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HomeMy WebLinkAboutPK08-082 - Original - Goodbye Graffiti, Inc. - Arbor Heights 360 Graffiti Removal - 03/21/2008 kdvt'l'Records Managern'O' n' ' r. F KENT , ` Document W A 5 II I N G T O N ° 4 JN. 5. 'Y CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact Mary Simmons, City Clerks Office. Vendor Name. GtoJ A- Contract Number: �D�" O8� This is tassIgnse i by AAnnt IUrnry e%ne IIIIJ Is VJ./Iy11VV M' IIV I' VIII IIIIVIIJ Vendor Number: i Project Name: Contract Effective Date: ✓ —2�— Contract Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Department: ` �S Abstract: ADCL7832 07/02 11� KENT GOODS & SERVICES AGREEMENT between the City of Kent and Goodbye Graffiti, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Goodbye Graffiti, Inc. organized under the laws of the State of Washington, located and doing business at 1115 South alker St, Seattle, WA 98134; 206-720-4777 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials nd/or perform the following services for the City: Removal of graffiti in the skate board area to include the de p bowl, large bowl and full pipe up to arms reach, as well as the climbing rocks (up o 10 feet) and comfort station. Services also include: 4 patrols per month, all gr ffiti removal up to 10 feet from ground level, digital pictures of all graffiti, online service summary, spectrometer paint matching, unlimited on-call, street equip ent, 36 hour response time and GIS and satellite radio dispatch at Arbor Heights 3 0 in Kent, Washington as described in the vendors proposal dated February 1 2008 attached and incorporated as Exhibit A. Vendor acknowledges and understands that it is not the City`5 exclusive provider of these goods, materials, or services and that the City maintains its unq 'alified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of t is Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2008, III. COMPENSATION. The City shall pay the Vendor an mount not to exceed Four Thousand Four Hundred Ninety Dollars ($4,490.00), including pplicable Washington State Sales Tax, for the goods, materials, and services contemplated in thi Agreement. The City shall pay the Vendor the following amounts according to the following sch9dule: GOODS & SERVICES AGREEMENT - 1 (Under $10,000.00, Including WSST) $449.00 plus applicable Washington State Sales Tax per month for 10 months beginning March 1, 2008 through December 31, 2008 not to exceed $4,490.00. Will submit quarterly invoices for payments. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may' obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other"party thirty (30) days written 'notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit GOODS & SERVICES AGREEMENT - 2 (Under$10,000.00, including WSST) subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the mended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall cons itute full payment and final settlement of all claims for contract time and for direct, indir ct and consequential costs, including costs of delays related to any work, either covered or aff cted by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, includi g any direction, instruction, interpretation, or determination by the City, the Vendor may fil a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damage, additional payment for any reason, or extension of time, whether under this Agreement or otlerwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include 'he information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of clam that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a sch dule change or disruption. B. Records. The Vendor shall keep complete records of xtra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evalu ting the protest,. The City will evaluate all claims, provided the pr cedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. GOODS & SERVICES AGREEMENT - 3 (Under$10,000.00, Including WSST) D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY GOODS & SERVICES AGREEMENT - 4 (Under $10,000.00, including WSST) UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY F R THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and mai tain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Ven or shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all rotection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of he Kent City Code, the City requires its contractors and consultants to use recycled and r cyclable products whenever practicable. A price preference may be available for any designate recycled product. B. Non-Waiver of Breach. The failure of the City to insi t upon strict performance of any of the covenants and agreements contained in this Agreeme t, or to exercise any option conferred by this Agreement in one or more instances shall not b construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washing on. If the parties are unable to settle any dispute, difference or claim arising from the arties' performance of this Agreement, the exclusive means of resolving that dispute, differe ce or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of th King County Superior Court, King County, Washington, unless the parties agree in writing to an lalternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's ees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deem d sufficiently given if sent to the addressee at the address stated in this Agreement or sucf� other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. GOODS & SERVICES AGREEMENT - 5 (Under$10,000.00, including WSST) F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: I I I By: -, By: ff ` (sign ) (signature) Print Name: LJ�/ ar��s 5.4� Print Name: Jeff Watling Its: �0,,A/14 ony Its: Parks Department Director j (Title) 2 (Title) DATE: 3 3-��( DATE: 7 Zl 08 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Laurie Rasmussen Quientin Poil Goodbye Graffiti City of Kent 1115 S Walker St 220 Fourth Avenue South Seattle, WA 98134 Kent, WA 98032 206-720-4777 (telephone) (253) 856-5127 (telephone) 206-328-7029 (facsimile) (253) 856-6120 (facsimile) Arbor Heights/East Hill Skate Park-Goodbye Graffiti GOODS & SERVICES AGREEMENT - 6 (Under$10,000.00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTU ITY POLICY The City of Kent is committed to conform to Federal and State law regarding equal opportunity. As such all contractors, subcontractors and suppliers who perfo m work with relation to this Agreement shall comply with the regulations of the City's e ual employment opportunity policies. The following questions specifically identify the requirements the ity deems necessary for any contractor, subcontractor or supplier on this specific Agreement o adhere to. An affirmative response is required on all of the following questions for this Agre ment to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents hemselves with regard to the directives outlines, it will be considered a breach of contract an it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of al sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will rovide a written statement to all new employees and subcontractors indicating commitm nt as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, wi I actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with t e requirements as set forth above. By signing below, I agree to fulfill the/five requirements referenced bove. Dated this 3 day of kr4 , 2008. By: r L For: �� J �v tl ( lAC Title: Date: ^� EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIAN E STATEMENT This form shall be filled out AFTER COMPLETION of this project y the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-rnenti ned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I repre ent and the City of Kent. I declare that I complied fully with all of the requirements and obli ations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent E ual Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 Gopdbye Graffiti Inc. - Clickoff"" Proposal #77898907 Page I of 2 IickoffTM Proi One Click & Goodbye Graf f ito Th1 Goodbye Graffiti Seattle (ESTIMATE) REP DATE TERMS P 1115 South Walker Street Seattle, WA kLAURIE Rd 4/26/2007 Net 15 Days United States 98134 Tel 1 (206) 720-4777 Fax. 1 (206)328-7029 E-mail Irasmussen@goodbyegraffiti com Web- http//www goodbyegraffiti com NAME/ADDRESS City of Kent Attn Qwentin Pod LOCATION POST/ Tel 1 (253)856-5127 Arbor Heights 360 Fax 1 (253)856-6120 SE 740th/116th Ave SE E-mail Qpod aci kept wa us Kent,WA ITEM IMAGES DESCRIPTION CITY RATE Re Ever-Clean Program Proposal Overview Of Area To Be A,B,C, Skate board area includes the deep bowl,large bowl and full pipe up to armsV 1 00 0 0( Taken Care Of D,E, F, reach G Overview Of Area To Be H,I,J Includes climbing rocks(up tp 10 feet)and comfort station 1 00 0 0( Taken Care Of Enrolling this building in the Ever-Clean program will save 20.0 %off this cleanup-or$0.00 off the total Th would be only$0.00 Ever-Clean includes • 4 patrols per month • all graffiti removal up to 10 feet from ground level • digital pictures of all graffiti • online service summary • spectrometer paint matching • unlimited on-call • street equipment included • 36 hour response time • GIS and satellite radio dispatch • one-time setup fee($69 00) • quarterly billing http://clickoff.goodbyegraffiiti.com/pub/view_estimate.php3?key=b 70ecf6c7cb&... 2/19/2008 Goodbye Graffiti Inc. - Clickoff"' Proposal #77898907 Page 2 of 2 Ever-Clean Rate: 449.00 per month A 30 day cancellation notice is required for all Ever-Clean contracts NOTE To include the climbing rock area up to 1011\'from the ground and comfort station would be$139/mon Business Number: 91218 2562 SUBTOTAL NOTE:Click thumbnails to enlarge images to full-screen size A B C D E 7t a s- F '�. G H I J The Ever-Clean Program is a zero tolerance graffiti program It is designed to allow you to keep your building g with little or no effort on your part The flat monthly fee is all-Inclusive of the features listed on this proposal We � to your site every day if that is what it takes to win this war The cost of this program is very low due to the fact w over thousands of buildings on this program across North America You will notice a savings on the initial clean—i to offset the costs of the annual program We Get it Off& Keep it Off", with Ever-Clean Ever-Clean Discount TOTAL Additional Graffiti Disclaimer:Any graffiti found on the site that is not listed on this estimate could be billed as additional on the invoic ACCEPT with EVER-CLEAN ACCEPT CLEAN-UP ONLY DECLINE PLEASE CALL ME 7] with more details I WEBSITE LINK http://clickoff.goodbyegraffiti.com/pub/view_esti mate.php3?key=bb70ecf6c7cb&... 2/19/2008 Mar, 13. 2008-- 4,02PM---Griffth Insurance 1P P, 2/4 � AC-ORD. CERTIFICATE OF LIABILITY INSURAN E OP C ID ID All DATE(MMlboIYYYY) 03 12 as PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS 0 RIGHTS UPON THE CERTIFICATE Griffith Insurance Group, Inc. HOLDER,THIS CAW ME DOES NOT AMEND,EXTEND OR 3841 Aurora Ave N Suite 100 ALTER THE COVERAG AFFORDED BY THE POLICIES BELOW. Seattle WA 98103 Phone:206-632-1433 Fax:206-632-0878 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: AmarSCnn sia s Yneucanoe Co. INSURER B: Clean Streets Inc. INSURER C: Good Bye G afiti 1115 3 Wal r St INSURERO' Seattle WA 8134-1721 INSURER E; COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IN DICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFH ATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSION ANO CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS, LTR NaR TYPE OF INSURANCE POLICY NUMBER DATE AT20" GATEPOUCY MIEXPD I LIMITS GENERAL LLARIWY EACH OCCURRENCE $1000000 A X COMMERCVLLGENERALLIABILITY 01CGO8833730 09/01/07 09/01 08 PREMISE Eaocourence) $200000 CLAIMS MADE lil OCCUR MEO EXP(Any one person) $10000 X WA Stop Gap PERSONAL&ADV INJURY $1000000 GENERAL AGGREGATE S 2000000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $,2 000000 x POLICY 7 imma LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea woldenu $ ALL OWNED AUTOS BODILY INJURY (Perpereon) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per emident) $ NDNAWNED AUTOS PROPERTY DAMAGE $ (PIV ecddent) GARAGE LIABILITY AUTO ONLY-EAACCIDENT $ ANYAUTO OTHER THAN EAACC S AUTO ONLY: AGO $ EXCESSIUMBRELLALIABILJTY EACH OCCURRENCE $1 000 000 A X OCCUR F7CLAWSMADS 01XS14387030 09/01/07 09/01 08 AGGREGATE 31,000,000 $ DEDUCTIBLE S RETENTION $ WC STATU- $ WORKERS COMPENSATION AND TORY LIMITS EMPLOYERS'LIABILITY E L EACH ACCIDENT $ ANY PROPRIETORIPARTNERIEXECUTWE OFFICER/MEMBEREXCLUDED? E.LDISEASE-EAEMPLOYEE S If yes,describe under E.L.DISEASE-POLICY LIMIT S SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLE I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The City of Rent is listed as an additional insured as pertains to the work and services performed by the named insured only per form CO 76 80 10 02. CERTIFICATE HOLDER CANCELLATION `.ITYKNT SHOULD ANY OF THE ABOVE OpWRI50 POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING NSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE JOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City of Kent IMPOSE NO OBLIGATION OR Ll ABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 220 4th Ave S Kent WA 98032 REPREBENTATIVFb gyi'1'ItyRPr R TAr ACORD 25(2001108) /`�/ OACORD CORPORATION 1988 Mar, 13, 2008— 4;02PM-- Griffth Insurance No, 1918`P. 3/4 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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) DISCLAIMER I The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. i I E I� i I i ACORD 25(2001/08) Mar, 13. 2008 4:03PM G r i f f t h Insurance No, 1918 P. 4/4 REPRINTEDFROM7MC FOAMSLINARY'"' s i Insurance CG 76 80 10 02 e THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Kent 220 4th Ave S Kent, WA 98032 (If no entry appears above,information required to complete this endorseme t will be shown in the Declarations as applicable to this endorsement) SECTION II , WHO IS AN INSURED is amended you. Coverage sh I be limited to the extent of your to include as an additional insured the person or negligence or fault according to the applicable pdnci- organization shown in the Schedule subject to the pies of comparativ fault. following provisions: 1. The additional insured is an insured but only for The insurance provided will not exceed the lesser,of: liability directly resulting from: a. The coye age and/or limits of this policy,or a. your ongoing operations for the additional in- b. The cove ga and/or limits required by the sured whether the work is performed by you contract, i Lgreement or permit. or for you; or With respect to the insurance afforded the additional b. the general supervision of your ongoing op- insured, paragraph 4. of SECTION IV — COMMER- orations by this additional insured. CIAL GENERAL LIABILITY CONDITIONS is de- l. This insurance does not apply to. leted and replaced by the following: a. "Bodily injury" or "property damage"arising 4. Other Insurance out of any act or omission of, or for defects a. This insu is primary and noncontrib' in design furnished by or for, the additional utory, and ur obligations are not affected by insured or any other nsurance where the additional in- b. `bodily injury" or 'property damage" in- sured is 6 Named insured, whether pd- cluded within the "products-completed oper- Mary, ex ss, contingent, or on any other ations hazard." basis; however, the defense of any claim or 'quit" must be tendered as soon as practi- A person's or organization's status as an additional cable to all other insurers which potentially insured under this endorsement ends when your op- provide insurance for such claim or "suit". erations for that insured are completed. b. This additional provision applies only to the additional nsured shown in the Schedule No Coverage will be provided if, in the absence of this and the co terage provided by this endorse- endorsement, no liability would be imposed by law on ment. CQ 76 QO 11} 02 Safeco and me Safeco log are regWered tradeftft of Saleeo Corporation EP � r EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the greement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Co tractor, their agents, representatives,employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liabilitv insurance covering all o ed, non-owned, hired and leased vehicles. Coverage shall be written n Insurance Services Office (ISO)form CA 00 01 or a substitute fo providing equivalent liability coverage. If necessary,the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall b written on ISO occurrence form CG 00 01 and shall cover liabi ity arising from premises, operations, independent contractors, roducts-completed operations,personal injury and advertising injur , and liability assumed under an insured contract. The Comm cial General Liability insurance shall be endorsed to provide the Aggr gate Per Project Endorsement ISO form CG 25 03 11 85. The it shall be named as an insured under the Contractor's Commercial eneral Liability insurance policy with respect to the work perfo ed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,00 ,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,00 general aggregate and a$2,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued ) C. Other Insurance Provisions The insurance policies are to contain,or be endorsed to contain,the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance,or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor.