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,
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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.