HomeMy WebLinkAboutCAG2020-198 - Original - Kent Stormwater System and Green River Animation ServicesApprovalOriginator: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 AGREEMENTs
between the City of Kent and
VanDevanter Associates
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and VanDevanter Associates organized under the laws of the State of Washington,
located and doing business at PO Box 13322, Burton, WA 98013, Phone: (206) 463-7611, Contact: Mark
VanDevanter (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
The Vendor shall provide the following goods and materials and/or perform the following services for
the City:
The Vendor perform a variety of refinements to Kent Stormwater System and Green River
Flood Systems informational videos for the Kent Stormwater System and Green River
Animation Services Project. For a description, see the Vendor's Scope of Work which is
attached as Exhibit A and incorporated by this reference.
The 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, the Vendor shall
complete the work and provide all goods, materials, and services by December 31, 2021.
III.COMPENSATION. The City shall pay the Vendor an amount not to exceed Nine Thousand,
Three Hundred Dollars ($9,300), 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 execution of agreement and delivery of video refinements.
Card Payment Program. The Vendor may elect to participate in automated credit card payments
provided for by the City and its financial institution. This Program is provided as an alternative to payment
GOODS & SERVICES AGREEMENT - 2
($20,000 or Less, including WSST)
by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this
Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card
companies. The Vendor shall not charge those fees back to the City.
If the City objects to all or any portion of an invoice, it shall notify the 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.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the
Vendor for any defective or unauthorized goods, materials or services. If the Vendor is
unable, for any reason, to complete any part of this Agreement, the City may obtain the
goods, materials or services from othe r sources, and the 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 the 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 the
Vendor’s services, or the Vendor is engaged in an i ndependently 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 the 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, the Vendor must submit a written amendment request to the
GOODS & SERVICES AGREEMENT - 3
($20,000 or Less, including WSST)
person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar
days of the date the Vendor knew or should have known of the facts and events giving rise to the requested
change. If the City determines that the change increase s 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 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 VIII, 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. A n amendment that is accepted by the
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.FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood,
or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent
to the other that at the time of signing this Agreement, they are able to perform as required and their
performance will not be prevented, hindered, or delayed by the current COVID -19 pandemic, any existing
state or national declarations of emergency, or any current social distancing restrictions or personal
protective equipment requirements that may be required under federal, state, or local law in response to
the current pandemic.
If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shal l be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation.
Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City
shall not be liable for, the payment of any part of the contract price during a force ma jeure event, or any
costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event.
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
If a force majeure event occurs, the City may direct the Vendor to restart any work or performance
that may have ceased, to change the work, or to take other action to secure the work or the project site
during the force majeure event. The cost to restart, change, or secure the work or project site arising from
a direction by the City under this clause will be dealt with as a change order, except to the extent that the
loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obl igations under
this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the
Vendor.
VIII.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
GOODS & SERVICES AGREEMENT - 4
($20,000 or Less, including WSST)
to have been waived by the Vendor unless a timely written claim is made in strict accordance with t he
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
City any written or oral order (including directions, instructions, interpretations, and
determination).
IX. 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.
X. WARRANTY. The 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. The 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 the Vendor’s representations to City. The Vendor shall
promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have
known of the defect, or (2) upon the 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
GOODS & SERVICES AGREEMENT - 5
($20,000 or Less, including WSST)
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.
XI. 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.
The 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.
XII. INDEMNIFICATION. The 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 the 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 the 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 the 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.
XIII. 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.
XIV. WORK PERFORMED AT VENDOR'S RISK. The 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 the
Vendor's own risk, and the 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.
XV. 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.
GOODS & SERVICES AGREEMENT - 6
($20,000 or Less, including WSST)
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 resol ution 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 XII 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 the 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 the 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 Vendor acknowledges that the City is a public agency subject to the
Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may
be subject to public review and disclosure, even if those records ar e not produced to or possessed by the
City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City’s duties and
obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
VENDOR:CITY OF KENT:
By
'%arré l/a*Da-azfui.By
(signature)Mark VanDevanterPrint Name
ItS' Pr¡ncipal
Print Name
Its:
Timothy J. LaPorte, P.E
Public Works Director
(t¡tte)DATE:zo
DATE: 06t1et2020
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
P : \Pu b lic\Ad m ¡ n i strati on\Con tra cts\Contracts Prc pared ( Kãth i)Wa n Þeva n te r Associates (2 )
GOODS & SERVICES AGREEMENT - 7
($20,000 or Less, including WSST)
NOTICES TO BE SENT TO:
VENDOR:
Mark VanDevanter
Va n Devanter Associates
PO Box L3322
Burton, WA 98013
(206) 463-7 6Lt (telephone)
N/A (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 8s6-5500 (telephone)
(253) 856-6500 (facsimile)
ATTEST:
Kent City Clerk
EEO COMPLIANCE DOCUMENTS - 1 of 3
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex,
race, color, national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
VanDevanter Associates
Principal
06/19/2020
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: _________________________________________
Kentr Svstem and Green RiverFlood Manasement SvstemAnimation rPowerPoint ServicesRev 6lL5l20Scope of Work: Perform a variety of refinements to Kent Stormwater System and Green River FloodSystems informational videos for the city of Kent, WA. These may be adapted to fit specificcommunication needs as determined by City of Kent Staff . Work on the ìtems below witl onty moveforward provided a notice to proceed from city of Kent StøffKent Stormwater Svstem Animation Elements: Current Kent Stormwater System PowerPoint includesanimated viewpoints and directions of flyovers which may need adjustments, based on requestedrevisions from city of Kent staff. Adjustments and revisions may be completed to emphasize specificelements of the Kent Stormwater System, including the locat¡ons and functionality of significantstormwater facilities such as dams, stormwater pump stations, major storm lines, and creek systems.Green River Flood Management Svstem Animation Elements: Current Green River Flood ManagementSystem PowerPoint includes animated viewpoints and directions of flyovers which may needadjustments, based on requested revisions from city of Kent staff. Adjustments and revisions will becompleted to emphasize specific elements of the Green River Flood Management System including thelocations and functionality of the Howard Hanson Dam, the USGS river gages, flooding of agriculturalareas and salmon habitat areas, and flood risk reduction provided by levees.Production and Related Activities: Refine GIS based overlays of the critical areas of the City of Kent'sStormwater System and the Green River Flood Management System to illustrate criticalfeatures of thesystems. lntegrate photos and illustrations as required.Script and animate a series of animated flyover tours over the model and integrate still imagery toillustrate the communication objectives as determined by City of Kent Staff.Assemble animation and other imagery into PowerPoint based presentations to reflect thecommunication objectives of this effort.Communicate and meet with city stafffor feedback, direction and overall progress.Anticipated Schedule: An agreed upon schedule will be prepared for each requested task, dependingon the city's needs and objectives. Work to begin upon notice to proceed from Kent staff.Total Proiected Hours/Cost: Not to Exceed 62 hours a S150.00/heu¡ = $9,300Mark Van Devanter, ArchitectVa n Deva nter AssoclafesP.O. Box 13322Burton,WA 98013206.463.7611Exhibit A
EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1.Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2.Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General
Liability insurance shall be endorsed to provide the Aggregate Per
Project Endorsement ISO form CG 25 03 11 85. The City shall be
named as an insured under the Consultant’s Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1.Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $100,000 per
accident.
2.Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, and $1,000,000 general
aggregate.
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant’s
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer’s liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
0ATË {r¡u/oonYYY)
17t2ì7.t1!t
TH ts CERTIFICA TE ts lssuED AS A MA ÏTER OF INFORMA TION ONL Ali,lÞ CüNFER$NO RIGHTS UPON THE CERTIFICA TE HOLDER,THIS
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PRooucÉR Lrberty Mutual lnsurance
PO Bóx 18806s
Fairfield, CIH 4S018
IfiguRÊ0
Mark Vandevanter
DBA Vandevanter As$ociates
PO Box 13322
Burton WA 98013
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CERTIFICATE OF LIABILITY INSURANCE
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oEscR¡Pfiol¡ of opÊR Ìroil$ / Locanor¡s /wltKL€3 l^cúRo '101, Addlllootl namtflt 8.hrdul., mty b. .tt.ch.d llmon tprc. ¡¡ ñqulrrd)
SHOUTD AIff OF THE ASOVE OESCRIEED POLICIES BE CANCELLEDBEFORETHEä(PIRÀTIOH OATE THEREOF, ilONCE WILL B¡
ryENCO
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ÀCCORDAI{CE WITH THE POLICY PROVISIOiIS,
ïhe Citv of Kent
Attn: Náncv Yoshitake
400 W Gowe St
KentWA 98032
6'rt-,
AUt[ói¡¡80 ft tPRGSENtAÌtVE
81056886615
COMMERCIAL GENERAL LIABILITY
cc 88 t0 04 t3
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT GAREFULLY.
COMMERCIAL GENERAL LIABILITY EXTENSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
INDEX
SUBJECT
NON.OWNED AIRCRAFT
NON.OWNED WATERCRAFT
PROPERTY DAMAGE LIABILITY . ELEVATORS
EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage)
MEDICAL PAYMENTS EXTENSION
EXTENSION OFSUPPLEMENTARY PAYMENTS .COVERAGES AAND B
ADDITIONAL INSUREDS . BY CONTRACT, AGREEMENT OR PERMTT
PRIMARY AND NON.CONTRIBUTORY. ADDITIONAL INSURED EXTENSION
ADDITIONAL ¡NSUREDS . EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE"
WHO IS AN INSURED .INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN
INSURED - FELLOW EMPLOYEE EXTENS¡ON .MANAGEMENT EMPLOYEES
NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES
FAILURE TO DISCLOSE HAZARDS AND PRIOR OGCURRENCES
KNOWLEDGE OF OCCURRENCE, OFFENSE, GLAIM OR SUIT
LIBERALIZATION CLAUSE
BODILY INJURY REDEFINED
EXTENDED PROPERTY DAMAGE
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US .
WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU
PAGE
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I
o 2013Liberty Mutual lnsurance
lncludes copyrighted material of lnsurance Services Office, lnc., with its permission.cG 88 l0 04 13 Page I of 8
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by
the endorsement.
A. NON.OWNED AIRCRAFT
Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily lnjury And ProperÇ Damage Liability,
exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided:
1. lt is not owned by any insured;
2. lt is hired, chartered or loaned with a trained paid crew;
3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of
the United States of America or Canada, designating her or him a commercial or airline pilot; and
4. lt is not being used to carry persons or property for a charge.
However, the insurance afforded by this provision does not apply if there is available to the insured other
valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically
in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under
this provision.
B. NON.OWNED WATERCRAFT
Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily lnjury And Property Damage Liability,
Subparagraph {2} of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following:
This exclusion does not apply to:
2) A watercraft you do not own that is:
a) Less than 52 feet long; and
b) Not being used to carry persons or property for a charge.
C. PROPERTY DAMAGE LIABILITY . ELEVATORS
1. Under Paragraph 2. Exclusions of Section f - Coverage A - Bodíly lnjury And Property Damage Liabil-
ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such ';property
damage" results from the use of elevators. For the purpose of this provision, elevators do not include
vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations.
2- The following is added to Section lV - Commercial General Liability Conditions, Condition 4. Other
lnsurance, Paragraph b. Excess lnsurance:
Ïhe insurance afforded by this provision of this endorsement is excess over any property insurance,
whether primary, excess, cont¡ngent or on any other basis.
D. EXTENDED DAMAGE To PROPERW RENTED To you (Tenant's property Damage)
lf Damage To Premises Rented To You is not otherwise excluded from this Coverage part:
I' Under Paragraph 2.Exclusionsof Section l-GoverageA-BodilylnjuryandProperty Damage Liability:
a. Ïhe fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow-
Íng:
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage
by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to:(¡)
Premises rented to you for a period oÍ 7 or fewer consecutive days; or
i¡) Contents that you rent or lease as part of a premises rental or lease agreement for a period of
more than 7 days.
Paragraphs (f ), (3ì and (4) of this exclusion do not apply to "property
premises rented to you for a period of 7 or fewer consecutive days.
damage" to contents of
A separate limit of insurance applies to this coverage as described in Section lll - Limits of
lnsurance.
tÇ-
@ 2olg Liberty Mutual lnsurance
lncludes copyrighted material of lnsurance services office, lnc,, with itspermissioncG88100413 Page 2 of 8
b. Ïhe last paragraph of subsection 2. Exclusions is replaced by the following:
Exclusions c, through n. do not apply to damage by fire, lightning, explosion, smoke or leakage
from automatic fìre protection systems to premises while rented to you or temporarily occupied by
you with permission of the owner. A separate limit of insurance âppl¡es to Damage To Premises
Rented To You as described in Section lll - Limits Of lnsurance.
2. Paragraph 6. under Section lll - Limits Of lnsurance is replaced by the following:
6' Subject to Paragraph 5, above, the Damage To Premises Rented To You Limit is the most we will
pay under Coverage A for damages because of "property damage', to:
a. Any one premise:
1) While rented to you; or
2) While rented to you or temporarily occupied by you with permission of the owner for
damage by fire, lightning, explosion, smoke or leakage from automatic protection sys-
tems; or
b. Contents that you rent or lease as part of a premises rental or lease agreement.
3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO
YOU (Tenant'e Property Damage) - Paragraph 9.a. of Definitions is replaced with the following:
9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises
that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or
leakage from automatic fire protection systems to premises while rented to you or temporarily
occupied by you with the permission of the owner, or for damage to conlents of such premises
that are included in your premises rental or lease agreement, is not an "insured contract".
E. MEDICAL PAYMENTS EXTENSION
lf Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy
are amended as follows:
Under Paragraph l. lnsuring Agreement of Section I - Goverage C - Medical Payments, Subparagraph
b) of Paragraph a. is replaced by the following:
b) The expenses are incurred and reported within three years of the date of the accident; and
F. EXTENSION OFSUPPLEMENTARY PAYMENTS .COVERAGESAAND B
1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following:
b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising
out of the use of any vehicle to which the Bodily lnjury Liability Coverage applies. We do not have
to furnish these bonds.
2. Paragraph 1.d. is replaced by the following:
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or
defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time
off from work.
G. ADDITIONAL INSUREDS . BY CONTRACT, AGREEMENT OR PERMIT
1. Paragraph 2. under Section ll - Who ls An lnsured is amended to include as an insured any person or
organization whom you have agreed to add as an additional insured in a written contract, written
agreemenl or permit. Such person or organization is an additional insured but only with respect to
liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole
or in part by:
a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance
of your on going operations for the additional insured thet ere the subject of the writlen contract or
written agreement provided that the "bodily injury" or "property damage" occurs, or the "per-
sonal and advertising injury" is committed, subsequent to the signing of such written contract or
written agreement; or
@ 20t31¡¡erty Mutual lnsuranc€
lncludes copyrighted material of lnsurance Services Office, lnc.,with its permiss¡oncG88100413 Page 3 of I
b. Premises or facilities rented by you or used by you, or
c. The maintenance, operation or use by you of equipment rented or leased to you by such person or
organization; or
d. Operations performed by you or on your behalf for which the state or political subdivision has
issued a permit subject to the following additional provisions:
f ) This insurance does not apply to "bodily injury", "property damage", or "personal and ad-
vertising injury" arising out of the operations performed for the state or political subdivision;
21 This insurance does not apply to "bodily injury" or "property damage" included within the
completed operations hazard".
3) lnsurance applies to premises you own, rent, or control but only with respect to the following
hazards:
a) The existence, maintenance, repair, construction, erection, or removal of advertising
signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees,
hoist away openings, sidewalk vaults, street banners, or decorations and similar expo-
sures; or
b) The construclion, erection, or removal of elevators; or
c) The ownership, maintenance, or use of any elevators covered by this insurance.
However:
1. The insurance afforded to such additional insured only applies to the extent permitted by law; and
2. lf coverage provided to the additional insured is required by a contract or agteement, the insur-
ance afforded to such additional insured will not be broader than that which you are required by
the contract or agreement to provide for such additional insured.
With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured
under this endorsement ends when:
1) All work, including materials, parts or equipment furnished in connection with such work, on
the project (other than service, maintenance or repairs) to be performed by or on behalf of the
additional insured(s) at the location of the covered operations has been completed; or
2) That portion of "your work" out of which the injury or damage arises has been put to its
intended use by any person or organizalion other than another contractor or subcontractor
engaged in performing operations for a principal as a part of the same project.
Wth respect to Paragraph 1.b. above, a person's or organization's status as an additional insured
under this endorsement ends when their written contract or written agreement with you for such
premises or facilities ends.
With respects to Paragraph l.c. above, this insurance does not apply to any "occurrence', which takes
place afier the equipment rental or lease agreement has expired or you have returned such equipment
to the lessor.
The insurance provided by this endorsement applies only if the written contract or written
is signed prior to the "bodily injury" or "property damage',.
We have no duty to defend an additional insured under this endorsement until we receive written
notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties ln the
Event Of Occurrence, Offense, Claim Or Suit under Section lV - Commercial General Liability Condi-
tions.
o ZOtaliberty Mutual lnsuranc€
lncludes copyrighted material of lneurance servic€s off¡ce, lnc., with its permission
agreement
cG 88 10 04 13 Page 4 of I
2. With respect to the insurance provided by this endorsement, the following are added to paragraph 2.
Exclusions under Section I - Coverage A - Bodily lnjury And Property Damage Liability:
This insurance does not apply to:
a. "Bodily injury" or "propelry damage" arising from the sole negligence of the additional insured.
b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the
location where such "bodily injury" or "property rlamage" occurs.
c, "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render-
ing of, or the failure to render, any professional architectural, engineering or surveying services,
including:
f ) ïhe preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions,
reports, surveys, fìeld orders, change orders or drawings and specifications; or
21 Supervisory, inspection, architectural orengineering activities,
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in
the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur-
rence" which caused the "bodily injury" or "property damage", or the offense which caused the
personal and advertising injury", involved the rendering of, or the failure to render, any professional
architectural, engineering orsurveying services.
d. "Bodily injury" or "property damage" occurring after:
1) All work, including materials, parts or equipment furnished in connection with such work, on
the project (other than service, maintenance or repairs) to be performed by or on behalf of the
additional insured(s) at the location of the covered operations has been completed; or
2) ïhat portion of "your work" out of which the injury or damage arises has been put to its
intended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for a principal as a part of the same project.
e. Any person or organization specifically designated as an additional insured for ongoing operations
by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is-
sued by us and made a part of this policy,
3, Wth respect to the insurance afforded to these additional insureds, the following is added to Section lll
Limits Of lnsurance:
lf coverage provided to the additional insured is required by a contract or agreement, the most we will
pay on behalf of the additional insured is the amount of insurance:
a. Required by the contract or agreement; or
b. Available under the applicable Limits of lnsurance shown in the Declaratlons;
whichever is less.
This endorsement shall not increase the applicable Limits of lnsurance shown in the Declaratio ns.
H. PRIMARY AND NON-CONTR¡BUTORY ADDITIONAL INSURED EXTENSION
This provision applies to any person or organization who qualifies as an additional insured under any form
or endorsement under this policy.
Condition 4. Other lnsurance of SECTION lV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend-
ed as foflows:
e. The following is added to Paragraph a. Primary lnsurance:
lf an additional insured's policy has an Other lnsurance provision making its policy excess, and you
have agreed in a written contract or written agreement to provide the additional insured coverage on a
primary and noncontributory basis, this policy shall be primary and we will not seek contribution from
the additional insured's policy for damages we cover.
@ 2013l¡berty Mutual lnsurance
lncludes copyrighted material of lnsurance Services Office, lnc., with its permission.cG 88 l0 04 13 Page 5 of I
b, The following is added to Paragraph b. Excess tnsurance:
When a written contract or written agreement, other than a premises lease, facilities rental contract or
agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political
subdivision between you and an additional insured does not require this insurance to be primary or
primary and non-contributory, this insurance is excess over any other insurance for which the addi-
tional insured is designated as a Named lnsured.
Regardless of the written agreement between you and an additional insured, this insurance is excess
over any other insurance whether primary, excess, contingent or on any other basis for wfiich the
additional insured has been added as an additional insured on other policies.
ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE"
This provision applies to any person or organization who qualifies as an additional insured under any form
or endorsement under this policy.
1. Ïhe following is added to Condition 2. Duties ln The Event Of Occurrence, Offense, Glaim or Suit:
An additional insured under this endorsement will as soon as practicable:
a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under
this insurance to us;
b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have
insurance available to the additional ínsured; and
c' Agree to make available any other insurance whích the additional insured has for a loss we
cover under this Coverage Part.
d. We have no duty to defend or indemnify an additional insured under this endorsement until
we receive written notice of a "suit" by the additional insured.
2. The limits of insurance applicable to the additional insured are those specified in a written contract
or written agreement or the limits of insurance as stated in the Declarations of this policy and
defined in Section lll - Limits of lnsurance of this policy, whichever are less. These limits are
inclusive of and not in addition to the limits of insurance available under this policy.
WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE
WHO IS AN INSURED - FELLOW EMPLOYEE EXTENS]ON - MANAGEMENT EMPLOYEES
Paragraph 2.a.(l) of section ll - who ls An lnsured is replaced with the following:
f ) "Bodily injury" or "personal and advertising injury":
a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if
you are a limited liability company), to a co-"employee" while in the course of his or her employ-
ment or performing duties related to the conduct of your business, or to your other "volunteer
workers'' while performing duties related to the conduct of your business;
b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker,' as a
consequence of Paragraph (l) (a| above;
c) For which there is any obligation to share damages with or repay someone else who must pay
damages because of the injury described in paragraphs (1) (a) or (b) above; or
d) Arisíng out of his or her provid¡ng or failing to provide professional health care services. However,
if you are not in the business of providing professional health care services or providing profes-
sional health care personnel to others, or if coverage for providing professional health care ser-
vices is not otherwise excluded by separate endorsement, this provision (paragraph (d)) does not
apply.
Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury,' causedbyan "employee" who is acting in a supervisory ,capacity for you. Supervisory capacity ai used hereinmeansthe "employee's" job responsibilíties assigned by you, includes the direct superviiion of other ',employ*
ees" of yours. However, none of these "employees" are insureds for "bodily injury,' or ,,personal
ánO
o 20t3Liuerty Mutual lnsurance
lncludes copyr¡ghted material of lnsurance services off¡ce, lnc., with its perm¡ssion.
J
cG 88 l0 04 t3 Page 6 of 8
g
advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to
cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica-
tion by liquor or controlled substances.
lhe coverage provided by provision J, is excess over any other valid and collectable insurance available to
your "employee".
K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES
Paragraph 3. of Section ll - IlVho ls An lnsured is replaced by the following:
3. Any organization you newly acquire or form and over which you maintain ownership or majority
interest, will qualify as a Named lnsured if there is no other similar insurance available to that
organization. However:
a. Coverage under this provision is afforded only until the expiration of the policy period in
which the entity was acquired or formed by you;
b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you
acquired or formed the organization; and
c. Coverage B does not apply to "personal and advertising injury" arising out of an offense
committed before you acquired or formed the organization.
d. Records and descriptions of operations must be maintained by the first Named lnsured.
No person or organization is an insured with respect to the conduct of any current or past partnership, joint
venture or limited liability company that is not shown as a Named lnsured in the Declarations or qualifies
as an insured under this provision,
L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES
Under Section lV - Gommercial General Liability Conditions, the following is added to Condition 6. Repre-
sentations:
Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy
shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or
prior "occurrences" is not intentional.
M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT
Under Section lV - Commercial General Liablllty Conditions, the following is added to Condition 2. Duties
ln The Event of Occurrence, Offense, Claim Or Suit:
Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any
insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph
1. of Section ll -ltllho lsAn lnsured or aperson who has been designated by them to receive reports of
occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or
employee".
N. LIBERALIZATION CLAUSE
lf we revise this Commercial General Liability Extension
additional premium charge, your policy will automatically
effective in your state.
Endorsement to provide more coverage without
provide the coverage as of the day the revision is
O. BODILY INJURY REDEF¡NED
Under Section V - Definitions, Definition 3. is replaced by the following:
3. "Bodily lnjury" means physical injury, sickness or disease sustained by a person. This includes
mental anguish, mental injury, shock, fright or death that results from such physical injury, sick-
ness or disease.
o 20131¡berty Mutusl lnsurance
lncludes copyrighted material of lnsurance Services Office, lnc., with its permission.cG 88 't0 04 ,r3 Page 7 of 8
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P. EXTENDED PROPERTYDAMAGE
Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LtABtLtTY is reptaced by the
following:
a. Expected Or lntended Injury
Bodily injury" or "property damage" expected or intended from the standpoint of the insured.
This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of
reasonable force to protect persons or property.
O. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US . WHEN REQUIRED IN Á.
CONTRACT OR AGREEMENT WITH YOU
Under Section lV - Gommercial General Liability Cond¡t¡ons, the following is added to Condition B. Trans-
fer Of Rights Of Recovery Against Others To Us:
We waive any right of recovery we may have against a person or organization because of payments we
make for injury or damage arising out of your ongoing operations or "your work" done under a
contract with that person or organization and included in the "products-completed operations hazard',
provided:
1. You and that person or organization have agreed in writing in a contract or agreement that you
waive such rights against that person or organization; and
2. The injury or damage occurs subsequent to the execution of the written contract or written agree-
ment.
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BURTON WA 9BOI3O322
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cor, coveroges including l¡mits ond deductibles, and oùers nomed on lhe currenl policy.
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AUTO POTICY
Policy number:
Policy pericd;
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COVERAGES limir¡/Dcduoiblc
Bodily lniury $ 100,t00 eoch person/$300,000 eoch occurrence
Proporty Domogo liobilily $50,000 eqch occurrence
Underinsured Molorist Bodily lniury $ I00,000 eoch personf$300.000 eoch occurrenco
Undorinsurad Molorist Property Domoge $50,000 euch occurrence
Personsl lnjury Protection $ 10,000
Loss of lncome $200 mox per week/$ 10,400 mox per Õccurrence eoch person
Collision Deductible: $500
Comprehensive Deductible: $ì00
Towing $ 100
Renlol Reimbursemenl $30 per doy/$g00 per ôccurrence
OTHER INNNESTS
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Toyoto Finonciol, P O Box ó0114. Cítyof lndurtry, CA glZló$l l4
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GOODS & SERVICES AGREEMENT - 1
($20,000 or Less, incl. WSST)
GOODS & SERVICES AGREEMENTs
between the City of Kent and
VanDevanter Associates
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and VanDevanter Associates organized under the laws of the State of Washington,
located and doing business at PO Box 13322, Burton, WA 98013, Phone: (206) 463-7611, Contact: Mark
VanDevanter (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
The Vendor shall provide the following goods and materials and/or perform the following services for
the City:
The Vendor perform a variety of refinements to Kent Stormwater System and Green River
Flood Systems informational videos for the Kent Stormwater System and Green River
Animation Services Project. For a description, see the Vendor's Scope of Work which is
attached as Exhibit A and incorporated by this reference.
The 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, the Vendor shall
complete the work and provide all goods, materials, and services by December 31, 2021.
III.COMPENSATION. The City shall pay the Vendor an amount not to exceed Nine Thousand,
Three Hundred Dollars ($9,300), 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 execution of agreement and delivery of video refinements.
Card Payment Program. The Vendor may elect to participate in automated credit card payments
provided for by the City and its financial institution. This Program is provided as an alternative to payment
GOODS & SERVICES AGREEMENT - 2
($20,000 or Less, including WSST)
by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this
Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card
companies. The Vendor shall not charge those fees back to the City.
If the City objects to all or any portion of an invoice, it shall notify the 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.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the
Vendor for any defective or unauthorized goods, materials or services. If the Vendor is
unable, for any reason, to complete any part of this Agreement, the City may obtain the
goods, materials or services from othe r sources, and the 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 the 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 the
Vendor’s services, or the Vendor is engaged in an i ndependently 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 the 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, the Vendor must submit a written amendment request to the
GOODS & SERVICES AGREEMENT - 3
($20,000 or Less, including WSST)
person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar
days of the date the Vendor knew or should have known of the facts and events giving rise to the requested
change. If the City determines that the change increase s 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 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 VIII, 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. A n amendment that is accepted by the
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.FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood,
or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent
to the other that at the time of signing this Agreement, they are able to perform as required and their
performance will not be prevented, hindered, or delayed by the current COVID -19 pandemic, any existing
state or national declarations of emergency, or any current social distancing restrictions or personal
protective equipment requirements that may be required under federal, state, or local law in response to
the current pandemic.
If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shal l be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation.
Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City
shall not be liable for, the payment of any part of the contract price during a force ma jeure event, or any
costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event.
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
If a force majeure event occurs, the City may direct the Vendor to restart any work or performance
that may have ceased, to change the work, or to take other action to secure the work or the project site
during the force majeure event. The cost to restart, change, or secure the work or project site arising from
a direction by the City under this clause will be dealt with as a change order, except to the extent that the
loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obl igations under
this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the
Vendor.
VIII.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
GOODS & SERVICES AGREEMENT - 4
($20,000 or Less, including WSST)
to have been waived by the Vendor unless a timely written claim is made in strict accordance with t he
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
City any written or oral order (including directions, instructions, interpretations, and
determination).
IX. 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.
X. WARRANTY. The 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. The 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 the Vendor’s representations to City. The Vendor shall
promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have
known of the defect, or (2) upon the 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
GOODS & SERVICES AGREEMENT - 5
($20,000 or Less, including WSST)
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.
XI. 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.
The 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.
XII. INDEMNIFICATION. The 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 the 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 the 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 the 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.
XIII. 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.
XIV. WORK PERFORMED AT VENDOR'S RISK. The 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 the
Vendor's own risk, and the 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.
XV. 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.
GOODS & SERVICES AGREEMENT - 6
($20,000 or Less, including WSST)
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 resol ution 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 XII 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 the 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 the 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 Vendor acknowledges that the City is a public agency subject to the
Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may
be subject to public review and disclosure, even if those records ar e not produced to or possessed by the
City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City’s duties and
obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
VENDOR:CITY OF KENT:
By
'%arré l/a*Da-azfui.By
(signature)Mark VanDevanterPrint Name
ItS' Pr¡ncipal
Print Name
Its:
Timothy J. LaPorte, P.E
Public Works Director
(t¡tte)DATE:zo
DATE: 06t1et2020
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
P : \Pu b lic\Ad m ¡ n i strati on\Con tra cts\Contracts Prc pared ( Kãth i)Wa n Þeva n te r Associates (2 )
GOODS & SERVICES AGREEMENT - 7
($20,000 or Less, including WSST)
NOTICES TO BE SENT TO:
VENDOR:
Mark VanDevanter
Va n Devanter Associates
PO Box L3322
Burton, WA 98013
(206) 463-7 6Lt (telephone)
N/A (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 8s6-5500 (telephone)
(253) 856-6500 (facsimile)
ATTEST:
Kent City Clerk
EEO COMPLIANCE DOCUMENTS - 1 of 3
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex,
race, color, national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
VanDevanter Associates
Principal
06/19/2020
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: _________________________________________
Kentr Svstem and Green RiverFlood Manasement SvstemAnimation rPowerPoint ServicesRev 6lL5l20Scope of Work: Perform a variety of refinements to Kent Stormwater System and Green River FloodSystems informational videos for the city of Kent, WA. These may be adapted to fit specificcommunication needs as determined by City of Kent Staff . Work on the ìtems below witl onty moveforward provided a notice to proceed from city of Kent StøffKent Stormwater Svstem Animation Elements: Current Kent Stormwater System PowerPoint includesanimated viewpoints and directions of flyovers which may need adjustments, based on requestedrevisions from city of Kent staff. Adjustments and revisions may be completed to emphasize specificelements of the Kent Stormwater System, including the locat¡ons and functionality of significantstormwater facilities such as dams, stormwater pump stations, major storm lines, and creek systems.Green River Flood Management Svstem Animation Elements: Current Green River Flood ManagementSystem PowerPoint includes animated viewpoints and directions of flyovers which may needadjustments, based on requested revisions from city of Kent staff. Adjustments and revisions will becompleted to emphasize specific elements of the Green River Flood Management System including thelocations and functionality of the Howard Hanson Dam, the USGS river gages, flooding of agriculturalareas and salmon habitat areas, and flood risk reduction provided by levees.Production and Related Activities: Refine GIS based overlays of the critical areas of the City of Kent'sStormwater System and the Green River Flood Management System to illustrate criticalfeatures of thesystems. lntegrate photos and illustrations as required.Script and animate a series of animated flyover tours over the model and integrate still imagery toillustrate the communication objectives as determined by City of Kent Staff.Assemble animation and other imagery into PowerPoint based presentations to reflect thecommunication objectives of this effort.Communicate and meet with city stafffor feedback, direction and overall progress.Anticipated Schedule: An agreed upon schedule will be prepared for each requested task, dependingon the city's needs and objectives. Work to begin upon notice to proceed from Kent staff.Total Proiected Hours/Cost: Not to Exceed 62 hours a S150.00/heu¡ = $9,300Mark Van Devanter, ArchitectVa n Deva nter AssoclafesP.O. Box 13322Burton,WA 98013206.463.7611Exhibit A
EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1.Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2.Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General
Liability insurance shall be endorsed to provide the Aggregate Per
Project Endorsement ISO form CG 25 03 11 85. The City shall be
named as an insured under the Consultant’s Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1.Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $100,000 per
accident.
2.Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, and $1,000,000 general
aggregate.
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant’s
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer’s liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
0ATË {r¡u/oonYYY)
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TH ts CERTIFICA TE ts lssuED AS A MA ÏTER OF INFORMA TION ONL Ali,lÞ CüNFER$NO RIGHTS UPON THE CERTIFICA TE HOLDER,THIS
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PRooucÉR Lrberty Mutual lnsurance
PO Bóx 18806s
Fairfield, CIH 4S018
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Mark Vandevanter
DBA Vandevanter As$ociates
PO Box 13322
Burton WA 98013
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oEscR¡Pfiol¡ of opÊR Ìroil$ / Locanor¡s /wltKL€3 l^cúRo '101, Addlllootl namtflt 8.hrdul., mty b. .tt.ch.d llmon tprc. ¡¡ ñqulrrd)
SHOUTD AIff OF THE ASOVE OESCRIEED POLICIES BE CANCELLEDBEFORETHEä(PIRÀTIOH OATE THEREOF, ilONCE WILL B¡
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ÀCCORDAI{CE WITH THE POLICY PROVISIOiIS,
ïhe Citv of Kent
Attn: Náncv Yoshitake
400 W Gowe St
KentWA 98032
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81056886615
COMMERCIAL GENERAL LIABILITY
cc 88 t0 04 t3
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT GAREFULLY.
COMMERCIAL GENERAL LIABILITY EXTENSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
INDEX
SUBJECT
NON.OWNED AIRCRAFT
NON.OWNED WATERCRAFT
PROPERTY DAMAGE LIABILITY . ELEVATORS
EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage)
MEDICAL PAYMENTS EXTENSION
EXTENSION OFSUPPLEMENTARY PAYMENTS .COVERAGES AAND B
ADDITIONAL INSUREDS . BY CONTRACT, AGREEMENT OR PERMTT
PRIMARY AND NON.CONTRIBUTORY. ADDITIONAL INSURED EXTENSION
ADDITIONAL ¡NSUREDS . EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE"
WHO IS AN INSURED .INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN
INSURED - FELLOW EMPLOYEE EXTENS¡ON .MANAGEMENT EMPLOYEES
NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES
FAILURE TO DISCLOSE HAZARDS AND PRIOR OGCURRENCES
KNOWLEDGE OF OCCURRENCE, OFFENSE, GLAIM OR SUIT
LIBERALIZATION CLAUSE
BODILY INJURY REDEFINED
EXTENDED PROPERTY DAMAGE
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US .
WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU
PAGE
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2
2
3
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I
o 2013Liberty Mutual lnsurance
lncludes copyrighted material of lnsurance Services Office, lnc., with its permission.cG 88 l0 04 13 Page I of 8
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by
the endorsement.
A. NON.OWNED AIRCRAFT
Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily lnjury And ProperÇ Damage Liability,
exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided:
1. lt is not owned by any insured;
2. lt is hired, chartered or loaned with a trained paid crew;
3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of
the United States of America or Canada, designating her or him a commercial or airline pilot; and
4. lt is not being used to carry persons or property for a charge.
However, the insurance afforded by this provision does not apply if there is available to the insured other
valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically
in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under
this provision.
B. NON.OWNED WATERCRAFT
Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily lnjury And Property Damage Liability,
Subparagraph {2} of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following:
This exclusion does not apply to:
2) A watercraft you do not own that is:
a) Less than 52 feet long; and
b) Not being used to carry persons or property for a charge.
C. PROPERTY DAMAGE LIABILITY . ELEVATORS
1. Under Paragraph 2. Exclusions of Section f - Coverage A - Bodíly lnjury And Property Damage Liabil-
ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such ';property
damage" results from the use of elevators. For the purpose of this provision, elevators do not include
vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations.
2- The following is added to Section lV - Commercial General Liability Conditions, Condition 4. Other
lnsurance, Paragraph b. Excess lnsurance:
Ïhe insurance afforded by this provision of this endorsement is excess over any property insurance,
whether primary, excess, cont¡ngent or on any other basis.
D. EXTENDED DAMAGE To PROPERW RENTED To you (Tenant's property Damage)
lf Damage To Premises Rented To You is not otherwise excluded from this Coverage part:
I' Under Paragraph 2.Exclusionsof Section l-GoverageA-BodilylnjuryandProperty Damage Liability:
a. Ïhe fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow-
Íng:
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage
by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to:(¡)
Premises rented to you for a period oÍ 7 or fewer consecutive days; or
i¡) Contents that you rent or lease as part of a premises rental or lease agreement for a period of
more than 7 days.
Paragraphs (f ), (3ì and (4) of this exclusion do not apply to "property
premises rented to you for a period of 7 or fewer consecutive days.
damage" to contents of
A separate limit of insurance applies to this coverage as described in Section lll - Limits of
lnsurance.
tÇ-
@ 2olg Liberty Mutual lnsurance
lncludes copyrighted material of lnsurance services office, lnc,, with itspermissioncG88100413 Page 2 of 8
b. Ïhe last paragraph of subsection 2. Exclusions is replaced by the following:
Exclusions c, through n. do not apply to damage by fire, lightning, explosion, smoke or leakage
from automatic fìre protection systems to premises while rented to you or temporarily occupied by
you with permission of the owner. A separate limit of insurance âppl¡es to Damage To Premises
Rented To You as described in Section lll - Limits Of lnsurance.
2. Paragraph 6. under Section lll - Limits Of lnsurance is replaced by the following:
6' Subject to Paragraph 5, above, the Damage To Premises Rented To You Limit is the most we will
pay under Coverage A for damages because of "property damage', to:
a. Any one premise:
1) While rented to you; or
2) While rented to you or temporarily occupied by you with permission of the owner for
damage by fire, lightning, explosion, smoke or leakage from automatic protection sys-
tems; or
b. Contents that you rent or lease as part of a premises rental or lease agreement.
3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO
YOU (Tenant'e Property Damage) - Paragraph 9.a. of Definitions is replaced with the following:
9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises
that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or
leakage from automatic fire protection systems to premises while rented to you or temporarily
occupied by you with the permission of the owner, or for damage to conlents of such premises
that are included in your premises rental or lease agreement, is not an "insured contract".
E. MEDICAL PAYMENTS EXTENSION
lf Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy
are amended as follows:
Under Paragraph l. lnsuring Agreement of Section I - Goverage C - Medical Payments, Subparagraph
b) of Paragraph a. is replaced by the following:
b) The expenses are incurred and reported within three years of the date of the accident; and
F. EXTENSION OFSUPPLEMENTARY PAYMENTS .COVERAGESAAND B
1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following:
b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising
out of the use of any vehicle to which the Bodily lnjury Liability Coverage applies. We do not have
to furnish these bonds.
2. Paragraph 1.d. is replaced by the following:
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or
defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time
off from work.
G. ADDITIONAL INSUREDS . BY CONTRACT, AGREEMENT OR PERMIT
1. Paragraph 2. under Section ll - Who ls An lnsured is amended to include as an insured any person or
organization whom you have agreed to add as an additional insured in a written contract, written
agreemenl or permit. Such person or organization is an additional insured but only with respect to
liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole
or in part by:
a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance
of your on going operations for the additional insured thet ere the subject of the writlen contract or
written agreement provided that the "bodily injury" or "property damage" occurs, or the "per-
sonal and advertising injury" is committed, subsequent to the signing of such written contract or
written agreement; or
@ 20t31¡¡erty Mutual lnsuranc€
lncludes copyrighted material of lnsurance Services Office, lnc.,with its permiss¡oncG88100413 Page 3 of I
b. Premises or facilities rented by you or used by you, or
c. The maintenance, operation or use by you of equipment rented or leased to you by such person or
organization; or
d. Operations performed by you or on your behalf for which the state or political subdivision has
issued a permit subject to the following additional provisions:
f ) This insurance does not apply to "bodily injury", "property damage", or "personal and ad-
vertising injury" arising out of the operations performed for the state or political subdivision;
21 This insurance does not apply to "bodily injury" or "property damage" included within the
completed operations hazard".
3) lnsurance applies to premises you own, rent, or control but only with respect to the following
hazards:
a) The existence, maintenance, repair, construction, erection, or removal of advertising
signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees,
hoist away openings, sidewalk vaults, street banners, or decorations and similar expo-
sures; or
b) The construclion, erection, or removal of elevators; or
c) The ownership, maintenance, or use of any elevators covered by this insurance.
However:
1. The insurance afforded to such additional insured only applies to the extent permitted by law; and
2. lf coverage provided to the additional insured is required by a contract or agteement, the insur-
ance afforded to such additional insured will not be broader than that which you are required by
the contract or agreement to provide for such additional insured.
With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured
under this endorsement ends when:
1) All work, including materials, parts or equipment furnished in connection with such work, on
the project (other than service, maintenance or repairs) to be performed by or on behalf of the
additional insured(s) at the location of the covered operations has been completed; or
2) That portion of "your work" out of which the injury or damage arises has been put to its
intended use by any person or organizalion other than another contractor or subcontractor
engaged in performing operations for a principal as a part of the same project.
Wth respect to Paragraph 1.b. above, a person's or organization's status as an additional insured
under this endorsement ends when their written contract or written agreement with you for such
premises or facilities ends.
With respects to Paragraph l.c. above, this insurance does not apply to any "occurrence', which takes
place afier the equipment rental or lease agreement has expired or you have returned such equipment
to the lessor.
The insurance provided by this endorsement applies only if the written contract or written
is signed prior to the "bodily injury" or "property damage',.
We have no duty to defend an additional insured under this endorsement until we receive written
notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties ln the
Event Of Occurrence, Offense, Claim Or Suit under Section lV - Commercial General Liability Condi-
tions.
o ZOtaliberty Mutual lnsuranc€
lncludes copyrighted material of lneurance servic€s off¡ce, lnc., with its permission
agreement
cG 88 10 04 13 Page 4 of I
2. With respect to the insurance provided by this endorsement, the following are added to paragraph 2.
Exclusions under Section I - Coverage A - Bodily lnjury And Property Damage Liability:
This insurance does not apply to:
a. "Bodily injury" or "propelry damage" arising from the sole negligence of the additional insured.
b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the
location where such "bodily injury" or "property rlamage" occurs.
c, "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render-
ing of, or the failure to render, any professional architectural, engineering or surveying services,
including:
f ) ïhe preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions,
reports, surveys, fìeld orders, change orders or drawings and specifications; or
21 Supervisory, inspection, architectural orengineering activities,
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in
the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur-
rence" which caused the "bodily injury" or "property damage", or the offense which caused the
personal and advertising injury", involved the rendering of, or the failure to render, any professional
architectural, engineering orsurveying services.
d. "Bodily injury" or "property damage" occurring after:
1) All work, including materials, parts or equipment furnished in connection with such work, on
the project (other than service, maintenance or repairs) to be performed by or on behalf of the
additional insured(s) at the location of the covered operations has been completed; or
2) ïhat portion of "your work" out of which the injury or damage arises has been put to its
intended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for a principal as a part of the same project.
e. Any person or organization specifically designated as an additional insured for ongoing operations
by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is-
sued by us and made a part of this policy,
3, Wth respect to the insurance afforded to these additional insureds, the following is added to Section lll
Limits Of lnsurance:
lf coverage provided to the additional insured is required by a contract or agreement, the most we will
pay on behalf of the additional insured is the amount of insurance:
a. Required by the contract or agreement; or
b. Available under the applicable Limits of lnsurance shown in the Declaratlons;
whichever is less.
This endorsement shall not increase the applicable Limits of lnsurance shown in the Declaratio ns.
H. PRIMARY AND NON-CONTR¡BUTORY ADDITIONAL INSURED EXTENSION
This provision applies to any person or organization who qualifies as an additional insured under any form
or endorsement under this policy.
Condition 4. Other lnsurance of SECTION lV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend-
ed as foflows:
e. The following is added to Paragraph a. Primary lnsurance:
lf an additional insured's policy has an Other lnsurance provision making its policy excess, and you
have agreed in a written contract or written agreement to provide the additional insured coverage on a
primary and noncontributory basis, this policy shall be primary and we will not seek contribution from
the additional insured's policy for damages we cover.
@ 2013l¡berty Mutual lnsurance
lncludes copyrighted material of lnsurance Services Office, lnc., with its permission.cG 88 l0 04 13 Page 5 of I
b, The following is added to Paragraph b. Excess tnsurance:
When a written contract or written agreement, other than a premises lease, facilities rental contract or
agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political
subdivision between you and an additional insured does not require this insurance to be primary or
primary and non-contributory, this insurance is excess over any other insurance for which the addi-
tional insured is designated as a Named lnsured.
Regardless of the written agreement between you and an additional insured, this insurance is excess
over any other insurance whether primary, excess, contingent or on any other basis for wfiich the
additional insured has been added as an additional insured on other policies.
ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE"
This provision applies to any person or organization who qualifies as an additional insured under any form
or endorsement under this policy.
1. Ïhe following is added to Condition 2. Duties ln The Event Of Occurrence, Offense, Glaim or Suit:
An additional insured under this endorsement will as soon as practicable:
a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under
this insurance to us;
b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have
insurance available to the additional ínsured; and
c' Agree to make available any other insurance whích the additional insured has for a loss we
cover under this Coverage Part.
d. We have no duty to defend or indemnify an additional insured under this endorsement until
we receive written notice of a "suit" by the additional insured.
2. The limits of insurance applicable to the additional insured are those specified in a written contract
or written agreement or the limits of insurance as stated in the Declarations of this policy and
defined in Section lll - Limits of lnsurance of this policy, whichever are less. These limits are
inclusive of and not in addition to the limits of insurance available under this policy.
WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE
WHO IS AN INSURED - FELLOW EMPLOYEE EXTENS]ON - MANAGEMENT EMPLOYEES
Paragraph 2.a.(l) of section ll - who ls An lnsured is replaced with the following:
f ) "Bodily injury" or "personal and advertising injury":
a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if
you are a limited liability company), to a co-"employee" while in the course of his or her employ-
ment or performing duties related to the conduct of your business, or to your other "volunteer
workers'' while performing duties related to the conduct of your business;
b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker,' as a
consequence of Paragraph (l) (a| above;
c) For which there is any obligation to share damages with or repay someone else who must pay
damages because of the injury described in paragraphs (1) (a) or (b) above; or
d) Arisíng out of his or her provid¡ng or failing to provide professional health care services. However,
if you are not in the business of providing professional health care services or providing profes-
sional health care personnel to others, or if coverage for providing professional health care ser-
vices is not otherwise excluded by separate endorsement, this provision (paragraph (d)) does not
apply.
Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury,' causedbyan "employee" who is acting in a supervisory ,capacity for you. Supervisory capacity ai used hereinmeansthe "employee's" job responsibilíties assigned by you, includes the direct superviiion of other ',employ*
ees" of yours. However, none of these "employees" are insureds for "bodily injury,' or ,,personal
ánO
o 20t3Liuerty Mutual lnsurance
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cG 88 l0 04 t3 Page 6 of 8
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advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to
cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica-
tion by liquor or controlled substances.
lhe coverage provided by provision J, is excess over any other valid and collectable insurance available to
your "employee".
K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES
Paragraph 3. of Section ll - IlVho ls An lnsured is replaced by the following:
3. Any organization you newly acquire or form and over which you maintain ownership or majority
interest, will qualify as a Named lnsured if there is no other similar insurance available to that
organization. However:
a. Coverage under this provision is afforded only until the expiration of the policy period in
which the entity was acquired or formed by you;
b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you
acquired or formed the organization; and
c. Coverage B does not apply to "personal and advertising injury" arising out of an offense
committed before you acquired or formed the organization.
d. Records and descriptions of operations must be maintained by the first Named lnsured.
No person or organization is an insured with respect to the conduct of any current or past partnership, joint
venture or limited liability company that is not shown as a Named lnsured in the Declarations or qualifies
as an insured under this provision,
L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES
Under Section lV - Gommercial General Liability Conditions, the following is added to Condition 6. Repre-
sentations:
Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy
shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or
prior "occurrences" is not intentional.
M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT
Under Section lV - Commercial General Liablllty Conditions, the following is added to Condition 2. Duties
ln The Event of Occurrence, Offense, Claim Or Suit:
Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any
insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph
1. of Section ll -ltllho lsAn lnsured or aperson who has been designated by them to receive reports of
occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or
employee".
N. LIBERALIZATION CLAUSE
lf we revise this Commercial General Liability Extension
additional premium charge, your policy will automatically
effective in your state.
Endorsement to provide more coverage without
provide the coverage as of the day the revision is
O. BODILY INJURY REDEF¡NED
Under Section V - Definitions, Definition 3. is replaced by the following:
3. "Bodily lnjury" means physical injury, sickness or disease sustained by a person. This includes
mental anguish, mental injury, shock, fright or death that results from such physical injury, sick-
ness or disease.
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P. EXTENDED PROPERTYDAMAGE
Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LtABtLtTY is reptaced by the
following:
a. Expected Or lntended Injury
Bodily injury" or "property damage" expected or intended from the standpoint of the insured.
This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of
reasonable force to protect persons or property.
O. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US . WHEN REQUIRED IN Á.
CONTRACT OR AGREEMENT WITH YOU
Under Section lV - Gommercial General Liability Cond¡t¡ons, the following is added to Condition B. Trans-
fer Of Rights Of Recovery Against Others To Us:
We waive any right of recovery we may have against a person or organization because of payments we
make for injury or damage arising out of your ongoing operations or "your work" done under a
contract with that person or organization and included in the "products-completed operations hazard',
provided:
1. You and that person or organization have agreed in writing in a contract or agreement that you
waive such rights against that person or organization; and
2. The injury or damage occurs subsequent to the execution of the written contract or written agree-
ment.
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lffi/
PËruco ,300 Ooxtor AvanusNlnsurancçSsatlla, WA 98l0?-35¡l
Februory 14,202t Represenlolive PEMCO Cuslomer Service
r.8oO.GC.}PEMCA I t -8044ó7-3 62ól
Proof of in¡uranca far¡
STFPHANIE ß. VANDEV,ÀNTER
MARK A. VANDEVANTER
PO BOX 't3322
BURTON WA 9BOI3O322
This confirms lhot our cuslomer {nomed obove} hos insuronce with PEMCO. Pleose see deþilt below on the
cor, coveroges including l¡mits ond deductibles, and oùers nomed on lhe currenl policy.
This leiler is proof of oulo in¡uronc¡ o¡ of the dote obove. lt doasn't loke lhe ploce of on insuronce
idenlificolion cord, isn't cn insuronce policy, ond doesn't chonge üe coveroge provided by lhis policy.
Coveroges, limits, ond deductibles orê sccurüte os of üe dote of ùis le[er.
lf you hove ony questions, pleose coll l-80OSOPEMCO {t.5064ó7-3ó2ó).
PEI\TICO Mutuol lnsuronce Compony
AUTO POTICY
Policy number:
Policy pericd;
c40416721
a2 / 28 1 2020 ø a2 / 28 I 2o2 t
20t2 TOyOTA pntus v vtN JTDZN3EU0C3044B02
COVERAGES limir¡/Dcduoiblc
Bodily lniury $ 100,t00 eoch person/$300,000 eoch occurrence
Proporty Domogo liobilily $50,000 eqch occurrence
Underinsured Molorist Bodily lniury $ I00,000 eoch personf$300.000 eoch occurrenco
Undorinsurad Molorist Property Domoge $50,000 euch occurrence
Personsl lnjury Protection $ 10,000
Loss of lncome $200 mox per week/$ 10,400 mox per Õccurrence eoch person
Collision Deductible: $500
Comprehensive Deductible: $ì00
Towing $ 100
Renlol Reimbursemenl $30 per doy/$g00 per ôccurrence
OTHER INNNESTS
Losr Poyee, Loon Number - Not Avoiloble
Toyoto Finonciol, P O Box ó0114. Cítyof lndurtry, CA glZló$l l4
ìil&03 t0l fl*¡ $î,/?01f
Poça I *{ I