Loading...
HomeMy WebLinkAboutPK07-018 - Original - Climbing Wall Management, LLC - East Hill Skate Park Climbing Rocks - 02/12/2007 T Records Mandg- -e- men­t% KEN WAS I GTO. , Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact Mary Simmons, City Clerks Office. Vendor Name: IA'*i/�7jzt Alke Contract Number: Ik 0-7 ' (g This is assigned by Mary Simmons Vendor Number: Project Name: �CS Contract Effective Date: r��y�7 Contract Termination Date: 3f 3 7 Contract Renewal Notice (Days): 1 Number of days required notice for termination or renewal or amendment Contract Manager: Department: Abstract: ADCL7832 07/02 KENT WPSHINGTON GOODS & SERVICES AGREEMENT between the City of Kent and Climbing Wall Management, LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Climbing Wall Management, LLC organized under the laws of the State of Maryland, located and doing business at 13 Sussex Road, Silver Spring, Maryland 20910 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City Vendor will set climbing routes for the climbing features at the East Hill Skate/BMX Park in Kent, Washington as described in the Vendor's Proposal dated January 23, 2007 attached and incorporated as Exhibit A. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by March 31, 2007. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Fie Hundred, Ninety-Two Dollars and NO/100ths ($592.00), 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 Upon completion of the project and acceptance by the City Representative, the Vendor shall invoice the City for the entire amount. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute In that event, the parties will immediately make every effort to settle the disputed portion, A. Defective or Unauthorized Work The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs GOODS &SERVICES AGREEMENT- 1 (Under$10,000 00, including WSST) 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. THE MAKING 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 and that 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 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 change order 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 a change order is necessary, Vendor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City detenmmes t hat the c hange i ncreases o r d ecreases the V endor's c osts or t ime for p erformance, the C ity w ill 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 determme the equitable adjustment as it deems appropriate The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any c laim or submit subsequent change order requests for that portion of the c ontract work I f the Vendor disagrees with the equitable adjustment, the Vendor must complete the change order work, however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. GOODS&SERVICES AGREEMENT-2 (Under$10,000 00, including WSST) . 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). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILET HAT SUIT SHALL BE FOREVER BARRED THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable When defects are corrected, the warranty for that portion of the work shall extend for GOODS & SERVICES AGREEMENT-3 (Under$10,000 00, including WSST) one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to ,correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1 2, and upon completion of the contract work, file the attached Compliance Statement XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, ansmg out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION P ROVIDED H EREIN C ONSTITUTES T HE V ENDOR'S W AIVER O F 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. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials Pursuant to Chapter 3 80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect GOODS &SERVICES AGREEMENT-4 (Under$10,000 00, including WSST) , i 3 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, in addition to any other recovery or award provided by law, provided, however, nothing to this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing E. Assignm Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS&SERVICES AGREEMENT- 5 (Under$10,000 00, including WSST) IN WITNESS,the parties below execute this Agreement,which shall become effective on the last ,date entered below. VENDOR: CITY OF KENT: By: By. .. ' (signature) (signature) Print Name. Mike Helt Print Name: Jeff Watling Its: Partner Its- Director (Title) (Title) DATE: - ? - 0 7 DATE: Z 1(Zf 07 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Mike Helt Perry Brooks, Project Manager Climbing Wall Management, LLC Kent Parks, Recreation & Community Services 2431 NW Irving Street, #13 220 Fourth Avenue South Portland, OR 97210 Kent, WA 98032 (503) 307-7337 (telephone) (253) 856-5114 (telephone) �i (503) 222-4812 (facsimile) (253) 856-6050 (facsimile) EH Skate Park Chmbmg Routes GOODS &SERVICES AGREEMENT-6 (Under$10,000 00, including WSST) 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_ 7 day of (-c,-16 ruc ) 12007. By: For �° wl� ^C W l ) V✓�eti ��w.� .�F L L C Title: Date: EEO COMPLIANCE DOCUMENTS- 1 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-2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of tlus project by the Contractor awarded the Agreement I, the undersigned, a duly represented agent of Climbing Wall Management, LLC Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as East Hill Skate/BMX Park Climbing Routes 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 2007. By- For: Title: Date- EEO COMPLIANCE DOCUMENTS-3 of 3 EXHIBIT A cLirmbing UOLL rmanaprmenr ' e} Proposal The City of Kent Climbing Wall, Route Setting Proposal January 23, 2007 Climbing wall Management takes great pride in the work we do for our clients We take every opportunity to understand and exceed your expectations 1 General route setting. Setting of routes or boulder problems within client facility a Outcome Two high quality routes per rope line and multiple boulder problems set to match the abilities of client's customers b Scope of work: i Set two routes per rope line ii Set boulder problems at client's specified density Ill. Grade distribution set by client c. Cost: Set entire climbing wall consisting of 7 roped lines X 2 routes= 14 routes 1 Estimated 11/2 days @ S450 for total Job d Travel Costs to and from Kent, WA. 320 miles Co, 441/2 cents a mile =$142. EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. 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. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion collapse or underground property damage The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. 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 S1,000,000 each occurrence, $1,000,000 general aggregate and a$1,000,000 products- completed operations 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 Contractor's insurance coverage shall be primary insurance as respect the City Any Insurance, self- insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it 2 The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after tlurty (30) days prior written notice by certified mail,return receipt requested,has been given to the City 3. The City of Kent shall be named as an additional insured on all policies(except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all required insurance policies The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom clams is made or suit is brought, except with respects to the limits of the insurer's liability D. Acceptability of Insurers Insurance is to be placed with insurers with a current A M Best rating of not less than A VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor AGURDM CERTIFICATE OF LIABILITY INSURANCE 02/088/20} PRODUCER (S41)382-1611 FAX (541)382-7477 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Sage Insurance Center ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 369 NE Revere Avenue HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 6809 Bend, OR 97708 INSURERS AFFORDING COVERAGE NAIC# INSURED Climbing Wall Management INSURERA CNA SOO Washington St INSURERS Lynchburg, VA 24504 INSURERC MSURERO INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR NDO'L TYPEOFINSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 2091097642 01/09/2007 01/09/2008 EACHOCCURRENCE S 11000,00 X COMMERCIAL GENERAL LIABILITY DAMAGE RENTED $ 300,0001 CLAIMS MADE O OCCUR MED EXP(Any one person) S 1,00( A X PERSONAL&ADV INJURY S 1,000100( GENERAL AGGREGATE $ 2,000,0O GENL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG S 2,000100 POLICY jE� M LOC AUTOMOBILE LIABILITY 2091087642 01/09/2007 01/09/2008 COMBINED SINGLE LIMIT ANYAUTO (Ee accdenl) S 1,00a,o ALL OWNED AUTOS BODILY INJURY S A X SCHEDULEDAUTOS (Per pemon) X HIREDAUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accdent) PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT 6 ANYAUTO OTHERTHAN EA ACC $ AUTO ONLY AGG S EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S OCCUR ED CLAIMS MADE AGGREGATE $ S DEDUCTIBLE $ RETENTION E $ WORKERS COMPENSATION AND O S A • H- EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ OFFICERMEMBER EXCLUDED? EL DISEASE-EA EMPLOYEE $ B yes,describe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ertificate holder is listed as additional insured per SB146932A attached HOLDER CANCELLATION SHOULD ANY CIF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Kent 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Att Joan Broom BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 220 4th Avenue South OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES Kent, WA 98032 AUTHORIZED REPRESENTATIVE Mark W Hostetler CIC CPIM ` W ACORD 25(2001108) FAX: (253)856-6050 ©ACORD CORPORATION 1988 SBA46932-A 'CHA (Ed.otros) THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. NON-CONTRACTORS BLANKET ADDITIONAL INSURED This endorsement modifies Insurance provided under the following, BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. 1. ADDITIONAL INSURED—BLANKETVENDORS to. 'Bodily Injury' or 'property damage' WHO IS AN INSURED is amended to Include as an arising out of the sole negligence of the additional insured any person or organization (referred vendor for its own eels or omission to below as vendor) with whom you agreed, because those of its employees or anyone else acting on Its behalf. However, this of a written contract or agreement to provide exclusion does not a insurance, but only with respect to 'bodily injury' or apply to: 'property damage'ariskrg out of your products'which (1) The exceptions contained In are distributed or sold in the regular course of the Subparagraphs d.or f.;or vendor's business, subject to the following additional exclusions: (2) Such Inspections, adjustments, tests or servicing as the vendor has agreed 1. The Insurance afforded the vendor does not to make or normally undertakes to apply to. make in the usual course of a. 'Bodily Injury' or 'properly damage' for business, in connection with the which the vendor is obligated to pay distribution or sale of the products. damages by reason of the assumptlon of 2. This Insurance does not apply to any Insured liability In a contract or agreement. This person or organization, from whom you have exclusion does not apply to liability for acquired such products, or any Ingredem, damages that the vendor would have In part or container,entering into,accompanying the absence of the contract or agreement; or containing such products. b. Any express warranty unauthorized by S. This provision 2.does not apply to any vendor you; Included as an insured by an endorsement c. Any physical or chemical change in the issued by us and made a part of this product made intentionally by the vendor, Coverage Part. d Repackaging, except when unpacked 'L This provision 2. does not apply K 'bodily solely for the purpose a Inspection, Injury' or 'property damage' Included within the substitution the products-completed operations hazard Is demonstration,testa ad either by the provisions of the of parts under instructions from the Cover age manufacturer,and then repackaged in the Coverage Part or by endorsement. onginal container; S. MISCELLANEOUS ADDITIONAL INSUREDS o. Any failure to make such inspections, WHO IS AN INSURED is amended to include as an a■ adjustments, tests or servicing as the Insured arry person or organization (called additional si vendor has agreed to make or normally instted) described In paragraphs e.a, through 3.11 undertakes to make in the usual course of below whom you are required to add as an additional i business, In connection with the Insured on this policy under a written contract or distribution or sale of the products; agreement but the written contract or agreement must ® 1. Demonstration, installation, servicing or be: repair operations, except such operations 1. Currently in effect or becoming effective performed at the vendor's premises in during the term of this policy;and connection with the sale of the product; 2. Executed prior to the 'bodily Injury;'property g. Products which, after dstrRwtlon or sale damage' or'personal and advertising Injury,' by you, have been labeled or relabeled or but used as a container, part or ingredient of On the following CZ= any other th'Ing or substance by or for the Only g persons or organizations are vendor;or additional Insureds under this endorsement and SB-146932-A Page 1 of 3 (Ed.01106) SB-146932-A (Ed.01/06) coverage provided to such additional Insureds is entrances,coal holes,dilveways, llmhod as provided herein: manholes, marquees, hoistaway a. Additional Insured—Your Work openings, sidewalk vaults, street banners, or decorations and That person or organization for whom you similar exposures:or do work is an addltonal Insured solely for (b) The construction, erection, or liability duo to your negligence specifically removal of elevators;or resulting from your work for the additional Insured which Is the subject of the written (2) This Insurance applies only with contract or written agreement. No respect to operations performed by coverage applies to liability resulting from you or on your behalf for which the the sole negligence of the additional state or political subdivision has Insured. Issued a permit The insurance provided to the additional This insurance does not apply to 'bodily Insured Is limited as follows; Injury' 'property damage' or 'personal (1) The Limits of Insurance applicable to and advertising Injury' arising out of the additional Insured are those operations performed for the state or specified in the written contract or municipality. written agreement or In the c. Controlling Interest Declarations of this policy,whichever Any persons or organizations with a is lass.These Limits of Insurance are controlling Interest In you but only with inclusive of, and not in addition to, rasped to their liability adsing out of: the Limits of Insurance shown In the Declarations. (1) Their financial control of you;or (2) The coverage provided to the (2) Premises they own, maintain or. additional Insured by this control while you lease or occupy endorsement and paragraph F.9. of these premises. the definition of 'Insured contract' under Liability and Medical This Insurance does not apply to 'bodily"DolitW000 not apply structural alterations, new construction to and demolition operations performed by damage' arisin Injury'out of the'products-ductt'property or for such additional Insured. completed operations hazard' unless d. Mongers or Lessors of Premises required by the written contract or written agreement. A manager or lessor of premises but only a) me insurance provided to the with rasped to liability arising out of the ( P ownership, maintenance or use of ihst additional Insured does not apply to specific part of the premises leased to 'bodYy Injury,' 'property damage,' or you and subject to the following additional 'personal and advertising injury' exclusions: adoing out of the rendering or failure to render any professional services. This Insurance does not apply to: ls. glab or Popticai Subdivislons (1) Any 'occurrence' which takes place subject to after you cease to be a tenant in that A state or political subdivision sub j premises;or the following provisions: ) (1) This insurance applies only whh const ruction uction or demolition operations rasped to the following hazards for performed by or on behalf of such which the state or political subdivision additional insured. has Issued a permit in connection with premises you own, rent, or aL Moirtgages.Assignee or Receiver control and to which this insurance A mortgagee, assignee or receiver but applies: only with rasped to their liability as (a) The sodstence,• maintenance, mortgagee, assignee, or receiver and repair, construction, erection, or arising out of the ownership, removal of advertising signs, maintenance, or use of a premises by awnings, canopies, cellar you, SB-148932-A Pago 2 of 3 (Ed.01106) SS-146932-A (Ed.01106) This Insurance does not apply to h. Lessor of EquipnwM structural alterations, new construction or Any person q organization from whom demolition operations performed by or for you lease equipment. Such person or such addlUonal Insured. organization am Insureds only with f. Owners/Oifwr Interdste — Land Is respect to their liability arising out of the Leased maintenance, operation or use by you of An owner or other interest from whom equipment leased to you by such person or organization. A person land has been leased by you but only with s or respect to liability arising out of the this enclose stales as an insured under ownership, maintenance or use of that this endorsement ends when you f written specific part of the land leased to you and contract u agreement with you for such subject to the following additional leased equipment ends. exclusions: With respect to the Insurance afforded This insurance does not apply to: these additional insureds, the following additional exclusions apply: (1) Any 'occurrence' which takes place This Insurance does not apply: after you cease to lease that land;or (2) Structural alterations, new (1) To any 'occurrence' which takes construction or demolition operations place after the equipment tease performed by or on behalf of such expkes;or additional Insured. M To'bodily Injury,' 'property damage g. Co-owner o}haured Pranlhp or 'personal and advertising Injury' arising out of the sole negligence of A co-owner of a promises co-owned by such additional uisured. you and covered under this insurance but Any Insurance provided to an additional insured only with respect to the co-owners liability designated under areh.t a9rep a. r'our 'p above as co-owner of such premises. does not apply to bodily Injury or property damage' included within the 'products-completed operations hazard' air t;s 5B-146932-A Page 3 of 3 (Ed.01/06)