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EC18-086 - Original - Meet Me on Meeker Design Concept - Contract - 2/27/18
R(Ef-% c0-- rds Man hG rN Document WYAS WI tlNCu TOtJM CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerics Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: KPG, PS Vendor Number: ]D Edwards Number Contract Dumber: ��"--�` This is assigned by City Clerk's Office Project Name: Meet Me on Meeker Design Conce t Description: ® Interlocal Agreement ❑ Change Order El Amendment 0 Contract ❑ Other: Contract Effective Date: 2/27/18 Termination Date: 8/27/18 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Tanya Kosen Department: ECD Contract Amount: 43 912.65 Approval Authority: F Department Director Z Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): _ _. . A5 of: 08/27/14 CONSULTANT SERVICES AGREEMENT between the City of Kent and KPG, PS THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and KPG, PS organized under the laws of the State of Washington, located and doing business at 3131 Elliott Ave, Ste 400, Seattle, WA 98121 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: See Exhibit A for Scope of Work Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I within 6 months. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty-Three Thousand Nine Hundred Twelve and 65/100 Dollars ($43,912.65), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit C. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. CONSULTANT SERVICES AGREEMENT 1 KPG, PS C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'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 Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having CONSULTANT SERVICES AGREEMENT 2 KPG, PS jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then _ Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. CONSULTANT SERVICES AGREEMENT 3 KPG, PS D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. 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. (Remainder of page left intentionally blank) CONSULTANT SERVICES AGREEMENT 4 KPG, PS 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. CONSULTANT: CITY OF KENT: By: By: (--(signature) (signature) Print Na,Z e: John Davies Print Name: Dana Ralph Its; Senior Transportation Planner Its Mayor (title) - ) � I \� Date: :2 - 2a /F Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: John Davies Hayley Bonsteel KPG, PS City of Kent 3131 Elliott Ave, Ste 400 220 Fourth Avenue South Seattle, WA 98121 Kent, WA 98032 (206) 286-1640 (telephone) (253) 856-5441 (telephone) APPRO D 'AS T FORM: K e(n t La vfbepartment CONSULTANT SERVICES AGREEMENT 5 KPG, PS - � DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City Vf Kent |s 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 ofthe City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor ur supplier um 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 C|ty's sole determination regarding suspension or termination for all mr part of the Agreement; The questions are as follows: 1. I have reed the attached City m[ Kent administrative policy number 1.2. 2. During the time of this Agreement [ 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 m 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 One, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing be|avv I � �o fulfill the five requirements referenced above. Title: At, r 74 WA EEO COMPLIANCE DOCUMENTS 1 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 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 EXHIBIT A SCOPE OF WORK See following pages Exhibit A 1 CITY OF KENT MEEKER STREET CONTINUING SUPPORT SUPPLEMENT 3 February 6,2018 SCOPE OF WORK A. PROJECT DESCRIPTION/BACKGROLIND KPG will provide on-going support to the City to help refine the concepts, allow for additional revisions to specifications and to support the City in its efforts to further the Meet Me on Meeker design concept. B. ASSUMPTIONS The following assumptions were identified to provide direction: ❑ No Federal Funding is currently attached to this project. ❑ Provides general consultation, guidance and analysis for implementing the Meeker Street Standards, but does not complete design beyond the conceptual level and subject to further refinement as part of a formal street design process. ❑ Analysis will be based on available information provided by the City. C. KPG DELIVERABLES Deliverables prepared by the Consultant are identified at the end of each task. D. CITY OF KENT PROVIDED ITEMS: The City of Kent will provide/prepare the following: ❑ Submittal reviews,comments, and approvals(1 to 2 sets of comments per submittal). ❑ Public notices and property owner mailing and postage with KPG assistance. E. SCOPE OF WORK TASK 1—MANAGEMENT/COORDINATION/ADMINISTRATION 1.1 The Consultant will provide continuous project management for the project duration of the project(estimate 6 months). 1.2 The Consultant will prepare monthly progress reports identifying work completed in the previous month,work in progress, upcoming work elements,and reporting of any delays, Meeker Street Preliminary Design City of Kent February 6,2018 problems, or additional information needs. These reports will be submitted with the Consultant invoices. 1.3 The Consultant will conduct regular project team meetings with internal staff. 1.4 The Consultant will provide internal quality assurance/quality control(QA/QC) reviews of all work products prior to submittal for City review. Work Element 1 Deliverables: ■ Monthly progress reports(4 months) TASK 2—REVIEW OF STANDARD CONSTRUCTION DETAILS AND SPECIFICATIONS The expanded scope allows for one (1) additional drafts and responses to review comments, leading to the development final document. 2.1 KPG shall provide review and responses to comments from City staff in the revision of the final document. This includes coordination with City staff in discussions with other departments, revisions to draft documents and completion of responses to the comment matrix,provided by the City.The level of effort assumes the preparation of one additional revision document. 2.2 Based on the comments received, KPG will prepare the final document for the Meeker Street Standard Construction Details and Specifications,to be included in the Streetscape Design and Standards Document,for submittal to the City Council. Work Element 2 Deliverables: ■ Response to Comments Matrix. ■ Revised Meeker Street Standard Construction Details and Specifications. TASK 3—ON-GOING DESIGN SUPPORT 3.1 As requested by the City, the Consultant will provide up to 150 hours of design support to assist the City in discussions with developers or to address specific issue areas as part of the implementation of the Meet Me on Meeker Concept. This could include urban design analysis, landscape architectural review, civil engineering,grant funding support, cost estimates,or other functions as needed and defined by the City. Work Element 3Deliverobles: ■ To be defined as needed. TASK 4—COMMUNITY INVOLVEMENT/PUBLIC OUTREACH 4.1 Prepare and participate in a presentation to the City Arts Commission to describe the context, function and role of art in the project. Provide direction and examples of art forms that would be consistent with the vision of the street. Work Element 4 Deliverables: ■ Presentation materials for Arts Commission ■ Documentation of meeting. Meeker Street Preliminary Design City of Kent February 6,2018 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. Exhibit B 1 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 Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Exhibit B 2 Client#: 1487397 KPGINC2 ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) 2/1612018 .THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: USI Kibble& Prentice PR A No Eat:206"1-6300 FAX AIC NO, 610-362-8528 601 Union Street,Suite 1000 E-MAIL pL.CertRe uest usi.com Seattle,WA 98101 ADDRESS: q INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Ohio security insurance company 24082 INSURED INSURER B:Berkley insurance company 32603 KPG, P.S.and KPG,Inc 3131 Elliott Avenue,Suite 400 INSURERC: Seattle,WA 98121 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 CONTRACTOR 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 PAIDCLAIMS. �TRR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIODYIYEYW NIDDYIYYW LIMITS A X COMMERCIAL GENERAL LIABILITY BZS1958424084 1/0112018 01/0112019 EEpAApCCMHqq��OEECCC7URRENCE $1 000 000 CLAIMS-MADE a OCCUR PREMISESDEeEoocTiiE ence $1 000 000 MED EXP(Any one person) $15 000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PROT LOC PRODUCTS $2,000,000 POLICY�EC OTHER: $ A AUTOMOBILE LIABILITY BAS1958424084 1/0112018 01/01/201 Eaa..d.nSINGLELIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X AUTOS ONLY X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY Per accident $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ F1EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY BZS1958424084 1/0112018 01/01/201 ER X OTH- ANY PROPRIETOR/PARTNERIEXECUTIVE YIN (WA Stop Gap) E.L.EACH ACCIDENT $1 000 000 OFFICERIMEMBER EXCLUDED? 7N] N 1 A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1 000 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1 000 000 B Professional AEC901872400 1/0112018 01/011201 $3,000,000 per claim Liability $5,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Project#17007,Meeker Street Design. The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder,only when there is a written contract that requires such status,and only with regard to work performed on behalf of the named insured.The General Liability policy contains a special endorsement with Primary and Noncontributory wording,when (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City f K SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ty of THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) 1 of 2 The ACORD name and logo are registered marks of ACORD #S225394151M22355184 MDSZP DESCRIPTIONS (Continued from Page 1) required by written contract.The Automobile Liability policy contains a special endorsement with Primary wording,when required by written contract The General Liability and Automobile Liability policies include a Waiver of Subrogation endorsement in favor of the Certificate Holder as referenced above. SAGITTA 25.3(2016103) 2 of 2 #522539415/M22355184 Policy Number: BZS58424084 BUSINESSOWNERS BP 79 96 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Below is a summarization of the coverages provided by this endorsement. No coverages are given by this summary. Actual coverage descriptions are within this endorsement. SECTION SUBJECT A. Supplementary Payments Bail Bonds Loss Of Earnings B. Broadened Coverage For Damage To Premises Rented To You C. Incidental Medical Malpractice Injury D. Mobile Equipment E. Blanket Additional Insured (Owners, Contractors Or Lessors) F. Newly Formed Or Acquired Organizations G. Aggregate Limits H. Duties In The Event Of Occurrence, Offense, Claim Or Suit I. Liability And Medical Expenses Definitions Bodily Injury Insured Contract Personal And Advertising Injury Section II-Liability is amended as follows: A. Supplementary Payments Section A.1. Business Liability is modified as follows: 4 1. The $250 limit shown in Paragraph A.11(1)(b) Coverage Extension -Supplementary Payments for the cost of bail bonds is replaced by a$3,000 limit. 2. The $250 limit shown in Paragraph A.11(1)(d) Coverage Extension - Supplementary Payments for reasonable expenses and loss of earnings is replaced by a$500 limit. B. Broadened Coverage For Damage To Premises Rented To You 1. The last paragraph of Section B.1. Exclusions -Applicable To Business Liability Coverage is replaced by the following: With respect to the premises which are rented to you or temporarily occupied by you with the permis- sion of the owner, Exclusions c.,d., e., g., h., k.,I., m., n.and o.do not apply to "property damage". ® 2016 Liberty Mutual Insurance BP 79 96 09 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 4 2. Paragraph D.2. Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under this endorsement for the sum of all damages because of all "property damage" to premises while rented to you or temporarily occupied by you with the permission of the owner is the Limit of Insurance shown in the Declarations. 3. Paragraph D.3. Liability And Medical Expenses Limits Of Insurance does not apply. C. Incidental Medical Malpractice Injury 1. Paragraph (4) under Paragraph B.1.j. Exclusions -Applicable To Business Liability Coverage -Profes- aw Services does not apply to "Incidental Medical Malpractice Injury" coverage. 2. With respect to this endorsement, the following is added to Section F.Liability And Medical Expenses -- Definitions: a. "Incidental Medical Malpractice Injury' means bodily injury arising out of the rendering of or failure to render, during the policy period, the following services: N (1) Medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or (2) The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. b. This coverage does not apply to: s (1) Expenses incurred by the insured for first-aid to others at the time of an accident and the Duties in the Event of Occurrence, Offense, Claim or Suit Condition is amended accordingly. (2) Any insured engaged in the business or occupation of providing any of the services described under a. above. (3) Injury caused by any indemnitee if such indemnitee is engaged in the business or occupation of providing any of the services described under a.above, D. Mobile Equipment Section C. Who Is An Insured is amended to include any person driving "mobile equipment" with your permission. E. Blanket Additional Insured (Owners, Contractors Or Lessors) 1. Section C. Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy under a written contract or written agreement. The written contract or agreement must be: a. Currently in effect or becoming effective during the term of this policy; and b. Executed prior to the "bodily injury", "property damage", or "personal and advertising injury'. 2. The insurance afforded to the additional insured is limited as follows: a. The person or organization is only an additional insured with respect to liability arising out of: (1) Real property, as described in a written contract or written agreement; you own, rent, lease, maintain or occupy; and N (2) Caused in whole or in part by your ongoing operations performed for that insured. b. The Limit of Insurance applicable to the additional insured are those specified in the written contract or written agreement or the limits available under this policy, as stated in the Declara- tions, whichever are less. These limits are inclusive of and not in addition to the Limit of Insurance available under this policy. c. The insurance afforded to the additional insured does not apply to: (1) Liability arising out of the sole negligence of the additional insured; (2) "Bodily injury", "property damage", "personal and advertising injury", or defense coverage under the Supplementary Payments section of the policy arising out of an architect's, en- gineers or surveyors rendering of or failure to render any professional services including: © 2016 Liberty Mutual Insurance BP 79 96 09 16 Includes copyrighted material of Insurance Services Office,Inc..with its permission, Page 2 of 4 • (a) The preparing or approving of maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (3) Any 'occurrence" that takes place after you cease to be a tenant in the premises described in the Declarations; or (4) Structural alterations, new construction or demolition operations performed by or for the person or organization designated in the Declarations. 3. Any coverage provided hereunder shall be excess over any other valid and collectible insurance avail- able to the additional insured whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be primary or you request that it apply on a primary basis. F. Newly Formed Or Acquired Organizations The following is added to Section C.Who Is An Insured: Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However.- 1. Coverage under this provision is afforded only until the 180th day after the entity was acquired or incorporated or organized by you or the end of the policy period, whichever is earlier; 2. Section A.1. Business Liability does not apply to: a. `Bodily injury" or "property damage" that occurred before the entity was acquired or incorporated or organized by you; and b. "Personal and advertising injury" arising out of an offense committed before the entity was ac- quired or incorporated or organized by you. 3. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. G. Aggregate Limits The following is added to Paragraph D.4. Aggregate Limits Liability and Medical Expenses Limits Of Insurance: 1. The Aggregate Limits apply separately to each of the "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner_ 2. The Aggregate Limits also apply separately to each of your projects away from premises owned by or rented to you. For the purpose of this endorsement only, `location" means premises involving the same or connect- ing lots, or premises whose connection is interrupted only by a street, roadway, waterway or right- of-way of a railroad. H. Duties In The Event Of Occurrence, Offense, Claim Or Suit 1. Paragraph E.2.a. Duties In The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical Expenses General Condition applies only when the "occurrence" is known to any insured listed in Paragraph CA. Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim. 2. Paragraph E.21. Duties In The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical Expenses General Condition will not be considered breached unless the breach occurs after such claim or "suit" is known to any insured listed under Paragraph CA. Who Is An Insured or any "employee" authorized by you to give or receive notice of an'occurrence" or claim. a 2016 Liberty Mutual Insurance BP 79 96 09 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 4 I. Section F.Liability And Medical Expenses Definitions is modified as follows: 1. Paragraph F.3. is replaced by the following: 3. "Bodily Injury" means bodily injury, sickness, disease, or incidental medical malpractice injury sustained by a person, and includes mental anguish resulting from any of these; and including death resulting from any of these at any time. 2. Paragraph F.9.is replaced by the following: 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of prem- ises that indemnifies any person or organization for damage by fire to premises while rented ---- to you or temporarily occupied by you with permission of the owner is not an "insured contract" e b. A sidetrack agreement; N c. Any easement or license agreement, except in connection with construction or demolition operations on or within SO feet of a railroad; ® d. An obligation, as required by ordinance, to indemnify a municipality, except in connection N o with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indem- nification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. However, such part of a contract or agreement shall only be considered an "insured contract" to the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of con- struction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opin- ions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. 3. Paragraph F.14.b. Personal And Advertising Injury is replaced by the following: b. Malicious prosecution or abuse of process; © 2016 Liberty Mutual Insurance BP 79 96 09 16 Includes copyrighted material of Insurance Services Office,Inc,,with its permission. Page 4 of 4 POLICY NUMBER: Bzs58424084 BUSINESSOWNERS BP 14 02 07 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided underthe following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Additional insured Person(s) Or Organ ization s Location And Description Of Completed Operations Any person ororganuation whom you have agreed to add as an additional insured in a as needed by written contract written agreement. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II—Liability is amended as follows: B. With respect to the insurance afforded to these A. The following is added to Paragraph C.Who Is An additional insureds, the following is added to Insured: Paragraph D. Liability And Medical Expenses Limits Of Insurance: Any person(s) or organization(s) shown in the Schedule is also an additional insured, but only If coverage provided to the additional insured is with respect to liability for 'bodily injury' or required by a contract or agreement, the most we 'property damage"caused, in whole or in part, by will pay on behalf of the additional insured is the .your work' at the location designated and amount of insurance: described in the Schedule of this endorsement 1. Required by the contract or agreement;or performed for that additional insured and included 2. Available under the applicable Limits Of in the "products-completed operations hazard". Insurance shown in the Declarations; However: whichever is less. 1. The insurance afforded to such additional This endorsement shall not increase the insured only applies to the extent permitted by applicable Limits Of Insurance shown in the law;and Declarations. 2. if coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. BP 14 02 0713 a0 Insurance Services Office, Inc.,2012 Page 1 of 1 POLICY NUMBER: BZS58424084 BUSINESSOWNERS BP 04 97 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE* Name Of Person Or Organization: As required by written contract Paragraph K. Transfer Of Rights Of Recovery Against Others To Us in Section III - Common Policy Conditions is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organi- zation shown in the Schedule above. "Information required to complete this Schedule, if not shown above, will be shown in the Declarations. BP 04 97 01 06 @ISO Properties, Inc., 2004 Page 1 of 1 Policy Number: BZS58424084 COMMERCIAL AUTO CA88100110 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified r--- by the endorsement. COVERAGEINDEX �mrs SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT 3 i ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 18 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 21 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 22 EXTRA EXPENSE-BROADENED COVERAGE 10 GLASS REPAIR-WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE(including employee hired auto) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN /LEASE GAP 14 PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 19 SECTION II-LIABILITY COVERAGE is amended as follows 1. BROAD FORM INSURED 3 SECTION 11 -LIABILITY COVERAGE,paragraph A.I. -WHO IS AN INSURED is amended to include the following as an Insured: d. Any legally Incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that- (1) Is a partnership or joint venture, or (2) Is an Insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy, Paragraph d. (2) of this provision does not app'y to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 0110 Includes copyrighted material of Insurance Services Offrce Inc..with its Permission, Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II -LIABILITY COVERAGE,paragraph A.I. -WHO IS AN INSURED is amended to include the following as an insured f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for ads within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any"employee". g. An "employee" of yours while operating an"auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement Is excess over any other Insurance available to the"employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE,paragraph A.I. -WHO IS AN INSURED is amended to include the following as an insured h. Any person or organization with respect to the operation, mantenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an"insured". However, such person or organization is an"insured": (1) Only with respect to the operation, maintenance or use of a covered "auto", (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been Issued to you: and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs 12)and(41 are replaced by the following: (2) Up to $3,D00 for cost of bail bonds (including bonds for related traffic violations ) required because of an"accident' we cover We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to z the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II - LIABILITY, exclusion B.S. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION Ill"PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III-PHYSICAL DAMAGE COVERAGE,is amended by adding the following If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to"autos": a. You hire, rent or borrow; or 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 0110 Includes copyrighted material of Insurance Services Office Inc.with its Permisslon Page 2 of 7 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible. A. The most we will pay for "loss" in any one "accident' or"loss" is the smallest of (1) $50,000; or (2) The actual cash value of the damaged or stolen properly as of the time of the"loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, m€nus a deductible. '* B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C, Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. 0. Subject to a maximum of$750 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor Incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver, or (2) Any "auto" that Is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V-DEFINITIONS is amended by adding the following: 'Total loss" means a"loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III-PHYSICAL DAMAGE COVERAGE,paragraph A.2. Towing. Is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" Is dis- abled. a. For private passenger type vehicles, we will pay up to$50 per disablement. b. For"light trucks", we will pay up to $50 per disablement_ "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. r~ For"medium trucks" ,we will pay up to$150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVM of 10,001 -20,000 pounds. However, the labor must be performed at the place of disablement S. PHYSICAL DAMAGE- ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a., Coverage Extension of SECTION III-PHYSICAL DAMAGE COVERAGE,Is amend- ed to provide a limit of$50 per day and a maximum limit of$1,500 (02010 Liberty Mutual Insurance Company.All rights reserved. CA 8810 01 10 Includes copyrighted material of Insurance Services Office Inc,with Its Permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III-PHYSICAL DAMAGE COVERAGE,A.COVERAGE,is amended by adding the following. a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto' because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages We will pay only for those expenses incurred after the first 24 hours following the "accident' or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time It should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto'. d. This coverage does not apply unless you have a business necessly that other "autos" avail- able for your use and operation cannot fill. e. If"loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which Is not already provided under Paragraph 4.Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materals and equipment do not Include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE-BROADENED COVERAGE Under SECTION III-PHYSICAL DAMAGE COVERAGE,A.COVERAGE,we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is$1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following, If you have purchased Comprehensive Coverage on this policy for an"auto' you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects' stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V-DEFINITIONS is amended by adding the following. For the purposes of this provision, "personal effects" mean tangible property that Is wom or carded by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. ` 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III-PHYSICAL DAMAGE COVERAGE, B.EXCLUSIONS is amended by adding the follow- ing: s If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III -PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS. exception paragraph a.to exclu- sions 4.c. and 4.d. is deleted and replaced with the following. 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 4 of 7 Exclusion 4.c. and 4.d. do not apply to a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment Is permanently Installed In the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, In or upon the covered "auto" and physical damage coverages are provided for the covered "auto'; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair. return or replace damaged or stolen property will be reduced by a$100 deductible. 14. LOAN I LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a"total loss" to a covered "auto" owned by or leased to you In any g tip one "accident" is the greater of the 1. Balance due under the terms of the loan or lease to which the damaged covered "auto' is subject at the time of the "loss" less the amount of; a. Overdue payments and financial penalties associated with those payments as of the date of the"loss", XMM= b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a"Balloon Loan", f. The dollar amount of any unrepalred damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. Al: refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", I. Any amount representing taxes, J. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the 'lass". An adjustment for depreciation and physical condition will be made In determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. a B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that Incurred the loss. C. SECTION V-DEFINTIONS is changed by adding the following As used in this endorsement provision, the following definitions apply, "Total loss" means a"loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A"balloon loan" Is one with periodic payments that are Insufficient to repay the balance over the term of the loan, thereby requiring a large final payment, 02010 Liberty Mutual Insurance Company.All rights reserved. CA 86 10 0110 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 5 of 7 P 15. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "autd' of the private passenger type or light weight truck with a gross vehicle weight of 10.000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to cant' while it is a. In the charge of an"insured`; b. Legally parked, and c. Unoccupied The"loss" must be reported to the police authoMles within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any 'loss" if the covered "auto" is in the charge of any person or organization engaged In the automobile business. SECTION IV-BUSINESS AUTO CONDITIONS is amended as follows: 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, Paragraph B.2.is amended by adding the following- If you unintentionally fail to disclose any hazards, exposures or material fads existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 18. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT. OR LOSS SECTION IV- BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident", claim, "suit or "loss", you must promptly notify us when it is (mown to: 1. You if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; z d. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include a (1) How, when and where the "accident" or"loss" took place; (2) The"insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 19. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an"accident" or"loss", our rights are waived also. 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc, with its Permimlon. Page 6 of 7 m 20. HIRED AUTO COVERAGE TERRITORY SECTION IV-BUSINESS AUTO CONDITIONS, paragraph 8.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For"autos" hired 30 days or less, the coverage territory is anywhere in the world. provided that the insured's responsibility to pay for damages is determined in a'suit", on the merits, in the United States, the territories and possessions of the United States of America. Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an"auto' hired, leased, rented or borrowed with a driver. SECTION V-DEFINITIONS Is amended as follows: 21. BODILY INJURY REDEFINED Under SECTION V-DEFINTIONS. definition C,is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any t!me. COMMMON POLICY CONDITIONS 22. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. -CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. x 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.with its Permission. Page 7 of 7 0 Policy Number: BZS58424084 COMMERCIAL AUTO CA 88 66 05 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. Schedule Name of Person(s)or Organization(s): As required by written contract Regarding Designated Contract or Project: As required by written contract Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Cov- erage, but only to the extent that person or organization qualifies as an "Insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribu- tion from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. © 20131-iberty Mutual Insurance.All rights reserved. CA 88 66 05 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 0 EXHIBIT C a BILLING RATES See following pages Exhibit C 1 M o m w W a0 m O T CO O r+ o M O Cl)10 1p m N m N 0 o M fp o a! f� O Iti m O m m m m n m 7 N h m tlf o w a) O W o m N N N m W o m {n tO O b N 0 lA M m M to W N iy /0 N v O N A N 1D N It a O N N W a m t0 v r N N a V r N N � ♦ H o a W f9(9 40 d)19 (A d>19 N t9 M to Ni M N W W m C G s•V R O N m m to No O r V O La M co O Cl) D :dC 2 9 c- mV � a CD tO 10 o N a a o o O o O N A aM z c� U W Q W m W c Ix u)O O O O O O N N N N N oo Go N N oao m O � � J i W OC n o o O N N m 0 O N N O O fa0 W m CaA W fH W 7 O ~ C w m w a o 0 J oaf vvoo co NN co m ccoo m m U Cd�Q?Q f9 y�J w w N N w o `2 N v O N V N N N v 4) m N N V r (D w .Q a 4) to co c W 2 ai 0 0 0 0 O O N N o O O Cl N (1 N Q tH Q Q O 4) c w 3 G ID C M ° f) v M r- 4 a w v_1 111 G E; Y m LL CL s m G 10 a N w E c v c v a a m a 4 3 Y o W a m 3 ° u E ° F c awi a .e c Ii 3 3 3 o cD c W C aEi Q x � y ms .°9 Y O " U o awi v c w F c °��' I° � '? 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ENT WASHINGTDN Compliance with State and Local Laws THIS LICENSE MUST BE POSTED IN A CONSPICUOUS Year : 2017 PLACE.NOT TRANSFERABLE OR ASSIGNABLE NAME AND ADDRESS OF BUSINESS BLOC-2160065 KPG PS DBA KPG INC MAYOR 3131 ELLIOT AVE SUITE 400 The City of Kent SEATTLE,WA 98121 At 220.1 r11 AVE SO KEN-1 WASHINGTON 98032 1 REQUEST FOR MAYOR'S SIGNATURE Please Fill in All Applicable Boxes 11-1�K IF I, KENT Originator: Tanya Kosen --Phone (Originator): 5456 —------ Date Sent: 2,126/18 Date of Council gproyal: N/L Return Signed Date of Approval from Finance: Document to Tanya Kosen (Only required on contracts $10,000 & over or on any Grant Date Required:ASAP Date of Approval from Risk"Manaqer: 2/16/18 Vendor Name: KPG, PS Budgeted: YES 21 N ❑ Budget Fund.,-Placemaking fund Contract for Mayor's signature 0"Ituvlt W1xPq) PS ID heo\,. 44t&u �&e dmujaQ j) dUt#-n All Contracts Must Be Routed Through The all, Department be completed by the 1, Department) EIVED EC7- OEIVE W [Received: FEB 2 (i 2018 Law Department Approved as to Form: 7 Law Dept. KEWLAW DEPT, Date Forwarded t�o Mayor: Shaded Areas To Be Completed By Administration S, Received, Recommendations, and Comments: Yf Date Returned: