HomeMy WebLinkAboutPK09-220 - Original - Goodbye Graffiti, Inc. - Graffiti Removal at Arbor Heights - 08/28/2009 Records Management_
KENT Document
WASH IN GTON
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: C)e)d b CI V-P.
Vendor Number:
)D Edwards Number
Contract Number: WCA - aao
This is assigned by City Cle//r��k''s Office ff
Project Name: Clo'c," F-LT-(: rZ,2 vv c)v A- r b6 ✓ IleCJ Lx'E S
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment VContract
❑ Other:
Contract Effective Date: y 1 Z g la � Termination Date: �2 3 ( I I 0
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager:Ti�y �119� �' Department: ?aim S
Detail: (i.e. address, location, parcel number, tax id, etc.):
S:Public\RecordsM anage ment\Forms\Co ntractCover\adcc7832 1 11/08
KENT
V'/PS MINGTON
GOODS & SERVICES AGREEMENT
FOR
ORDINARY MAINTENANCE
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 Walker Street, Seattle,
Washington 98134, P: 206-720-4777 F: 206-328-7029 (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following
services for the City:
Removal of graffiti in the skate board area to include the deep bowl, large bowl and
full pipe up to arms reach, as well as the climbing rocks (up to 10 feet) and comfort
station. Services also include: 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, 36 hour response
time and GIS and satellite radio dispatch at Arbor Heights 360 in Kent, Washington
as described in the vendors proposal dated April 1, 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 December 31, 2010.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Nine
Thousand One Hundred Four Dollars ($9,104.00), 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 FOR ORDINARY MAINTENANCE - 1
(Over $10,000.00, including WSST)
$569.00 plus applicable Washington State Sales Tax per month until December 31,
2010 beginning September 1, 2009 through December 31, 2010. Vendor shall
submit monthly 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. 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. PREVAILING WAGES. Vendor shall file a "Statement of Intent to Pay Prevailing
Wages," with the State of Washington Department of Labor & Industries prior to commencing
the Contract work. Vendor shall pay prevailing wages in effect on the date the bid is accepted or
executed by Vendor, and comply with Chapter 39.12 of the Revised Code of Washington, as well
as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision
issued by the Department of Labor and Industries is attached.
V. 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.
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 2
(Over$10,000,00, including WSST)
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
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.
VI. 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.
VII. CHANGES. The City may issue a written change order 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 a change order is necessary, Vendor must submit a written
change order 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
change order work upon receiving either a written change order from the City or an oral order
from the City before actually receiving the written change order. If the Vendor fails to require a
change order within the time allowed, the Vendor waives its right to make any claim or submit
subsequent change order requests for that portion of the contract work. If the Vendor disagrees
with the equitable adjustment, the Vendor must complete the change order 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 a change order by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. A change order 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.
VIII. CLAIMS. If the Vendor disagrees with anything required by a change order,
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.
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 3
(Over$10,000.00, including WSST)
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.
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).
IX. 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.
X. 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
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 4
(Over$10,000.00, including WSST)
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.
XI. 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.
XII. 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
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.
XIII. 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.
XIV. 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.
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 5
(Over$10,000.00, including WSST)
XV. 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.
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 XII 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.
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
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 6
(Over$10,000,00, Including WSST)
to Vendor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
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: By: \W
swgnatur tsignature)
Print Nam I !L� Print a e:44� °l� �
Its Its D•rzC '�r
� tale
DATE: L �- DATE: °WirOct
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
Laurie Rasmussen Quientin Poil
Goodbye Graffiti City of Kent
1115 South Walker Street 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)
APPROVED AS TO FORM:
Kent Law Department
Arbor riepht 360 Goodbye Graffb
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 7
(Over$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;
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 7V h 12009.
By:
For: 6 Do ) Lw (
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 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 , 20_.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3 of 3
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ClickoffTm Proposal
One Click & Its Gone!
Goodbye Graffiti '
Goodbye Graffiti Seattle (ESTIMATE) Re pate Terms ' PROPOSAL# 1,
1115 South Walker Street W p
Seattle, WAw_LL
United States 98134 Laurie 41112 H 77942963
et 19 i
y,y Rasmussen DaysIf
Telephone. 1 (206) 7204777
Fax- - 1 (206) 328-7029
E-mail- khull .goodbyecirafiti.com
Webslte: http 11www goodbyegrafflti.com
Name f Address
City
of Kent c tall
Location
' +Posl Code Attn"Ton DunaU LoCa, ��.
Arbor Heights 360
Tel- 1 (263)6OG-6111 � SE 240tht 116th Ave.SE 1 98032 i
Fax. 1 253 868-6050 Kent,WA j
item IMAGES DESCRIPTION � Cty„-i.... Rate, TOTAL I
Re:EverClean Program Proposal j
j
fi Access THIS EVERCLEAN PRICE IS GOOD FROM APRIL 1st TO 0 00 000 0,00T
1
I DECEMBER 31st 2010. k
i
Enrolling this building in the Ever-Clean program will save 20.00%off this cleanup-or$0.00 off the j
i total The cleanup would be only$0.00.
I
Ever-Clean includes;
1 • 4 patrols per month
3
• all graflid removal up to 10 feet from ground level 1
• digital pictures of all graffiti j
• online service summary
• spectrometer paint matching
• unlimited on-call
e 36 hour response time i
a GI3 and satellite radio dispatch ?
a one-time setup fee ($69 00)
• quarterly billing
Tog
on Ais
required for all Ever-Clean eantracts.
2
'2 7/8/ 009 2 14 PM
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.
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.
M. N. 2009_ 1 :45PM_Griffith Insurance No. 1556 P. 4
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID AL DATE(MM/DDIYYYY)
CLF3000 07 28 09
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Griffith Insurance Group, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
3841 Aurora Ave N Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Seattle WA 98103
Phone:206-632-1433 Fax:206-632-0878 INSURERS AFFORDING COVERAGE NAIC 9
INSURED INSURPRA AMZLl n atataa xnsuranca CO.
INSURER& The Martfotd casualty The Co.
Clean Streets J Inc. INSURER
1115G8 Walker St
Seattle WA 98134-1121 INSURERD
INSURER E`
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANT CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED SYTHE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
IRS POLICY NUMBER POLICY EFFECTIVE POLICY FIRATION LSNTB
LTR NSR TYPE OF INSURANCE DATE MWD DATE MIAM
OtNERALLIAeIUTY EACH OCCURRENCE S1000000
A X COMMERCIALGENERALLIABILITY 01CG98833740 09/01/08 09/01/09 PREMISES EaeOcyenoe $ 200000
CLAIMSMADE X❑OCCUR MED EXP(Any ona person) $10000
X WA Stop Gap PERSONAL SADVINJURY $1000000
GENERAL AGGREGATE s 2000000
GEWL AGGREGATE pLRIMIT,APPLIES PIER PRODUCTS-COMP/OP AGO s2000000
X POLICY JEGoT LOG
AUTOMOBILE LIABILITY COMBINED SINGLE UM(T
B X ANY AUTO 52UECHY7252 04/29/09 04/29/10 (Eaaeddenl) 81000000
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Par peF.on)
HIRED AUTOS BODILY INJURY $
NOWO WNED AUTOS (Per eadOnQ
PROPERTY DAMAGE $
(Peraxkenp
GARAGELLUIUTY AUTO ONLY-EAACCIDENT $
ANY AUTO OTHERTHAN EAACC S
AUTO ONLY- AGO $
EXCE5=MBRELLA LIABILITY EACH OCCURRENCE $1000000
A X7 OCCUR F—lCLAIMSMADR OIXS14387030 09/01/00 09/01/09 AGGREGATE $1000000
a
DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND TORYLIMITS X ER
A EMPLOYERS'LIABILITY EMPLOYERS LIABILIT EL EACH ACCIDENT $1000000
ANY PAOPMETOR/PARTNEWEXECUTNE
OFFICER/MEMBER EXCLUDED7 OICG88933740 09/01/08 09/01/09 EL DISEASE-EA FMOLOYEA S 1000000
IT yes eesoe under
SPECK PROVISIONS below EL DISEASE'POLICY LIMIT %2000000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I OF901AL PROVISIONS
The City of Kent is listed as an Additional Insured as pertains to the work
and services performed by the named insured only per form CO 86 74 12 07,
CERTIFICATE HOLDER CANCELLATION
CITYKNT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,T149 ISSUING INSURER WILL ENDEAVOR TO NAIL 30 DAYS WRITTSN
NOTICE TO THE GERTIFICAYE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO 80 SHALL
City of Kent IMPOSE NO OBLIOATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
220 4th Ave s
Kent WA 98032 REFRE6ENTATIVES.
A
ACORD 26(2001108) ®ACORD CORPORATION 19BB
_Ju1, 2B. 2009_ 1 :45PM_Griffith Insurance No. 1556_P. 5
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.
30RD 25(2001/08)
Ju1, 28. 2009 1 :45PM Griffith Insurance No, 1556 P. 6
•'••REPRINTEDFROM THE FORMS LIBRARY—
• • Insurance COMMERCIAL GENERAL LIABILITY
CG SB 74 10 02
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS LIABILITY PLUS ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
DUTY TO DEFEND (1) The amount we will pay for damages is
limited as described in SECTION III —
Paragraph a. of SECTION I — COVERAGE A and LIMITS OF INSURANCE; and
COVERAGE B is replaced by the following. (2) Our right and duty to defend ends when
a, We will pay those sums that the insured be- we have used up the applicable limit of
comes legally obligated to pay as damages insurance in the payment of judgments
because of `bodily injury", "property or settlements under COVERAGES A
damage" or 'personal injury and advertising or B or medical expenses under COV-
injury" to which this Insurance applies. We ERAGE C.
will have the right and duty to defend the in- No other obligation or liability to pay sums or
sured against any "suit"seeking those dam- perform acts or services is covered unless ex-
ages Our duty to defend begins once you plicit(y provided for under SUPPLEMENTARY
notify us of a °`suit" as described in SEC- PAYMENTS — COVERAGES A AND B.
TION IV — COMMERCIAL GENERAL LI-
ABILITY CONDITIONS, 2.b However, we EMPLOYERS LIABILITY
will have no duty to defend the insured
against any 'Suit" seeking damages for The last paragraph of exclusion e. of SECTION I —
"bodily fnjury", "property damage", or
`personal injury or advertising injury" to COVERAGE A is replaced by the following
which this insurance does not apply. We This exclusion does not apply to liability assumed
may, at our discretion, investigate any by the insured under an 'insured contract" ex-
"occurrence" and settle any claim or "suit" cept for that part of a contract or agreement that
that may result. But: indemnifies any person or organization for their
sole liability.
Se m and ft Saleeo logo are iega'ered tredenwba of Wom Cwmrdm
CO 88 74 10 02 Page 1 of 5 FP
Ju1. 28. 2009 1 :45PM Griffith Insurance No, 1556 P. 7
"'•REPRINTED FROM THE FORMS USRARy""
WRONGFUL EVICTION (3) The maintenance, operation or use by
you of equipment leased to you by such
The following exclusion is added to SECTION I — person or organization, subject to the
COVERAGES: following additional provisions:
The wrongful eviction from, wrongful entry Into, (a) This insurahce does not apply to
"
or Invasion of the right of private occupancy of a any occurrence"which takes place
room, dwelling or premises arising out of any, after the equipment lease expires;
(1) "property damage" to the room, dwell- (b) This insurance does not apply to
"bodily injury" or °property
ing or premises; or damage" arising out of the sole
(2) "bodily injury" sustained through occu- negligence of such person or or-
pancy of a room, dwelling or premises. ganization;
ADDITIONAL INSURED — BY WRITTEN CON- (4) Permits issued by any state or political
T subdivision with respect to operations
TRACT, AGREEMENT OR PERMIT, OR SCHED-
ULE performed by you or on your behalf,
subject to the following additional pro-
vision;
The following paragraph is added to SECTION If —
WHO IS AN INSURED: This insurance does not apply to "bodily
injury," "property damage," "personal
5, Any person or organization shown in the Sched- and advertising Injury" arising out of op-
ule or for whom you are required by written con- erations performed for the state or
tract, agreement or permit to provide Insurance municipality;
is an insured, subject to the following additional c. The insurance with respect to any architect,
provisions: engineer, or surveyor added as an insured
a. The contract, agreement or permit must be by this endorsement does not apply to
in effect during the policy period shown in "bodily injury," "property damage,"
the Declarations, and must have been exe- "personal and advertising injury" arising out
cuted pnor to the 'bodily injury," "property of the rendering of or the failure to render
damage," "personal and advertising injury." any professional services by or for you, in-
b. The person or organization added as an in- eluding:
sured by this endorsement Is an insured only (1) The preparing, approving, or failing to
to the extent you are held liable due to: prepare or approve maps, drawings,
(1) The ownership, maintenance or use of opinions, reports, surveys, change or-
that part of premises you own, rent, ders, designs or specifications; and
lease or occupy, subject to the following (2) Supervisory, inspection or engineering
additional provisions, services.
(a) This insurance does not apply to d. This insurance does not apply to 'bodily
any "occurrence"which takes place injury" or "property damage" included within
after you cease to be a tenant in the "products-completed operations haz-
any premises leased to or rented to a rd."
you; I e. A person's or organization's status as an in-
(b) This insurance does not apply to sured under this endorsement ends when
any structural alterations, new con- your operations for that insured .are com-
struction or demolition operations pleled,
performed by or on behalf of the
person or organization added as an f. No coverage will be provided it, in the ab-
insured; sence of this endorsement, no liability would
be imposed by law on you_ Coverage shall
(2) Your ongoing operations for that m be limited to the extent of your negligence
sured, whether the work is performed or fault according to the applicable principles
by you or for you; of comparative fault.
Pape 2 of 5
Ju1. 28. 2009 1 ; 45PM Griffith Insurance No. 1556 P. 8
••'•REPRWEOFROM THE FORMS LA WRY"
g. The defense of any claim or "suit" must be equipment listed In paragraph f.(2) or
tendered as soon as practicable to all other f.(3) of the definition of "mobile equip-
insurers which potentially provide insurance ment."
for such claim or "suit".
(6) An aircraft you do not own provided it is •
h. The insurance provided will not exceed the not operated by any insured.
lesser of:
(1) The coverage and/or limits of this policy, TENANTS' PROPERTY DAMAGE LIABILITY
or
(2) The coverage and/or limits required by When Damage To Premises Rented To You Limit is
COVER-
said contract, agreement or permit, shown in the Declarations, SECTION f — COVER-
AGE A, exclusion j., is replaced by the following.
NON-OWNED WATERCRAFT AND NON-OWNED j, Damage To Property
AIRCRAFT LIABILITY
'Property damage" to:
Exclusion g. of SECTION I — COVERAGE A is re- (1) Property you own, rent, or occupy, in-
placed by the following: cludmg any costs or expenses incurred
g. 'Bodily injury" or "property damage" arising by you, or any other person, organiza-
out of the ownership, maintenance, use or tion or entity, for repair, replacement,
entrustment to others of any aircraft, "aulo" enhancement, restoration or mainte-
or watercraft owned or operated by or rented nance of such property for any reason,
or loaned to any insured. Use includes oiler- including prevention of injury to a Aer-
ation and loading or unloading." son or damage to another's property;
This exclusion applies even if the claims (2) Premises you sell, give away or aban-
against any insured allege negligence or don, if the "property damage"arises out
other wrongdoing in the supervision, hiring, of any part of those premises;
employment, training or monitoring of others (3) Property loaned to you;
by that Insured, it the "occurrence" which
caused the 'bodily injury" or "property, (4) Personal property in the care, custody
damage" involved the ownership, mainte- or control of the insured,
nance, use or entrustment to others of any (5) That particular part of real property on
aircraft, "auto" or watercraft that is owned which you or any contractors or sub-
or operated by or rented or loaned to any in- contractors working directly or indirectly
sured. on your behalf are performing oper-
This exclusion does not apply to; ations, if the 'property damage" arises
(1) A watercraft while ashore on premises out of those operations, or
you own or rent; (6) That particular part of any property that
` must be restored, repaired or replaced'
(2) A watercraft you do not own that is: because "your work" was incorrectly
(a) Less than 52 feet long; and performed on it.
(b) Not being used to carry persons or Paragraphs (1), (3) and (4) of this exclusion
property for a charge; do not apply to `property damage" (other
than damage by fire) to premises, including
(3) Parking an "auto" on, or on the ways the contents of such premises, rented to
next to, premises you own or rent, pro- you A separate limit of insurance applies to
vided the "auto" is not owned by or Damage To Premises Rented To You as
rented or loaned to you or the insured; described in SECTION fit — LIMITS OF
(4) Liability assumed under any "insured INSURANCE, Paragraph (2) of this exclu-
contract" for the ownership, mainte- sion does not apply if the premises are "your
nance or use of aircraft or watercraft; or work" and were never occupied, rented or
(5) "Bodily injury" or "property damage" held for rental by you.
arising out of the operation of any of the
CO 86 74 10 02 Peg@ 3 of 5 EP
Ju1. 2B. 2009 1 ;45PM Griffith Insurance No, 1556 P. 9
^"REPRiNTEO FROM THE FORMS LIBRARY--
Paragraphs (3), (4), (5) and (6) of this exclu- retention available to the in-
sion do not apply to liability assumed under demnitee;and
a sidetrack agreement.
Paragraph (6) of this exclusion does not ap- EMPLOYEES AS INSUREDS — HEALTH CARE
SERVICE
ply to "property damage" included in the
"products-compleled operations hazard " Provision 2.a.(1) d. of SECTION II — WHO IS AN
INSURED is deleted, unless excluded by separate
Paragraph 6 of Section III is replaced by the follow- endorsement.
mg•
6. Subject [0 5. above, the Damage To Property EXTENDED COVERAGE FOR NEWLY ACQUIRED
ORGANIZATIONS
Limit is the most we will pay under COVERAGE
A for damages because of `property damage" to Provision 4.a. of SECTION If — WHO IS AN IN-
any one premises, while rented to you, or in the SURED is replaced by the following:
case of damage by fire, while rented to you or
temporarily occupied by you with permission of a, Coverage under this provision is afforded
the owner only until the end of the policy period
The Tenants' Property Damage To Premises Rented EXTENDED "PROPERTY DAMAGE"
To You Limit is the higher of$200,000 or the amount
shown in the Declarations as Damage To Premises Exclusion a, of SECTION I — COVERAGE A is
Rented To You Limit, amended to read.
a. 'Bodily injury" or 'property damage" ex-
WHO IS AN INSURED — MANAGERS pected or intended from the standpoint of the
insured. This exclusion does not apply to
The following is added to Paragraph 2.a. of SECTION 'bodily injury" or "property damage" result-
II —WHO IS AN INSURED: ing from the use of reasonable force to pro-
tect persons or property.
Paragraph (1) does not apply to executive officers, or
to managers at the supervisory level or above. INCREASED MEDICAL EXPENSE LIMIT
SUPPLEMENTARY PAYMENTS —'COVERAGES A The medical expense limit is amended to $10.000.
AND 8 --- BAIL BONDS
KNOWLEDGE OF OCCURRENCE
Paragraph 1.b. of SUPPLEMENTARY PAYMENTS
— COVERAGES A AND B is replaced by the follow- The following is added to Paragraph 2. SECTION IV
ing, COMMERCIAL GENERAL LIABILITY
CONDITIONS Duties In The Event Of Occurrence,
b. Up to $2,000 for cost of bail bonds required Offense, Claim Or Suit o(:
because of accidents or traffic law violations
arising out of the use of any vehicle to which Knowledge of an 'occurrence,° claim or "suit" by
the Bodily Injury Liability Coverage applies_ your agent, servant or employee shall not in itself
We do not have to furnish these bonds. constitute knowledge of the named insured unless an,
officer of the named insured has received such notice
SUPPLEMENTARY PAYMENTS — COVERAGES A from the agent, servant or employee.
' AND B — INDEMNITEES AND ADDITIONAL IN-
SUREDS INSURED CONTRACT
Paragraph 2.f.(1) (d) of SUPPLEMENTARY PAY- The following definition is added to SECTION V —
MENTS — COVERAGES A AND B is replaced by DEFINITIONS, Definition 9. "insured contract" par-
the following: agraph f.:
(d) Cooperate With us with respect (4) That part of any Contract or agree-
to coordinating other applicable ment that indemnifies any person
insurance and self-Insured or organization for the indemnitee's
sole tort liability.
Page 4 of 5
�u1, 28. 2009 1 ;45PM Griffith Insurance No. 1556 P. 10
"^WRINTED FROM THE FORMS LIBRARY'"""
OTHER INSURANCE UNINTENTIONAL FAILURE TO DISCLOSE ALL
HAZARDS
The first paragraph of Other Insurance of SECTION
IV -- COMMERCIAL GENERAL LIABILITY CON- The following is added to Paragraph 6. Representa-
DITIONS is replaced with the following: tions of SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS:
If other valid and collectible insurance, or any self-in-
sured retention, is available to the insured for a foss If you unintentionally fail to disclose any hazards ex-
we cover under COVERAGE A or B of this Coverage isting at the inception date of your policy, we will not
Part, our obligations are limited as follows, deny coverage under this Coverage Form because of
such failure. However, this provision does not affect
METHOD OF SHARING our nght to collect additional premium or exercise our
right of cancellation or non-renewal-
The second paragraph of Method of Sharing of SEC-
TION IV — COMMERCIAL GENERAL LIABILITY LIBERALIZATION CLAUSE
CONDITIONS is replaced with the following.
The following paragraph is added to SECTION IV —
If any of the other insurance does not permit contri- COMMERCIAL GENERAL LIABILITY CONDI-
butlon by equal shares or is subject to a self-insured TIONS:
retention, we will contribute by limits Under this
method, each insurer's share is based on the ratio of 10. If a revision to this Coverage Part, which would
its applicable limit of insurance or self-insured re- provide more coverage with no additional
tention or both combined to the total applicable limits premium, becomes effective during the policy
of insurance of all insurers and the amount of any penod in the state shown in the Declarations,
self-insured retention your policy will automatically provide this addi-
tional coverage on the effective date of the re-
vision.
CG 66 74 10 02 Page 5 o15 EP
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