HomeMy WebLinkAboutCAG2020-155 - Original - 2020 Plastic MarkingsApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
o Director or Designee o Mayor
Date of Council Approval:
Budget Account Number:
Budget? o Yes o No
Grant? o Yes o No
Type:Review/Signatures/RoutingDate Received by City Attorney:Comments:
Date Routed to the Mayor’s Office:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? o Yes o No*
*If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
o Yes o No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
JECB, LLC
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter
the "City"), and JECB, LLC organized under the laws of the State of Washington, located and doing business
at PO Box 832, Auburn, WA 98071, Phone: (253) 405-4654, Contact: Jamie Hicks (hereinafter the
"Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following described
plans and/or specifications:
The Consultant shall provide construction project management services for the 2020 Plastic
Markings Project. For a description, see the Consultant's Scope of Work which is attached as
Exhibit A and incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II.TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work
described in Section I by December 31, 2021.
III.COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Thirty Four Thousand, Eight Hundred Fifty Dollars ($34,850), for the services described in this
Agreement. This is the maximum amount to be paid under this Agreement for the work
described in Section I above, and shall not be exceeded without the prior written authorization
of the City in the form of a negotiated and executed amendment to this agreement. The
Consultant agrees that the hourly or flat rate charged by it for its services contracted for
herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the
effective date of this Agreement. The Consultant's billing rates shall be as delineated in
Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement. The City shall provide
payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the parties will immediat ely make every
effort to settle the disputed portion.
IV.INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal Revenue
Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant’s
business, and has obtained a Unified Business Identifier (UBI) number from the State
of Washington.
F. The Consultant maintains a set of books dedicated to th e expenses and earnings of its
business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the
City’s use of Consultant’s records or data is not related to this project, it shall be without liability or legal
exposure to the Consultant.
VI.DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment rel ates. Consultant shall execute
the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
VII.INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connec tion with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless,
and Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemni fication 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 Consultant’s part, then
Consultant shall pay all the City’s costs for defense, including all re asonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal
on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII.INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
IX.EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable
accuracy of any information supplied by it to Consultant for the purpose of completion of the work under
this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by
the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s
request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act
codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate
fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use
or reuse of any of the documents, data, and files created by Consultant for this project by anyone other
than Consultant on any other project shall be without liability or legal exposure to Consultant.
XI.CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with
the authority to control and direct the performance and details of the work authorized under this Agreement,
the work must meet the approval of the City and shall be subject to the City's general right of inspection to
secure satisfactory completion.
XII.WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize a ll protection necessary for that purpose. All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials,
tools, or other articles used or held for use in connection with the work.
XIII.MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non -assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be made
without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part of
or altering in any manner this Agreement. All of the above documen ts are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Consultant's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties
and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
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06/02/2020
EEO COMPLIANCE DOCUMENTS - 2
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 - 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: _________________________________________
IECBGeotechnical EngineeringDate: 5-15-20Special InspectionsProjecf City of Kent -2020Materials TestingConstruction InspectionsPlastic MarkingsFile #:Crry oF KENT220 - 4t}. Avenue S.Kent, WA 98032-5895Re: Proposed Scope of Services for "2020- Plastic Markings"At¡r: Mr. Paul Kuehne, Construction Management SupervisorAfter reviewing the project plans and specifications we have compiled a list of items that we feel will berequired for our successful completion of this contract. Below please find a list of services and their briefscope that we will provide for this contract. Our personnel will perform Construction Project Management.Anticipated Construction Inspection Services:Serve as a construction representative, attend andf or conduct all on site project meetings, performproject coordination with all pertinent parties, respond to property owner and contractor conflicts.Communicate with the public, as necessarf; investigate and resolve construction complaints;communicate with departments, personnel, and outside agencies to coordinate efforts and exchangeinformation.Maintain a construction file, keeping files in order, logs and construction records, employee's workassignments and inspection actives, including daily reports, field measurement sheets, etc.Ensure appropriate quality control and inspection is in compliance with plans, codes, andregulations, utilization of WSDOT construction standardsFurnish weekly updates of the contractor's progress of work completed and of compliance with theprogress schedule, quantity tracking and measurement of bid items, prepare progress pay estimates,review and negotiation of force account work.Review of Plans and Specifications, engineering design conflict resolutiory propose resolution of in-field constructability problems, quality control and assurance.Review preliminary and final conkact plans, specifications and submittals with appropriate staff forcorrechress, completeness and constructability.JECB has been performing Construction Inspection services in the south Puget Sound region for 15 plusyears. We have successfully completed numerous large federal and city projects with similar scope to thecurrent project. We are amply staffed to provide excellent services in a timely marìner for this project andunderstand the importance of flexibility when scheduling. Therefore we can respond to last minute orunanticipated scheduling needs promptly. Due to the weather sensitivity for this scope of work ourflexibility to be available on short notice should adequate weather be forecast is of utmost importance.If you have any questions or if JECB can be of any further assistance please call on us at (253) 4054654Respectfully Submitted,JECBf^.,.*;" k¿¿*Jamie HicksPhone: (253) 405-4654 Email: jecboffice@gmail.comPO Box 832 Auburn WA98071aaaaaaExhibit A
IECBGeotechnical EngineeringSpecial InspectionsMaterials TestingConstruction InspectionsDate: 5-15-20Project City of Kent -2020Plastic Markings#:Schedule of Fees & Services, SCHEDULE AEstimated Services -PROFESSIONAL SERVICESPriceHours$1,s00.00$32,200.00M. Hicks$1,r50.00M. Hicks$0.00$0.00$34,8s0.0030280l0TOTALper hourper hourPer hourNOCHARGENOCHARGE$50.00$r 15.00$l15.00Administrative ServicesConstruction InspectorProject ManagerMileageSample Pick UpESTIMATED PROJECT TOTALContract only executed after specific Notice to Proceed (NTP) received from City of Kent.Phone: (253) 4054654 Email jecboffice@gmail.comPO Box 832 Auburn WA 98071
EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1.Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2.Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Consultant’s Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3.Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4.Professional Liability insurance appropriate to the Consultant’s
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1.Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2.Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $2,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit.
EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less
than $2,000,000 per claim and $2,000,000 policy aggregate limit.
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 Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant’s
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer’s liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
--A,CORD"l---
JECBLLC-02
CERTIFIGATE OF LIABILITY INSURANCE DÂTE (MM/DD/YYYY)
6t26t2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE GERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHEPOLICIESBELOW' THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE tSSUtNc TNSURER(S), AUTHORTZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: lf the certificate holder is an ADDTTIONAL tNSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.lf SUBROGATION lS WAIVED, subject to the terms and cond¡tions of the policy, certain may require an endorsement. A statement onthis certificate does not confer riohts to the certificate holder in lieu of such
PRODUCER
Griffin MacLean lnc
2340 130th Ave NE D150
Bellevue, WA 98005
CONTACT
NÁME:
fÆ8)'F", u,u' (42s\ 822-1368 ffi, n",,1425¡ 822-2737
I ean.com
!!\¡S U RER(S) AFFORDING COVERAG E NAIC #
TNSURER A, Ohio Securitv lnsurance Co 24082
INSURED
JECB, LLC
Jamie Hicks
PO BOX 832
Auburn, WA 98092
INSI.JRER B :
INSURER C ;
INSI.JRER D:
INSI,JRER E :
INSURER F :
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE.. EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROúISIO¡¡S. - -- -_ 'City of Ke4t Public Works Department
220 Fourth Avenue South
Kent, WA 98032
AUTHORIZED REPRESENTATIVE
o 1988.20,t5 ACORD
The ACORD name and logo are registered marks of ACORD
ACORD 25 (2016/03)
CORPORATION. All rights reserved.
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
1223n019
THIS CERTIFICATE IS ISSUEDASA MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERÎFICATE DOES NOTAFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTTTUTEA CONTRACT BETWEEN THE tSSUtNc TNSURER(S), AUTHORTZED
REPRESENTATIVE OR PRODUCER, AND THE CER]]FICATE HOLDER.
IMPORIANT lf ths certificate holdor ls an ADDITIONAL INSURED, tho pot¡cy(les) must be sndorsed, lf SUBROGATION lS WAIVED, subject to
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PRODUCER
Sanford lnsurance lnc
909 S 336th St Ste 102
Federal Way wA 98003 TNSURERA : Continental Casualty 20443
INSURED
JECB, JECB, lnc, JEBC - Jason Enginerring & Consulting
PO Box 832
Auburn wA 98071
INSURER B
INSLJRER C :
INSURER D
INSURER E
INSURER F
CERTIFICATE NUMBE REVISI
POLICIES OF INSURANCE LISTED BELOWHAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDINGANYREOUIREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWTHRESPECTTOWHICHTHIS
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Y/N
N/A
E L DISEASF - POI ICY I IMIT $
Professional Liability
MCH591896631 12ß1n419 12ß1nO20 $2,000,000 / $2,000,000 - PL
/LOCATIONS/VEHICLES (ACORDl0l,Addltlonal Romrrksschedulc,maybêåttachodlfmorcsprcelsrequlred)DESCRIPTION OF OPERATIONS
Evidence of lnsurance
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION OATE 'IHEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH 'THE POLICY PROVISIONS.
wA 98032Kent
I
City of Kent Public Works
2200 4th Ave So
rl¿M
AUTHORIZED REPRESENTATIVE
O l988-2014 ACORD CORPORATION. Ail rights reserved.
lhe ACORD name and logo are registered marks of ACORDACORD 25 (2O14t01].
BUSINESSOWNERS
BP 79 96 09 t6
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESSOWNERS LIABILITY EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following
BUSINËSSOWNERS COVERAGE FORM
Below is a summarization of the coverages provided by this endorsement. No coverages are given by this
summary. Actual coverage descriptions are within this endorsement.
SECTION SUBJECT
A. Supplementary Payments
Bail Bonds
Loss Of Ëarnings
Broadened Coverage For Damage To Premises Rented To you
lncidental Medical Malpractice lnjury
Mobile Equipment
Blanket Additional lnsured (Owners, Contractors Or Lessors)
Newly Formed Or Acquired Organizations
Aggregate Limits
Duties ln The Event Of Occurrence, Offense, Claim Or Suit
Liability And Medical Expenses Definitions
Bodily lnjury
lnsured Contract
Personal And Advertising lnjury
Section ll - Liability is amended as follows:
A. Supplementary Payments
Section A.l. Business Liability is modified as follows:
'1. The $250 limit shown in Paragraph A.f .f.(1xb) Coverage Extension - Supplementary payments for thecost of bail bonds is replaced by a 93,000 limit.
2. The $250 limit shown in Paragraph A.r.f.(1Xd) Coverage Extension - Supplementary payments forreasonable expenses and loss of earnings is replaced by a g500 limit.
B. Broadened Coverage For Damage To premises Rented To you
1' The last paragraph of Section B.l. Exclusions - Applícable To Business Liability coverage is replacedby the following:
with respect to the premises which are rented to you or temporarily occupied by you with the permis-sion of the owner, Excrusions c., d., e., g,, h., k., r., m., n. and o. do not appry to ,,pioperty camagä".
B.
c,
D.
E.
F
G.
H.
¡.
o zO16 Liberty Mutual lnsurance
lncludes copyrighted material of lnsuraÁceservices office, lnc.,with its permissionBP 79 96 09 16 Page I of 4
2. Paragraph D.2. Liability And Medical Expenses Limits Of Insurance is replaced by the following:
The most we will pay under this endorsement for the sum of all damages because of all "property
damage" to premises while rented to you or temporarily occupied by you with the permission of the
owner is the Limit of lnsurance shown in the Declarations.
3. Paragraph D.3. Liability And Medical Expenses Limits Of lnsurance does not apply.
C. lncidental Medical Malpractice lnjury
1. Paragraph (4) under Paragraph 8.1.j. Exclusions - Applicable To Business Liability Coverage - profes-
sional Services does not apply to "lncidental Medical Malpractice lnjury" coverage.
2. Wth respect to this endorsement, the following is added to Section F. Liability And Medical Expenses
Defínitions:
a' "lncidental Medical Malpractice lnjury" means bodily injury arising out of the rendering of or
failure to render, during the policy period, the following services:
(1) Medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or
beverages in connection therewith; or
(21 The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances.
b. This coverage does not apply to:
(1) Expenses incurred by the insured for first-aid to others at the time of an accident and the
Duties in the Event of Occurrence, Offense, Claim or Suit Condition is amended accordingly.
(2) Any insured engaged in the business or occupation of providing any of the services described
under a. above.
(3) lnjury caused by any indemnitee if such indemnitee is engaged in the business or occupation
of providing any of the services described under a. above.
D. Mobile Equipment
Section C' Who ls An lnsured is amended to include any person driving "mobile equipment" with your
permission.
E. Blanket Additional lnsured (Owners, Contractors Or Lessors)
I' Section G. Who ls An lnsured is amended to include as an insured any person or organization whomyou are required to name as an additional insured on this policy under a written cóntract or writtenagreement. The written contract or agreement must be:
a. Currently in effect or becoming effective during the term of this policy; and
b. Executed prior to the "bodily injury", "property damage", or "personal and advertising injury".
2. The insurance afforded to the additional insured is limited as follows:
a' The person or organization is only an additional insured with respect to liability arising out of:
(1) Real property, as described in a written contract or written agreement, you own, rent, lease,maintain or occupy; and
(2) Caused in whole or in part by your ongoing operations performed for that insured.
b' The Limit of lnsurance applicable to the additional insured are those specified in the writtencontract or written agreement or the limits available under this policy, as stated in the Declara-tions, whichever are less. These limits are inclusive of and noi in additiãn to the Limit of lnsuranceavailable under this policy.
c. The insurance afforded to the additional insured does not apply to:
(1) Liability arising out of the sole negligence of the additional insured;
(2) "Bodily injury", "property damage", "personal _and advertising injury,,, or defense coverageunder. the Supplementary Payments section of the policy arising' out of an architect,s, en-gineer's or surveyor's rendering of or failure to render any professiınal services includÍng:
BP 79 96 09 16
o 201ô Liberty Mutual lnsurance
Includes copyrighted materiar of rnsurance services office, rnc., with its permission.Page 2 of 4
{a} The preparing or approving of maps, shop drawings, opinions, reports, surveys, field
orders, change orders, or drawings and specifications; and
(b) Supervisory, inspection, architectural orengineering activities.
(3) Any "occurrence" that takes place after you cease to be a tenant in the premises described in
the Declarations; or
(4) Structural alterations, new construction or demolition operations performed by or for the
person or organization designated in the Declarations.
3. Any coverage provided hereunder shall be excess over any other valid and collectible insurance avail-
able to the additional insured whether primary, excess, contingent or on any other basis unless a
contract specifically requires that this insurance be primary or you request that it apply on a primary
basis.
F. Newly Formed Or Acquired Organizations
The following is added to Section C. Who ls An lnsured:
Any business entity acquired by you or incorporated or organized by you under the laws of any individual
state of the United States of America over which you maintain majority ownership ¡nterest exceeding fifty
percent. Such acquired or newly formed organization will qualify as a Named lnsured if there is no similar
insurance avaílable to that entity. However:
1. Coverage under this provision is afforded only until the 180th day after the entity was acquired or
incorporated or organized by you or the end of the policy period, whichever is earlier;
2. Section A.l. Business Liability does not apply to:
a. "Bodily injury" or "property damage" that occurred before the entity was acquired or incorporated
or organized by you; and
b. "Personal and advertising injury" arising out of an offense committed before the entity was ac-
quired or incorporated or organized by you.
3. Records and descriptions of operations must be maintained by the first Named lnsured.
No person or organization is an insured with respect to the conduct of any current or past partnership, joint
veniure or limited liability company that is not shown as a Named lnsured in the Declarations.
G. Aggregate Limits
The following is added to Paragraph D.4. Aggregate Limíts Liability and Medical Expenses Limits Of
I nsurance:
The Aggregate Limits apply separately to each of the "locations" owned
temporarily occupied by you with the permission of the owner.
by or rented to you or
The Aggregate Limits also apply separately to each of your projects away from premises owned by or
rented to you.
For the purpose of this endorsement only, ',location',
ing lots, or premises whose connection is interrupted
of-way of a railroad.
H. Duties ln The Event Of Occurrence, Offense, Claim Or Suit
Paragraph E.2.a. Duties ln The Event Of Occurrence, Offense, Claim Or Suit Liability And MedicalExpenses General Condition applies only when the "occurrence" is known to any insured listed inParagraph c.1. Who ls An lnsured or any "employee" authorized by you to give or râceive notice of an"occurrence" or claim.
Paragraph E.2.b' Duties ln The Event of occurrence, offense, Claim or Suit Liability And MedicalExpenses General Condition will not be considered breached unless the breach occurs after such claimor "suit" is known to any insured listed under Paragraph C.l. Who ls An lnsured or any ,,employee,,
authorized by you to give or receive notice of an "occurrence', or claim.
1
2.
means premises involving the same or connect-
only by a street, roadway, watenrvay or right-
1
2.
o Z0lO Líberty Mutual lnsurance
lncludes copyrighted material of lnsurance services office, lnc., with its permission.BP 79 96 09 16 Page 3 of 4
l. Section F. Liability And Medical Expenses Definitions is modified as follows:
1. Paragraph F.3. is replaced by the following:
3. "Bodily lnjury" means bodily injury, sickness, disease, or incidental medical malpractice injury
sustained by a person, and includes mental anguish resulting from any of these; and including
death resulting from any of these at any time.
Paragraph F.9. is replaced by the following
9. "lnsured contract" means;
2
a. A contract for a lease of premises. However, that portion of the contract for a lease of prem-
ises that indemnifies any person or organization for damage by fire to premises while rented
to you or temporarily occupied by you with permission of the owner is not an "insured
contract";
b, A sidetrack agreement;
c. Any easement or license agreement, except in connection with construction or demolition
operations on or within 50 feet of a railroad;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection
with work for a municipality;
e, An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to your business (including an indem-
nification of a municipality in connection with work performed for a municipality) under which
you assume the tort liability of another party to pay for "bodily injury" or "property damage"to a third person or organization, provided the "bodily injury" or "property damage" is
caused, in whole or in part, by you or by those acting on your behalf. However, such part of a
contract or agreement shall only be considered an "insured contract" to the extent your
assumption of the tort liability is permitted by law. Tort liability means a liability that would be
imposed by law in the absence of any contract or agreement.
Paragraph f. does not include that part of any contract or agreement:
(1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of con-
struction or demolition operations, within 50 feet of any railroad property and affecting
any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing;
(21 Ïhat indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opin-
ions, reports, surveys, field orders, change orders or drawings and specifications; or
(b) Giving directions or instructions, or failing to give them, if that is the primary cause of
the injury or damage; or
(3) Under which the insured, if an architect, engineer or surveyor, assumes liability for aninjury or damage arising out of the insured's rendering or failure to render proiessional
services, including those listed in (2) above and supervisory, inspection, architectural orengineering activities.
Paragraph F.14.b. Personal And Advertising lnjury is replaced by the following:
b. Malicious prosecution or abuse of process;
2
o 2016Liberty Mutual lnsurance
lncludes copyrighted materiar of rnsurance services office, rnc., with its permissionBP 79 96 09 16
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