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HomeMy WebLinkAboutPK15-279 - Original - Evergreen Asphalt & Concrete, Inc. - Fire Station 75 Parking Lot Sealcoat & Re-Stripe - 08/06/2015 j Records Mary aernent KENT Document W na niHaran I I �ti v t. 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: Evergreen Asphalt & Concrete, Inc. Vendor Number: 213355 JD Edwards Number Contract Number: pr-15 This is assigned by City Clerk's Office Project Name: Sealcoat and re-stripe parking lot - Fire Station 75 Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment X❑ Contract ❑ Other: Contract Effective Date: 08/04/15 Termination Date: 10/OS/15 i Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Nancy Clary Department: Parks, Facilities Contract Amount: $11,552.25 Approval Authority: (CIRCLE ONE)('Department Director. Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): As of: 08/27/14 K6NT PUBLIC WORKS AGREEMENT between City of Kent and Evergreen Asphalt & Concrete, Inc. THIS AGREEMENT Is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Evergreen Asphalt & Concrete, Inc. organized under the laws of the State of Washington, located and doing business at P.O. Box 1567, Kent, WA 98035-1567, Shane Gilbertson, (253) 639-3779 (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Evergreen Asphalt & Concrete, Inc. will provide labor and materials to perform all work necessary to sealcoat and re-stripe parking lot at Fire Station 75, 15635 SE 272"d St, Kent, In accordance with Proposal #5300 dated 03/11/2015, which is attached and incorporated as Exhibit A, Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above Immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described In Section I within 60 days. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed $11,552.25, including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement, The City shall pay the Contractor the following amounts according to the following schedule: Vendor shall provide Affidavit of Wages Paid and invoice City upon Letter of Acceptance. Net: 30 days A. No Payment and Performance Bond• No Retalnaae. Because this contract is $20,000 or less, the City has elected to waive both the performance/payment bond requirement of Chapter 39.08 RCW and the retainage requirement of Chapter 60.28 RCW. PUBLIC WORKS AGREEMENT- 1 ($20,000 or Less- OPTIONAL PROCESS) B. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs Incurred by the City. "Additional costs" shall mean all reasonable costs, Including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves Its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. C. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties Intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being Interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for Its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and Independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an Independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue, E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of Its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall Include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient.number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. PUBLIC WORKS AGREEMENT - 2 ($20,000 or Less - OPTIONAL PROCESS) C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person fisted in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments, However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work, If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. i The Contractor accepts all requirements of a change order by; (1) endorsing It, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that Is accepted by Contractor as provided In this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made In strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the Information set forth In subsections A, Items I through 5 below. PUBLIC WORKS AGREEMENT - 3 ($20,000 or Less - OPTIONAL PROCESS) II FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY, A. Notice of Claim. Provide a signed written notice of claim that provides the following Information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and S. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records, The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (Including directions, Instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By falling to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS, CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE - THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED, THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall promptly correct all defects In workmanship and materials: (1) when Contractor knows or should have known of the defect, or (2) upon Contractor's receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repalred or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable, When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of Its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION, In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, PUBLIC WORKS AGREEMENT - 4 ($20,000 or Less - OPTIONAL PROCESS) national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Contractor shall defend, Indemnify and hold the City, Its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's Inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily Injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal Is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, Including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and Incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors In the performance of the contract work and shall utilize all protection necessary for that purpose, All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use In connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to Insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement In one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. PUBLIC WORKS AGREEMENT- 5 ($20,000 or Less- OPTIONAL PROCESS) I I C. Resolution of Disputes and Governing Law, This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, Including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to Indemnification under Section XII of this Agreement. D, Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated In this Agreement or such other address as may be hereafter specified In writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42,56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor In its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. 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, K, Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received In person. PUBLIC WORKS AGREEMENT- 6 ($20,000 or Less- OPTIONAL PROCESS) i IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: ($/ nature) r '�4 (signature) Print Name: Prlbt Name Jeff Watling Its Its: Director, Parks, Recreation and (ttt/e DATE: Community Services �' �� d DATE: L a a. NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Shane Gilbertson Nancy Clary Evergreen Asphalt &Concrete, Inc. City of Kent P.O. Box 1567 220 Fourth Avenue South Kent, WA 98035-1567 Kent, WA 98032 (253) 639-3779 (telephone) (253) 856-5084 (telephone) (253) 639-3779 (facsimile) (253) 856-5084 (facsimile) Evergreen MphaILH 77_PWA9reement-ALTERNATE-20K or Lea,d= PUBLIC WORKS AGREEMENT- 7 ($20,000 or Less - OPTIONAL PROCESS) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate In employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors Indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: Title: Date: ' EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, If holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2, Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines, EEO COMPLIANCE DOCUMENTS - 2 Evergreen Asphalt& Concrete,Inc, PROPOSAL P.O. Box 1567 4d Kent, WA 98035-1567 Date Proposal# Ph/Fax: 253-639-3779 3n v2ots 5300 low PROPOSAL SUBMITTED TO: City of Kent 220 Fourth Avenue Kent,WA 98032 Attu Tony TERMS SUBMtTTE... JOB ADDRESS Due on receipt SO Qty Description Rate Total Firestation#75 15635 SE 272nd ST,Kent Sealconting: I Seaicoat parking lot with Cotmnereini Grade Pavement Scaler,Approx 64,200 sgtft 9,575.00 9,575.00T Price includes applying 2 coats orseal°r. Includes treating grense,oil or gasoline stains with Petrascal prior to applying sealer. Includes clowning parking lot of debris,moss and dirt prior to seating laeludesnpprox 1"0 In/it oferackfilling prior tosealing. '... tncludes re-striping parking lot per existing layout after sealing. 100 SQ FT Asphalt Remove and Replace 975,00 975.00'1' Note: Price assumes prevailing wage rates Sealing to take place over 2 separate,days to accommodate fire dept. ACCEPTANCE OF PROPOSAL Sales Tax {8.5%} $1,002,25 The above prices,speci0cations and conditions are satisfactory and are herby accepted. You ore authorized to do the work as specified. Payment is due within 30 days of compietion of Total SI 1552Z work. 1.5%PER MON'I11 SERVICE CHARGE ON ALL PAST DUE ACCOUNTS. IN THE EVENT LEGAL ACTION lS TAKHN TO COLLGCr ANY AMOUNTS DUE,YOU AGREE TO PAY ALL LEGAL.PEES&EXPENSES. 'PHIS QUOTATION IS ONLYSignature VALID FOR THIRTY(30)DAYS, ^--- Email: Web Site: F:ev,rgruon.dirkcomnast.net Evergreenasphah.com EXHIBIT B INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS 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. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $3,000,000 per occurrence and In the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. The Commercial General Liability Insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 1185. The City shall be named as an Additional Insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. All endorsements adding Additional Insureds shall be issued on form CG 20 10 1185 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section. 2. 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 13. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits; I. Commercial General Liability insurance shall be written with minimum limits of$3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any EXHIBIT B (Continued) combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. 2. Automobile Liability insurance with a minimum combined single limit for bodily Injury and property damage of$1,000,000 per accident. 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: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it, 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional Insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the Insurer's liability. M Contractor's Insurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. it EXHIBIT B (Continued) E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk Insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with Insurers with a current A.M. Best rating of not less than A:VII. G� Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional Insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H!. 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. II EVER-29 OP ID: LB CERTIFICATE OF LIABILITY INSURANCE LATE,MM7DL YYY) 07f30/15 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 206-285.7735 CONTACT Lovsted-Worthington LLC PHONE Laura Busclo FAX 200 FirstAve WestSte 500 206-285.3461 Arc Ne E ,2D6-838-1015 Nc No;206-285-3461 Seattle,Wendy Pyle 96119 ADDRESS: laura@lovstedworthington.com Wendy Pyle INSURER Sl AFFORDING COVERAGE NAIC N INSURERA:Depositors Insurance Company INSURED Evergreen Asphalt INSURER B: &Concrete, Inc. P O Box 1567 INSURER C; Kent,WA 98035 INSURER IT INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT TI-IE 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. INSR TYPE OF INSURANCE POLICVEFF POLICY EXP LTft POLICY NUMBER MtdIDDIVYYY MIdIDn YY LRdITS GENERALLIABILITY EACH OCCURRENCE S 1,000,000 A X COMMERCIAL GENERAL LIABILITY X X ACP3007050259 05103/15 05/03/16 AMA ET RENTED PREMISES En orcarrenre 3 10U,000 CLAIMS-MADE lxl OCCUR MED EXP(Anyone person) S 6,00 PERSONAL&ADV INJURY 5 1,000,00 X Stop Gap GENERAL AGGREGATE S 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,00 POLICY X PRO-JECT DO & AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT Ea ac,,an, 5 1,000,00 A IX ANY AUTO X X ACP3007050259 05/03/15 05/03/16 BODILY INJURY(Per person) 5 ALL AUTOS OWNED SCHEDULED ( ) BODILY INJURY Per eccldonl 5 NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS PeO'PER enl S 5 X UMBRELLA LIAR X OCCUR EACH OCCURRENCE 5 2,000,00 A ExcEss UAB CLAIMS-MADE ACP3007050259 05103M5 05103/16 AGGREGATE s 2,000,00 LED I X RETENTIONS 10,000 s WORKERS COMPENSATION 4VCSTATU- OTH - ANDEMPLOYERS'LIABILITY X ER YIN TORV IT A ANY PROPRIETORIPARTNERIEXECUTIVE ❑ ACP1017D50259 05/03115 05103M6 [Er.�CH ACCIDENT s 1,000,00OrHCERIMEMBER EXCLUDED? NIA(Mandatory In NH) WA STOP GAP ASE-EA EMPLOYEE S 1,000,00Ifyes,describeunder DESCRIPTION OF OPERATIONS below L,DISEASE-POLICY LIMIT S 1,000,00(1 I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Re: 15635 Sr 272nd St., Kent, WA.City of Kent is an additional insured per the attached CG7323 & AC0102WA. Insurance is primary and non-contributory per the attached CG7323. Waiver of subrogation applies per the attached CG7323 & AC0101A, CERTIFICATE HOLDER CANCELLATION CITY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cif of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. Nancy Clary 220 Fourth Ave 5 AUTHORIZED REPRESENTATIVE Kent,WA 98032 I ©1985.2010 ACORD CORPORATION. All rights reserved. ACORD 26(2010/05) The ACORD name and logo are registered marks of ACORD f Policy#ACP3007050259 COMMERCIAL GENERAL LIABILITY CG 73 23 11 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ENHANCEMENT PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LOST KEY COVERAGE "Loss"means unintentional damage or SECTION I — COVERAGES, COVERAGE A destruction but does not include disappearance, BODILY INJURY AND PROPERTY DAMAGE theft, or loss of use. LIABILITY, coverage is extended to include the NON-OWNED WATERCRAFT following: SECTION I — COVERAGES, COVERAGE A If a customer's master or grand key, excluding BODILY INJURY AND PROPERTY DAMAGE electronic key card, is lost while in your care, LIABILITY,2. Exclusions is amended as follows: custody or control we will pay the cost of g, Aircraft, Auto Or Watercraft (2) (a) is replacing the keys, including the master lack and replaced with: all keys used in the same lock, the cost of adjusting locks to accept the new keys, or the (a) Less than 51 feet long;and cost to replace the lacks, whichever is less. EXPANDED PROPERTY DAMAGE COV- Limit of Insurance - The most we will pay for ERAGE "loss" arising out of any one "occurrence" is For the purposes of this endorsement only: $5,000. SECTION I — COVERAGES, COVERAGE A SECTION V DEFINITIONS is amended as BODILY INJURY AND PROPERTY DAMAGE follows: LIABILITY, 2. Exclusions is amended as follows: The following definition applies to Lost Key a. Exclusions j.(3),j.(5), and j.(6)are Coverage: deleted in their entirety. "Loss" means unintentional physical damage or b. Exclusion j.(4) is deleted in its entirety destruction to tangible property, including theft or and replaced by the following: disappearance. Tangible property does not Personal property in the care custody or include money or securities. control of the insured: VOLUNTARY PROPERTY DAMAGE 1. for storage or sale at premises you SECTION I — COVERAGES, COVERAGE A own, rent or occupy;or BODILY INJURY AND PROPERTY DAMAGE 2, while being transported by any LIABILITY, coverage is extended to include the aircraft, "auto" or watercraft owned following: or operated by or rented to or loaned At your request,we will pay for"property damage"to to any insured. property of others caused by you and while in your c. The following exclusions are added: possession, arising out of your business operations and occurring during the policy period. 1. The coverage provided by this Limit of Insurance-The most we will pay for endorsement does not apply to "loss"arising out of any one"occurrence"is property damage" arising out of the $500. disappearance or loss of use of personal property. SECTION V—DEFINITIONS is amended as 2, The coverage provided by this follows: endorsement does not apply to The following definition applies to Voluntary "property damage" included in the Property Damage coverage: "products-completed operations hazard". CG 73 23 11 11 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 6 with Its permission. CG 73 23 11 11 Limit of Insurance - The most we will pay b. Up to $2,500 for cost of ball bonds for 'property damage" provided by this required because of accidents or traffic coverage in any one"occurrence"is$5.000. law violations arising out of the use of Deductible - Our obligation to pay for a any vehicle to which the Bodily Injury covered loss applies only to the amount of Liability Coverage applies. We do not loss in excess of$250. have to furnish these bonds. This insurance is excess over any other valid 2. 1.dh,replaced with: and collectible insurance. d. All reasonable expenses incurred by the DAMAGE TO PREMISES RENTED TO YOU insured at our request to assist us in the SECTION I — COVERAGES, COVERAGE A investigation or defense of the claim or BODILY INJURY AND PROPERTY DAMAGE "suit", including actual loss of earnings LIABILITY, the last paragraph of 2. Exclusions up to $500 a day because of time off of is replaced by the following: from work. If Damage to Premises Rented to You is NEWLY FORMED AND ACQUIRED not otherwise excluded, exclusions c. ORGANIZATIONS through n. do not apply to damage by fire, SECTION II — WHO IS AN INSURED is lightning, explosion, smoke or sprinkler amended as follows: leakage to premises while rented to you or 1. 3,a. is replaced with: temporarily occupied by you with permission a. Coverage under this provision Is of the owner. A separate limit of insurance afforded only until the 1801h day after you applies to this coverage as described in acquire or form the organization or the Section III-Limits of Insurance. rl SECTION III — LIMITS OF INSURANCE, earlier; f the policy period, whichever is paragraph 6 is replaced with: ADDITIONAL INSURED — WHEN REQUIRED 6. Subject to 5. above, the Damage To IN AN AGREEMENT OR CONTRACT WITH Premises Rented To You Limit Is the most YOU PRIMARY AND NON-CONTRIBUTORY we will pay under Coverage A for damages The following is added to SECTION II—WHO IS because of 'property damage" to any one AN INSURED premises,while rented to you,or in the case 4. Any person(s) or organization(s) with whom of damage by fire, lightning, explosion, you have agreed in a valid written contract or smoke or sprinkler leakage, while rented to written agreement that such person or you or temporarily occupied by you with organization be added as an additional permission of the owner. The limit Is Insured on your policy during the policy Increased to$300,000. period shown in the Declarations. Such SECTION IV — COMMERCIAL GENERAL person or organization is an additional LIABILITY CONDITIONS, 4. Other Insurance, insured only with respect to liability for b. Excess Insurance (1) (a) (ii) is replaced "bodily injury", "property damage" or with: 'personal and advertising injury". (if) That is Fire, Lightning, Explosion, The person or organization added as an Smoke or Sprinkler leakage insurance insured by this endorsement is an insured for premises rented to you or temporarily only to the extent you are held liable due to: occupied by you with permission of the a. Lessors of Leased Equipment owner. Maintenance, operation or use of SUPPLEMENTARY PAYMENTS equipment leased to you by such person SECTION I — COVERAGES, SUPPLEMEW or organization. This insurance does not TARY PAYMENTS — COVERAGES A AND B is apply to any 'occurrence" which takes amended as follows: place after the equipment lease expires. 1. 1,b. replaced with: However, their status as additional insured under this policy ends when their lease, contract or agreement with you for such leased equipment expires. Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc., CG 73 23 11 11 with Its permission. CG 73 23 11 11 b. Managers or Lessors of Premises The insurance does not apply to The ownership, maintenance or use of (1) "bodily injury", "property damage", or that part of the premises you own, rent, "personal and advertising injury" arising lease or occupy, out of the rendering of or the failure to This insurance does not apply to: render any professional architectural, (1) Any "occurrence" which takes place engineering or survey services, after you cease to be a tenant in that including: premises. (a).The preparing, approving, or failing (2) Structural alterations, new con- to prepare or approve maps, shop strucdrawings, opinions, reports, survey, performed erfo or demolition operations field orders, change orders or person or organization,or on behalf of the p drawings and specifications:or However, their status as additional (b) Supervisory, inspection, architec- insured under this policy ends when you tural or engineering activities. cease to be a tenant of such premises. (2) "Bodily injury" or "property damage" c. State or Political Subdivision - occurring after: Permits (a) All work, including materials, parts Operations performed by you or on our or equipment furnished in Y connection with such work, on the behalf for which the state or political project (other than service, subdivision has issued a permit. maintenance or repairs) to be This insurance does not apply to: performed by or on behalf of the 1 "Bodilyinjury" or "property dame e" additional insured(s) at the location O e l y g of the covered operations has been or "personal or advertising Injury' rd completed;o arising out of operations performed comp i for the state or municipality;or (b) That portion of "your work" out of (2) "Bodily injury" or "property damage" which the injury or damage arises has been put to its intended use by included within the "products- any person or organization other completed operations hazard". than another contractor or However, such state or political subcontractor engaged in subdivision's status as additional insured performing operations for a principal under this policy ends when the permit as a part of the same project. ends. However, a person or organization's d. Owners, Lessees,or Contractors status as additional insured under this "Bodily injury", "property damage" or policy ends when your operations for "personal and advertising Injury" caused, in that additional insured are completed. whole or in part,by: With respect to paragraph 4 of SECTION II (1) Your acts or omissions;or WHO IS AN INSURED, Condition 4. Other Insurance of Section IV — Commercial (2) The acts or omissions of those acting on General Liability Conditions is replaced by the your behalf; following: in the performance of your ongoing 4. Other Insurance operations performed for that additional insured, whether the work is performed by a other valid and collectible insurance is available to the insured for a loss we cover you or on your behalf. under Coverages A or B of this Coverage Part,our obligations are limited as follows: a. Primary Insurance This insurance is primary If you have agreed In a written contract or written agreement: i CG 73 23 11 11 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 6 � with its permission. CG 73 23 11 11 (1) That this insurance be primary. If other insurance is also primary, we (2) When this insurance is excess, we will share with all that other will have no duty under Coverages A insurance as described in c. below; or B to defend the additional insured or against any"suit"if any other Insurer (2) The coverage afforded by this has a duty to defend the additional insurance is primary and non- insured against that"suit". If no contributory with the additional other insurer defends, we will insured's own insurance. undertake to do so,but we will be Paragraphs (1) and (2) do not apply entitled to the additional insured's to other insurance to which the rights against all those other additional insured has been added insurers. as an additional Insured or to other (3) When this insurance Is excess over insurance described in paragraph b. other insurance,we will pay only our below. share of the amount of the loss, if b. Excess Insurance any,that exceeds the sum of: This insurance is excess over: (a) The total amount that all such other insurance would pay for (1) Any of the other insurance, whether the loss in the absence of this primary, excess, contingent or on insurance;and any other basis: (b) The Total of all deductible and (a) That is Fire, Extended self-Insured amounts under all Coverage, Builder's Risk, that other insurance. Installation Risk or similar (4) We will share the remaining loss, if coverage for"your work"; any, with any other insurance that is (b) That is fire, lightning, or not described In this Excess explosion insurance for Insurance provision and was not premises rented to you or bought specifically to apply in temporarily occupied by you with excess of the Limits of Insurance permission of the owner; shown in the Declarations of this (c) That is insurance purchased by Coverage Part. you to cover your liability as a c. Method Of Sharing tenant for "property damage" to If all of the other insurance available to premises rented to you or the additional insured permits temporarily occupied by you with contribution by equal shares,we will permission of the owner;or follow this method also. Under this (d) If the loss arises out of the approach each insurer contributes equal maintenance or use of aircraft, amounts until it has paid Its applicable "autos" or watercraft to the limit of insurance or none of the loss extent not subject to Exclusion remains,whichever comes first. g. of Section I — Coverage A — If any of the other insurance available to Bodily Injury And Property the additional insured does not permit Damage Liability. contribution by equal shares,we will (a) That is any other insurance contribute by limits. Under this method, available to an additional each Insurer's share is based on the insured under this endorsement ratio of its applicable limit of insurance to covering liability arising out of the total applicable limits of insurance of the premises or operations, or all insurers. products completed operations, for which the additional insured has been added as an additional insured by that other insurance. Page 4 of 6 Includes copyrighted material of Insurance Services Office, Inc., CG 7323 11 11 with its permission. i CG 73 23 11 11 EMPLOYEE BODILY INJURY TO ANOTHER MEDICAL PAYMENTS EMPLOYEE SECTION III — LIMITS OF INSURANCE, SECTION II — WHO IS AN INSURED The Paragraph 7. Is replaced: following Paragraph is added to 2.a.(1) 7. Subject to 5.above,the higher of: Paragraphs 2.a.(1)(a), (b) and (c) do not a. $10,000;or apply to "bodily injury" to a co-"employee" in b. The amount shown in the Declarations employment by you, or to "boodil the course of the "bodily injury" to a employee's" for Medical Expense Limit is the most co-"volunteer worker" while performing we will pay under Coverage C for all duties related to the conduct of your medical expenses because of "bodily business. injury"sustained by one person. BROAD FORM NAMED INSURED This coverage does not apply if Coverage C — SECTION II WHO IS AN INSURED The Medical Payments is excluded either by the following Paragraph is added to 2. provisions of any coverage forms allactied to the policy or by endorsement. e. Any business entity incorporated or KNOWLEDGE OF AN OCCURRENCE organized under the laws of the United State of America (including any State thereof), its SECTION IV — COMMERCIAL GENERAL territories or possessions or Canada LIABILITY CONDITIONS, The following is added (including any Province thereof) in which the to 2. Duties In The Event Of Occurrence, Named Insured shown in the Declarations Offense,Claim Or Suit condition: owns, during the policy period, an interest of e. Knowledge of an occurrence, offense, claim more than fifty percent. If other valid or suit by an agent or employee of any collectible insurance is available to any insured shall not in itself constitute business entity covered by this solely by knowledge of the insured unless you, a reason of ownership by the Named Insured partner, if you are a partnership; or an shown in the Declarations in excess of fifty executive officer or insurance manager, if percent, this insurance is excess over the you are a corporation receives such notice of other insurance, whether primary, excess, an occurrence, offense, claim or suit from contingent,or on any other basis. the agent or employee. AGGREGATE LIMIT PER LOCATION f. The requirements in Section IV — SECTION III — LIMITS OF INSURANCE The Conditions Paragraph 2.b. will not be following paragraph is added to paragraph 2: considered breached unless there is The General Aggregate Limit under Section knowledge of occurrence as outlined in III Limits of Insurance applies separately to paragraph e. above. each of your locations owned by or rented to UNINTENTIONAL FAILURE To DISCLOSE you or temporarily occupied by you with the HAZARD permission of the owner. For the purposes of SECTION IV — COMMERCIAL GENERAL this provision, location means premises LIABILITY CONDITIONS, 6. Representations Is involving the same or connecting lots, or amended to Include: premises whose connection Is Interrupted d. Your failure to disclose all hazards or prior only by a public street, roadway,waterway or railroad right-of-way. "occurrences" or offenses existing as of the 1 AGGREGATE LIMIT PER PROJECT inception date of the policy shall not prejudice the coverage afforded by this SECTION III — LIMITS OF INSURANCE The policy provided such failure to disclose all following paragraph is added to paragraph 2: hazards or prior"occurrences"or offenses is The General Aggregate Limit under Section not intentional. This provision does not III Limits of Insurance applies separately to affect our right to collect additional premium each of your construction projects away from or exercise our right of cancellation or non- premises owned by or rented to you. renewal. CG 73 23 11 11 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 6 with its permission. CG 73 23 11 11 WAIVER OF SUBROGATION BROADENED BODILY INJURY DEFINITION SECTION IV — COMMERCIAL GENERAL (MENTAL ANGUISH) LIABILITY CONDITIONS, 8.Transfer of Rights SECTION V — DEFINITIONS Is amended as of Recovery Against Others to Us is amended follows: to include: 1. 3. "Bodily injury"is deleted and replaced with If required by a written contract executed the following: prior to loss, we waive any right of "Bodily injury" means physical injury, subrogation we may have against the sickness or disease to a person and, if contracting person or organization because arising out of the foregoing, mental anguish, of payments we make for injury or damage arising out of your ongoing operations or mental injury, shock humiliation, including death at any time resulting therefrom. "your work" done under a contract with that person or organization and included in the 'products-completed operations hazards". LIBERALIZATION SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 18. Liberalization Is added as follows: If we revise this coverage form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. All terms and conditions of this policy apply unless modified by this endorsement. I Page 6 of 6 Includes copyrighted material of Insurance Services Office, Inc., CG 73 23 11 11 with its permission. f COMMERCIAL AUTO AC 0102WA 03 10 I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. �i BUSINESS AUTO EXTENSION ENDORSEMENT- WASHINGTON This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM A. CHANGES FOR TRAILERS AND FARM C. BLANKET ADDITIONAL INSURED EQUIPMENT Any person or organization which you have 1. Under the COVERED AUTOS Section, agreed to name as an additional insured in a the following are added to Paragraph C. written contract, executed prior to an acci- Certain Trailers, Mobile Equipment and dent, other than a contract for the lease or Temporary Substitute Autos: rental of a vehicle is an "Insured" for Liability 4. "Trailers" designed to be towed by a Coverage,but only to the extent that person private passenger type "auto" or, a or organizatlon qualifies as an "insured" pickup, panel truck or van if not used under the Who Is An Insured Provision con- for business purposes, other than talned in the LIABILITY COVERAGE farming or ranching. SECTION of the Coverage Form 5. Farm wagons or farm implements D. REPLACED EXCLUSIONS while being towed by a covered "au- The Expected or Intended Injury Exclusion to". In the LIABILITY COVERAGE SECTION is B. CHANGES FOR ADDITIONAL NEWLY replaced by the following: ACQUIRED VEHICLES Expected or Intended Injury 2. Paragraph B.2 of[fie COVERED AUTOS "Bodily injury"or"property damage"which is SECTION Is replaced by the folfowing: expected or intended by the "insured". This 2. If Symbol(s)7or 67 is entered next to exclusion applies even If the resulting "bodi- a coverage in Item Two of the Decla- ly injury"or..property damage": rations, an "auto"you acquire will be a. is of a different kind, quality or degree a covered "auto" for that coverage than initlally expected or intended;or only if: b. is sustained by a different person,entity, a. We already cover at least one real property, or personal property than "auto" you own for that coverage that initially expected or intended. or it replaces an "auto" you pre- E. ADDITIONAL EXCLUSIONS viously owned that had that cov- erage;and The following exclusions are added to the b. You tell us within 30 days after LIABILITY COVERAGE SECTION: you acquire It that you want us to Damage to Named Insured's property cover it for that coverage. Any claim or "suit" for"property damage"by The most we will pay for Physical Dam- you or on your behalf against any other per- age Coverage for "loss" under this Cov- son or entity that is also a Named Insured erage Extension is $100,000 per "auto", under this policy. subject to the largest deductible applica- Abuse or Molestation ble to any"auto"for that Coverage. AC 01 02WA 03 10 Includes copyrighted material of Insurance Services Olfice,Inc., with its permission Page 1 of 4 ACP BAPD30A-7050259 ME 15135 INSURED COPY AC0102031000 0001 75 0023682 AC 01 02WA 03 10 "Bodily injury" or"property damage"aris- b. Resulting from food or drink furnished ing out of; with these services. a. The actual or threatened abuse or "Bodily injury" or "property damage" result- molestation by anyone or any person ing from the handling of corpses. while in the care, custody or control F. MOTOR HOME CONTENTS COVERAGE of any"insured",or 1. For a covered "auto" that is a motor home b. The negligent: the following exclusions are added to the 1) Employment; PHYSICAL DAMAGE COVERAGE 2) Investigation; SECTION: 3) Supervision; Motor Home Contents 4) Reporting to the proper authori- This insurance does not apply to; ties,or failure to so report;or a. "Loss' to the covered "auto's"contents, 5) Retention; except equipment usual to trucks or pd- vote passenger"autos . of a person for whom any"Insured"is b. "Loss" to TV antennas, awnings or ca- or ever was legally responsible and banal, whose conductwculd be excluded by Paragraph a. above, c, "Loss" to equipment designed to create Abuse means an act which is committed added living facilities. with the intent to cause harm. However, these exclusions do not apply if Explosives Miscellaneous Personal Property Coverage is provided by endorsement to this policy. "Bodily injury" or "property damage" G. ACCIDENTAL AIRBAG DISCHARGE caused by the explosion of explosives COVERAGE you make,sell or transport. Rolling Stores Under Paragraph B.3.a. of the PHYSICAL If a covered "auto" Is a rolling store, "bo- is added: e GE COVERAGE SECTION, the following d; dily injury"or"property damage"resulting Mechanical breakdown does not include the ac- from the handling, use or condition of any cidental discharge of an ai bag. item the "insured" makes, sells or distri- butes if the Injury or damage occurs after H. PHYSICAL DAMAGE LIMIT OF INSURANCE the "insured" has given up possession of Under PHYSICAL DAMAGE COVERAGE the item. SECTION, Paragraph C, Limit of Insurance is Wrong Delivery of Liquid Products replaced by the following; "Bodily injury" or "property damage" re- C. Limit Of Insurance sulting from the delivery of any liquid Into i. The most we will pay for "loss" in any the wrong receptacle or to the wrong ad- one"accident"is the lesser of: dress, or from the delivery of one liquid a. The actual cash value of the dam- for another,if the "bodily injury" or "prop- aged or stolen property as of the . erty damage" occurs after the delivery time of the "loss";or has been completed. b. The cost of repairing or replacing Delivery is considered completed even If the damaged or stolen property. further service or maintenance work, or 2. $1,000 is the most we will pay for"loss" correction, repair or replacement is re- in any one "accident" to all electronic qu(red because of wrong delivery. equipment that reproduces, receives or Professional Services "Bodily injury": a. Resulting from the providing or the failure to provide any medical or oth- er professional services. Page 2 of 4 Includes copyrighted material of Insurance Services Office.Inc„ with its permission AC 01 02WA03 10 ACP DAPD30-0.7050259 L7JE 15135 INSURED COPY AC0102031000 0001 76 0023603 �I AC 01 02WA 03 10 transmits audio, visual or data signals I. GLASS REPAIR-WAIVER OF DEDUCTIBLE which,at the time of"loss",is: Under Paragraph D. Deductible of the a, Permanently installed in or upon PHYSICAL DAMAGE COVERAGE SECTION, the covered "auto" in a housing, the following Is added: opening or other location that is No deductible applies to glass damage if the not normally used by the "auto' glass is repaired rather than replaced, manufacturer for the installation J. AMENDED DUTIES IN EVENT OF ACCIDENT, of such equipment, CLAIM,SUIT, OR LOSS b. Removable from a permanently The requirement In Loss Condition 2.a. Duties In Installed housing unit as de- The Event Of Accident, Claim, Suit Or Loss—of scribed In Paragraph 2.a. above the BUSINESS AUTO CONDITIONS SECTION or Is an integral part of that and the MOTOR CARRIER CONDITIONS equipment;or SECTION that you must notify us of an "acci- c. An integral part of such equip- dent", "claim", "suit", or"loss" applies only when ment. the "accident", "claim", "suit', or"loss" Is known 2. An adjustment for depreciation and to : physical condition will be made in de- 1. You,if you are an individual termining actual cash value in the 2. A partner,if you are a partnership; event of total"loss". 4, The cost of repairing or replacing 3• An executive officer or the employee desig- nated by you to give such notice if you are a may: corporation;or a, Be based on an estimate which 4, A member, if you are a limited liability com- Includes parts fumished by the pany original equipment manufacturer or other sources including non- K. UNINTENTIONAL FAILURE TO DISCLOSE original equipment maru factur- HAZARDS ers and The BUSINESS AUTO CONDITIONS SECTION b. Include a deduction for better- and MOTOR CARRIER CONDITIONS ment for a part or parts that are SECTION-B.2. are amended by the addition of normally subject to repair or re- the following: placement during the useful life If you unintentionally fail to disclose any hazards of the "auto" such as, but not li- existing at the inception date of your policy, we mited to tires and batteries. will not deny coverage under this Coverage Betterment means the difference Form because of such failure. However, this between the actual cash value of provision does not affect our right to collect addl- a part immediately before the tionaf premium or exercise our right of cancella- "loss" and the cost to replace tion or nonrenewal, that part with a new part, L. AUTOS HIRED OR RENTED BY EMPLOYEES . 5. If we offer to pay the actual cash val- If hired or rented"autos"are covered"autos" on ue of the damaged or stolen proper- this policy,the following provisions apply: ty, we will value auto advertising A. Changes In Liability Coverage wraps, paint customization,and simi- lar business related advertising mod- The following is added to the Whorls An In- shred Provision in the LIABILITY ifications, in addition to the actual COVERAGE SECTION: cash value of the property. Auto ad- vertising wraps, paint customization, An "employee"of yours is an "insured"while and similar business related advertis- operating an "auto" hired or rented under a ing modifications will be valued at the contract or agreement in that "employee's" cost to replace them with an adjust- ment made for depreciation and physical condition. AC 01 02WA 03 10 Includes copyrighted material of Insurance Services Olfice, Inc., with Its permission Page 3 of 4I�, ACP BAPD30-0.7050259 L7JE 15135 INSURED COPY AC010203100D 0001 75 0023684 i AC 01 02WA o3 10 name, with your permission, while per- M. EMERGENCY LOCKOUT- PRIVATE forming duties related to the conduct of PASSENGER VEHICLES your business. We will reimburse you up to $50 for reasonable B. Changes In General Conditions expense incurred for the services of a locksmith Paragraph 5.b. of the Other Insurance to gain entry Into your covered"auto"of the pri- Condition and Paragraph 5,f, of the vate passenger type subject to these provisions: Other Insurance Condition in the Motor t. Your door'key or key entry pad has been Carrier Coverage Form is replaced by the lost, stolen or locked in your covered "auto" following: and you are unable to enter such"auto",or For Hired Auto Physical Damage Cover- 2. . Your key or key entry pad has been lost or age, tiro following are deemed to be cov- stolen and you have changed the lock to eyed"autos"you own: prevent an unauthorized entry;and 1. Any covered "auto" you lease, hire, 3. Original copies of receipts for services of a rent or borrow;and locksmith must be provided before reim- 2. , Any covered"auto"hired or rented by bursement Is payable. your "employee" under a contract in N. LIBERALIZATION that individual "employee's" name, Paragraph 3.of the Other Insurance Condition in with your permission, while perform- the Business Auto Coverage Form Is replaced by ing duties related to the conduct of the following: If we adopt any revisionlhatwould Your business. broaden the coverage under this policy without However,any"auto"that is (eased, hired, additional premium within 60 days prior to or dur- rented or borrowed with a driver is not a ing the policy period,the broadened coverage will covered"auto". immediately apply to this policy. All terms and conditions of this policy apply unless modified by this endorsement. i Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc.,with its permisslon AC 01 02WA 03 10 ACP SAPD30-0-7050250 ME 15105 INSURED COPY AC01D2031000 0001 75 0023005 COMMERCIAL AUTO AC 01 01 A 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ADVANTAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM A. NEWLY ACQUIRED OR FORMED ENTITIES d. Any "employee"of yours Is an "insured" The Named Insured shown In the Declarations while using a covered "auto" you don't is amended to include any organization you own, hire or borrow in your business or newly acquire or form, other than a partnership, your personal affairs. .Joint venture, or limited liability company, and D. SUPPLEMENTARY PAYMENTS — BAIL over which you maintain ownership or majority BONDS (more than 50%) interest; if there is no other Paragraph A.2.a. (2) of the LIABILITY similar insurance available to that organization. COVERAGE SECTION Is revised as follows: Coverage under this provision Is afforded until (2) Up to $2,600 for cost of bail bonds the 180 day after you acquire or form the or- (in- cluding bonds for related traffic few vl- ganization or the end of the policy period, whi- chever is later, olations) required because of an "acci- dent" we cover. We do not have to B. TEMPORARY SUBSTITUTE AUTOS — furnish these bonds. PHYSICAL DAMAGE COVERAGE E. SUPPLEMENTARY PAYMENTS — LOSS OF The following is added to paragraph 0. Certain EARNINGS Trailers, Mobile Equipment And Temporary Substitute Autos of the — COVERED AUTOS Paragraph A.2.a.(4) . of the LIABILITY COVERAGE SECTION is revised as follows: SECTION: ' If Physical Damage Coverage is provided by (4) All reasonable expenses incurred by the "in- this Coverage Form, the following types of sured" at our request, including actual loss vehicles are also covered "autos" for Physi- of earnings up to $500 a day because of cal Damage Coverage: time off from work, Any "auto" you do not own while used with R FELLOW EMPLOYEE — OFFICERS, the permission of its owner as a temporary MANAGERS,AND SUPERVISORS substitute for a covered"auto"you own that Paragraph B.6,A. Fellow Employee In the is out of service because of its: LIABILITY COVERAGE SECTION is replaced a. Breakdown; as follows; b. Repair; A. "Bodily injury" to any fellow "employee" of the"insured"arising out of and In the course C. Servicing; of the fellow "employee's" employment or d. "Loss";or while performing duties related to die con- e. Destruction duct of your business. This exclusion does The coverage that applies is the same as not apply to an "insured" who occupies a the coverage provided for the vehicle being position as an officer, manager, or supervi- replaced. sor, C. EMPLOYEES AS INSUREDS — NONOWNED G. PERSONAL EFFECTS AND PROPERTY OF AUTOS OTHERS EXTENSION The following is added to paragraph A.I. Who Is 1. Paragraph B.6. Care, Custody or Control of An Insured of the LIABILITY COVERAGE the LIABILITY COVERAGE SECTION, does SECTION: not apply to "property damage"to property, other than your property, up to an amount AC 01 01A 03 70 Includes copyrighted material of Insurance Services Office, Inc. Page i of 3 with Its permission ACP BAPWM-7050259 L7JE 16135 INSURED COPY AC0101031006 0001 75 0023679 AC 01 O'IA 0310 not exceeding $250 in any one "accident". 2) Financial penalties imposed under Coverage is excess over any other valid and lease for excessive use, abnormal collectible insurance, wear and tear or high mileage; 2. The following paragraph is added to A.4. 3) Security deposits not refunded by a Coverage Extensions of the — PHYSICAL lessor; DAMAGE COVERAGE SECTION: 4) Costs of extended warranties, Cre- c. We will pay up to $500 for your property dit Life insurance, Health, Accident, that is lost or damaged as a result of a or Disability insurance purchased covered "loss", without applying a de- with the lease;and ductlble. Coverage is excess over any 5) Carry-over balances from previous other valid and collectible Insurance. leases. H. HIRED AUTO PHYSICAL DAMAGE 2. This coverage only applies to a"loss"which If covered "auto" designation symbols 1,8,61 or is also covered under this policy for Com- 68 apply to Liability Coverage and if at least one prehenslve, Specified Causes of Loss, or "auto" you own is covered by this policy for Collision coverage, Comprehensive, Specified Causes of Loss, or 3. Coverage does not apply to any unpaid Collision coverages, then the Physical Damage amount due on a loan for which the covered coverages provided are extended to "autos"you "auto"is not the sole collateral, lease, hire, rent or borrow without a driver, and K. RENTAL REIMBURSEMENT COVERAGE provisions in the Business Auto Coverage Form applicable to Hired Auto Physical Damage ap- 1. This coverage applies only to a covered"au ply. The deductible will be equal to the largest to" for which Physical Damage Coverage is deductible applicable to any owned "auto" for provided on this policy. that coverage. Any Comprehensive deductible 2. We will pay for rental reimbursement ex, does not apply to fire or lightning. penses incurred by you for the rental of an I. EXPANDED TOWING COVERAGE "auto" because of"loss"to a covered"auto". We will pay up to; Payment applies in addition to the otherwise applicable amount of each coverage you 1. $100 for a covered "auto" you own of the private passenger type,or have a covered "auto," No deductiblesto apply to this coverage. 2.. MO for a covered "auto" you own that is 3. We will pay only for those expenses in- not of the private passonger type, curred during the policy period beginning 24 for towing and labor costs incurred each time hours after the "loss"and ending,regardless the covered "auto"is disabled. However, the la- of the policy's expiration, with the lesser of bor must be performed at the place of disable- the following number of days: ment. a, The number of days reasonably re- This coverage applies only for an "auto"covered quired to repair or replace the covered on this policy for Comprehensive or Specified "auto". If "loss" is caused by theft, this Causes of Loss Coverage and Collision Cove- number of days Is added to the number 'rages. of days it takes to locate the covered J. AUTO LOAN OR LEASE COVERAGE "auto"and return it to you. 1. In the avant of a total "loss" to a covered h. The number of days shown in the Sche- "auto", we will pay any unpaid amount due dule. on the loan or lease, including up to a max- 4. Our payment is limited to the lesser of the imum of $500 for early termination fees or following amounts: penalties,for your covered"auto"less: 1. Necessary and actual expenses in- a. The amount paid under the- PHYSICAL curred. DAMAGE COVERAGE SECTION of this 2. $76 for any one day or for a maximum policy; and of 30 days. I Any: 5. This coverage does not apply while there 1) Overdue lease/loan payments at the are spare or reserve"autos"available to you time of tine"toss"; for your operations. Page 2 of 3 Includes copyrighted material of Insurance Services Office, Inc AC Oi 01A 0310 with its permission. ACP BAPD30�0.7050269 17JE 16135 INSURED COPY AC0101031000 0001 75 0023680 AC0101Ao3to 6. If "loss" results from the total theft of a cov- 5. The provisions of paragraphs Land 3. do ered "auto" of the private passenger type, not apply to a covered "auto"of the private we will pay under this coverage only that passenger type or a vehicle with a gross ve- amount of your rental reimbursement ex- hlcle weight of 20,000 pounds or toss which penses which is not already provided for is a new vehicle. under the PHYSICAL DAMAGE In the event of a total "loss" to your new ve- COVERAGE Coverage Extension. hicle to which this coverage applies, we will 7. Coverage does not apply to any covered pay at your option: "auto"for which coverage is provided by en- a, The verifiable new vehicle purchase dorsementform OA9923 on this policy. price you paid for your damaged ve- hicle, not Including any insurance or L. EXPANDED TRANSPORTATION EXPENSE warranties purchased; Paragraph A.4,a. of the PHYSICAL DAMAGE b. If it Is available, the purchase price, as COVERAGE SECTION is replaced by the fol- negotiated by us,of a new vehicle of file lowing: same make, model, and equipment or We will pay up to $50 per day to a maximum of the most similar model available, hot in- $1000 for temporary transportation expense in- eluding any furnishings, parts, or equip- curred by you because of the total theft of a ment not installed by the manufacturer covered "auto" of the private passenger type. or manufacturers'doalership;or, We will only pay for those covered "autos" for c. The market value of your damaged ve- which you carry Comprehensive or Specified hlcle, not including any furnishings, Causes of Loss Coverage. We will pay for tem. parts, or equipment not installed by the . porary transportation expenses incurred during manufacturer or manufacturer's dealer- the period beginning 48 hours after the theft and ship. ending, regardless of the policy's expiration, We will not pay for initiation or set up costs when the covered "auto"is returned to us or we associated with loans or leases pay for its "loss". In this endorsement, a new vehicle means 111L EXTRA EXPENSE—STOLEN AUTOS an "auto"of which you are the original owner The following paragraph is added to Section that has not been previously t ifed and which A.4, of the—PHYSICAL DAMAGE COVERAGE you purchased less than 365 days before SECTION: the date of the"loss". c. We will pay for up to$5,0oo for the expense O. BLANKET WAIVER OF SUBROGATION of returning a stolen covered "auto' to you. The following Is added to paragraph 5. Transfer We will pay only for those covered "autos" Of Rights Of Recovery Against Otters To Us of for which you carry Comprehensive or Spo- — BUSINESS AUTO and MOTOR CARRIER cified Causes of Loss Coverage CONDITIONS SECTIONS: N. NEW VEHICLE REPLACEMENT COST We waive any right of recovery we may have The following is added to paragraph C,Limit of against any person or organization to the extent fnsurance of the PHYSICAL DAMAGE required of you by a written contract executed COVERAGE SECTION: prior to any"accident"because of payments we make for damages under this coverage form. All terms and conditions of this policy apply unless modified by this endorsement, AC 01 01A 03 10 Includes copyrighted material of Insurance Services Office, Inc., page 3 of 3 with its permission ACP eAP D50-0-7050259 ME 1519s INSURED COPY AGO101031000 Cool 75 01023681 City of Kent Business License KENT WAa Xlnarfl� EVERGREEN ASPHALT&CONCRETE INC PO Box 1567 KENT,ZYA 98035 i Please tear at nerforafion--------------------------------------- Per RC`N 82.14 local Sales BUSINESS LICENSE and use tae must be coded LICENSE MUST BE RENEWED ANNUALLY BY No. 171S for all qualified sales within the city of • JANUARY 31 TO AVOID PENALTY Kent. KENT Issuance of License Does Not imply Licensee's w A,,,,x o>o. . Compliance with State and Local Laws TIIIS LICENSE MUST BE POSTED IN A CONSPICUOUS Year : 2015 PLACE,NOT TRANSFERABLE OR ASSIGNABLE NAME AND ADDRESS OF BUSINESS BLOC-2140733 MAYOR EVERGREEN ASPHALT&CONCRETE INC 18744 SE 282ND ST The City of Kent KENT, WA 9804E Ata-o<TH Av$SO 1.:NT.WASN NGTON'93912