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HomeMy WebLinkAboutPK15-192 - Original - Goodbye Graffiti - Arbor Heights Skate Park Graffiti Removal - 05/27/2015 R,, ecords eme KENT Document WASHINGTON a ent 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: `Goodbye Graffiti- Vendor Number:' 176337 JD Edwards Number Contract Number: h1Ll This is assigned by City Clerk's Office Project Name: 360 Graffiti Removal Description: p Interlocal Agreement ❑ Change Order ElAmendment S Contract ❑ Other: Contract Effective Date: July 1 2015 Termination Date: June 30, 2017 Contract Renewal Notice (Days): 30 Number of days required notice for termination or renewal or amendment Contract Manager: Justin Oliver Department: Parks Operations Contract Amount: $11,799.72 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Arbor Heights 360 Skate Park 11525 SE 2401h St Kent, WA 98032 As of: 08/27/14 KEN T WAS R I N G T.O N GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE between the City of Kent and Goodbye Graffiti THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Goodbye Graffiti 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: i Work to be performed at Arbor Heights 360 Skate Park located at: 11525 SE 240th St. Kent, WA 98032 All work is to be performed to normal practices of the trades and manufacturer specifications of all materials used: Exact specifications to be confirmed by City of Kent project manager on site with contractor. Perform the following services: • - Weekly full site inspections • Removal of all graffiti up to 10 feet from ground level _except on restroom structure Digital pictures of all removals • Monthly service summary • Unlimited on call service with 36 hour response timeWork to be done as described in vendors proposal dated March 19t", 2015 attached and incorporated as Exhibit A. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or; services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by June 31, 2017. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 1 (Over$10,000.00, including WSST) i III. COMPENSATION. -The City shall pay the Vendor an amount not to exceed Eleven Thousand Seven Hundred Ninety Nine Dollars and Seventy Two Cents ($11,799.72), including 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: 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. 5108 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. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 2 (Over$10,000.00, including WSST) B. The Vendor maintains and pays for its 'own place of business from which Vendor's services under this Agreement will be performed. i C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its 'business and established an account with the state Department of Revenue and other state agencies as may be required 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 - i 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 p'rovide'd 'in subsections A through'; E of Section VII, Claims, below. The Vendor accepts all requirements of a chang e order b 1 endorsing it ' 2 writing a p q 9 Y O 9 ,,O 9 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 GOODS &'SERVICES AGREEMENT FOR ORDINARY MAINTENANCE 3- (Over$10,000.00, including WSST) section. The Vendor shall give Written notice to the City ;of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise', shall be conclusively deemed to have been waived by the Vendor unless' a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A. items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY -CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. 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 q J for work or time by an equitable ad'ustment. 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 i GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 4 (Over$10,000.00, including WSST) -THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLESTATUTORY LIMITATIONS PERIOD. X. WARRANTY. Vendor warrants that it will faithfully' and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty- provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the 'defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts sh';all 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 an additional year beyond the origin. warranty period applicable to the overall work. 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 thel 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. XIM, 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. In the event Vendor 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 Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable GOODS &SERVICES AGREEMENT FOR ORDINARY MAINTENANCE 5 (Over$10,000.00, including WSST) expert witness fees and 'reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. 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. XV. MISCELLANEOUS PROVISIONS. A.z 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 con§truedl 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 claiml or lawsuit for damages arising from the pasties' performance of this Agreement, each party shall pay all its legal costs and attorneys 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' A' 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. GOODS &SERVICES AGREEMENT FOR ORDINARY MAINTENANCE 6 (Over$10,000.00, including WSST) F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and Signed by a duly authorized`representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and- municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 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.' 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. VENDOR: CITY'OF KENT: By: By: (signature) (signature) Print Name: 6,s412.c- Pr'n a • Suzette Cooke Its Sy�P�Po12-'tom 1? C� NT Its Mayor tie) DATE: M i ` DATE: 7 /S _ NOTICES TO BE SENT TO: NOTICES TO BE SENT TO VENDOR: CITY OF KENT: Laurie Spivack Greg Highsmith _Goodybye Graffiti City of Kent 1115 South Walker Street 220 Fourth Avenue South Seattle, WA 98134 Kent, WA 98032 (206)720-4777 (telephone) (253) 740-7081 (telephone) (206)328-7029 (facsimile) (253) 630-0670 '(facsimile) 'GOODS &SERVICES AGREEMENT FOR ORDINARY MAINTENANCE 7 (Over$1(J,000.00, includingWSST) APPROV D AS TO F RM: ov Kent Law Department P:\Maintenance\East Hill Parks Operations\Arbor Heights 360\Graffit Contract 2015 GOODS &'SERVICES AGREEMENT FOR ORDINARY MAINTENANCE= 8 (Over$10,000.00, including WSST) i 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 disabilty.- 3. Du'ring 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. Durin the time of the Agreement I the rime contractor, will active) consider hiring and 9 9 P � Y 9 p romotion 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: For 'c`,O17 Title SyP�p�2.-ice �It Q �'� 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 th'e City"s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. i 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 9 Y P g Company, hereby acknowledge and declare that the before-mentioned company was the prime „�00 C� t i� contractor for the Agreement known as that was entered into on the Nl ��� (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 i i i EEO COMPLIANCE DOCUMENTS 3 of 3 Goodbye Graffiti Inc. - ClickoffTM Proposal #78071197 Page 1 of 1 - Goodbye Graffiti ' WORLD'S LARGEST GRAFFITI REMOVAL COMPANY ClickoffTM Proposal March 19,2016 Location:SE 240th/116th Ave.SE Net 30 Days Kent,WA Client:City of Kent Proposal#78071197 Attn:Justin Oliver REP:Laurie Soivack Address: Postal Code:98032 Phone: REGARDING Ever Clean Program Proposal COMMENTS YOUR PROGRAM INCLUDES THE SKATE BOWL UP TO 10111111p1U1111'FROM STANDING AND ALL OTHER STRUCTURES UP TO 10111'FROM THE GROUND EXCEPT COMFORT STATION.NOTE:Goodbye Graffiti uses best environmental practices meaning we do not let our water go down the storm drain.We have been given a 5-star designation by King County Hazardous Waste Division. Item:Ever-Clean Program Membership Includes: -4 patrols per month Rate: $449.00 all graffiti removal up to 10 feet from ground level -digital pictures of all graffiti -online service summary YES,include Ever-Clean in my package -spectrometer paint matching NO,not this time -unlimited on-call -36 hour response time -needed coating,applications -GIS and satellite radio dispatch quarterly billing Sub Total: 0.00 Total: $0.00 Please call me Decline with more details Accept Add PO#or WO# View website Franchise Current Special Print Opportunities http://clickoffgoodbyegraffiti.com/public/view estimate.php3?key=.. 5/13/2015 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 Oland 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`prod ucts-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 ag ainst whom claim is made or suit is brought, except:with respects to the limits of the insurer's liability. D. Acceptability of'Insurers Insurance is to :be placed with insurers with a current A.M. Best rating of not less,than A;VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additiona, lr 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. GOOD13-1 OP ID.AS ACORL7® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 05/07/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT"AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ` BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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 Nicholson&Associates Phone:360-352-8444 NAME: Cindy Chambers 1802 Black Lake Blvd.SW Fax:360-943-9712 a/CNN Ext:360-352-8444 F IC No):360-943-9712 Olympia,WA 98512 E-MAIL d Cindy Chambers ADDRESS:cindy@nichinsure.com i INSURER(S)AFFORDING COVERAGE NAIC# t INSURER A:Western National insurance 15377 INSURED Clean Streets,Inc. INSURER B DBA: Goodbye Graffiti 1115 S Walker Street INSURER C: Seattle,WA 98144 INSURER D i_ INSURER E INSURER F ;COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,'TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED'BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I EXP LTR TYPE OF INSURANCE DDL UBR POLICY NUMBER MM DDIYLICY EYYY MM DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X CPP1099613 09/01/2014 09/01/2015 DAMAGE TO REM=;PREMISES Ea occurrence $ 100,000 CLAIMS-MADE"�OCCUR MED EXP(Any one person) $ 6,000 I PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 PRO- X POLICY JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ A X' ANY AUTO X CPP1099219 09/01/2014 09/01/2015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS AUTOS _ ( ) NON-OWNED - PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident) $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB CLAIMS-MADE UMB1016405 09/01/2014 09/01/2015 AGGREGATE $ - 1,000,000 DED I X I RETENTION$ 10,000 $ AND EMPLO ERS'L ABILIITY Y/N ORY LIMITSX ER A ANY PROPRIETOR/PARTNER/EXECUTIVE CPP1099613 09/0V2014 09/01/2015 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) WA STOP GAP E.L.DISEASE-EA EMPLOYEE $ 1,000f000 If es,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Project Arbor Heights 360 Skate Park, 11525 SE 240th St, Rent Wa 98032 - City of Kent is hereby named additional insured with respects to any job performed by the named insured on their behalf. Coverage is Primary and Non-Contributory. Per Project Aggregate applies. -30 days written notice of cancellation. CERTIFICATE HOLDER CANCELLATION CITY023 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE` WILL BE DELIVERED IN City Of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 1115 So Walker St Seattle,WA 98134 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD WN GL 39 0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY f PP 9q COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT J Cl C?Ci This endorsement modifies the insurance provided under the following: 1A m�� i Cal ce4bs COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of:the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown SECTION 1-COVERAGES AMENDMENTS - (5) "Bodily injury" or "property damage arising out of: COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY {a} The operation of machinery or equip- ment that is attached to, or part of, a A. Non Owned Aircraft Or Watercraft land vehicle that would qualify under the Item 2.Exclusions,Paragraph g. is replaced by the definition of"mobile equipment"if it were following: not subject to a compulsory or financial g. Aircraft,Auto Or Watercraft responsibility law or other motor vehicle insurance law in the state where it is "Bodily injury' or "property damage" arising out licensed or principally garaged; or of the ownership, maintenance, use or entrust- ment to others of any aircraft, "auto" or water- (b) The operation of any of the machinery craft owned or operated by or rented or loaned or equipment listed in Paragraph f. (2) to any insured. Use includes operation and or f. {3} of the definition of "mobile "loading or unloading" equipment". This exclusion applies even if the claims against B. Damage To Property Coverage Extensions any insured allege negligence or other wrong- Item 2. Exclusions, Paragraph j. is replaced by the doing' in the supervision, hiring, employment, following: training or monitoring of others by that insured, if he"ocWrrence"which caused the"bodily injury'' 7. Damage To Property t "Property damage"to: o "p p rty damage" involved in the ownership, r ro e maintenance, use or entrustment to others of (1) Property you own, rent, or occupy, including any aircraft, "auto" or watercraft that is owned or any costs or expenses incurred by you, or ooerat6d by or rented or loaned to any insured any other person, organization or entity, for This exclusion does not apply to: repair, replacement, enhancement, restora- (1) A watercraft while ashore on premises you tion or maintenance of such property for any reason, including prevention of injury to a own or rent; person or damage to another's property; (2) A watercraft you do not own that is: (2) Premises you sell, give away or abandon, if (a) Less than 50 feet long;and the"property damage"arises out of any part (b) Not being used to carry persons or prop of those premises; erty for a charge; (3) Property loaned to you; This Subparagraph (2) applies to any per (4) Personal property in the care, custody or son, who with your expressed or implied control of the insured; consent, either uses or is responsible for the (5) That particular part of real property on which use of the watercraft; you or any contractors or subcontractors (3) Parking an"auto"on, or on the ways next to, working directly or indirectly on your behalf premises you own or rent, provided the are performing operations, if the "property "auto"is not owned by or rented or loaned to damage arises out of those operations; or you or the insured; (6) That particular part of any property that must (4) Liability assumed under any "insured con be restored, repaired or replaced because tract'for the ownership, maintenance or use "your work"was incorrectly performed on it. of aircraft or watercraft;or WN GL 39 03 10 Includes copyrighted material of Insurance Services office,with its permission Page 2 of 6 WN GL 39 0310 Paragraphs (1), (3) and (4) of this exclusion do not C. Damage To Premises Rented To You apply to "property damage" (other than damage by item 2. Exclusions,the last paragraph is replaced fire, lightning, explosion or sprinkler leakage) to by the following: premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive Exclusions c.through n. do not apply to damage by days. A separate limit of insurance applies to Dam fire, lightning, explosion or sprinkler leakage to age To Premises Rented To You as described in premises while rented to you or temporarily occupied SECTION III LIMITS OF INSURANCE. However, by you with permission of the owner. A separate the provisions of this paragraph do not apply if cov- limit of insurance applies to this coverage as de erage for Damage To Premises Rented To You is scribed in Paragraph 6.of SECTION III—LIMITS OF excluded by endorsement. INSURANCE. Paragraph (2) of this exclusion does not apply if the COVERAGE B PERSONAL AND ADVERTISING premises are"your work" and were never occupied, INJURY LIABILITY rented or held for rental by you. D. Personal And Advertising Injury Paragraphs(3)and(4)of this exclusion do not apply item 2. Exclusions is amended by replacing Sub- to the use of elevators. paragraphs b.and c.with the following: Paragraphs (3), (4), (5) and (6) of this exclusion do b. Material Published With Knowledge Of not apply to 'liability assumed under a sidetrack Falsity agreement. Paragraph (4) of this exclusion does not apply to "Personal and advertising injury" arising out of "property damage" to borrowed equipment while not oral, written, televised, videotaped or electronic publication of material, if done by:or at the direc- being used to perform operations at the jobsite. tion of the insured with knowledge of its falsity. Subject to Paragraph 2. of SECTION III — LIMITS OF INSURANCE, the rules below fix the most we c. Material Published Prior To Policy Period will pay for"property'damage" under this provision: "Personal and advertising injury" arising out of (1) '',$25,000 any one"occurrence", regardless of the' oral, written, televised, videotaped or electronic number of persons or;organizations who sustain publication of material whose first publication damages because of that"occurrence"; took place before the beginning of the policy'pe- rind. (2) 150,000,annual aggregate;'and (3) ',We will pay only for damages in excess of` SUPPLEMENTARY PAYMENTS COVERAGES A $2,500 as a result of any one "occurrence", re AND B gardless of the number of persons or organiza E. 'Supplementary Payments-Coverages A and B tions who sustain;damages because of that"oc- Item 1. is amended by replacing Subparagraphs b. or rehce". 'We may, or if required by law, pay all y part of any deductible amount, if applica and I.with the following: ble, to effect settlement of any claim or "suit". b. Up to $5,000 for cost of bail bonds required be Upon' notice of our,! payment of a deductible cause of accidents or traffic law violations aris- amount, you shaill promptly reimburse us for the ing out of the use of any vehicle to which the part of the deductible'amount we paid:- Bodily Injury Liability Coverage applies. We do Paragraph (6) of this exclusion does not apply to not have to furnish these bonds. "property damage' 'included in the "products-com- d. All reasonable expenses incurred by the insured pleted operations hazard". at our request to assist us in the investigation or The insurance provided for "property damage" from defense of the claim or "suit", including actual use of elevators and for "property damage" to loss of earnings up to $500 a day because` of the time off from work. borrowed',equipment is excess over any other valid and collectible property insurance (including any de- ductible tible ;portion' thereof)` available to the insured whether primary, excess, contingent or on any other basis. WN GL 39 0310 Includes copyrighted material of Insurance Services Office,with its permission Page 3 of 6 WN GL 39 0310 . SECTION 11-WHO IS AN INSURED AMENDMENTS d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, A. Employee Bodily Injury To A Co-Employee testing, or the substitution of parts under in Paragraph 2.a.(1)is replaced by the following: structions from the manufacturer, and then (1) "Bodily injury or "personal and 'advertising repackaged in the original container; injury": e. Any failure to make such inspections, adjust- (a) To you, to your partners or members (if you ments, tests or servicing as the vendor has are a partnership or joint venture), to your agreed to make or normally undertakes to members (if you are a limited liability com make in the usual course of business, in pany), or to your other "volunteer workers" connection with the distribution or sale of the while'performing duties related to the con- products; duct of your business; f. Demonstration, installation, servicing or re- (b) For which there is any obligation to share pair operations, except such operations damages with or repay someone else'who performed at the vendor's premises in con must 'pay,'damages because of the injury nection with the sale of the product; described in Paragraph(1)(a)above; or: g. Products which, after distribution or sale by (c) Arising out of his or her providing or failing to you, have been labeled or relabeled or used provide professional health care services. as'a container, part or ingredient of any B. Newly Acquired Organizations other thing or substance by or for the ven- dor;or Paragraph 3.a. is replaced by the following: h. 'Bodily injury or "property damage" arising a. Coverage under this provision is afforded only out of the sole negligence of the vendor for until the 18ot" ay after you acquire'or form the its own acts or omissions or those of its em- organization or the end of the policy period, ployees or anyone else acting on its behalf. whichever is earlier; However, this exclusion does not apply to The following are added: ('I) The exceptions contained in Subpara C. Blanket'Additional Insured Vendors-- As Re- graphs d.or f.;or quired By Contract` ✓ (2) Such inspections, adjustments, tests or Section 11 —Who Is An Insured is amended to in servicing as the vendor has agreed to j clude as an additional insured any person(s) or or make or normally undertakes to make in ganization(s) (referred to below as vendor) with the usual course of business, in con whom you have agreed in a written contract,,exe- con- nection with the distribution or sale'of cuted prior to loss, to name as an additional,insured, the products. but'onl with respect to "bodily injury" or ro ert 2. This Provision C.does not a Y p Y "property Y pply: damage"'arising out of "your_products" which are a. To any insured person or organization from distributed or sold in the regular course of the ven whom you have acquired such products, or dor's business, subject to the following additional any ingredient, part or container, entering exclusions: into, accompanying or containing such 1. The insurance afforded the vendor does not ap products; ply to: b. To any Vendor for which coverage as an a. "Bodily injury" or "property damage" for additional insured specifically is scheduled which the vendor is obligated to pay dam by endorsement;or ages by reason of the assumption of liability c. When liability included within the "products- in a contract or agreement. This exclusion completed operations hazard has been ex- does not apply to liability for damages that eluded for such product either by the provi- the vendor would have in the absence of the sions of the coverage part orr by endorse- contract or agreement; ment. b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; I - WN GL 39 03 10 Includes copyrighted material of Insurance Services office,with its permission Page 4 of WN GL 39 0310 D. Blanket Additional Insured Lessor Of Leased 2• This insurance does not apply to: Equipment a. "Bodily injury" „property damage" or "per- 1. Section lI—Who Is An Insured is amended to sonal and advertising;injury arising out of , include as an additional insured any person or operations performed for the federal govern- organization from whom you lease equipment ment, state or municipality;or when you and such person or organization have b. 'Bodily injury" or "property damage" in- agreed in writing in a contract or agreement, eluded within the "products-completed ,op- executed prior to loss, that such person or or erations hazard ganization be added as an additional insured on your policy. Such person or organization is an G. Blanket Additional Insured State Or insured only with respect to liability for "bodily Governmental Agency Or Subdivision Or Politi- injury", "property damage" or "personal and ad cal Subdivision — Permits Or Authorizations Re- vertising injury" caused, in whole or in`part, by dating To Premises your maintenance, operation or use of equip Section 11 —Who Is An Insured is amended to in- ment leased to you by such person or organiza elude as an insured any state or governmental tion. agency or subdivision or political subdivision with A person's or organization's status as an addi- whom you have agreed in a written contract, exe- tional insured under this endorsement ends cuted prior to loss, to name as an additional insured, when their contract or agreement with you for subject to the following provision: such leased equipment ends. This insurance applies only with respect to the.fol 2. With respect to the insurance afforded to these Towing hazards for which the state or governmental additional insureds, this insurance does not ap- agency or subdivision or political subdivision has is- ply to any,"occurrence" which takes place after sued a permit or authorization in connection with the� equipment lease expires. remises ou own rent or control and to which`this p y , E. Blanket Additional Insured - Managers Or Les- insurance applies: sors Of.Premises 1. The existence, maintenance, repair, construc- Section II Who Is An Insured is amended to in- tion, erection or removal of advertising signs, s awnin ie cellar entrances, coal holes, elude as an insured any person or organization with g cano p s, whom you have agreed in a written contract, exe driveways, manholes, marquees, hoist away cuted prior to loss, to name as an additional insured, openings, sidewalk vaults, street banners or but only'with ;respect to liability arising out of the decorations and similar exposures; or ownership, ,maintenance or use of that part of the 2. The construction,'erection or removal of eleva- premisesi leased to you, subject to the following tors; or additional exclusions: 3. The ownership, maintenance or use of any ele This insurance does not apply to: vators covered by this insurance. 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. SECTION III LIMITS OF INSURANCE AMEND- 2. Structural alterations, new construction or MENTS demolition operations performed by or on behalf. i A. Damage To Premises Rented To You of suchladditionaI insured. Paragraph 6.is replaced by the following: F. Blanket Additional Insured — State Or 6. Subject to Paragraph S. above, the most we will I'I Governmeillntal Agency Car Subdivision Or Politi- pay under Coverage A for damages because of cal Subdivision—Permits Or Authorizations "property damage to .any one premises, while Secti'a'n II -Who Is An Insured is amended to in rented to you, or in the case of damage by fire, l elude, as' an insured any state or 9 overnmental p lightning, explosion or sprinkler leakage, while agency or subdivision or olitical subdivision with rented to you or temporarily occupied by you , who you ;have lilagreed in a written contract, exe- with permission of the owner is the,greater of: cuted prior to loss to name as an additional insured; a. $300,000; or subject to the following provisions: b. The amount shown next to the Damage To 1. Tliisl'insurance applies only with respect to op- Premises Rented To You Limit in the Decla- erations'-performed by you or on your behalf for rations. which the state or governmental agency or sub division or political subdivision has issued a However, the provisions of this paragraph do not permit or authorization. apply if Damage To Premises Rented To You Coverage is excluded by endorsement. WN GL 39 0310 Includes copyrighted material of Insurance Services Office,with its permission Page 5 of 6 WN GL 39 0310 B. Medical Expense Limit b. If you unintentionally fail to disclose any haz- Paragraph 7.is replaced with the following: ards existing at the inception date of your 7. Subject to Paragraph S. above, the most we will policy, we will not deny coverage under this Coverage Part because of such failure. pay under Coverage'C for all medical expenses However, this provision does not affect our because of"bodily Injury" sustained by any one right to collect additional premium' or exer- person is the greater of: cise our right of cancellation or non-renewal. a. $10,000; or b. The amount shown next to the Medical Ex D. Waiver of Subrogation pense Limit in the Declarations. SECTION IV— COMMERCIAL GENERAL LIABIL- This insurance does not apply if coverage for ITY CONDITIONS, 8. Transfer of Rights of Re- Medical Expenses is excluded either by the pro covery Against Others to Us-is hereby amended visions of the coverage part or by endorsement. by the addition of the following: We waive any'right of recovery we may have,be- cause of payments we make for injury or damage SECTION IV — COMMERCIAL GENERAL LIABILITY arising out of your ongoing operations or"your work" CONDITIONS AMENDMENTS done under a written contract, executed prior to loss, A. Knowledge Of Occurrence requiring such waiver'with that person or organiza- Item 2. Duties In The Event Of Occurrence, Of- tion and included in the "products-completed opera- fense, Claim or Suit is'amended'by adding the fol bons hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the lowing: injury or damage for which we make payment under e. You must give us or our authorized representa- this Coverage Part. ::Ther insured must do nothing tive i prompt notice of an "occurrence", claim or after'a loss to impair our rights. :At our request, the loss only when the"occurrence", claim or loss is insured will bring "suit' or transfer those rights tows known to: and help us enforce those rights. (1) ,You, if you are an individual; {2} A partner, if you are a partnership; SECTION V-DEFINITIONS AMENDMENTS (3) An executive officer or insurance manager, if you are a corporation;or A. Bodily Injury Redefined {4} A member or manager, if you are a limited Paragraph 3. "Bodily injury" is replaced by the fol- liability company. lowing: 3. "Bodily injury" means bodily injury, sickness or B , Other Insurance disease sustained by a person, including death Items 4. Other'Insurance, b. Excess Insurance (1) resulting from any of these at any time. "Bodily {a}{ii}is reeplaced by the following: injury includes mental anguish or other mental {ii} That is fire, lightning, explosion or sprinkler leak injury resulting from such bodily injury. age ''insurance for premises rented to you or B. Insured Contract Amended temporarily occupied by you with permission of the owner; Paragraph 9.a.is replaced by the following: a. A contract for a lease of premises. However, C. Unintentional Failure To Disclose Hazards that portion of the contract for a lease„of,prem- Paragraph 6. Representations is replaced by the ises that indemnifies any person or organization following: for damage by fire, lightning, explosion or sprin 6. Representations And Unintentional Failure tiler leakage to premises while rented to you or To Disclose Hazards temporarily occupied by you with permission of a the owner is not an"insured contract"; . By accepting this policy, you agree: {1) The statements in the Declarations are C. Personal And Advertising Injury Redefined accurate and complete; Paragraph 14.d. and e. are replaced'by the follow- (2) Those statements are based upon Ing: representations you made to us; and d. Oral, written, televised, videotaped or electronic (3) We have issued this policy in reliance P r libels a publication of material that slanders o upon your representations. person or organization or disparages a person's or organization's goods, products or service; e. Oral, written, televised, videotaped or electronic publication of material that violates a, person's right of privacy; WN GL'39 03 10 Includes copyrighted material of Insurance Services office,with its permission Page 6 of 6 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT-AGGREGATE LIMITS OF. INSURANCE PER PROJECT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL-LIABILITY<COVERAGE PART. The General Aggregate Limit under LIMITS'OF,INSURANCE(SECTION III)applies separately to each of your projects away from premises owned by or rented to you. 1 ; t , j } CG 25'031185 Copyright,Insurance Services Office, Inc., 1984 D COMMERCIAL GENERAL LIABILITY CG 00 01-12 07 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. b. This insurance applies to "bodily-injury" and Read the entire policy carefully to determine rights, "property damage"only if: duties and what is and is not covered. (1) The "bodily injury"or "property damage" is Throughout this policy the words "you" and "your" caused by an "occurrence"that takes place refer to the Named Insured shown in the Declarations, in the"coverage territory"; and any other person or organization qualifying as a (2) The "bodily injury" or "property damage" Named Insured under this policy. The words "we", occurs during the policy period; and "us" and "our" refer to the company providing this insurance. (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II — Who Is The word "insured" means any person or organization An Insured and no "employee" authorized qualifying as such under Section II Who Is An In by you to give or receive notice of an "oc In- sured. currence" or claim, knew that the"bodily in Other words and phrases that appear in quotation jury" or"property damage" had occurred, in marks have special meaning. Refer to Section V whole or in part. If such a listed insured or s Definitions authorized "employee" knew, prior to the SECTION I—COVERAGES c policy period, that the "bodily' injury" or s COVERAGE A BODILY INJURY AND PROPERTY`- property damage" occurred, then any con € tinuation, change or resumption of such i DAMAGE LIABILITY "bodily injury" or "property;damage" during 1. Insuring Agreement or after the policy i period will be deemed to t a'. We will pay those sums that the insured be- have been known prior to the policy period. comes legally obligated, to,,pay as damages c. "Bodily injury", or "property 'damage" which because of bodily injury or property damage occurs during the policy period and was not, to which this insurance_applies. We will have prior tol.the policy, period, known to have oc- the right and duty to defend the insured against curred by any insured listed under;Paragraph any 'suit" seeking those damages. However, 1. of Section II —'Who Is An Insured or any we will have ,nog duty to defend the insured "employee" authorized by you to give or re against any "suit seeking damages for"bodily ceive notice of an "occurrence" or claim, in injury" or,"property damage" to which this in- cludes any continuation, change or resumption surance does not apply. We may, at our discre- of that ''bodily injury or,-property damage" of tion; investigate any "occurrence" and settle ter the end of the policy period: any claim or It that may result. But: d. "Bodily.injury or "property damage" will be (1) The amount we will pay for damages is deemed to have been known to have occurred limited as described in Section III — Limits at the earliest time when any insured listed un- Of Insurance; and der Paragraph'1. of Section II Who Is An In- (2) Our right and duty to defend ends when we sured or any"employee authorized by you to F have ,used up the applicable limit of insu- give or receive notice of an occurrence or ance in the payment of judgments or set- claim: g p y p "bodily injury„ � tlements under Coverages A or B or medi- (1) Reports all; or an art of the cal expenses under Coverage C. or"property damage" to us or any other in- No other obligation or liability to pay sums or surer; perform acts or services is covered unless ex- (2) Receives a written or verbal demand or plicitly provided for;under Supplementary Pay- ments—Coverages'A and B. injury"or"property damage"; or (3) Becomes aware by any,other means' that "bodily injury" or"property damage" has oc- curred or has begun to occur: CG 00 01`12 07 ©ISO Properties,Inc., 2006 Page 1 of 16 ❑ f! e. Damages because of "bodily injury" include c. Liquor Liability damages claimed by any person or organiza- "Bodily;injury" or "property damage" for which tion for care, loss of services or death resulting at any time from the"bodily injury any insured may be held liable by reason of: 2. Exclusions - (1) Causing or contributing to the intoxication of any person; This insurance does not apply to: (2) The furnishing of alcoholic beverages to a a. Expected Or Intended Injury person under the legal drinking age or un- "Bodily injury or"property damage" expected der the influence of alcohol; or or intended from the standpoint of the insured. (3) Any;statute, ordinance or regulation relating This exclusion does not apply to "bodily`injury" to the sale, gift, distribution or use of alco- resulting from the use of reasonable force to holic beverages. protect persons or property. This exclusion applies only if you are in the b. Contractual Liability business of manufacturing, distributing, selling, "Bodily injury or "property damage" for which serving or furnishing alcoholic beverages. the insured is obligated to pay damages by d. Workers'Compensation And Similar Laws reason of the assumption of liability in a con- Any obligation of the insured under a workers' tract or agreement. This exclusion does not compensation; disability benefits or unem- apply to liability for damages: ployment compensation law or any similar law; (1) That the insured would have in the absence e. Employer's.Liability of the contract or agreement; or (2) Assumed in a contract or agreement that is "Bodilytinjury"'to: „ an "insured contract", provided the "bodily (1) An employee of the insured arising out of injury" or '`property damage" occurs subse- and in the course of: ;quent to the execution of the contract or (a) Employment by the insured; or agreement'! Solely for the purposes of liabil- (b) Performing duties related to the conduct ity, assumed in an "insured contract", rea- of the insured's business; or sonable attorney fees and necessary litiga- tion expenses incurred by or for a party (2) The spouse, child, parent, brother or sister other than an insured are deemed to be of that "employee" as a consequence of damages !because of "bodily injury" or Paragraph(1)above.' property damage", provided: This exclusion applies whether the insured (a) Liabilityto such party for, or for the cost may be liable as an employer or in any other of than patty's defense has also been capacity.and to any,obligation to share dam- assumed in'the same"insured contract"; ages with or repay someone else who must and Pay damages because of the injury. (b) Such attorney fees and litigation ex- This exclusion does not apply to liability as- penses' are for defense of that party sumed by the insured under an "insured con- against a 'civil 'or alternative dispute tract resolution proceeding in which damages to which this insurance applies are al- leged. Page 2 of 16 ©ISO Properties,`Inc., 2006 CG 00 01 12 07 ❑ f. Pollution (d) :At or from any premises, site or location (1) "Bodily injury or"property damage`' arising on which any insured or any contractors out of the actual, alleged or threatened dis- or subcontractors working directly or in- charge, migration, re- directly on any insured's behalf are per- :charge, dispersal, g lease or escape of"pollutants": forming operations if the "pollutants" are brought on or to the premises, site or lo- (a) At or from any premises, site or location cation in connection with such opera- which is or was at any time owned or tions by such insured, contractor or sub- occupied by, or rented or loaned to, any contractor. However, this subparagraph insured. However, this subparagraph does not apply to: does not apply to: (i) "Bodily injury" or "property damage" (i)' "Bodily injury" if sustained within a arising out of the escape of fuels, lu- building and caused by smoke, bricants or other operating fluids fumes, vapor or soot produced by or which are 'needed to perform the originating from equipment that is normal electrical, hydraulic or me- used to heat, cool or dehumidify the chanical functions 'necessary for the building,or equipment that is used to operation of "mobile equipment" or heat water for personal use, by the its parts, if such fuels, lubricants or building's occupants or their guests; other operating fluids escape from a (ii) "Bodily,injury" or "property damage" vehicle part designed to hold, store for which you may be held liable, if or receive them. This exception does you are a contractor and the owner not apply if the "bodily injury.' or or,lessee of such premises, site or "property damage" arises out 'of:,the location has been added to your pol- intentional discharge, dispersal.or re- icy as an additional insured with re- lease of the fuels, lubricants or other spect to; your ongoing operations operating`fluids, or 'if, such fuels, lu- performed for that additional insured bricants or other operating fluids are at'that premises, site or location and brought on onto the premises, site or such premises, site or location is not location 'with the intent that they be and never was owned or occupied discharged,dispersed or released as by, or rented or loaned to, any in- part of the operations being' per.- sured, other than that additional in- formed by such insured, contractor sured; or or subcontractor; (Ili) "Bodily injury" or "property damage" (ii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes sustained' within a building and from a"hostile fire' caused by the release of gases, (b) At or from any premises, site or location fumes or vapors from materials which is or was at any time used by or brought into that building'in connec- for any insured or others for the han- tion with operations being performed dling, storage, disposal, processing ;or by you or on your behalf,by a con- treatment of waste; tractor orsubcontractor; or (c) Which are or were, at any time trans- (���� aBisinlly out of11'or "property,damage" g heat, smoke, or fumes ported, handled, 'stored, treated, dis- from a"hostile fire". posed of, or processed as waste by or for: (e) At or from any:,,premises, site or location on which any insured or any contractors (i) Any insured; or or subcontractors,working directly or in- (ii) Any person or organization for whom directly on any insured s�behalf are per- you may be legally responsible; or forming operations if the, operation',s,pare to test for, monitor, clean up,I� remove, contain, treat, detoxify;or neutralize; or in any way respond to, or assess the ef- fects of, "pollutants". CG 00 01 12 07 ©ISO Properties, Inc., 2006 Page 3 of 16 ❑ (2) Any loss, cost or expense arising out of (5) "Bodily injury" or "property damage" arising any: out of: (a) Request, demand, order or statutory or (a) The operation of machinery or equip- regulatory requirement that any insured ment that is attached to, or part of, a or others test for, monitor, clean up, re- land vehicle that would qualify under the move, contain, treat, detoxify or neutral- definition of"mobile equipment' if it were ize, or in any way respond to, or assess not subject to a compulsory or financial the effects of, "pollutants"; or responsibility law or other motor vehicle (b) Claim or"suit" by or on behalf of a gov- insurance law in the state where it is li- ernmental authority for damages be- censed or principally garaged; or cause of testing for, monitoring, cleaning (b) the operation of any of the machinery or up, removing, containing, treating, de- equipment listed in Paragraph f.(2) or toxifying or neutralizing, or;in any way f.(3) of the definition of "mobile equip responding to, or assessing the effects ment of, "pollutants". h. Mobile Equipment However, this paragraph does not apply to "Bodily injury" or"property damage" arising out liability for damages because of "property damage that the insured would have in the of: absence of such request, demand, order or (1) The transportation of"mobile equipment"by statutory or regulatory requirement, or such an "auto"owned or,operated by or rented or claim or "suit" by or on behalf of a'govern- loaned to any insured; or mental authority. (2) The use of "mobile equipment in, or while g. Aircraft,Auto Or Watercraft in practice for, or while being prepared for, any prearranged racing, speed, demolition, "Bodily injury" or"property damage" arising out or stunting activity. of the ownership, maintenance, use or en- trustment to others of any aircraft, "auto"or wa- i. War tercraft owned or operated by or rented or "Bodily injury or "property damage", however loaned to any insured. Use includes operation caused, arising, directly or indirectly, out of: and"loading or unloading". (1) War, including undeclared or civil war This exclusion applies even if 'the claims (2) Warlike action by a military force, including against any insured allege negligence or other action in hindering or defending against an wrongdoing in the supervision, hiring, employ- actual or expected attack, by any govern- ment, training or monitoring of others by that insured if the "occurrence" which .caused the ment, sovereign or 'other authority using "bodily injury or "property damage" involved military personnel or other agents; or the ownership, maintenance, use or entrust- (3) Insurrection, rebellion, revolution, usurped ment to others of any aircraft, auto or:water- power, or action taken by governmental au- craft that is owned or operated by or rented or thority in hindering or defending against any loaned to any insured. of these. This exclusion does not apply to: j. Damage To Property (1) A watercraft while ashore on premises you "Property damage to: ownL or,rent; (1) Property you own, rent, or occupy,including (2) A watercraft you do not own that is: any costs or expenses'incurred by you, or (a) Less than 26 feet long; and any other person, organization or entity, for repair, replacement, enhancement, restora (b) Not being used to carry persons or tion or maintenance of such property for property for a charge; any reason, including',prevention of injury to (3) Parking an "auto" on, or on the ways next a person or damage to another's property; to, premises you own or rent, provided the (2) Premises you sell, give away or abandon, if "auto" is not owned by or rented or loaned the "property damage" arises out of any to you or the insured; part of those premises; (4) Liability assumed under any "insured con- (3) Property loaned to you; tract" for the ownership, maintenance' or (4) Personal property in the care, custody or use of aircraft or watercraft; or control of the insured; Page 4 of 16 C ISO Properties, Inc.,2006 CG 00 01 12 07 ❑ (5) That particular part of real property on This exclusion does not apply to the loss of use Which you or any contractors or subcontrac- of other property arising out of sudden and ac- tors working directly or indirectly on your cidental 'physical injury to "your product" or behalf are performing operations, if the "your work"after`it`has been put to its intended "property damage" arises out of those op use. 'erations; or n. Recall Of Products,Work Or Impaired (6) That particular part of any property that Property must be restored, repaired or replaced be- Damages claimed for any loss, cost or ex- cause "your work" was incorrectly per- pense incurred by you or others for the loss of formed on it. use, withdrawal, recall, inspection, repair, re- Paragraphs (1), (3) and (4)of this exclusion do placement, adjustment, removal or disposal of: not` apply to "property damage" '(other than (1) 1"Your product"; damage by fire)to premises, including the con- tents of.such premises,.rented to you for a pe- (2) "Your work"; or, riod of 7 or fewer consecutive days.A separate (3) `'Impaired;property"; limit of insurance applies to Damage To Prem- ises Rented To You as described in Section III if such product, work, or property is withdrawn Limits Of Insurance. or recalled from the market or from use by any person or organization because of a known or Paragraph (2) of this exclusion does not apply suspected defect, deficiency, inadequacy or if the'premises are"your work" and were never dangerous condition in it. occupied, rented or held for rental by you. Paragraphs (3), (4) (5) and (6) of this exclu- o. 'Personal And Advertising Injury Bodily injury. arising out of personal and ad- sion do not apply to liability assumed under a ,, sidetrack agreement. vertising injury . Paragraph (6):of this exclusion does not apply p• Electronic Data to"property damage" included in the"products.- Damages arising out of the loss of, loss of use • of dama a to corruption of inability to access completed operations hazard 9 _p Y , k. Damage To Your Product or inability to manipulate electronic data. As used in this exclusion,' „ ' �, electronic. data Property damage to your product arising out means information,facts or programs stored as of it or any part of it. or on, created or used on, ;or transmitted to or r I. Damage To Your Work from computer software, including;systems and �+ ;applications software hard or floppy disks CD- Property damage to your work arising out of ppY it or any part of it and included in the"products- ROMS, tapes, drives, cells, data processing completed operations hazard". devices or any other media' which are used This exclusion does not apply if the damaged with electronically controlled equipment. work or the work 'out 'of which .the damage q• Distribution Of Material In Violation Of arises was performed on your behalf by a sub- Statutes' contractor. "Bodily injury" or"property damage" arising di- m. Damage To Impaired Property Or Property rectly or indirectly out of any action or omission Not Physically Injured that violates or is alleged to violate: "Property damage to "impaired property" or (1) The Telephone Consumer Protection Act property that has not been physically injured, (TCPA), including any amendment of or arising out of: addition to such law; or (1) A defect, deficiency, inadequacy or danger- (2) The CAN-SPAM Act of 2003, including any out condition in "your product" or "your amendment of or addition to such law; or work"; or (3) Any statute, ordinance or regulation, other (2)'A delay or failure by you or anyone acting' AN-SPAM Act of 2003, that t oh b is or im is the sending,,transmit- on your behalf to perform a> contract or p agreement in accordance with its terms. ting, communicating or distribution of mate- agreement or information CG 00 01 12 07 ©ISO Properties, Inc., 2006 Page 5 of 16 ❑ Exclusions c. through n. do not apply to damage c. Material Published Prior To Policy Period by fire to premises while rented,to you or tempo "Personal and advertising injury" arising out of rarily occupied by you with permission of the oral or written publication of material whose owner. A separate limit of insurance applies to this first publication took place before the beginning coverage as described in Section III - Limits Of of the policy period. Insurance. COVERAGE B PERSONAL AND ADVERTISING d• Criminal Acts INJURY LIABILITY "Personal and advertising injury" arising out of a.criminal act committed,by or at the direction 1. Insuring Agreement of the insured. a. We will pay those sums that the insured be e. Contractual Liability comes legally obligated to pay as damages because of"personal and advertising injury" to "personal and advertising injury" for which the which this insurance applies. We will have the insured has assumed liability in 'a contract or right and duty to'defend the insured against agreement. This exclusion does not apply to li- any "suit seeking those,damages. However, ability for damages that the insured would have we will have no duty to defend the insured in the absence of the contract or agreement. against any "suit" seeking damages for "per E Breach Of Contract sonal and advertising injury" to which this in "personal and advertising injury" arising out of surance does not apply. We may, at our discre- a breach of contract, except an implied con tion, investigate any offense,and settle any claim or"suit"that may result. But: tract to use another's advertising idea in your "advertisement". (1) The amount we will ;pay for damages is g Quality Or Performance Of Goods-Failure limited as described in Section III Limits To Conform To Statements Of Insurance; and (2) Our right and duty to defend end when we "personal and advertising injury" arising out of the have used up the applicable limit of insu 'failure of goods, products or ;services to t y statement of quality,or per- ance in the payment of judgments. or set fo manse made in our"advertisement". tlements under Coverages A or B or medi— cal expenses under Coverage C. h. Wrong Description Of Prices' No other obligation;;or liability to pay sums or "Personal'and advertising injury" arising out of perform acts or services'is covered unless ex the wrong description of the price of goods, plicitly provided for under Supplementary Pay products or,services stated in your "advertise- ments—Coverages A and B. ment". b. This insurance applies to "personal and adver L Infringement Of Copyright, Patent, tising injury" caused by an offense arising out Trademark Or Trade Secret of your business but only if the offense was' "Personal and advertising injury" arising out of committed in the"coverage territory" during the the infringement of copyright, patent, trade- policy period. mark, trade secret or other intellectual property 2. Exclusions rights. Under this exclusion, such other intellec- tual property rights 'do not include the use of This insurance does not apply to: another's.advertising idea in your "advertise- a. Knowing Violation Of Rights Of Another ment". "Personal and advertising injury" caused by or However, this exclusion does not apply to in at the direction of the insured'with the knowl- fringement, in your "advertisement", of copy edge that the act would violate the rights of an right, trade dress or slogan. other and would inflict "personal and advertis j. Insureds In Media And Internet Type ing injury,, Businesses b.. Material,Published With Knowledge Of personal and advertising' injury" committed by Falsity.:'' an insured whose business is: "Personal and advertising injury" arising out of (1) Advertising, broadcasting, publishing or oral or written publication of material, if done by telecasting; or at the 'direction of the insured with knowl- edge of its falsity. (2) Designing or determining content of `web sites for others; or Page 6 of 16 0 ISO Properties, Inc., 2006 CG 00 01-12 07 ❑ (3) An Internet search, access, content or (3) Insurrection, rebellion, revolution, usurped service provider. power, or action taken by governmental au However, this exclusion does not apply to thority in hindering or defending against any Paragraphs 14.a., b. and c. of "personal and of these. advertising injury under the Definitions Sec-` p. Distribution Of Material In Violation Of tion. Statutes For the purposes of this exclusion,the placing "Personal' and advertising injury" arising di of frames, borders or links, or advertising, for rectly or indirectly out of any action or omission you or others anywhere on the Internet, is not that violates or is alleged to violate: by itself, considered the business of advertis- (1) The Telephone Consumer Protection Act ing, broadcasting, publishing or telecasting. (TCPA), including any amendment of or k. Electronic Chatrooms Or Bulletin Boards :addition to such law;or "Personal,.and advertising' injury" arising out of (2) The CAN-SPAM Act of 2003, including any an electronic chatroom or bulletin board the in amendment of or addition to such law; or sured hosts, owns, or over which the insured' (3) Any statute, ordinance or regulation, other exercises control. than the TCPA or CAN-SPAM:Act of 2003, I. Unauthorized Use Of Another's Name Or ,that prohibits or limits the sending, transmit Product #ing, communicating or distribution of mate- "Personal and advertising injury" arising out of rial or information. the unauthorized use of another's name or COVERAGE C MEDICAL PAYMENTS product in your e-mail address, domain name 1. Insuring Agreement or,metatag, or any other similar tactics to MIS- lead another s potential customers. a. We will pay medical expenses as described m. Pollution' below for"bodily injury"caused by an accident: "Personal'and advertising injury" arising out of (1) On premises you own or rent; the actual, alleged or threatened discharge, (2)1 On ways next to premises you own or rent; dispersal, seepage, migration, release or es- or Cape of"pollutants"at any time. (3) Because of your operations; n. Pollution-Related _- provided that: y p g y (a) The accident takes place in the"cover An loss, .cost or expense arising out of an (1) Request, demand, order or statutory or age territory"`and 'during the policy pe regulatory requirement that any insured or riod; others' test for, monitor, clean up, remove, (b) The expenses are incurred and reported contain, treat, detoxify or neutralize, or in to us within one year of the date of the any way respond to, or assess the effects accident; and of, "pollutants";or (c) The injured person submits to examina- ! (2) Claim or suit by or on behalf of a govern- tion, at our expense, by physicians of mental authority for damages because of our choice as often as we reasonably testing for, monitoring, cleaning up, remov- require. ing, containing, treating, detoxifying or neu- b. We will make these payments regardless of tralizing, or in any way responding_to, or fault. These payments will not exceed the ap assessing the effects of, "pollutants". plicable limit of insurance. We will pay reason- o. War able expenses for: "Personal and advertising injury", however (1) 'First aid administered at the time of an caused, arising, directly or indirectly,out of: accident; (1) War, including undeclared or civil war; (2) Necessary medical, surgical,' x-ray and (2) Warlike action by a military force, including dental services; including prosthetic de- action'in hindering or defending against an vices;'and actual' or expected attack, by any govern (3) Necessary ambulance, hospital, profes ment,' sovereign or other authority _using signal!nursing and funeral services. military personnel or other agents; or CG 00 01 12 07 ©ISO Properties, Inc., 2006 Page 7 of 16 ❑ 2. Exclusions f. Prejudgment interest awarded against the We will not pay expenses for"bodily injury insured on that part of the judgment we pay. if we make an offer to pay the applicable limit of a. Any Insured insurance, we will not pay any prejudgment in- To any insured, except"volunteer workers". terest based on that period of time after the of- b. Hired Person fer. To a person hired to do work for or on behalf of g. All interest on the full amount of any judgment any insured or a tenant of any insured. that accrues after entry of the judgment and before we have paid, offered to pay, or depos- c. Injury On Normally Occupied Premises ited in court the _part of the judgment that is To>a person ,injured on that part of premises within the applicable limit of insurance. you own or rent that the person normally occu- These payments will not reduce the limits of insur- pies. ance. d. Workers Compensation And Similar Laws 2. If we defend an insured against a "suit" and an To a person, whether or not an "employee" of indemnitee of the insured is also named as a party any insured, if benefits.for the "bodily injury" to the"suit", we will defend that indemnitee'if all of are payable or must be provided under a work- the following conditions are met:: ers'compensation or disability benefits law or a a. The "suit" against the indemnitee seeks darn- similar law. ages for which the insured has assumed the li- e. Athletics Activities ability,of the indemnitee in a contract or agree- To a;person injured while practicing,instructing merit that is an"insured contract"; or :participating in any physical exercises or b. This insurance applies to such liability as- games, sports, or athletic contests. sumed by the insured; f. Products-Completed Operations Hazard c. The obligation to defend, or the cost of the defense°of, that indemnitee has also been as- Inclu ded within the"products-completed opera- ' tionsi hazard sumed by the insured in the same insured contract' g. Coverage A Exclusions d. The „ allegations in the suit and the information Excluded under Coverage A. we know about the:"occurrence" are,such that` SUPPLEMENTARY PAYMENTS—COVERAGES A no conflict appears to exist between the inter- AND B ests'of the insured and the interests of the in- 1. We will pay, with respect to any claim-we investi- demnitee; gate or settle, or any "suit" against an insured we e. The indemnitee and the insured ask us to defend: conduct and control the defense of that ndem g " g � e a amst:such suit and a ree that we can a. All expenses we incur. Hite assign the same counsel to defend ther insured b. Up to $250 for cost of bail bonds required and the indemnitee;'and because of accidents or traffic law violations f. The indemnitee: arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We (1)1 Agrees in writing to: do not have to furnish these bonds. (a) Cooperate with us in the investigation, j c. The cost of bonds to release attachments, but settlement or defense of the"suit"; only for bond amounts within the applicable (b) Immediately send us copies of any limit of insurance. We do not have to furnish demands, notices, summonses or legal these bonds. papers received in connection with the d. All o reasonable expenses incurred by,the in "suit"; sured at our request to assist us in the investi- (c) Notify any other insurer whose coverage gation,!or defense of the claim or 'suit", includ- is available to the indemnitee; and ' ing actual loss of earnings up to $250 a day (d) Cooperate with us with respect to'coor- because of time off from work. dinating other applicable insurance e. All court costs taxed against the insured in the available to the indemnitee; and "suit". However, these payments do not include (2) provides us with written authorization to: attorneys' fees or 'attorneys' expenses taxed against the insured. (a) Obtain records and other information related to the"suit"; and Page 8 of 16 ©ISO Properties, Inc., 2006 CG 00 01 12 07 ❑ (b) Conduct and control the defense of the 2. Each of the following is also an insured: indemnitee in such "suit". a. Your"volunteer workers only:while performing So long as the above conditions are met, attor duties related to the conduct of your business, neys'-fees incurred by us in the defense of that in- or your-"employees", `other than either your demnitee, necessary litigation ,expenses incurred "executive officers (if you are an organization by us and necessary litigation.expenses incurred other than a partnership,joint venture or limited by the indemnitee at our request will be paid as liability company) or your managers (if you are Supplementary Payments. Notwithstanding the a limited liability company), but only for acts provisions of Paragraph 2.b.(2)of Section l—Cov- within the scope of their employment by you or erage A Bodily Injury And Property Damage Li- while performing duties related to the conduct ability, ,such payments will not be deemed to be of your business. However, none of these "em- damages for"bodily injury"and"property damage" ployees" or "volunteer 'workers" are insureds and will not reduce the limits of insurance. for: Our obligation to defend an insured's indemnitee (1) "Bodily injury" or "personal and advertising and to pay for attorneys'fees and necessary litiga- injury": tion expenses as Supplementary Payments ends (a) To you; to your partners or members (if swhen uran e in the e have used up the applicable limit of in- you are a partnership or joint venture), payment of judgments or settle- to your members (if you area limited'li- ments or the conditions set forth above, or the ability company), to a co-"employee" terms of the agreement described in Paragraph f. while in the course of his or her em above, are no longer met. ployment or performing;duties,related to SECTION 11—WHO'IS AN;INSURED the conduct of your business, or to'your 1. If you are designated in the Declarations as: other"volunteer workers"while perform- ing duties related to the conduct of your a. An individual, you and your,spouse are;insur- business; eds, but only with respect to the conduct of a business of which you are the sole owner'. (b) To the"spouse, child, parent, brother or sister of that co or "volun- b. A partnership or joint venture, you are an in- teer worker"as a consequence of Para- sured. Your members, your partners, and their graph (1)(a)above; spouses are also insureds, but only with re- I' spect to the conduct of your business. (c) For which there is any obligation to company, share damages with or repay someone c. A limited liability p y, you are an insured. else who must pay damages because of res' ect to the conduct of our business. Your 1 ry cribed in Paragraphs (1)(a) Your members are also insureds, but only the in u des P Y or(b)above,or managers are insureds, but only with respect (d) Arising<out of his or her providing or to their duties as your managers. failing to provide professional health d An organization other than a partnership, joint care services. venture or limited iliability company, you are an insured. Your executive officers directors and dir (2) "Property damage"to property: are insureds, but only with respect to their du (a) Owned, occupied,or used by, ties as your officers or directors. Your stock- (b) Rented to, in the care, custody or con- holders are also insureds, but only with respect trol of, or over which physical control is to their liability as stockholders: you are an insured. Your trustees are being exercised for any purpose by e A trust, y you, any of your employees volunteer also insureds, but only with respect to their du- workers", any partner or member(if you are ties as trustees. a partnership or joint venture), or anymem- ber(if you are a limited liability company)'. CG 00 01 12 07 ©ISO Properties, Inc., 2006 Page 9 of 16 ❑ i b. Any person (other than your "employee" or 3. The Products-Completed Operations Aggregate "volunteer worker"), or any organization while Limit is the most we will pay under Coverage A for acting as your real estate manager. damages because of "bodily injury" and "property c. Any person or organization having proper damage" included in the "products-completed op- temporary custody of your property if you die, erations hazard but only: 4. Subject to Paragraph 2. above, the Personal and Advertising Injury Limit is the most we will pay un- (1) With respect to liability arising out of the der Coverage B for the sum of all damages be- maintenance or use of that property; and g g cause of all "personal and advertising injury" sus- (2) Until your legal representative has been tained by any one person or organization. appointed. d. re 5. Subject to Paragraph 2. or 3. above, whichever Your legal g presentative if you die, but only applies, the Each Occurrence Limit is the most we with respect to duties as such. That represen- will pay for the sum of; tative will have all your rights and duties under this Coverage Part. a. Damages under Coverage A; and 3. Any organization you newly acquire or form, other b. Medical expenses under Coverage C than a partnership, joint venture or limited liability because of all "bodily injury" and "property dam- company, and over which you maintain ownership age"arising out of any one"occurrence". or majority interest, will qualify as a Named In- 6. Subject to Paragraph 5. above, the Damage To sured if there is no other similar insurance avail- Premises Rented To You Limit is the most we will able to that organization. However: pay under Coverage A for damages because of a. Coverage under this provision'is afforded only "property damage" to any one premises, ,,while until the 90th day after you acquire or form the rented to you, or in the case of damage by fire, organization or the end of the policy period, while rented to you or temporarily'occupied by you whichever,is earlier; with permission of the owner. b. Coverage A does not apply to"bodily injury" or 7. Subject to Paragraph 5. above, the Medical Ex- "'property damage' that occurred before you pense'Limit'is the most we will pay under Cover- acquired or formed the organization;;;and age C for all medical expenses because of"bodily C. Coverage B does not apply to "personal and injury"sustained by any one person. advertising injury" arising out of an offense The Limits of Insurance of this Coverage Part apply y q consecutive annual period and to :committed separately muted before you acquired or formed the se aratel to each organization. any remaining period;of less than 12 months, starting No person!,,or organization is an insured with respect with the beginning of the policy period shown in;the to the conduct of any;current or past partnership,joint Declarations, unless the policy period is extended venture or!limited liability company that is not shown after issuance for an ;additional period of less than 12 as a Named Insured in the Declarations. months. In that case, ,the additional period ,will be SECTION III—LIMITS OF INSURANCE deemed part of the last preceding period for purposes of determining the Limits of Insurance'. 1. The Limits of Insurance shown in the Declarations SECTION IV—COMMERCIAL GENERAL LIABILITY rules below fix the most we will pay re- CONDITIONS gardl ss of the number of: 1. Bankruptcy a. In sureds; reds; Bankruptcy or insolvency of the insured or of the b. Claims made or"suits brought; or insured's estate will not relieve us of our obliga- c. Persons or organizations making claims or tions under this Coverage Part. bringing"Suits". 2. Duties In The Event Of Occurrence,Offense, 2. TheGeneral'Aggregate Limit is the most we will Claim Or Suit pay for the sum of: a. You must see to it that we are notified as:'soon a. Medical expenses under Coverage C; as practicable of an "occurrence" or'an offense b. Damages',under Coverage A,`except damages which may result in a claim. To the ex tent pos- because of"bodily injury" or"property damage sible, notice should include: included in the "products-completed operations (1) How, when and where the "occurrence" or hazard"; and offense took place; c. Damages under Coverage B. (2) The names and addresses of any, injured persons and witnesses; and Page 10 of 16 ©ISO Properties, Inc.,2006 CG 00 01 1207 ❑ (3) The nature and location of any injury or 4. Other'Insurance damage arising out of the "occurrence" or If other valid and collectible insurance is available offense. to the insured for a loss we cover under Cover- b. If a'claim is made or "suit" is brought against ages A or B of this Coverage Part, our obligations any insured,you must: are limited as follows: (1) Immediately record the specifics of the a. Primary Insurance claim or"suit"and the date received; and This insurance is primary except when Para- (2) Notify us as soon as practicable. graph b.'below applies. if this insurance is pri- You must see to it that we receive written no- mary, our obligations are not affected unless tice of the claim or "suit" as soon as practica- any of the other insurance is also primary. ble. Then, we will share with all that other insur- ance by the method described in Paragraph c. C. You and any other involved insured must: .below. (1) Immediately send us copies of any de- b. Excess Insurance marids, notices, summonses or legal pa- pers received in connection with the claim (1) This insurance is excess over: or"Suit"; (a) Any of the other insurance, whether (2) Authorize us to obtain records and other primary, excess, contingent or on any information; other basis. (3) Cooperate with us:in the investigation or (i) That is -Fire, Extended Coverage, settlement of the claim or defense against Builder's Risk, Installation Risk or the"suit";;and similar coverage for"your work"; ii That is Fire insurance for remises (4) Assist us, upon our request, in the en- O p forcement of any right against any person rented to you or temporarily,occu- or organization which may be liable to the pied by you with permission of the insured because of injury or damage to owner; which"this insurance may also;apply. (iii) That is insurance purchased by you d. No insured will, except at that insured's own to cover your liability as a tenant for cost, voluntarily make a payment, assume any "property damage" to premises obligation, or, incur any expense, other than for rented to you or temporarily occu- first]aid;without our consent. pied by you with permission of the 3. Legal Action Against Us owner; or (iv) If the loss arises out of the mainte- No person or organization has a right under this Hance or use of aircraft, au ""autos or Coverage Part:' watercraft to the extent not subject to a. To join us as a party or otherwise bring us into Exclusion g. of Section I - Coverage a"suit"asking for damages from an insured;or A- Bodily Injury And Property Dam- b. To sue us on this Coverage Part unless 'all of age Liability. its terms have been fully complied with. (b) Any other primary insurance available to you covering liability for damages aris- A person or organization may sue us to recover on ing out of the premises or operations, or an agreed ;settlement or on a final judgment the products and completed operations, against an' insured; but we will not be liable for for which you have been added as an damages that are not payable under the terms of additional insured by attachment; of an this Coverage Part or that are in excess of the ap- endorsement. plicable limit of insurance. An agreed settlement i ill have means a settlement and release of liability signed (2) When this insurance is excess we will by us, the insured and the claimant or the claim- no duty under Coverages A or B to defend ant's legal representative. the insured against any,"suit" if any other insurer has a duty to defend the insured against_that suit . If no other insurer de- fends we will undertake to do sod but'we will be entitled to the nsured's rights against all those other insurers. CG 00 01 12 07 ©ISO Properties, Inc., 2006 Page 11 of 16' ❑ (3) When this insurance is excess over other c. We have issued this policy in reliance upon insurance, we will pay only our share of the your representations. amount of the loss, if any, that exceeds the 7. Separation Of Insureds sum of: (a) The total amount that all such other Except with respect to the Limits of Insurance, and insurance would pay for the loss in the any rights or duties specifically assigned in this absence of this insurance; and Coverage Part to the first Named Insured, this in- absence applies: (b) The total of all, deductible and self a. As if each Named Insured were the only insured amounts under all that other in Named Insured; and surance. b. Separately to each insured against whom claim (4) We will share the remaining loss, if any, is made or"suit" is;brought. with any other insurance that is not de- scribed in this Excess Insurance provision' $• Transfer Of Rights Of Recovery Against Others and was not bought specifically to apply in To Us - excess of the Limits of Insurance shown in If the insured has rights to recover all or part of the Declarations of this Coverage Part. any payment we have made under this Coverage c. Method Of Sharing Part, those rights are transferred to us. The in- sured must do nothing after loss to impair them. At If all::of the other,insurance permits contribution our request; the insured will bring "suit"or transfer by equal shares, we will follow this method those rights to us and help us enforce them. > also. Under this approach each insurer con- tributes equal amounts until it has paid its ap-!, 9. When We Do Not Renew plicable limit of insurance or none of the loss, If we decide not to renew this Coverage Part, we remains,whichever comes first. will mail or-deliver to the first Named Insured If any of the other insurance does not permit' shown ,in the Declarations written notice of the contribution by:,equal shares, we will contribute nonrenewal not less than 30 days before the'expi- by limits. Under this method, each insurer's' ration date. share is based on the ratio of its applicable,' If notice is mailed,`proof of mailing will be sufficient limit'of insurance to the total applicable limits"of proof of notice. insurance of all insurers. SECTION V-DEFINITIONS 5. Premium Audit 1. "Advertisement" means' n i h a of ice that is broadcast a.'', We will r compute all premiums for this Cover- or!published to the general public or specific mar age Part in accordance with our rules and ket segments about your goods, products or ser- rates. vices for the purpose of attracting customers or b. Premium shown in this Coverage Part as ad supporters. For the purposes of this definition yanc,e premium is a deposit premium only. At a. Notices that are published include material the, close of each audit period we will compute placed Ion the Internet or,on similar electronic the earned premium for that period'and send means of'communication• and noticia'to the first Named Insured. The due date' for audit and 'retrospective premiums is the b. Regarding web-sites, only that, part of a web date!;shown as',the due date on the bill. 'If the'' site i that is about your goods, products or ser vices for the purposes'of attracting customers sum of the advance and audit premiums paid or supporters is considered an advertisement. for,!,the I policy period,is greater than the earned premium, we will:return the excess to the first' 2. "Auto"means: Named Insured. a.' A land motor vehicle, trailer or semitrailer de- c.'The first Named Insured must keep records of th signed for travel on public roads, including any e in we need for premium computa- attached machinery or equipment; or tion, and send us copies at such times as we b. Any other land vehicle that is subject to a com- may,request. pulsory or financial responsibility law)or other 6. Representations motor vehicle insurance law in the state where By accepting this policy,you agree: it is licensed or principally garaged. a.` The 'state However, "auto" does not include' "mobile equip- ments in the Declarations are accu- ment„ rate and complete; b. Those statements are based upon representa- tions you made to us and Page 12 of 16 ©ISO Properties, Inc., 2006 CG 00 01 12 07 ❑ 3. "Bodily injury" means bodily injury, sickness or 9. "Insured contract"means: disease sustained by a person, including death re- a. A contract for a lease of premises. However, suiting from any of these at any time. that portion of the contract for a lease of prem- 4. "Coverage territory"means: ises that indemnifies any person or organiza- a. The United States of America (including its tion for damage by fire to` premises while territories and possessions), Puerto Rico and rented to you or temporarily,occupied by you Canada with permission of the owner is not an"insured b. International waters or airspace, but only if the contract''; injury or damage occurs in the course of travel b. A sidetrack agreement; or transportation between any places included c. Any easement or license agreement, except in in Paragraph a.above; or connection with construction or demolition op- C. All other parts of the world if the injury or dam- erations on or within 50 feet of a railroad; age arises out of: d. An obligation, as required by ordinance, to (1) Goods or products made or sold by you in indemnify a municipality, except in connection the ;territory described in Paragraph a. with work for a municipality; above; e. An elevator maintenance agreement; (2) The activities of a person whose home is in If. That part of any other contract or agreement the territory described in Paragraph a. pertaining to your business (including an in- above, but is away for a short time on your demnification of a municipality in connection business; or with work performed for a municipality) under (3) "Personal and advertising injury" offenses which you assume the tort Liability of another that take place through the Internet or simi- party,to pay:f or"bodily injury"or"property dam= lar electronic means of communication age" to a third person or organization. Tort li- ability means a liability that would be imposed provided the insured's`responsibility to pay dam- by law in the absence of any contract or ages is determined in a "suit" on the merits, in the agreement. territory described in Paragraph'a. abovei or in a settlement we agree to. Paragraph f. does not includethat part of any contract or agreement: 5. "Employee" includes a "leased worker "Em ployee"'does not include a"temporary worker". (1) That indemnifies a railroad for"bodily injury" or "property damage" arising out of con 6. Executive officer m a'person holding any ofstruction or demolition operations, within 50 the officer positioned;by your charter, con- feet of any railroad property and affecting stitution, by-laws or any other similar governing any railroad bridge or trestle, tracks, road document. beds,tunnel, underpass or crossing; 7. "Hostile; fire" means one which becomes uncon- (2) That indemnifies' an architect, engineer or trollable'or breaks out from where it was intended to be. surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to pre 8. "Impaired property" means tangible property, other pare or approve, maps,;shop drawings, than, 'your product" or"your work", that cannot be opinions, reports,' surveys, field orders, used or is less useful because: change orders or drawings and specifi-' a. It incorporates; your product or your work cations, or that is known or thought to be defective, defi- (b) Giving directions or instructions, or dent, inadequate or dangerous; or failing to give them, if that is the primary b You have failed to fulfill the terms of a contract cause of the injury or damage or or agreement (3) Under which the insured, if an architect, if such property can be restored to use by,the re engineer or surveyor, assumes liability, for pair,�,replacement,i'adjustment or removal of"your an injury or damage arising .ouC16f,the in- prod s rendering or failure to render pro of the eo tra toor agreement. fulfilling the terms fessio'nal services includin thos g g e listed in u� erviso O ab d s: p ry,' inspection, ar- chitectural or engineering activities. CG 00 01 12 07 ©ISO Properties, Inc.,2006 Page 13 of 16 13 i 10."Leased worker" means a person leased to you by However, self-propelled vehicles with the fol- a labor leasing firm under an agreement between lowing types of permanently attached equip- you and the labor leasing firm, to perform duties ment are not "mobile:equipment" but will be related to the conduct of your business. "Leased considered"autos": worker'does not include a"temporary'worker". (1) Equipment designed primarily for: 11."Loading or unloading" means the handling of property: (a) Snow removal; a. After it is moved from the place where it is (b) Road maintenance, but not construction accepted for movement into or onto an aircraft, or resurfacing; or watercraft or"auto' (c) Street cleaning; b. While it is in or on an aircraft, watercraft or (2) Cherry pickers and similar devices mounted "auto";or on automobile or truck chassis'and used to C.'' While it is being moved from an aircraft, water- raise or lower workers; and craft or"auto"to the place where it is finally de- (3) Air compressors, pumps and generators, livered; including spraying, welding, building clean- buts "loading or 'unloading" does not include the ing, geophysical exploration, lighting and movement of property by means of a_mechanical well servicing equipment. device, other than a hand truck, that is not at- However, "mobile equipment" does not include tached to the aircraft,watercraft or"auto". any land vehicles that are subject to a compulsory 12."M6bile equipment" means any of the following or financial responsibility law or other motor vehi- cle insurance law in the state where it is licensed types of land vehicles, including any attached ma' - or principally garaged. Land vehicles subject to a chinery or equipment: compulsory or financial responsibility law or other a Bulldozers, farm machinery, forklifts and other motor' vehicle insurance law are considered vehicles designed for use principally off public "autos". roads; 13."Occurrence" means an accident, including con- b. Vehicles maintained for use solely on or next to tinuous or repeated exposure to substantially the premises you own or rent; same general harmful conditions. c. Vehicles that travel on crawler treads; 14."Personal and advertising injury" means injury, ds Vehicles, whether self-propelled or not, main including consequential bodily injury",,arising out tained primarily to provide mobility'to perms- of one or more of the following offenses: nently mounted: a. False arrest, detention or imprisonment; (1) Power cranes, shovels, loaders,'diggers or b. Malicious prosecution; drills; or c. The wrongful eviction from, wrongful entry into, (2) Road construction or resurfacing equipment or invasion of the right of private occupancy of such as graders, scrapers or rollers; a room, dwelling or premises that a person oc e. Vehicles ;not described in Paragraph a., b., c. cupies, committed by or on behalf of its owner, or d. abqvei that are not self-propelled and are landlord or lessor; ,maintained primarily to provide mobility to per- d. Oral or written publication, in any manner, of manently attached equipment of the following material that slanders or libels a person or, or types: ganization or disparages a person's or organi- 1 Air com ressors; pum s and zation's goods,products or services, O p p generators, including spraying,welding, building clean a Oral or written publication, in any mann'er,r of ing, geophysical exploration, lighting and material that violates a-person's right of pri well servicing equipment; or vacy; (2) cherry pickers and similar devices used to f. The use of another's advertising idea in your raise or lower workers; "advertisement"; or f. Vehicles not described in Paragraph a., b., c. g. Infringing,upon another's copyright, trade dress or d above maintained primarily for purposes or slogan in your"6dvertisement". other than the transportation of persons or cargo. Page 14 of 16 ©ISO Properties, Inc., 2006 CG 00 01 12 07 i 15."Pollutants mean any solid, liquid, gaseous or b. Loss of use of tangible property that is not thermal>irritant or contaminant, including smoke, physically injured. All such loss of use shall be vapor, soot, fumes, acids, alkalis, chemicals and deemed to occur at the time of the''occur- waste. Waste includes materials' to be recycled, rence"that caused it. reconditioned or reclaimed. For the purposes of this insurance, electronic data 16."Products-completed operations hazard": is not tangible property. a.° Includes all "bodily injury" and "property dam- As used in this definition, electronic data means age"occurring away from premises you own or information, facts or programs stored as or on, rent and arising'out of "your product" or"your created or used on, or transmitted to or from com- work"except: puter'software, including systems and applications (1) Products that are still in your physical pos- software, hard or floppy disks, CD-ROMS, tapes, session; or drives, cells, data processing devices or any other media which are used with electronically controlled (2) Work that has not yet been completed or equipment. abandoned. However, "your work" will be deemed completed at the earliest of the fol- 18."Suit" means a civil proceeding in which damages lowing times: because of "bodily injury", "property damage" or "personal and advertising injury" to which this in- (a) When all of the work called for in your surance applies are alleged, "Suit" includes: contract has been completed. a. An arbitration proceeding in which such dam- (b) When all of the work to be done at the ages are claimed and to which the insured job site has been completed if your con must submit or does submit with our consent tract calls for work atmore than one job or ' site. b. Any other alternative dispute resolution pro- (c) When that part of the work done at a job ceeding in which such damages are claimed site has been put to its intended use by and to which the insured submits with our con any person or organization other than sent. ianotherr contractor or subcontractor "Temporary Temporary worker" means a person who is fur- working on p the same project. nished to you to substitute for a permanent "em-_ Work that may need service, maintenance, ployee on leave or to meet seasonal or short-term correction, repair or replacement, but which workload conditions. is ,otherwise complete, will be treated as , completed. 20. 'Volunteer worker' means a person who is not „ your,"employee", and who donates his or her work b. Does not include "bodily injury or property an dudes the direction of and within the scope of damage"arisingout of: determined' by you, and is not 'paid a fee; (1) The transportation of property, unless ithe salary or other compensation by you or anyone injury or damage arises out of a condition in else for-their work performed for you. or on:a vehicle not owned or operated by 21."Y'our product": you, and that condition was created by the "loading or unloading"of that vehicle by any a. Means: insured; (1) Any goods or products, 'other than real (2) The existence of tools, uninstalled equip property,_manufactured, sold, handled; dis meritor abandoned or unused materials; or tributed or disposed of by: (a) You; (3) Products or operations for which the classi- ficotion, listed in the Declarations or in a (b) Others trading under your name; or polic i.y schedule, states that products- (c) A person or organization whose_ busi- completed! ;operations are subject to the Hess or assets you have acquired;'and General Aggregate Limit. 17."Property'damagew'means: (2) Containers (other than vehicles),'materials, parts or equipment furnished in connection a. ',Physical injury'to tangible property, including with such goods or products: a,ll resulting�loss of''' use of that property. All b. Includes: such loss�Zf ,use shall be deemed to occur at the time of the physical injury that caused it; or (1) Warranties or representations made at any time with respect to the fitness, quality, du rability, performance or use of "your prod uct'; and CG 00 01 12 07 ©ISO Properties, Inc., 2006 Page 15 of 16 ❑ (2) The providing of or failure to provide warn- ings or instructions. c. Does not include vending machines or other property rented to or located for the use of oth- ers but not sold. 22."Your work": a. Means: (1) Work or operations performed by you or on your behalf;and (2) Materials,' parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, du- rability, performance or use of "your work", and (2) The providing of or failure to provide warn- ings or instructions Page 16 of 16 0 ISO Properties, Inc., 2006 CG 00 01 12 07 13 REQUEST FOR MAYOR'S SIGNATURE • Please fill in all applicable boxes KENT Di rector.Reviewed: wAS H I N<i T.0 N - Routing Information ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT -Originator: Justin Oliver Phone (Originator): 253 856=5135 Date Sent: Date`Required: Return Sign cl D`ocu ent t . Justin Oliver Contract Termination Date: 'June 30th 2017 VENDOR NAME: Goodbye Graffiti Date Finance Notified: 5/227/15 (Only required on contracts $10,000 and over or on any Gra DATE OF COUNCIL APPROVAL: Date Risk Manager Notified: 4/15/15 (Required on Non-City Standard -Contracts/Agreements) i Has this Document been Specifically Account Number:' Authorized in the Budget? ES -NO 10006600.64190.5133 $111799.7.2 Brief Explanation of Document: Contract for regular inspection and removal of graffiti at Arbor Heights 360 Skate Park. i All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: RE Approval of Law Dept.: E MAY 2l2015 � Law Dept. Comments: KENT-LAW DEPT Date Forwarded to Mayor:' 1 Shaded Areas To Be Completed By Administration Staff !keceived , .,5 € Y Recorr�m.end�tonsioind VIA Commens Dlspos�tlon ,P� � C IC - urned et t 4 ,. . , €