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HomeMy WebLinkAboutCAG2020-160 - Original - Traffic Control Plan Co. of Washington, LLC - Signature Pointe Levee Traffic Control Plans - 05/28/2020ApprovalOriginator: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 GOODS & SERVICES AGREEMENT - 1 ($20,000 or Less, incl. WSST) GOODS & SERVICES AGREEMENT between the City of Kent and Traffic Control Plan Co. of Washington, LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Traffic Control Plan Co. of Washington, LLC organized under the laws of the State of Washington, located and doing business at 1245 Auburn Way N. #315, Auburn, WA 98002, Phone: (253) 258-1419, Contact: Chris Grose (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall prepare traffic control plans for the Signature Pointe Levee Project. For a description, see the Vendor's Scope of Work which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City’s exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2022. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Four Thousand, Three Hundred Seventy Five Dollars ($4,375), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: The Vendor shall be paid after traffic control plans have been prepared, delivered, and submittal of invoice. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. GOODS & SERVICES AGREEMENT - 2 ($20,000 or Less, including WSST) A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor’s services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor’s services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an GOODS & SERVICES AGREEMENT - 3 ($20,000 or Less, including WSST) amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the GOODS & SERVICES AGREEMENT - 4 ($20,000 or Less, including WSST) City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor’s representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor’s receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor’s part, then Vendor shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Vendor’s part. The provisions of this section shall survive the expiration or termination of this Agreement. GOODS & SERVICES AGREEMENT - 5 ($20,000 or Less, including WSST) XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I' Public Records Act' The vglto-t acknowledges.that the City is a public agency subject to thePublic Records Act codified in chapter 42,56 of the nevi-seo code of wlshtngttn and documents, notes,emails, and other records prepared or g.athered by thl Consultant in its periormance of this Agreementmay be subiect to public review an'd disclosure, even ir ft,ose ,ecords are not produced to or possessed bythe city of Kent' As such, the Vendor agrees to cooperate fully with the City in satisfying the city,s dutiesand obligations under the public Records Act. 'l' citv Business License Required, Prior to commencing the tasks described in section I,contractor agrees to provide proor oiicurrent city of Kenl business license pursuant to chapter 5.01 oflhe Kent City Code. IN WITNESS, the parties below execute this Agreement, which shall become effective onthe last date entered below' All acts consistent with-the authority ;i thi" Agreement and priorto its effective date are ratified and affirmed, and trre terms of the Agreement shall be deemedto have applied. K number of counterparts, e ach of which shall constitute an origithis one Agreement. Fu rther, upon executi ng this Agreement,lo the other by fax or email and that sig nature shall have thebearing the original sig nature was received in person liafllc Conkol plan Co of WA - Sigilalure potnte/ftolqomb GOODS & SERVICES AGREEMENT . 6 ($2A,0A0 or Less, inctuding WSST) This Agreement may be executed in any nal, and all of which will together constitute either party may deliver the signature page same force and effect as if the Agreement VENDOR: (title) By I DATE Print Name Tfc' ^ . (si.snature) 11t1472.pg,pgp1 Carla Maloney, p.E. Design Engineering Manager CITY OF KENT: 4..-_By €a*nt Name €tt DATE: Pri Its NOTICES TO BE SENT TO: Chris Grose Traffic Control plan Co. of Washington 1245 Auburn Way N #31S Auburn, WA 98002 (253) 258-1419 (tetephone) (253) 27 0-2250 (facsi mi te) VENDOR: NOTICES TO BE SENT TO: Timothy J. LaPorte, p.E, City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (tetephone) (253) 856-6500 (facsimile) CITY OF KENT: ATTEST: Kent Ci Cle DECLARATION CITY OF KENT EQUA」 EMPしOYMENT OPPORTuNI丁Y POしICY 丁he City of Kent is committed to confo「m to FederaI and State laws regarding equa- opportunity" As such alI contracto「s′ Subcontractors and suppliers who perform wo「k with relation to this Agreement shall compIy with the regulations of the City′s equal empIoyment oppo巾u=ity POIicies. The following questio=S SPeCificalIy identify the requirements the City deems necessary for any COnt「aCtOr′ Subcontractor or suppIier on this specific Ag「eement to adhe「e to. An a飾「mative reSPOnSe is required on a= ofthe foiiowi=g queStions for this Agreement to be vaIid and binding. If any contracto「′ Subcontractor o「 suppIie「 w冊u=y misrepresents themse一ves with regard to the directives outiines′ it w川be co=Sidered a breach of cont「act and it w… be at the City′s sole determination regarding suspension or te「mination for a= or part ofthe Agreement; The questions are as follows: 1. I have read the attached City of Kent administ「ative poIicy number l.2, 2・ During the time ofthis Ag「eement I w川not discriminate in empIoyment on the basis of SeX′ 「aCe′ COIor′ nationaI origin′ age′ Or the presence of ali sensory′ mental or physicaI disabiIity. 3"  During the time of this Ag「eement the prime contracto「 w紺p「ovide a written statement to all new empIoyees and subcontractors indicating commitment as an equa- oppo山nity empIoyer, 4. Du「ing the time ofthe Agreement I′ the prime contractor′ W紺actively consider hi「ing and P「OmOtion of women and minorities, 5・ Before acceptance of this Agreement′ an adhe「ence statement w川be sjgned by me, the P「ime Contractor′ that the P「ime Contractor comp=ed with the requirements as set forth above. By signing below′ I agree to fu剛the five requirements referenced above, 閏星 Fo「:企公館し色眺掠れ小曲′貧し卓上もし 丁itie: Ou蝕.子          音臆臆 Date:臆臆臆5+c2? -o2つc20      臆臆 EEO COMPLIANCE DOCUMENTS - 1 of 3 EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 3 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ Traffic Control PIan Co. oflVashington, LLCCity of Kent400 WGowe StKent, Wa 98032o5t19t2020ATTN: Drew HolcombProiect obiective: To provide all traffic control plans (TCP) for the Signature Pointe/S 251"t St./ 62nd Ave S Reclamation Project 2020.Key points that Traffic Control Plan Co. of WA, LLC will provideWork on Proposed TCP's will not commence until contract has been signed anddelivered via emailto TCP Co. of WA. LLC.Verbalnotice willnot heotedNo charge will be applied to any in-house consultations or pre-cons that arerequested.Payment terms for providing TCP's for this project shall be NET 30Task 1: Proposal for the signature Pointe/ s 251't st./ 62nd Ave s ReclamationProject 2020.Cost for each plan sheet shall be $175.00 Per sheet.25 Sheets X $175.00 per sheet = $ 4,375.00NOTE: final cost of package will be determined by the final number of TCP's preparedREVISIONS: No additional charge (whether customer needs revisions or approvingauthority).We do not charge sales taxChristopher D. GroseoooPlan engineer/OwnerTraffic Control Plan CO. of WA, LLCTraffic Control Plan Co. of WA, LLC O:253-258-1419 email: chris@trafficcontrolplan.netEXHIBIT A EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $2,000,000 per accident. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. 2. The Contractor’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. COVERAGES CERTIFICATE OF LIABILITY INSURAN CE CERTIFÍCATE NUM DATE (XXiDD/YYYY) 09t26t2019 N RIGo UHTS THPON E CERTIFICA TE HOLDER.Tl$sRTETHECOVERAGEBAFFOROEDYTHEPOLtclEsBEETWENTHEISSUINGINSURER(s), tha certificate tni¡NAL theINSUREO,pol mu3ticy(ies b€tfendor¡ed.SUB ROGA TION€t€¡ms tsandscond¡tion theof ¡u toccrtainbjectpolicyl¡c¡ospo antrerequmay t.endorsemen stateA m ent thison cåtocertifiholdecertificatâ¡n notdoc¡oflieu conferendosuch thotorights NATIONWIDE SALES SOLUTIONS INC 12OO LOCUST ST DEPT 201O DES MOINES PRODUCER lA 50391-2010 DEPOSITORS ENSURANC COMPANY 42587 B TRAFFIC CONTROL PLAN CO. OF WASHINGTON, LLC,1339 42ND ST NE INSUREO 7036AUEURNWA BER REVISION CERTIFICATE ERTAI TH ls TOts THACERTIFY T THE ESPOLICI INSUOF ERANC LISTED B BEENHAVE ISSUEDDICAIN TO THETED.NAMEDNSUREDNOTWITHSTANDING ABOVEANY FOR THEREQUIREMENT POL PERItcY ODORTERMONCONDITIOFANYoCONTRACTROTHERYMADOCUMENTEBWTHORISSUEDMAPTORESPECTWHICHNTHfSTHENSURANCEBYAFFORDEDTHEPOLICESONEXCLUSISHEREINDESCRIBEDANDSUBJECTrsOFCONDITIONSALLTOPOLICSUCHTHE86.LIMITS TERMS,SHOWN MA BEENHAVE UCEDRED PBYAID CLAIMS. fYPE OF INSURANCE LITITS EACH s2 s 100 MED tr€s5 000 & ADV 2,000 000 X AGG 4 COililERCIAL GENERAL LIABIUTY X GEN'L AGGREGATÊ LIMIT CLAIMS-MADE OCCUR POLICY LOC PER:APPLIFS PRO. ACP GLDO 3028459207 09t25/2019 09t25t2020 ¡ BODILY INJURY (ptr pcm) BOOILY tNJURy (per aæidnt) $ A LIABILITY SCHEDULED AUTOS NON4WNEO AUIOS ANY AUTO ALL OWNED AUTOS HIRED AUTOS t s UI'BRELLA LIAB EXCESS LIAB OCCUR AGGREGATE t E EACH s EA WORXERS COTPENSATTON A}ID ETPLOYERS' LIABILIIY N/A E,L.LIMIT bility limit of liability policy OForE9CRtPTtOt{OPERA Trotts LOCATIONS VEHrcLES (ACORD Addiüml01,Ramartt 9chsdule,brmy itatt¡ch.d moo It¡paca r.gu¡rcd)aboveThe mentioned liagenerability includespolicy data compromise withcoverage response limítThexpense of$s0,000 above 000$50 andmentioned defense and liagen€ra Iiability includespolicy attackcomputer withcoverage limit ofcludesln $50 The,000 above mentionodidentitywithrecoverylimitaof generalcoverage$25,000. wA,98032 City of Kent . 400 Go$,e Stj Kent CE SHOULD ANY OF THE ABOVE.D-ES-CRIBED POLICIES BE CA,{CELLEO BEFOREïHE ExptRAfloN DATE IfqREoF, r¡orrci ñr¡i äe oeuveneo l¡lACCORDANCE WTH THE POUCY PROVISIOXS. AUTHOR¡ZED REPREgENTATIVE Daniel Lynch @ 1988-2014 ACORD CORPORA\coRD 25 (2c1AO1)Tho ACORD name and logo are rcglstorcd marks of ACORD TION. Alt rtghtr fcservgd THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ENHANCEMENT ENDORSEMENT INCLUDING MEDICAL PAYMENTS This endorsement modifies insurance provided under the foilowing: COMÂ'IERCIAL GENERAL LtABtLtTy COVERAGE PART COMMERCIAL GENERAL LIABILITY cG72 881216 C. Non-OwnedWatercraft Under Soctlon l.- Covcragea, Coverage Alojlrl tnfury And. propcrty o"áragã t_¡attrny,2. Excluctona Exctusioñ g. Ærcraftl - Àuto OrWatcrcrafr paragraph (zl(a) is reliäcø wnn:(a) Less than 51 feet long; and D. Expanded proporty Damage Covcrage1. For the purposes of this endorsemont only; Sectlon I _ Goveragel, Govcrage AP.{lly lnfury _nno eroþrty DamageLlabltity, 2. Excluslon¡, e'*cfusion IDamage To property ió "ránOø asfollows: a. paragraphs (g), (S), and (6) are deteted in their entirety. b. Paragraph (4) is deleted in its entirety and replaced with: (4) personal property in the carecustody, or control of the ínsured: (a) For storage or sale at premises you own, rent or occupy; or (b) While..being transported by anyaircratl, "auto", or watercraft owned or operated by or rented to or loaned to any insured.e. The covêrage provided by thisendorsement does not apótv to"property damage': '-r ' (1) Arising out of the disappearance orloss of use of personalþroærty; or(2) lncluded in the .products_compfeted operations hazard". Pagc 1 of5 A. Loct Key Goverage l. Under Sesilon I _ Coveragcs, Covcrage A lo<ilty tnfury And prıpehy oamîgeLlablltty, coverage ¡s ertenOed to incluðe the followíng: lf a customer's master or grand key,excfuding electronic key carð, is losi,damaged or stolen whiie in your care,custody or control we will pay the cost oireplacíng the keys, including'thb master lockand all keys used in the same tock, the costof adjusting locks to accept the new teys, oi\ the cost to replace the locks, wfr¡cheúei is_Ì less.'\ 2. Llmlt of ln¡urance _ For the purpose of thisj covsrage, the most "r*ifl-í"y ¡s $10,000p€r "occurrence'. B. Voluntary property Damage 1. Under Sccdon I __ Coórager, Coveag€ AEodtty tnury Ary p¡opeûty Dañago Uaútry,co€ree b exter¡ded to include trre tOnnvirg: " At yot¡r reqres, we will pay for þropertydamq" to property ot oüpis'caus€d'b,. )..,and whil€ ¡¡ youl possession, arising or¡t oi iourh¡sirpss "p"*tlcr" .,rd -úìrãö ck¡ing tppoficyperiod. 2. Llmlt ol lnruranoe _ For the purpose of thiscoverage the most we wíllpay is $1,S00 per'occurrenc€'. C. Non-OrvnodWatcrcraft Under Scctlon l.- Coveragcs, Covoragc A ^aojtlq Inf u ry And. property -OaÉrage ttaıl|fty,2. Exclu¡ton¡ Exclusíoà g. Atrcnftl Auto OrWatercraft paragraph (Z)ia) is,epìäceO witf,,(a) Less than 51 feet long; and cQ72 881216 lncludes copyrighted material of lnsurance Services Offic€, lnc.,with its permission. ACP 3028459207 - TRAFFIC CONTROL PLAN CO. OF WASHINGÏON, LLC cG 72 88 12 16 2. Llmlt ol ln¡urance'The mosl we will pay for loss arising olrt of any one 'occurrence' is $5,@0. 3. Deductlble - Our obligat¡on to pay for a covered loss applies only to the amount of loss in excess of $250. We will pay the deductible amount lo effect settlement of any claim or "suit" and upon notification having been taken you shall promptly reimburse us for the deductible as has been paid by us. This insurance is primary to any expanded damage coverage provided by a separate endorsemenÌ attached to this policy, and it will supplant any deductible in said endorsement. E. Damage To Prcmlses Rented To You 1. Under Sec'tlon I - Coverageso Coverage A Ëodfiy lnlurY And ProPertY Damage LlabllltY, the last ParagraPh of 2' Exclualont is rePlaced wìÎh: lf Damage To Premises Rented To You is not olhewvise excluded, Exclusions c' through n. do not apply to damage by fire, lightning, explosion, smoke, or sprinkler leakage lo premises while rented to you or temporarily occupied by you with permission of the owner. A separale limit of insurance applies 1o this coverage as described in Sectlon lll- Llmlt¡ Ol lnrurance. 2. Under Scc'tlon lll - Llmits Of lnsurance' ParagraPh 6. is rePlaced with: 6. Subject to 5. above, lhe Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises' while rented to You, or in the case of damage bY fire, iightning, explosion, smoke or sprinkler leakage, while renled to You or temPorarilY occuPied bY You with permission of the owner. The limit is increased to $1,000,000' 3. Under Soctlon lV - Gommerclal General Llabllity Condltions, Condltion 4' Other lnguranc-e, b. Exce¡s lnsurance (1) (a) (ii) is replaced with: (ll) That is Fire, Lightning, Explosion, Smoke, or SPrinkler leakage insurance for Premises rented to You or temPorarilY occuPied bY You with Permission of the owner' F. SupplementarYPaYments Under Soction l- Coverage¡, $upplemcntary Paymcnts - Covcragc¡ A and B Paragraphs 1.b. and 1.d. are rePlaced with: b. Up to $2,500 for cosl of bait bonds required because of accidents or tratfic law violalions arising out of the use of any vehicle to which the Bodily lnjury Liability Coverage applies' We do not have to furnish these bonds' d. AII 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 ott from work' G. Newly Formed And Acqulred Organlzallons Under Scc'tlon ll - Who ls An lnaured ParagraPh 3.4. is rePlaced with: a. Coverage under this provision is atforded only until the 1801n day atter you acquire or form the organization or the end of the policy period, whichever is earlier; H. Addhlonal ln¡ured - Automatlc Status When Requlrcd ln An Agreemont Or Contract Wlth You Seclion !l - Who ls An lnsured is amended 1o include: 4. Any person(s) or organization(s) described in Þaragraphs a. - d. below with whom you have agreed in writing in a contract or written agreement that such person or organizatión b€ added as an additional inðured on your policy during the policy period shown in the Declarations' The person or organization added as an insured by this endorsement is an insured only for liabilitY due to: a. Las¡ors ol Loated Equlpment wilh respect to their liability for'bodily injury'' 'pfop€rty damage"' or 'personal and advertising injur¡/, caused in whole or in part by your maintenance, operation or use of equipment leased to you by such person(s)'or organization(s)' This insurance does not aPPIY to any "occurrence" which takes place after the lease exPires. However, their status as additional insured under this policy ends when their lease, contract, or agreemenl with you for such leased equipmenl expires' lncludes copyrighted material of lnsurance Services Office, lnc'' with its Permission' cG 72 88 12 16 Page 2 of 5 ACP 3028 459207 - TRAFFIC CONTROL PLAN CO. OF WASHINGTON, LLC b. llanagers or Lessor¡ of premicoc with respect to liabílity arising out of the ownership, maintenance, or use of thatpart of the premises you own, rent, lease, or occupy. This insurance does not apply to: (1) Any "occurrence'which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new con_ struction or demolitíon operations performed by or on behalf of the person or organization. However, their status as additional insured under this policy ends when you cease to b€ a tenant of such premíseð.c. State or politlcal Subdivl¡lon Permlts Rclailng to preml¡es with respect to the following hazards for which the state or politicat suMivísíon has issued a permit or author¡zation in connection with premises you own, rentor control and to which this insurance applies: (1) The existence, maintenance, repair, constructíon, erection, or removal ofadvertising signs, awníngs, canopies, cellar entrances, cóalholes, driveways, manholes, marquees, hoist away openings, sídewalk vaults, street banners, oi decorations and símilar exposures; or (2) The construction, erection, or removal of elevators; or The ownership, maíntenance, or use of any elevators covered by this insurance. This insurance does not apply to: (1) "Bodily iniury" or .prop€rty damage"or "personal or advertising injun/ arising out of operatíons perforinø for the state or municípality; or (2) "Bodily lnjury" or .property damage"included within the .producis_ completed op€rations hazard. However, such state or politicalsubdívisíon's status as a&it¡onal insured under this policy ends when thãpermlt ends. cG72 881216d. Ownorg, LeEsoes, or Contrector¡ with resp€c-t to liability for "bodily injury", "property damage', or'persónal' and advert¡s¡ng injury'caused, in whole or inpart, by: (1) Your acts or omissions; or (2) The acts or omissions of those act¡ng on your behalf; in the performance of your ongoingoperations performed for - that additional insursd, whether the workis performed by you or on your behalf. The insurance does not apply to: (1) "Bodily injury", "property damage,,or 'personal and advertising injüry, grising out of the rendering ıt oi tlefailure lo render any professional architectural, engineering, or suryey seryices, including: (a) If9 preparíng, approving, orfailing to prepare or apþrove maps, shop drawings, opinions, reports, survey, field orders, change orders, or drawings and specifications: or (b) Supervisory, inspection, archi_ tectural, or engineering activ_ ities. (2) 'Bodily injury" or "property damage" occurring after: (a) All work, includíng materials, parts, or equipmenl furnished in connection with such work, on the. project (other than service, mainlenance or repairs) to bepeñormed by or on benaf of tneadditionat insured(s) at thelocation of thd covered operations has been completed; or (b) That port¡on of "your work, outof which the injury or damagearises has been put to is intended use by any p€rson or organízation other than anothercontractor or subcontractorengaged in performing operations for a principal as ãparl of the same pioject. ,,, cG 72 gg 12 t6 lncludes copyrighted material of lnsurarrce Services Office, lnc., with ¡ts permission.Page 3 ol 5 ACP 30284592a7 - TRAFFIC coNTRoL PLAN co. oF WASHINGÏ'N; LLC cG728812 16 J. However, a person or organization's status as additional insured under this policy ends when Your operalions for that additional insured are completed. With resp€ct to th€ insurance afforded to such additional insureds a. - d. described above the following is added to the Secllon lll- Llmtts Ol ln¡urance: lf coverage provided to the additional insured is required by a conlract or agreem€nt, the most we will pay on behalf of the additional insured is the amounl of insurance: 1. Required by the conlracl or agr€ement: or 2. Available under the applicable Limils of lnsurance shown in the Declarations; tYf ilcltuvuf t5 luss. This endorsemenl shall not increase the applicable Limits of lnsurance shown in the Declaralions. However, the insurance afforded to such additional insureds a. - d. described above: 1. Only applies to the extent permitted by law;and 2. Will not be broader than thal which you are required bY the contract or agreement to ,provide such additional insured. Aggregate Llmlt Per Prolect Under Scctlon lll - Llmlts Ol lngurance The following paragraph is added to Paragraph 2: The General Aggregate Umït under Sec'tlon lll Llmlt¡ Ol ln¡urance applies separately lo each of your construction projects away from premises owned by or rented lo You. tlcdlcal Paynents Under Sectlon lll - Llmits Of lnsurance, Paragraph 7. is replaced with: 7. Subject to 5. above, the higher of : a. 910,000;or b. The amount shown in the Declaralions lor Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of 'bodily injur¡/ sustained bY one Person. Page 4 ol 5 This coverage does not apply if Covcrage C - lledlcal Paymontr is excluded either by the provisions of any coverage forms attached to the policy or by endorsement. K. Knowledge Ol An Occurronoc Under Sestlon lV - Commerclal General Llablllty Condltlon¡, the following is added 1o Cordition 2. Dutleg ln The Event Of Occurrsnc-o, Oflon3o, Clalm Or Suit: e. Knowledge of an occurrence, offense, claim or suit by an agent or employee of any insured shall not in itself constitute knowledge of the insured unless you, a partner, if you are a partnership; or an execulive otficer, or insurance manager, if you are a corporalion receives such notice of an occurrence, offense, claim, or suil from the agenl or emPloYee. != The raqr;irements in Para.graph tr will not be considered breached unless there ìs knowledge of occurrenoe as outlined in ParagraPh e. above. L. Unlnter¡tlonal Fallurc To Dlrclose Hazard Under Section lV Comrnerclal General Llablltty Condltlons, Condition 6. Representallons the following paragraph is added: d. Your failure to disclose all hazards or prior "occurr€nces" or otfenses existing as of the inception date of the policy shall not prejudice the coverage atforded by this policy provided such failure to disclose all hazards or prior'occurrences" or offenses is not intentional. This provision does not affect our rþht to collect additional premium or exercise our righl ol cancellation or non- renewal. lJl. Waivcr Ol Subrogrtlon Under Scction lV Gommercial General Llabllity Condttion¡, 8. Transler Ol Rlghts Ol Hecovery Agalnrt Other¡ To Us the following paragraph is added: lf required by a written contracl executed prior to loss, we waive any right of subrogation we may have against the contracting p€rson 0r organization because of payments we make for injury or damage arising out of your ongoing operations or'your work" done under a conlracl with that person or organization and included in the'products-completed operations hazard'. cG72 881216 t. lncludes copyrighted material of lnsurance Services Office, lnc', with its Permission. ACP 3028459207. TRAFFIC CONTROL PLAN CO, OF WASHINGTON, LLC N. Liberallzatlon Under Sec-tlon lV Commerclal GenoralLlablllty Gondltlons, the following condition is added: 10. Llberallzailon lf we revise this coverage form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the Oay tne revision is effective in your slate. o. Broadened Bodry rnfury *tfiilii":1åî Angutsh) Under S€ctlon V - Deflnltlons Definition 3.'Bodily tnju4f is replaced with: 3. "P$¡ly injurf means physical injury, sickness, or disease to a person and if arising out of the foregoing, mental anguish,mental ínjury, shock, or humiliãtion,including death at any t¡me resulting therefrom. All terms and condiilons of thrs poficy apply unless modrfied by this endorsoment. j cc 72æ1216 lncludes æpyrighted materiarof lnsurance services office, rnc., with its permission. ACP 3028459207 - TRAFFIC CONTROL PLAN CO. OF WASHINGTON, LLC Page 5 of 5 Waltefield. Wend V Froml Scnt: To: SubJect: Atfðchmrnk: Wendy- Christopher Grose <chris@traffíccontrolplan.net > Thrrrsday, December 14,20lr7 4:14 pM Wakefiei¡J, Wendy RE; Ycur N¿tiÕnwicle Commerci¿l Insur¡nce irnag e001.er"nzj CÕntractcr,s Ënhancement.pri f AttachedisthecGT28Sform. lf thísisnotwhatyou need, letmeknowandlwill cåll rnyðgent. Ilelowisanemail &linftpertain¡n6totheL&lrequirenlentsforthesråfenfwashingtnn. Asasoleproprietor, lômnot :::i::j_ffrrry Workrnãn,s Compensarìon. I receivert rhis rêpty on S/t,{i/17 from Lita Ailenron. See betow berween IHuro chriu, Below ìs a link to Labor and lndustries Limited Liäb¡lity Çompanies U!rt;/.1_qw:t",1¿r.wa.¡¡rrv,/!.þ.i¡t:\_lt¡.rJJllr!tj!Ilr]l-l.l-,r/r,l¡;,qlll.h¡.tr.l All rnanagers whcr ¡te ¡lso nre¡rrþerr i,l tlre LLC ¿re cx{,u{redfronr coverage. Thank you Liln flliøn1on t'lecr:unl proe &iso,. Tø.nrn i (n't'¡i r¡¡ ¡ 6¡ 6Éruic øu $)g.pt tl i.:¿rbor n ncj ìnclus lrirr¿ .{i g.nilá:i g | ¡¡ i. w¿l, gq-v F. 3bü-.c)02.-45ßf Asforthe Autornobile insurance requirenrents',..rny business does not have anyvehicle¡ listed or registeredâ5 company :;:i,-yt work i¡ done using phone & email, I tlo rrot visir r.t t¡rn"r' ror r/o r provide rabor, equipment or onsite job Feel free to contact me with any other questions. jhank you.