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HomeMy WebLinkAbout5.502 Original Contract AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND MILBOR-PIT A & ASSOCIATES, INC. RELATING TO: Engineering Services for Tumwater Slide Repairs V PAYMENT '"Z ,It THIS AGREEMENT is made and entered into this -~O - day of Apnl The CITY shall pay the CONSULTANT as set forth In this section of the 1999, by and between THE CITY OF PORT ANGELES, a non-charter code Agreement. Such payment shall be full compensation for work performed, crty of the State of Washington, (hereinafter called the "CITY") and Mllbor- services rendered, and all labor, matenals, supplies, equipment and Pita & ASSOCiates, Inc a Washington Corporation (hereinafter called the inCidentals necessary to complete the work. "CONSULTANT") '" --~"" .,. . /'- . .... \ . ~ WHEREAS, the CITY deSires to develop a design for Tumwater Slide Repairs, and WHEREAS, the CITY deSires to engage the profeSSional services and assistance of a qualified consulting firm to perform the scope of work as detailed In Exhibit A, and WHEREAS, the CONSULTANT represents that It IS in full compliance With the statutes of the State of Washington for profeSSional registration andlor other appllcable requirements, and WHEREAS, the CONSULTANT represents that It has the background, expenence, and ability to perform the required work In accordance with the standards of the profeSSion, and WHEREAS, the CONSULTANT represents that It will provide qualified personnel and appropriate facilities necessary to accomplish the work; NOW, THEREFORE, In consideration of the above representations and the terms, conditions, covenants and agreements set forth below, the parties hereto agree as follows SCOPE OF WORK The scope of professional services to be performed and the results to be achieved by the CONSULTANT shall be as detailed In the attached Exhibit A, and shall include all services and material necessary to accomplish the work. The CITY may review the CONSULTANT'S work product, and if it IS not satisfactory the CONSULTANT shall make such changes as may be required by the CITY Such changes shall not constitute "Extra Work" as related in Section XI of thiS Agreement. The CONSULTANT agrees that all services performed under this Agreement shall be in accordance With the standards of the profeSSion and In compliance With applicable federal, state and local laws The Scope of Work may be amended upon written approval of both parties II OWNERSHIP OF DOCUMENTS Upon completion of the work, all documents, exhibits, photographic negatIVes, or other presentations of the work shall become the property of the CITY for use WIthout restriction and without representation as to SUitability for reuse by any other party unless specifically verified or adapted by the CONSULTANT However, any alteration or reuse of the documents, by the City or by others acting through or on behalf of the City, Will be at the CIty'S sole risk III DESIGNATION OF REPRESENTATIVES Each party shall deSignate ItS representatives in writing The CONSULTANT'S representatIVe shall be subject to the approval of the CITY. IV TIME OF PERFORMANCE The CONSULTANT may begin work upon execution of this Agreement by both parties The work shall be completed In accordance With the schedule set forth in the attached Exhibit D. 5.~ A Payment shall be on the basis of the CONSULTANT'S cost for actual labor, overhead and profit plus CONSULTANT'S direct non-salary reimbursable costs as set forth In the attached Exhibits Band C, respectively. Labor costs shall be based on the hourly rates shown In Exhibit B. Hourly rates shall be based upon an indiVidual's hourly wage, times t~total number of hours worked, times a multiplier of :;z.. ,l) . The multiplier shall include overhead and profit General clerical time shall be considered an overhead item, except where speCific work Items are involved that reqUire one hour or more continued effort, In which case time Will be charged on the basis of hours worked. 2 The direct non-salary reimbursable costs are those directly incurred in fulfilling the terms of thiS Agreement, includIng, but not limited to, travel, subSistence, telephone, CADD computer, reproduction and printing, supplies and fees of outside services and consultants Ten percent (10%) overhead and profit may be added to direct non-salary reimbursable"costs - B The CONSULTANT shall submit Invoices to the CITY on a monthly basis InVOices shall detail the work, hours, employee name, and hourly rate; shall Itemize With receipts and inVOices the non-salary direct costs; shall indicate the speCific task or actiVity In the Scope of Work to which the costs are related, and shall Indicate the cumulative total for each task C. The CITY shall review the Invoices and make payment for the percentage of the project that has been completed less the amounts previously paid o The CONSULTANT invoices are due and payable within 30 days of receipt In the event of a disputed billing, only the disputed portion WIll be Withheld from payment E Final payment for the balance due to the CONSULTANT Will be made upon the completion of the work and acceptance by the CITY F Payment for "Extra Work" performed under Section XI of thiS Agreement shall be as agreed to by the parties in writing VI MAXIMUM COMPENSATION Unless otherwIse agreed to In wntlng by both parties, the CONSULTANT'S total compensation and reimbursement under thiS Agreement, including labor, direct non-salary reimbursable costs and outSide services, shall not exceed the maximum sum of $33,000 00 VII EMPLOYMENT Employees of the CONSULTANT, while engaged in the performance of any work or services under this Agreement, shall be considered employees of the CONSULTANT only and not of the CITY, and claims that may anse under the Workman's Compensation Act on behalf of said employees while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the CONSULTANT'S employees while so engaged, on any of the work or services proVided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT In performing thiS Agreement, the CONSULTANT shall not employ or contract with any CITY employee Without the City's written consent City of Port Angeles -[month and year] ,.. 'ViII . NONDiSCRIMINATION The CONSULTANT shall conduct its busIness In a manner, which assures fair, equal and non-discriminatory treatment of all persons, without respect to race, creed or national origin, and, in particular A The CONSULTANT shall maintain open hiring and employment practices and WIll welcome applications for employment In all positions, from qualified Individuals who are members of minorities protected by federal equal opportunity/affirmative acllon requirements, and, 8. The CONSULTANT shall comply with all requirements of applicable federal, state or local laws or regulations Issued pursuant thereto, relating to the establishment of non discriminatory requirements In hiring and employment pracllces and assuring the service of all persons WIlhout discrimination as to any person's race, color, religion, sex, Vietnam or veterans's status, disabled veteran condition, phYSical or mental handicap, or national origin. IX SUBCONTRACTS A The CONSULTANT shall not sublet or assign any of the work covered by thiS Agreement without the written consent of the CITY 8 The CONSULTANT will be using the firms submitted With Its proposal as subcontractors Subcontractors other than those listed shall not be permitted without the written consent of the CITY. C. In all soliCitation either by compelltlve bidding or negotiation made by the CONSULTANT for work to be performed pursuant to a subcontract, Including procurement of materials and eqUipment, each potential subconsultant or supplier shall be notified by the CONSULTANT of Consultant's obligations under thiS Agreement, Including the nOndiSCrimination requirements X CHANGES IN WORK Other than changes directed by the CITY as set forth in Section I above, ellher party may request changes In the scope of work Such changes shall not become part of thiS Agreement unless and until mutually agreed upon and incorporated herein by written amendments to thiS Agreement executed by both parties XI EXTRA WORK The CITY may deSire to have the CONSULTANT perform work or render services in connection With thiS proJect, In addition to the Scope of Work set forth in Exhlbll A and minor reVISions to satlsfactonly completed work Such work shall be conSidered as "Extra Work" and shall be addressed In a wntten supplement to this Agreement The CITY shall not be responsible for paYing for such extra work unless and until the wntten supplement IS executed by both parties XII TERMINATION OF AGREEMENT A The CITY may terminate this Agreement at any time upon not less than ten (10) days wntten notice to the CONSULTANT. Wntten notice Will be by certified mall sent to the consultant's deSignated representallve at the address provided by the CONSULTANT 8 In the event thiS Agreement IS terminated prior to the completion of the work, a final payment shall be made to the CONSULTANT, which, when added to any payments previously made, shall compensate the CON SU L T ANT for the percentage of work completed C. In the event this Agreement IS terminated pnor to completion of the work, documents that are the property of the CITY pursuant to Secllon II above, shall be delivered to and received by the CITY prior to transmittal of final payment to the CONSULTANT. XIII INDEMNIFICATION/HOLD HARMLESS The CONSULTANT agrees to Indemnify the CITY from any claims, damages, losses, and costs, Including, but not lImIted to, attorney's fees and Illigatlon costs, anslng out of claims by third parties for property damage and bodily InJUry, including death, caused solely by the negligence or Willful misconduct of the CONSULTANT, CONSULTANT employees, affiliated corporations, officers, and subcontractors In connection with the work performed under this Agreement. The CITY agrees to Indemnify the CONSULTANT from any claims, damages, losses, and costs, including, but not limited to, attorney's fees and Illigalion costs, anSlng out of claims by third parties for property damage and bodily injury, including death, caused solely by the negligence or Willful misconduct of the CITY, CITY's employees, or agents in connection with the work performed under this Agreement. If the negligence or Willful misconduct of both CONSULTANT and CITY (or a person identified above for whom each is liable) IS a cause of such damage or inJUry, the loss, cost, or expense shall be shared between the CONSULTANT and the CITY In proportion to their relative degrees of negligence or Willful misconduct and the right of indemnity shall apply for such proportion. Should a court of competent Junsdlctlon determine that this Agreement's subject to RC'N 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 CONSULTANT and the CITY, its officers, officials, employees, and volunteers, the CONSULTANTS liability hereunder shall be only to the extent of the CONSULTANTS negligence. It is further specifically and expressly understood that the Indemnification prOVided herein constitutes the CONSULTANTS waiver of Immunity under Industnal Insurance, TIlle 51 RCW, solely for the purposes of thiS indemnification ThiS waiver has been mutually negotiated by the parties The prOVIsions of thiS section shall survive the expiration or termination of this Agreement. However, the CONSULTANT expressly reserves ItS nghts as a third person set forth In RCW 51 24.035 XIV INSURANCE The CONSULTANT shall procure and maintain for the durallon of the Agreement, insurance against claims for InJunes to persons or damage to property which may anse from or In connection With the performance of the work hereunder by the CONSULTANT, ItS agents, representatives, employees or subcontractors The CONSULTANT shall provide a Certificate of Insurance eVlde 2 Commercial General lIabllltv Insurance wntten on an occurrence baSIS WIlh limits no less than $1 ,000,000 combined Single limit per occurrence and $2,000,000 aggregate for personal inJUry, bodily injUry and property damage. Coverage shall include but not be limited to blanket contractual, products/completed operations, broad form property damage, explOSion, collapse and underground (XCU) if applicable; and employer's liability; and, 3. Professionalllabllltv Insurance With limits no less than $1,000,000 limit per occurrence Any payment of deductible or self insured retention shall be the sole responSibility of the CONSULTANT. The CITY shall be named as an additional insured on the Commercial General liability Insurance polley, as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the CITY as additional insured shall be attached to the Certificate of Insurance The CITY reserves the nght to review a certified copy of all reqUired insurance policies In the CONSULTANTs office The CONSULTANTS insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except With respects to the limits of the insurer's liability The CONSULTANTS insurance shall be primary insurance as respects the CITY, and the CITY shall be given thirty (30) days pnor wntten notice of any cancellation, suspension or material change In coverage City of Port Angeles - [month and year] ....!... ,.. XV' APPLICABLE LAW This Agreement shall be construed and Interpreted In accordance with the laws ofthe State of Washington, and In the event of dispute the venue of any litigation brought hereunder shall be Clallam County. XVI EXHIBITS AND SIGNATURES This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior wntten or oral understandings, and may only be changed by a written amendment executed by both parties The following exhibits are hereby made a part of this Agreement. Exhibit A - Scope of Work Exhibit B - Consultant Labor Costs Exhibit C - Non-salary Reimbursable Costs Exhibit D - Schedule for the Work In WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF PORT ANGELES MA~R"O ---(\~. ck!:t^~~ d~ [QI<:~C<1UJ Grosl!e~ T:~VhcW vYl~ ~/)~ .. AS,TOFOR~ ,CITY ATTORNEY ATTEST 080 1!1J?~. L~ BECKY UPTON ITY ERK N \PROJECTS\99-05\DESIGN\MPAGR WPD PW-0410_01 wpd [rev 3/3/98) City of Port Angeles - [month and year) . . Apr-l~-99 10:05A M;lbor-P;ta~ Inc. 425 861 0677 P.Ol EX.\~ \\3> tT \' 1\ ~ qq-o~ of Milbor, Pita 8tSSOC1ATE..S, INC. facsimile transmittal Office 425 869 5778 Fax 425 &6\ 0677 Email pitalClirnilbor-pila ~ Web pg. www milbor-p.i~CQm W ^ MHE 1/ D5M5012114'.l To: Gary Kenwol1hy, City ofPA Fax: 3'0 - '1{~ -..~~_~" From: Frank pita Date 4/18/9910:00'55 AM Re: Tumwater Repair Pages: cc: Urgent o For Review o Phase Comrr16nt o PIGase Reply o Please Recycle . . -- . .. .. .-.. . , ..------- . . . Notes: The text to follow our phone ctIO\'ersallon of this w~ We spoke of a budget for the design of Tumwater St Slide rqJair having the following range. h is in three stepS. I) ~h!Altemative repair Repo.... (two boring;, lab, analysis, report)... ~"9,500 to $lO,..~. 2) DesignlPlaps & Specs; $4,000 to $8,000. 3) Construction Monitoring; (our onsile effon)..... $9,000 to $15,000. The max total is $33,000.... Call if questions. .. .............. .............. , f'( h I ~ t T - '6 Labor Class Hourly Rate 1. Principal Engineer/Geologist $95.00-130.00 2. Senior Engineer/Geologist $75.00-120.00 3. Project Engineer/Geologist $60.00-90.00 4. Engineer/Geologist $50.00-65.00 5. Engineering Technician $40.00-60.00 6. Admin. Support Staff $25.00-40.00 7. CAD/Graphics $45.00-55.00 Notes. 1. Actual rates billed for all classes depend on the individual performing the assignment. Reimbursable Expenses Rate Mileage 0.32/ mile Travel, meals, parking, ferry fees actual cost Phone/fax, communication (long distance only) actual cost Report reproduction copying costs (outside vendor) actual cost Notes: 1. Actual rates billed for all classes depend on the individual performing the assignment. 2. For employees in labor classes 5,6, and 7 and for part time employees, overbIDe (bIDe in excess of 8 hours per day or 40 hours per calendar week) is charged at 1.5 times the basic hourly rate. 3. Rates for hearings, trials, depositions, etc are 1.5 time standard rates. 4. Rates for long term assignments, fIeld inspection services, and special requirements should be discussed on an mdivldual basis. --. -- ~@ ~ o ~ m ~ u~ FA@ ~ ~ > (00 Uj) o n ~@ ~ ~ m ~ r~-~J:!J.;:J ~ n- " , , @ Exhibit D - Schedule Work Item Scheduled Date MilbOl'-Pita Contract Signed Complete Boring and Preliminary alternate design/estimates Receive City Comments on Preliminary Design Complete Final Design Provide Limited Inspection Services During Construction (Geotechnical) City (Pending Funding) Advertise and Award Construction Contract Start Construction Complete Work April 16, 1999 May 21, 1999 June 1, 1999 June 18, 1999 During Construction by July 7, 1999 by July 20, 1999 by Sept. 30, 1999 Notes: 1. Actual rates billed for all classes depend on the mdIVldual performing the assIgnment. 2. For employees m labor classes 5,6, and 7 and for part tune employees, overtune (tune in excess of 8 hours per day or 40 hours per calendar week) 18 charged at 1.5 times the basIc hourly rate 3080 125th Ave N.E., Bellevue, W A 98005 (425) 869-5778 l ~~" L uy.. "1~l:1II' I UN INSURANCE 425 455 5 ; ~\:)V 05/05/99 _ 8:58AM;~ #544;Page 1/1 MILBOR-PI'1'A & 3080 12Sth NE Bellevue WA 990 :OVERAGES THIS IS TO CEIlTIF\' TMAT THE P INDICATED, NOTWlTH$TANllI/IlO e;t:llnl'ICAW IMY BE ISSUGO OR EXClU$lON5 ANO CONOlTIONS OF ACORD~ BILITY INSURANCetr.s~2 CA;~~;;;~y~ THIS CERTlFICA E IS ISSUED AS A MA TrER OF INFORM TlON ONLY AND CONFERS NO RIGHTS UPON THE CERTlFICA TE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BEL.OW COMPANIES AFFORDING COVERAGE COMPANY A CNA Insurance Company tNC COMPAN\' 8 f COWANY C , ~---ll... )/li. eOM"AtlY - D -_._-~ ._~~ ".c1-. iii' Sit I TYPE OF I"SURAHCe I~ (]Ii .N$UlUNCIi usno 8E/.OW HAVE 8eEN ISSIlED TO TICi INSuRED NAMED AllCYE "OR THi POLICY t>ERlOD R~UIREM"'f, "'II1II OR CONDITION Of ANY CONTIIACT 011 OTHell DOeuMEN'l' W1T1i RESPECT TO _leM THIS Y PERT A11i1. T11E IN$l.lRAN(;f; AI'FOflOED BV THE POUCIES OI!SCRlB&O HEllfIN IS :iUeJECT TO ALL THe Tl!RMs' IICH POLICIes. LIMITS SHOWN MAY HAVE 8~N REDUCiQ BY !'AlD ClAIMS POUCY NUMIIfR jl'OLICY EFFeCTIVE I POLICY liXPlAATION I DATE (MIII/llDIYY) DAn (MM/IlO/VY) G,,"'ERAlAGGREGATE s.$2 000 000 01/05/991 01/05/00 PRODUC'l'$.COMI'fOPAGG s $2 000,000 Pli"50NAl,UDVI~URY S $1 ,000,000 j~H~C~ $~OO~ FIREDAMIIGECMyonot", J $ $ ~OO, 000 I MiPGXl'(AflY_p_onl $ $ 10 t 000 uMITS '-"-j GEI4ERAL UA8lUTY I A i Xl CO~ GIlftillAL u Un' r [= C\.AlMfi MADE IX 1 CUR I r.;j QWHtR'S a. CONTRAC'l'Oll.'S !'ROT ~ Wa Stop Gap ._ 1 68196390 I AlITOM08lLE l.IA8ILl1'f r-- 1 ANY AUTe ALl. OWNEO AUTOS , A ~ ::~=AUTOS I I~ NON.OWNI:D AUTCl:i ~---~.I CARAGE lIA8ILI1Y COMBINEOalNGLHIMIT s $1., 000,000 1 681~6390 I 01/05/99 I , 'COIL V IltJ1IRV I (Per p_onl $ 01/05/00 j~LYINJURY -- _..-.oj (".' u"....nc ' s ~:::-:::~~--l t- 1 68196390 01/05/99 01/05/00 000 000 000 000 10,000 ANV AUTO ~~cess UA8IUTY A ~;J IlMBREI.l.A HJg l O1li&R THAN UM/UlN.A WOR/lfRS COM"...6A1IQft Afl EMPlOYSI$' LWllLITY A THE PRCPAlETON PAIITNG/laIEllliCUTlVE m;1'IC~ARlO: OTllP I 1 01/27/99 j EL EACH AC;CIDfl'IT 01/27/00 El.OI$EASE.POUCYUMIT EL DISUl6E .. EA EMPLOYEE DElIGIUPTION OF OPEllATlONSI/.OC :noN5I\IEttICLUIlII'EClAL /TEfIIS ~. C1~ of Port .gG;l.Q8 is niIIDGcl id a.dl::b.tional 1.nsuredf a8 r".~cts to work ~rformil<l 1;7y oS' tlGhal.f of !:he nillll8d, insured 48 pe~ Or1ll CG2UIO a1:ta~.d. The nB.llled ins\tted f s insurance 1.8 pruaa~ as respec:'t8 the Ci ty_. Severahil1.ty of :l.nterast claus applie8 per fOnl G-2U510-A eecU.on 5 attaChed. CANCfLLAnON CITYOFP SMOILD MlV Qf ~~ OUCRle~g I'CUCIES ft CANC&\....D 8EFON! T"E EXPIRATION DATE TIWlEDF, THE ISSUING COI'U'ANY WlI.I. iIl8,.,.-.- 10 MAl.. ..!L ClAYS WltrnEN NOTICE TO THl! CERTIFICATE /otQLOeR NAIIEO TO THE "liFT. CEItTIFICATE HOLDER Ci~ of Po t Angele. At~: C KeDtforthy 'PO &ox 11 Por~ Ange as WA 99362 8Uf r _';'wnf ~u...... ~~'II' 118"'91'''' w"'IMPGlt ue .Iwa.' l4RN 8A I J&1UUl!. or.u 1..tI.6.4 ...........r~~r.l'~.u..,...I.!r.....~lW'ftI.!.I!J......"...&.. AIIl'HOIlJlal RIPICE5ENTAT1Vl ....:J.- "\,. -:7' h . .:.:.-L-_ ~erry J.. Lynch, eIe. ePIA ~ .. ACORD CORPORATION 1988 ACORD 25.$ (1I9S) POLICY NUMBER: COMMERCIAL GENERAL LIABILITY C G 20 1 0 1 0 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Of ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Port Angeles PO Box 1150 Port Angeles, WA 98362 (If no entry appears above. information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to Include as an Insured the person or organizatIon shown in the Schedule. but only with respect to liability arIsing out of your ongOing operations performed for that in- sured. CG 20101093 COPYrIght. Insurance Services Qffice. Inc.. 1992 o <0 ~ '" .... [(! ~ ~ 0 '" 3. I --- - - --- - - - - - ~ i - ........ G-20510-A (Ed. 04/94) (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim IS made or "suit" IS brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "sUit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received In connection with the claim or "SUIt"; (2) Authorize us to obtain records and other information; (3) Cooperate with us In the investigation, settlement or defense of the claim or "suit"; and (4) Assist us, upon our request, In the enforcement of any right against any person or organization that may be liable to the Insured because of Injury or damage to which this Insurance may also apply. d. No insureds will, 9xcept at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. If you report an "occurrence" to your workers' compensation insurer which develops into a liability claim for which coverage is provided by this policy, failure to report such "occurrence" to us at the time of "occurrence" shall not be deemed in violation of paragraphs a., b., and c. above. However, you shall give written notice of this "occurrence" to us as soon as you are made aware of the fact that this "occurrence" is a liability claim rather than a workers' compensation claim. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this policy: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured or b. To sue us on this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this policy or that aie in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. @Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically aSSigned In thiS policy to the first Named Insured. thiS Insurance applies: a. As If each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" IS brought. F. DEFINITIONS 1. "Advertising injury" means injUry arising out of one or more of the following offenses: a. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; b. Oral or written publication of material that violates a person's right of privacy; c. Misappropriation of advertising ideas or style of doing business; or d. Infringement of cOPYright, title or slogan. 2. "Auto" means a land motor vehicle, trailer or semitrailer deSigned for travel on public roads, including any attached machinery or equipment. But "auto" does not Include "mobile equipment". 3. "Bodily Iniury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 4. "Coverage Territory" means' a. The United States of America (including its territories and posseSSions), Puerto Rico and Canada; b. International waters or airspace, provided the Injury or damage does not occur In the course of travel or transportation to or from any place not included in a. above; or c. All parts of the world if: Page 8 of 11 MAY 05 1999 08' 38 HAS 206 682 8494 P.01/01 . .- - A(;UHD.. lit:K t It-IUA II: U~ 'l~Aijl'L'TY U\~SURANCEifRLdl!l DATE (MMlDDlYYI 05/05/99 PRODUCER THIS CeFtTIFt~TE IS ISSUED AS A MAT!1=R OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON tHE CERTIFICATE Hurley, A~ktD8 & Stewart, rllc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1800 Ninth Ave., '1500 At. TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. S.ae~l. WA 98101 COMPANIES AFFORDING COVERAGE Paula J. H~~chcoCk COMPANY P""""two 206- 82-SS!l6 Fax NG A SecUrity Ius Co of B~tford INSUREO COMPANY B COMPANY Hilbor-Pita . Associat.. Iuc. e 3080 12S~h Ave HI COMPANY Bellevue WA 98005 D COVERAGES n . , ,~~ , . . THIS 16 TO CERTIFY neAT THi POlICIES Of INSURANCE LISTED 8elOW ~V& eEIN ISSUED TO 'THE INSURED NAMED ABOVE FOR THE POLICY PERIOO INDICATED, NOTWITH8TANDING ANY REQUIREMENT. 'TeRM OR CONOlTION OF IUl'f CON'I'RACT OR OTHER DOCUMENT WITH RESPECT TO WHICH T1i18 CE'-TIFICATE MAY Be ISSUED OR MAY PERTAIN, THfi IN&URANCE N'l'OROEO 8Y THE POLICIES DESCRIllED HEREIN IS SUSJECT TO ALl tHe ll!RM$, EXCLUSIONS ANb CONDITIONS OF SUCH POlICIES LIMITS SHov.tI MAY HAVE 8EEN REOUCiO 8Y PAID CLAIMS. CO TYPE OF INSURANeE POLICY NUM8liR POLICY EFFECTIve POLICY EXPIRATION lIMITS LTR DATE (MMIDOI'N) DATE (MMIOD/VY) ~tERAl.LIABILtTY GENERAl AGGREGATE S COMMErtCW. GEN!RAL LIABILITY PRODUCTS . COMPIOP AGG S W CLAIMS MADE 0 OCCUR PERSONAL & AOV INJURY * 1--- EACH oeCURRENCE OWNER'S & COf(TRACTOR'S PROT S - ~ FIRE DAMAGE (Any _lire) S MEDEXP(My_~ $ ~TOM08ILE LIABILITY COMBINED $INGL! LIMIT . - ANY AUTO AlL OWNEO AUTOS BODILY INJURY - S SCHEOUlED AUTOS (Per pemn) - - HIRED AUTO$ BOO/l.Y INJURY (,.,~ S - NON-OWNEO AUTOS - PROPERTY DAlW\GE . GMAGE LIABILITY AUTO ONL. Y . eAACCIOENT $ i--- ANY AUTO OTHER mAN AUTO ONLY' " - EACH ACCIOENT S AGGREGATE S excESS LIABILITY EACH OCCURRENCE . R UMBRELLA FORM AGGREGATe S OTHER THAN UMSREUA FORM ~~sl . WORl<EltS COMP6HSATIONAND lOW eMPI.OYERS' LIABILITY EL iACH ACCIDENT S llolE PROPRlETOW R::: EL OISEASE . POlICY lIMIT S PARTNEftSlEXEC\JT\VE OFFICERS ARE: liL OI&EASE - EA EMPLOYEE S OTIleR A P:rofe.8:1.oAal PL51485t 04/01/99 0'1/01/00 2,000,000 each claim Llab:i.li~y & 1A the lUUlual agg DESCRIPTION OF OI'ERATIONSILOCATtONS/VEHICLE$1SP1iCIAL ITEMs ror P~fe881oAal1L1ab1liaYI tt:.;i!i8gate 1~'i;8 the total 11&8UZ'aQce avail e for f covsr. ala r..eutJd the IOli~ period. The limit. Wil b8:re uc8<l by p. t. 0 iudeIIJU. ~y U1 e~ us.. <> CEfmFlCATE H~OER - , ~CEUATlON POReU9 SHOULO ANY OF TNfi A8ovt: DESCRIBED POLICIES Be CANCELLED BEF~ ElCPIRATlOtl DATE 'OlEREOf'. THE ISSUING COMPANY WIll . MAIL ..!!L.. DAYS WM'fEN NOTICE TO THE C!RmCATi HOLDER NAMED TO THe lEFT. ei~y of po:r~ Angele. ~ A~tu: Gary Kenworthy P 0 Bo1c 1150 AUTHORIZED ENTA cd).. \ I~i~~..~ Port Angele8 WA 98362 Paula J. Hitc:hc:oc ACORD 2S.s (11.95)', " , ~'c. - " - , - r ., . ,. - . TOTAL P.01