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HomeMy WebLinkAboutPW17-166 - Original - All Battery Sales & Service, Inc - Contract - 04/17/17 0 R%oz-:%: c0---- rds ram KEN . WAGHI N GTO N Document 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: All Battery Sales & Service, Inc. Vendor Number: JD Edwards Number Contract Number: ? K-A This is assigned by City Clerk's Office Project Dame: Recycling Events Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment E Contract ❑ Other; Contract Effective Gate: 4/17/17 Termination Date: 10/31/17 Contract Renewal Notice (Gays):: Dumber of days required notice for termination or renewal or amendment Contract Manager: Gina Hungerford Department: Engineering Contract Amount: $3,000.00 Approval. Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel nur° Wt' ,, etc.): Provide battery recycling services at three Recycling Events As of: 08/27/14 KENT Wwe,+i r+oron GOODS & SERVICES AGREEMENT between the City of Kent and All Battery Sales and Service, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and All Battery Sales and Service, Inc. organized under the laws of the State of Washington, located and doing business at 727 134th St. SW, Everett, WA 98204, Phone: (425) 743-7677, Contact: Jack Bradbury (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: The Vendor shall provide battery recycling services for three City of Kent Recycling Events. For a description, see the Vendor's Scope of Work which is attached as Exhibit A and incorporated by this reference. 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 provide all goods, materials, and services by October 31, 2017. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Three Thousand Dollars ($3,000.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Vendor shall be paid per recycling event after submittal of 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. GOODS & SERVICES AGREEMENT - 1 ($20,000 or Less, inci. WSST) 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, 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. 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. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment 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 an amendment is necessary, Vendor must submit a written amendment 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 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 amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an GOODS &SERVICES AGREEMENT - 2 ($20,000 or Less, including WSST) amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended 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 an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment 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. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, 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. 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 Follow 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 GOODS & SERVICES AGREEMENT - 3 ($20,000 or Less, including WSST) City any written or oral order (including directions, instructions, interpretations, and determination). VIII. 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. IX. 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. X. 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. XI. 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 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. GOODS & SERVICES AGREEMENT - 4 ($20,000 or Less, including WSST) XII. 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. XIII. 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. XIV. 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 XI 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 Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The 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. GOODS & SERVICES AGREEMENT - 5 ($20,000 or Less, including WSST) 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 Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the 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 Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. 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: By: 7�j (signature) (signature) Print Name: ��t' 1�-- `13Q �'U2-'� Print Name: Michael Mactutis, P.E. Its: Pf--r,- -1.iNc rno S)Ag.l zTo(L Its: Environmental Engineering Manager — f (titl ) DATE: 1.1 (a 1 �1 DATE: r j 7 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Jack Bradbury Timothy J. LaPorte, P.E. All Battery Sales and Service, Inc. City of Kent 727 134th St. SW 220 Fourth Avenue South Everett, WA 98204 Kent, WA 98032 (425) 743-7677 (telephone) (253) 856-5500 (telephone) (425) 742-1739 (facsimile) (253) 856-6500 (facsimile) All Battery Sales&Sery-Recycling Events 3/Hungerford GOODS & SERVICES AGREEMENT - 6 ($20,000 or Less, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfil the five requirements referenced above. By: For: Title: U C21 (A,�NG r0QV-bj0 LZaa Date: !i 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 Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT CO Battery Recycling Scapa of Work for Kent Recycling Events 2017 All Battery Sales and :Service will provide battery recycling for municipal recycling events including the following: a 1 trained staff member a 1 transport van a All collection buckets, bins, pallets, containment kit,eyewash station,first aid and fire extinguisher. Recycle event charges areas follows: o Staff/truck (LSE) = $180�,00 for day a Alkaline battery recycling= $0.50/lb a Automotive cares are credited @ $4.00 each (or$4.00 per 35.9 pounds average care weight) Scope of work includes setting up a collection station for batteries that includes a covered canopy area with eyewash station. Staff member is trained to greet the public professionally and with courtesy,collect batteries and salt as time permits on site. Site to be left as staff found it. The amount of recycling, including staff, for all 3 events will not exceed $3,000.00 total. 727 134"' Street Ste` Everett, Washington 98204 Pli: 425 743 7677FAX: 425 742 1739 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. AC" ® DA �. CERTIFICATE OF LIABILITY INSURANCE 03/08/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER C NTACT NA E. Parker,Smith&Feek,Inc, PHONE He,Ext)w 425-709-3600 FAX Ne;425-709-7460 2233 112th Avenue NE E-MAIL Bellevue,WA 98004 ADDRESS: INSURERS AFFORDING COVERAGE NAIC p INSURER A: Continental Western Insurance Company INSURED INSURER B: All Battery Sales and Service 727 134th Street SW INSURER C: Everett,WA 98204 INSURER D: 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. ILTR ADDL UB POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY MMIDDIYYYY A GENERAL LIABILITY CPA602611620 11/1/2016 11/1/2017 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 1,000,000 x COMMERCIAL GENERAL LIABILITY X PREMISES Ea occurrence) $ CLAIMS-MADE FX7 OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,000 POLICY PRO FXI LOC $ A AUTOMOBILE LIABILITY CPA602611620 11/1/2016 11/1/2017 CO aBINEDtSINGLE LIMIT 1,000,000 X ANY AUTO X BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS r cci ent UMBRELLA LIAR h OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ A WORKERS COMPENSATION CPA602611620 WC STATU• x OTH- AND EMPLOYERS LIABILITY Y 1 N 11/112016 111112017 ER ANY PROPRIETORIPARTNERIEXECUTIVE "WA STOP GAP E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED' Fy I NIA 1,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe 1,000,000under E.L.DISEASE-POLiCY LIMIT S 1'0�0'�� DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) City of Kent is an additional insured on the general liability and automobile policies and coverage is primary and non-contributory on the general liability policy per the attached endorsements/forms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Engineering Administration ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Department 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent,WA 98032 C 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 1 of 7 ALLBATTE(VEM00) Policy No. CPA602611620 COMMERCIAL AUTO CL CA 01 49 02 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE EXPANSION ENDORSEMENT - PLATINUM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. A. NEWLY ACQUIRED OR FORMED ORGANIZA- "property damage": because of the conduct TIONS of an "insured" under Paragraphs a. or b. The following is added to Paragraph A.1. Who Is under Paragraph A.1. Who Is An Insured of An Insured of Section II - Covered Autos Liability Section II - Covered Autos Liability Cover- Coverage: age, caused by an "accident" and resulting from the ownership, maintenance or use of a Any organization you newly acquire or form, oth- covered "auto`; er than a partnership, joint venture or limited lia- 2. The written contract or agreement described bility company or any organization excluded ei- above must have been executed prior to the ther by this Coverage Part or by endorsement, "accident" that caused the "bodily injury" or and over which you maintain ownership or ma- "property damage" and be in effect at the jority interest of more than 50 percent will qualify time of such "accident"; as a Named Insured. However: 1. This insurance does not apply to any newly 3. The insurance afforded to any such addition- acquired or formed organization that is an al "insured" does not apply to any "accident" "insured" under any other automobile policy beyond the period of time required by the or would be an "insured" under such policy written contract or agreement described but for its termination or the exhaustion of its above; Limit of Insurance. 4. The most we will pay on behalf of such addi- 2. Coverage does not apply to "bodily injury" or tional "insured(s)" is the lesser of: "property damage" that occurred before you a. The Limits of Insurance specified in the acquired or formed the organization. written contract or agreement described 3. Coverage under this provision is afforded on- above; or ly until the 180th day after you acquire or b. The Limits of Insurance shown in the form the organization or the end of the policy Declarations. period,whichever is earlier. This provision shall not increase the Limit of B. ADDITIONAL INSURED BY CONTRACT OR Insurance shown in the Declarations in this AGREEMENT policy or coverage part; and The following is added to Paragraph A.1., Who Is 5. The following changes are made to Para- An Insured of Section II - Covered Autos Liability graph 5. Other Insurance of B. General Con- Coverage: ditions under Section IV - Business Auto When you have agreed in a written contract or Conditions: agreement to include a person or organization as a. The following is added to Paragraph 5.a.: an additional "insured", such person or organiza- If required by the written contract or tion is included as an "insured" subject to the fol- agreement described above, the insur- lowing: ance afforded to the additional insured 1. Such person or organization is an additional under this provision will be primary to, "insured" only to the extent such person or and will not seek contribution from, the organization is liable for "bodily injury" or additional insured's own insurance. CL CA 01 49 02 15 Includes copyrighted material of Insurance Services Page 1 of 5 Office, Inc., with its permission 2 of 7 ALLBATTE(VEM00) Policy No. CPA602611620 b. Paragraph 5.c. is deleted in its entirety. 1. The Limits of Insurance are increased to $75 6. Paragraph A.1.c. under Section II - Covered per day to a maximum of$2,500. Autos Liability Coverage is deleted in its en- 2. We will also pay reasonable and necessary tirety. expenses to facilitate the return of the stolen 7. The definition of "insured contract" under "auto"to you. Section V-Definitions is amended to add the 3. It is agreed and understood and it is our stat- following: ed intent that expenses incurred by you un- An "insured contract" does not include that der the Transportation Expenses Coverage part of any contract or agreement: Extension will not also be covered or paid under the Rental Reimbursement Coverage That pertains to the ownership, maintenance provided by this endorsement or any rental or use of an "auto" and which indemnifies a reimbursement coverage added by separate person or organization for other than the vi- endorsement to this policy. carious liability of such person or organiza- tion for "bodily injury" or "property damage" H. EXTENDED COVERAGE-AIRBAGS caused by your operation or use of a covered The following is added to Exclusion B.3.a. of "auto". Section III - Physical Damage Coverage: However, a person or organization is an ad- However, this exclusion does not apply to the un- ditional "insured" under this provision only to intended discharge of an airbag. the extent such person or organization is not ed as an "insured" by separate en- This coverage is excess over any other collecti- nam namement to this policy. ble insurance or warranty providing such airbag dorscoverage. C. EMPLOYEES AS INSUREDS I. AUTO LOAN/LEASE GAP COVERAGE The following is added to Paragraph A.I. Who Is The following is added to Section III - Physical An Insured Section II - Covered Autos Liability Damage Coverage, Paragraph C. Limits of Insur- Coverage: ance. Any "employee" of yours is an "insured" while 4. In the event of a total "loss"to a covered "au- using a covered "auto"you don't own, hire or bor- to", we will pay any unpaid amount due on row in your business or your personal affairs. the lease or loan for a covered "auto", less: D. INCREASED COVERAGE-BAIL BONDS a. The amount under the Physical Damage The Supplementary Payments Coverage Exten- Coverage section of the policy; and sion of Section II - Covered Autos Liability Cov- b. Any: erage is amended as follows: The Limit of Insurance in paragraph A.2.a.(2) is (1) Overdue lease/loan payments at the increased to$5,000. time of the"loss'; E. INCREASED COVERAGE - LOSS OF EARN- (2) Financial penalties imposed under a INGS lease for excessive use, abnormal wear and tear or high mileage; The Supplementary Payments Coverage Exten- (3) Security deposits not returned by the sion of Section II - Covered Autos Liability Cov- lessor; erage is amended as follows: The Limit of Insurance in paragraph A.2.a.(4) is {4) Costs for extended warranties, Credit increased to $1,000. Life Insurance, Health, Accident or Disability Insurance purchased with F. FELLOW EMPLOYEE COVERAGE the loan or lease;and The Fellow Employee Exclusion contained in (5) Carry-over balances from previous Section II - Covered Autos Liability Coverage loans or leases. does not apply. This coverage is excess over J. GLASS REPAIR-NO DEDUCTIBLE any other collectable insurance. G. COVERAGE EXTENSION - TRANSPORTA- The following is added to Paragraph D. Deducti- TION EXPENSES ble of Section III - Physical Damage Coverage: Paragraph AA.a. Transportation Expenses of Any Comprehensive Coverage deductible shown Section III -Physical Damage Coverage is in the Declarations does not apply to "loss" to amended as follows: glass when you elect to patch or repair rather than replace the glass. Page 2 of 5 Includes copyrighted material of Insurance Services CL CA 0149 02 15 Office, Inc.,with its permission 3 of 7 ALLBATTE(VEM00) Policy No. CPA602611620 K. INCREASED COVERAGE - ELECTRONIC O. HIRED AUTO PHYSICAL DAMAGE COVER- EQUIPMENT AGE The $1,000 limit indicated in Paragraph CA.b. The following is added to Paragraph A.4. Cover- under Section III - Physical Damage Coverage is age Extensions of Section III - Physical Damage increased to $2,500. Coverage: L. EXTENDED COVERAGE - PERSONAL PROP- If hired "autos" are covered "autos" for Covered ERTY Autos Liability Coverage and if Physical Damage The following is added to Paragraph A.4. Cover- Coverage is provided for any "auto" you own, age Extensions of Section III - Physical Damage then the Physical Damage coverages provided are extended to "autos" you lease, rent, hire or Coverage: borrow from someone other than your "employ- Physical Damage Coverage on a covered "auto" ees", partners or members of their households may be extended to "loss"to your personal prop- subject to the following: erty or, if you are an individual, the personal 1. The most we will pay in any one "loss" is the property of a family member, that is in the cov- lesser of: ered "auto" at the time of"loss" and caused by an "accident" and resulting from the ownership, a. The actual cash value of the "auto"; maintenance or use of a covered "auto". b. The cost to repair or replace the "auto' The insurance provided by this coverage exten- or sion is excess over any other collectible insur- ance. The most we will pay for any one "loss" $100,000. under this coverage extension is$500. However, 2. Paragraph 1. above is subject to a deducti- our payment for "loss" to personal property will ble. The deductible shall be equal to the only be for the account of the owner of the prop- amount of the highest deductible shown for erty. any owned "auto" of the same classification Under this provision, personal property does not for that coverage. In the event there is no include and we will not pay for"loss" of currency, owned "auto" of the same classification, the coins, securities or contraband. highest deductible for any owned auto will apply for that coverage. No deductible applies to this coverage extension. No deductible will apply to "loss" caused by M. TOWING fire or lightning. Paragraph A.2. Towing of Section III - Physical 3. Hired Auto Physical Damage Coverage is Damage Coverage, is replaced by the following: subject to the following: If a private passenger type "auto" or light truck a. If symbol 8 is shown in the Covered Auto "auto" (0-10,000 Lbs. GVW) is provided both section of the Declarations page for any Comprehensive and Collision Coverage, we will of the Physical Damage coverages, then pay up to $150 for towing and labor costs in- the Hired Auto Physical Damage cover- curred each time such "auto" is disabled. If a age described in this endorsement does medium, heavy or extra-heavy truck or extra- not apply. heavy Truck-tractor "auto" (greater than 10,000 b. Other than indicated in Paragraphs a. di- Lbs. GVW) is provided both Comprehensive and rectly above, coverage provided under Collision Coverage, we will pay up to $250 for this provision will be excess over any towing and labor costs incurred each time such other collectible insurance or coverage. "auto" is disabled. However, the labor must be g performed at the place of disablement. 4. In addition to the limit set forth in Paragraph N. FIRE EXTINGUISHER RECHARGE 1. above we will pay up to $500 per day, to a maximum of$3,500 per"loss"for: The following is added to Paragraph A.4. Cover- a. Any costs or fees associated with the age Extensions of Section IV- Physical Damage "loss"to a hired "auto"; and Coverage: When fire extinguishers are kept in your covered b. Loss of use of the hired "auto", provided "auto" and any are discharged in an attempt to it is the consequence of an "accident"for extinguish a fire, we will pay the lesser of the ac- which you are legally liable, and as a re- tual cost of recharging or replacing such fire ex- sult of which a monetary loss is sus- tinguisher(s). tained by the leasing or rental concern. No deductible applies to this coverage However, Paragraph A.4.b. Loss of Use Expens- es under Section III - Physical Damage Coverage CL CA 0149 02 15 Includes copyrighted material of Insurance Services Page 3 of 5 Office, Inc.,with its permission 4 of 7 ALLBATTE(VEM00) . . Policy No. CPA602611620 of the Business Auto Coverage Form does not (2) Your partners or members, if you are apply. designated in the Declarations as a P. RENTAL REIMBURSEMENT COVERAGE partnership or joint venture; We will pay for rental reimbursement expenses (3) Your members or managers, if you incurred by you for the rental of an "auto" be- are designated in the Declarations as cause of"loss"to a covered "auto". a limited liability company; 1. Payment applies in addition to the otherwise (4) Your executive officers if you are applicable amount of each coverage you designated in the Declarations as an have on the covered "auto". organization other than an individual, partnership, joint venture or limited 2. No deductible applies to this coverage. liability company; and 3. We will pay only for those expenses incurred (5) The spouse of any person named in during the policy period beginning 24 hours Paragraphs 1.a.(1). through 1.a.(4) after the "loss" and ending, regardless of the while a resident of the same house- expiration date of the policy, with the lesser hold; of the following number of days: Except: a. The number of days when the covered (a) Any "auto" owned by that indi- vidual has been repaired or replaced, or or by any member of b. 45 days. his or her household. 4. Our payment is limited to the lesser of the fol- (b) Any "auto" used by that individu- lowing amounts: al or his or her spouse while a. Necessary and actual expenses incurred; working in a business of selling, servicing, repairing or parking or "autos". b. Not more than$75 for any one day; 2, Changes In Auto Medical Payments And 5. We will pay up to an additional $300 for the Uninsured And Underinsured Motorists reasonable and necessary expenses you in- Coverages cur to remove your materials and equipment The following is added to Who Is An In- from the covered "auto" and replace such sured: materials and equipment on the rental"auto". 6. This coverage does not apply while there are Any individual named in 1.a above and his or her family members are insured while spare or reserve autos available to you for "occupying"or while a pedestrian when being your operations. struck by any"auto"you don't own except: 7. If "loss" results from the total theft of a cov- Any"auto" owned by that individual or by any ered auto of the private passenger type", "family member". we will pay under this coverage only that amount of your rental reimbursement ex- 3. Changes In Physical Damage Coverage penses which is not already provided for un- Any private passenger type "auto" you don't der the Physical Damage Coverage Exten- own, hire or borrow is a covered "auto"while sion of the Business Auto Coverage Form or in the care, custody or control of any individ- any endorsements thereto ual named in O.1.a. above or his or her However, this provision does not apply to the spouse while a resident of the same house- extent that rental reimbursement is provided hold except: by separate endorsement to this policy. a. Any "auto"owned by that individual or by Q. DRIVE OTHER CAR COVERAGE any member of his or her household; or 1. The following is added to Section II - Cov- b. Any "auto" used by that individual or his ered Autos Liability Coverage: or her spouse while working in a busi- a. Any "auto" you don't own, hire or borrow ness of selling, servicing, repairing or is a covered "auto" for Liability Coverage parking "autos". while being used by: 4. The most we will pay for the total of all dam- (1) You, if you are designated in the ages under Covered Autos Liability Unin- Declarations as an individual; sured Motorists Coverage and Underinsured Motorists Coverage is the Limit Of Insurance Page 4 of 5 Includes copyrighted material of Insurance Services CL CA 0149 0215 Office, Inc., with its permission 5 of 7 ALLBATTE(VEM00) 'Policy No. CPA602611620 shown in the Declarations as applicable to 3. At our request you must provide us with a copy of owned "autos". the aforementioned written contract or agree- s. Our obligation to pay for, repair, return or re- ment. place damaged or stolen property under T. UNINTENTIONAL OMISSIONS Physical Damage Coverage, will be reduced The following is added Paragraph B.2.of Section by a deductible equal to the amount of the IV- Business Auto Conditions: highest deductible shown for any owned pri- vate passenger type "auto" applicable to that If you fail to disclose any hazards existing at the coverage. If there are no owned private pas- inception date of this policy, such failure will not senger type "autos", the deductible shall be prejudice the coverage provided to you. Howev- $250 for Comprehensive Coverage and $500 er, this provision does not affect our right to col- for Collision Coverage. No deductible will lect additional premium or exercise our right of apply to"loss"caused by fire or lightning. cancellation or nonrenewal. 6. Additional Definition U. LIBERALIZATION As used in this DRIVE OTHER CAR Provi- If we revise this endorsement to provide greater sion: coverage without additional premium charge, we "Family member" means a person related to will automatically provide the additional coverage the individual named in 1.a. by blood, mar- to all endorsement holders as of the day the revi- riage or adoption who is a resident of the in- sion is effective in your state. dividual's household, including a ward or fos- ter child. R. KNOWLEDGE OF AN ACCIDENT, CLAIM, SUIT OR LOSS The following is added to Paragraph A.2. of Sec- tion IV-Business Auto Conditions: Your obligation to provide prompt notice of an "accident", claim, "suit"or"loss"is satisfied if you or a person designated by you to be responsible for insurance matters is notified of, or in any manner made aware of an "accident", claim, "suit" or "loss" and provides us such notice as soon as practicable S. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT The following is added to Paragraph AX of Sec- tion IV-Business Auto Conditions: We waive any right of recovery we may have against a person or organization because of payments we make for"bodily injury" or"property damage"when you and such person or organiza- tion have agreed in writing in a contract or agreement to waive such right of recovery, pro- vided: 1. Such written contract or agreement was: a. Made prior to the "accident" or"loss" resulting in the covered "bodily injury" or "property damage"; and b. Was in effect at the time of the covered "bodily injury"or"property damage". 2. The covered "bodily injury" or "property damage" must arise out of the operations specified in such written contract or agreement. CL CA 0149 0215 Includes copyrighted material of Insurance Services Page 5 of 5 Office, Inc.,with its permission 6 of 7 ALLBATTE(VEM00) Poli6y No. CPA602611620 COMMERCIAL GENERAL LIABILITY CLCG06290916 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLATINUM ENHANCEMENT COVERAGES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. The following coverage is added: paragraph 2.a. above, the words caused in ADDITIONAL INSURED - OWNERS, LESSEES whole or in part by are replaced by the OR CONTRACTORS - AUTOMATIC STATUS words arising out of. INCLUDING PRIMARY NON-CONTRIBUTORY c. The insurance afforded to such additional 1. Section II -Who is An Insured is amended to insured only applies to the extent include as an additional insured any person(s) permitted by law;and or organization(s) for whom you are required d. If coverage provided to the additional by virtue of a written contract or agreement insured is required by a contract or that such person(s) or organization(s) be agreement, the insurance afforded to such added as an additional insured on your policy. additional insured will not be broader than 2. The insurance provided to the additional that which you are required by the contract insured is limited as follows: or agreement to provide for such additional insured. a. Such person or organization is an e. This insurance ends at the earliest of the additional insured only with respect to following times: liability for bodily injury , property damage" or "personal and advertising (1) When any Named Insured(s) work injury"caused in whole or in part by: called for in the written contract has (1) Acts or omissions of the Named been completed Insured; or (2) When all of any Named Insured(s) (2) The acts or omissions of those acting work done at a job site has been on behalf of the Named Insured; completed if the written contract calls for work at more than one job site in the performance of the Named Insureds (3) When that part of any Named work for the additional insured(s) specified Insured(s) work done at a job site has in the written contract provided the been put to its intended use by any contract or agreement requires you to person or organization other than the provide the additional insured such Named Insured or those acting on the coverage and is: Named Insured(s)behalf. i. Currently in effect or becomes Work that may need service, maintenance, effective during the term of this correction, repair or replacement, but is policy; and otherwise complete, will be treated as ii. Was executed prior to the "bodily completed injury", "property damage" or f. This insurance does not apply to any "personal and advertising injury". additional insured scheduled on your b. If the written contract specifically requires policy by separate endorsement. you to provide additional insured coverage g. For purposes of paragraph A. of this via the 10/01 edition of CG2010 (aka CG endorsement, the terms "you" and "your" 20 10 10 01) or via the 11/85 edition of refer to the Named Insured shown in the CG2010 (aka CG 20 10 11 85), then in Declarations. CL CG 05 29 0916 Includes copyrighted material of Insurance Services Page 1 of 3 Office, Inc., with its permission 7 of 7 ALLBATTE(VEM00)