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HomeMy WebLinkAboutPW18-346 - Original - Northwest Aquatic Management, LLC - Contract - 08/29/2018 r IRecords Management Document CONTRACT COVER SHEET This is to be cornIdeted by the Contract Manager prior to submission to the City Clerk's Office. AH portions are to be completed. If you have qu.uestiouus, Please contact the City ClerkFs Office at 253-55E-5725. ❑ Blue/Motion Sheet Attached ® Pink Sheet Attached Vendor Name: Northwest Aquatic Management, LLC Vendor Number (]DE): Contract Number (City Clerk): Category: Contract Agreement Sub-Category (if applicable): r Ihoo,: (, �j Project Name: Green River Shoreline Planting Proiect Contract Execution Date: 8/29/18 Termination Date: 12/31/18 Contract Manager: Matt Knox Department: PW: Engineering Contract Amount: $15,235.00 Approval Authority: ® Director ❑ Mayor ❑ City Council Other Details: Mow and sorav the oroiert site, ``�✓ KENT GOODS & SERVICES AGREEMENT between the City of Kent and Northwest Aquatic Management, LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Northwest Aquatic Management, LLC organized under the laws of the State of Washington, located and doing business at 9727 Highway 12 West #369, Rochester, WA 98579, Phone: (360) 870-4362, Contact: Kyle Steelhammer (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 mow and spray the project site for the Green River Shoreline Planting Project. For a description, see the Vendor's quote 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 December 31, 2018. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Fifteen Thousand, Two Hundred Thirty Five Dollars ($15,235.00), 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: The Vendor shall be paid after execution of agreement and 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, Incl. 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 Peyment: Waiver of CGaims. 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 ka 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 Waiv r, 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 Wvvaive_r. 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 IN URANCE, 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 of 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. Rk�Lhe 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-WaivQr 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. 1?u)aN(a�ygc bra }h<.t. 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. f3Lisiness 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. f nt4 pyr',y rltl Si ?tcltgrg „ ,y_f ax gr Ernal_il. 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' LL ,�ggz gY'' c -_ rstagk � 3P r Print y arum) Print Name , _t,. '� Name: Tlonot,try J LaPorte, P.E. Its: CSI�t Its: Public Works Director DATE ( Vie? DATE:_ ' -- SE __..... _.._...._. NOTICES TO BE NT Tq: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Kyle Steelhammer Timothy J. LaPorte, P.E. Northwest Aquatic Management, LLC City of Kent 9727 Highway 12 West #369 220 Fourth Avenue South Rochester, WA 98579 Kent, WA 98032 (360) 870-4362 (telephone) (253) 856-5500 (telephone) N/A (facsimile) (253) '856-6500 (facsimile) ATTEST: Ken Crty Jerk NO��wPsl NQud Lc MBnlO�PenEGR$IioeliiE VIBilM1ilq/Nnox GOODS & SERVICES AGREEMENT - 6 ($20,000 or Less, induding WSS7) 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 fulfill the five requirements referenced above. For: .._lid ✓ 1�1 Gk$1 _.. lGC 4vlGt�� CG I Title: Date; . 61._.... �.__,_ a� ._...._,. EEO COMPLIANCE DOCUMENTS - I 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 i 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 A Northwest Aquatic Management LLC Kyle Steelhammer 9727 Hwy 12 West #369 Rochester, WA 98579 (360) 870-4362 N2PtTHWEST AQUATIC I<yI El.wagla�com MANAGEMENT Melissa, Thanks for the opportunity to quote on the Green River mowing and spraying job. Northwest Aquatic Management, LLC will provide a machine capable of mowing the vegetation in question within the boundaries specified. Once the mowing is complete, the first herbicide application will be completed within two weeks. The second and final herbicide application will be made one month from mowing as requested. The herbicide application will be made via roadside along Frager Road to ensure coverage and vegetative kill. The mowing will be performed for $8,250 (eight thousand two hundred and fifty) dollars. Price does not include applicable taxes. The spraying will be performed for $2,800 (two thousand eight hundred) dollars per application. Price does not include applicable taxes. Contractor is not responsible for permitting requirements necessary to complete this project other than noxious weed herbicide application permit update. UBI # is 602 422 681 FEIN # 83-0404331 Washington Contactors License # NWAQUAM952DP Sincerely, $8,250 mowing 5 600 spraying $13,850 1 385 tax $15,235 total Kyle Steelhammer President Northwest Aquatic Management, LLC (360) 870-4362 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. 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 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. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Contractor's/Consultant's Pollution Liabilitu insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: I. Commercial General) Liabil insurance shall be written with limits no less than $1,000,000 eaoh occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,C00,000 per accident. 3. Contractou'slConsultant''s Pollu ion Liabilit insurance shall be written in an amount of at least $1,000,000 per loss, with an annual aggregate of at least $1,000,000, Coverage may be written on a claims-made basis. I 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 AN II. E. Verification of Coverage Contractor shale 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. All� CERTIFICATE OF LIABILITY INSURANCE DATE'MMI°°" "" -" 0812312018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME. Windy Russell Strand Insurance of Centralia PHO.NE A." 3fiD-736-8281 IAAm-_. ,Nay.(360)8D7-5913 ... . _ _.. 515 Harrison Ave Suite 101 ADDRESS: .. windy@strandinsurance.com - .. .- Centralia,WA98531 INSURERBI AFFORDING COVERAGE NAICa INSURER A: GuideOne National Insurance Comnanv INSURED INSURER Ohio Securitv Insurance Co 24082 NW AQUATIC MANAGEMENT LLC INSURER D; 9727 HWY 12 W#369 INSURER ROCHESTER,WA 98579 INSURERE: INSURER F. COVERAGES CERTIFICATE NUMBER: OCOODOOD-582747 REVISION NUMBER: 14 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 MAYBE 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 B"PAID CLAIMS, VEER ----. YYY ADdL SVaR ----. --. ---. POLICY EP t LtlOV F.MP..... t�TR TYPE OF INSURANCE POLICY NUMBER My In DJNYNY My Lei LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y ENV562000436-00 08/21/2018 0812112019 EACH OCCURRENCE S 1,000,0011) CLAIMS MODE I OCCUR nAMADr NCRCNTF.D - FIR Fwe 4.0agru Ia.R1 $ 50,000,. ........ _.. MEN EXPERSone pamm.) Ls... PERsoNAI_s ADV INJURY s 1,000,00D GEN'LAGGREGATE LIMIrAPPLIES PER GENERAL AGGREGATE $ 2,000,000 PRO - X Poucs t .,_.,. Jai'T LOC lelke+DUCTr, COnnP,oP AGG s 2 000 t100 OTHEk $ B AUTOMOOLELIABaITY Y BAS56706383 05/14/2018 0504/2019 ('[roM DSw 1ELNMINANY AUTO $ .,.,.,-., {E PA>aenl) _..... 1,000,fl00.-- RODILV INJURY(Pargersor) $ OWNED --- SCHEDULED ROUI LY INJURY(Per ecc tlan) $ AUTOS ONLY X AUTOE X HIRED NON-OWNED RGPIVIJA A4AMiE .._ '.---... ,i AUT060N [ROPER LY X.,.„ AUTOS ONLY .[RCP aRIY $ UMBRELLA LIAB OCCUR EACH OCCURRENCE 8' i ... ... ,......,.. EXCESS uA9 CILDIM&MATO A{'yRFC/ITL 9 DED REENiION9 A WORKERS COMPENSATION ENV562000436-00 08/21/2018 OBl21/2019 PER - X ChGI° S10 f,ry,�YYY AND EMPLOYERS LIABILITY YIN $FATOIE.--- ER -. p.mm--T..., ANY PROPRIETORIPARTNERlEBECUTNE F NIA ELEAG}I ACCIDENT $ 1,9001000 O FIORRUMUMA R EXETAUS)u _ — . . ... .. JUOn lPmRInNwl. EL DISEASE EAIAPLOVE ®Me .. 1,000.00� aa PnsglNPp,11pS, EL DISEASE-PONICY°OM0 s 1,000,000.. 4SUF710^I VOpM(or I jFFF1AJ'iC)N 1 below A Contractors Pollutio Y Y ENV562000436-00 08/ 2018 08/21/2019 Lia 21/ bility-CRD 1,00'-,00011,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACERB 101,Addillonal Remarks Sohodulq may he altaahed if more space is required) Certificate Holder is named as Additional Insured per form CG2010 07104(CGL)&G02213-4YA 10117(CPL).Completed Ops applies per for CG2037 07104(CGL). Primary &Non-Contributory applies per form G0216-4YP 10117.Waiver of Subrogation applies perform G0218-4YA 10117. "10 day notice for non-payment of premium— CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Kent THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 220 4th Ave. S. ACCORDANCE WITH THE POLICY PROVISIONS. KENT, WA 98032 AUTHORIZED REPRESENTA TI IS +, yIS J`J\'"I^ S` ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Printed by WJR on August 23.2018 at 09.47PM I Policy#:ENV562000436-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY AGGREGATE AND PEROCCURRENCE LIMIT PROVISION I All Coverage parts included in this policy are subject to the following provisions' 1. Notwithstanding anything contained in this policy to the contrary, the Policy Aggregate Limit identified below and the rules below outline the most we will pay under this policy regardless of the number of. a. Insureds, b. Claims or "claims" made or"suits" brought; c. Persons or organizations making claims or"claims" or bringing "suits", d. Government actions taken with respect to ''cleanup costs", or e. Coverage Parts that are a part of this policy. 2. The Policy Aggregate Limit is the most we will pay for the sum of all damages and "claim expenses" 3. The Policy Aggregate Limit does not apply to: a. Supplementary Payments in any Coverage Part that clot reduce the limits of insurance for that Part;Coverage or i Any Coverage Part that is described in the Deciarap6i as a Commercial Excess Liability Coverage Part 4. The Policy Aggregate Limit applies to the policy period as sYvpwn in the Declarations and to any extension or contraction of that policy period . 5. The Policy Aggregate Limit is the lesser of a. The highest Aggregate Limit or General,Aggregate LtNI shown ir1Wy Coverage Part Declarations of this policy', or 5 b. The following Policy libelo POLICY AGGREGATE LIMIT $2,000,000 6. If an Occurrence covered r v rt le W1h policy is also covered in whole or part under any other cov OF Ity is the single highest available applicable pel-Oocarnenrc imlt, t e rmit. GO 0212—2YP 10.17 Includes Copyrighted Material of Insurance Services Office, Inc. with its Page 1 of 1 permission Policy#: ENV562000436-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY PERIOD MINIMUM PREMIUM AND MINIMUM EARNED PREMIUM All Coverage parts included in this policy are subject to the following provisions. I 1. policy Period Mlmimumf'Pamlum Policy Period Minimum Premium means the minimum premium earned at the end of the original Policy Period shown in the Declarations. This policy may be subject to final audit, but under no circumstances will the audited earned premium be less than the Policy Period Minimum Premium shown or less than the pro rate of the Policy Period Minimum Premium if the policy is cancelled prior to the end of the Policy Period shown in the Declarations. The Policy Period Minimum Premium for this policy is 100%of the Minimum&Deposit premium on the Declarations. 2. M irlimulrn Earner) Premium Upon Cancellation Common Policy Conditions, Paragraph E.of Section 8.Cancellation is deleted in its entirety and replaced as follows: If the insured elects to cancel this Policy at anytime,for any reason,or the Company elects to cancel this Policy because of the Insured's failure to pay any premium when due,the Company is entitled to the greatest of. a) A Minimum Earned Premium of the greater of 25 __%of the Mini um&Deposit Premium on the Declarationsor$762_i 1) ifthe policyis cancelled within 12 months ofthe policy effective e;or 2) 100%of the deposit premium shown on the applicable Coverage If Declarations Page if the policy is cancelled more th an 12 month s after in e policy effective date.' - "+,"� b) The Total Advance(Deposit)Premium Including endorsements,act ustaJ n 0°(.Iro rate or short-rate basis',or w c) The audited earned premium, l If the Company elects to cancel this Policy for any reason,then the Corl is entitled to tyre greater of: a} The Policy Period Minimum x'q. -' - -�`"""�� ' b) The audited earned premium. 3. Any adjustment to the amount entered as Minimum&Deposit Premium on the Declarations will be computed on a composite rate basis Ps follows: a Exposure Basis: Estimated Exposure: PREVIESO Composite Rate. $FLAT per$100,00"Gross Sales" Minimum&Deposit Premium $3 297 An additional premium will apply to scheduled supplemental autos,if any (rate $ per automobile) your entire "grass sales" shall be used in computing the premium due unless certain services or items are excluded by specific endorsement to this policy, "Gross sales"means the gross amount charged by yoo for services performer)during the policy period,and does not exclude bad debts, accounts receivable or amounts that have not yet been billed for Services performed. GO 0214-2YP 02-18 "Includes copyrighted malarial of Insurance Services Office, Inc,with its Page 1 of 1 permission" I POLICYNUMBER: ENV562000436-00 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 II THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s)Of Covered Operations Or Organization(s): Any person or organization for whom you are performing In res ect to any-location the named insured is operations when you and such person or organization have pert ing "your work'' agreed in writing in a contract or agreement, effected prior to the date your operations for that person or organization commented, that such person or organization be added as an additional insured on your policy, Information required to com late this Sr hedule, if not sh r Uwe, will e shown in the pecCarations, A. Section II - Who Is An Insured is amended to E. Wth respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only with sions apply. respect to liability for occnot urringply to "bodily injury" or damage' r 'tpart, y and aPREVI I-ErstWes n whole or In part, by 1. Your acts or omissions; or 1, All work, including materials, parts or equip- 2. The acts or omissions of those acting on your ment furnished in connection with such work, behalf; on the project (other than service, maintenance or repairs) to be performed by or n the performance of your ongoing operations for the on behalf of the additional insured(s) at the additional insured(s) at the location(s) designated ocation of the covered operations has been above. completed, or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project, CG 20 10 07 04 © 150 Properties, Inc., 20C4 Page 1 of 1 POLICY NUMBER: ENV562000436-00 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided underthe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location And Description Of Completed Operations Any person or organizationfor whom you are In respect to any location where the named insured is performing operations when you and such person or perform "your work", organization have agreed in writing in a contract or -- agreement, effected prior to the date your operations for that person or organization commenced, that such person or organization be added as an additional insured on your policy 4qn nformation required to com Iete this Schedule if not shown above will be shown in the Declarations, inciudoi II — Who Is al Insu s d incP�ude as an additional irasur organizawon(s) shown in tn® Scl tile, -at respect to liability for "bodily jury' Tr I E W damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard" CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 Policy#: ENV562000436-00 I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY/NON-CONTRIBUTORY COVERAGE This endorsement modifies insurance provided underthe following; COMMERCIAL GENERAL LIABILITY COVERAGE PART PRIMARY/NON-CONTRIBUTORY—If required by written contract cragreement, effected priorto the date your operations for that person or organization commenced and named below, such insurance as is afforded by this policy to any additional insureds underthis policy shall be primary insurance, and any insurance or self-insurance maintained by such additional insured(s)shall not contribute to the insurance afforded to the named insured. All other terms and conditions remain unchanged. SCHEDULE Any person or agaml,Tation that is. 1. An owner of real or personal propertyon which you are perfornnng operati111 but only at the specifcwrilten request by that person or organization to you,and only if, `�M1 n a. That request is made prior to the date your operationsforthat person or orgg`q< kion commenced:and b. A Certificate of Insurance evidencing thetrequest has been issue byycuramrTr rizeti insurance agent or broker;a Nt ` 2. A contra clor on whose behalt. ou areperforming operations,but only Itth ' acifc wriCte request by that person or organization to you, a. That request is made prior tothe dale your operation s forth at person or organ lzetion commenced,and b. A Certificate of In sure nce evidencing that request has been issued by your authorized insurance agent or broker, RE— A"ElAV---� GO 0216—4YP 10-17 Includes Copyrighted Material of Insurance Services Office, Page 1 of 1 Inc with its permission Policy#: ENV562000436-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDED WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following:: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE .m........ ... ._. ................. Name of Person or Organization: Any person or organization that is: 1. An owner of real or personal property on which you are perf. rming operations, but only atthe specific written request by that person or organizatiorrto you, and 0' ly if. a. That request is made prior to the date you roperationsiiiI that person or organization commenced, and b. A Certificate of Insurance evidencipg that request has en issued by your authorized insurance agent or broker; or 2. A contractor en whose behaIt you are performingoperations,b c nly at th e specific written request by that person or organization to you, and only if'. a. That request is made prior.to the.date your operations for that rson or organization commenced, and b. A Certificate of Insurance evidencing that request ha, beenissue4byyourauthorizedinsurance agent or broker. "�. or WAIVER OF SUBROGATION—If plinstul corotr� elRnwWnyrfight of recovery we may have against any entitythatisanadditloRd e edu aesthlsendorsementbecause of payments we make for injury or damage arising out of"your work"performed under a contract with that person or organization. All other terms and conditions remain unchanged. GO 0218-4YA 10-17 Includes Copyrighted Material of Insurance Services Office, Inc. Page 1 of 1 with its permission Policy#: ENV562000436-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CLAIM EXPENSES ADDITIONAL LIMIT ENDORSEMENT I I This endorsement modifies insurance provided under the following.: CONTRACTORS POLLUTION LIABILITY COVERAGE PART Paragraph 3. in SECTION III— LIMITS OF INSURANCE AND DEDUCTIBLE is deleted and replaced by the following: 3. a. Subject to 2. above, the Each Pollution Condition Claim Expenses Limit shown below is the most we will pay for the sum of all ''claim expenses" because of all "bodily injury" or''property damage"arising out of any one "pollution condition". ay Limit does not apply the sum of all dam- h aes Subjend"claimt to oexpensesve, the abe because of all"bodily njury'I 'ch Pollution Cond.rtion Limit i "propertyeost wdamae will pep" arising out of anyone 9 '.pollution condition". However, the Each Pollwtion Conde ply to "claim expenses" until after the Each Pollution Condition Claim Expense's Limit sham below has been exhausted by payment of''claim expenses"for that same "pollution condition". w Each Pollution Condition Claim Expenses Limit: $1 0o0,D'00' PREVIEW Go 2241 -4YC 10-17 Includes Copyrighted Material of Insurance Services Office,Inc, Page 1 of 1 with its permission Policy#, ENV562000436-00 I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY„ j PRIMARY/NON-CONTRIBUTORY COVERAGE i This endorsement modifies insurance provided underthe following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART PRIMARY/NON-CONTRIBUTORY—If required by written contractor agreement, effected prior to the date your operations for that person or organization commenced and named below, such insurance as is afforded by this policy to any additional insureds underthispolicy shall be primary insurance, and any insurance orself-insurance maintained by such additional insured(s)shall not contribute to the insurance afforded to the named insured. All other terms and conditions remain unchanged. SCHEDULE Any person or organization that is: 1, An owner of real or personal property.on which you are performing op,'e1'atfons, but only at the specific written request by that person or organization to you, and only if: t a. That request is made priorto the date.your operationsfor that person o'f,,organization commenced;and b ACertiifiecate of Insurance evidencing that request has be' n' aQd by yoN authorized insurance agentor broker; 2• A contractor on whose behalf you are performing operations, but only atthe specific written request bythat person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced;and I ACertificateoflnsur�i t r 11 binWorized insurance agent or broker. lE GO 0216-4YP 10-17 Includes Copyrighted Material of Insurance Services Office, Page 1 of Inc,. with its permission Policy#, ENV562000436-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDED WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following. CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization Any person or organization that is. 1. An owner of real or personal property on which you are p arming operations, but only at the specific written request by that person or organization'to you, a only if. a. That request is made priorto the,dateyouroperat'ia `�forthat person ororganization commenced, and I A Certificate of Insurance evidencingthatrequesthas'keen issued by your authorized Insurance agent or broker, or % 2. A contractor on whose behalf you are performing operations, btft only atthe specific written request by that person or organization to you', and only it.. a. That request is made priorto the date your oparatu nsforthatpgrsanororganizationcommenced,, and b, ACertificateoflnsuranceevidencingfhafrequest as;,been issukby your authorized insurance agentorbroker., .. .. WAIVER OFSUBROGATION—If fauiredKEtrVaralsE . ny right of recovery we may have against any entity that is an additional insured shown in the Schedule above per the terms of this endorsement because of payments we make for injury or damage arising out of"your work"performed under contract with that person or organization. All other terms and conditions remain unchanged. GO 0218—4YA 10-17 Includes Copyrighted Material of Insurance Services Office, Inc. Page 1 of 1 with its permission Policy#: ENV562000436-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: 9 CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, effected prior to the date your operations for that person or organization commenced, that such person or organization be added as an additional insured on your policy, k 4 (If no entry appears above, Information required to coumpe e mis,endorse¢men will be shown in the Declarations as applicable to this endorsement) A. Seqa Section s-Wlyd Its An InP,t!RnE 1 p a age occurring after. nc as an ho itscf7al itr 1 ng materials, parts or organizations)shogun in th n rr'llshed in connection with such with respect to liability for"bodily injury", work, on the project (other than service, 'property damage" or "personal and advertising maintenance or repairs) to be performed by or injury" caused, In whole or in part, by: on behalf of the additional insured(s) at the site 1. Your acts or omissions; or of the covered operations has been completed, or 2. The acts or omissions of those acting on your behalf; (2) That portion of"your work" out of which the njury or damage arises has been put to its In the performance of your ongoing operations intended use by any person or organization for the additional insured(s) at the location(s) other than another contractor or subcontractor designated above engaged in performing operations for a B. With respect to the insurance afforded to these principal as a part of the same project. additional insureds, the following exclusion is added. 2. Exclusions This insurance does not apply to "bodily injury" GO 2213—4YA 10.17 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission I POLICY NUMBER: ENV562000436-00 COMMERCIAL GENERAL LIABILITY CG 04 42 1103 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. STOP GAP-EMPLOYERS LIABILITY C V O ERAGE ENDORSEMENT —'IrV'ASHIN'IGTON This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Limits Of Insurance Bodily Injury By Accident Is 1,000,001-1 1 Each Accident Bodily Injury By Disease $ 1,00Q000 Aggregate Limit Bodily Injury By Disease I$ 1,000,000 yes (If no entry appears above, the intorma re to his rsement will be shown in the Declarations as applicable to this endorsement.) i A. The following is added to S obligation or liability to pay sums ages: m acts or services is covered COVERAGE-STOPGAP-EMPLOYERS unless explicitly provided for under LIABILITY Supplementary Payments. a. bWe ecogmlegsple ally obl a d REVIE r cbodilylinjury by disease" only legally 9 e Law to pay as damages because of bnclily ) injury by accident" or "bodily injury by dis- (a) "Bodily injury by accident" or"bodily ease" to your "employee" to which this injury by disease"takes place in the insurance applies. We will have the right "coverage territory"; and duty to defend the insured against any"suit"' seeking those damages However, (b) "Bodily injury by accident" or "bodily injury by disease" arises out and . we will have no duty to defend the insured In the course of the injured against any "suit" seeking damages to "employee's" employment by you, which this insurance does not apply, We and may', at our discretion" investigate any accident and settle any claim or "suit" that (c) "Employee'', at the time of the In- may result. But: jury, was covered under a worker's 1 compensation policy and subject to ( ► Theamas described d in S coon III- a "workers compensation law" of limited f described in Section III - Washington, and Limits Of Insurance; and (2) Our right and duty to defend end when (2) The: we have used up the applicable limit of (a) "Bodily injury by accident" is caused insurance In the payment of judgments by an accident that occurs during or settlements under this coverage, the policy period, or CG 04 42 11 03 © ISO Properties, Inc., 2003 Page 1 of 4