HomeMy WebLinkAboutCAG2021-003 - Original - R.F. Duncan & Associates, Inc. - Signature Point Levee Appraisal Review Services - 12/30/2020ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
o Director or Designee o Mayor
Date of Council Approval:
Budget Account Number:
Budget? o Yes o No
Grant? o Yes o No
Type:Review/Signatures/RoutingDate Received by City Attorney:Comments:
Date Routed to the Mayor’s Office:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? o Yes o No*
*If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
o Yes o No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
PROFESSIONAL SERVICES AGREEMENT - 1
($20,000 or Less)
PROFESSIONAL SERVICES AGREEMENT
between the City of Kent and
R. F. Duncan & Associates Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter
the "City"), and R. F. Duncan & Associates Inc. organized under the laws of the State of Washington, located
and doing business at PO Box 12300, Olympia, WA 98508, Phone: (360) 951-8258, Contact: Richard Duncan
(hereinafter the "Contractor").
I. DESCRIPTION OF WORK.
The Contractor shall perform the following services for the City:
The Contractor shall provide appraisal review services for the Signature Pointe
Apartments. For a description, see the Contractor's Scope of Work which is
attached as Exhibit A and incorporated by this reference.
The Contractor further represents that the services furnished under this Agreement will be performed
in accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement, and the Contractor shall complete
the work by December 22, 2021.
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed One
Thousand, Two Hundred Dollars ($1,200) for the services described in this Agreement. The Contractor shall
invoice the City monthly based on time and materials incurred during the preceding month. The hourly
rates charged for the Contractor’s services shall be as delineated in the attached and incorporated Exhibit
A. All hourly rates charged shall remain locked at the negotiated rates throughout the term of this
Agreement.
Card Payment Program. The Contractor 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
by check and is available for the convenience of the Contractor. If the Contractor voluntarily participates in
this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or credit
card companies. The Contractor shall not charge those fees back to the City.
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 Contractor 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 Contractor maintains and pays for its own place of business from which the
Contractor’s services under this Agreement will be performed.
C. The Contractor 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 Contractor’s services, or the Contractor is engaged in an independently
PROFESSIONAL SERVICES AGREEMENT - 2
($20,000 or Less)
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Contractor 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 Contractor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by the
Contractor’s business, and has obtained a Unified Business Identifier (UBI) number
from the State of Washington.
F. The Contractor 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 seven (7) calendar days written notice at its address set forth on the signature
block of this Agreement.
VI. 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 shall 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 Contractor 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 majeure event, or any
costs, losses, expenses, damages, or delay costs incurred by the Contractor 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 Contractor 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 Contractor to fulfill its obligations under
this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the
Contractor.
VII. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the
Contractor or subcontractor shall not discriminate against any person who is qualified and available to
perform the work to which the employment relates as provided for by the City of Kent’s Equal Employment
Opportunity Policy. The Contractor 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.
PROFESSIONAL SERVICES AGREEMENT - 3
($20,000 or Less)
VIII. INDEMNIFICATION. The Contractor 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 Contractor'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 Contractor's work when completed shall not
be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive
the expiration or termination of this Agreement.
In the event the Contractor 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 Contractor’s part, then
the Contractor 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 Contractor’s part.
IX. INSURANCE. The Contractor 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.
X. CONTRACTOR’S WORK AND RISK. The Contractor 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
Contractor’s business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those services. All work shall be done at the Contractor's own risk, and
the Contractor 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.
XI. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VIII 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.
PROFESSIONAL SERVICES AGREEMENT - 4
($20,000 or Less)
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
Contractor.
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. 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. Public Records Act. The Contractor 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 Contractor in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City’s duties
and obligations under the Public Records Act.
I. City Business License Required. Prior to commencing the tasks described in Section I, the
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
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J. 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
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONTRACTOR:
By:
(signature)
Print Name: Richard F. Duncan
Its: Owner
(title)
DATE: 12-30-20
CITY OF KENT:
By:
Print Name
(signature)
Michael Mactutis, P.E.
Its: Environmental Engineering Manager
DATE: 12/30/2020
NOTICES TO BE SENT TO:
NOTICES TO BE SENT TO:
CONTRACTOR:
CITY OF KENT:
Richard Duncan
Chad Bieren, P.E.
R. F. Duncan & Associates Inc.
City of Kent
PO Box 12300
220 Fourth Avenue South
Olympia, WA 98508
Kent, WA 98032
(360) 951-8258 (telephone)
(253) 856-5500 (telephone)
(360) 867-1059 (facsimile)
(253) 856-6500 (facsimile)
ATTEST:
L � klv�
Kent City Clerk
PROFESSIONAL SERVICES AGREEMENT - 5
($20, 000 or Less)
EEO COMPLIANCE DOCUMENTS - 1
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.
Dated this day of ____ , 20___.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and state
laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal
employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of , 20___.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
Fealy, Angella
From:
Sent:
To:
Subject:
duncanappraisal@comcast.net
Monday, December 21,2020 3:49 PM
Rolcik-Wilcox, Cheryl
RE:Appraisal Review Request - Signature Pointe Apartments
Hi Cheryl: My proposal for this review is a fee of 51,200, with a delivery date of 7 business days from notice to proceed
Thanks Rich
Richard F. Duncan, MAI
The Granger Company
RF Duncan & Associates, lnc.
PO Box 12300
Olympia WA 98508
360-9s1-82s8
www.d uncana ppraisa l. net
From: Rolcik-Wilcox, Cheryl <CRolcik-Wilcox@kentwa.gov>
Sent: Monday, December2'J.,2O2O 9:32 AM
To: dunca na ppraisa I @comcast.net
Cc: Martíndale, Delores <DMartindale@kentwa.gov>; Duran, Lizeth <LDuran@kentwa.gov>
Subject: Appraisal Review Request - Signature Pointe Apartments
Hi Rich - Can you let me know your fee for conducting a review of the attached appraisal that
Chad Johnson conducted for a bunch of easements at the Signature Pointe Apartments? We
thought we'd sent over a contract request to you for this a long time ago, but apparently, we did
not! @ Oopsl As soon as we get an amount from you, we'll work on getting a contract sent
overto you ASAP. Thank you! @ I hope you're having a safe and healthy holiday season!
Cheryf Rolcik-Wilcox, Property & Acqu¡s¡t¡on Analyst
Public Works Engineering
220 Fourth Avenue South, Kent, WA 98032
Direct Line 253-856-5587x
crolcik-wilcox@ KentWA.oov
CITY OF KENT, WASHINGTON
KentWA.oov Facebook YouTube
PLEASE CONSIDER THE ENVIRONMENT BÊFORE PRINTING THIS E-MAIL
*I am currently working from home. If you need to reach me ¡mmed¡ately, please call my cell phone at (425)444-0190.
1
EXTERNAL EMAIL
EXHIBIT 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 City shall be named as an
insured under the Consultant’s Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant’s
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit.
EXHIBIT B (Continued)
3. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant’s
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer’s liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
DATE (MM'DD'YYYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTTTUTE A CONTMCT BETWEEN THE |SSU|NG TNSURER(S), AUTHORTZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: lf the certificate holder is an ADDITIONAL |NSURED, the poticy(ies) must have A DDITIONAL INSURED provisions or be endorsed.
lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain pol icies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endolsement(s).
PROOUCER
Duncan & Associates lnsurance Brokerc
P.O. Box 1458 -2111Harrison Ave NW
Olympia, WA 98502
Ann Renaud
ll13ni5",*, 360-3s2-7s88 360-943-6304
An
INSURER(SI AFFORDING COVERAGE NAIC #
TNSURERA: OhiO SeCUritV lnSuranCe Comoanv 531 31 1
INSURED
R F Duncan & Associates, lnc
DBA The Granger Company
PO Box 12300
Olympia, WA 98508
TNSURERB: Ohio Securitv lnsurance Comnanv 24042
INSURER C :
INSURER D:
INSURER E
INSURER F :
CERTIFICATE OF LIABILITY INSURANCE
CERTIFICATE NUMBER:REVISION NUMBER: 27
@ 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Printed byAMR on June 11,2020 at 03:19PM
FY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO W-IICH THIS
CERTIFICATE MAY BE ISSUEO OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOVVN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
THIS IS TO CERTI
INSRTD WPE OF INSURANCE POLICY NUMBER LIMITS
EACH OCCURRENCE s 1.000.000
Lp E 1.000.000
MED EXP (Anv one oerson)15.000$
PERSONAL & ADV INJURY o 1.000.000
GENERAL AGGREGATE s 2.000.000
PRODUCTS. COIUP/OP AGG E 2.000.000
A COMMERCIAL GENERAL LIABILITY
GEN'L AGGREGATE LIMITf l pno-I I JECTxPOLICY
CLAIMS-MADE OCCUR
ES PER:
LOC
Y N 8LS56696377 o't08t2020 05t08t2021
$
$ 1.000.000
BODILY INJURY (Per person)$
BODILY INJURY (P€r accident)$
$
B AUTOMOBILE LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY AUTOS ONLY
SCHEDULED
AUTOS
NON-OWNED
Y N 8AS56696377 05t23t2020 o5123t2021
$
EACH OCCURRENCE D
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIIUS.MADE AGGREGATE
DFD RETENTION S $
PERcTATt rttr I OTH.IFR
E.L. EACH ACCIDENT $
E,L. DISEASE - EA EMPLOYET $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandetory in NH)
lf yes, describe under
DESCRIPTION OF OPERATIONS below
N/A
E.L. DISEASE. POLICY LIMIT $
DESCRIPTION oF oPE&ATloNs , LoCATIONS , VEHIGLES (ACORD 101, Additional RGmrrkr sohcdulc, mey b. rttrch.d if morc lpecc i! rcquiEd)
RE: All projects under contract between insured and certificate holder.
City of Kent is named as an additioinal insured in regard to the General Liability coverages above per form CG 88 1O 04 13.
Additional lnsured for the Commercial Auto Liability coverage above applies per form AC 85 Ol OO 18.
SHOULD ANY OF THE AAOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.Gity of Kent
400 West Gowe
Kent, WA 98032 fREPREgENTATIVE
(AMRI
ACORD 25 (2016t031
t
COMMERCIAL GENERAL LIABILITY
cG 88 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL GENERAL LIABILITY EXTENSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
INDEX
SUFJECT
NON.OWNED AIRCRAFT
I\ION.OWN E D WATERCRAFT
PROPERTV DAMAGE LTABILITY . ELEVATORS
EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage)
MEDICAL PAYMENTS EXTENSTON
EXTENSION OF SUI'PLEMENTARY PAYMENTS. COVERAGES A AND B
ADDITIONAL INSUREDS. BY CONTRACT, AGREEMENT OR PERMIT
PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION
ADDITIONAL INSUREDS. FXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE"
WHO IS AN INSURED .INCTDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN
INSURED. FELLOW EMPLOYEE EXTENSION . MANAGEMENT EMPLOYEES
NEWLY FORMED OR ADDITIONALLY ACOUIRED ENTITIES
FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES
KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT
LIBERALIZATION CLAUSE
BODILY INJURY REDEFINED
EXTENDED PROPERTY DAMAGE
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US .
UUHEN REOUIRED IN A CONTRACT OR AGREEMENT WITH YOU
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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 - Goverage A - Bodily lnjury And Property Damage Liability,
exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided:
t. 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.OWNEDWATERCRAFT
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
(bl Not being used to carry persons or property for a charge.
C. PROPERTY DAMAGE LIABILITY. ELEVATORS
l. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily lniury And Propefi Damage Liabil'
ity, Subparagraphs (31. (41 and (6) of exclusion i. 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:
The insurance afforded by this provision of this endorsement is excess over any property insurance,
whether primary, excess, contingent or on any other basis.
D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damagel
lf Damage To Premises Rented To You is not otherwise excluded from this Coverage Part:
l. Under Paragraph 2. Exclusions of Section I - Goverage A - Bodily lnjury and Property Damage Liability:
a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow
ing:
Paragraphs {tl, (3) and (4f 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:
(i) Premises rented to you for a period of 7 or fewer consecutive days; or
(ii| Contents that you rent or lease as part of a premises rental or lease agreement for a period of
more than 7 days.
Paragraphs (11, {3) and (41 of this exclusion do not apply to "property damage" to contents of
premises rented to you for a period ol7 or fewer consecutive days.
A separate limit of insurance applies to this coverage as described in Section lll - Limitb of
lnsurance.
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i b. The last parag raph 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 fire protection systems to premises while rented to you or temporarily occupied by
you with permission of the owner. A separate limit of insurance applies to Damage To Premises
Rented To You as described in Section lll - Limits Of lnsurance.
2. Paragraph 6. under Section tll - 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
lzt While rented to you or temporarily occupied by you with permission of the owner for
damago 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's 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 contents of such premises
that are included in your premises rentalor 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 - Coverage 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 accidenU and
F. EXTENSION OF SUPPLEMENTARY PAYMENTS . COVERAGES A AND B
. l. Under Supplenrentary 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. ADOITIONAL 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
agreement 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 that are the subject of the written contract or
written agreement provided that the "bodily injury" or "property darnage" occurs, or the "per-
sonal and advertising injury" is committed, subsequent to the signing of such written contract or
written agreemenu or
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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:
{1} This insurance does not apply to "bodily injury", "property damage", or "personal and ad-
vertising injury" arising out of the operations ferformed for the state or political subdivision;
(2) 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 construction, 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; ind
2. lf coverage provided to the additional insured is required by a contract or agreement, 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:
(11 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 workl' 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.
With rdspect 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 1.c. above, this insurance does not apply to any "occurrence" which takes
place after 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 agreement
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 $ection lV - Commercial General Liability Condi'
tions.
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t 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2.
. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability:
This insurance does not apply to:
a. "Bodily injury" or "property 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 damage" 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:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions,
reports, surveys, field orders. change orders or drawings and specifications; or
. l2l Supervisory, inspection, architectural or engineering 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 whicii caused therrpsrsonal and advertising injury", involved the rendering of, oi the failure to render, any professional
architectural, engineering or surveying services.
d. "Bodily injury" or "property danrage" occurring aften
(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 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 ADDTTIONAL INSURED -OWNERS, LESSEES OR.CONTRACTORS endorsement is-
sued by us and made a part of this policy.
3. With 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 req0ired 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 agreemenu or
b. Available under the applicable Limits of lnsurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable Limits of lnsurance shown in the Declaiations.
H. PRIMARY AND NON.CONTRIBUTORY 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 follows:
a. The following is added to Paragraph a. Primary Insurance:
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.
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tb. The following is added to Paragraph b. Excess lnsurance:
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 which the
additional insured has been added as an additional insured on other policies.
I. 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. The following is added to Condition 2. Duties ln The Event Of Occurrence, Offense, Claim 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 insured; and
c. Agree to make available any other insurance which 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 6tated 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.
J. WHO IS AN INSURED . INCIDENTAL MEDICAL ERRORS / MALPRACTICE
WHO IS AN INSURED. FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLGYEES
Paragraph 2.a.(11 of Section ll - Who ls An lnsured is replaced with the following:
(ll "Bodily injury" or "personal and advertising injury":
(af Toyou,toyourpartnersormembers(ifyouareapartnershiporiointventure),toyourmembers(if
you are a limited liability company), to a co-"employee" while in the course of his or her employ-
ment or performing duiies 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 (11 (a) above;
(cl 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 (11 (a) or (bl above; or
(d) Arising out of his or her providing or failing to provide professional health care services, However,
if you are not in the business of providing professional health care services or providing profes-
sional health care personnel to others, or if coverage for providing professional health care ser-
vices is not otherwise excluded by separate endorsement. this provision (Paragraph (d)) does not
apply,
Paragraphs (a) and {b} above do not apply to "bodily injury" or "personal and advertising injury" caused by
an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means
the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ-
ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and
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t 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 caqsed in whole or in part by their intoxica-
tion by liquor or controlled substances.
The coverage provided by provision J. is excess over any other valid and collectable insurance available to
your "employee".
K. NEWLY FORMED OR ADDITIONALLY ACOUIRED ENTITIES
Paragraph 3. of Section ll - Who 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 Insured 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 - Commercial 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 $ection lV - Commercial General Liability Conditions, the following is added to Condition 2. Duties
ln The Event of Occurrence, Offense, Claim Or $uit:
t<noWidUge of an "occurrence'i, offense, claim or "suit" by dn agent, servant or "eniployee" of any
insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph
1. of Section ll - Who ls An lnsured or a person who has been designated by thern to receive reports of
"ocburrences", offenses, claims or "suits" shall have received such notice from the agent, servant or' "employee".
N. LIBERALIZATIONCLAUSE
lf we revise this Commercial General Liability Extension Endorsement to provide more coverage without
additional premium charge, your policy will automatically provide the coverage as of the day the revision is
effective in your state.
O. BODILY INJURY REDEFINED
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. EXTENDEDPROPERTYDAMAGE
. Exclusion a. of COVERAGE A. BODILY INJURV AND PROPERTY DAMAGE LIABILITY is replaced by the
following:
a. Expected Or lntended lnjury
"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 RTGHTS OF RECOVERY AGAINST OTHERS TO US. WHEN REOUIRED IN A
CONTRACT OR AGREEMENT WITH YOU
Under Section lV - Commercial General Liability Gonditions, the following is added to Condition 8. 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:
l. 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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COMMERCIAL AUTO
AC 85 0{ 06 18
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
\Mth respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified
by the endorsement.
lf the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement
Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in
that specified state.
COVERAGE INDEX
SUBJECT PROVISION NUMBER
ACCIDENTAL AIRBAG DEPLOYMENT
ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT
AMENDED EUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS
AMENDED FELLOW EMPLOYEE EXCLUSION
AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE
BODILY INJURY REDEFINED
EMPLOYEES AS INSUREDS (lnctuding Employee Hired Auto)
EXTRA EXPENSE - BROADENED COVERAGE
GLASS REPAIR - WAIVER OF DEDUCTIBLE
HIRED AUTO COVERAGE TERRITORY
HIRED AUTO PHYSICAL DAMAGE (lncluding Employee Hired Auto)
LOAN / LEASE GAP (Coverage Not Available ln New York)
NEWLY FORMED OR ACQUIRED SUBSIDIARIES
PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTTBLE)
PERSONAL EFFECTS COVERAGE
PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE
PHYSICAL DAMAGE DEDUCTIBLE - VEHICLETRACKING SYSTEM
PRIMARY AND NON-CONTRIBUTORY . WRITTEN CONTRACT OR WRITTEN AGREEMENT
RENTAL REIMBURSEMENT
SUPPLEMENTARY PAYMENTS
TOWING AND LABOR
TRAILERS - INCREASED LOAD CAPACITY
TWO OR MORE DEDUCTIBLES
UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US
SECTION I . COVERED AUTOS is amended as follows:
1. TRAILERS.INCREASED LOAD CAPACITY
The following replaces Paragraph G.1. Certain Trailers, Mobile Equipment And Temporary Substitute
Autos of SECTION I - COVERED AUTOS:
"Trailers'' with a load capacity of 3,000 pounds or less designed primarily for travel on public roads.
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SEGTION ll - LIABILITY COVERAGE is amended as follows:
2. NEWLY FORMED ORAGSUIRED SUBSIDIARIES
SECTTON il - LIABILIW COVERAGE, Paragraph A.1. - Who ls An lnsured is amended to include the
following as an "insured":
d. Any tegally incorporated subsidiary of which you own more than 50 percent interest during the
policy period. Coverage is afforded only for 90 days from the date of acquisition or formation,
However, "insured" does not include any organization that:
(l) ls a partnership or joint venture; or
l1l ls an "insured" under any other automobile policy except a policy written specificall y to apply
in excess of this PolicY; or
(3) Has exhausted its Limit of lnsurance or had its policy terminated under any other automobile
policy.
Coverage under this provision d. does not apply to "bodily injury" or "properly damage" that
occurred before you acquired or formed the organization.
3. EMPLOYEES AS INSUREOS
SECTTON [ . L|ABILITY COVERAGE, Paragraph A.1. Who ls An lnsured is amended to include the
following as an "insured":
e, Any "employee" of yours while using a covered "auto" you do not own, hire or bonow but only for
acts within the scope of their employment by you. lnsupance provided by this endorsement is
excess over any other insurance available to any "employee".
f. Any "employee" of yours while operating an "auto" , hired or borrowed under a written conlract or
agreement in that "employee's" name, with your permission, while performing duties related to
the conduct of your business and within the scope of their employment. lnsurance provided by this
endorsement is excess over any other insurance available to the "employee".
4. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT
SECTTON ll - LIABILITY COVERAGE, Paragraph A.1. Who ls An lnsured is amended to include the
following as an "insured":
S. Any person or organization with respect to the operation, maintenance or use of a covered "auto",
provided that you and such person or organization have agreed in a wriften contract, wriften
agreement, or permit issued to you by governmental or public authority, to add such person, or
organization, or governmental or public authority to this policy as an "insured".
However, such person or organization is an "insured":
(1) Only with respect to the operation, maintenance or use of a covered "auto";
(21 Only for "bodily injury" or "property damage" caused by an "accident" which takes place after
you executed the written contract or written agreement, or the permit has been issued to you;
and
(3) Only for the duration of that contract, agreement or permit.
. The "insured" is required to submit a claim to any other insurer to which coverage could apply for
defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory
wording per enhancement number 24, this policy is excess over any other collectible insurance.
5. SUPPLEMENTARY PAYMENTS
SECTION ll - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, Paragraphs
(2) and (4| are replaced by the following:
(21 Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because
of an "accidenf' we cover. We do not have to fumish these bonds.
(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings
up to $500 a day because of time off from work.
AC 85 0l 06 {8
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6. AMENDED FELLOWEMPLOYEEEXCLUSION
ln lhose jurisdictions where, by law, fellow "employees" are not eniitled to the protection afforded to
the employer by the workers compensation exclusivity rule, or similar protection, the following provi-
sion is added:
SECTION ll - LlABlLlW, Exclusion 8.5. Fellow Employee does not apply if the "bodily injury" results
from the use of a covered "'auto" you own or hire if you have workers compensation insurance in force
for all of your "employees" at the time of "loss".
This coverage is excess over any other collectible insurance.
SECTION lll - PHYSICAL DAMAGE COVERAGE is amended as follows:
7. HIRED AUTO PHYSICAL DAMAGE
Paragraph A.4. Goverage ExGnsions of SECTION lll - PHYSICAL DAMAGE COVERAGE, is amended by
adding the following:
lf hiied "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specitied Causes of
Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you
own, then the Physical Damage coverages provided are extended to "autos":
a- You hire, rent or borrow; or
b, Your "employee" hires or rents under a written contract or agreement in that "employee's" name,
but only if the damage occurs while the vehicle is being used in the conduct of your business,
subject to the following limit and deductible:
a. The most we will pay for "loss" in any one "accidenf' or "loss" is the smallest of:
(1) $50,000; or
(2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or
(3) The cost of repairing or replacing the damaged or stolen property with other property of like
kind and quality, minus a deductible.
b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that
coverage.
c. Subject to the limit, deductible and excess provisions described in this provision, we will provide
coverage equal to the broadest coverage applicable to any covered "auto" you own,
d. Subject to a maximum of $1,000 per "accidenf', we will also cover the actual loss of use of the
hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual
financial loss.
e. This coverage extenslon does not apply to:
(1) Any "auto" that is hired, rented or borrowed with a driver; or
(2) Any "auto" that is hired, rented or borrowed from your "employee" or any member of your
"employee's" household.
Coverage provided under this extension is excess over any other collectible insurance available at the
time of "loss",
8. TOWNG AND LABOR
SECTION lll - PHYSICAL DAMAGE COVERAGE, Paragraph A.2. Towing, is amended by the addition of
the following:
We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto"
classified and rated as a private passenger type, "light trucK' or "medium truck" is disabled:
a. For private passenger type vehicles, we will pay up to $75 per disablement.
b. For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross
vehicle weight (CWV) of 10,000 pounds or less.
c, For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that
have agross vehicle weight (GVW) of 10,001 -20,000 pounds.
However, the labor must be performed at the place of disablement.
@ 2017Liberly Mutual lnsurance
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AC 85 01 06 r8 Page 3 of 7
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9. PHYSICALDAMAGE .ADDITIONAL TRANSPORTATION EXPENSECOVERAGE
paragraph A.4.a. Goverage Extensions, Transportation Expenses of SEGTION lll 'PHYSICAL DAMAGE
COVEnAae,isamended toprovide alimit of $50perdayandamaximum limit of $1,500.
IO. RENTAL REIMBURSEMENT
sEcTtoN il - pHystcAl DAMAGE COVERAGE, A. Coverage, is amended by adding the following:
a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of
an "autoi' because of "accident" or "loss", to an "auto" for which we also pay a "loss" under
Comprehensive, Specified Gauses of Loss or Collision Coverages. We will pay only for those ex'
penses incurred after the first 24 hours following the "accident' or "loss" to the covered "auto."
b. Rental Reimbursement requires the rental of a comparable or lessor vehicle, which in many cases
may be substantiatly less than $75 per day, and will only be allowed for the period of time it should
take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of
30 days.
c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and
replace your tools and equipment from the covered "auto". This limit is excess over any other
collectible insurance.
d, This coverage does not apply unless you have a business necessi$ that other "autos" available for
your use and operation cannot fill.
e. lf "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay
under this coverage only that amount of your rental reimbursement expenses which is not already
provided under Paragraph 4. coverage Extension.
f. No deductible applies to this coverage.
S. The insurance provided under this extension is excess over any other collectible insurance.
lf this policy also provides Rental Reimbursement Goverage you purchased, the coverage provided by
this Enhancement Endorsement is in addition to the coverage you purchased.
For the purposes of this endorsement provision, materials and equipment do not include "personal
effects" as defined in provision {2.8.
11. EXTRA EXPENSE . BROADENED GOVERAGE
Under SECTION lll - PHYSICAL DAMAGE COVERAGE, A. Coverage, we will pay for the expense of
returning astolen covered "auto" to you. The maximum amount we will pay is $1,000.
12. PERSONAL EFFECTS COVERAGE
A. SECTION lll - PHYSIGAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following:
lf you have purchased Comprehensive Coverage on this policy for an "auto" you own and that
"auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects"
stolen with the "auto."
The insurance provided under this provision is excess over any other collectible insurance.
B. SEGTION V - DEFINITIONS is amended by adding the following:
For the purposes of this provision, "personal effects" mean tangible property that is wom or carried
by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securF
ties.
,I3. ACCIDENTAL AIRBAG DEPLOYMENT
SECTTON ill - PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended by adding the following:
lf you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss"
relating to mechanical breakdown does not apply to the accidental discharge of an airbag.
Any insurance we provide shall be excess over any other collectible insurance or reimbursernent by
manufacture/s warranty. However, we agree to pay any deductible applicable to the other coverage or
wananty.
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14. PHYSICAL DAMAGE DEDUCTIBLE .VEHICLE TRACKING SYSTEM
SECTION lll . PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following:
Any Comprehensive Deductible shown in the Declarations will be reduced by 50% f6r any "loss"
caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device
or a global position device and that device was the method of recovery of the vehicle.
15. AUDIO, VISUAL AND DATA ELEGTRONIC EQUIPMENT COVERAGE
SECTION lll - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph a. of the exception to exclu-
sions 4.c. and 4.d. is deleted and replaced with the following:
Exclusions 4.c. and 4.d, do not apply to:
a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not de-
signed solely for the reproduction of sound, if the equipment is:
({l Permanently installed in the covered "auto" at the time of the "loss" or removable from a
housing unit that is permanently installed in the covered "auto";. and
(21 Designed to be solely operated by use from the power from the "auto's" electrical system; and
(31 Physical damage coverages are provided for the covered "auto".
lf the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with
this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property
will be reduced by a $100 deductible.
16. LOAN , LEASE GAP COVERAGE (Not Applicable ln New York)
A. Paragraph C. Limit Of lnsurance of SECTION lll - PHYSICAL DAMAGE COVERAGE is amended by
adding the following:
The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one
"accident" is the greater of the:
1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is
subject at the time of the "loss" less the amount of:
a. Overdue payments and financial penalties associated with those payments as of the date
of the "loss";
b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal
wear and tear;
c. Costs for extended warranties, Credit Life lnsurance, Health, Accident or Disability lnsur-
ance purchased with the loan or lease;
d. Transfer or rollover balances from previous loans or leases;
e. Final payment due under a "Balloon Loan";
f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a
covered "auto";
g. Security deposits not refunded by a lessor;
h. All refunds payable or paid to you as a result of the early termination of a lease agreement
or as a result of the early termination of any warranty or extended service agreement on a
covered "auto";
i. Any amount representing taxes;
j. Loan or lease termination fees; or
2. The actual cash value of the damage or stolen property as of the time of the "loss".
An adjustment for depreciation and physical condition will be made in determining the actual
cash value at the time of the "loss". This adjustment is not applicable in Texas,
B. Additional Gonditions
This coverage applies only to the original loan for which the covered "auto" that incurred the
"loss" serves as collateral, or lease written on the covered "auto" that incurred the "loss".
@ 2017Liberty Mutual lnsurance
lncludes copyrighted matilrial of lnsurance Services Office lnc., with its Permission.AC 85 01 06 {8 Page 5 of 7
C. SECTION V - DEFINITIONS is changed by adding the following:
As used in this endorsement provision, the following definitions apply:
"Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual
cash value.
A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the
term of the loan, thereby requiring a large final payment.
17. GLASS REPAIR.WATVER OF DEDUCTIBLE
Paragraph D. Deductible of SEGTION lll - PHYSICAL DAMAGE COVERAGE is amended by the addition
of the following:
No deductible applies to glass damage if the glass is repaired rather than replaced.
18. PARKEDAUTO COLLTSION COVERAGE (WAIVER OF DEDUCTIBLE)
Paragraph D. Deductible of SEGTION lll - PHYSICAL DAMAGE COVERAGE is amended by the addition
of the following:
The deductible does not apply to "loss" caused by collision to such covered "auto" of the private
passenger gpe or light weight truck with agross vehicle weight of 10,000 lbs. or less asdefined by the
manufacturer as maximum loaded weight the "auto" is designed to carry while it is:
a. ln the charge of an "insured";
b. Legally parked; and
c. Unoccupied.
The "loss" must be reported to the police authorities within 24 hours of known damage.
The total amount of the damage to the covered "auto" must exceed the deductible shown in the
Declarations.
This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or
organization engaged in the automobile business.
{9. TWO OR MORE DEDUCTIBLES
Under SEGTION lll - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage
forms apply to the same "accident", the following applies to Paragraph D. Deductible:
a. lf the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived;
or
b. lf the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be
reduced by the amount of the smaller (or smallest) deductible; or
c. lf the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or
smallest) deductible will be waived.
For the purpose of this endorsement, company means any company that is part of the Liberly Mutual
Group.
SECTION lV - BUSINESS AUTO CONDITIONS is amended as follows:
20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
SECTION lV- BUSINESS AUTO CONDITIONS, Paragraph 8.2. is amended by adding the following:
lf you unintentionally fail to disclose any hazards, exposures or material fiacts existing as of the incep-
tion date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will
not be prejudiced.
However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery,
and we have the right to collect additional premium for any such hazard or exposure.
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tncludes copyrighted mat6rial of lnsurance Services Office lnc., with its PermissionAG 85 01 06 18 Page 6 of 7
21. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS
SECTION lV - BUSINESS AUTO CONDITIONS, Paragraph A.2.a. is replaced in its entirety by the follow-
ing:
a. ln the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to:
(1) You, if you are an individual;
(21 A partner, if you are a partnership;
(3) Member, if you are a limited liabilig company;
(4) An executive officer or the "employee" designated by the Named lnsured to give such notice, if
you are a corporation.
To the extent possible, notice to us should include:
(a) How, when and where the "accident" or "loss" took place;
(b) The "insureds" name and address; and
(c) The names and addresses of any injured persons and witnesses.
22. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US
SECTION lV - BUSINESS AUTO CONDITIONS, Paragraph A.5. Transfer Of Righb Of Recovery Against
Others To Us, is amended by the addition of the following:
lf the person or organization has in a written agreement waived those rights before an "accident" or
"loss", our rights are waived also.
23. HIRED AUTO GOVERAGE TERRITORY
SECTION lV - BUSINESS AUTO GONDITIONS, Paragraph 8.7. Poticy Period, Coverage Teritory, is
amended by the addition of the following:
f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the
"insured's" responsibility to pay for damages is determined in a "sr.rit", on the merits, in the United
States, the territories and possessions of the United States of America, Puerto Rico or Canada or in
a settlement we agree to.
This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a
driver.
24. PRIMARY AND NON.CONTRIBUTING IF REQUIRED BY WRITTEN CONTRAGT OR WRITTEN AGREE.
MENT
The following is added to SECTION lV - BUSINESS AUTO CONDITIONS, General Gonditions, 8.5. Other
lnsurance and supersedes any provision to the contrary:
This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution
from any other insurance available to an "insured" under your policy provided that:
1, Such "insured" is a Named lnsured under such other insurance; and
2. You have agreed in a written contract or written agreement that this insurance would be primary
and would not seek contribution from any other insurance available to such "insured".
SECTION V - DEFINITIONS is amended as follows:
25. BODILY INJURY REDEFINED
Under SECTION V - DEFINITIONS, Definition C. is replaced by the following:
. "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental
anguish, mental injury, shock, fright or death resulting from any of these at any time.
(0 2o'lzLiberty Mutual lnsurance
Includes copyrighted mat6rial of lnsurance Services Office lnc., with its Permission.AC 85 0{ 06 18 Page 7 of 7
CERTIFICATE OF INSURANCE
Producer:
LIA ADMI}iISTRATORS & INSURANCE SERVICES
P.O. Box 1319
Santa Barbara, CA 93102-1319
Issue Date: O'7 I lO/2O19
This Certificate is issued as a matter of information only and
confers no rights upon dre Certiticate Ilolder. This Certificate
docs not amcnd, cxtcnd or alter the covcragc atfordcd by dre
policy below.
Description of Operations/Locations/Special Items:
REAT, ESTATE APPRATSERS PROFESSIONAT, T,IABII,ITY TNSTIRANCE
Cei-tificate Holder:
City of Keut, WA
220 Fourth Avenue Sonth
Kent, WA 98032
Cancellation:
SHOULD AI\Y OF THE ABOVE DESCRIBED POLTCIES
BE CANCEI,LED BEFORE THE EXPIRATION DATE
THEREOF, NOTTCE WILL BE DELIVERED IN
ACCORDANCE WITH TIIE POLICY PROVTSIONS.
Insrued:148215
DL}{CAN. RT AND ASSOCIATES II\iC.
The Granger Cornparry
fuchard F. Duncan
P.O. Box 12300
Olynpia, WA 98508
Fax Number: 360-867- 1059
COMPAT\rY AFFORDING COVERAGE
Aspen American lnsurance Company
Authorized Representative
This is to certify that the policy of insurance listed below has beeir issued to the Insured named above tbr the policy period indicated.
Notwithstanding any requirernent, term of condition of any contract or other document with respect to which this Certilicate tnay be
issued or may pertain, the insnrance af-forded by the poiicy described herein is subject to all the tenns, exclusions and conditions
of such policy. Limits shown may have beel reduced by paid claims.
DISCLAIMER: This certificate of insruance does not affinnatively or negatively atnend, extend, or alter the coverage afforded
by the insurance policy.
TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS
Profbssional Liability AAI0024l2-05 o7 t2t20t9 07/2112020 Each Claim
General Aggregate
$ I,000,000
$ 2,000,000
LrA0001 (11197)
CERTIFICATE OF INSURANCE
Producer:Issue Date:07/22/2020
This Certificate is issued as a matter of information only and
LIA ADMINISTRATORS &INSURANCE SERVICES confers no rights upon the Certificate Holder.This Certificate
P.O.Box 1319 does not amend,extend or alter the coverage afforded by the
Santa Barbara,CA 93102-1319 policy below.
Insured:148215 COMPANY AFFORDING COVERAGE
DUNCAN,RF AND ASSOCIATES INC.
The Granger Company Aspen American Insurance Company
Richard F.Duncan
P.O.Box 12300
Olympia,WA 98508
Fax Number:360-867-1059
Authorized Representative
This is to certify that the policy of insurance listed below has been issued to the Insured named above for the policy period indicated.
Notwithstanding any requirement,term of condition of any contract or other document with respect to which this Certificate may be
issued or may pertain,the insurance afforded by the policy described herein is subject to all the terms,exclusions and conditions
of such policy.Limits shown may have been reduced by paid claims.
DISCLAIMER:This certificate of insurance does not affirmatively or negatively amend,extend,or alter the coverage afforded
by the insurance policy.
TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS
Professional Liability AAI002412-06 07/21/2020 07/21/2021 Each Claim $1,000,000
General Aggregate $2,000,000
Description of Operations/Locations/Special Items:
REAL ESTATE APPRAISERS PROFESSIONAL LIABILITY INSURANCE
Certificate Holder:Cancellation:
City of Kent,WA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES
220 Fourth Avenue South BE CANCELLED BEFORE THE EXPIRATION DATE
Kent,WA 98032 THEREOF,NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
LIA0001 (11/97)