HomeMy WebLinkAboutCAG2019-219 - Original - Traffic Control Plan Co. of Washington, LLC - 4th & Willis Roundabout - 04/18/2019 �'KT
Records Management Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-856-5725.
Vendor Name: Traffic Control Plan Co. of Washington, LLC
Vendor Number (IDE): 1688086
Contract Number (City Clerk): 614&-02-0
Category: Contract Agreement
Sub-Category (if applicable): None
Project Name: 4th and Willis Roundabout
Contract Execution Date: 4/18/19 Termination Date: 12/31/19
Contract Manager: Thomas Leyrer Department: PW: Engineering
Contract Amount: $31500
Budgeted: FI/ Grant?
Part of NEW Budget: Local: F� State: F1 Federal: 1-1
Related to a New Position:
Basis for Selection of Contractor? Other
Approval Authority: 0 Director 1-1 Mayor F-I City Council
Other Details: Prepare traffic control plans for phase 1 of the-proiect.
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KENT
W11111 1
GOODS & SERVICES AGREEMENT
between the City of Kent and
Traffic Control Plan Co. of Washington, LLC
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Traffic Control Plan Co. of Washington, LLC organized under the laws of the
State of Washington, located and doing business at 1245 Auburn Way N. #315, Auburn, WA 98002,
Phone: (253) 258-1419, Contact: Christopher Grose (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 prepare traffic control plans for the 4t" and Willis Roundabout Phase 1
Project. For a description, see the Vendor's Scope of Work which is attached as Exhibit A
and incorporated by this reference.
Vendor acknowledges and understands that it is not the City's exclusive provider of these goods,
materials, or services and that the City maintains its unqualified right to obtain these goods, materials,
and services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete
the work and provide all goods, materials, and services by December 31, 2019.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Three
Thousand, Five Hundred Dollars ($3,500), including applicable Washington State Sales Tax, for the goods,
materials, and services contemplated in this Agreement. The City shall pay the Vendor the following
amounts according to the following schedule:
Vendor shall be paid after traffic control plans have been prepared, delivered, 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, ind. WSST)
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from
Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable,
for any reason, to complete any part of this Agreement, the City may obtain the goods,
materials or services from other sources, and Vendor shall be liable to the City for any
additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum
Agreement price specified above. The City further reserves its right to deduct these
additional costs incurred to complete this Agreement with other sources, from any and all
amounts due or to become due the Vendor.
B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE
AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT
IS MADE.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be greated by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Vendor has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Vendor maintains and pays for its own place of business from which Vendor's
services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Vendor's services, or the Vendor is engaged in an independently established
trade, occupation, profession, or business of the same nature as that involved under
this Agreement.
D. The Vendor is responsible for filing as they become due all necessary tax documents
with appropriate federal and state agencies, including the Internal Revenue Service
and the state Department of Revenue.
E. The Vendor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Vendor's
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Vendor maintains a set of books dedicated to the expenses and earnings of its
business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement.
VI. CHANGES. The City may issue a written amendment for any change in the goods,
materials or services to be provided during the performance of this Agreement. If the Vendor determines,
for any reason, that an amendment is necessary, Vendor must submit a written amendment request to
the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14)
calendar days of the date Vendor knew or should have known of the facts and events giving rise to the
requested change. If the City determines that the change increases or decreases the Vendor's costs or
time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to
reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to
agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall
proceed with the amended work upon receiving either a written amendment from the City or an oral order
from the City before actually receiving the written amendment. If the Vendor fails to require an
GOODS & SERVICES AGREEMENT - 2
($20,000 or Less, including WSST)
amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent
amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable
adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the
adjustment as provided in subsections A through E of Section VII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by
Vendor as provided in this section shall constitute full payment and final settlement of all claims for
contract time and for direct, indirect and consequential costs, including costs of delays related to any
work, either covered or affected by the change.
VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another
written order, or an oral order from the City, including any direction, instruction, interpretation, or
determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give
written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events
giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should
have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for
damages, additional payment for any reason, or extension of time, whether under this Agreement or
otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim
is made in strict accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in subsections A,
items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED
BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred as a
result of the asserted events giving rise to the claim. The City shall have access to any of
the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this
Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Vendor completely waives any claims for protested work and accepts from the
GOODS & SERVICES AGREEMENT - 3
($20,000 or Less, including WSST)
City any written or oral order (including directions, instructions, interpretations, and
determination).
VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING
FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE
CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work
provided under this Agreement in accordance with the provisions of this Agreement. In addition to any
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty
provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington.
Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained,
and will perform in accordance with their specifications and Vendor's representations to City. The Vendor
shall promptly correct all defects in workmanship and materials; (1) when Vendor knows or should have
known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or
discovery of the defect. In the event any part of the goods are repaired, only original replacement parts
shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for
that portion of the work shall extend for an additional year beyond the original warranty period applicable
to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a
reasonable time as determined by the City, the City may complete the corrections and the Vendor shall
pay all costs incurred by the City in order to accomplish the correction.
X. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the
Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates.
Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration,
Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached
Compliance Statement.
XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor
shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable
attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the
Vendor's part.
The provisions of this section shall survive the expiration or termination of this Agreement.
GOODS & SERVICES AGREEMENT - 4
($20,000 or Less, including WSST)
XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this
reference.
XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions
and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of
the contract work and shall utilize all protection necessary for that purpose. All work shall be done at
Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other
articles used or held for use in connection with the work.
XIV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XI of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the
performance of those operations.
GOODS & SERVICES AGREEMENT - 5
($20,000 or Less, including WSST)
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l. Public Records Act, The Vendor acknowledges that the City isa public agency subject tothe
Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
ernaUs, and other records prepared or gathered by the Cunsu1tanibn its performance of this Agreernent
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 satisfyimgthe CitY'sduties
> and obligations under the Public Records Act.
/
]. . Prior to commencing the tasks described in Section I,
� Contractor agrees to provide proof ofa current city of Kent business license pursuant toChapter 5.01 of
the Kent City Code.
K. . This Agreement may be executed in any
number of counterparts, each of which shall constitute an origina|, and a>( of which will togeihcr constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or ernaill 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 beXmv* 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 aff<rnncd, and the terms of the Agreement shall be deemed
tm have applied.
! VENDOR: CITY OJA
BY:—ri-144—, I
By:
Print N a me: Print Name: Carla Maloney, P.E.
It Its:
Design - - Manager
� DATE:
\ NOTICES TO BE .~SENT TO: � T NOTICES T�� ��� ���� ��'
| ' ' '
VENDOR: CITY OF KENT:
� Christopher Grose Timothy J, LaPorte, P.E.
� .'"mc Cmu/v/ Plan Co. of vvas^uogoou L."_ City of Kent
1245 Auburn Way N. #3115 220 Fourth Avenue South
� A U VVA9UUO� Kent 980
� `---' --- -4-- `'--,—~ �253/ 85" 5500 (`='=p.^".c)
I YATTES
Kent City Clerk
sonDS & SERVICES AGREEMENT - 6
(S20.0D0o,cesS, including kvS67)
^
DECLARATION
C1711-Y OF KEkwT EQUAL EMPLOYMENI" OPPORTUNITY POLICY
The City of Kent is [Onlnoitt2d to conform to Federal and State |3vvs regarding equal, opportunity.
As such all contractors, subcontractors and suppliers who perforrn work with relation to Lhi .
Agreement shall [nrnp|y with the regulations Of the City"5 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 Nnding,
If any contractor, subcontractor- or supplier- willfully nnisreprescnbsLhernseives with regard to the
. directives outlines, it will be considered @ breach of contract and it will be at the City'5 S0|8
determination regarding suspension or termination for aU or part of the Agreprnent;
The questions are asfollows:
`
! l. l have read the attached City of Kent administrative policy number 1-2.
`
� 2. During the time of this Agreement l will not discriminate in employment on the basis of
sex, race, [O}Or, national origin, age, or the presence of all sensory, nnenLa\ 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 cornrnitrnent as an equa! opportunity
employer.
.
4. During the time of the Agreement l, the prime contractor, wiU activeiy consider hiring and
promotion 0f women and minorities, -
5� Before acceptance of this Agreement, an adherence statement will be signed by rne. the
Prione Contractor, that the Pnnoe CVntracior cornp|ied with the requirements as set forth
above.
By signing below, l agree to fu\M|! the five requirements referenced above.
8y:
For� r
� L_~
Title:
Date:
EEO COMPLIANCE DOCUMENTS - lof3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3 of 3
Gi..4ic Control iC. n Co. ofWashington, LLC
EXHIBIT A
City of Kent 4/9/19
400 W Grove St
Kent, WA 98032
ATTN: Thomas Leyrer
Project objective: To provide all traffic control plans {TCP} for the 2019 4th & Willis
Roundabout-Phase 1 JUT project.
Key points that Traffic Control Plan Co. of WA, LLC will provide:
O TCP Co. of WA, LLC will draft all traffic control plans by 10 business days after
signed contract has been delivered to Traffic Control Plan Co. of WA, LLC.
Work on proposed TCP's will not commence until contract has been signed and
delivered via email to TCP Co. of WA, LLC. Herbal notice will„not be_accemoted:
O No charge will be applied to any in-house consultations or pre-cons that are requested.
O Payment terms for providing TCP's for this project shall be NET 30.
Task 1: Proposal for 2019 4th & Willis Roundabout-Phase 1 JUT project
Cost for each plan sheet shall be $175.00 per sheet.
20 sheets x $175.00 per sheet = $3,500.00
NOTE: Final cost of package will be determined by the final number of TCP's prepared.
i
Christopher D Grose
2
Plan Engineer/Owner
Traffic Control Plan Co. of WA, LLC
E
k
3 Traffic Control Plan Co.of WA,LLC•O:253-258-1419•email:chris@trafficcontrolplan.net
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.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $2,000,000 general
aggregate and a $2,000,000 products-completed operations
aggregate limit.
2. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $2,000,000 per
accident.
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 ANII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
CERTIFICATE OF LIABILITY INSURANCEDATE(MM/DD/YYYY)
09/17/2018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
;RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
'LOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
ZEPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
rINSURED
ANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
s and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
e holder in lieu of such endorsement(s).
CONTACT
NAME:
PHONE FAX
A/C No Ezt: A/C No
Sales Solutions Inc E-MAIL
ADDRESS:
UST ST
INSURERS AFFORDING COVERAGE NAIC#
ES IA 50391-2010 INSURERA: DEPOSITORS INSURANCE COMPANY 42587
INSURER B
INSURER C:
TRAFFIC CONTROL PLAN CO.OF WASHINGTON, LLC INSURERD:
1339 42ND ST NE
INSURER E:
AUBURN WA 98002-7036 INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR
LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP
MM/DD/YYYY MM/DD/YYYY LIMITS
X I COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE 1XI OCCUR EACH OCCURRENCE $ 2,000,000
PREMISES Ea occurrence $ 100,000
A MED EXP(Any one person) $ 5,000
X ACP GLDO 3008459207 109/25/2018 09/25/2019 PERSONAL BADVINJURY I $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE E 4,000,000
OTHER:
X POLICY❑ PRO-
JECT LOC
PRODUCTS-COMP/OPAGG $ 4,000,000
�AWTOMDBILE LIABIUTY $
COMBINED SINGLE LIMIT
ANY AUTO I Ea accident $
ALL OWNED SCHEDULED I BODILY INJURY(Per person) $
AUTOS ALTOS
NON-OWNED I BODILY INJURY(Per accident) $
HIRED AUTOS AUTOS PROPERTY DAMAGE
Per accident $
UMBRELLA LIAB $
OCCUR
EXCESS LIAB CLAIMS-MADE EACHOCCURRENCE $
DED
AGGREGATE $
RETENTION$
WORKERS COMPENSATION $
AND EMPLOYERS'LIABILITY PER OTH- _
ANYPROPRIETOR/PARTNER/EXECUTIVE Y/N STATUTE ER
OFFICER/MEMBER EXCLUDED? ❑ N/A(Mandatory in NH) E.L.EACH ACCIDENT $
If yes,describe under E.L.DISEASE-EA EMPLOYEE $
DESCRIPTION OF OPERATIONS below
E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required)
Certificate holder is additional insured on form CG7288.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
City of Kent
400 W GOWe St AUTHORIZED REPRESENTATIVE
Kent WA 98032 Daniel Lynch
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD ACORD CORPORATION. All rights reserved.
COMMERCIAL GENERAL LIABILITY
CG 72 88 12 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS ENHANCEMENT ENDORSEMENT
INCLUDING MEDICAL PAYMENTS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Lost Key Coverage C. Non-Owned Watercraft
1. Under Section I — Coverages, Coverage A Under Section I — Coverages, Coverage A
Bodily Injury And Property Damage Bodily Injury And Property Damage Liability,
Liability, coverage is extended to include 2. Exclusions Exclusion g. Aircraft, Auto Or
the following: Watercraft Paragraph (2)(a) is replaced with:
If a customer's master or grand key, (a) Less than 51 feet long;and
excluding electronic key card, is lost,
damaged or stolen while in your care; D. Expanded Property Damage Coverage
custody or control we will pay the cost of I. For the purposes of this endorsement only:
replacing the keys, including the master lock Section I — Coverages, Coverage A
and all keys used in the same lock, the cost Bodily Injury And Property Damage
of adjusting locks to accept the new keys, or Liability, 2. Exclusions, Exclusion j.
the cost to replace the locks, whichever is Damage To Property is amended as
less. follows:
2. Limit of Insurance— For the purpose of this a. Paragraphs (3), (5), and (6) are deleted
coverage, the most we will pay is $10,000 in their entirety.
per "occurrence". b. Paragraph (4) is deleted in its entirety
B. Voluntary Property Damage and replaced with:
1 Under Section I — Coverages, Coverage A (4) Personal property in the care
Bodily Injury And Property Damage Liability, custody, or control of the insured:
coverage is extended to indude the following:
(a) For storage or sale at premises
At your request, we wilt pay for 'property you own, rent or occupy.
damage" to Y py;or
a9 property of others caused by you (b) While beingtrans orted b an
and while in your possession, arising out of your p Y y
business operations and occurring during the aircraft, "auto", or watercraft
policy period owned or operated by or rented
to or loaned to any insured.
2. Limit of Insurance — For the purpose of this
coverage the most we will pay is $1,500 per C. The coverage provided by this
"occurrence". endorsement does not apply to
C. Non-Owned Watercraft "property damage":
out
the disappearance
Under Section I — Coverages, Coverage A (1) Arising
use offpe personal property;or r
o
Bodily Injury And Property Damage Liability, (2) Included in the "products-completed
2. Exclusions Exclusion g. Aircraft, Auto Or
Watercraft Paragraph (2) (a) is replaced with: operations hazard".
(a) Less than 51 feet long: and
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CG72881216
2. Limit of Insurance - The most we will pay F. Supplementary Payments
for loss arising out of any one "occurrence" Under Section I — Coverages, Supplementary
is$5,000. Payments — Coverages A and B Paragraphs
3. Deductible - Our obligation to pay for a 1.b. and 1.d. are replaced with:
covered loss applies only to the amount of b. Up to $2,500 for cost of bail bonds required
loss In excess of$250. because of accidents Or 'traffic law violatio
ns
We will pay the deductible amount to effect arising out of the use of any vehicle to which
settlement of any claim or "suit" and upon the Bodily Injury Liability Coverage applies.
notification having been taken you shall We do not have to furnish these bonds.
promptly reimburse us for the deductible as d. All reasonable expenses incurred by the
has been paid by us. insured at our request to assist us in the
This insurance is primary to any expanded investigation or defense of the claim or
damage coverage provided by a separate "suit", including actual loss of earnings up to
endorsement attached to this policy, and it $5vv a udy UtjudUBc of 11018 off 11 V111 wore.
will supplant any deductible in said G. Newly Formed And Acquired Organizations
endorsement. Under Section if — Who is An Insured
E. Damage To Premises Rented To You Paragraph 3.a. is replaced with:
1. Under Section i —Coverages, Coverage A a. Coverage under this provision is afforded
Bodily Injury And Property Damage only until the 180m clay after you acquire or
Liability, the last paragraph of 2. form the organization or the end of the policy
Exclusions is replaced with: period; whichever is earlier,
If Damage To Premises Rented To You is H. Additional Insured — Automatic Status When
not otherwise excluded, Exclusions c. Required In An Agreement Or Contract With
through n. do not apply to damage by fire, You
4n htninn Av nin��n �m�ira nr enrinkinr
leakage to premises while rented to youor Section a — who is an insured is amended iv
include:
temporarily occupied by you with permission
4. Any person(s)
of the owner. A separate limit of insurance ns) or organization(s) described
applies to this coverage as described in in Paragraphs a. — d. below with whom you
Section III — Limits Of Insurance. have agreed in writing in a contract or
2. Under Section III — Limits Of Insurance, written agreement that such person or
Paragraph 6. is replaced with: organization be added as an additional
insured on your policy during the policy
6. Subject to 5. above, the Damage To period shown in the Declarations.
Premises Rented To You Limit is the The person or organization added as an
most we will pay under Coverage A for insured by this endorsement is an insured
damages because of "property damage" only for liability due to:
to any one premises, while rented to
you, or in the case of damage by fire; a. Lessors of Leased Equipmern with
lightning, explosion, smoke or sprinkler respect to their liability for"bodily injury",
leakage, while rented to you or "property damage", or "personal and
temporarily occupied by you with advertising injury", caused in whole or in
permission of the owner. The limit is part by your maintenance, operation or
increased to $1,000,000 use of equipment leased to you by such
person(s) or organization(s). This
3. Under Section IV — Commercial General insurance does not apply to any
Liability Conditions, Condition 4. Other "occurrence" which takes place after the
Insurance, b. Excess Insurance (1) (a) (ii) lease expires.
is replaced with:
However, their status as additional
(ii) That is Fire, Lightning; Explosion;
Smoke, or Sprinkler leakage insured under this policy ends when
their lease, contract, or agreement with
insurance for premises rented t o
you for such leased equipment expires.
you or temporarily occupied by you
with permission of the owner.
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b. Managers or Lessors of Premises CG 72 88 12 16
d Owners, Lessees, or Contractors with
with respect to liability arising out of the respect to liability for "bodily injury",
ownership, maintenance, or use of that "property damage", or "personal and
Part of the premises you own, rent, advertising injury" caused, in whole or in
lease, or occupy. part, by;
This insurance does not apply to: (1) Your acts or omissions; or
(1) Any "occurrence" which takes place (2) The acts or omissions of those
after you cease to be a tenant in acting on your behalf;
that premises.
in the performance of your ongoing
(2) Structural alterations, new con- operations performed for that
struction or demolition operations additional insured, whether the work
performed by or on behalf of the is performed by you or on your
person or organization. behalf.
However, their status as additional The insurance does not
insured under this policy ends when you apply to:
"cease to be a tenant of such premises. (1) Bodily injury", 'property damage",
c. State or Political Subdivision — or "personal and advertising injury"
arising out of the rendering of or the Permits Relating to Premises with
respect to the following hazards for failure to render any professional
architectural; engineering, or survey which the state or political subdivision
services, including:
has issued a permit or authorization in
connection with premises you own, rent (a) The preparing, approving, or
or control and to which this insurance failing to prepare or approve
applies: maps, shop drawings, opinions,
(1) The existence, maintenance, repair, reports, survey, field orders,change orders, or drawings and
construction, erection, or removal of
advertising signs, awnings, specifications: or
canopies, cellar entrances, coal
(b) Supervisory, inspection, archi
holes, driveways, manholes, tecturai, or engineering activ-
marquees, hoist away openings, hies.
sidewalk vaults, street banners, or (2) "Bodily injury" or "property damage"
decorations and similar exposures, occurring after:
or (a) All work, including materials,
(2) The construction, erection, or parts, or equipment furnished in
removal of elevators;or connection with such work, on
The ownership maintenance; or use of the project (other than service,
any elevators covered by this insurance. maintenance r repairs)on behalf of of be
This insurance does not apply to: performed by or the
additional at the
(1) "Bodily injury" or "property damage" location insured(s)hcovered
or "personal or advertising injury" operations has been completed;
arising out of operations performed or
for the state or municipality; or (b) That portion of "your work" out
(2) "Bodily injury" or "property damage" of which the injury or damage
included within the "products- arises has been put to its
completed operations hazard". intended use by any person or
However, such state or political organization other than another
subdivision's status as additional contractor or subcontractor
insured under this policy ends when the engaged in performing
permit ends. operations for a principal as a
part of the same project.
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with its permission. Page 3 of 5
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