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HomeMy WebLinkAboutCAG2019-468 - Original - 4th Ave S & Willis St Roundabout - Traffic Control Plans Agreement Routing Form KENT For Approvals, Signatures and Records Management W A H I N GT ON This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator: Nancy for Thomas Leyrer Department: Public Works Date Sent: 11/20/19 Date Required: 11/26/19 ea > Authorized Director or Designee Date of I- to Sign: Council N/A QMayor Approval: Budget R90112 Grant? Yes ❑� No Account Number: Type: N/A Vendor g Name: Traffic Control Plan Co. of Washington LLC Cate or 9 Y: Contract C Vendor 1688086 Sub-Category 0 Number: A Project E Name: 4th Ave. S. & Willis St. Roundabout L.0 . Project C Details: Prepare traffic control plans for the project. c EAgreement 6 125 Basis for 0 Amount: Selection of y Contractor. Q Start Date: 11/18/19 Termination Date: 1 Z/31/Z 0 Notice required prior to Yes No Contract Number: ��C}-(s- j�c� —��� disclosure? Date Received by City Attorney: Comments: to s 'M 0 0 a i A a Date Routed to the Mayor's Office: in .40 Date Routed to the City Clerk's Office: ar! cc Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 • KENT W A 5 H 1 N G T O N 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 4th Avenue S. and Willis Street Roundabout 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, 2020. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Six Thousand, One Hundred Twenty Five Dollars ($6,125), 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 created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an GOODS & SERVICES AGREEMENT - 2 ($20,000 or Less, including WSST) amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the GOODS & SERVICES AGREEMENT - 3 ($20,000 or Less, including WSST) City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement, XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. GOODS & SERVICES AGREEMENT - 4 ($20,000 or Less, including WSST) XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT - 5 ($20,000 or Less, including WSST) L PU,41,jr,I cardS Ar 1. The Vendor acknowledges that the City is a public agency subject to the Public lRecords Ac-,t codified in Chapter 42.56 or 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, evert if these reCQrds are not produced to or possessed by t1te City gar Kent. As such, the Vendor agrees to cooperate fi)liy with the City in satisfying the City's duties and obligations under the Public Records Act. J. Cit1j l3ustries License . Prior to commencing the tasks described in Section 1, Contractor ijgrees to provide proof of Ft r.tjrrF-nr rity of Kent business license pursuant to Chapter 5.D1 of the Kent City Code, K. CDigiteLparts and Signatures by Fax or Emaii, This Agreement may be exeruted in any number of counterparts, each of which shall constitute an origimal, and all of wbich wIll together constitute this one Agrearrient. Further, upon executing this Agreement, e!ther party may deliver the signature page to, the other by fax or entail and that signature shall have the same force and eflect as if the Agreement bearRng 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 act% consititent with the authority of this Agreement and prior to its effective date are ratffled and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: CITY OF ENT-. By LX By: t, / -7 Print Name.- Print Name. Timothy 3. LaPOrter P.E. Its: �i, Its: Public Works Director A-e DATE: DATE. ........... .......... 'WO—TTCES To,BE SENT TO: NOTICES To BE SENT TO: VENDOR. CITY OF KENT: Christopher Grose Timothy 3, LaPorte, P,E, Traffic Contra[ Na n Co. of Washirif gton, LLC City of Kent 1245 Aubum Way N. *315 220 Fourth Avenue South Aubum, WA 98002 Kent, WA 9SD32 (253) 258-1419 (telephone) (253) 856-5500 (telephone) N/A (facsimile) (253) :R56-6506 (facsimile) T. A7, , A ktr- Kent C�tv dark G01JUS 8k 5ERV1(--E-% AGREEMENT- 6 k'126�,OOD or v?duuling 11/557) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNrry 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 pollcles. 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 valld and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the, directives outlines, it wilt be considered a breach of cntract and it will be at the City's sole determination regarding 5uspenslon or termination for all or part of the Agreement; The questions areas follows: I. 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 ttle basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors Indicating commitment as an equal opportunity employer. 4. During the time of the Agreement 1, the prime contractor, will actively consider hiring and promotion of women and minorities. 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 heiow, I agree to fulfill the five requirements referenced above. P I For: Title, Date: EEO COMPUANCE DOCUMENT5 - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 Traffic Control Plan Co. of Washington, LLC EXHIBIT A Gontroll t City of Kent 11/5/19 400 W Gowe St Kent, Wa 98032 ATTN: Thomas Leyrer Proiect obiective: To provide all traffic control plans (TCP) for the 41h and Willis Roundabout Project. Key points that Traffic Control Plan Co. of WA, LLC will provide • Work on Proposed TCP's will not commence until contract has been signed and delivered via email to TCP Co. of WA. LLC. verbal notice will not be accepted. ° No charge will be applied to any in-house consultations or pre-cons that are requested. ° Payment terms for providing TCP's for this project shall be NET 30. Task 1: Proposal for 4t" and Willis Roundabout Project y Cost for each plan sheet shall be $175.00 Per sheet. 35 Sheets X $175.00 per sheet = $ 6,125.00 NOTE: final cost of package will be determined by the final number of TCP's prepared. REVISIONS: No additional charge (whether customer needs revisions or approving authority). We do not charge sales tax Christopher D. Grose r�" 7 Plan engineer/Owner Traffic Control Plan CO. of WA, LLC Traffic Control Plan Co.of WA,LLC O:253-258-1419 email:chrisotrafficcontrolplan.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. 1 , ACo CERTIFICATE OF LIABILITY INSURANCE P ATE(MM/DD/YYYY) 09/26/2019 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 SOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED t<EPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER FADDRESS� CT FAX ENO: A/C No, NATIONWIDE SALES SOLUTIONS INC 1200 LOCUST ST DEPT 2010 INSURERS AFFORDING COVERAGE NAIC# DES MOINES IA 50391-2010 ERA: DEPOSITORS INSURANCE COMPANY 42587 INSURED INSURER B INSURER C: TRAFFIC CONTROL PLAN CO.OF WASHINGTON,LLC INSURER D: 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 POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSQ WVQ POLICY NUMBER MM(DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE F\—/7 OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 I� MED EXP(Any one person) $ 5,000 A I— ACP GLDO 3028459207 09/25/2019 09/25/2020 PERSONAL 8 ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY JECT LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: 1UTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS Per accident $ $ H�---i UMBRELLA LIAB OCCUR EACH OCCURRENCE $ LlI EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/M EMBER EXCLUDED? ❑ N/A $ Mandatory in If yes,describe under E.L.DISEASE-EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The above mentioned general liability policy includes data compromise coverage with a response expense limit of$50,000 and defense and liability limit of $50,000.The above mentioned general liability policy includes computer attack coverage with a limit of$50,000.The above mentioned general liability policy includes identity recovery coverage with a limit of$25,000. 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 GOwe St AUTHORIZED REPRESENTATIVE Kent WA,98032 Daniel Lynch ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG72881216 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, D. Expanded Property Damage Coverage damaged or stolen while in your care, custody or control we will pay the cost of 1. 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 include the following: (a) For storage or sale at premises At your request, we will pay for "property you own, rent or occupy; or damage" to property of others caused by you (b) While being transported by any and while in your possession, arising out of your aircraft, "auto", or watercraft business operations and occurring during the owned or operated by or rented policy period. to or loaned to any insured. 2. Limit of Insurance— For the purpose of this c. The coverage provided by this coverage the most we will pay is $1,500 per endorsement does not apply to "occurrence". "property damage": C. Non-Owned Watercraft (1) Arising out of the disappearance or Under Section I — Coverages, Coverage A loss of use of personal property; or Bodily Injury And Property Damage Liability, (2) Included in the "products-completed 2. Exclusions Exclusion g. Aircraft, Auto Or operations hazard". Watercraft Paragraph (2) (a) is replaced with: (a) Less than 51 feet long; and CG 72 88 12 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 5 with its permission. ACP 3028459207 - TRAFFIC CONTROL PLAN CO. OF WASHINGTON, LLC 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 violations 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 $500 a day because of time off from work. will supplant any deductible in said G. Newly Formed And Acquired Organizations endorsement. Under Section 11 — 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 180th day after you acquire or Liability, the last paragraph of 2. t F y F 9 F 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 lightning, explosion, smoke, or sprinkler Section II — Who Is An Insured is amended to leakage to premises while rented to you or include: temporarily occupied by you with permission of the owner. A separate limit of insurance 4. Any person(s) 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 Equipment 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 3. Under Section IV — Commercial General person(s) or organization(s). This Liability Conditions, Condition 4. Other insurance does not apply to any Insurance, b. Excess Insurance (1) (a) (ii) "occurrence" which takes place after the is replaced with: lease expires. (ii) That is Fire, Lightning, Explosion, However, their status as additional Smoke, or Sprinkler leakage insured under this policy ends when insurance for premises rented to their lease, contract, or agreement with you for such leased equipment expires. you or temporarily occupied by you with permission of the owner. Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 72 88 12 16 with its permission. ACP 3028459207 - TRAFFIC CONTROL PLAN CO. -0-F WASH INGTON, LLC CG72881216 b. Managers or Lessors of Premises 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 apply to: insured under this policy ends when you (1) "Bodily injury", "property damage", cease to be a tenant of such premises. or "personal and advertising injury" c. State or Political Subdivision — arising out of the rendering of or the Permits Relating to Premises with failure to render any professional respect to the following hazards for architectural, engineering, or survey which the state or political subdivision services, including: has issued a permit or authorization in (a) The preparing, approving, or connection with premises you own, rent failing to prepare or approve or control and to which this insurance maps, shop drawings, opinions, applies: reports, survey, field orders, (1) The existence, maintenance, repair, change orders, or drawings and construction, erection, or removal of specifications: or advertising signs, awnings, (b) Supervisory, inspection, archi- canopies, cellar entrances, coal tectural, or engineering activ- holes, driveways, manholes, ities. marquees, hoist away openings, 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 project (other than service, The ownership, maintenance, or use of maintenance or repairs) to be any elevators covered by this insurance. performed by or on behalf of the This insurance does not apply to: additional insured(s) at the (1) "Bodily injury" or "property damage" location of the covered 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 organization other than another However, such state or political contractor or subcontractor subdivision's status as additional engaged in performing insured under this policy ends when the operations for a principal as a permit ends. part of the same project. CG 72 88 12 16 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 5 with its permission. ACP 3028459207 - TRAFFIC CONTROL PLAN CO. OF WASHINGTON, LLC CG72881216 However, a person or organization's This coverage does not apply if Coverage C — status as additional insured under Medical Payments is excluded either by the this policy ends when your provisions of any coverage forms attached to the operations for that additional insured policy or by endorsement. are completed. K. Knowledge Of An Occurrence With respect to the insurance afforded to Under Section IV — Commercial General such additional insureds a. — d. described Liability Conditions, the following is added to above the following is added to the Section Condition 2. Duties In The Event Of III—Limits Of Insurance: Occurrence, Offense, Claim Or Suit: If coverage provided to the additional e. Knowledge of an occurrence, offense, claim insured is required by a contract or or suit by an agent or employee of any agreement, the most we will pay on behalf of insured shall not in itself constitute the additional insured is the amount of knowledge of the insured unless you, a insurance: partner, if you are a partnership; or an 1. Required by the contract or agreement: executive officer, or insurance manager, if or you are a corporation receives such notice 2. Available under the applicable Limits of of an occurrence, offense, claim, or suit from Insurance shown in the Declarations; the agent or employee. whichever is less. f. The requirements in Paragraph b. will not be This endorsement shall not increase the considered breached unless there is applicable Limits of Insurance shown in the knowledge of occurrence as outlined in Declarations. Paragraph e. above. However, the insurance afforded to such L. Unintentional Failure To Disclose Hazard additional insureds a.—d. described above: Under Section IV — Commercial General 1. Only applies to the extent permitted by Liability Conditions, Condition 6. law; and Representations the following paragraph is added: 2. Will not be broader than that which you d. Your failure to disclose all hazards or prior are required by the contract or "occurrences" or offenses existing as of the agreement to provide such additional inception date of the policy shall not insured. prejudice the coverage afforded by this I. Aggregate Limit Per Project policy provided such failure to disclose all Under Section III — Limits Of Insurance The hazards or prior "occurrences" or offenses is following paragraph is added to Paragraph 2: not intentional. This provision does not The General Aggregate Limit under Section III affect our right to collect additional premium Limits Of Insurance applies separately to each or exercise our right of cancellation or non- of your construction projects away from renewal. premises owned by or rented to you. M. Waiver Of Subrogation J. Medical Payments Under Section IV — Commercial General Under Section III — Limits Of Insurance, Liability Conditions, 8. Transfer Of Rights Of Paragraph 7. is replaced with: Recovery Against Others To Us the following 7. Subject to 5. above,the higher of: paragraph is added: a. $10,000; or If required by a written contract executed prior to loss, we waive any right of subrogation we may b. The amount shown in the Declarations have against the contracting person or for Medical Expense Limit is the most organization because of payments we make for we will pay under Coverage C for all injury or damage arising out of your ongoing medical expenses because of "bodily operations or "your work" done under a contract injury"sustained by one person. with that person or organization and included in the "products-completed operations hazard". Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 72 88 12 16 with its permission. - — ACP 3028459207 - TRAFFIC CONTROL PLAN CO. OF WASHINGTON, LLC - — CG72881216 N. Liberalization O. Broadened Bodily Injury Definition (Mental Under Section IV — Commercial General Anguish) Liability Conditions, the following condition is Under Section V — Definitions Definition 3. added: "Bodily Injury" is replaced with: 10. Liberalization 3. `Bodily injury" means physical injury, If we revise this coverage form to provide sickness, or disease to a person and if more coverage without additional premium arising out of the foregoing, mental anguish, charge, your policy will automatically provide mental injury, shock, or humiliation, the additional coverage as of the day the including death at any time resulting revision is effective in your state. therefrom. All terms and conditions of this policy apply unless modified by this endorsement. CG 72 88 12 16 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 5 with its permission. ACP 3028459207 - TRAFFIC CONTROL PLAN CO. OF WASHINGTON, LLC Wakefield, Wendy From: Christopher Grose <chris@trafficcontrolplan.net> Sent: Thursday, December 14, 2017 4:14 PM To: Wakefield,Wendy Subject: RE:Your Nationwide Commercial Insurance Attachments: image001.emz; Contractor's Enhancement.pdf Wendy- Attached is the CG7288 form. If this is not what you need, let me know and I will call my agent. Below is an email & link pertaining to the L& I requirements for the State of Washington. As a sole proprietor, I am not required to carry Workman's Compensation. I received this reply on 6/16/17 from Lila Allenton. See below between �. brackets. [Hello Chris, Below is a link to Labor and Industries Limited Liability Companies. http://www.ini.wa.gov Claimslnsflnsurance/LearnJOpen/Llc.asp ,All 111arratlers who arcs also rna unber s m the LLC ate excluded f10111 rnveta e. Thankyou Lila �111�znton ,�Ieeount f)roeQs6or Team I Cmplog¢r�5¢rvie¢� V¢pt of labor and Indu5triszs wign235P1ni.wa.Aoy P: 360-902-4.813 As for the Automobile insurance requirements....my business does not have any vehicles listed or registered as company assets. My work is done using phone&email. I do not visit any jobsites nor do I provide labor, equipment or onsite job consults. Feel free to contact me with any other questions. Thank you. 1