Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
Contract - 06-27-2017 - 8814 - Emergency Contract - Kalam River Rd Rock Scaling and Tree Removal - Project No. 5337 - ERP No. 756 - Hi Tech Rockfall Construction, Inc.AS -8814
BOCC Agenda
Meeting Date: 06/27/2017
B. 21.
EMERGENCY CONTRACT - Kalama River Road Rock Scaling and Tree Removal - Project No. 5337;
ERP No. 756 - Hi -Tech Rockfall Construction Inc.
Submitted For: Brad Bastin, Public Works
Department: Public Works
Submitted By: Carol Sides, Public Works
Information
Subject and Summary Statement
The Department of Public Works maintains Kalama River Road as a county roadway. On April 10, 2017
an unforeseen slide brought mud and rock onto Kalama River Road, at or near MP 9.7, making it
impossible to keep the road open and safe for travel.
On April 11, 2017, the Board of County Commissioners declared an emergency existed, pursuant to
RCW 36.32.270 and RCW 39.04.280 regarding emergency cleanup and repairs from the slide on Kalama
River Road at or near MP 9.7.
The Board adopted Resolution No. 17 -031 on April 11, 2017 stating the bidding and posting requirements
of RCW 36.32.245 and RCW 39.04 were waived and authorizing the Department of Public Works to
proceed with the cleanup and repairs to all the road to be safely reopened.
Attached is the Emergency Contract or Purchase Form and Emergency Contract or Purchase
Justification for Hi -Tech Rockfall Construction, Inc. signed by Brad Bastin, Public Works Director, on
June 13, 2017.
Will Staff Attend Y / N
Y
Department Recommendation
It is the recommendation of the Department of Public Works that the Board place the Emergency
Contract or Purchase Form and Emergency Contract or Purchase Justification for Hi -Tech Rockfall
Construction, Inc. for the Kalama River Road Rock Scaling and Tree Removal Project No. 5337, signed
by Brad Bastin, Public Works Director, on June 13, 2017, into the official record.
Emergency Contract
Contract
Resolution 17 -031
Inbox Reviewed By
Chris Andrews Chris Andrews
Susan Eugenis Susan Eugenis
Brad Bastin Brad Bastin
Doug Jensen Doug Jensen
Clerk of the Board Tiffany Ostreim
Attachments
Form Review
Date
06/15/2017 03:40 PM
06115/2017 04:55 PM
06/19/2017 08:25 AM
06119/2017 08:41 AM
06/19/2017 09:24 AM
Form Started By: Carol Sides Started On: 06/15/2017 12:47 PM
To:
EMERGENCY CONTRACT OR PURCHASE
Brad Bastin
Responsible Official for Cowlitz Count
Susan Eugenis /Assistant County Engineer
From:
Public Works
Requesting Official /DepartmentHead Department /Division
CONTRACT OR PURCHASE REQUEST:
Labor and Equipment for tree removal and rock scaling.
REQUESTED CONTRACTOR OR VENDOR: Hi -Tech Rockfall Construction, INC
COST ESTIMATE OR NOT TO EXCEED: $ 120,000.00 (incl. tax)
Emergency" for public works contracting and purchasing is defined by RCW 39.04.280(3) to mean unforeseen circumstances
beyond the control of the county that either: "(a) Present a real, immediate threat to the proper performance of essential
functions; or (b) will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not
taken." If the emergency is of a severity to invoke the county's emergency management plan adopted under RCW 38.52.070(1),
that plan should be followed. Another statute, RCW 38.52.070(2), authorizes political subdivisions in which major disasters
occur (as defined in RCW 38.52.020 and RCW 35.52.010(6)) to forego statutory competitive bidding requirements. In the event
of an emergency when the public interest or property of the county would suffer material injury or damage by delay, upon an
order of the county executive declaring the existence of such emergency and reciting the facts constituting same, the
requirements governing competitive bids for materials, equipment and supplies with reference to any purchase or contract
may be waived pursuant to RCW 36.32.270.
STATEMENT OF NEED:
My office's /department's recommendation for emergency contracting or purchase is based upon the
objective review of the services or equipment required and this appears to be in the best interest of the
County. I know of no conflict of interest on my part or personal involvement in any way with this
request. No gratuities, favors or compromising action have taken place. Neither has my personal
familiarity with particular brands, or types of equipment, or suppliers or contractors been a deciding
influence on my request to seek an emergency contract or purchase, without competitive bid or
solicitation.
Refer to the attached emergency purchase justification as prepared by our office /department.
DECLARATION : The following services or materials are being sought or purchased as emergencies and
meet the requirements of the above - referenced statutes.
Requester Isusan Eugenis Department Head iBrad Bastin
Signature of Req ester ate Signature of Dept. Head Date
PAGE
EMERGENCY CONTRACT OR PURCHASE JUSTIFICATION
Requested item/ service: (Tree Removal and Rockfall from rock slope above Kalama River Road, — MP 9.84
1. Timeframe proposed for emergency contractor
2. Describe the scope work or nature of and
iove unstable and loose rock from cliff above Kalama River Road at approximate milepost 9.84. Part of the cliff
A and deposited rocks on Kalama River Road, blocking the roadway. Additional rocks on the slope and trees at
top of the cliff are in danger of falling and need to be removed. The work is estimated to take one week at an
mated cost of $650 per hour.
3. This is emergency contract or purchase arises under:
rx— Emergency public works contracting and purchasing as defined by RCW
39.04.280(3 )
r Emergency contracting and purchasing as defined by RCW 36.32.270
F— Emergency contracting and purchasing as defined under RCW 38.52, and
county, state and national emergency declarations and disasters (NOTE: ALSO
REQUIRES AN ADDITIONAL BOARD OF COMMISSIONERS DECLARATION OF EMERGENCY).
4. Additional factors /explanation of this contract or purchase:
rock scaling and specialty work are specialized construction that is beyond the capabilities of the County's road
is. The road is closed by a rockslide. Debris on the road can not be removed until the slope has been stabilized.
EMERGENCY CONTRACT OR PURCHASE DECLARATION AND APPROVAL
As the "Responsible Official" to declare an emergency and authorize contracting or purchasing as emergencies, as set
forth in County Policy section 5.1.2.23, and RCW 39.04.280, 1 hereby DECLARE AN EMERGENCY for purposes of
contracting or purchasing, and for waiver of competitive bidding or solicitation, and APPROVE AWARD OF THE
CONTRACT and /or APPROVE THE PURCHASE, as set forth above.
Signature of Responsible Official Name/Title of Official Date
PAGE
tTZ °poy DEPARTMENT OF PUBLIC WORKS
6O
1600 — 13th Avenue South
Kelso, WA 98626
TEL (360) 577 -3030
FAX (360) 636 -0845
4SHINGI0 ww kv .co.cowlitz.wa.us/oublicworks/ Emergency Work Contract
KALAMA RIVER ROAD ROCK SCALING AND TREE REMOVAL MP 9.8 -9.9
PROJECT 5337
ROAD NUMBER 40000
THIS AGREEMENT, made and entered into this to! day of 0yYi 2017
between COWLITZ COUNTY, acting through Cowlitz County Department of Public Works, and
the Board of County Commissioners under and by virtue of Title 36.32.270 RCW and Title
39.04.280 RCW, as amended and
Contractor's Name and Address:
HI -TECH ROCKFALL CONSTRUCTION, INC.
PO BOX 674
FOREST GROVE, OREGON 97116
503- 357 -6508
Herein called the Contractor.
WITNESSETH:
That in consideration of the terms and conditions contained herein and made a part of this
agreement, the parties hereto covenant and agree as follows:
I. The Contractor shall do all work and furnish all tools, materials and equipment for:
Cutting existing trees from the top of a rock cliff and rock scaling/rock removal from the
top of the cliff and the cliff face. Trees and rocks are to be left at the bottom of the cliff
for removal by County forces. Services to be paid for at an hourly crew rate of $675.00 (4
Hour Minimum Per Day) and Mobilization/Demobilization of $825.00.
Hourly crew rate includes all markups, small tools and incidentals. Larger equipment, if
needed, will be paid by force account based on actual rental costs or blue book rates with
markups applied per 1 -09.6 of the Standard Specifications for Road, Bridge and Municipal
Construction 2016 published by the Washington State Department of Transportation.
Work is to be in accordance with directions of the Engineer and in accordance with the
Washington State Department of Transportation's Standard Specifications for Road, Bridge and
Municipal Construction (2016), Amendments to the Standard Specifications and the Special
Emergency Work Contract Page 2
Provisions which are by this reference, incorporated herein and made a part hereof and, shall
perform any changes in the work in accord with the Contract Documents.
II. Cowlitz County hereby promises and agrees with the Contractor to employ and does employ
the Contractor to do and cause to be done the above - described work and to complete and
finish the same in accordance with the provisions of the Standard Specifications for Road Bridge
and Municipal Construction, in the manner and upon conditions provided for in this contract.
III. The Contractor for himself and for his heirs, executors, administrators, successors, and
assigns, does hereby agree to full performance of all covenants required of the Contractor in
the Contract, and shall finish and complete all work describe in the contract no later than thirty
30) working days from the executed day and year first written below.
IV. It is further provided that no liability shall attach to the County by reason of entering into
this contract, except as provided herein.
V. A Contract Bond will be required: _Yes _X_ No
IN WITNESS WHEREOF, the Contractor has executed this instrument, on the day and year
written below and the Board of County Commissioners has caused this instrument to be
executed by and in the name of the said Cowlitz County and the Cowlitz County Department of
Public Works on the day and year written below.
Ca,:. ITExecutedbytheCeekcacterthisl-:tdayof tWl1 2017.
HI -TE Rockfall, C n3uctlon, Inc. COWLITZ OU TY, WASHINGTON
n
ignature i Bra Bastin, Director of Public Works
Cindy D. Ingram
Printed Name
Secretary /Treasurer
Title
Date
Special Provisions
Rock Cuts
Section 2- 03.3(2) is supplemented with the following:
April 5, 2010)
Rock Slope Scaling
The Contractor shall remove loose rock and soil from the existing rock slope locations
as specified by the Engineer. ,
Equipment
Rock slope scaling shall be performed with scaling bars, portable hydraulic
wedges, air pillows, hand drills, splitters, and other mechanical or hand tools
demonstrated to be effective in performing the work to the satisfaction of the
Engineer.
Rock Slope Scaling Construction Requirements
As a first item of work, the Contractor shall clear the rock slope of trees and
woody vegetation within the work zone within 10 feet of the slope crest or as
otherwise specified by the Engineer. Clearing shall conform to Sections 2 -01.1
and 2- 013(1), and the requirement that the vegetation shall be close cut, leaving
the root wad intact.
Rock slope scaling shall begin at the top of the rock slope and work shall proceed
down slope, removing loose rock and soil as the work progresses. The extent of
rock slope scaling shall be as directed in the field by the Engineer.
Rock Slope Scaling Debris Collection and Removal
The Contractor is not required to collect, remove and dispose of rock slope
scaling debris generated by the work, including rock debris within the limits of the
project present at the base of the slope at the beginning of the project.
DATE (MMIDDM'YYI
CERTIFICATE OF LIABILITY INSURANCE 4/11/2017
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 have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
PRODUCER
PD Insurance
97477
INSURED HI- TR00O3W
Hi -Tech Rockfall Construction Inc.
PO Box 674
Forest Grave OR 97116 -0674
777371008 REVISION NUMBER:
COVERAGES CERTIFICATE NUMBER.
HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODTHISISTOCERTIFYTHATTHEPOLICIESOFINSURANCELISTEDBELOWOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHISINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
AUDL DIOR POLICY tY -V iILTR
POLICYPOLICY EXP LIMBS
TYPE OF INSURANCE INSO MD POLICY NUMBER L(MMNO MMIDOMYYYI
EACHOCCURRENCE SCOMMERCIALGENERALLIABILfiYI
O REN E—P U
lI CLAIMS MADE OCCUR PREMISF91FqPRJFMI
MEO FXC (Any nn p sdl S __.__.
PEfl GNAL &AIJ /INJURY S
GENT AGGREGATE LIMIT APPLIES PER:
GENERAL - AGGREGATE —
O- F__1 LOCPRJECTPOLICY PRODUCTS COMPIOP AGG S5 _ —_-
OTHER
E N L 5
AUTOMOBILE LIABILITY Ea acrJdenlBODILYINJURY (Per parser) 5
ANY AUTO
O"ED SCHEDULED BODILY INJURY (Per acdden0 5
AUTIN ONLY AUTOS pR EOFMAGIt5HIREDNON-0WNED
AUTOS ONLY AUTOS ONLY POr acud0nll
E
UMBRELLA LIAR OCCUR
EACHoCCUIORENCE S __
E%CES I LIAR OU11MS.h1ADF AGGREGATE
S
DEO RETENTIONS PER O1H-
A WORKERS COMPENSATION 764:101 10/1/2016 1011/2017 X UE
E.L. EACH ACCIDENT 500,000ANDEMPLOYERS' LIABIUTY YIN
ANY PROPRIETORIPARTNERIEXECUTIVE NIAOFFICERIMEMBEREXCLUDED? E.L. DISEASE -EA EMPLOYEE 2500,000MandatoryInNHI
If Yes,desu lbe under E. DISEASE - POLICY LIMIT $500,000L.
OESCRIM ION OF OPCRAT4014S below
B Multistate WC & EL 149(3100 10/12016 10112017 EL Each Accident 1,000,000
EL Disease Each Empt 1,000,000
EL Disease Pal Limit 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached It more space is required)
Project Name: Kalama River Road Rock Scaling and Tree Removal MP 9.8 -9.9
Project No.: 5337
Additional Insured Does Not Apply to Workers' CompensationWorkers' Compensation Waiver of Subrogation applies in favor of persons and /or organizations with whom the insured - employer is required
by written contract to waive subrogation rights.
Cowlitz County Department of Public Works
1600 13th Avenue South
Kelso, WA 98626
ACORD 25 (2016103)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
jt/ &
rb11GCT:T:wjfl 1A
The ACORD name and logo are registered marks of ACORD
rights reserved.
w .saif.com
Carrier No: 20001
Policy No: 764301
HI-TECH ROCKFALL CONSTRUCTION INC
PO BOX 674
FOREST GROVE, OR 97116 -0674
saiFcorporation
Endorsement No:
Agency:
MATTHEW STOPHER
KPD INSURANCE INC
PO BOX 29
SPRINGFIELD, OR 97477
WC000313
Waiver of Our Right to Recover From Others Endorsement
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 the person or organization named in the
Schedule.
This agreement shall not operate directly or indirectly to benefit anyone not named in the
Schedule.
Schedule
Description: ALL OPERATIONS
Contractor Name: PERSONS AND /OR ORGANIZATIONS WITH WHOM THE
INSURED - EMPLOYER IS REQUIRED BY WRITTEN
CONTRACT TO WAIVE SUBROGATION RIGHTS
This endorsement does not alter the rights of an injured worker to pursue recovery from
another party or SAIF to receive a statutory share of recoveries by an injured worker, even
from the party listed in the schedule.
The premium charge for this endorsement is based on one (1) percent of your manual
premium.
Effective Date: 10-01 -2016
This endorsement is part of your policy. This endorsement amends and controls anything to the
contrary. It is otherwise subject to all other terms of your policy.
Countersigned 10-17 -2016 at Salem, Oregon
430b Ker arnett, President
and Chief Executive Officer
400 High St SE I Salem, OR 97312 1 P: 800 285.8525
uLrancnl BSUTHERLAND
CERTIFICATE OF LIABILITY INSURANCE
DArE1MNIDDYYYYI
04111/2017
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(tes) must have ADDITIONAL INSURED provisions or 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
Anchor Insurance &Surety, Inc.
V NTACT Bethany SutherlandNSME. - - -- - PHONE
1 1'( - Inlc, Na, Enl: 503)224- 2500 Fac. NR. 5631224-9830
1201 SW 12th Ave. Suite 500
Portland, OR 97205
E -NAIL bsutherland @anchorias.CI
nooRESS:_ — —
wSURERISI AFFORDING COVEMOE ___ NAICI
A
wsURERA:Zurich American Insurance Co. _. 16535
INSURED - INSURER B: American Guarantee & Liability _ 26247
1'000'000
HI -TECH Rockfall Construction, Inc. INSURER C:
X Jobsite Poll.Intl
PO BOX 674 INSURER D: -
GEML AGGREGATE LIMIT APPLIES PER:
POLICY[ jELaT El LOC
INSURER E: -
S
2'800'000
Forest Grove, OR 97116
INSURER F:
Stop Gap 11000,000
CONEKAGL' bCK IRn.H I C .
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDLINSD SUERWD POLN:YNUMBER
POLICY EFF
0110112017
POMCVEXP
01101/2018
LIMITS
A X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE X OCCUR
XCU not excluded
GLA016594100
EACHOCCURRENCE
1'000'000
DAMGE TOAENTeO
MEa FXI' (Anv m'gpaLSan
100,000
10,000
X
X Jobsite Poll.Intl PERSONAL &AM INJURY t 1,000,000
GEML AGGREGATE LIMIT APPLIES PER:
POLICY[ jELaT El LOC
ENERAL AGGREGATE S
2'800'000
PRUCTS- COMPIOP AGOOD
2'808'888
Stop Gap 11000,000
A
OTHER.
ANTOMOBILELIABILITY
COMBINED SINGLE LIMIT
ir, eo
11800,080
X ANY AUTO GLA016594100 0110112017 0110112018 BODILY INJURY tex- mrspnl
BROryDILYINJURY Peraa hd w 3CWNE3OONLVSCCpTNNOSUEDpALTQSONLYAUT0.5ONLY Pa eeanlG S
B X UMBRELLALIAB
IXCESS LIAR
X OCCUR
CWMSAADE AUC01659500 118112017 01/0112018
EACH OCCURRENCE
5'000'000
AGG EGATE
5,000,000
DED I X I RETENTIONS 10,000
WORKERSCOMPENSATION
AND EMPLOYERS' LMBILIIY
ApNYPROPRIETgORRIPARTNERIEXECVDVE Y
IdnErtoryEn NFH) EXCLUDED? NH)
NIA
PER OTH-
STATUTE
E.L EACH ACCIDENT
EL DISEASE -EA EMPLOYE
EJ- DISiEASE - POLICY UMT11wstlearnMUnder
DESCRIPTION Or- OPERATIONS mi..
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addieonal Remarks Schedul4 mry Oa attachetl If more space Iz relulredlCertificateholderandallrequiredentitiesareadditionalinsuredwhenrequiredbywrittencontract. The following attached endorsements apply: Blanket
additional insured endorsement UGL1175F CW (04113) includes completed operations wording and PrimarylNoncontdbutory wording. UGL925B CW (12101)
Waiver of Subrogation. Auto extension CA 20 01 UCA424FCW Extension endorsement includes auto Waiver of Subrogation.
RE: Kalama River Road Rock Scaling and tree removal MP 9.8 -9.9
Project no: 5337
Cowlitz County
Department of Public Works
1600 13th Avenue South
Kelso, WA 98626
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016103) v luau -au I D nl. ". "—". --•• • •a
The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: GLA016594100 COMMERCIAL AUTO
CA 20 01 10 i3
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LESSOR - ADDITIONAL INSURED AND LOSS PAYEE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Named Insured:
Endorsement Effective Date:
SCHEDULE
Insurance Company: ZURICH AMERICAN INSURANCE COMPANY
PoticyNumber: GLA016594100 Effec1IveDa1w 01 -01 -2017
Expiration Date: 01 -01 -2018
Named Insured: HI TECH ROCKFALL CONSTRUCTION
Address: 2328 HAWTHORNE ST
FOREST GROVE OR 97116 -1541
Additional Insured (Lessor):
Address:
Designation Or Description
Of 'Leased Autos':
CA 20 01 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 2
PROPOSAL
t
Coves es Limit Of Insurance
Covered Autos Liabili Each "Accident"
Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus
Comprehensive Deductible For Each Covered "Leased Auto"
Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus
Collision Deductible For Each Covered "Leased Auto"
Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus
Specified Deductible For Each Covered "Leased Auto"
Causes Of Loss
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Coverage
1. Any 'leased auto" designated or described in
the Schedule will be considered a covered
auto" you own and not a covered "auto' you
hire or borrow.
2. For a "leased auto" designated or described in
the Schedule, the Who Is An Insured provision
under Covered Autos Liability Coverage is
changed to include as an 'insured" the lessor
named in the Schedule. However, the lessor is
an "insured" only for "bodily injury" or
property damage" resulting from the acts or
omissions by:
a. You;
b. Any of your "employees' or agents; or
c. Any person, except the lessor or any
employee' or agent of the lessor, operating
a 'leased auto" with the permission of any
of the above.
3. The coverages provided under this
endorsement apply to any "leased auto"
described in the Schedule until the expiration
date shown in the Schedule, or when the
lessor or his or her agent takes possession of
the °leased auto ", whichever occurs first.
B. Loss Payable Clause
1. We will pay, as interest may appear, you and
the lessor named in this endorsement for "loss"
to a'leased auto ".
Page 2 of 2
2. The insurance covers the interest of the lessor
unless the "loss" results from fraudulent acts or
omissions on your part.
3. If we make any payment to the lessor, we will
obtain his or her rights against any other party.
C. Cancellation
1. If we cancel the policy, we will mail notice to the
lessor in accordance with the Cancellation
Common Policy Condition.
2. If you cancel the policy, we will mail notice to
the lessor.
3. Cancellation ends this agreement.
D. The lessor is not liable for payment of your
premiums.
E. Additional Definition
As used in this endorsement:
Leased auto" means an "auto° leased or rented to
you, including any substitute, replacement or extra
auto" needed to meet seasonal or other needs,
under a leasing or rental agreement that requires
you to provide direct primary insurance for the
lessor.
Insurance Services Office, Inc., 2011
PROPOSAL
CA 2001 1013
Additional Insured - Automatic - Owners,
Lessees Or Contractors
ZURICH
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured:
Address (including ZIP Code):
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you
are required to add as an additional insured on this policy under a written contract or written agreement. Such person
or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal
and advertising injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf,
in the performance of your ongoing operations or "your work" as included in the "products- completed operations
hazard ", which is the subject of the written contract or written agreement.
However, the insurance afforded to such additional insured:
1. Only applies to the extent permitted by law; and
2. Will not be broader than that which you are required by the written contract or written agreement to provide for
such additional insured.
B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:
This insurance does not apply to:
Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to
render, any professional architectural, engineering or surveying services including:
a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,
Feld orders, change orders or drawings and specifications; or
b. Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the
supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the
bodily injury" or "property damage ", or the offense which caused the "personal and advertising injury", involved the
rendering of or the failure to render any professional architectural, engineering or surveying services.
U- GL- 1775 -F CW (04/13)
Page t of 2
Includes copyrighted material of Insurance Services Once, Inc., with its permission
PROPOSAL
C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV —
Commercial General Liability Conditions:
The additional insured must see to it that:
1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim;
1 We receive written notice of a claim or "suit" as soon as practicable; and
3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by
another insurer under which the additional insured may be an insured in any capacity. This provision does not
apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement
requires that this coverage be primary and non - contributory.
D. For the purposes of the coverage provided by this endorsement:
1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability
Conditions:
Primary and Noncontributory insurance
This insurance is primary to and will not seek contribution from any other insurance available to an additional
insured provided that:
a. The additional insured is a Named Insured under such other insurance; and
b. You are required by written contract or written agreement that this insurance be primary and not seek
contribution from any other insurance available to the additional insured.
2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial
General Liability Conditions:
This insurance is excess over:
Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional
insured, in which the additional insured on our policy is also covered as an additional insured on another policy
providing coverage for the same "occurrence ", offense, claim or "suit'. This provision does not apply to any
policy in which the additional insured is a Named Insured on such other policy and where our policy is required by
a written contract or written agreement to provide coverage to the additional insured on a primary and non-
contributory basis.
E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement
showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to
that identified additional insured.
F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to
Section 111— Limits Of Insurance:
The most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or
2. Available under the applicable Limits of Insurance shown in the Declarations,
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
All other terms and conditions of this policy remain unchanged.
u -GL- 1175 -F cw(04i13)
Page 2 of 2
Includes copyrighted material of Insurance Services Office, Inc, with its peunission.
PROPOSAL
Policy #GLA016594100
Waiver Of Subrogation (Blanket) Endorsement
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition:
If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from
others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to
any other operations in which the insured has no contractual interest.
UAL -925 -B CW (12/01)
Page I of I
PROPOSAL
C. Fellow Employee Coverage
The Fellow Employee Exclusion contained in Section II p Covered Autos Liability Coverage does not apply.
D. Driver Safety Program Liability and Physical Damage Coverage
1. The following is added to the Racing Exclusion in Section II p Covered Autos Liability Coverage:
This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not
limited to, auto or truck rodeos and other auto or truck agility demonstrations.
2. The following is added to Paragraph 2, in the Exclusions of Section III p Physical Damage Coverage of the
Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV p Physical Damage
Coverage of the Motor Carrier Coverage Form:
This exclusion does not apply to covered "autos' participating in a driver safety program event, such as, but not
limited to, auto or truck rodeos and other auto or truck agility demonstrations.
E. Lease or Loan Gap Coverage
The following is added to the Coverage Provision of the Physical Damage Coverage Section:
Lease Or Loan Gap Coverage
In the event of a total 'loss" to a covered "auto ", we will pay any unpaid amount due on the lease or loan for a covered
auto ", less:
a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and
b. Any:
1) Overdue lease or loan payments at the time of the 'loss ";
2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage;
3) Security deposits not returned by the lessor;
4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the
loan or lease; and
5) Carry -over balances from previous leases or loans.
F. Towing and Labor
Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following:
We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is
disabled. However, the labor must be performed at the place of disablement.
G. Extended Glass Coverage
The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section:
If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and
is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass
repaired rather than replaced.
H. Hired Auto Physical Damage p Increased Loss of Use Expenses
The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the
following:
Loss Of Use Expenses
For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for
loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We
will pay for loss of use expenses if caused by:
U- CA424 -F CW (04 -14)
Page 2 of 6
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered
auto";
2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided
for any covered "auto", or
3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto ".
However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000.
I. Personal Effects Coverage
The following is added to the Coverage Provision of the Physical Damage Coverage Section:
Personal Effects Coverage
a. We will pay up to $750 for loss" to personal effects which are:
1) Personal property owned by an "insured" and
2) In or on a covered "auto'.
b. Subject to Paragraph a. above, the amount to be paid for loss" to personal effects will be based on the lesser of:
1) The reasonable cost to replace; or
2) The actual cash value.
c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered
auto". No deductible applies to this coverage. However, we will not pay for loss" to personal effects of any of
the following:
1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other
documents of value.
2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches,
precious or semi - precious stones.
3) Paintings, statuary and other works of art.
4) Contraband or property in the course of illegal transportation or trade.
5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment.
Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss'.
J. Tapes; Records and Discs Coverage
1. The Exclusion in Paragraph B.4.a. of Section III p Physical Damage Coverage in the Business Auto Coverage
Form and the Exclusion in Paragraph B.2.c. of Section IV p Physical Damage Coverage in the Motor Carrier
Coverage Form does not apply.
2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the
Physical Damage Coverage Section:
We will pay for loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic
equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices:
a) Are the property of an "insured "; and
b) Are in a covered "auto" at the time of "loss'.
The most we will pay for such 'loss" to tapes, records, discs or other similar devices is $500. The Physical
Damage Coverage Deductible Provision does not apply to such loss ".
U- CA 424 -F CW (04 -14)
Page 3 of 6
Includes copyrighted material of Insurance services Office, Inc., with its permission.
K. Airbag Coverage
The Exclusion in Paragraph B.3.a. of Section III p Physical Damage Coverage in the Business Auto Coverage Form
and the Exclusion in Paragraph 13.4.a. of Section IV p Physical Damage Coverage in the Motor Carrier Coverage
Form does not apply to the accidental discharge of an airbag.
L. Two or More Deductibles
The following is added to the Deductible Provision of the Physical Damage Coverage Section:
If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you
by us, the following applies for each covered "auto" on a per vehicle basis:
1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or
2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by
the amount of the smaller (or smallest) deductible.
M. Physical Damage p Comprehensive Coverage p Deductible
The following is added to the Deductible Provision of the Physical Damage Coverage Section:
Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to
Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations,
whichever is greater.
N. Temporary Substitute Autos p Physical Damage
1. The following is added to Section I p Covered Autos:
Temporary Substitute Autos p Physical Damage
If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos ", the following
types of vehicles are also covered "autos" for Physical Damage Coverage:
Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered
auto" you do own but is out of service because of its:
1. Breakdown;
2. Repair;
3. Servicing;
4. "Loss"; or
5. Destruction.
2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section:
Temporary Substitute Autos p Physical Damage
We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or
omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other
party.
The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it
replaces.
O. Amended Duties In The Event Of Accident, Claim, Suit Or Loss
Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following:
a. In the event of "accident ", claim, "suit" or "loss ", you must give us or our authorized representative prompt notice
of the "accident ", claim, "suit" or "loss ". However, these duties only apply when the "accident ", claim, "suit" or
loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited
liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any
U -CA -424 -F CW (0414)
Page 4 of fi
Includes copyrighted material of Insurance services office, Inc., with its pennission.
agent, servant or employee of the "insured" to notify us of any "accident ", claim, "suit" or "loss" shall not invalidate
the insurance afforded by this policy.
Include, as soon as practicable:
1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written
notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"
2) The "1gvxingW' name and address; and
3) To the extent possible, the names and addresses of any injured persons and witnesses.
If you report an "accident ", claim, "suit" or "loss" to another insurer when you should have reported to us, your
failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon
as practicable after the fact of the delay becomes known to you.
P. Waiver of Transfer Of Rights Of Recovery Against Others To Us
The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition:
This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or
loss ", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only
applies to the person or organization designated in the contract.
Q. Employee Hired Autos p Physical Damage
Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other
Insurance p Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced
by the following:
For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own:
1) Any covered "auto" you lease, hire, rent or borrow; and
2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or
elected or appointed official with your permission while being operated within the course and scope of that
employee's" employment by you or that hdlfuhg ssri*gWbf)3mvtgxaiv#3v#hvshf l*ectjdvkgvk #Irx.
However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ".
R. Unintentional Failure to Disclose Hazards
The following is added to the Concealment, Misrepresentation Or Fraud Condition:
However, we will not deny coverage under this Coverage Form if you unintentionally:
1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or
2) Make an error, omission, improper description of "autos" or other misstatement of information.
You must notify us as soon as possible after the discovery of any hazards or any other information that was not
provided to us prior to the acceptance of this policy.
S. Hired Auto p World Wide Coverage
Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following:
5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less,
T. Bodily Injury Redefined
The definition of "bodily injury" in the Definitions Section is replaced by the following:
Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish,
resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease.
U -CA -424 -F CW (04-14)
Page 5 of 6
Includes copyrighted material of Insurance services Office, Inc., with its permission
U. Expected Or Intended Injury
The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II p Covered Auto Liability
Coverage is replaced by the following:
Expected Or Intended Injury
Bodily injury" or "property damage" expected or intended from the standpoint of the "insured ". This exclusion does
not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or
property.
V. Physical Damage p Additional Temporary Transportation Expense Coverage
Paragraph A.4.a. of Section III p Physical Damage Coverage is replaced by the following:
4. Coverage Extensions
a. Transportation Expenses
We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you
because of the total theft of a covered "auto" of the private passenger type. We will pay only for those
covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will
pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and
ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its
loss ".
W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto
The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section:
In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or
auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost
of the replacement "auto ", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a
maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative
fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease
agreement.
To qualify as a hybrid "auto ", the "auto" must be powered by a conventional gasoline engine and another source of
propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas,
either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be
powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by
biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source.
X. Return of Stolen Automobile
The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section:
IWgryhLhgikixvrft+tN <hgMggtthfxyhing/1fz h#k h*d (ibkhitfive& gvsrudirr wn.g4kh4filxv g to you. We will pay
rgagrL#krvhtlEryhthg4t3Lx U4Ltick2EkMrxtfdu>IihlkhLtPrp sdikhgv4di* iiJshflhgiFdxvhvikilorvvWryhWjhl
All other terms, conditions, provisions and exclusions of this policy remain the same.
U- CA -424 -F CW (04 -14)
Page 6 of 6
Includes copyrighted material of Insurance Services Office, Inc , with its permission
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON
In the Matter of Waiver of Public Bid Requirements)
for Emergency Clean -up and Repairs from Slide
on Kalama River Road at or near MP 9.7 ) RESOLUTION NO.
WHEREAS, Cowlitz County Department of Public Works maintains Kalama River Road as a county
roadway; and
WHEREAS, due to unusually heavy precipitation amount since the beginning of 2017 the earthen
and rock banks above the Kalama River Road to become destabilized; and
WHEREAS, on April 10, 2017, an unforeseen slide brought mud and rock once again onto Kalama
River Road, at or near MP 9.7, making it impossible to keep the road open and safe for travel; and
WHEREAS, persons and property are threatened with injury and damage unless the County
cleans -up and repairs the road to address such threats to life and property by expedited means; and
WHEREAS, more precipitation has been forecast during the first half of April, and such threats to
persons and property will be continuing and require immediate remedial action by the County; and
WHEREAS, there are sufficient public funds available to pay for said clean -up and repairs.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Cowlitz County,
Washington, that an emergency exists, pursuant to RCW 36.32.270 and RCW 39.04.280; and
BE IT FURTHER RESOLVED, that the bidding and posting requirements of RCW 36.32.245 and
RCW 39.04 are waived and the Department of Public Works was thereby authorized to proceed with
the clean -up and repairs to allow the road to be safely re- opened. A copy of this Resolution will be filed
with the County Auditor
DATED this if 4 day of April, 2017.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF COWLITZ COUNTY, WASHINGTON
Joe Gardner, Chairman
Dennis P. Weber, Commissioner
r'
Tiffa y streim Arne Mortensen, Commissioner
Clerk of the Board