HomeMy WebLinkAboutRainier Fencing & Decking LIMITED PUBLIC WORK CONTRACT NO. 15-08
FENSTER PARK FENCING
THIS CONTRACT is entered into between the City of Auburn, a Washington Municipal
Corporation("City"),and Rainier Fencing& Decking, ("Contractor"), whose mailing address is 3737
`A' Street SE Auburn, WAS 98002.
The parties agree as follows:
I. CONTRACTOR SERVICES. The Contractor shall do all work and furnish all tools, materials
and equipment for the construction of Contract 15-08 in accordance with this Contract form.
Scope of work is as follows: See Exhibit A, which is attached hereto and by this reference made
a part of this Agreement.
The Contractor shall do all work and furnish all tools, materials and equipment for the
construction of Contract 15-08 in accordance with this Contract form and as shown on the
attached Exhibit A, which is by this reference incorporated herein and made a part hereof."
The complete Contract includes the following parts, which are by this reference
incorporated herein and made a part hereof. Any inconsistency in the parts of the Contract
shall be resolved by the order in which they are listed:
A. Quote Proposal Fonn
B. Limited Public Work Contract
C. Exhibit A, Scope of Work
D. Exhibit B, Fenster 2B Fence Installation
E. Washington State Department of Labor& Industries Prevailing Wage Rates and Benefit
Key Code effective March 16,2105
On the Contract plans, working drawings, and standard plans, figured dimensions shall
take precedence over scaled dimensions.
In case of any ambiguity or dispute over interpreting the Contract, the City Engineer's
decision will be final.
II. CITY OF AUBURN BUSINESS LICENSE REQUIRED. In order to do business in the
City of Auburn,you are required to have a current City of Auburn business license. All
subcontractors and lower tier subcontractors working on the project must also have a City of
Auburn business license.
III. NOTICE TO PROCEED: A Notice to Proceed will be issued once the Contract has been
fully executed by the Contractor and City, and all required documents as set forth in this
Contract and all requirements as set forth in the award letter have been met.
IV. TIME OF COMPLETION. The Contractor shall complete the work within 5 working days
from the date of issuance of the City's Notice to Proceed.
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March 16,2015
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V. HOURS OF WORK. Normal working hours for the Contract shall be any consecutive 8-
hour period between 7:00 a.m. and 6:00 p.m., Monday through Friday. If the Contractor
desires to perform work on holidays, Saturdays, Sundays, or between the hours of 6:00 p.m.
and 10:00 p.m. on any day, the Contractor shall apply in writing to the Engineer for
permission to work such times. Permission to work longer than an 8-hour period between
7:00 a.m. and 6:00 p.m. is not required. Such requests shall be submitted to the Engineer two
(2) working days prior to the day for which the Contractor is requesting permission to work.
The City reserves the right to grant or deny any such request at its sole discretion.
Permission to work between the hours of 10:00 p.m. and 7:00 a.m. during weekdays and
between the hours of 10:00 p.m. and 9:00 a.m. on weekends or holidays may also be subject
to noise control requirements, as indicated in Auburn City Code Chapter 8.28.010 entitled
"Noise Control." If the Contractor desires to work during restricted times,the Contractor
shall submit a written request to the Engineer fourteen (14) calendar days prior to the day for
which the Contractor is requesting permission to work. The written request will include
specific days and times and description of work to be performed and the reasons the work
cannot be perfonned during the normal hours of work. The City reserves the right to grant or
deny any such request at its sole discretion. If approval is granted, it may be revoked at any
time the City receives complaints from the public or adjoining property owners regarding the
noise from the Contractor's operations. The Contractor shall have no claim for damages or
delays should such permission be revoked for any reason.
VI. COMPENSATION. The Contractor shall do all work and furnish all tools, materials, and
equipment for the work and services contemplated in this Contract for the lump sum price of
eight thousand four hundred one dollars and eighty-three cents ($8,401.83), and Washington
State Sales Tax of seven hundred ninety-eight dollars and seventeen cents ($798.17) for a
total of nine thousand two hundred dollars($9,200.000ur sales tax area is 1702 for King
County No payment shall be issued until a Statement of Intent to Pay Prevailing Wages
form, for the Contractor and each and every Subcontractor,has been approved by the State
Department of Labor& Industries, and is received by the City.
A. Performance Bond. A performance bond is not required for this project.
B. Retainage. The Contractor may elect to(1) furnish a performance bond in accordance
with Section VI. A, in which case the City shall hold back retainage in the amount of five
percent (5%) of any and all payments made to the Contractor,or(2) have the City retain,
in lieu of the performance bond, fifty percent (50%)of the total Contract amount,
pursuant to RCW 39.08.010. The Contractor shall execute a"Declaration of Option for
Performance Bond or Additional Retainage"to indicate his/her option. In either case,
LIMITED PUBLIC WORK CONTRACT NO. 15-08
March 16,2015
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the Contractor can choose to have the retainage held by the City in a non-interest bearing
account, have it placed in an Escrow(interest bearing)Account,or submit a bond in lieu
of retainage. Said retainage shall be held by the City for a period of forty-five (45)days
after the date of final acceptance, or until receipt of all necessary releases from the State
Department of Revenue and State Employment Security Department, including
Affidavits of Wages paid for the Contractor and each and every subcontractor, and until
settlement of any liens filed under Chapter 60.28 RCW, whichever is later.
C. Defective or Unauthorized Work. The City reserves its right to withhold payment from
the Contractor for any defective or unauthorized work. Defective or unauthorized work
includes, without limitation: work and materials that do not conform to the requirements
of this Contract; and extra work and materials furnished without the City's written
approval. If the Contractor is unable, for any reason, to satisfactorily complete any
portion of the work, the City may complete the work by contract or otherwise, and the
Contractor shall be liable to the City for any additional costs incurred by the City.
"Additional costs" shall mean all reasonable costs, including legal costs and attorney
fees, incurred by the City beyond the maximum Contract price specified above. The City
further reserves its right to deduct the cost to complete the Contract work, including any
additional costs, from any and all amounts due or to become due the Contractor.
D. Final Payment: Waiver of Claims. The making of final payment (excluding withheld
retainage)shall constitute a waiver of claims, except those previously and properly made
and identified by the Contractor as unsettled at the time request for final payment is
made.
VII. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Contract, the City being interested only in the
results obtained under this Contract.
VIII. SUBCONTRACTING. Work done by the Contractor's own organization shall account for
at least 30 (thirty)percent of the awarded Contract price. Before computing this percentage
however, the Contractor may subtract (from the awarded Contract price) the costs of any
subcontracted work on items the Contract designates as specialty items.
The Contractor shall not subcontract work unless the City approves in writing. Each
request to subcontract shall be on the form the City provides. If the City requests, the
Contractor shall provide proof that the subcontractor has the experience,ability, and
equipment the work requires. The Contractor shall require each subcontractor to comply
with RCW 39.12 (Prevailing Wages on Public Works)and to furnish all certificates and
statements required by the Contract. As stated in Section VI, `Compensation," no payment
LIMITED PUBLIC WORK CONTRACT NO. 15-08
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shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the Contractor
and each and every subcontractor, has been approved by the State Department of Labor&
Industries,and is received by the City.
Along with the request to sublet, the Contractor shall submit the names of any
contracting firms the subcontractor proposes to use as lower tier subcontractors.
Collectively,these lower tier subcontractors shall not do work that exceeds 25 percent of the
total amount subcontracted to a subcontractor. When a subcontractor is responsible for
construction of a specific structure or structures, the following work may be performed by
lower tier subcontractors without being subject to the 25 percent limitation:
A. Furnishing and driving of piling,or
B. Furnishing and installing concrete reinforcing and post-tensioning steel.
Except for the 25 percent limit, lower tier subcontractors shall meet the same
requirements as subcontractors.
The City will approve the request only if satisfied with the proposed subcontractor's
record, equipment, experience and ability. Approval to subcontract shall not:
1. Relieve the Contractor of any responsibility to carry out the Contract.
2. Relieve the Contractor of any obligations or liability under the Contract and the
Contractor's bond.
3. Create any contract between the City and the subcontractor, or
4. Convey to the subcontractor any rights against the City.
The City will not consider as subcontracting: (I) purchase of sand, gravel, crushed
stone, crushed slag,batched concrete aggregates, ready mix concrete, off-site fabricated
structural steel,other off-site fabricated items,and any other materials supplied by
established and recognized commercial plants; or(2)delivery of these materials to the work
• site in vehicles owned or operated by such plants or by recognized independent or
commercial hauling companies. However, the Washington State Department of Labor and
Industries may determine that RCW 39.12 applies to the employees of such firms identified
in A and B above in accordance with WAC 296-127.
If dissatisfied with any part of the subcontracted work, the City may request in writing
that the subcontractor be removed. The Contractor shall comply with this request at once
and shall not employ the subcontractor for any further work under the Contract.
This section does not create a contractual relationship between the City and any
subcontractor. Also, it is not intended to bestow upon any subcontractor, the status of a
third-party beneficiary to the Contract between the City and the Contractor.
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IX. TERMINATION. The City may terminate this Contract for good cause. "Good cause"
shall include, without limitation, any one or more of the following events:
A. The Contractor's refusal or failure to supply a sufficient number of properly-skilled
workers or proper materials for completion of the Contract work.
B. The Contractor's failure to complete the work within the time specified in this Contract.
C. The Contractor's failure to make full and prompt payment to subcontractors or for
material or labor.
D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations.
E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt.
After all the work contemplated by the Contract has been completed either by the Surety
or the City, the City will calculate the total expenses and damages for the completed work. If
the total expenses and damages are less than any unpaid balance due the Contractor, the
excess will be paid by the City to the Contractor. If the total expenses and damages exceed
the unpaid balance, the Contractor and the Surety shall be jointly and severally liable to, and
shall pay the difference to, the City on demand.
X. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing
Wages" with the State of Washington Department of Labor& Industries prior to
commencing the Contract work. The Contractor shall pay prevailing wages and comply with
Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing
wage rate provisions. The prevailing wage rate revision in effect on the quote submittal due
date is attached and by this reference incorporated herein and made a part hereof. No
payment shall be issued until a Statement of Intent to Pay Prevailing Wages fonn, for the
Contractor and each and every subcontractor, has been approved by the State Department of
Labor& Industries, and is received by the City. Retainage shall not be released until an
Affidavit of Wages Paid form for the Contractor and each and every subcontractor, has been
approved by the State Department of Labor& Industries,and is received by the City.
XI. CHANGES. The City may issue a written change order for any change in the Contract work
during the performance of this Contract. If the Contractor determines, for any reason, that a
change order is necessary, the Contractor must submit a written change order request to an
authorized agent of the City within fifteen (15) calendar days of the date the Contractor knew
or should have known of the facts and events giving rise to the requested change. If the City
determines that the change increases or decreases the Contractor's costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good
faith, to reach agreement with the Contractor on all equitable adjustments. However, if the
parties are unable to agree, the City will determine the equitable adjustment as it deems
LIMITED PUBLIC WORK CONPRACI NO. 15-08
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appropriate. The Contractor 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 Contractor fails to require a change order within the time
allowed, the Contractor waives its right to make any claim or submit subsequent change
order requests for that portion of the Contract work. If the Contractor disagrees with the
equitable adjustment, the Contractor must complete the change order work; however, the
Contractor may elect to protest the adjustment as provided below:
A. Procedure and Protest by the Contractor. If the Contractor 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
Contractor shall:
1. Immediately give a signed written notice of protest to the City;
2. Supplement the written protest within fifteen (15)calendar days with a written
statement that provides the following information:
a. The date of the Contractor's protest.
b. The nature and circumstances that caused the protest.
c. The provisions in this Contract that support the protest.
d. The estimated dollar cost, if any, of the protested work and how that estimate
was detennined.
e. An analysis of the progress schedule showing the schedule change or disruption
if the Contractor is asserting a schedule change or disruption.
The Contractor shall keep complete records of extra costs and time incurred as a
result of the protested work. The City shall have access to any of the Contractor's
records needed for evaluating the protest. .
3. The City will evaluate all protests, provided the procedures in this section are
followed. If the City determines that a protest is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
B. Contractor's Duty to Complete Protested Work. In spite of any protest, the Contractor
shall proceed promptly with the work as the City has ordered.
C. Contractor's Acceptance of Changes. The Contractor accepts all requirements of a
change order by: (I) endorsing it, (2) writing a separate acceptance, or(3) not protesting
in the way this section provides. A change order that is accepted by the Contractor as
provided in this section shall constitute full payment and final settlement of all claims for
LIMITED PUBLIC WORK CONTRACT NO. 15-08
March 16,2015
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Contract time and for direct, indirect and consequential costs, including costs of delays
related to any work,either covered or affected by the change.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the
Contractor 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 Contractor completely waives any claims for protested work and accepts
from the City any written or oral order(including directions, instructions, interpretations,
and determination).
XII. CLAIMS. The Contractor waives right to a claim if they have not followed procedures
outlined in Section XI.A of this Contract. If resolution cannot be reached under Section
XI.A, then the Contractor shall give written notice to the City of all claims other than change
orders within fifteen (15)calendar days of the City's notice of its final decision on the
Contractor's protest. Any claim for damages, additional payment for any reason, or
extension of time, whether under this Contract or otherwise, shall be conclusively deemed to
have been waived by the Contractor unless a timely written claim is made in strict
accordance with the applicable provisions of this Contract; or if(and only if)no such
provision is applicable, unless that claim is set forth in detail in writing and received by the
City within seven (7) calendar days from the date the Contractor knew,or should have
known, of the facts giving rise to the claim. At a minimum, a Contractor's written claim must
include the information set forth regarding protests in Section XI.A.
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.
The Contractor must, in any event, file any claim or bring any suit arising from or
connected with this Contract within forty-five(45)calendar days from the date the Contract
work is complete.
XIII. WARRANTY. All defects in workmanship and materials that occur within one year from
the date of the City's acceptance of the Contract work shall be corrected by the Contractor.
When defects are corrected, the warranty for that portion of the work shall extend for one
year from the date such correction is completed and accepted by the City. The Contractor
shall begin to correct any defects within seven (7) calendar days of its receipt of notice from
the City of the defect. If the Contractor does not accomplish the corrections within a
reasonable time, the City may complete the corrections and the Contractor shall pay all costs
incurred by the City in order to accomplish the correction.
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March 16,2015
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XIV. INDEMNIFICATION. 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 performance of this Contract,except for injuries and damages caused by
the sole negligence of the City.
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.
Should a court of competent jurisdiction determine that this Contract is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor
and the City, its officers,officials,employees, agents and volunteers, the Contractor's
liability hereunder shall be only to the extent of the Contractor's negligence.
It is further specifically and expressly understood that this indemnification constitutes
the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification. The parties acknowledge that they have mutually
negotiated this waiver.
The provisions of this section shall survive the expiration or termination of this Contract.
XV. INSURANCE. The Contractor shall procure and maintain for the duration of this Contract,
insurance against claims for injuries to persons or damage to property that may arise from or
in connection with the performance of the Contract work hereunder by the Contractor,its
agents, representatives,employees or subcontractors.
Before beginning work on the project described in this Contract, the Contractor shall
provide a Certificate of Insurance evidencing the coverages listed below. The policies of
insurance for general, automobile, and pollution policies shall be specifically endorsed to
name the Contracting Agency and its officers, elected officials, employees, agents and
volunteers, and any other entity specifically required by the Contract Provisions, as
additional insured(s).
A. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles with limits no less than $1,000,000 combined single limit per accident for
bodily injury and property damage. 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.
B. Commercial General Liability insurance written with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate, and a $2,000,000 products-completed
operations aggregate limit. Coverage shall be written on ISO occurrence form CG 00 01
LIMI'T'ED PI113LIC WORK CONTRACT NO. 15-08
March 16,2015
Page 8 of 12
and shall cover liability arising from premises, operations,stop gap liability, 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 form CG
25 03 1 185. 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 additional insured under the Contractor's
Commercial General Liability insurance policy, with respect to the work performed for
the City using ISO Additional Insurance endorsement CG 20 10 10 01 and Additional
Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements
providing equivalent coverage.
C. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
D. Other Insurance Provisions. The insurance policies are to contain,or be endorsed to
contain, the following provisions for Automobile Liability and Commercial General
Liability. I. The Contractor's insurance coverage shall be primary insurance
as respect the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and shall not
contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall not be
cancelled by either party,except after thirty (30) days prior written notice by
certified mail,return receipt requested, has been given to the City.
E. Contractor's Insurance for Other Losses. The Contractor shall assume full responsibility
for all loss or damage from any cause whatsoever to any tools, Contractor's employee
owned tools, machinery,equipment,or motor vehicles owned or rented by the
Contractor, or the Contractor's agents, suppliers, or contractors as well as to any
temporary structures, scaffolding, and protective fences.
F. Waiver of Subrogation. The Contractor and the City waive all rights against each other,
any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other,
for damages caused by fire or other perils to the extent covered by Builders Risk
insurance or other property insurance obtained pursuant to Section XV of this Contract
or other property insurance applicable to the work. The policies shall provide such
waivers by endorsement or otherwise.
G. Acceptability of Insurers. Insurance is to be placed with authorized insurers in
Washington State with a current A.M. Best rating of not less than A-NII.
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H. 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 Automobile Liability and Commercial
General Liability insurance of the Contractor before commencement of the work. 1.
Subcontractors. Contractor shall ensure that each subcontractor of every tier
obtains and maintains at a minimum, the insurance coverage's listed in this section.
Upon request of the City, the Contractor shall provide evidence of such insurance.
Any payment of deductible or self insured retention shall be the sole responsibility of the
Contractor.
The City reserves the right to receive a certified copy of all the required insurance policies.
XVI. MISCELLANEOUS.
A. Nondiscrimination. In the hiring of employees for the performance of work under this
Contract, the Contractor, its subcontractors, or any person acting on behalf of Contractor
shall not,by reason of race,religion, color, sex, 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.
B. Compliance with Laws. The Contractor shall comply with all federal, state and local
laws, rules and regulations throughout every aspect in the performance of this Contract.
C. Work Performed at Contractor's Risk. The Contractor shall take all precautions
necessary and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of this Contract. 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.
D. Non-waiver of Breach. The failure of the City to insist upon strict performance of any of
the terms and rights contained herein, or to exercise any option herein conferred in one
or more instances,shall not be construed to be a waiver or relinquishment of those terms
and rights and they shall remain in full force and effect.
E. Governing Law. This Contract shall be governed and construed in accordance with the
laws of the State of Washington. If any dispute arises between the City and the
Contractor under any of the provisions of this Contract,resolution of that dispute shall be
available only through the jurisdiction, venue and rules of the King County Superior
Court, King County, Washington.
F. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or
lawsuit for damages arising from the parties'performance of this Contract, each party
shall be responsible for payment of its own legal costs and attorney's fees incurred in
LIMITED PUBLIC WORK CONTRACT NO. 15-08
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defending or bringing such claim or lawsuit; however, nothing in this subsection shall
limit the City's right to indemnification under Section 10 of this Contract.
G. Written Notice. All communications regarding this Contract shall be sent to the parties
at the addresses listed on the signature page of this Contract,unless otherwise notified.
Any written notice shall become effective upon delivery, but in any event three (3)
calendar 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 Contract.
H. Assignment. Any assignment of this Contract by the Contractor without the written
consent of the City shall be void.
I. Modification. No waiver, alteration,or modification of any of the provisions of this
Contract shall be binding unless in writing and signed by a duly authorized
representative of the City and the Contractor.
J. Severability. If any one or more sections, sub-sections, or sentences of this Contract are
held to be unconstitutional or invalid, that decision shall not affect the validity of the
remaining portion of this Contract and the remainder shall remain in full force and effect.
K. Entire Contract. The written provisions and terms of this Contract, together with any
referenced documents and attached Exhibits , supersede all prior verbal statements by
any representative of the City, and those statements shall not be construed as forming a
part of or altering in any manner this Contract. This Contract, referenced documents,
and any attached Exhibits contain the entire Contract between the parties. Should any
language in any referenced documents or Exhibits to this Contract conflict with any
language contained in this Contract, the terms of this Contract shall prevail.
LIMI t ED PUBLIC WORK CONTRACT NO. 15-08
March 16,2015
Page 11 of 12
CITY OF_ * ✓ * Escrow Agreement
s For
T TaR� Ti ® Retainage Declined
WASHINGTON
RAINIER FENCING & DECKING, 3737 A Street SE, Auburn, WA 98002
(CONTRACTOR) acknowledges that they have been offered the option of setting
up an escrow agreement for their retainage on Contract No. 15-08, Fenster Park
Fencing project. The CONTRACTOR declines to set up an escrow agreement
and understands that the City will hold the 50% retainage with no interest until
the project is complete, accepted by the City, and all releases and liens have
been satisfied.
it
iil
Authorized :igna
Print or Type Narefe
P vA
Title
q- E, -is
Date
File: 13.11 (Contract 15-08)
AUBURN * MORE THAN YOU IMAGINED
IN WITNESS WHEREOF, the parties below have executed this Contract.
RAINIER FENC/G & DECKING THE CITY OF AUBURN
// 017'9.l . ".1 , r'i
(Signatu e) // ,A� . (Signature
By LcY t /(B Nancy Backus
(Print name here /-
Its F'1's�e-e-T -/. Its Mayor
(Authorized representative)r
DATE: C -G -(,s DATE: ii• 7-/L,
Contractor's State License No. RAIN1FD920C1
State Tax Registration (UBI) No. 602 796 217
Federal Tax ID#26-1815099
Notices to be sent to: Notices to be sent to:
CONTRACTOR CITY OF AUBURN
Attn: Lisa Liffick Attn: Jenna Wallis
3737 A Street SE 25 West Main Street
Auburn, WA 98002 Auburn, WA 98001
Phone: 2253-735-6113 Phone: 253-804-5092
Fax: 253-735-6773 Fax: 253-931-3053
E-mail: rainierfenceanddeck.com E-mail: jwallis @auburnwa.gov
ATTEST: •
itat.4illiez.C.-----
Danielle E. Daskam, City Clerk
APPRO ■ :I AS 1*YL,
me
Da B. Heid, City Attorney
LIMITED PUBLIC WORK CONTRACT NO. 15-08
March 16,2015
Page 12 or 12
A CERTIFICATE OF LIABILITY INSURANCE DATE(MM DDYYYY)
04/06/2015
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 CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT NAME: Bob Cason
Insurance Resources&Services, Inc i
COMMERCIAL GENERAL LIABILITY
CG 85 8310 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
CONTRACTORS - PRODUCTS/COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Paragraph 2. under Section II - Who Is An Insured 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 or written
agreement. Such person or organization is an additional insured but only with respect to liability for
"bodily injury" or"property damage":
1. Caused by "your work" performed for that additional insured that is the subject of the written
contract or written agreement; and
2. Included in the "products-completed operations hazard".
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 In The Event Of
Occurrence,Offense,Claim Or Suit under Section IV-Commercial General Liability Conditions.
B. 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:
1. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the
location where such "bodily injury" or "property damage" occurs.
2. "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any
professional architectural,engineering or surveying services including:
a. The preparing, approving or failure to prepare or approve, maps, shop drawings, opinions,
reports, surveys,field orders,change orders or drawing and specifications; and
b. Supervisory, inspection,architectural or engineering activities. -
02010 Liberty Mutual Insurance Company.All rights reserved.
CG 85 83 10 09 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 2
•
C. With respect to the insurance afforded by this endorsement, exclusion I. Damage To Your Work of
Paragraph 2. Exclusions under Section I - Coverage A- Bodily Injury And Property Damage Liability is
replaced by the following:
1. Damage To Your Work
"Property damage" to "your work" arising out of it or any part of it and included in the "products-
completed operations hazard".
D. The limits of insurance applicable to the additional insured are those specified in a written contract or
written agreement or the limits of insurance as stated in the Declarations of this policy and defined in
Section III - Limits Of Insurance of this policy, whichever are less. These limits are inclusive of and not
in addition to the limits of insurance available under this policy.
E. With respect to the insurance afforded by this endorsement, Section IV - Commercial General Liability
Conditions is amended as follows:
1. The following is added to Paragraph 2.Duties In The Event Of Occurrence,Offense,Claims 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. Paragraph 4. of Section IV-Commercial General Liability Conditions is amended as follows:
a. The following is added to Paragraph a. Primary Insurance:
If an additional insured's policy has an Other Insurance 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.
b. The following is added to Paragraph b. Excess Insurance:
When a written contractor 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 additional insured is designated as a Named
Insured.
Regardless of the written agreement between you and an additional insured, this insur-
ance 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.
020101iberty Mutual Insurance Company.All rights reserved.
CG 85 83 10 09 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 2
COMMERCIAL GENERAL LIABILITY
CG 8416 12 03
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY MASTER PAK PLUS®
FOR CONSTRUCTION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
INDEX
Subiect Page
Blanket Additional Insured(Owners, Lessees or Contractors) 2
Fire, Lightning, Explosion and Sprinkler Leakage Damage to Premises You Rent 3
Non-Owned Watercraft 4
Supplementary Payments (Bail Bonds) 4
Personal And Advertising Injury- Electronic Publication Extension 5
Aggregate Limits(Per Location) 5
Aggregate Limits(Per Project) 5
Voluntary Property Damage Coverage 6
Off Premises Care, Custody or Control Coverage 6
Newly Formed or Acquired Organizations 7
Duties in the Event of Occurrence, Offense, Claim or Suit 7
Bodily Injury(Mental Anguish) 8
Waiver of Transfer of Rights of Recovery Against Others 8
Medical Payments 8
Broad Named Insured a
Broadened Mobile Equipment 8
Incidental Malpractice Liability 8 •
Non-Owned Aircraft 9
Property Damage-Elevators 9
CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission_ Page 1 of 9
E 500 00
1. BLANKET ADDITIONAL INSURED(Owners, Lessees Or Contractors)
(Includes a Primary/Non-Contributory provision)
Section II -Who Is An Insured is amended to include as an insured any person or organization whom
you are required to name as an additional insured on this policy in a written contract or written
agreement. The written contract or written agreement must be currently in effect or becoming effective
during the term of this policy and executed prior to the"bodily injury,""property damage"or"personal
and advertising injury."
The insurance provided the additional insured is limited as follows:
A. The person or organization is only an additional insured with respect to liability:
1. Arising out of real property, as described in a written contract or written agreement, that you
own, rent, lease or occupy; or
2. Caused by your ongoing operations performed for the additional insured.
The insurance provided the additional insured in 1.A.2. above does not apply to:
a. Coverage A - Bodily Injury and Property Damage Liability, Coverage B -Personal and
Advertising Injury Liability or defense coverage under the Supplementary Payments
arising out of an architect's, engineer's or surveyor's rendering of or failure to render any
professional 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;
and
(2) Supervisory, inspection, architectural or engineering activities.
b. "Bodily injury"or"property damage"occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such work,
on the project(other than service, maintenance or repairs)that was performed by or on
behalf of the additional insured(s)at the site where the covered operations have 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 part of the same
project.
B. The limits of insurance applicable_to the additional insured are those specified in a written contract or
written agreement or the limits of Insurance as stated in the Declarations of this policy and defined in
Section III -Limits Of Insurance of this policy, whichever are less. These limits are inclusive of and
not in addition to the limits of insurance available under this policy.
C. The insurance provided the additional insured does not apply to the liability resulting from the sole
negligence of the additional insured.
•
CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 2 of 9
E 601 00
D. As respects the coverage provided to the additional insured under this endorsement, Section IV-
Conditions is amended as follows:
1. The following is added to Condition 2. Duties In 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.
2. The following is added to Condition 3. Legal Action Against Us:
We have no duty to defend or indemnify an additional insured under this endorsement until we
receive written notice of a claim or"suit"from the additional insured.
3. The following is added to Paragraph a., Primary Insurance of Condition 4. Other Insurance:
If the additional insured's policy has an Other Insurance provision making its policy excess, and
a Named Insured has 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.
4. The following is added to Paragraph b., Excess Insurance of Condition 4.Other Insurance:
Except as provided in Paragraph 4.a. Primary Insurance as amended above, any coverage
provided hereunder shall be excess over any other valid and collectible insurance available to
the additional insured whether primary, excess, contingent or on any other basis. In the event an
additional insured has other coverage available for an "occurrence" by virtue of also being an
additional insured on other policies, this insurance is excess over those other policies.
2. FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT
If Damage To Premises Rented To You under Coverage A is not otherwise excluded from this policy,
the following applies:
A. The last paragraph of 2. Exclusions of Section I- Coverage A is replaced by the following:
If Damage To Premises Rented To You is not otherwise excluded, Exclusions c.through n.do
• not apply to damage by fire, lightning, "explosion"or sprinkler leakage to premises while rented to
you or temporarily occupied by you with permission of the owner. A separate limit of insurance
applies to this coverage as described in Section III - Limits Of Insurance.
B. Paragraph 6.of Section III -Limits Of Insurance is replaced by the following:
6. Subject to 5.above, the higher of$300,000 or the Damage To Premises Rented To You Limit
shown in the Summary of Limits and Charges section of this policy is the most we will pay under
Coverage A for damages because of"property damage" to premises rented to you or
temporarily occupied by you with the permission of the owner arising out of any one fire,
lightning, "explosion"or sprinkler leakage incident.
CG 8416 12 03 Indudes copyrighted material of ISO Properties,Inc.,with its permission. Page 3 of 9
E 602 00
foHowLg:
9. "Insured contract"means:
a. A contract for the lease of premises. However, that portion of the contract for a lease of
premises that indemnities any person or organization for damages by fire, lightning,
"explosion"or sprinkler leakage to premises while rented to you or temporarily occupied by
you with the permission of the owner is not an"insured contract";
E. The following definition is added to Section V-Definitions:
"Explosion" means a sudden release of expanding pressure accompanied by a noise, a bursting
forth of material and evidence of the scattering of debris to locations further than would have
resulted by gravity alone.
"Explosion"does not include any of the following:
1. Artificially generated electrical current including electrical arcing that disturbs electrical devices,
appliances or wires;
2. Rupture or bursting of water pipes;
3. Explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by
you, or operated under your control; or
4. Rupture or bursting caused by centrifugal force.
3. NON-OWNED WATERCRAFT
Subparagraph g.(2)of Paragraph 2., Exclusions of Section I -Coverage A is replaced by the following:
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons or property for a charge;
4. SUPPLEMENTARY PAYMENTS
In the Supplementary Payments -Coverages A and B provision:
The limit for the cost of bail bonds in Paragraph 1.13. is changed from$250 to$1000.
•
CG 8416 12 03 Induces copyrighted material of ISO Properties.Inc.,with its Pa e4of9 s permission. Page
803 00
5. PERSONAL AND ADVERTISING INJURY-ELECTRONIC PUBLICATION EXTENSION
Paragraphs 14.b.,d.and e.of Section V-Definitions are replaced by the following:
b. Malicious prosecution or abuse of process;
d. Oral,written, televised, videotaped or electronic publication of material that slanders or libels a
person or organization or disparages a person's or organization's goods, products or services;
e. Oral,written, televised, videotaped or electronic publication of material that violates a person's right
of privacy;
The following is added to Paragraph 14."Personal and Advertising Injury"of Section V-Definitions:
h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but
only if such discrimination or humiliation is:
(1) Not done intentionally by or at the direction of:
(a) An insured; or
(b) Any"executive officer"director, stockholder, partner or member of the insured; and
(2) Not directly or indirectly related to the employment, prospective employment or termination of
employment of any person or persons by any insured.
Subparagraphs b. and c. of 2., Exclusions of Section I-Coverage B -Personal And Advertising
Injury Liability are replaced by the following:
b. Material Published With Knowledge Of Falsity
"Personal and advertising injury" arising out of oral,written, televised, videotaped or electronic
publication of material, if done by or at the direction of the insured with knowledge of its falsity;
c. Material Published Prior To Policy Period
"Personal and advertising injury"arising out of oral, written, televised, videotaped or electronic
publication of material whose first publication took place before the beginning of the policy period;
6. AGGREGATE LIMITS OF INSURANCE (PER LOCATION)
The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your
"locations"owned by or rented to you or temporarily occupied by you with the permission of the owner.
"Location" means premises involving the same or connecting lots, or premises whose connection is
interrupted only by a street, roadway,waterway or right-of-way of a railroad.
7. AGGREGATE LIMITS OF INSURANCE(PER PROJECT)
The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your
projects away from premises owned by or rented to you.
CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 5 of 9
E SO4 00
8. VOLUNTARY PROPERTY DAMAGE COVERAGE
At your request, we will pay for"loss"to property of others caused by your business operations. The
most we will pay for this coverage is$500 each"occurrence." The"loss"must occur during the policy
period. The"occurrence"must take place in the"coverage territory".
"Loss"means unintended damage or destruction. "Loss"does not mean disappearance, abstraction or
theft.
This coverage does not apply to:
1. Damage arising out of the use of any"auto";
2. Property you own, occupy, rent or lease from others; or
3. Property on your premises for sale, service, repair or storage.
None of the other policy exclusions apply to this coverage.
If the policy to which this endorsement is attached is written with a property damage liability deductible,
the deductible shall apply to Voluntary Property Damage. The limit of coverage stated above shall not
be reduced by the amount of this deductible.
9. OFF PREMISES CARE, CUSTODY OR CONTROL COVERAGE
A. We will pay those sums that you become legally obligated to pay as damages because of"property
damage"to personal property of others while in your or your"employees"care, custody or control or
real property of others over which you or your"employees"are exercising physical control if the
"property damage"arises out of your business operations. This Coverage is subject to sections B.,
C., D. and E. below.
B. Exclusions
This insurance shall not apply to:
1. "Property damage"of property at premises owned, rented, leased, operated or used by you;
2. "Property damage"of property while in transit;
3. The cost of repairing or replacing:
(a) Any of your work defectively or incorrectly done by you or by others on your behalf; or
(b) Any product manufactured, sold or supplied by you, unless the"property damage"is caused
directly by you after delivery of the product or completion of the work and resulting from a
subsequent undertaking; or
4. "Property damage"of property caused by or arising out of the"products-completed
operations hazard".
C. Limits Of Insurance-The most we will pay for"property damage"under this Section 9. is$25,000
for each"occurrence". The most we will pay for the sum of all damages covered under this Section
9. because of"property damage"is an annual aggregate limit of$25,000.
The Limits Of Insurance provided under this Section 9. are inclusive of and not in addition to any
other limits provided in the policy or endorsements attached to it.
D. Deductible-We will not pay for"property damage" in any one"occurrence" until the amount of
"property damage"exceeds$250. If the policy to which this endorsement is attached contains a
"property damage"deductible, that deductible shall apply if it is greater than $250.
E. In the event of"property damage"covered by this endorsement, you shall, if requested by us,
replace the property or furnish the labor and materials necessary for repairs thereto at your actual
cost, excluding profit or overhead charges.
CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 6 of 9
E 806 00 j
10. NEWLY FORMED OR ACQUIRED ORGANIZATIONS
A. Paragraph 4.of Section II -Who Is An Insured is deleted and replaced by the following:
4. Any business entity acquired by you or incorporated or organized by you under the laws of any
individual state of the United States of America over which you maintain majority ownership
interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a
Named Insured if there is no similar insurance available to that entity. However
a. Coverage under this provision applies only until the expiration of the policy period in which
the entity was acquired or incorporated or organized by you.
b. Coverage A does not apply to"bodily injury"or"property damage"that occurred before the
entity was acquired or incorporated or organized by you.
c. Coverage B does not apply to"personal and advertising injury"arising out of an offense
committed before the entity was acquired or incorporated or organized by you.
d. Records and descriptions of operations must be maintained by the first Named Insured.
B. This Section 10.does not apply to newly formed or acquired organizations if coverage is excluded
either by provisions of the Coverage Part or by other endorsement(s)attached to it.
11. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT
A. The requirements in Section IV-Conditions, Paragraph 2.a.,that you must see to it that we are
notified of an"occurrence"applies only when the"occurrence"is known to:
1. You, if you are an individual;
2. A partner, if you are a partnership;
3. A member or manager, if you are a limited liability company;
4. An executive officer or designee, if you are a corporation;
5. A trustee, if you are a trust; or
6. A designee, if you are any other type of organization.
B. The requirements in Section IV-Conditions Paragraph 2.b. that you must see to it that we receive
written notice of a claim or"suit"will not be considered breached unless the breach occurs after
such claim or"suit" is known to:
1. You, if you are an individual;
2. A partner, if you are a partnership;
3. A member or manager if you are a limited liability company;
4. An executive officer or designee, if you are a corporation;
5. A trustee, if you are a trust; or
6. A designee, if you are any other type of organization.
Knowledge of an "occurrence,"claim or"suit" by the agent, servant or"employee"of any insured
shall not in itself constitute knowledge of the insured unless an officer or designee shall have
received notice from its agent, servant or"employee".
12. BODILY INJURY
Paragraph 3.of the definition of"bodily injury"in the Section V-Definitions is replaced by the
following:
3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental
anguish or death resulting from any of these at any time.
Mt
CG 6416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 7 of 9 -;
E 606 00 "'':�
13.WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS
We have the right to recover our payments from anyone liable for an injury covered by this policy. We
will not enforce our right against any person or organization for whom you perform work under a written
contract that requires you to obtain this agreement from us.
This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement.
14. MEDICAL PAYMENTS
If Coverage C Medical Payments is not otherwise excluded, the Medical Expense Limit provided by this
policy shall be the greater of:
A. $10,000; or
B. The amount shown in the Declarations.
15. BROAD NAMED INSURED
Paragraph 2.a.(1)(d)of Section II -Who Is An Insured is replaced by the following:
(d) Arising out of his or her providing or failing to provide professional health care services. However,
this exclusion does not apply to nurses, emergency medical technicians or paramedics who are
employed by you to provide medical or paramedical services to your employees.
16. BROADENED MOBILE EQUIPMENT
Paragraph 12.f.(1)of Section V-Definitions is replaced by the following:
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not construction or resurfacing; or
(c) Street cleaning provided that vehicles have a Gross Vehicle Weight of 1,000 pounds or greater;
17. INCIDENTAL MALPRACTICE LIABILITY
Paragraph 3.of Section V-Definitions is replaced by the following:
3. "Bodily injury"means bodily injury, sickness, disease or"incidental medical malpractice"sustained
by a person, including mental anguish or death resulting from any of these at any time.
The following is added to Section V-Definitions:
23. "Incidental medical malpractice" means injury arising out of the negligent rendering or failure to
render medical or paramedical services to persons by any physician, dentist, nurse, emergency
medical technician or paramedic who is employed by you to provide such services to your
employees, provided you are not engaged in the business or occupation of providing any
services referred to in this definition.
18. NON-OWNED AIRCRAFT
The following is added to Subparagraph g.of 2., Exclusions of Section I -Coverage A Bodily Injury
And Property Damage Liability:
(6) An aircraft with a paid crew, that is hired, chartered or loaned but is not owned by any insured.
CG 8416 12 03 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 8 of 9
E 607 00
19. PROPERTY DAMAGE -ELEVATORS
The following is added to Subparagraph j. of 2., Exclusions of Section I -Coverage A Bodily Injury
And Property Damage Liability:
Paragraphs(3)and (4)of this exclusion do not apply to damages that result from the use of elevators.
All other terms and conditions of your policy remain unchanged.
•
•
J1
CG 8416 12 03 Includes copyrighted material of ISO Properties.Inc..with its permission. Page 9 of 9
E608 00
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Search > OHIO SECURITY INSURANCE COMPANY
OHIO SECURITY INSURANCE COMPANY
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Name: OHIO SECURITY INSURANCE COMPANY Registered Mailing address
Corporate family group: LIBERTY MUT GRP what is this? address 175 BERKELEY ST
Organization type: PROPERTY 62 MAPLE AVE BOSTON, MA 02116
KEENE, NH 03431
WAOIC: 1007 Telephone
NAIC: 24082 Telephone 617-357-9500
513-867-3023
Status: ACTIVE
Admitted date: 06/11/1974
Ownership type: STOCK
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A M.Best*02379 NAIC r 24062 FEIN[Si 054977
Address' 175 Berkeley Street Phone: 617-357-9500
Boston,MA 02116 Fax' 513-603-3179
UNITED STATES Web'. www.LibertyMutualGroup.corn
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