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HomeMy WebLinkAboutCAG2020-158 - Original - VanDevanter Associates - Green River Animation - 06/02/2020ApprovalOriginator: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 KENT WaSHTNGToN GOODS & SERVICES AGREEMENT between the City of Kent and Van Devanter Associates THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and VanDevanter Associates organized under the laws of the State of Washington, located and doing business at PO Box t3322, Burton, WA 98013, Phone: (206) 463-76It, Contact: Mark VanDevanter (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 create a series of animations as an overview of the Green River Flooding and Levees. 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, matèrials, 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, 2o2o. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Six Thousand,Four Hundred Fifty Dollars ($6,450), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vend'or the followingamounts according to the following schedule: The Vendor shall be paid after execution of agreement and delivery of animations If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the optionto only pay that portion of the invoice not in dispute, In that event, the parties will immediately makeevery effort to settle the disputed portion. GOODS & SERVICES AGREEMENT - 1 ($20,000 or Less, incl. WSST) 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 conrplete tlris Agreerlent witlr oLller suurces, lronr arry arrtJ all amounts due or to become due the Vendor. FiNAI PAvMCnt: Waiver of CIaims. 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: 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 underthis Agreement. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed, 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. 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. 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, 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 ¡s 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) A B A B c D E F 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, anotherwritten 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 eventsgiving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or shouldhave 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,itemslthrough5below, FATLURE TO PROVIDE A COMPLETE, WRITTEN NOTTFTCATION OF CLArM WTTHTN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING INANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A,Notice of Claim information: Provide a signed written notice of claim that provides the following 1. The date of the Vendor's claim.2. The nature and circumstances ihut .uur"d 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; and5. 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 aresult of the asserted events giving rise to the claim. The City shall have access to any ofthe Vendor's records needed for evaluating the protest, The City will evaluate all claims, provided the procedures in this section are followed. If theCity determines that a claim is valid, the City will adjust payment for work or time by anequitable adjustment. No adjustment will be made for an invalid protest. C' Vendoris Duty to Comolete Protested Work, In spite of any claim, the Vendor shall proceedpromptly to provide the goods, materials and services required by the City under thisAgreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendoralso 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 thissection, the Vendor completely waives any claims for protèsted work and accepts from the GOODS & SERVICES AGREEMENT - 3 ($20,000 or Less, including WSST) City any written or determination). oral order (including directions, instructions, interpretations, and 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 ABTLITY 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 624, 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 ortermination 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 ofthe 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 setile any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive meansof 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 inwriting to an alternative dispute resolution process. In any claim or lawsuit for damages arising from theparties' performance of this Agreement, each party shall pay all its legal costs and attorney's feel incurredin defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery oraward provided by law; orovided, however, nothing in this paragraph shall be construed to limit the Cíty'sright to indemnification under Section XI of this Agreement, D. Written Notice. All communications regarding this Agreement shall be sent to the parties atthe addresses listed on the signature page of the Agreement, unless notified to the contrary. Any writtennotice hereunder shall become effective three (3) business days after the date of mailing by registered orcertified mail, and shall be deemed sufficiently given if sent to the addressee at the addiess stated in thisAgreement or such other address as may be hereafter specified in writing. E' Assiqnment. Any assignment of this Agreement by either party without the written consentof 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 ãnd no further assignment shall bemade without additional written consent. F' Modification. No waiver, alteration, or modification of any of the provisions of thisAgreement shall be binding unless in writing and signed by a duly authorized representative of the Cityand Vendor, G' Entire Agreement. The written provisions and terms of this Agreement, together with anyExhibits attached hereto, shall supersede all prior verbal statements of any oif¡cer or othel representativeof the City, and such statements shall not be effective or be construed as entering into or forming a partof or altering in any manner this Agreement. All of the above documents are her-eby made a part of thisAgreement. However, should any language in any of the Exhibits to this Agreement conflict with anylanguage contained in this Agreement, the terms of this Agreement shall prevaii. H' Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipallaws, rules, and regulations that are now effective or in the future become applicable to Vendor's business,equìpment, and personnel engaged in operations covered by this Rgreement or accruing out of theperformance of those operations. GOODS & SERVICES AGREEMENT - 5 ($20,000 or Less, including WSST) I. Public Records Act, The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure/ even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Siqnatures by Fax or Email, This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. vanDevanter - GR Flooding & Levees/Wadsworth GOODS & SERVICES AGREEMENT - 6 ($20,000 or Less, including WSST) VENDOR: By 74rh"ré l/az.Duranü¿. (signature) Print Name: Mark VanDevanter Its (t¡tle) DATE 05t28t2020 CITY O T: By Print Name: Its: Timothy J. LaPorte, P.E P rc orks Director 1oDATE NOTICES TO BE SENT TO: VENDOR: Mark VanDevanter VanDevanter Associates PO Box t3322 Burton, WA 98013 (206) 463-76L1 (telephone) N/A (facsimile) NOTICES TO BE SENT TO: CTTY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) ATTEST: Kent Citv Clerk DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.As such all contractors, subcontractors and suppliers who perform work with relation to thisAgreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for anycontractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding.If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to yre directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1' I have read the attached City of Kent administrative policy number 1,2. 2. During the time of this Agreement I will not discriminate in employment on the basis ofsex, 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 toall new employees and subcontractors indicating commitment as an equal opportunity employer. 4' During the time of the Agreement I, the prime contractor, will actively consider hiring andpromotion of women and minorities, 5' Before acceptance of this Agreement, an adherence statement will be signed by me, thePrime Contractor, that the Prime Contractor complied with the requiremãnts as set forth above. By signing below, I agree to fulfill the five requirements referenced above. øy : 7/a'¿"é l/a*2a*qz-&,. For: VanDevanterAssociates Title:Principal Date: 0512812020 EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT MINORITY AND WOMEN CONTRACTORS SUPERSEDES: April 1, 1996 APPROVED BY Jim White, Mayor 1 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: 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. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 1 2 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 th (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 KentAdministrative PolicY L.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By For Title: Date EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A Flood M nt Animation Proiect 05l19l)O)o Scope of Worlr: Create a series of overhead to ground level animations as an overview of Green River flooding and levees for the city of Kent, WA. Green River Flooding and Levees Animation Vldeo Elements. Start at City of Kent limits o Add city limits label . Zoom out to show ent¡re Green River watershed (Upper, Middle and Lower) o Label each section separately along with the dividing features where we showed in the stormwater system ðnimation (Howard Hanson, 5R18, Black River Pump Stat¡on)r Zoom back to city limits ¡ Show Green River o Label Green River o Expand Green R¡verto show all flooding impâcts progressively and label each section individually, along with a morph transition slide to insert a photo of each ' Floodway (won't change much over the Green River, so we may need to come up with something different for this) (no photo transit¡on for Floodway)i Agricultural Flood Storage AreaI Leber Homestead¡ Riverview Side Channel. Downey Farmstead¡ Teufel Nursery. Flood fringe (no photo transit¡on for Flood fringei. With all of the flooding impacts stillshown, overlay the levees, then remove the flood fringe to depict what the levee protection offers, then pan/zoom into each levee segment and label progressively along with a morph transition slide to ¡nsert a photo of each o Right bank levees, Horseshoe Bend LeveeI Milwaukee 2 Leveer Foster Park Levee ' Hawley Road Levee. S¡gnature Pointe Leveer Golf Course Levee. SR516 to S 23lstLevee. Lower Russell Levee. Boeing Levee, Briscoe-DesimoneLevee o Left bank levees. KentAirport Levee. Frager Road Levee o Zoom back out to show all levee reaches ¡ Zoom out to capture existing and proposed stream gages o Show existing USGS gages (Auburn, 200th St bridge) o Show proposed USGS gage locations (277th St ped bridge, Meeker 5t bridge) Product¡on schedule and related costs: 40 hours Refine 3D master model of the critical areas of the c¡ty of Kent's Flood Management system to include a series of overlays, including the elements listed above. Script and an¡mate a series of animated tours over the model and integrate still ¡magery to illustrate the communication objectives outlined in this document. Assemble an¡mation and other imagery into a PowerPoint based presentatíon to reflect the communication objectives of this effort. Terrain model and an initiâl draft within 7 days from contract approval (about 24 production hours, including some work already completed) with complet¡on around 14 days after that. Altogether, the above work will be completed within 21-days of a Notice to proceed from the city of Kent. 3 hours Meetings and misc. coordination. Total Projected hours = 43 hours a 9150.00/hour = S6,4s0.0o Mark VanDevanter, Archltect Va n tev a nfer .,4ssociafes P.O- Box 13322 Burton,WA 98013 206.463.7611 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEM ENTS 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 su bcontractors. 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. 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. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liabilitv insurance with a minimum combined single limit for bodily injury and property damage of $100,000 per accident. 2, Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, and $1,000,000 general aggregate. EXHIBIT B (continued) C. Other fnsurance Provisions The insurance policies are to contain, or be endorsed to contain, the followingprovisions for Automobile Liability and commercial General Liability insurance: 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. 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) daysprior 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 allpolicies (except Professional Liability) as respects work performed by or on behalf of the consultant and a copy of the endôrsement 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 tı thelimits 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:VIL E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of theamendatory endorsements, including but not necessarily limited tô'tneadditional insured _endorsement, evidencing the insurance requirements ofthe Consultant before commencement of tñe work. F. Subcontractors 0ATË {r¡u/oonYYY) 17t2ì7.t1!t TH ts CERTIFICA TE ts lssuED AS A MA ÏTER OF INFORMA TION ONL Ali,lÞ CüNFER$NO RIGHTS UPON THE CERTIFICA TE HOLDER,THIS CERTIFICA TE ooÊs NOT AFFIRMA TIVELY o R NËGATIVEL Y AMEND,ËXTEN D OR A LTER THE COVERACE AFFORDED BY 'rHE POLICt E$ BELOW.THIS CERTIFICA TE OF INSURANCE ooEs ttoT CONSTITUTÊ A COI.¡TRACT B ETWEEN THÊ SSUING INSURE R(s)AUTHORIZED REPRESENTA TIVE OR PRÕOUCER,A N 0 THË CËRTIFfCA TE HOL DËR I[IPORTA H1 tf the esrtllic¡to holder ls 8n A ÛDITIOHA I INSURED,the pollcy(les)murt h¡vs ADDITIONAL IHSURED provlrlons or bo ondo|ltod.ll SUBROGA TION ls IÀ/AIVED,subj€ct to the torms and condit¡o ns of th6 pollcy,corteln pollcler may rôq ulre an 6ndom€mont,À 8ùatdm0nt on doss not to the holdsr ln lleu of such PRooucÉR Lrberty Mutual lnsurance PO Bóx 18806s Fairfield, CIH 4S018 IfiguRÊ0 Mark Vandevanter DBA Vandevanter As$ociates PO Box 13322 Burton WA 98013 c CERTIFICATE OF LIABILITY INSURANCE TE o t9t8-2015 ACORD ïho ACORD n¡m. ¡nd logo rro rrgbùcmd r¡rrk¡ of ACORD ilUMÊtËR: CORPORA TION. Àll rlghta rerenod ACORO 26 (20{6/03} .:û ì; sådt{t lrrrt¡tìc!tr I ÀltL)á sñ¡tb I ljJÍ¡:r11q t il it il ST: I !4g¿ ì o} i IYP€ OF IT.¡S¡JRANCE ulflfs rsfHrs CERTIFYTO TTHA ÏHE POUCrËS INSUOF RANCE EELTWISTED BËHAVE rssuEoÉN THTO Ë.SUREON ABOVENAI,IÊD THEFOR PERIODPOUCYTËOtN0tcAAÀIDINGNOTWTHSTRËOUIREMÊNTA¡IY ORTERf\1 OFCONDITION CONÏRACTATlY OTHOR OOCUMENTER WìTH TORESPECT wlircH ïHlsFICAMAYTEBÊCERÏItNsTHEEISSUEDMÀYORAJNPERTURÂNCBYAFFORDEOTHEPOLtCTESHER€INDESCRTËË0 SUBJËCrS TOT ALL ÏHE IERMS,ANDEXCLU$IONS OFcûN0rTroNs POLtCTSUCH LIMITSES MAYSHOVVN BEENHAVE BYREDUCED CTAJMSPAID 94C¡Ìrtcrli..,rtf.tÉ¡¡r:t t1,f)ût,oüû: 0rútÂdÊ Ió nËetrñ' ftË.$i5liS tPf n$rrtr':itj , i t,0t0,0tt : MÉû [*Ê ¡lrr¡ tø 4,u*; t f 5,0ü0 P€nsoNAreÀDV|¡¡JURY, ¡1.0il*,ctü G€ñ€RÂrA06REGA"rE ¡,l,000,000 PROouCls.coMProP Acc i r1.f1t0,00$,$ 5 APPLI€S lj 118f2020 1t8n021 ACGREG LIMIT POUCY rli ....1 PR& JECT PCR tûc ..-: aa cofl g€Rcl¡l cE¡rÉRAt L!tBtuTY ' .*urooo, L7] *rro t t 3 SCHEOULED ÁuT0s N0H-ovvt{Ét) AUÌOS ONLY 8ÕOltY INJURY {Psr pæúl â€rd6l)' ¡ aulotoårLE LrAEtUlY : ANY ATJIO 0!1,11€D {UTOS ONLY HIRÊO Àuros oNLY 6ODllY INJURY {P6r ' fr{ût1ttrtYt]Å],1À{;6 it'ðr rH,¡xtii ufiuÊÊLLA Lr.Âg €xcf$$ uarÌ tiÂì:tt tlricu&,ì€NeE Á{;r¡tì;.{;.^¡tr:t.ÂllJS't tlr¡.1| , ú{"'cti,t At¡0 EtPToYER$. u^8tulY il ,til L L¡MII ç u.IË. EATH ACCr0ÊNf Ë t 0ts€^sE .6A lA. Ïhe City^of K6nt is Add¡tional lnsured ¡f roqurred by writlon conlrad or writtan agnem€nt sub¡ûd to G€nsrâl Liâbility Blånket Additionallnsured Provlsion, oEscR¡Pfiol¡ of opÊR Ìroil$ / Locanor¡s /wltKL€3 l^cúRo '101, Addlllootl namtflt 8.hrdul., mty b. .tt.ch.d llmon tprc. ¡¡ ñqulrrd) SHOUTD AIff OF THE ASOVE OESCRIEED POLICIES BE CANCELLED BEFORETHE ä(PIRÀTIOH OATE THEREOF, ilONCE WILL B¡ -ıËr-ryENCO r¡,¡ÀCCORDAI{CE WITH THE POLICY PROVISIOiIS, ïhe Citv of Kent Attn: Náncv Yoshitake 400 W Gowe St KentWA 98032 6'rt-, AUt[ói¡¡80 ft tPRGSENtAÌtVE 81056886615 COMMERCIAL GENERAL LIABILITY cc 88 t0 04 t3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT GAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT NON.OWNED AIRCRAFT NON.OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY . ELEVATORS EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) MEDICAL PAYMENTS EXTENSION EXTENSION OFSUPPLEMENTARY PAYMENTS .COVERAGES AAND B ADDITIONAL INSUREDS . BY CONTRACT, AGREEMENT OR PERMTT PRIMARY AND NON.CONTRIBUTORY. ADDITIONAL INSURED EXTENSION ADDITIONAL ¡NSUREDS . EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" WHO IS AN INSURED .INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENS¡ON .MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OGCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, GLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US . WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU PAGE 2 2 2 2 3 3 3 5 6 6 7 7 7 7 7 I I o 2013Liberty Mutual lnsurance lncludes copyrighted material of lnsurance Services Office, lnc., with its permission.cG 88 l0 04 13 Page I of 8 - With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON.OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily lnjury And ProperÇ Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. lt is not owned by any insured; 2. lt is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. lt is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. : B. NON.OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily lnjury And Property Damage Liability, Subparagraph {2} of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY . ELEVATORS 1. Under Paragraph 2. Exclusions of Section f - Coverage A - Bodíly lnjury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such ';property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2- The following is added to Section lV - Commercial General Liability Conditions, Condition 4. Other lnsurance, Paragraph b. Excess lnsurance: Ïhe insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, cont¡ngent or on any other basis. D. EXTENDED DAMAGE To PROPERW RENTED To you (Tenant's property Damage) lf Damage To Premises Rented To You is not otherwise excluded from this Coverage part: I' Under Paragraph 2.Exclusionsof Section l-GoverageA-BodilylnjuryandProperty Damage Liability: a. Ïhe fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- Íng: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to:(¡) Premises rented to you for a period oÍ 7 or fewer consecutive days; or (i¡) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (f ), (3ì and (4) of this exclusion do not apply to "property premises rented to you for a period of 7 or fewer consecutive days. damage" to contents of A separate limit of insurance applies to this coverage as described in Section lll - Limits of lnsurance. !!tÇ- @ 2olg Liberty Mutual lnsurance lncludes copyrighted material of lnsurance services office, lnc,, with its permissioncG 88 10 04 13 Page 2 of 8 b. Ïhe last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c, through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fìre protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance âppl¡es to Damage To Premises Rented To You as described in Section lll - Limits Of lnsurance. 2. Paragraph 6. under Section lll - Limits Of lnsurance is replaced by the following: 6' Subject to Paragraph 5, above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage', to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant'e Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to conlents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION lf Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph l. lnsuring Agreement of Section I - Goverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OFSUPPLEMENTARY PAYMENTS .COVERAGESAAND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily lnjury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS . BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section ll - Who ls An lnsured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreemenl or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured thet ere the subject of the writlen contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or @ 20t31¡¡erty Mutual lnsuranc€ lncludes copyrighted material of lnsurance Services Office, lnc.,with its permiss¡oncG 88 10 04 13 Page 3 of I b. Premises or facilities rented by you or used by you, or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (f ) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (21 This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) lnsurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construclion, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. lf coverage provided to the additional insured is required by a contract or agteement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organizalion other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Wth respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph l.c. above, this insurance does not apply to any "occurrence', which takes place afier the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written is signed prior to the "bodily injury" or "property damage',. We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties ln the Event Of Occurrence, Offense, Claim Or Suit under Section lV - Commercial General Liability Condi- tions. o ZOtaliberty Mutual lnsuranc€ lncludes copyrighted material of lneurance servic€s off¡ce, lnc., with its permission agreement cG 88 10 04 13 Page 4 of I 2. With respect to the insurance provided by this endorsement, the following are added to paragraph 2. Exclusions under Section I - Coverage A - Bodily lnjury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "propelry damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property rlamage" occurs. c, "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (f ) ïhe preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, fìeld orders, change orders or drawings and specifications; or (21 Supervisory, inspection, architectural orengineering activities, This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering orsurveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) ïhat portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy, 3, Wth respect to the insurance afforded to these additional insureds, the following is added to Section lll - Limits Of lnsurance: lf coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of lnsurance shown in the Declaratlons; whichever is less. This endorsement shall not increase the applicable Limits of lnsurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTR¡BUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other lnsurance of SECTION lV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as foflows: e. The following is added to Paragraph a. Primary lnsurance: lf an additional insured's policy has an Other lnsurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. @ 2013l¡berty Mutual lnsurance lncludes copyrighted material of lnsurance Services Office, lnc., with its permission.cG 88 l0 04 13 Page 5 of I b, The following is added to Paragraph b. Excess tnsurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named lnsured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for wfiich the additional insured has been added as an additional insured on other policies. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. Ïhe following is added to Condition 2. Duties ln The Event Of Occurrence, Offense, Glaim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional ínsured; and c' Agree to make available any other insurance whích the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section lll - Limits of lnsurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENS]ON - MANAGEMENT EMPLOYEES Paragraph 2.a.(l) of section ll - who ls An lnsured is replaced with the following: (f ) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers'' while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker,' as a consequence of Paragraph (l) (a| above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1) (a) or (b) above; or (d) Arisíng out of his or her provid¡ng or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser-vices is not otherwise excluded by separate endorsement, this provision (paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury,' caused byan "employee" who is acting in a supervisory ,capacity for you. Supervisory capacity ai used herein meansthe "employee's" job responsibilíties assigned by you, includes the direct superviiion of other ',employ* ees" of yours. However, none of these "employees" are insureds for "bodily injury,' or ,,personal ánO o 20t3Liuerty Mutual lnsurance lncludes copyr¡ghted material of lnsurance services off¡ce, lnc., with its perm¡ssion. J cG 88 l0 04 t3 Page 6 of 8 g advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. lhe coverage provided by provision J, is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section ll - IlVho ls An lnsured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named lnsured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. 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 venture or limited liability company that is not shown as a Named lnsured in the Declarations or qualifies as an insured under this provision, L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section lV - Gommercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section lV - Commercial General Liablllty Conditions, the following is added to Condition 2. Duties ln The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section ll -ltllho lsAn lnsured or aperson who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE lf we revise this Commercial General Liability Extension additional premium charge, your policy will automatically effective in your state. Endorsement to provide more coverage without provide the coverage as of the day the revision is O. BODILY INJURY REDEF¡NED Under Section V - Definitions, Definition 3. is replaced by the following: 3. "Bodily lnjury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. o 20131¡berty Mutusl lnsurance lncludes copyrighted material of lnsurance Services Office, lnc., with its permission.cG 88 't0 04 ,r3 Page 7 of 8 æ p;æ æñ¡¡-¡¡= GE æ æ P. EXTENDED PROPERTYDAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LtABtLtTY is reptaced by the following: a. Expected Or lntended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. O. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US . WHEN REQUIRED IN Á. CONTRACT OR AGREEMENT WITH YOU Under Section lV - Gommercial General Liability Cond¡t¡ons, the following is added to Condition B. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard', provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. åi @ Z0l3Liberty Mutual lnsurance lncludes copyrighted material of lnsurancæ services office, lnc,, with its permission,cG 88 10 04 13 Page I of I lffi/PËruco ,300 Ooxtor Avanus NlnsurancçSsatlla, WA 98l0?-35¡l Februory 14,202t Represenlolive PEMCO Cuslomer Service r.8oO.GC.}PEMCA I t -8044ó7-3 62ól Proof of in¡uranca far¡ STFPHANIE ß. VANDEV,ÀNTER MARK A. VANDEVANTER PO BOX 't3322 BURTON WA 9BOI3O322 This confirms lhot our cuslomer {nomed obove} hos insuronce with PEMCO. Pleose see deþilt below on the cor, coveroges including l¡mits ond deductibles, and oùers nomed on lhe currenl policy. This leiler is proof of oulo in¡uronc¡ o¡ of the dote obove. lt doasn't loke lhe ploce of on insuronce idenlificolion cord, isn't cn insuronce policy, ond doesn't chonge üe coveroge provided by lhis policy. Coveroges, limits, ond deductibles orê sccurüte os of üe dote of ùis le[er. lf you hove ony questions, pleose coll l-80OSOPEMCO {t.5064ó7-3ó2ó). PEI\TICO Mutuol lnsuronce Compony AUTO POTICY Policy number: Policy pericd; c40416721 a2 / 28 1 2020 ø a2 / 28 I 2o2 t 20t2 TOyOTA pntus v vtN JTDZN3EU0C3044B02 COVERAGES limir¡/Dcduoiblc Bodily lniury $ 100,t00 eoch person/$300,000 eoch occurrence Proporty Domogo liobilily $50,000 eqch occurrence Underinsured Molorist Bodily lniury $ I00,000 eoch personf$300.000 eoch occurrenco Undorinsurad Molorist Property Domoge $50,000 euch occurrence Personsl lnjury Protection $ 10,000 Loss of lncome $200 mox per week/$ 10,400 mox per Õccurrence eoch person Collision Deductible: $500 Comprehensive Deductible: $ì00 Towing $ 100 Renlol Reimbursemenl $30 per doy/$g00 per ôccurrence OTHER INNNESTS Losr Poyee, Loon Number - Not Avoiloble Toyoto Finonciol, P O Box ó0114. Cítyof lndurtry, CA glZló$l l4 ìil&03 t0l fl*¡ $î,/?01f Poça I *{ I