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HomeMy WebLinkAboutPD17-099 - Original - North Star Construction and Environmental, LLC - Range Maintenance - 02/23/2017 Recu , ds MEN �Wsl'9HIWO'TOW J� ` 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. It you have questions, please contact City Clerk®s Office.. Vender Name: North Star Construction anid Environmental, LLC Fender umber: 544105 JCS Edwards Number Contract Number: P0 171 —C1 This is assigned by City Clerk's Office Project Name: Range Maintenance Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment x❑ Contract El Other: Contract Effective ate: Feb 10, 2017 Termination ate: Feb 10, 2020 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment ContractManager: Christopher SpragueDepartment: Police ContractAmount: Up to $15,000 per usage Approval Authority: ❑ Department Director XD Mayor ❑ city council Detail: (i.e.. address, location, parcel number, tax id, etc.): Police firing range located at 24523 116 Ave SE, Kent Wa. 98030 As of: 08/27/14 KENT GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE between the City of Kent and North Star Construction and Environmental, LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and North Star Construction and Environmental, LLC organized under the laws of the State of Washington, located and doing business at 420 142 St. S.E. Everett, WA 98208, (425) 787- 6271, through contact Kurt Schonewald (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: Perform cleaning of lead contaminated areas and replacement of necessary filters at the Kent Police and Fire Training Center every 3-6 months (depending on range useage), and in accordance with the January 11, 2017, scope of work attached and incorporated as Exhibit A. Cleaning services will be scheduled by Rangemaster Christopher Sprague or Assistant Rangemaster Ian Warmington. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and immediately begin to provide the above-referenced all goods, materials, and services. Work shall continue at those regular intervals mutually agreed upon by the parties over a three year period, which period shall expire at 11:59 p.m. on February 10, 2020. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $15,000, inlcuding Washington State Sales Tax, for each service event contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Net 45 days following receipt of a proper and complete invoice. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, GOODS &SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 1 (Over$20,000.00, including WSST) materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. PREVAILING WAGES. Vendor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Vendor shall pay prevailing wages in effect on the date the bid is accepted or executed by Vendor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. V. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. VI. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VII. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's GOODS &SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 2 (Over$20,000.00, including WSST) costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. GOODS &SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 3 (Over$20,000.00, Including WSST) D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Fallow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor GOODS &SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 4 (Over$20,000.00, including WSST) shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this GOODS &SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 5 (Over$20,000.00, including WSST) ip Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in thiis Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Req_qLtled. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code, K. Counterparts and Signatures- by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was, received in person, IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. ---------- ..................... . ......................... VENDOR: CITY OF KENT, By 1A.77 : 4mz;-- - (signature) (signature) me:_PrintA � F, P� t Na e: Suzette Cooke--..-.-- Its S ts or Mawr (title) DATE: 2- DATE- ... ..................................... ............. .............. ............ ...... ......... NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF NEWT: Kurt Schonewald Christopher Sprague North Star Construction; and Environmental, LLC City of Kent 420 142 St. S»E. 220 Fourth Avenue, South Everett, Wa. 98208 Kent, WA 98032 (425) 787-6271(telephone) (facsimile) (253) 856-5857 (telephone) ---—- ___------------------------- 856-6330 (facsimile)..., ............ .. .............. ................ ...... APPROVED AS TO 0 MN:KVe w Department... . ........ GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 6 (Over$20,000.00, including WSST) DECLARATION CITY OF CENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. 1 have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement 1, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: �O AA- eotqr,-rrzu!;mot.1 j &ViR-oA1M64T-tU— Title: 1 _ 4 S;1 1>6-m'l Date: -2-�(A,ell-7 EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of �opTw L�np, Cbmsr. Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as (;7VU &4 (n[-7 Cj_c'-fitV W fi — that was entered into on the 4-13 It 7 (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: &,r4,S7-. 7> Title: 6&G 5; 1 D T_ Date: -,?Lt3 417 EEO COMPLIANCE DOCUMENTS - 3 of 3 NORTH SO'TAR CONSTRUCTION &ENV]RONMENTAL 1.1-C January 11, 2017 City of Kent Police Department 220 Fourth Ave. South Kent, WA 98032 Attention- Christopher Sprague RE: Gun Range Lead Ciean-up Thank you for the opportunity to provide pricing for the above referenced project. The scope of work proposed includes wet wiping and/or HEPA vacuuming horizontal surfaces in the shooting range, hallways, control room armory and store room. Cleaning includes all horizontal surfaces (floors, countertops, overhead range storage surfaces, range rails and supports, control heads and HVAC diffusers). Our proposal is based upon our understanding of the work and is subject to the qualifications, exclusions, terms and conditions listed below. Our bid for cleaning of lead contaminated areas is $7,985. Our bid to add cleaning the fan room is $1,990. Our bid to add for replacing the HEPA main filters and pre-filters is $985. Qualifications/Exclusions: • Washington State Sales Tax is excluded. • Performance and Payment Bonds are excluded. • Power, water and sanitary sewer to be provided at no cost to North Star. • Proposal is based upon straight time work, day shift, Mondays through Fridays. No overtime or premium pay is included in our proposal. • We have included one mobilization only. • Disposal of lead contaminated debris is excluded. • Proposal includes contractor required air monitoring, and daily logs which will be submitted upon completion of the project. Let me know if you have any questions or concerns. We look forward to working with you in the future. Sincerely, Ym4w1aII& Kurt Schonewald Estimator/Project Manager 420 142nd St. SE Everett, WA 98208 Phone (2,06) 999-1287 EXHIBIT B INSURANCE REQUIREMENTS FOR FIRING RANGE WORK 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 Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $1,000,000 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 $1,000,000 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 1185. 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 1185 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section. 2. 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Contractor's Pollution Liability insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: EXHIBIT B (Continued) 1. Commercial General Liability insurance shall be written with minimum limits of$1,000,000 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 $1,000,000 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. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 3. Contractor's Pollution Liabilit insurance shall be written in an amount of at least $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Coverage may be written on a claims-made basis. C. Other Insurance Provisions i 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. EXHIBIT B (Continues!) 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. 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. NORTSTA-04 ROCHOA A`CORU CERTIFICATE OF LIABILITY INSURANCE DA1116/2D1YYYY) 916/2016 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(les)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 endorsements. PRODUCER CONTACT NAME: Hub International Northwest LLC PHONE FAX 12100 NE 195th St. IAIC,No,E.Kt):(426)489-4600 iac,evo):(426)486-8489 Suite 200 EMAIL Bothell,WA 98011 ARDRESS:now.info@hubinternational.com INSURER(S)AFFORDING COVERAGE NAIC# i INSURER A:Colony Insurance Company 39993 INSURED INSURER 0:Mutual of Enumclaw Insurance Company 1.14761 North Star Const.&Env.,Inc. INSURER C: 420 142nd Street SE INSURER D: Everett,WA 98208 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR--- - - ADDL SUBR '" - LTR TYPE OF INSURANCE IN D WV POLICY NUMBER {MM lDD POLICY EFF WYYI (M POLICY EJ(P MIDDlYYYY1 LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S_ 1,000,000 CLAIMS-MADE X OCCUR X X EPK303888 09/17/2015 0911712017 DAMAGE TO RENTED ' PREMISES(Eaaccwrence) S 60,00 X Per Proj/Per Loc M£D EXP(Any one person) 5 $100 PERSONAL dADVINJURY S 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICY X JER&- LOC PRODUCTS-CO MP!_OPAGG S 2,000,000 _ OTHER, _ S AUTOMOBILE LIABILITY l aaBIN 01)I L LIMIT S 1,000,000 B I X ANY AUTO X X CPP0021121 09117/2016 0911712017 BODILY INJURY(Per person) 5 -. .... . .....--,. .. ALL OWNED .X SCHEDULED AUTOS AUTOS BODILY INJURY(Per acrudent) S X HIREDAUTOS X AUT SWNED PROPERTY nl)AMAGE - - ---5 - _ S UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE, X X AGGREGATE S DIED RETENTION$ $ WORKERS COMPENSATION -' p TH_ AND EMPLOYERS'LIABIUTY YIN STATUTE X ER A ANY PROPRIETO"ARTNERIEXECUTIVE f -} EPK303888 09/1712016 0911712017 E.L.EACHACODENT $ 1,000,000 N/A OFFICERIMEMBEREXCLUOEDI - - -. (Mandatory in NH)If res.describe utWer E.L.DISEASE-EA EMPLOYEE $ 1,000,00 .. _.._.. .. . DESCRIPTION OF OPERATIONS Delow _ E.L.DISEASE•POLICY LIMIT S 1,000,000 A POLLUTION EPK303888 09117/2015 09/17/2017 OCC:$1 M/AGG:$2M DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached Ir moro space Is required) RE:ANY&ALL OPERATIONS OF THE NAMED INSURED. ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT:THE CITY OF KENT.COVERAGE IS PRIMARY&NON-CONTRIBUTORY.PER PROJECT AGGREGATE,WAIVER OF SUBROGATION AND COMPLETED OPERATIONS APPLY.SEE ATTACHED ENDORSEMENTS. 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 FOURTH AVE.SOUTH ACCORDANCE WITH THE POLICY PROVISIONS. KENT,WA 98032 A�UTHOOR�aE,D�REPRESENTATIVE ! A Fr I— ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26(2014/01) The ACORD name and logo are registered marks of ACORD PC LIC"Y #1 PK303888 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART _ SCHEDULE Name Of Additional Insured Person(s) or Organization{s}: w_... -� Where Required By Written Contract SECTION III -WHO IS AN INSURED within the Common Policy Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely as respects ''claims" caused in whole or in part, by "your work" for that insured by you, or by those acting on your behalf. This insurance shall be primary and non-contributory, but only in the event of a named insured's sole negligence. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EV200-1012 Page 1 of 1 POLICY :;EI'K303888 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDED WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART CLEANUP COSTS —YOUR LOCATION COVERAGE PART SCHEDULE Name Of Person (s)or Organization( Where Required B _. y Written Contract s , Information required to complete this Schedule if not shown above, will be shown in the Declarations J SECTION VI — COMMON CONDITIONS, 17. Transfer Of Rights Of Recovery Against Others To Us within the Common Policy Provisions is amended by the addition of the following Solely as respects the pei-son(s) or organization(s) indicated in the Schedule shown above, we waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for"damages' arising out of your ongoing operations or your work" performed under a written contract with that person(s) or organization(s) and included in the "products-completed operations hazard". However, this waiver shall not apply to `damages' resulting from the sole negligence of the person(s) or organizations) indicated in the Schedule shown above. ALL OTHER TERMS AND CONDITIONS OF -THE POLICY REMAIN UNCHANGED. EV152-0609 Page 1 of 1 I)OLIC:Y #1 ?K303888 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART _ SCHEDULE Designated Construction ProTect(s): AS RI QUIRFI) 13Y WRITTEN CONTRACT Inforrnalion required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becornes legally obligated to pay as damages caused by"occurrences" under Section I .-- Insuring Agreement A, and for all medical expenses caused by accidents under Section I — Insuring Agreement C, which can be attributed only to ongoing operations at a singlEr designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction projecl, and that limit is equal to the amount of the Policy Aggregate Lunit shown in the Declarations. 2, The Designated Construction Project General Aggregate Limit is the most we will pay for the sure of all damages under Insuring Agreement A,except damages because of"bodily injury"or"property damage"included in the"products-completed operations hazard", and for medical expenses under Insuring Agreement 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 made under Insuring Agreement A for damages or tinder Insuring Agreement C for medical expenses shall reduce the Designated Construction Project General Aggregate Lrmil for that designated construction project. Such payments shall not reduce the Policy Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Lin­,it for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply.However, instead of being subject to the Policy Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit, B. For all sun-is which the insured becomes legally obligated to pay as damages caused by"occurrences" under Section I — Insuring Agreement A, and for all medical expenses caused by accidents under Section I - Insuring Agreement C. which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made tinder Insuring Agreement A for damages or under Insuring Agreement Cfor medical expenses shall reduce the amount available under the Policy Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project C3eneral Aggregate Limit. EV294.0913 Includes copyrighted material of ISO Properties, Inc., Page 1 of 2 wi(h its permission. 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 "products- completed operations hazard"will reduce the Products-completed Operations Aggregate Limit, and not reduce the Policy Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed,or abandoned and then restarted,br 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 provisions of Section IV—Limits of Insurance and Deductible of the Common Policy Provisions not olhemvise modified by this endorsement shall continuw to apply as stipulated. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EV294-0913 Includes copyrighted material of ISO Properties, Inc., Page 2 of 2 with its permission. POLICY 4HPK303888 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or Organization(s), Where Required By Written Contract l SECTION III —WHO IS AN INSURED within the Common Policy Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the SCHEDULE above. but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated in the SCHEDULE above performed for that additional insured and included in the "products-completed operations hazard". ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED, EV238-0212 Page 1 of 1 CPPO021 121 COMMERCIAL AUTO EA 99 11 11 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, SPECIAL BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by thds endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The following changes revise SECTION I - COVERED The coverage that applies is the same as the AUTOS coverage provided for the vehicle being replaced. Paragraph CA, is deleted and replaced with the Physical Damage Coverage is extended to the following: temporary substitute auto for the lesser, of the 1. Trailers following number of days: a. "Trailers' with a load capacity of 2,000 1, The number of days reasonably required to pounds or less designed primarily for travel repair or replace the covered "auto" that is out on public roads,or of service;or b, "Trailers" designed primarily for travel on 2. 30 days. public roads when: The followirg changes revise SECTION li - LIABILITY (1) Pulled by an owned private passenger COVERAGE auto specifically described in Item The following is added to Paragraph AA.: Three of the, Declarations as a covered d, Blanket Additional Insured "auto" for Liability Coverage under this Coverage Form; and Any person or organization that you are required to include as an additional insured (2) Not used for business, farming or on this Coverage Form in a written contract ranching purposes, or agreement that is signed and executed Private passenger auto means a motor by you before the"bodily injuryy'or"property vehicle of the private passenger, station damaae" occurs and that is in effect during wagon, pickup or van type designed for use the policy period is an "insured" for Liability on public highways and subject to motor Coverage, but only for damages to which vehicle registration. this insurance applies. The following is added: A person's or organization's status as an D. Temporary Substitute Autos- Physical Damage additional insured under this endorsement ends when your contract or agreement with If Physica! Damage Coverage is provided by this such person or organization ends. Coverage Form, the following types of vehicles are also covered "autos" for Physical Damage The Lirrits of Insurance applicable to the Coverage: Additional Insured are those specified in the written contract or agreement but not more Any "auto" you do not own while used with the than the Lirrits of Insurance specified in the permission of its owner as a temporary substitute Declarations of this policy. The Limits of for a covered "auto" you own that is out of service Insurance applicable to the Additional because of its: Insured are inclusive of and not in addition 1. Breakdown; to the Limits of insurance shown in the 2. Repair; declarations for the Named Insured. 3. Servicing; This Coverage does not apply to lessors of leased"autos". 4. `Loss"; or 5. Destruction. EA 99 11 11 13 Includes copyrighled material of Inswance Ser,ices Office,Inc.,wih its permission Page 1 of 6 e. Broadened Named Insured This coverage is excess over Any business entity newly acquired or a, any limit shown in the Declarations for formed by you during the policy period towing and labor costs;and provided you own 51% or more of the b, any other collectible insurance. business entity and the business is not separately insured for Business Auto This coverage applies only for an 'auto" Coverage. Coverage is extended up to a covered on this policy for maximum of 180 days following acquisition c. Comprehensive or Specified Causes of or formation of the business entity or until Loss Coverage;and the end of the policy period, whichever e.d. Collision Coverage. comes first. g f. Employee Hired Auto The following is added to Paragraph A.3 An"employee"of yours is an"insured"while Glass Repair—Waiver of Deductible operating an "auto" hired or rented under a No deductible will apply to glass breakage if contract or agreement in that "employee's" such glass is repaired in a manner acceptable name, with your permission, while to us rather than replaced. performing duties related to the conduct of Paragraph A.4.a. is deleted and replaced with the your business. following: Paragraphs A.2.a.(2) and A.2.a.(4) are deleted and 4. Coverage Extensions replaced with the following: a. Limited Rental Reimbursement or Travel 2. Coverage Extensions Expense a. Supplementary Payments We will pay up to $75 per day to a (2) Up to $5.000 for cost of bail bonds maximum of S2,250 for rental (including bonds for related traffic law reimbursement expenses for the rental of violations) required because of an an "auto" or other transportation expense `accident" we cover. We do not have to incurred by you because of "loss" to a furnish these bonds, covered "auto" which is covered by Comprehensive, Specified Causes of foss, (4) All reasonable expenses incurred by the "insured" at our request, including or Collision coverage under tnis policy. No actual loss of earnings up to$500 a day deductible applies to this coverage. because of time of from work. (1) We will pay only for those expenses Paragraph B.5.is deleted and replaced with the incurred as a result of a covered "loss" following: occurring during the policy period beginning 24 hours after the"loss" and 5. Fellow Employee ending, regardless of the policy's "Bodily Injury" to any fellow "employee" of the expiration, with the lesser of the "insured" arising out of and in the course of the following number of days: fellow "employee's" employment or while (a) The number of days reasonably performing duties related to :he conduct of your required to repair or replace the business. This exclusion does not apply to an covered "auto". If "foss" is caused "insured"who occupies a position as an officer, by theft, this number of days is manager or supervisor. added to the number of days it The following changes revise SECTION Ill—PHYSICAL takes to locate the covered "auto" DAMAGE COVERAGE and return it to you;or This coverage applies only for a covered "auto" for (b) 30 days. which Physical Damage Coverage is provided for on (2) Our payment under this Coverage this policy. Extension (4.a.) is limited to the lesser Paragraph A,2. is deleted and replaced with the of the necessary and actual expenses following: incurred or the maximum amount A. COVERAGE shown,$2,250. (3) Coverage under this Coverage 2. Towing Extension (4.a.) does not apply while We will pay tip to $200 for a covered "auto' for there are spare or reserve "autos" toviling and labor costs incurred each time the available to you for your operations. covered "auto" is disabled. However, the labor must be performed at the place of disablement. EA 99 11 11 13 Includes copyrighted material of Insurance Services Office,Inc..wilt,its permission Page 2 of 6 (4) If a covered "auto" is described or (b) We will pay with respect to a designated as a covered "auto" on covered "auto" described in the endorsement EA 99 01, the coverage Schedule for "loss" to any provided by this extension is excess accessories used with the over coverage provided by electronic equipment described in endorsement EA 99 01_ Paragraph (1)(a) above. However, The following is added to paragraph A.4, this does not include tapes, records c. Tapes, Records and Discs or discs. Wewill pay for "loss" to tapes, records, (2) Exclusions compact discs, or other similar devices The exclusiors that apply to Physical used with audio, visual or data electronic Damage Coverage, except for the devices. exclusion relating to Audio, Visual and Data Electronic Equipment, also apply (1) We will pay only if the tapes, records, to coverage provided by this extension. compact discs,or other similar devices: In addition, the following exclusions (a) Are your property or that of a family apply: member;or We will not pay, under this extension, (b) Are the property of an "employee" for either any electronic equipment or using a covered "auto' in your accessories used with such electronic business affairs at the time of the equipment that is: "loss"; and (a) Necessary for the normal operation (a) Are in a covered "auto" which of the covered "auto" or the sustains other covered "loss"under- monitoring of the covered "auto's" Comprehensive or Collision operating system; or coverage at the time of the"loss"to (b) An integral pail of the same unit tapes, records, compact discs, or housing any sound reproducing other similar devices. equipment designed solely for the (2) The most we will pay for "loss" under reproduction of sound if the sound this Coverage Extensions(4.c.)is$200. reproducing equipment is (3) Physical Damage Coverage provisions permanently installed in the apply to this coverage, except treat any covered"auto"in the opening of the deductible applicable to dash or console normally used by Comprehensive or Collision coverage the manufacturer for the installation does not apply to this Coverage of a radio. Extension(4.c.)_ (3) Limit of Insurance d. Audio, Visual and Data Electronic With respect to coverage under this Equipment extension the Limit of Insurance (1) Coverage, provision of Physical Damage Coverage is replaced by the following; Covered 'auto" described in thea (a) We will pay with respect to (a) The most we will pa for all"Icss"to Schedule for"loss"to any electron audio, visual or data electronicic equipment and any accessories equipment that receives or used with this equipment as a result transmits audio, visual or data of any one "accident' is the lesser signals a•id that is not designed solely for'the reproduction of sound. of. This coverage applies arty if the (i) The actual cash value of the equipment is permanenvy installed damaged or stolen property as in the covered "auto" at the time of of the time of the"loss"; the "loss" or the equipment is (i!) The cost of repairing or removable from a housing unit replacing the damaged or which is permanently installed in stolen property with other the covered"auto'at the tirne of the property of like kind and quality; "loss", and such equipment is or designed to be solely operated by use of the power from the "auto's" (iii)$500- electrical system, in or upon the covered"auto". 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Subject to the above limit, deductible and receipts or other valid evidence. excess provisions, we will provide coverage The following is added to Paragraph A.: equal to the broadest coverage applicable 5. Extra Expense--Broadened Coverage to any covered"auto"you own. If a limit for Hired Auto Physical Damage is We will pay for the direct expense of returning a indicated in. the Declarations, then that limit stolen covered "auto" to you. We will pay only replaces, and is not in addition to, the S50,000 for those covered "autos" for which you carry lirnit indicated above. Comprehensive or Specified Causes of Loss Coverage. This coverage will only apply to The following is added to Paragraph B.3.a,: vehicles recovered inside the 48 contigtlous Airbag Coverage—Accidental Deployment United States. This coverage does not apply to However, this exclusion does not apply to the an "auto"we deem a total"loss". unintended inflation of an airbag if the inflation. 6. Auto Loan/Lease Gap Coverage is caused by mechanical or electrical In the event of a covered total "loss' to a breakdown. covered "auto" described or designated in the The following is added to Paragraph C.2. Schedule or in [tie Declarations, we will pay up New Vehicle Replacement Cost to $2,000 for any unpaid amount due on the lease or loan for a covered"auto" less: If, however, we deem a covered "auto" to be a total a. The Amount paid under the Physical `loss"within 180 days of your purchase of the "auto" Damage Coverage section A.1, cf the and it has not been previously titled under the motor vehicle law of any state,we will pay at your option: policy; and b Any: a. the cost to replace the covered "auto" with a new"auto"of like make, model and year;or (1) Overdue le payments at the b. an amount equal to the original purchase price time of the"loss"; ; you paid to acquire the vehicle, including taxes, (2) Financial penalties imposed tinder a but excluding any extended warranties and lease for excessive use, abnormal wear licensing fees. and tear or high mileage; This coverage applies only to a covered "auto" of (3) Security deposits not returned by the the private passenger, light truck or medium truck Lessor; type(20,000 lbs. or less gross vehicle weight), (4) Costs for extended warranties, Credit The following changes revise SECTION IV — Life Insurance, Health, Accident or BUSINESS AUTO CONDITIONS Disability Insurance purchased with the The following is added to Paragraph A.2.a.: loan or lease; and Amended Duties in the Event of an Accident, {S) Carry-over balances from previous loans or leases. Claim,Lawsuit or Loss 7. Mired Auto Physical Damage Coverage However, this duty is only required when the "accident"is known to: If hired "autos" are covered "autos" for Liability {1) You,if you are an individual; Coverage and if Comprehensive, Specified Causes of toss or Collision Coverages are (2) A partner,if you are a partnership; provided under this coverage form for any (3) A member, if you are a limited liability company; `'auto" you own, then the Physical Damage or Coverages provided are extended to "autos" (4) An executive officer or insurance manager: if you hire of like kind and use, subject to the following: you are a corporation. a. The most we will pay for any one "loss" is The following is added to Paragraph A.: $50,000 or the actual cash value or the cost 6, Rlanket Waiver of Subrogation to repair and replace, whichever is less, We waive any right of recovery we may have minus a deductible; against any person or organization to the extent b. The deductible will be equal to the largest required of you by a written contract executed prior deductible applicable to any owned "auto" to any"accident"because of payments we make for for that coverage; damages under this coverage form, c. Hired Auto Physi--al Damage coverage is excess over any other collectible insurance.- and EA 99 11 11 13 Includes copyrighted material of Insurance Services Office,(nc.,,aith its permission Page 5 of 6 The following is added to Paragraph B.2.: The following changes revise SECTION V - Unintentional Failure to Disclose Hazards DEFINITIONS Any unintentional failure to disclose all exposures or The following is added: hazards existing as of the effective date of the Q. "Camper" means a portable dwelling unit without Business Auto Coverage Form or at any time during axles or wheels that has been manufactured for the policy period will not invalidate or adversely attachment on the bed of a pickup truck to be used affect the coverage for such exposure or hazard. for casual travel or camping. However,you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. Paragraph B.5.b. is deleted and replaced with the following: a. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: {1) Any covered "auto" you lease, hire, rent or borrow;and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's"name, with your permission, while performing duties related to the conduct of your business. However, any"auto" that is leased, hired. rented or borrowed with a driver is not a covered"auto'. The following is added to Paragraph B.S. d. To the extent required by an "insured contract", this insurance is primary on behalf of the additional insured, and any other insurance maintained by the additional insured is excess and not contributory with this insurance. Ir the "insured contract" does not require this provision, then Paragraph a. above will apply. EA 99 11 11 13 includes copyrighted wa lerial of insurance Services price, Inc.,with its permission Page 6 of 6 REQUEST FOR MAYOR'S SIGNATURE KENT Print on Cherry-(;Olored Papet WAZ""NGTQN Routing'I'nformation: (ALL REQUESTS MUST FiIIST BE RbUTE67HROUGH THE LAW DEPARTMENT) Approved by Director_ Originator: Christopher Sprague, Phone (Oiriginator):X5878, gate l'5ent. Feb 17, 2017 Date Required: Return Signed Document to: 3. King Contract Termination Date: Feb 101,20,20 VENDOR NAME: Date Finance Notified: North Star ConstrucLion 'and Environniental, LLC (Only required on contracts �20,000 and over or on any Grant) DATE OF COUNCIL APPROVAL: N/A 'Date Risk Manager Notified:Feb 9 20 17 (Required on Non-City standard coritracts/Agreements) Has this Document, been pecificalli Account Number: LAuthorized in the Budget? 'YES NO Brief Expia�naition of Document., This is an ongoing, routine maintenance contract for specialized firing range work. We use this contractor several times a year for range cleaning, filter changling and maintenance. oft'ramw AM, a"=11% J MI 0% LM"'Ilitre"uSt Be Routed Through TheLaw Department FEB 2 2, 2 0 17 (This area to be connpNeted by Law Ebpart ent) Received: Approval,of Law Dept,: Law,bVj;:NWdnt&kA/ Date ro�'r r: Shaded Areas To Be Completed By'Administration Staff Z �g .......................... ........................ F300Farms ccunjent mm"amp%equem rar mayors ugnaw re,am