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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