. The Contractor shall provide and bear all expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in the Contract and every part thereof, except as mentioned in the specifications to be furnished by the City. 2. The City hereby promises and agrees with the Contractor to employ, and does employ, the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the Contract and the terms and conditions herein contained and hereby contracts to pay for the same according to the Contract and the schedule of unit or itemized prices provided by Contractor in its response to the City's bid, at the time and in the manner and upon the conditions provided for in the Contract. 3. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all covenants herein contained upon the part of the Contractor. 4. It is further provided that no liability shall attach to the City by reason of entering into this contract, except as expressly provided herein. I'- 5. Contractor shall defend, indemnify, and hold the City, its officers, officials, employees, agents, volunteers and assigns 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 performance of this contract, except for injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of Contractor'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 contract 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 Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'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. The provisions of this section shall survive the expiration or termination of this contract. 6. Contractor agrees, upon the City's written demand, to make all books and records available to the City for inspection, review, photocopying, and audit in the event of a contract related dispute, claim, modification, or other contract related action at reasonable times (not to exceed three (3) business days) and at places designated by the City. 7. The Contractor shall procure and maintain, during the term of construction and throughout the specified term of maintenance, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. l 8. Contractor is responsible for locating any underground utilities affected by the work and is deemed to be an excavator for purposes of RCW Ch. 19.122, as amended. Contractor shall be responsible for compliance with RCW Ch. 19.122, including utilization of the "one call" locator service before commencing any excavation activities. 9. Contractor shall fully cover any and all loads of loose construction materials, including but not limited to sand, dirt, gravel, asphalt, excavated materials, construction debris, etc, to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the City. E_ CITY OF KENTT"" SUZETTE COr KE, MAYOR DATE: ATTEST: i} KIMBERLEY A'A KOMOTO, CITY Ct-E�KE APPROVED AS TO FORM: KE T LAW DEPARTMENT CONTRACTOR BY;, - PRINT NAME: -T -mvLs ' rabb TITLE: R:es"a"A ' DATE: DI Awl i EXHIBIT J5 INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS 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. Commercial General Liabilitv insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. 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 Additional Insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. All endorsements adding Additional Insureds shall be issued on form CG 20 10 it 85 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section. 2. Automobile Liabilitv 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. 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. Commercial General Liabilitv insurance shall be written with minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the wo rk. III I- EXHIBIT, (Continued) 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 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: 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. Contractor's Insurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub- subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. G. 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 Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. I: EXHIBIT (Continued) H. 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. III i ® DATE(MM/DOIYYYYI ACCI)R CERTIFICATE OF LIABILITY INSURANCE 11*—�- 1/11/2017 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 have ADDITIONAL INSURED provisions or 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 endorsements . CONTACT PRODUCER NAME, - Brown&Brown of Washington, Inc. PHONE ,206-956-1600 (A(C,NnI 206-956-9600 1501 4th Avenue, Suite 2400 E-MAIL certrequest@bbseattle.com Seattle WA 98101 - - - INSURERS)AFFORDING COVERAGE NAICN _ INSURERA:ATLANTIC SPECIALTY INSURANCE 27154 ', INSURED NEPTU-1 INSURERB:OHIO SECURITY INSURANCE CO. 24082 Neptune Marine, LLC INSURER0:Endurance American Ins. Co ,.. 1004 Commercial Ave 4250 INSURER D Anacortes WA 98221 - - INSURERS _. i INSURER F: COVERAGES CERTIFICATE NUMBER: 1027546624 REVISION NUMBER: j 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. ADO BR - POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WO POLICY NUMBER MMIDD/ YYY MMIDOIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y B5JHB4369 4/18/2016 4/18/2017 EACH OCCURRENCE $1,000,000 DAUXGECLAIMS-MADE LXI OCCUR ?REM SES EaEoccurrence $100,000 _ MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 POLICY E PRI- LOC PRODUCTS-COMPJOPAGG $1,000,000 JECT5 OTHER: COMBINED B AUTOMOBILE LIABILITY Y Y BAS56058087 4/18/2016 4/18/2017 Ea accident SINGLE MT $1,000,000 X ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY AUTOS HIRED I NON-OWNED PROPERTY DAMAGE- S AUTOS ONLY H AUTOS ONLY {Peracoident _ 5 UMBRELLA LAB X OCCUR Y OMXIDD10230400 11/1812016 4118/2017 EACH OCCURRENCE $2,000,000 X EXCESS LIAB CLAIMS MADE AGGREGATE $2,000,000 DDIEDX RETENUON$None $ C IWORKERS COMPENSATION STATUTE OERH _. AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOWPARTNEWEXECUTIVE ❑ E.L.EACH ACCIDENT N 1 A $ OFFIOERIMEMBER EXCLUDED? - (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES IACORD 101,Additional Remarks Schedule,may be attached if more space Is required) RE: Lake Meridian Park Dock Replacement, 14800 SE 272nd Street, Kent,WA i CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City Of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Parks,Recreation&Community Services ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Ave So Kent WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD i Insured: Neptune Marine LLC Policy: B5JH84369 ENDORSEMENTI Effective: 0 4/18/2 016 IMU 0313 0107 AMENDED ! ENDORSEMENT TO SECTION I - COVERAGE PARTS 1, 11 & III ADDITIONAL INSURED AND WAIVER OF SUBROGATION (BLANKET) In consideration of the premium at which this policy is issued, and subject to the terms and conditions of the policy, it is agreed that: 1 . Section V, General Conditions - Paragraph I - Who Is An Insured - of the policy is amended to include any person or organization tha.t . you are obligated by an ?insured contract.? to include as Additional. Insureds, but only with respect to liability arising out of "your work" and only with respect to coverage provided under Section 1 , Coverage Parts T, I1 and III of the policy. 2 , It is further agreed that we waive any right of: recovery we. may have against any such Additional insured because of payments we make for "bodily injury" or "properly damage" ari5i.ng out of "your: work" for that Additional insured, but; only to the extent of your obligation under the ";insured contract" . 3 . Coverage shall be. Primary and Non-Contributory, but only as respect written contract. All other terms and conditions remain unchanged . 3 0 4661778 04/25/2016 LMD CPO, PR 1 . 000 imu 00 10 CMP01 01 01 PRODUCER Insured: Neptune Marine LLC Policy: BSJH84369 ENDORSEMENT 16 Effective: 01/10/17 Effective Jamiatyl0,2017 and in consideration of the premiums charged, it is hereby understood and agreed the following form CG 25 03 03 97 - NP Amended 10. 17 . 16 is added to this policy as respects: CG 25 03 03 97 - NP Amended 10 .27 . 16 Designated Construction Project (s) General Aggregate Limit This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects : Lake Meridian Pane Dock Replacement 14800 SE 272nd Street Kent,\VA (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement . ) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (Section 1) and for all medical expenses cause by accidents under COVERAGE C (Section 1) , which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above : 1 . A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in in the Declarations . 2 . The Designated Construction Project General Aggregate Limit Is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "Bodily Injury" or "property damage" included in the "products-completed operations hazard", and for medical expense under COVERAGE C regardless of the number of; a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits" 3 . Any payments under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the IMU 0010 CMP0401 07 E-INSURED 4- I �I Insured: Neptune Marine LLC Policy: B5JH89369 ENDORSEMENT 16 Effective: 01/10/17 Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4 . The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply, however instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit . B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (Section I) , and for all medical expenses caused by accidents under COVERAGE C (Section I) , which cannot be attributed only to ongoing operations at a single designated construction projects shown in the Schedule above: i i 1 . Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable, and 2 . Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "projects- completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit . D. If the applicable designated construction projects has been abandoned, delayed, or abandoned then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provision of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. F. In the event of cancellation of, or material change in this policy by Insurance Company shall give 30 days this Company, Atlantic Specialty P Y g Y prior written notice of such cancellation or change. All other policy terms & conditions remain unchanged. IMU 00 10 CMP04 0107 III E-INSURED I COMMERCIAL AUTO CA 88 10 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGEINDEX SUBJECT PROVISION NUMBER j�Dpl,[I9NAI,vifaSURED BY OCI,(ITFjAGT, AORE (y) NT pRzPERMIT,' ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 18 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 21 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 22 EXTRA EXPENSE-BROADENED COVERAGE 10 GLASS REPAIR-WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE(including employee hired auto) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 1jA(UER LjP,Tft11NSFEf3 ti F2IGHXS OFRQUFRYpGR)NST OThRIS.�0 Uu� 19 SECTION II -LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE, paragraph A.I. -WHO IS AN INSURED is amended to Include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock o during the policy period. However, "insured" does not include any organization that (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy, Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage Is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services office Inc.,with its Permission. Page 1 of 7 , i. (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, paragraph A.I. -WHO IS AN INSURED is amended to Include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but _ only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE,paragraph A.I. - WHO IS AN INSURED Is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered s "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, of governmental or public authority to this policy as an "insured". However, such person or organization is an "Insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident' which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION It - LIABILITY COVERAGE, Coverage Extensions, 2,a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following`. (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses Incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision Is added: SECTION II - LIABILITY, exclusion B.S. FELLOW EMPLOYEE does not apply if the 'bodily injury" results from the use of a covered "auto" you own or hire. SECTION III -PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, Is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 2 of 7 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss" or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provislons described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $750 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V-DEFINITIONS is amended by adding the following: "Total loss" means a "loss" In which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE,paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled: a. For private passenger type vehicles, we will pay up to $50 per disablement, b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For '9nedium trucks" ,we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 -20,000 pounds. However, the labor must he performed at the place of disablement. 8. PHYSICAL DAMAGE- ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a., Coverage Extension of SECTION III - PHYSICAL DAMAGE COVERAGE, Is amend- ed to provide a limit of $50 per day and a maximum limit of $1,500 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III -PHYSICAL DAMAGE COVERAGE,A.COVERAGE,is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an 'auto" for which we also pay a 'loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which In many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill. e. If 'loss" results from the total theft of a covered "auto" of the private passenger type, we will pay tinder this coverage only that amount of your rental reimbursement expenses which is not F already provided under Paragraph 4. Coverage Extension. g C No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal ® effects" as defined in provision 11, 10. EXTRA EXPENSE-BROADENED COVERAGE Under SECTION III -PHYSICAL DAMAGE COVERAGE,A. COVERAGE,we will pay for the expense of 8 returning astolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: It you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto," The insurance provided tinder this provision is excess over any other collectible insurance. B. SECTION V-DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT s SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for " "loss" relating to mechanical breakdown does not apply to the accidental discharge of an alrbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a, to exclu- slons 4.c. and 4.d. Is deleted and replaced with the following: i I 026101-berty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc„with its Permission. Page 4 of 7 Exclusion 4.c. and Col. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment Is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a$100 deductible. 14. LOAN I LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident' is the greater of the: 1. Balance, due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", In. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e, Final payment due under a"Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, It. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto' that incurred the loss serves as collateral, or lease written on the covered "auto' that incurred the lass. C. SECTION V-DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total lass" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office lnc„with its Permission. Page 5 of 7 15. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. % PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto' of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by o the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage, -- The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations, This provision does not apply to any "loss" If the covered "auto" is In the charge of any person or `a organization engaged in the automobile business. SECTION IV -BUSINESS AUTO CONDITIONS is amended as follows: — 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure, 18. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident", claim, "suit" or "loss', you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: s (1) How, when and where the "accident" or "loss" took place; (2) The "insureds' name and address; and (3) The names and addresses of any injured persons and witnesses. 19, WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. I 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 6 of 7 20. HIRED AUTO COVERAGE TERRITORY SECTION IV- BUSINESS AUTO CONDITIONS, paragraph PIZ., Policy Period, Coverage Territory, is amended by the addition of the following: C For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V-DEFINITIONS is amended as follows: 21. BODILY INJURY REDEFINED Under SECTION V- DEFINTIONS, definition C.is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental Injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 22. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- ton. I c ICI 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 7 of 7 I 5, t?flfcCltf5titartae b. If this policy is issued for more than one a parr; ah obVered, `auto" you ,auviij year, Cov- a age Formh will bmeu computed m for 's annu- mf �e FOTm�pYdvrdas , ", tnsUraYtcy For any covered "auto" ally based on our rates or premiums you' don't' own, the insurance pro- y affect at the beginning of each of the policy. vided by this Coverage Form is ex- cess over any other collectible 7. Policy Period, Coverage Territory insurance. However, while a covered Under this Coverage Form, we cover "ac- "auto" which is a "trailer" Is con- cidents" and "losses" occurring: netted to another vehicle, the Liabil- ity Coverage this Coverage Form a. During the policy period shown In provides for the "trailer" is', the Declarations; and (1) Excess while it is connected to a b. Within the coverage territory. motor vehicle you do not own. The coverage territory is: (2) Primary while It Is connected to a. The United States of America; a covered "auto" YOU own. b. The territories and possessions of b. For Hired Auto Physical Damage the United States of America; Coverage, any covered "auto" you c. Puerto Rice; lease, hire, rent or borrow is deemed to be a covered "auto" you own. d. Canada; and a However, any "auto" that is leased, e. Anywhere in the world if. hired, rented or borrowed with a driver is not a covered "auto". (i) A covered "auto" of the private passenger type is leased, hired, c. Regardless of the provisions of Para- rented or borrowed without a graph a. above, this Coverage Form's driver for a period of 30 days or Liability Coverage is primary for any less; and liability assumed under an "insured contract". (2) The "insured's" responsibility to pay damages is determined in a d. When this Coverage Form and any "suit" on the merits, in the Unit- other Coverage Form or policy cov- ed States of America, the ter- ers on the same basis, either excess ritories and possessions of the or primary, we will pay only our United States of America, Puerto share. Our share is the proportion Rico, or Canada or in a settle- that the Limit of Insurance of our ment we agree to, Coverage Form bears to the total of the limits of all the Coverage Forms We also cover 'loss" to, or "accidents" and policies covering on the some involving, a covered "auto" while being basis. transported between any of these places. 6. Premium Audit 6. Two Or More Coverage Forms Or Poli- cies Issued By Us a. The estimated premium for this Cov- erage Form is based on the expo- If this Coverage Form and any other Cov- sures you told us you would have erage Form or policy issued to you by us when this policy began. We will or any company affiliated with us apply compute the final premium due to the same "accident", the aggregate when we determine your actual ex- maximum Limit of Insurance under all posures. The estimated total premi- the Coverage Forms or policies shall not um will be credited against the final exceed the highest applicable Limit of premium due and the first Named Insurance under any one Coverage Form Insured will be billed for the balance, or policy. This condition does not apply if any. If the estimated total premium to any Coverage Form or policy issued exceeds the final premium due, the by us or an affiliated company specifi- first Named Insured will get a re- tally to apply as excess insurance over fund. this Coverage Form. CA 00 01 03 06 ©ISO Properties, Inc„ 2005 Page 10 of 13 E N DOR- SEMFNT Assured: Neptune Marine, Inc Policy Number: OMX10010230400 Endorsement Endorsement Effective Date: November 18, 2016 Number: N/A 12:01 AM Standard Time at the address of the Assured as shown in the Declarations. i ADDITIONAL ASSUREDS /WAIVER OF SUBROGATION / NOTICE OF CANCELLATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. It is agreed that: These Underwriters name Additional Assureds and waive their rights of subrogation against such Additional Assureds,but: 1. No coverage for the Additional Assured shall be provided under this Policy unless also added as an Additional Assured to the Scheduled Underlying Insurance. 2. The Additional Assured Is included hereon only with respect to such activities insured by this Policy as would exist in the absence of the naming of the Additional Assured. 3. The Additional Assured is included hereon only with respect to activities performed by the Assured on behalf of such Additional Assured. 4. The Additional Assured is included hereon only to the extent the Assured is required to do so by written contract, or to the extent the Assured has actually confirmed Additional Assured status through confirmation of insurance, as evidenced by a Certificate of Insurance. No coverage for the Additional Assured will be valid hereon unless the contract or Certificate of insurance is issued prior to any occurrence which may give rise to a claim for Damages hereunder. 5. The Inclusion of an Additional Assured does not In anyway extend the type of coverage afforded by this policy, nor does it increase the limits of liability under this policy. It is further agreed that: I These underwriters shall follow the Primary Policies as respects to Notice of Cancellation to persons or organizations other than the Assured, however in no event will more than thirty(30)days'notice be required. In the event of cancellation of or any changes to this Policy,these Underwriters shall not be obligated to provide any notice which may be required herein to any Additional Assured. Date of Issuance:December 13,2016 Endurance American insurance Company Page 4 of 11 ENDORSEMENT Named Assured: Neptune Marine, Inc. Policy Number: OMX10010230400 Endorsement Endorsement Effective Date: November 18,2016 Number: 2 (12:01 AM Standard Time at the address of the Named Assured as shown in the Declarations) Primary and Non-Contributory Insurance It Is understood and agreed that when required by a written contract, this policy shall be the principal coverage as respects the liabilities of the Named Assured and any other insurance carried by an Additional Assured shall not be contributory as respects the liabilities of the Named Assured, nor shall the Additional Assured be responsible for any premium hereunder. I This endorsement does not change any other provision of the Policy. The title and any headings in this endorsement are solely for convenience and do not affect its meaning. Date of Issuance:December 16,2016 Policy Form:OMB 0201 Endurance American Insurance Company Page loft Endorsement Form:OMB 07031119 REQUEST FOR MAYORIS SIGNATURE Print on ih;si-r; %oio,•ed °aper €T Routing In€ormatiom (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) { tJ Approved by DiMetbr"v'L"� � Originator: Lynn Osborn for Hope Gibson Phone (Originator):'X5111 Date Sent: 1/12/17 Date Required: 1/12/17 Return Signed Document to: Contract Termination Date:Lynn Osborn6f 11f 17 VENDOR NAME: Date Finance Notified: i (Only required on contracts 1 1 7 Neptune Marine LLC 20 000 and over car on an Grant DATE OF COUNCIL APPROVAL: j Date Risk Manager dotifie 1/3✓ 17 (Required on Non-CityStandard Gorotracts fi reenients Has this Document been Specifically Account Number: P21020 Authorized iii. 3� OW ,�YES ONO Brief Explanation of Document: This is a Public Works Agreement with Neptune Marine, in the amount of$822,328.58, to remove the existing floating fishing/swimming dock at Lake Meridian Park and replace it with a new dock. The project was awarded through a public bidding process, with bids received on December 14, 2016. This vendor submitted the lowest responsible and responsive bid'. City council accepted thei bid and authorized this contract on January 3, 12017. A Notice to Proceed will be issued immediately upon full execution of this contract, with substantial completion of the work expected to be June 11, 2017. This project is funded by the Lake',Meridian' Dock capital budget and by state grant funds from the Recreation and Conservation Office. t t-All 69 r� ots lust Be Routed Through The Law Department .�.a i k (This area to be completed by the taw Department)t Received? Approval of Law Dept,: Law, t .G errt : a Shaded Areas To Be Completed By Administration Staff Received:; Recom, niendations and Comments: . " r l- x , Date R rn d Ca," rmrFw,rc?4-�oywtwren KTW CITYOLERK S1 f ^✓ v< `t E ¢' T Agenda Item: Bids - 9A 1VAS IIINGTGN TO: City Council DATE: January 3, 2017 SUBJECT: Lake Meridian Dock Replacement Project - Award MOTION: Award the Lake Meridian Dock Replacement Project to Neptune Marine in the amount of $750,985.00 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Parks Director. SUMMARY: Lake Meridian dock, one of the park system's most popular amenities, is at the end of its useful life. Parks staff hired engineering firm Reid Middleton to provide design and technical specifications for the new dock, which will be built within the existing dock's footprint. The city was recently awarded grant funds of $1 million from the Washington Recreation and Conservation Office to augment the costs associated with building a new dock. The project was advertised in November and December, with the bid opening on December 14. The lowest responsive and responsible bidder is Neptune Marine at $750,985.00. Including Washington State Sales Tax of $71,343.58, the total contract amount will be $822,328.58. i The Engineer's estimate for this project was $1.4 million. The bids deviated from the Engineer's estimate for a number of reasons, including a very conservative cost estimate, a very good bid climate, and a low bidder who had recently completed a similar job and had a very good grasp of his costs. In addition, the three lowest bids were within 4 percent of each other, which is a very good indication that the bid documents were clear and that bidders understood them. We have analyzed the bids and recommend the contract be awarded to the low bidder. EXHIBITS: Memo dated January 3, 2017, Sample contract RECOMMENDED BY: Parks, Recreation and Community Services Director YEA: N/A NAY: N/A BUDGET IMPACTS: Revenue and expense impacts to the Lake Meridian Dock capital budget.