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HomeMy WebLinkAboutPW14-119 - Original - Ski's Painting, Inc. - Green River Natural Resources Area Observation Towers - 05/14/2014 �. Records M nagerne4i�1t KENT Document WASHINGTON } X i 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: Ski's Painting, Inc. Vendor Number: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Green River Natural Resources Area Observation Towers Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/14 I Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Matt Knox Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Paint three observation towers. S:Pu bllc\RecordsM a nagement\Forms\ContractCover\adcc7832 1 11/08 KENT W pS HINOTON PUBLIC WORKS AGREEMENT between City of Kent and Ski's Painting, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Ski's Painting, Inc. organized under the laws of the State of Washington, located and doing business at 7235 S. 227th Place #103, Kent, WA 98032, Phone: (253) 872-5395/Fax: (253) 872-5390, Contact: Gordon Sukut (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: The Contractor shall paint three observation towers at the Green River Natural Resources Area. For a description and Contractor's bid, see the attached Exhibit A which is incorporated by this reference. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, the Contractor shall complete the work described in Section I by December 31, 2014. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Twenty Three Thousand, Forty One Dollars ($23,041.00), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor fifty percent (50%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this Agreement. A. No Payment and Performance Bond. Because this contract, including applicable sales tax, is less than $35,000, and pursuant to Chapter 39.08 PUBLIC WORKS AGREEMENT - 1 (Over$1OK, under$35K, and No Performance Bond) RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the owner retain the final fifty percent (50%) of the Contract amount for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work, Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor 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 Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. C. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. 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 Contractor 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 Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. i C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor 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. PUBLIC WORKS AGREEMENT - 2 (Over$10K, under$35K, and No Performance Bond) E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW, G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. I V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor, D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor 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, Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, 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. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor 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 Contractor'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 Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed j PUBLIC WORKS AGREEMENT - 3 (Over $10K, under $35K, and No Performance Bond) 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 Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor 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 Contractor 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 Contractor 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 Contractor may file a claim as provided in this section. The Contractor 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 Contractor 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 Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor'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 Contractor'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 Contractor is asserting a schedule change or disruption. B. Records. The Contractor 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 Contractor'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 PUBLIC WORKS AGREEMENT - 4 (Over$10K, under$35K, and No Performance Bond) invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor 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 Contractor 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 Contractor 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. CONTRACTOR 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 CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the City a one-year warranty bond in a form and amount acceptable to the City. The Contractor 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 parts are repaired or replaced, 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 Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor 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 Contractor, its sub-contractors, or any person acting on behalf of the Contractor 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. Contractor 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. Contractor 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 Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. PUBLIC WORKS AGREEMENT - 5 (Over$10K, under$35K, and No Performance Bond) The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'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. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. I XIII. INSURANCE. The Contractor 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 CONTRACTOR'S RISK. Contractor 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 Contractor's own risk, and Contractor 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. 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 PUBLIC WORKS AGREEMENT - 6 (Over $10K, under$35K, and No Performance Bond) i 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 Contractor. 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 Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. PUBLIC WORKS AGREEMENT - 7 (Over$1OK, under$35K, and No Performance Bond) J. 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. CONTRACTOR: CITY OF KENT: fr i' ,fZ By: By �y j(ggnatu ie) , t { ;% , (signature) Print Name 1 !t l quittk w i print am : Suzette Cooke Its (' <� C'93t jiriy G�` (Its ' Mayor DATE: `317,3 t; i DATE: 1 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Gordon Sukut Timothy J. LaPorte, P.E. Ski's Painting, Inc. City of Kent 7235 S. 227th PI. #103 220 Fourth Avenue South Kent, WA 98032 Kent, WA 98032 (253) 872-5395 (telephone) (253) 856-5500 (telephone) (253) 872-5390 (facsimile) (253) 856-6500 (facsimile) APPROVED AStTO FORM: Kent Law Department_,, Ski's Painting-GRN"Tovrer Painting/Knox PUBLIC WORKS AGREEMENT 8 (Over$10K, under$35K, and No Performance Bond) 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 j 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. By: 1 For: Y' ; Title: ;,i �' `1 `r(;r � ; � 1{'' Date: I i EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 I 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. i i i EEO COMPLIANCE DOCUMENTS - 2 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. By: For: Title: Date: i EEO COMPLIANCE DOCUMENTS - 3 7235 S. 227th PL.,#103, KENT,WA 98032 TEL(253)872-5395 - SKISPI* 118PA• FAX(253)872-5390 PROPOSAL Page No. 1 of 1 EXHIBIT A 'PROPOSAL SUBMITTED TO: Bid ID: 373 SUBMITTED BY DATE !, Kent Public Works Cust ID: 932 Gordon Sukut ___ 3/25/2014 220 Fourth Ave S. PHONE FAX Kent, WA 98032 (253 856-5551 ATTN:PROJECT MGR. JOB i NAMEIDESCRIPTION JOB ADDRESS Matt Knox Viewing Towers 22306 Russell Road South, Kent We hereby propose to furnish materials and labor necessary for the completion of: 1. Prep metal stair handrails and platform guardrails. Remove loose paint material and sand to level surface. Apply metal bonding primer and finish with semi-gloss enamel with color to match existing. 2. TOWER 1 RAILINGS (platform at 24'above ground) $3,116 3. TOWER 2 RAILINGS (platform at 24'above ground) $3,116 4. TOWER 3 RAILINGS (platform at 17'above ground) $2,482 5. Prep steel frame and supports, Remove loose paint material by hand and spot prime. Limited washing as needed to avoided miscellaneous existing paint materials becoming ground contaminants.Apply finish with semi-gloss enamel with color to match existing. 6. TOWER 1 FRAME(platform at 24'above ground) $4,382 7. TOWER 2 FRAME(platform at 24'above ground) $4,382 8. TOWER 3 FRAME(platform at 17'above ground) $3,563 Base Bid Total: $21,042 Exclusions: 1. Metal stair treads and platform. 2. Steel frame and metal roof structure. Notes: 1. Due to sensitive wetlands area, prep and sanding work will be done by hand to properly contain miscellaneous existing paint material removed from surfaces. 2. Work to be done during suitable weather conditions to achieve proper adhesion and finish. 3. Job Includes prevailing wage rates 4. Revision 1 WE PROPOSEhereby to furnish material and labor—complete In accordance with above specifications,for the sum of: Twenty One Thousand Forty Two and 00/100 dollars $21,042.00 i Payment to be as follows: LUMP SUM 30 DAYS AFTER COMPLETION&ACCEPTANCE. 1.6%PER MONTH SERVICE CHARGE ON ALL PAST DUE ACCOUNTS. - IN THE EVENT LEGAL ACTION IS TAKEN TO COLLECT ANY AMOUNTS DUE,YOU AGREE TO PAY ALL LEGAL FEES &EXPENSES. WASH.ST.SALES TAX NOT INCLUDED All materiel is guaranteed to be as specified All worn to be completed In a substantial warkmanllke manner scoarding to specifications submitted,per standard practices. Any alteration or deviation from above specllleatione Involving scare costs will to executed only upon written orders,and will become an extra charge over and above the estimate.All agreements contingent upon strikes, accidents or delays beyond our conlrol. Owner to carry tire,tornado and other necessary Insurance. Our workers are fully covered by workmen,Oonpensation Insurance. Authorized Signature Estimator ACCEPTANCE OF PROPOSAL. The above prices,specifications and conditions are satisfactory and are herby accepted. You are authorized to do the work as specified. Payment will be made as outlfned above. Signature Date of Acceptance I 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. 2. 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. 3. 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 i 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. Client#: 61911 SKISPAINI ACORD,, CERTIFICATE OF LIABILITY INSURANCE DA IY TE(MMIDDYYY) 05/09/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTAIV7If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Tara Love NAME; e - - Iuc 8665727136Pro el Insurance No N ,,:206.676.4233 - -Seattle Commercial Insurance EMAIL @ ADDRESS: PP trl�1 rD elinsurance.com _ 925 4th Ave, Suite 3200 INSURER(S)AFFORDING COVERAGE NAIC# Seattle,WA 98104 INSURER A:Continental Western Insurance C 10804 INSURED INSURER B;Travelers Casualty&Surety Co. Ski's Painting Inc. --- "- _ NSURER C 7235 South 227th Place#103 _0 INSURER Kent,WA 98032 -_""- - INSURER E; INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMEDABOVE FORTHE 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR - AODL SUBR� -POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE IN POLICY NUMBER _ MMIOO/YYYY MMIDOIYYYY _ A GENERAL LIABILITY X XCWP2923989 3/01/2014 03/01/2015 EACH OCCURRENCE $1000000 DAMAGE Tp RENTED X COMMERCIAL GENERAL LIABILITY PREMISES`Ee occunenre $300000 i MED EXP(Any no person) $5 000 X BI/PD DedA$500 OCCUR i PERSONAL B ADV INJURY__ $1,000,000 GENERALAGGREGATE _ s21000 000 GEN'LAGGREGATE EWITAPPLIES PER; PRODUCTS-COMP/OP AGG s2,000,000 POLICY X j C LOC $ A AUTOMOBILE LIABILITY X CWP2923989 3/0112014 03101/201 C(EeOMBINEOSINGLELIMIT 1,000,000 _ eccldent X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X! HIRED AUTOS X NON OWNED PROPERTYR� LDAMAGE $ AUTOS --- 5 A X UMBRELLA LIAB X OCCUR X X CU2923990 3/01/2014 03/01/2015 EACH OCCURRENCE $5 000 000 EXCESS LIAR CLAIMS-MADE AGGREGATE $5 00O 000 DED XLRETENTION$10000 $ A WORKERS COMPENSATION 7NIA P2923989 3/01/2014 03/01/201 Wo YLIMIC X OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN Stop Gap E.L.EACH ACCIDENT $1 00O 000 OFFICERIMEMBER EXCLUDED? � (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1 00O 000 Il yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Crime 106064139 03/0112014103/0112015 $250,000 Limit A LeasedlRented CWP2923989 11111121114�03101120115 $75,000 ,Equipment DESCRIPTION OF OPERATIONS I LOCATIONS)VEHICLES(Attach ACORD 101,Additianel Remarks Schedule,it more space Is required) RE:Job#1403708P -Viewing Towers The City of Kent is additional insured per attached endorsements, �I CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION,All rights reserved. ACORD 25(2010105) 1 oil The ACORD name and logo are registered marks of ACORD #S1399481IM1387825 CJ00 CWP2923989 ReferenceConneet Document: CL CG 00 13-General Liabilitv Enhancement Endorsemen... Paee 1 of 6 COMMERCIAL GENERAL LIABILITY CL CG 00 13 08 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY PLATINUM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. MEDICAL PAYMENTS If SECTION I - COVERAGE C MEDICAL PAYMENTS Is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit provided by this policy, subject to the terms of SECTION III - LIMITS OF INSURANCE, shall be the greater of: a. $10,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. B. FIRE, LIGHTNING, EXPLOSION, SMOKE AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If damage to premises rented to you under Coverage A. is not otherwise excluded from this policy, the following applies: 1. The last paragraph of SECTION I - COVERAGE A.2. Exclusions is deleted and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE. 2. Paragraph 6,of SECTION III - LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5.above, the greater of: a. $300,000; or b, the Damage To Premises Rented To You Limit shown in the Declarations; is the most we will pay under COVERAGE A for damages because of "property damage" to any one premises, while rented to you or temporarily occupied by you with the permission of the owner. 3. Paragraph 4.b.(1)(a)(ii) Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by the following: (ii) That is Fire, Lightning, Explosion, Smoke or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner; 4. Paragraph 9.a.of SECTION V- DEFINITIONS is deleted and replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; https://www.silverpliime.com/SPOntine/SPSage.aspx?emd=doc&id—TD CL CG_00_13_0... 8/23/2013 CWP2923989 ReferenceConnect Document: CL CG 00 13-Gencral Liability Enhancement Endorsemen... Page 2 of 6 C. LIMITED NON-OWNED WATERCRAFT 1. Paragraph g.(2) of SECTION I - COVERAGE A.2. Exclusions is deleted and replaced by the following: A watercraft you do not own that is: a. Less than 51 feet long; and b. Not used to carry persons or property for a charge. D. SUPPLEMENTARY PAYMENTS SECTION I -SUPPLEMENTARY PAYMENTS-COVERAGES A AND B is amended as follows: 1. The limit of insurance in paragraph 1.b. is increased from $250 to$2,500; and 2. The limit of insurance in paragraph 1.d. is increased from $250 to$500. E. AUTOMATIC ADDITIONAL INSURED - SPECIFIED RELATIONSHIPS - PRIMARY NON-CONTRIBUTORY The following is added to Paragraph 2, of SECTION II-WHO IS AN INSURED: e. Any person or organization described below, when you are obligated by virtue of a written contract or agreement that such person be added as an additional insured on your policy. WHEN REQUIRED BY VIRTUE OF A WRITTEN CONTRACT OR AGREEMENT, COVERAGE PROVIDED TO ANY ADDITIONAL INSURED WILL BE ON A PRIMARY BASIS AND WILL NOT SEEK CONTRIBUTION FROM THE ADDITIONAL INSURED'S POLICY. Only the following persons or organizations are additional insureds under this endorsement: (1) Managers Or Lessors Of Premises. The manager or lessor of a premise leased to you, but only with respect to liability arising from the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (a) Any "occurrence"which takes place after you cease to be a tenant of that premises. (b) Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (2) Lessor Of Leased Equipment. Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s)or organization(s). However, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. (3) Vendors. Any person or organization, but only with respect to "bodily injury" or "property damage"arising out of"your products" shown in the Schedule which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: 1. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; 2. Any express warranty unauthorized by you; 3. Any physical or chemical change in the product made intentionally by the vendor; 4. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; 5. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; https://www.silveipluine.com/SPOnline/SPSage.aspx?cmd=doc&id=ID_CL_CG 00_13_0... 8/23/2013 CW P2923989 �, ReferenceConnect Document: CL CG 00 13-General Liability Enhancement Endorsemen... Page 3 of 6 6. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; 7. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. (4) State Or Political Subdivision - Permits Or Authorizations Relating To Premises. Any state or political subdivision, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (e) The ownership, maintenance, or use of any elevators covered by this insurance. Limits of insurance for such additional insured are the limits in this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement, whichever is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. WHEN REQUIRED BY VIRTUE OF A WRITTEN CONTRACT OR AGREEMENT, COVERAGE PROVIDED TO ANY ADDITIONAL INSURED AUTOMATIC ADDITIONAL INSURED - SPECIFIED RELATIONSHIPS - PRIMARY NON-CONTRIBUTORY WILL BE ON A PRIMARY BASIS AND WILL NOT SEEK CONTRIBUTION FROM THE ADDITIONAL INSURED'S POLICY. F. BROADENED NAMED INSURED - NEWLY ACQUIRED 180 DAYS Paragraph 3. of SECTION II -WHO IS AN INSURED is deleted and replaced by the following: Any organization you newly acquire or form, other than a joint venture, and over which you maintain ownership or majority interest of more than 50% will be a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. b. COVERAGE A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. c. COVERAGE B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. G. AGGREGATE LIMITS OF INSURANCE The General Aggregate Limit under SECTION III - LIMITS OF INSURANCE applies separately to each of your: i https://www.silverplumc.com/SP Online/SPSage.aspx?omd—doc&id=ID_CL_CG_00_13_0... 8/23/2013 CWP2923989 ReferenceConnect Document; CL CG 00 13-General Liability Enhancement Endorsemen... Page 4 of`6 1. Projects away from premises owned by or rented to you. 2. "Locations"owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. When paragraph B. Construction Project General Aggregate Limit on form CL CG 00 20 is a pail of this policy, then paragraph G.Aggregate Limits of Insurance of this endorsement does not apply. H. KNOWLEDGE OF OCCURRENCE The following is added to paragraph 2, Duties In The Event Of Occurrence, Offense, Claim Or Suit of SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS: I e. A report of an 'occurrence", offense, claim or"suit' to: (1) You, if you are an individual, (2) A partner, if you are a partnership, (3) An executive officer, if you are a corporation, or (4) A manager, if you are a limited liability company; is considered knowledge and requires you to notify us of the 'occurrence", offense, claim, or "suit"as soon as practicable. f. We are considered on notice of an 'occurrence", offense, claim or "suit' that is reported to your Workers' Compensation insurer for an event which later develops into an 'occurrence", offense, claim or "suit'for which there is coverage under this policy. However, we will only be considered on notice If you notify us as soon as you know the claim should be addressed by this policy rather than your Workers' Compensation policy. I. UNINTENTIONAL OMISSIONS The following is added to paragraph 6. Representations of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: d. If you unintentionally fail to disclose any exposures existing at the inception date of your policy, we will not deny coverage under this Coverage Part solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. J. MENTAL ANGUISH Paragraph 3, of SECTION V- DEFINITIONS Is deleted and replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. K. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following: We waive any right of recovery we may have because of payments we make for "bodily injury" or"property damage"arising out of your ongoing operations or"your work" done under a contract requiring such waiver with that person or organization and included in the "products-completed operations hazard". However, our rights may only be waived prior to the 'occurrence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit' or transfer those rights to us and help us enforce those rights. Paragraph K.WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS does not apply if another waiver of transfer of rights of recovery against others is endorsed separately to this policy. L. OTHER INSURANCE When Coverage applies in this General Liability Enhancement Endorsement, no other coverage or limit of insurance in the policy applies to loss or damage insured by this coverage. https://www.silverplume.com/SPOnline/SPSage.aspx?cmd=doc&id=TD_CL CG 00_13_0... 8/23/2013 ReferenceConneet Document: CL CG 00 13-General Liability Enhancement Endorsemen... Page 5 of 6 M. NON-EMPLOYMENT DISCRIMINATION LIABILITY(DEFENSE WITHIN LIMITS) The following is added to paragraph 14. "Personal and advertising Injury" SECTION V - DEFINITIONS of COMMERCIAL GENERAL LIABILITY COVERAGE FORM: h. Non-employment discrimination. Non-employment discrimination means violation of a person's civil rights with respect to such person's race, color, national origin, religion, gender, marital status, age, sexual orientation or preference, physical or mental condition, or any other protected class or characteristic established by any federal, state or local statutes, rules or regulations. Non-employment discrimination does not include violation of civil rights arising out of past, present or prospective employment. Our obligation under the Personal and Advertising Injury Liability Coverage to pay non-employment discrimination liability damages on your behalf applies only to the amount of damages in excess of$5,000 deductible as the result of any one offense regardless of the number of persons or organizations who sustain damages because of the offense. The most we will pay for all damages for non-employment discrimination is $15,000 annual aggregate. No other liability to pay sums or perform acts or services is covered. Supplemental Payments -Coverages A and B do not apply to non-employment discrimination coverage. N. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS OR OTHERS- AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY 1. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organization for whom you are performing operations when you are obligated by virtue of a written contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused by your ongoing operations for the additional insured and only to the extent that such "bodily injury", "property damage" or "personal and advertising injury" is caused by your negligence or the negligence of those performing operations on your behalf. This insurance does not apply to "bodily injury", "property damage", "personal and advertising injury" included within the "products-completed operations hazard". This insurance does not apply to any additional insured scheduled on your policy by separate endorsement 2. Limits of Insurance Limits of insurance for such additional insured are the limits in this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement, whichever is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. 3, Exclusions A. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to "bodily injury", "property damage" or"personal and advertising injury" arising out of: 1. The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b. Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. 2. Subject to Paragraph 3. below, professional services include: a. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your ongoing operations. B. "Bodily injury" or"property damage" occurring after: https://www.silverptume.com/SPOnline/SPSage.aspx?emd=doc&id—ID_CL CG_00_13_0... 9/23/2013 CWP2923989 ReferenceConnect Document: CL CC 00 13-General Liability Enhancement Endorsemen... Page 6 of 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 4. Primary Non-Contributory WHEN REQUIRED BY VIRTUE OF A WRITTEN CONTRACT OR AGREEMENT, COVERAGE PROVIDED TO ANY ADDITIONAL INSURED BY ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - ONGOING OPERATIONS - AUTOMATIC, INCLUDING PRIMARY NON CONTRIBUTORY WILL BE ON A PRIMARY BASIS AND WILL NOT SEEK CONTRIBUTION FROM THE ADDITIONAL INSURED'S POLICY. ©13erkely North Pacific Group I https://www.sitveiTlume.com/SPOnline/SPSage.aspx`lend=doc&id=ID_Cl,_CG_O0_13_0... 8/23/2013 CWP2923989 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - COMPLETED OPERATIONS - AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: i COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION 11 -WHO IS AN INSURED is amended to include as an additional insured any person(s)or organization(s) when you are obligated by virtue of a written contract or agreement that such person or organization(s) be added as an additional insured to your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused by "your work" for the additional insured and only to the extent that such "bodily injury", "property damage" or "personal and advertising injury' Is caused by your negligence, or the negligence of those performing operations on your behalf, for that additional insured and included in the"products-completed operations hazard". This insurance does not apply to any additional insured scheduled on your policy by separate endorsement. B. LIMITS OF INSURANCE Limits of insurance for such additional insured are the limits in this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement, whichever is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. C. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to"bodily injury", "property damage"or"personal and advertising injury" arising out of: 1. The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b. Providing or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. 2. Subject to paragraph 3, below, professional services include: a. Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your products-completed operations. D. PRIMARY NON-CONTRIBUTORY When required by virtue of a written contract or agreement, coverage provided to any additional insured by ADDITIONAL INSURED — OWNERS, LESSEES, CONTRACTORS OR OTHERS — COMPLETED OPERATIONS — AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY will be on a primary basis and will not seek contribution from the additional insured's policy. CL CG 20 48 01 14 Includes Copyrighted material of Insurance Services Page 1 of 1 Office,Inc with its permission This page has been left blank intentionally. - II i I POLICY NUMBER: CU2923990 COMMERCIAL LIABILITY UMBRELLA CLCU24740913 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The Transfer Of Rights Of Recovery Against Others To Us Condition under Section IV - Conditions is amended by the addition of the fallowing: We waive any right of recovery we may have because of payments we make for "bodily injury" or "property damage" arising out of your ongoing operations or "your work" done under a written contract requiring such waiver with that person or organization and included in the "products- completed operations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. 1 CL CU 24 74 09 13 Includes copyrighted material of Insurance Services Page 1 of 1 Office, Inc.with its permission This page has been left blank intentionally. Ali i CW P2923989 Ski's Painting Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL AUTOMOBILE EXPANSION ENDORSEMENT - PLATINUM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following provides a broad range of coverage In addition to that provided by the basic policy. In some instances, a higher limit or broader coverage Is available. Should the policy Indicate broader coverage or higher limits than provided by this endorsement, the higher limits or broader coverage shall apply. A. BROADENED NAMED INSURED (2) A person's or organization's status The Named Insured shown In the Declarations Is as an additional insured exists only amended to Include: while you are performing operations for that additional insured. Any organization,other than a joint venture, over (3) Section II, Paragraph C. Limits of which you maintain ownership or majority Inter- Insurance for person or organization est of more than 50%, unless that organization added as additional insured are Is an "insured" under any other automobile poli- those specified In the written con- cy or would be an "insured" under such a policy tract or agreement, or In this cover- but for the exhaustion of its Limit of Insurance, age form, whichever is less. These however; limits of insurance are inclusive of 1. Coverage under this provision is afforded and are not in addition to the Limits only until the 180th day after you acquire or of Insurance shown in the Deciara- form the organization or the end of the policy dons, period,whichever Is earlier. (4) This insurance applies on a primary 2. Coverage does not apply to"bodily Injury"or and non-contributory basis If that is "property damage" that occurred before you required by the written contract or acquired or formed the organization. agreement. B. ADDITIONAL INSURED BY CONTRACT OR (5) This Insurance does not apply un- AGREEMENT less the written contract or agree- The following is added to Section II - Liability ment has been executed prior to the Coverage, Paragraph A.1.: bodily injury"or"property damage". d. Any person or organization for whom you C. ADDITIONAL INSURED-EMPLOYEES are performing operations If you and such The following Is added to the Section II—Liability person or organization have agreed In writ- Coverage, Paragraph A.I. Who Is An Insured Ing in a contract or agreement that such Provision: person or organization be added as an addi- Any "employee" of yours Is an "Insured" while us- tlonal Insured on your policy, ing a covered "auto" you don't own, hire or borrow (1) Such person or organization is an In your business or your personal affairs, additional Insured only with respect D. EXTENDED COVERAGE- BAIL BONDS to liability for"bodily injury' or"prop- ertydamage": Section It — Liability Coverage, Paragraph A.2.a.(2), is deleted and replaced by the follow- (a) Caused by an"accident", and Ing; (b) Resulting from the ownership, (2) Up to $5,000 for cost of ball bonds maintenance or use of a cov- (including bonds for related traffic ered "auto". law violations) required because of an "accident" we cover. We do not have to furnish these bonds. CW 34 68 01 12 Includes Copyrighted material of Insurance Services page 1 of 5 Office,Ina.,with its permission C W P2923989 it E. EXTENDED COVERAGE - LOSS OF EARN- J. LEASED OR FINANCED "AUTOS" - PHYSI- ING CAL DAMAGE COVERAGE Section it — Liability Coverage, Paragraph The following is added to Section III — Physical A.2.a.(4) is deleted and replaced by the follow- Damage Coverage, Paragraph C. Ing: 4. In the event of a total "loss" to a covered (4) All reasonable expenses incurred by "auto`, we will pay any unpaid amount due the "insured" at our request, includ- on the lease or loan for a covered "auto", Ing actual loss of earning up to$500 less: a day because of time off from work. a. The amount under the Physical Damage F. FELLOW EMPLOYEE COVERAGE Coverage section of the policy; and The Fellow Employee Exclusion contained in b. Any: Section If —Liability Coverage does not apply. (1) Overdue lease/loan payments at the This coverage is excess over any other collect- time of the"loss"; able insurance. G. AUTO MEDICAL PAYMENTS COVERAGE - (2) Financial penalties imposed under a INCREASED LIMIT lease for excessive use, abnormal wear and tearer high mileage; If the "insured" Is wearing a seat belt at the time (3) Security deposits not returned by an "accident" occurs, the LIMIT OF INSUR- the lessor; ANCE for AUTOMOBILE MEDICAL PAYMENTS COVERAGE shown in the Declarations will be (4) Costs for extended warranties, double the limit shown. All other terms and con- Credit Life Insurance, Health, Acci- ditions applicable to MEDICAL PAYMENTS re- dent or Disability Insurance pur- main unchanged. chased with the loan or lease; and H. COVERAGE EXTENSION AS A CONSE- (5) Carry-over balances from previous QUENCE OF THEFT OF AN "AUTO" loans or leases. 1. Transportation Expense K. GLASS DEDUCTIBLE Section III — Physical Damage Coverage, Section III — Physical Damage Coverage, Para- Paragraph AA.a. Is deleted and replaced by graph D. is deleted and replaced by the follow- the following: Ing: a. We will also pay up to $75 per day to a D. DEDUCTIBLE maximum of $2,800 for temporary transportation expense Incurred by you For each covered "auto" our obligation to because of the total theft of a covered pay for, repair, return or replace damaged or "auto" of the "private passenger type". stolen property will be reduced by the appil- We will pay only for those covered "au_ cable deductible shown in the Declarations, tos" for which you carry either Compre- Any Comprehensive Coverage deductible hensiva or Specified Causes of Loss shown in the Declarations does not apply to: Coverage. We will pay for temporary 1. "Loss"caused by fire or fightn)ng;or transportation expenses Incurred during 2. "Loss"when you elect to patch or repair the period beginning 48 hours after the theft and ending, regardless of the poli- glass rather than replace. cy's expiration, when the covered "auto" L. EXTENDED COVERAGE - ELECTRONIC Is returned to use or we pay for its EQUIPMENT "loss". Paragraph C.2.a. Limits of Insurance of Section We will also pay reasonable and neoes- III—Physical Damage Coverage is deleted.: sary expenses to facilitate the return of the stolen"auto"to you. We will pay with respects to a covered"auto"for "loss" to antennas and other accessories neces- I. EXTENDED COVERAGE-AIRBAGS sary for use of the electronic equipment. How- Section III — Physical Damage Coverage, Para- ever, this does not include tapes, records or graph B.3.a. does not apply to the unintended discs, discharge of an airbag. Coverage Is excess over any other collectible insurance or warranty specifically designed to provide coverage. CW 34 68 0112 includes Copyrighted material of insurance Services Pago 2 of 5 Office,Inc.,with its permission I i C W P2923989 M. EXTENDED COVERAGE - PERSONAL EF- P. PHYSICAL DAMAGE COVERAGE - HIRED FECTS "AUTOS The following is added to Section III — Physical You may extend the Comprehensive, Specified Damage Coverage, Paragraph AA.: Causes of Loss and Collision coverages provid- ed on your owned "autos" to any "auto" you eyed "auto" maybe extended "loss" to lease, rent, hire or borrow from someone other your personal property or, if you are an than your employees or partners or members of individual, the personal property of a their households subject to the following: family member, that is in the covered 1. The most we will pay In any one "loss" is the "auto"at the time of"loss least of $100,000, the actual cash value of The most we will pay for any one "loss" the"auto"or the cost to repair or replace the re- under this coverage extension is$500. "auto", except that such amount will be re- duced by a deductible to be determined as N. TOWING AND LABOR COVERAGE follows: Section III — Physical Damage Coverage, Para- a. The deductible shall be equal to the graph A.2. is deleted and replaced by the follow- amount of the highest deductible shown 1ng: for any owned "auto" of the same classi- If aprivate passenger type "auto" or light truck fication for that coverage. In the event there is no owned "ante" of the same .auto" (0-10,000 Lbs. GVW) is provided both classification, the highest deductible for Comprehensive and Collision Coverage, we will any owned "auto" will apply for that cov- pay up to $150 for towing and labor costs in- erage. curred each time such "auto" Is disabled, if a medium, heavy or extra-heavy truck or extra- b. No deductible will apply to'loss* caused heavy Truck-tractor "auto" (greater than 10,000 by fire or lightning. Lbs. GVW)Is provided both Comprehensive and 2. Coverage provided under this extension will: Collision Coverage, we will pay up to $250 for towing and labor costs incurred each time such a. Be excess over any other collectible "auto" is disabled. However, the labor must be Insurance; performed at the place of disablement. b. Pay, In addition to the limit set forth in O. EXTENDED COVERAGE - CUSTOMIZED I above, up to $500 per day, not to FURNISHINGS exceed$3,500 per"loss"for: The following is added to Section III — Physical (1) Any costs or fees associated with Damage Coverage, Paragraph AA.: the "loss"to a hired "auto"; and e. Physical Damage Coverage on a cov- (2) Loss of use, provided it is the con- ered "auto" may be extended to "loss"to sequence of an "accident" for which custom furnishings Including, but not you are legally liable, and as a result limited to special carpeting and insula- of which a .monetary loss is sus- tion, height-extending roofs, and custom tained by the leasing or rental con- murals, paintings, or other decals or tern, graphics, custom signage and custom non-factory paint. O, RENTAL REIMBURSEMENT COVERAGE Our limit of liability for loss to custom We will pay for rental reimbursement expenses furnishings shall be the least of: incurred by you for the rental of an "auto" be. cause of"loss"to a covered"auto". (1) Actual cash value of the stolen or 1. Payment applies in addition to the otherwise damaged property; applicable amount of each coverage you (2) Amount necessary to repair or re- have on the covered"auto". place the property;or 2. No deductible applies to this coverage. (3) $1,000 3, We will pay only for those expenses incurred This coverage extension does not apply during the policy period beginning 24 hours to electronic equipment. after the"loss"and ending, regardless of the expiration date of the policy, with the lesser of the following: CW 34 68 01 12 Includes Copyrighted material of Insurance Services Page 3 of 5 Office,Inc.,with its permission CWP2923989 a, When the covered "auto" has been re- (b) Any "auto" used by that individual paired or replaced, or or his or her spouse white working aid under this In a business of selling, servicing, b. When the total amount p repairing or parking"autos". coverage extension reaches $2,500. 2. Changes in Auto Medical Payments And 4. Our payment is limited to the lesser of the Uninsured And Underinsured Motorists following amounts: Coverages a. Necessary and actual expenses in- The following Is added to Who Is An Insured: curred. Any individual named in R.1.a and his or her b. Not more than$75 per day. "family members"are "Insured" white "occupy- 5. We will pay up to an additional $300 for the Ing" or while a pedestrian when being struck reasonable and necessary expenses you in- by any"auto"you don't own except: cur to remove your materials and equipment Any "auto" owned by that Individual or by any from the covered "auto" and replace such "family member". materials and equipment on the rental "au- 3. Changes In Physical Damage Coverage to". Any private passenger type "auto" you don't .6. This coverage does not apply while there own, hire or borrow is a covered"auto"while In are spare or reserve"autos"available to you the care, custody or control of any Individual for your operations, named in R.1.a or his or her spouse while a 7. If'loss" results from the total theft of a cov- resident of the same household except: ered "auto" of the "private passenger type", a. Any "auto" owned by that individual or by we will pay under this coverage only that any member of his or her household. amount of your rental reimbursement ex- b. Any "auto" used by that Individual or his or penses which is not already provided for un- her spouse while working In a business of der the Physical Damage Coverage Exten- selling, servicing, repairing or parking "au- sion. tos". R. DRIVE OTHER CAR COVERAGE 4. The most we will pay for the total of all dam- 1. Changes In Liability Coverage ages under LIABILITY COVERAGE, AUTO MEDICAL PAYMENTS, UNINSURED MO- a. Any"auto"you don't own, hire or borrow Is TORISTS COVERAGE and UNDERIN- a covered "auto" for Liability Coverage SURED MOTORISTS COVERAGE is the while being used by: LIMIT OF INSURANCE shown in the Decla- (1) You, if you are designated in the rations as applicable to owned "autos". Declarations as an individual; 5. Our obligation to pay for, repair, return or (2) Your partners or members, if you replace damaged or stolen property under are designated in the Declarations PHYSICAL DAMAGE COVERAGE, will be ad a partnership or joint venture; reduced by a deductible equal to the amount 3 Your members or managers, ff you of the largest deductible shown for any O 9 Y owned private passenger type "auto" appli- are designated In the Declarations cable to that coverage. If there are no as a limited liability company; owned private passenger type "autos", the (4) Your "executive officers", if you are deductible shall be $50 for Comprehensive designed in the Declarations as an Coverage and $100 for Collision Coverage. organization other than an Individu- No deductible will apply to "loss" caused by al, partnership, joint venture or lim- fire or lightning, ited liability company;and E. Additional Definition (5) The spouse of any person named in As used in this section; R. DRIVE OTHER R.1.a.1. through RA.a.(4) while a CAR COVERAGE: resident of the some household. "Family member" means a person related to except; the individual named In RA.a by blood, mar- (a) Any "auto"owned by that Indivldu- rlage or adoption who Is a resident of the Indl- al or by any member of his or vidual's household, Including a ward or foster her household. child. CW 34 66 0112 Includes Copyrighted material of Insurance Services Page 4 of 5 Office,Inc.,with its permission CWP2923989 S. KNOWLEDGE OF OCCURRENCE T. WAIVER OF SUBROGATION BY CONTRACT The following is added to Section IV— Business OR AGREEMENT Auto Conditions, Paragraph A.2.: The following is added to Section IV- Business d. Notice of an "accident" or "loss" will be Auto Conditions, Paragraph A.5.: considered knowledge of yours only if We waive any right of recovery we may have reported to you, if you are an individual, against any "insured" provided coverage under a partner, an executive officer or an am- this endorsement under B., ADDITIONAL IN- ployee designated by you to give us SURED BY CONTRACT OR AGREEMENT, but such notice. only as respects "loss" arising out of the opera- s. Nonce of an "accident" or "loss" to your tion, maintenance or use of a covered "auto" Workers Compensation insurer, for an pursuant nt the provisions t, conditions of the event which later develops into a claim written contract or agreement, for which there is coverage under this U. UNINTENTIONAL OMISSIONS policy, shall be considered notice to us, The following is added Section IV - Business but only if we are notified as soon as Auto Conditions, Paragraph B.2.: you know that the claim should be ad- dressed by this policy, rather than your We will not deny coverage under this policy If Workers Compensation policy. you fail to disclose all hazards existing as of the f. Your rights under this policy shall not be inception date of the policy, provided such fail- prejudiced if you fail to give us notice of ure is not intentional. an "accident" or "loss", solely due to V LIBERALIZATION your reasonable and documented belief If we revise this endorsement to provide greater that the event is not covered by this pol- icy. coverage without additional premium charge,we will automatically provide the additional cover- I The following is added to Section IV—Busk age to all endorsement holders as of the day the ness Auto Conditions, Paragraph 2.b.: revision is effective in your state, (6) Knowledge of the receipt of docu- ments concerning a claim or "suit" will be considered knowledge of yours only If receipt of such docu- ments Is known to you, If you are an Individual, a partner, an executive officer or an employee designated by you to forward such documents to us. i CW 34 68 01 12 Includes Copyrighted material of Insurance Services Pago 5 of 5 Office,Inc.,with Its permission i � it o !, 9 a x c a y ro ,a �, ao c� Per uCw local sites BUSINESS LICENSE and use taxx tou must be coded LICENSE MUST BE RENEWED ANNUALLY BY No. 1715 for all qualified • JANUARY 31 TO AVOID PENALTY soles within file city of KEN T Kent. of License Does Not Imply Licensee's wA s H i e c.o u Compliance lvith State and Local Laws THIS LICENSE MUST BE POSTED IN A CONSPICUOUS Year : 20-14 PLACE.NOT TRANSFERABLE OR ASSIGNABLE � NAME AND ADDRESS OF BUSINESS �`af BLC-9113216 SKIS PAINTING MAYOR 7235 S 227 PL 8103 The City of Kent KENT, OVA 98032 At 220 urn AVE so KENT,NAsjuNG roN 9sm2 I i l i REQUEST FOR MAYOR'S SIGNATURE ,-,. T Please Fill in All Applicable Boxes ,<>` f� ( sviewekt Director Originator's Name: Matt Knox Dept/Div. Engineering Extension: 5551 Date Re uired. 5/A5 Date Sent: ur�la%a� _ _ A- Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/14 VENDOR: Ski's Painting, Inc. DATE OF COUNCIL APPROVAL: n/a ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached agreement is for Ski's Painting to paint three observation towers at the Green River Natural Resources Area. For additional information, see the attached memo from Matt Knox. I All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) li Received: `�° �� ^`$«x � xi fr X /w. rt Approval of Law Dept.; lP�s' Comments: T�,Law De t. Cts:p p'j n � ti11 Date Forwarded to Mayor: t`t u Shaded Areas To Be Completed By Administration Staff Received: REECEIVED Recommendations and Comments: VjAY 1: , 2,014 f r r Disposition: t F art oFKENT CITY CLERK f Date Returned: