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HomeMy WebLinkAboutPK09-212 - Original - Evergreen Asphalt & Concrete, Inc. - Pressure Wash Wet Hill Skate Park - 06/08/2009 Records M eme m;® Z�KE4T Document WASHINGTON is r„ TM 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 City Clerk's Office. Vendor Name: Ey-e ✓,� Vendor Number: ID Edwards Number Contract Number: -PK09-al This is assigned by f��Ciity Clllerk's1 Office I , 1 1 Project Name: W es l t( �\ ��t PoL ✓� Presjk v� WC�S h Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment VContract ❑ Other: (y Contract Effective Date: Termination Date ' 0 Z Contract Renewal Notice (Days): �— Number of days required notice for termination or renewal or amendment Contract Manager: lqn, , Department: Detail: (i.e. address, location, parcel number, tax id, etc.): S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KEN T WASMINGTGN GOODS & SERVICES AGREEMENT between the City of Kent and Evergreen Asphalt & Concrete THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Evergreen Asphalt & Concrete organized under the laws of the State of Washington, located and doing business at PO Box 1567 Kent, WA 98035 Phone & Fax: 253-639-3779 (hereinafter the "Vendor"). AGREEMENT 4 1 I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: Pressure wash interior skate bowl at the West Hill Skate Park in Kent, Washington as described in the vendor's proposal dated May 29, 2009 attached and incorporated as Exhibit A. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by June 18. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Thousand Three Hundred Fifty Dollars ($1,350.00), plus applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS & SERVICES AGREEMENT - 1 (Under$10,000.00, including WSST) Vendor shall submit final invoice in which the City will pay from. 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. VENDOR'S ACCEPTANCE 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. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. 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. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required GOODS & SERVICES AGREEMENT - 2 (Under$10,000.00, Including WSST) by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. 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 subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended 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 constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected 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, including any direction, instruction, interpretation, or determination by the City, the Vendor may file 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 damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, 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 the 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. GOODS & SERVICES AGREEMENT - 3 (Under$10,000.00, including WSST) A. Notice of Claim. Provide a signed written notice of claim 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 schedule change or disruption. B. Records. The Vendor shall keep complete records of extra 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 evaluating the protest. The City will evaluate all claims, provided the procedures 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. 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. GOODS & SERVICES AGREEMENT - 4 (Under$10,000,00, includmg WSST) 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. r � 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 UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR 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 maintain 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. Vendor 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 protection 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 the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be 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. GOODS & SERVICES AGREEMENT - 5 (Under$10,000.00, including WSST) C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative 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 fees incurred in defending or bringing such claim or lawsuit, including all appeals, 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 deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be + hereafter specified in writing. 0 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. 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. GOODS &SERVICES AGREEMENT - 6 (Under$10,000.00, including WSST) I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: b Dv o�, 1-�JT_.t_a_r�c_� By: -Ir(signature) (signature) Print Name:�Kellp I C�1 lbP�f h Pri t Na e: Jeff Watling Its: Its. Parks Director (title) �y DATE: 0 "3'-0 I DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Shane Gilbertson Scott Swanson Evergreen Asphalt & Concrete City of Kent PO Box 1567 220 Fourth Avenue South Kent, WA 98035 Kent, WA 98032 253-639-3779 (telephone) (253) 856-5125 (telephone) 253-639-3779 (facsimile) (253) 856-6050 (facsimile) West Mill Skate Park-Pressure Washing GOODS & SERVICES AGREEMENT - 7 (Under $10,000.00, Including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; A y 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 all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will 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 the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of J(V7e, 12009. By: For: e Title: Date: 09 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 COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the_ (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 2009. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 �t�b,��r...-r^--�. Q• finttctete,Izic. PROPOSAL Date Proposal# PA. Boa 1567 Dent,WA 98035-1567 05/292009 2921 PhiTax- 253-639-3779 9�r& PROPOSAL SUBMITTED TO. Ctty of Kent Attn.Scott Swenson 5821 South 240th Kent,WA 98032 TERMS SUBMITTE._ JOB ADDRESS Due on receipt DEV Wect Plill Skate Park Rate Total Oescrlption Qty West Fill Skate Park Pressure washing; 1.3$0.00 1,350.00T I Pressure wash interior skate bowl only. Water supplied by owner. Park to be closed for 1 day during pressure washing t i ACCEPTANCE OFPROPOSN:, Sales Tax (9.5%) S128.25 The above prices.spccificationg and conditions are satisfactory and are herby accepted_ You arc authorized io do the work Rs specified. Payment is due within 30 d3yc of completion of Total work 1 51/0 PER MONTH SFRVTCE CHARGE ON ALL PAST DUE ACCOUNTS. IN $1.479,25 THE EVENT LEGAL ACTION IS TAKEN TO COLLECT ANY AMOUNTS DUE,YOU AGREE TO PAY ALL LEGAL f"I:ES&EXPENSES THIS QUOTAT?ON IS ONLYSignature VALID FOR T-TTRTY(30)TRAYS E-mail: Web Site: Evergreen acn7comcastnet rwergreenaepheltcorn EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, 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 Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 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 $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. r 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 A:VII. 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. .te : 6/4/2009 Time : 4 :45 PM To : IS 12538566050 Be: .nderson Agency Page• 002 E (�t Client#:38262 EVERASP ACOR& CERTIFICATE OF LIABILITY INSURANCE 0DATE 6104109Orvrrvl PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bell-Anderson Ins -Kent C/L ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P O. Box 887 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 724 West Smith St. Kent,WA 98035-0887 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Continental Western Insurance Co. Evergreen Asphalt&Concrete, Inc. INSURER B P.O. Box 1567 INSURER C Kent,WA 98035 INsDRER D INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS R POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER y LIMITS A GENERAL LIABILITY CNP2759716 05/03/09 05103/10 EACH OCCURRENCE $1 OOO OOO X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $300 OOO CLAIMS MADE O OCCUR MED EXP(Any one person) $1 O 000 X PD Ded:500 PERSONAL&ADV INJURY $1 OOO OOO GENERAL AGGREGATE $2 000 000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG s2,000,000 POLICY PRO- LOC JECT A AUTOMOBILE LIABILITY CNP2759716 05103/09 05/03/10 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per sodden) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESSfUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ❑CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND CNP2759716 05/03109 0Sl03/10 WC STATr OFIR TH- A EMPLOYERS'LIABILITY ANY PROPRIETOR/PTOR/PARTNER/EXECUTIVE WA Stop Gap E L EACH ACCIDENT $1 000 000 OFFICER/MEMBER EXCLUDED? EL DISEASE-EA EMPLOYEE $1 OOO DOO If yes,describe under SPECIAL PROVISIONS below E L DISEASE-POLICY LIMIT $1 OOO 000 07HER DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES I EXCLUSIONSADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE:West Hill Skate Park Pressure Wash The certificate holder is additional insured for general liability, but only If required by written contract or written agreement perthe attached endorsement CLCGO020(03/07). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent Parks Department DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 'In DAYS WRITTEN c/o Tony Donati NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 220 4th Avenue S IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR Kent,WA 98035 REPRESENTATIVES AUTHORIZED REPRESENTATIVE ACORD 25(2001/08)1 of 2 #S223563/M218369 PTR3 a ACORD CORPORATION 1988 6/4/2009 Time: 4 : 45 PM To: (9 12538566050 Be erson Agency Page: 003 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 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 I i LCORD 25S(2001108) 2 of 2 #8223563/M218369 te : 6!4/2009 Time : 4 :45 PM To : @ 12538566050 Be .nderson Agency Page: 004 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. MEDICAL PAYMENTS (b) That is Fire, Lightning, Explosion or If SECTION I — COVERAGE C MEDICAL PAY- Sprinkler Leakage insurance for prem- isescu- MENTS is not otherwise excluded from this pi rented to you or temporarily Coverage Part: pied by you with the permission off the the owner, 1. The Medical Expense Limit provided by this 4. Paragraph 9.a. of SECTION V — DEFINI- policy, subject to the terms of SECTION III - TIONS is deleted and replaced by the follow- LIMITS OF INSURANCE, shall be the ing greater of a. $10,000, or a. A contract for a lease of premises. However, that portion of the contract for b. The Medical Expense Limit shown in the a lease of premises that indemnities any Declarations of this Coverage Part person or organization for damage by B. FIRE, LIGHTNING, EXPLOSION, SMOKE AND fire, lightning, explosion or sprinkler SPRINKLER LEAKAGE DAMAGE TO PREM- leakage to premises while rented to you or i occupied by you with ISES YOU RENT permissionmission of theowner Is not an "In- If damage to premises rented to you under Cov- sured contract', erage A. is not otherwise excluded from this pol- C. NON-OWNED WATERCRAFT icy, the following applies. 1. The last pparagraph of SECTION I — COW 1. Paragraph g.(2) of SECTION I — COVER- ERAGE A.2. Exclusions is deleted and re- AGE A.2. Exclusions is deleted and re- placed by the following placed by the following Exclusions c. through n. do not apply to A watercraft you do not own that is, damage by fire, lightning, explosion or sprin- (a) Less than 51 feet long; and kler leakage to premises while rented to your or temporarily occupied by you with permis- (b) Not used to carry persons or property for sion of the owner A separate limit of insur- a charge ante applies to this coverage as described D. SUPPLEMENTARY PAYMENTS in SECTION III—LIMITS OF INSURANCE SECTION I — SUPPLEMENTARY PAYMENTS 2. Paragraph 6. of SECTION III — LIMITS OF — COVERAGES A AND B is amended as fol- INSURANCE is deleted and replaced by the lows following: 1. The limit of insurance in paragraph i.b. is 6. Subject to 5.above,the greater of. increased from $250 to$2,500, and a. $300,000, or 2. The limit of insurance in paragraph 1.d. is b. the Damage To Premises Rented increased from $250 to$500 To You Limit shown in the Declara- E. AUTOMATIC ADDITIONAL INSURED — lions, SPECIFIED RELATIONSHIPS is the most we will pay under COVER- The following is added to Paragraph 2. of SEC- AGE A for damages because of "prop- TION II -WHO IS AN INSURED erty damage"to any one premises, while rented to you, or temporarily occupied by e. Any person or organization described in you with the permission of the owner paragraph f. below, whom you and such arising out of any one fire, lightning, ex- person or organization have agreed in writ- plosion or sprinkler leakage incident. ing in a contract or agreement that such per- son or organization be added as an addi- 3. Paragraph 4.b.(1)(b) Other Insurance of tional insured on your policy. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and re- placed by the following. CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 1 of 6 Office, Inc,wth its permission 6/4/2009 Time: 4 : 45 PM To : a 12538566050 Be* erson Agency Page: 005 Such person or organization is an insured (c) The ownership, maintenance, or use provided. of any elevators (1) The written or oral contract or agree- F. ADDITIONAL INSURED —OWNERS, LESSEES ment is OR CONTRACTORS—AUTOMATIC STATUS (a) Currently in effect or becomes effec- 1. SECTION II — WHO IS AN INSURED is tive during the policy period; and amended to Include as an additional Insured any person or organization for whom you are (b) Executed prior to an "occurrence" or offense to which this insurance performing operations when you and such would apply person or organization have agreed in writ- ing in a contract or agreement that such per- (2) They are not specifically designated as son or organization be added as an addi- an additional insured under any other tional insured on your policy Such person or provision of, or endorsement added to, organization is an additional insured only this policy with respect to liability for "bodily Injury", f. Only the following persons or organizations "property damage" or "personal and adver- are additional insureds under this endorse- using Injury"caused, in whole or in part, by ment, and coverage provided to such adds- a. Your acts or omissions;or tional insureds is limited as provided herein b. The acts or omissions of those acting on (1) The manager or lessor of a premise your behalf, leased to you, but only with respect to h- ability arising from the ownership, main- in the performance of your ongoing opera- tenance or use of that part of the prem- lions for the additional insured ises leased to you and subject to the fol- A person's or organization's status as an ad- lowing additional exclusions- ditional Insured under this policy ends when This insurance does not apply to: your operations for that additional insured (a) Any "occurrence" which takes place are completed. after you cease to be a tenant of that 2. With respect to the insurance afforded to premises these additional insureds, the following addi- (b) Structural alterations, new construc- tional exclusions apply tion or demolition operations per- This insurance does not apply to: formed by or on behalf of the man- a, "Bodily injury", "property damage" or ager or lessor .personal and advertising injury" arising (2) Any person or organization from whom out of the rendering of, or the failure to you lease equipment, but only with re- render, any professional architectural, spect to liability for "bodily injury", "prop- engineering or surveying services, in- erty damage' or "personal and advertis- cluding. ing injury" caused, in whole or in part, by your maintenance, operation or use of (1) The preparing, approving, or fading to prepare or equipment leased to you by such per- son(s) or organization(s). drawings, opinions, reports, surveys, approve, maps, shop field orders, change orders or draw- However, this insurance does not apply ings and specifications, or to any "occurrence" which takes place Su p after the equipment lease expires. (2) Supervisory,y, inspection, architec- (3) Any state or political subdivision, subject tural or engineering activities to the following additional provision. b. "Bodily injury" or "property damage" This insurance applies only with respect occurring after. to the following hazards for which the (1) All work, including materials, parts state or political subdivision has issued a or equipment furnished in connec- permit in connection with premises you tion with such work, on the project own, rent, or control and to which this in- (other than service, maintenance or surance applies: repairs) to be performed by or on (a) The existence, maintenance, repair, b e local onhalf ofe ofdthe coveeditionaleopera- construction, erection, or removal of tions has been completed,or advertising signs, awnings, cano- pies, cellar entrances, coal holes, (2) That portion of "your work" out of driveways, manholes, marquees, which the injury or damage arises hoist away openings, sidewalk has been put to its intended use by vaults, street banners, or decora- any person or organization other tions and similar exposures;or than another contractor or subcon- (b) The construction, erection, or re- tractor engaged in performing op- (b) of elevators, or erations for a principal as a part of the same project. CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 2 of 6 Office, Inc,with its permission te: 6/4/2009 Time: 4 : 45 PM To : @ 12538566050 Bel: nderson Agency Page : 006 3>100D auaznS aokvW 3. The insurance provided by this endorsement c. We may pay any part or all of the de- is primary insurance and we will not seek ductible amount to effect settlement of contribution under any insurance policy un- any claim or suit and, upon notification der which such additional insured is a of the action taken; you shall promptly named insured, if such policy was procured reimburse us for such part of the de- g and paid for by such additional insured, or a ductible amount as we have paid a parent or related entity of such additional in- sured H. BROADENED NAMED INSURED N 4. With respect to the insurance afforded to Paragraph 3. of SECTION II - WHO IS AN IN- these additional insureds, SECTION III — SURED is deleted and replaced by the following. LIMITS OF INSURANCE is amended as fol- Any organization, other than a joint venture, over lows. which you maintain ownership or majority inter- est of more than 50% will be a Named Insured if sured are those specified in the written con- there is no other similar insurance available to tract or agreement or the limits stated in the that organization However Declarations, whichever is less If no limits a. Coverage under this provision is afforded are specified in the written contract or only until the 180th day after you acquire or agreement, the limits applicable to the addi- form the organization or the end of the policy tional insured are those specified in the Dec- period, whichever is earlier. larations The limits of insurance are inclu- b. COVERAGE A does not apply to "bodily in- sive of and not in addition to the limits of in- jury' or"property damage" that occurred be- surance shown in the Declarations. fore you acquired or formed the organiza- G. PROPERTY DAMAGE TO BORROWED tion EQUIPMENT c. COVERAGE B does not apply to "personal 1. Paragraph 2.J. of SECTION I - COVER- and advertising injury" arising out of an of- AGES, COVERAGE A BODILY INJURY fense committed before you acquired or AND PROPERTY DAMAGE LIABILITY is formed the organization. amended as follows. I. CONSTRUCTION PROJECT GENERAL AG- Paragraphs (3) and (4) of this exclusion do GREGATE LIMIT not apply to tools or equipment loaned to 1. For all sums which the insured becomes you, provided they are not being used to per- legally obligated to pay as damages caused form operations at the time of loss. by "occurrences" under COVERAGE A 2. SECTION III — LIMITS OF INSURANCE is (SECTION 1), and for all medical expenses deleted and replaced by the following. caused by accidents under COVERAGE C (SECTION 1), which can be attributed only to The most we will pay in any one "occur- ongoing operations at a single construction rence" for "property damage" to borrowed project away from premises owned by or equipment is $15,000 This limit of insur- rented to the insured, ance is the most we will pay regardless of the number of: a. A Single Construction Project General ch con- a. Insureds; strructionte project ect mit away fromes to premises P 1 Y P b owned by or rented to the insured, and . Claims made or"suits"brought;or that limit is equal to the amount of the c. Persons or organizations making claims General Aggregate Limit shown in the or bringing 'suits". Declarations. 3. Deductible b. The Single Construction Project General ateill pay a. Our obligation to pay damages on behalf forrgthe sumLof the agestundewe ir COV- of the insured applies only to the amount ERAGE A, except damages because of of damages in excess of $250 as appli- "bodily injury' or "property damage" in- cable to "property damage" as the result cluded in the "products-completed op- of any one "occurrence", regardless of erations hazard", and for medical ex- the number of persons or organizations penses under COVERAGE C regardless who sustain damages because of that of the number of "occurrence". b. The terms of this insurance, including (1) Insureds, those with respect to our right and duty (2) Claims made or"suits"brought;or insured against any"suits" (3) Persons or organizations making seeking those damages;and your duties claims or bringing"suits". in the event of an "occurrence', claim, or "suit" apply irrespective of the application "°""'"`"'^ of the deductible amount. I M331 • CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 3 Office, Inc,voth its permission 6/4/2009 Time : 4 : 45 PM To : @ 12538566050 Bell ` erson Agency Page: 007 g)=D gugzns aoAvw c. Any payments made under COVERAGE J. KNOWLEDGE OF OCCURRENCE A for damages or under COVERAGE C The following is added to paragraph 2. Duties In for medical expenses shall reduce the The Event Of Occurrence, Offense, Claim Or Single Construction Project General Ag- Suit of SECTION IV — COMMERCIAL GEN- gregate Limit for that construction pro ject away from premises owned by or ERAL LIABILITY CONDITIONS: rented to the insured. Such payments e. A report of an "occurrence", offense, claim N shall not reduce the General Aggregate or"suit"to* Limit shown in the Declarations nor shall (t) You, if you are an individual, they reduce any other Single Construc- tion Project General Aggregate Limit for (2) A partner, if you are a partnership, any other separate construction project away from premises owned by or rented (3) An executive officer, if you are a to the insured corporation, or d. The limits shown in the Declarations for (4) A manager, if you are a limited liability Each Occurrence, Fire Damage and company; Medical Expense continue to apply is considered knowledge and requires you to However, instead of being subject to the notify us of the "occurrence", offense, claim, General Aggregate Limit shown in the or"suit"as soon as practicable Declarations, such limits will be subject to the applicable Single Construction f. We are considered on notice of an Project General Aggregate Limit "occurrence", offense, claim or "suit" that is 2. For all sums which the insured becomes reported to your Workers' Compensation insurer for an event which later develops into legally obligated to pay as damages caused an "occurrence", offense, claim or "suit" for by "occurrences" under COVERAGE A which there is coverage under this policy. (SECTION 1), and for all medical expenses However, we will only be considered on caused by accidents under COVERAGE C notice if you notify us as soon as you know (SECTION 1), which cannot be attributed the claim should be addressed by this policy only to ongoing operations at a single desig- rather than your Workers' Compensation nated construction project away from prem- policy ises owned by or rented to the insured a. An K. UNINTENTIONAL OMISSIONS y payments made under COVERAGE A for damages or under COVERAGE C The following is added to paragraph 6. Repre- for medical expenses shall reduce the sentations of SECTION IV - COMMERCIAL amount available under the General Ag- GENERAL LIABILITY CONDITIONS: gregate Limit or the Products-Completed d. If you unintentionally fail to disclose any ex- Operations Aggregate Limit, whichever posures existing at the inception date of your G is applicable;and policy, we will not deny coverage under this b. Such payments shall not reduce any Coverage Part solely because of such failure Single Construction Project General Ag- to disclose However, this provision does gregate Limit not affect our right to collect additional pre- mium or exercise our right of cancellation or 3. When coverage for liability arising out of the non-renewal "products-completed operations hazard" is This provision does not apply to any known provided, any payments for damages be- injury or damage which is excluded under cause of "bodily injury" or "property damage" j y ama g any other provision of this policy. included in the "products-completed opera- tions hazard" will reduce the Products- L. MENTAL ANGUISH Completed Operations Aggregate Limit, and raNITIONS is not reduce the General Aggregate Limit nor Para deleted and 3. of SECTION replaced by the ION V following. — DEFI the Single Construction Project General Ag- gregate Limit. 3. "Bodily injury" means bodily injury, sickness 4. If the applicable construction project away or disease sustained by a person. including a from premises owned b or rented t the in-ay mental anguish or death resulting from any sured has been abandoned, delayed, or of these at any time. abandoned and then restarted, or if the au- M. WAIVER OF TRANSFER OF RIGHTS OF RE- i thorized contracting parties deviate from COVERY AGAINST OTHERS plans, blueprints, designs, specifications or paragraph S. Transfer Of Rights Of Recoveryry timetables, the project will sole be deemed to Against Others To Us of SECTION IV— COM- ruction project. MERCIAL GENERAL LIABILITY CONDITIONS 5. The provisions of Limits Of Insurance is amended by the addition of the following: (SECTION 111) not otherwise modified by this °" "S" ^ endorsement shall continue to apply as IM331 stipulated. CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 4 Office,Inc,with its permission te: 6/4/2009 Time: 4 : 45 PM To: @ 12538566050 Bell nderson Agency Page : 008 axooD aii=nS aokvw f We waive any right of recovery we may have be- the premises, site or loca- cause of payments we make for Injury or dam- tion in connection with such —' age arising out of your ongoing operations or operations by such insured, "your work"done under a contract requiring such contractor or subcontractor. waiver with that person or organization and in- Subparagraph (b) does not cluded in the "products-completed operations apply to "bodily injury" or hazard". "property damage" arising However, our rights may only be waived prior to out of heat, smoke or fumes the "occurrence" giving rise to the injury or dam- from a "hostile fire" age for which we make payment under this Cov- erage Part The insured must do nothing after a (2) Any loss, cost or expense arls- loss to impair our rights. At our request, the in- ing out of any. sured will bring "suit" or transfer those rights to (a) Request, demand, order or us and help us enforce those rights statutory or regulatory re- N. LIMITED JOB SITE POLLUTION guirement issued or made pursuant fo any environ- 1. Exclusion f. under Section I — Coverage A mental protection or envi- is replaced by the following. ronmental liability statutes or 2. Exclusions regulations that any insured test for, monitor, clean up, This insurance does not apply to: remove, contain, treat, de- f. Pollution toxify or neutralize, or in any way respond to, or assess (1) "Bodily injury' or "property dam- the effects of, "pollutants", age" arising out of the actual, al- or leged or threatened discharge, (b) Claim or suit by or on behalf dispersal, seepage, migration, of a governmental authority release or escape of "pollut- for damages because of ants", testing for, monitoring, (a) At or from any premises, cleaning up, removing, con- site or location on which any taining, treating, detoxifying insured or any contractors or neutralizing or in anyway or subcontractors working responding to or assessing directly or indirectly on any the effects of, "pollutants" insured's behalf are per- However, this forming operations if the paragraph does operations are to test for, not apply liability for those sums the inn becomes becomes le- monitor, clean up, remove, gaily obligated contain, treat, detoxify or pay dam- neutralize, or in any way re- ages because off "property dam- ' spond to, or assess the ef- age" that the insured would fects of,"pollutants", or have In the absence of such - quest, demand, order or staretu- (b) At or from a storage tank or tory or regulatory requirement, other container, ducts or or such claim or "suit" by or on piping which is below or par- behalf of a governmental author- tially below the surface of ity the ground or water or 2. With respect to "bodily injury" or "property which, at anytime, has been damage" arising out of the actual, alleged or buried under the surface of threatened discharge, dispersal, seepage, the ground or water and migration, release or escape of"pollutants" then subsequently exposed by erosion, excavation or a. The "Each Occurrence Limit" shown in any other means if the ac- the Declarations does not apply. tual, alleged or threatened discharge, dispersal, seep- b. Paragraph 7. of Limits Of Insurance age, migration, release or (Section III) does not apply. escape of"pollutants" arises c. Paragraph 1. of Section III — Limits Of at or from any premises, site Insurance is replaced by the following. or location which any in- sured or any contractors or The Limits Of Insurance shown in this ubcontractors working di- endorsement, or in the Declarations and rectly or indirectly on any in- the rules below fix the most we will pay sured's behalf are perform- regardless of the number of "o M ing operations if the "pollut- (1) Insureds; JLN33i ants"are brought on or to CL CG 00 20 03 07 Includes copyrighted material of Insurance Seances Page Office,Inc,with its permission 16/4/2009 Time: 4 :45 PM To : @ 12538566050 Bell' ' erson Agency Page: 009 3JooD gi=S Tlolvtnj (2) Claims made or"suits"brought, or 9. Subject to 8. above, the Medical Expense Limit is the most we will — (3) Persons or organizations making pay under Coverage C for all mediCD - claims or bringing"scats" cal expenses because of "bodily in- d. The following are added to Section III — fury" sustained by any one person Lim Ks Of Insurance: arising out of the actual, alleged or a threatened discharge, dispersal, 8. Subject to 2. or 3. above, whichever seepage, migration, release or es- applies, the most we will pay for the cape of"pollutants" sum of. O. OTHER INSURANCE a. Damages under Coverage A; and If this policy includes a Coverage Form or an Endorsement which provides coverage for loss b. Medical expenses under Cover- or damage covered by one or more of the Ex- age C tensions of this endorsement, the limit and the because of "bodily injury" or "prop- coverage provided by this endorsement are de- leted and replaced by the limit and coverage tual, alleged or threatened ac provided by that Coverage Form or Endorse- charge, dispersal, seepage, mlgra- merit. tion, release or escape of "pollut- ants" is$100,000. i i I NOIONIHSvM 1H3� CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page Office,Inc,wth its permission