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HomeMy WebLinkAboutPK17-352 - Original - Stripe Rite Inc. - Sealcoating & Restriping of Service Club Ballfields Parking Lot - 06/02/2017 w / /r�/`l'�%/M Rt-% cr-% rds Man; j rir m t'/// p ii 91 �'/ 1111117E j %l j Document WASH Nor.P 0w 77777"���� 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: Stripe Rite, Inc, Vendor Number: 34801 JD1 Edwards Number Contract Number: = This is assigned by City Clerk's Office Project Name: Service Club Ballfields-Sealcoatinq and Restriping of Parking Lot Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment X❑ Contract ❑, Other: Contract Effective Date: 05/31/2017 Termination Date: 09/29/2017 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Justin Oliver Department: Park Maintenance-East Hill Contract Amount: $25,411.30 Approval Authority: ❑ Department Director X0 Mayor 0 City Council Detail: (i.e. address, location, parcel number, tax id, etc.):. Sealcoating and restriping of parking lot at Service Club Ballfie-1ds located at 14 98 SE 288t" Street, Kent 'I�,rA 98942 as . . ....... _-- _-_ ._ ..._ and marked as Exhibit A attached. As of. 08/'27/14 I�KENT PUBLIC WORKS AGREEMENT between City of Kent and Stripe Rite Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Stripe Rite Inc, organized under the laws of the State of Washington, located and doing business at 1813 137'h Ave. E., Sumner, WA 98390; P: 253-863-2987, F; 253-863-3120, contact: Jake Bateman, (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: ------------ Sealcoating and restriping of parking lot at Service Club Ballfields located at 14608 SE 288 1h St, Kent 'WA 98042 as per attached Bid Number 17-2323 dated' April 24, 2017 marked as Exhibit A attached. 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, 11. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, the Contractor shall complete the work described in Section I within 120 days, . III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed TWENTY FIVE THOUSAND FOUR HUNDRED ELEVEN DOLLARS AND 30 CENTS ($2S,411.30)], including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor fifty percent (50%) of the Contract amount upon completion and acceptance of the work by the City, or at such earlier time as the City may determine is appropriate, The City will pay the remaining Contract amount upon fulfillment of the conditions listed below and throughout this Agreement, A. No Payment and Performance Bond, Because this contract, including applicable sales tax, is less than $35,000, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the City retain the final fifty percent (50%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. PUBLIC WORKS AGREEMENT - 1 (Over$20K, under$35K, and No Performance Bond) B. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. C. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. 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. PUBLIC WORKS AGREEMENT - 2 (Over$20K, under$35K, and No Performance Bond) B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. PUBLIC WORKS AGREEMENT - 3 (Over$20K, under$35K, and No Performance Bond) At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. 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 repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for 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. PUBLIC WORKS AGREEMENT - 4 (Over$20K, under$35K, and No Performance Bond) XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. 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 duty to defend, indemnify, and hold the City harmless, and Contractor's liability accruing from that obligation 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. PUBLIC WORKS AGREEMENT - 5 (Over$20K, under$35K, and No Performance Bond) A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and 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. PUBLIC WORKS AGREEMENT - 6 (Over$20K, under$35K, and No Performance Bond) 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. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACT R: CITY OF KE ........... By: By: (Signat (signature)T Print ame: PI N a e!ri , zette Cooke Its I s v Ma or (title) DATE: 5/tct q DATE: NOTICES TO-iE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: lake Bateman Justin Oliver, Project Manager Stripe Rite Inc City of Kent 1813 137t" Avenue E. 220 Fourth Avenue South Sumner, WA 98390 Kent, WA 98032 253-261-8611 (cell) (253) 455-2457 (cell) 253-863-29,87 (telephone) 253-863-3120 (facsimile) (253) 856-5135 (telephone) (253) 630-0670 (facsimile) APPROVED AS TO FORM: Kent' L [)apartment [In this N21d,you may ef9er the electrOMC fileodth where the CoiltrACE has been saved PUBLIC WORKS AGREEMENT - 7 (Over$20K, under$35K, and No Performance Bond) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any 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 1, 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:--.. q 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 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A Scope,wf work for Service Club Sea|umadmg and Resthpin& Work tobe performed at Serv�ce Club @aNfie|ds �ocated at: l4GO8SE288th St, Kent, VVA98O4Z VVorNtmbeperformedbetweenJu|y1nm, Z017and ]u|V13m, 2O17, |fweatherdoesnotpenmitwnrktm bccomp|eteddurinQthattime,]m[y31p—AugustZ~'vxiObethebackupvvindovv. • Prepare Iot for mea|coating • Apply two coats mfA-1OOCommercial Grade Sealer mrequivalent = ResLripe parking lot to match previous existing layout. AH work is to be performed to normal practices of the trades and manufacturer specifications of all materials used. Prevailing wage must be included inbid. The Contractor shall cleanup, remove and properly dispose mfany and all job related debris and materials from the job site. Project area is shown in picture below. Exact size specifications to he confirmed by City nfKent project manager on site with contractor. _ 1`813 137th Ave E Sumner WA 98390 BID PROPOSAL BY-fake Bateman Ph (253)863-2987 SEND CONTRACT MD/OR SIGN AND REnMN TREE Fax (253)863.3120 TO ACCEPT BID www stnpente com 1akeQstrtpente coin SCHEDULING:PLEASE CALL: (253)8B3-2987 Bid Number. V-2323 April 24,2017 COMPANY NAME PROJECT CITY OF KENT PARKS DEPT SERVICE CLUB SEALCOATING AND RESTRIPING 220 FOURTH AVE SOUTH 14608 SE 288TH ST KENT,WA 98032 KENT,WA 98042 Ph: 253-455-2457 Email: JOliver®kentwa.gov Rep's Name: JUSTIN Fax: Office: 253-455-2457 Fax: Email: JOliver0kentwa-gov Prevailing: Yes Sales Tax argeM U CW&W on File on ITEM# EST QTY UNITS ITEM DESCRIPTION UNIT PRICE TOTAL 129,712 S.F. CLEAN LOT AND APPLY SEAL COAT $ 0.14 $ 18,159.68 'MATERIAL IS SPECIAL ASPHALT RESURF_ACER XLR8 `TO BE INSTALLED PER MANUFACTURER SPECIFICATIONS 299 EACH RESTRIPE PARKING STALL:WHITE $ 9.50 $ 2,840.50 2 EACH RESTRIPE 12"(STAFF)STENCIL:WHITE 35.00 $_ $ 70.00 - -- - - 2 EACH RESTRIPE 12"(BUS PARKING)STENCIL:WHITE $ 40.00 $ 80.00 4 EACH RESTRIPE 18"(NO PARKING FIRE LANE)STENCIL:WHITE $ 50.00 $ 200.00 11 EACH RESTRIPE HANDICAP STENCIL:WHITE ON BLUE WITH WHITE BORDER 825.00 288 S.F. RESTRIPE CROSSWALK:_WHITE(2'X8'BLOCKS) $ 2.00 $ 576.00 2 -- EACH RESTRIPE BUS PARKING STALL:WHITE _- - _- S— 25.00 § - 50.00 - - - - — 200 L.F. RESTRIPE CURB:RED $ 1.50 $ 300.00 'ALL PAVEMENT MARKINGS WILL BE DONE WITH WSDOT SPEC - - -- - PAINT - -- - - Total(Sales Tax Not Included) $ 23,101.18 'ANYTHING NOT CLEARLY STATED ABOVE SHALL BE EXCLUDED FROM BID! 'EXCLUDES PRELIMINARY SPOTTING AND LAYOUT, +►o% y�Ia t2 REMOVAL OF TEMP TAPE AND CORE DRILLING! 2Sr4,lt_30 BID PROPOSAL GOOD FOR 30 Bid Proposal Terms: This bid proposal is based on( )mobilizahonts) If additional mobilizations are required due to scheduling conflicts that are out of Stripe Rrte's control,a mobl6zation fee of S850 00-11 be charged each time for pavement marlung signs precast and S750 00 for extruded curb and seal coat Excludes permits.layout.referencing,traffic control.sales tax and any other items not specifically mentioned in this bid proposal Scheduled work may be cancelled by unfavorable weather Stripe Rite,Inc..shall solely determine unfavorable weather Conditions as Stripe Rite.Inc bears the responsibility for installation and is in the best position to judge weather conditions Stripe Rite.Inc shall not bear any financial responsibility for delays caused by strikes.weather conditions.delay in obtaining materials or other causes beyond its control Payment terms are as follows Within 30 days of receipt of invoice All past due Invoices shall bear interest at 18%per antrum until pad or the maximum rate allowed by law In the event that it becomes necessary to employ an attorney to enforce the rights of any part of this signed bdlcontract or any modification hereof the prevailing parry shall be entitled to recover their collection costs.attorneys fees,and court fees.etc regardless if actual suit Is brought. Customer Authonzation Title Date TRAFFIC ---------- 1 �i/✓f www� � i if�ifiioi� oa��r,, i'io/J� i m � s A TRAFFIC SAFETY SOLUTIONS COMPANY Highways, Roads TRAFFIC PAINT Ennis-Flint manufactures and SUpplies a full line of-traffic paints are both waterborre arid solvent based formulations engineered to meet your specification whether Federal, State, local, or commercial based. WATERBORNE TRAFFIC PAINT Environmental) friend) and lasting y y' g pavement markings,waterborne traffic paint is based on proven acrylic emulsion technologies.Formulated for use in a wide range of applications from streets and highways to parking lots,waterborne traffic paints can be applied from temperatures as low as 35"F to as high as 120T.Waterborne paints are suitable for application an both bituminous and concrete substrates and can be sprayed with airless or conventional spray equipment. STANDARD DRY DURASHEEN r ■ Law VOC formula,non-flammable M Specifically for use where dirt N Reduces and cleans up with water pickup is an issue w 0 Excellent atomization and ■ Excellent atammzatlon and application characteristics application characteristics sill Dries to a durable,abrasion-resistant 0 Performs equally well on both / finish In temperatures of 50T and rising asphalt and concrete surfaces ® Most commonly used for curbs. ;6 FAST DRY on roadways and parking lots ■ 'Worker and environmentally friendly e Proven waterborne acrylic durability EXTENDED SEASON 'r • Minimizes traffic control when restriping N Developed for use from early less antler standard c minutes or Specialized til late Fall 0 Dries to no trac conditions at '15Spring ' formula eliminates wet mils(vs.25 min.std.) switching to solvent systems in HIG,FI BUILD cold climates y Eliminates hazardous waste and IMMV increased durability through renter N/ lr 0/ai Mil, film build (,30 mil) rn�nirnizes exposure to chemicals M [dries to"no track"in 3 min,or less 8 "No track"in less than 10 minutes at All under standard conditions at 30 mils temperatures of 35 F and rising is , r�� 1 yt�" ■ Flexible paint film to withstand road N 12 month shelf life expansion/contraction �/ ■ Has ability to hold larger beads for r enhanced retroreflectivity From highway striping to parkinglast eli e ti n, choose from the very adle. ��° �,�vti ��,liullllllullllllllu �������� selectionof EF Traffi:c Paints r your net pavement �I „y marking project, i r SOLVENT BASED TRAFFIC PAINT Solvent based traffic paints are co-polymer based and formulated for use on streets ' and highways,rural roads,and parking lots. j Solvent based formulas are especially suitable for colder ambient applications where. I waterborne cannot be used, Suitable for application on bituminous and concrete e substrates, a 15 mil application can be applied at temperatures near freezing, for faster drying times,it can be heated(maximum of 1 5 T)and sprayed with airless or conventional spray equipment. Solvent based paints are classified as High VOC and Low VOC.. High VOC> 150 g/l typically 450 g/I •Chlorinated Rubber Regular Dry Alkyd w Acrylic Copolymer y Low VOC c 150 g/I Acrylic Copolymer(Low VOC) PRODUCT BENEFITS • Versatile quick dry times with excellent durability -, • Applies with ease at ambient temperatures as low as 40'F • Designed to be used with or without glass beads • Available in both Zone Markings and Low VOC formulations • Allows for traffic markings in the colder"shoulder"season ■ Dries to no pickup in 10 iminutes or less when applied at 15 mils it q ��i2 a '041"'Oe OVA r r 'AR ��, NY 9r M ✓ i ! U t Jl ;,wad40, I f �a B J " N al 0 nra 1ir o PIP a o It �x R� �y y dI l VI 1,� - �I ' /W/ „ f thl M i f M yr p�� Jo,fV o.r r 14 "x � 4, r� 1 e i t i' �+ r S i r11 p p lu r 4 F a n n 4 ➢ "�" ,a r, o Fib n u �?R' r �+ �` ,v ail d M�' t � " l �� "" N J 4 9 Pghl vytl 4m7 as ;V �r �d viva ,,v 1 J 9 P �� �!� rrrl 4 yi v w9 aVI A, '' b, °g1i qv' ,y%' iJ; ,;e: erol i� ��i d lC n 'w ��� r% J;1Y��1� " 1 L y a >w r 1 O r r a l°9� r � � "'JOY 9G �� v u' a We I w �`� J/ � r% fl r x 9/la t Ifs ' rP/ lw� elm a a ails l Y� yw %f90, Il ° w � '5 f orT1�Mahy I r fi a7 l] 1®rY � i �4a r' ( Tp`w�' ✓ ���Ikii i � � sC D a i�1 'r , v Wwiennis 1 r y n r v TX Corporate Office NC Corporate ice 5910 N.Central Expressway 115 Todd Court Suite 1050 Thomasville,NC 773,60 D,allas,'TX 75706 Phone: 336,475.6600 Phone: 800.3 1.8118 sales@flinttrading.com CO2012,Ennis-Flint MKT-00004 Page I of I State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902--5335 PO Box 44540, Olympia, WA 98504-4540 Payment Receipt Your payment has been processed and your for-ai has been subryfltt(-.5cl. Transaction 5/19/2017 Date Transaction Id 105758280 Project Name Service Club Ballfields Form Filed Intent Form Id 835186 Payment Type VISA 5623 Amount Billed $40.00 5/19/20 17 Page 1of1 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 5/11/2017 Countv Trade Job Classification Waeel Ho lidavlovertime Note King Traffic Control Stripers Journey Level $44.85 7A 1 1 K https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.a... 5/11/2017 STRIPE RITE: INC Page 1 of 1 srAfFOFwiwltMGF M Department of Labor& Industries Certificate of Workers' Compensation Coverage May 9, 2017 WA UBI No. 601 048 084 L&I Account ID 477,182-01 Legal Business Name STRIPE RITE INC Doing Business As STRIPE RITE INC Workers'Comp Premium Status. Account is current. Estimated Workers Reported Quarter 1 of Year 2017"51 to 75 (See Description Below) Workers" Account Representative Employer Services Help Line, (360) 902-4817 Licensed Contractor? Yes License No. STRIPR1121JM License Expiration 04/17/2019 What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW S 1.._12.050 and 51_.l 6.1 90). https:Hsecure.ini.wa.gov/verify/Details/liabilityCertifiicate.aspx?UBI=601048084&E.IC=Sl*... 5/9/2017 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. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. 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. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. Client#: 25674 STRIRITE YYYY) ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE(M2017 M1001 5111 MIDDI 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 NAME: T Shamel Di Vona Propel Insurance PHONE (F (A/C,No,Exq:253.310.4047 Alc 66 No: 8 577-1326 vona Tacoma Commercial Insurance E-MAIL Sharnel.Di ro elinsurance.com 1201 Pacific Ave,Suite 1000 ADDREss: @P P Tacoma,WA 98402 INSURE S AFFORDING COVERAGE NAIC p INSURER A:Continental Western Ins.Co. 10804 INSURED Stripe Rite Inc. INSURER8:Evanston Insurance Company 35378 ` 1813137th Ave E INSURER C INSURER D: Sumner,WA 98390 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 CONTRACTOR OTHER DOCUMENT NTH 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. LTR TYpE OF INSURANCE IINDDLSU 0 POLICY NUMBER POLICY OO EFF MMIDDIIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X X CPA6113651 1411112017 04/111201 EpACH OCCURRENCE $1,000,000_ NTED CLAIMS-MADE I X OCCUR PREMISES aEocccurrrence) __ $500,000 _ X PD Ded:$1,000 MED EXP(Any one person) S 1 O OOO PERSONAL 6 ADV INJURY S1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE S 2,000,000 POLICY i7 ECOT _ LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER $ A AUTOMOBILE LIABILITY X I'i X CPAS013651 4/11/2017 04111/2018(Ea Md DSINGLE LIMIT Ea acnaent $1,000,000 X ANY AUTO BODILY INJURY(Per person) S ALL OWNED I�SCHEDULED BODILY INJURY(Per accident) $ ^ _ AUTOS H AUTOS ___ X HIRED AUTOS X NON-0WNED PROPERTY DAMAGE 9 ` i AUTOS (Per accudeni) _ X A000110/13 — S - - A X UMBRELLA LIAB X I OCCUR X X CPA6013651 4111/2017'I0411 1/2 01 8 EACH OCCURRENCE $10 000 000 EXCES5LIA8 CLAIMS-MADE, AGGREGATE $10 OOO OOO DED X RETENTION$0 _ $ WORKERS COMPENSATION WA Stop Gap Only: PER AND EMPLOYERS'LIABILITY A ANY PROPRIETORJPARTNERJEXECUTIVE Y!N CPA6013651 4/1112017 04/11/2018 E L.EACH ACCIDENT__ $1,000,000 OFFICERIMEMBER EXCLUDED? N I A — (Myandatory In NH) E L DISEASE-EA EMPLOYEE $1 000,000 ESCRIPTION OF OPERATIONS below _ �— If as,describe under D j El.DISEASE-POLICY LIMIT $1,000,000 B Contractor's 17CPLOWE00525 /1112017',04111/2016 $2,000,000 CPL&TPL Pollution Liab $5,000 deductible DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) RE: Service Club Sealcoating&Restriping. The City of Kent is additional insured per the attached endorsement. CERTIFICATE HOLDER CANCELLATION CI of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Parks,Recreation&Community Services ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Ave South Kent,WA 98032 AUTHORIZED REPRESENTATIVE -.-._-V—..,.,,— 01988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) 1 of 1 The ACORD name and logo are registered marks of ACORD #S27027741M2662386 KTROO This page has keen left:blank intentionally. COMMERCIAL GENERAL LIABILITY CL CG 04 92 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGE EXTENSIONS Provision Name Of Coverage Extension Included or Limit of Insurance A. Miscellaneous Additional Insureds Included B. Expected Or Intended Injury Or Damage Included C. Knowledge Of Occurrence Included D. Legal Liability—Damage To Premises Rented To You (Fire, Lightning, $300,000 Explosion, Smoke, Or Leakage From Automatic Fire Protective Systems) E. Medical Payments $10,000 F. Mobile Equipment Redefined Included G. Newly Formed Or Acquired Organization, Partnership Or Limited Liability Included Company And Extended Period Of Coverage H. Who Is An Insured—Amendment Included I. Non-Owned Watercraft (Increased to maximum length of less than 51 Included feet J. Supplementary Payments—Increased Limits 1. Bail Bonds $ 3,000 2. Loss Of Earnings $ 1,000 K. Unintentional Omission Or Unintentional Error In Disclosure Included L. Waiver Of Transfer Of Rights Of Recovery Against Others Included M. Liberalization Clause Included N. Incidental Medical Malpractice Included The above is a summary only. Please consult the specific provisions that follow for complete information on the extensions provided. The provisions of the Commercial General Liability additional insured on your policy, provided Coverage Part apply except as otherwise provided in that: this endorsement. This endorsement applies only if a. The written contract or written agreement such Coverage Part is included in this policy. is: A. MISCELLANEOUS ADDITIONAL INSUREDS (1) Currently in effect or becoming 1. Section II —Who Is An Insured is amended effective during the term of this to include as an insured any person or policy; and organization (referred to as an additional (2) Fully executed by you and the insured below) described in Paragraphs additional insured prior to the "bodily A.1.c.(1) through A.1.c.(8) below when you injury", "property damage" or "per- and such person or organization have agreed sonal and advertising injury". in writing in a contract or agreement that such person or organization be added as an CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 7 with its permission b. The insurance afforded by this provision performed by or on behalf of does not apply to any person or such additional insured. organization included as an additional (4) Lessor Of Leased Equipment insured by a separate endorsement issued by us and made a part of this Any person(s) or organization(s) policy or coverage part. from whom you lease equipment but c. Only the following persons or organi- only with respect to liability for"bodily zations are additional insureds under this injury", "property damage" or "per- provision, with coverage for such sonal and advertising injury" caused, additional insureds limited as provided in whole or in part, by your herein: maintenance, operation or use of equipment leased to you by such (1) Managers Or Lessors Of Premises person(s) or organization(s). A manager or lessor of premises but A person's or organization's status only with respect to liability arising as an additional insured under this out of the ownership, maintenance or endorsement ends when their written use of that part of the premises contract or written agreement with leased to you and subject to the you for such leased equipment ends. following additional exclusions: This insurance does not apply to any This insurance does not apply to: "occurrence" which takes place after (a) Any "occurrence" which takes the equipment lease expires. place after you cease to be a (5) State, Municipality, Governmental tenant in that premises. Agency Or Subdivision Or Other (b) Structural alterations, new con- Political Subdivision — Permits Or struction or demolition operations Authorizations Relating To performed by or on behalf of Premises such additional insured. Any state, municipality, govern- (2) Mortgagee,Assignee Or Receiver mental agency or subdivision or other political subdivision subject to A mortgagee, assignee, or receiver the following additional provisions: but only with respect to their liability as mortgagee, assignee, or receiver (a) This insurance applies only with and arising out of the ownership, respect to: maintenance, or use of a covered (i) The following hazards for premises by you. which the state, municipality, This insurance does not apply to governmental agency or structural alterations, new con- subdivision or other political struction or demolition operations subdivision has issued a performed by or on behalf of such permit or authorization in additional insured. connection with premises you own, rent or control and (3) Owners Or Other Interests From to which this insurance Whom Land Has Been Leased applies: An owner or other interest from (1.1) The existence, whom land has been leased to you maintenance, repair, but only with respect to liability construction, erection arising out of the ownership, mainte- or removal of adver- nance or use of that part of the land tising signs, awnings, leased to you and subject to the canopies, cellar following additional exclusions: entrances, coal holes, This insurance does not apply to: driveways, manholes,marquees, hoist away (a) Any "occurrence" which takes openings, sidewalk place after you cease to lease vaults, street banners that land. or decorations and (b) Structural alterations, new con- similar exposures; or struction or demolition operations CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 7 with its permission (1.2) The construction, erec- The insurance afforded the tion or removal of vendor does not apply to: elevators; or (i) "Bodily injury" or "property (1.3) The ownership, main- damage" for which the tenance or use of any vendor is obligated to pay elevators covered by damages by reason of the this insurance. assumption of liability in a (ii) Operations performed by you written contract or written or on your behalf for which agreement. This exclusion does not apply to liability for the state, municipality, damages that the vendor governmental agency or would have in the absence of subdivision or other political subdivision has issued a the written contract or written permit or authorization. agreement; (b) This insurance does not apply to (ii) Any express warranty unau- "bodily injury", "property dam- thorized by you; age" or"personal and advertising (III) Any physical or chemical injury" arising out of operations change in the product made performed for the state, munici- intentionally by the pality, governmental agency or vendor; subdivision or other political subdivision. (iv) Repackaging, except when unpacked solely for the (6) Controlling Interest purpose of inspection, Any person(s) or organization(s) with demonstration, testing, or the a controlling interest in the Named substitution of parts under Insured but only with respect to their instructions from the manu- liability arising out of: facturer, and then repackaged in the original (a)Their financial control of you; or container; (b) Premises they own, maintain or (v) Any failure to make such control while you lease or occupy inspections, adjustments, these premises. tests or servicing as the This insurance does not apply to vendor has agreed to make or normally undertakes to structural alterations, new con- make in the usual course of struction or demolition operations business, in connection with performed by or for such person(s)or organization(s). the distribution or sale of the products; (7) Co-Owner Of Insured Premises (vi) Demonstration, installation, A co-owner of a premises co-owned servicing or repair opera- by you and covered under this tions, except such operations insurance but only with respect to the performed at the vendor's co-owner's liability as co-owner of premises in connection with such premises. the sale of the product; (8) Vendors (vii) Products which, after distri- (a) Any person(s) or organization(s) bution or sale by you, have (referred to as vendor), but only been labeled or relabeled or with respect to "bodily injury" or used as a container, part or "property damage" arising out of ingredient of any other thing "your products" which are or substance by or for the distributed or sold in the regular vendor; or course of the vendor's business. CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 7 with its permission (viii)"Bodily injury" or "property 3. With respect to the insurance afforded to the damage" arising out of the additional insureds within this Provision A. sole negligence of the Miscellaneous Additional Insureds, the vendor for its own acts or following is added to Section III — Limits Of omissions or those of its Insurance: employees or anyone else The most we will pay on behalf of the acting on its behalf. How- additional insured is the amount of insurance: ever, this exclusion does not apply to: a. Required by the written contract or (1.1) The exceptions written agreement; or contained in Sub- b. Available under the applicable Limits Of paragraphs (iv) or (vi); Insurance shown in the Declarations; or whichever is less. (1.2) Such inspections, ad- tests or This endorsement shall not increase the justments, the applicable Limits Of Insurance shown in the servicing tests vendor has agreed to Declarations. make or normally B. EXPECTED OR INTENDED INJURY OR undertakes to make in DAMAGE the usual course of business, Exclusion 2.a. Expected Or Intended Injury of business, in con-n with the Section I — Coverage A — Bodily Injury And nectiodistribution it sale a Property Damage Liability is deleted and the products. replaced by the following: (b) This insurance does not apply to a. Expected Or Intended Injury Or Damage any insured person or organi- 'Bodily injury"or"property damage"expected zation, from whom you have or intended from the standpoint of the acquired products, or any insured. This exclusion does not apply to ingredient, part or container, "bodily injury" or "property damage" resulting entering into, accompanying or from the use of reasonable force to protect containing such products. persons or property. 2. With respect to coverage provided by this C. KNOWLEDGE OF OCCURRENCE Provision A. Miscellaneous Additional Insureds, the following additional provisions Paragraph 2.a. Duties In The Event Of apply: Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions a. Any insurance provided to an additional is deleted and replaced by the following: insured designated under Paragraphs A.1.c.{1} through A.1.c.(8) above does a. You must see to it that we are notified as not apply: soon as practicable of an 'occurrence" or an offense which may result in a claim only (1) To "bodily injury" or "property when the 'occurrence" or offense is known damage" included within the to: products-completed operations hazard"; or (1) You, if you are an individual; (2) To "bodily injury", "property damage" (2) A partner, if you are a partnership; or "personal and advertising injury" (3) A manager, if you are a limited liability arising out of the sole negligence of company; or such additional insured. (4) An "executive officer' or the "employee" b. The insurance afforded to such additional designated by you to give such notice, if insured only applies to the extent you are an organization other than a permitted by law. partnership or a limited liability company. c. The insurance afforded to such additional To the extent possible, notice should include: insured will not be broader than that which you are required to provide by the (i) How, when and where the 'occurrence" written contract or written agreement. or offense took place; CL CG 04 92 0916 Includes copyrighted material of Insurance Services Office, Inc., Page 4 of 7 with its permission (ii) The names and addresses of any injured you, or in the case of damage by fire, persons and witnesses; and lightning, explosion, "smoke", or leakage (iii) The nature and location of any injury or from automatic fire protective systems, damage arising out of the "occurrence" while rented to you or temporarily or offense. occupied by you with permission of the owner. D. LEGAL LIABILITY — DAMAGE TO PREMISES This limit will apply to all damage RENTED TO YOU (Fire, Lightning, Explosion, proximately caused by the same event, Smoke, Or Leakage From Automatic Fire whether such damage results from fire, Protective Systems) lightning, explosion, "smoke", leakage If damage to premises rented to you is not from automatic fire protective systems, or otherwise excluded from this policy or coverage other covered causes of loss or any part, then the following provisions apply: combination thereof. 1. Under Section I — Coverage A — Bodily 4. Subparagraph b.(1)(a)(ii) of Paragraph 4. Injury And Property Damage Liability, the Other Insurance of Section IV — last paragraph (after the exclusions) is Commercial General Liability Conditions deleted and replaced by the following: is deleted and replaced by the following: Exclusions c. through n. do not apply to dam- (ii) That is fire, lightning, explosion, "smoke" age by fire, lightning, explosion, "smoke", or or leakage from automatic fire protective leakage from automatic fire protective systems insurance for premises rented to systems to premises while rented to you or you or temporarily occupied by you with temporarily occupied by you with the permission of the owner; permission of the owner. A separate limit of 5. Subparagraph a. of Definition 9. "Insured insurance applies to this coverage as contract" of Section V — Definitions is described in Section III — Limits Of deleted and replaced by the following: Insurance. 2. The paragraph immediately after Sub- a. A contract for a lease of premises, paragraph j.(6) of Paragraph 2. Exclusions However, that portion of the contract for of Section I — Coverage A — Bodily Injury a lease of premises that indemnifies any And Property Damage Liability is deleted person or organization for damage by and replaced by the following: fire, lightning, explosion, "smoke" or leakage from automatic fire protective Paragraphs (1), (3) and (4) of this exclusion systems to premises while rented to you do not apply to "property damage" (other or temporarily occupied by you with than damage by fire, lightning, explosion, permission of the owner is not an "smoke", or leakage from automatic fire "insured contract". protective systems) to premises, including 6. As used in this Provision D. Legal Liability — the contents of such premises, rented to you Damage To Premises Rented To You: for a period of seven or fewer consecutive days. A separate limit of insurance applies to "Smoke" does not include smoke from Damage To Premises Rented To You as agricultural smudging, industrial operations described in Section III — Limits Of or"hostile fire". Insurance. E. MEDICAL PAYMENTS 3. Paragraph 6. of Section III — Limits Of If Coverage C — Medical Payments is not Insurance is deleted and replaced by the otherwise excluded from this policy or coverage following: part, the Medical Expense Limit is changed, 6. Subject to Paragraph 5. above, the subject to the terms of Section III — Limits Of greater of: Insurance, to the greater of: a. $300,000; or a. $10,000; or b. The Damage To Premises Rented b. The Medical Expense Limit shown in the To You Limit shown in the Declarations. Declarations, F. MOBILE EQUIPMENT REDEFINED is the most we will pay under Coverage Subparagraph f.(1) of Definition 12. "Mobile A for damages because of "property equipment" of Section V—Definitions is deleted damage to premises while rented to and replaced by the following: CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 7 with its permission (1) Equipment with a gross vehicle weight of partnership or limited liability company 1,000 pounds or more and designed primarily are the same or similar to the operations for: of insureds already covered under this (a) Snow removal; insurance; (b) Road maintenance, but not construction (v) Coverage only applies for those limited or resurfacing; or liability companies who have established a date of formation as recorded within (c) Street cleaning; the filed state articles of organization, G. NEWLY FORMED OR ACQUIRED ORGANIZA- certificates of formation or certificates of TION, PARTNERSHIP OR LIMITED LIABILITY organization; and COMPANY AND EXTENDED PERIOD OF (vi) Coverage only applies for those part- COVERAGE nerships who have established a date of Paragraph 3. of Section II —Who Is An Insured formation as recorded within a written is deleted and replaced by the following: partnership agreement or partnership certificate. 3. Any organization you newly acquire or form, H. WHO IS AN INSURED—AMENDMENT other than a joint venture, and over which you maintain ownership or: The last paragraph of Section 11 — Who Is An a. Majority interest of more than 50% if you Insured is deleted and replaced by the following: are a corporation; No person or organization is an insured with b. Majority interest of more than 50% as a respect to the conduct of any: general partner of a newly acquired or a. Current partnership or limited liability formed partnership; and/or company, unless otherwise provided for c. Majority interest of more than 50% as an under Paragraph 3. of Section II — Who Is owner of a newly acquired or formed An Insured; limited liability company; b. Current joint venture; or will qualify as a Named Insured if there is no c. Past partnership, joint venture or limited other similar insurance available to that liability company; organization. However, for these organiza- that is not shown as a Named Insured in the tions: Declarations. (i) Coverage under this provision is afforded I. NON-OWNED WATERCRAFT only until the next anniversary date of this policy's effective date after you Subparagraph (2) of Exclusion 2.g. Aircraft, acquire or form the organization, Auto Or Watercraft of Section I — Coverage A partnership or limited liability company, — Bodily Injury And Property Damage Liability or the end of the policy period, whichever is deleted and replaced by the following: is earlier; (2) A watercraft you do not own that is: (ii) Section I — Coverage A — Bodily Injury And Property Damage Liability does (a) Less than 51 feet long; and not apply to "bodily injury" or "property (b) Not being used to carry persons or damage" that occurred before you property for a charge. acquired or formed the organization, J. SUPPLEMENTARY PAYMENTS —INCREASED partnership or limited liability company; LIMITS (iii) Section I — Coverage B — Personal And Advertising Injury Liability does Section I — Supplementary Payments — not apply to "personal and advertising Coverages A And B is changed as follows: injury" arising out of an offense 1. The limit shown in Paragraph 1.b. for the committed before you acquired or formed cost of bail bonds is changed from $250 to the organization, partnership or limited $3,000; and liability company; 2. The limit shown in Paragraph 1.d. for loss of (iv)Coverage applies only when operations earnings because of time off from work is of the newly acquired organization, changed from $250 a day to$1,000 a day. CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 6 of 7 with its permission K. UNINTENTIONAL OMISSION OR UNINTEN- M. LIBERALIZATION CLAUSE TIONAL ERROR IN DISCLOSURE The following is added to Section IV — The following provision is added to Paragraph 6. Commercial General Liability Conditions: Representations of Section IV — Commercial If we adopt a mandatory attachment form change General Liability Conditions: which broadens coverage under this edition of However, the unintentional omission of, or the Commercial General Liability CG0001 for no unintentional error in, any information given or additional charge, and those changes are provided by you shall not prejudice your rights intended to apply to all insureds under this edition under this insurance. of CG0001, that change will automatically apply This provision does not affect our right to collect to your insurance as of the date we implement additional premium or to exercise our right of the change in your state. This liberalization clause does not apply to changes implemented cancellation or non-renewal. through introduction of a subsequent edition of L. WAIVER OF TRANSFER OF RIGHTS OF the Commercial General Liability form CG0001. RECOVERY AGAINST OTHERS N. INCIDENTAL MEDICAL MALPRACTICE The following is added to Paragraph 8. Transfer 1. Paragraph 2.a.(1)(d) of Section II — Who Is Of Rights Of Recovery Against Others To Us An Insured does not apply to a physician, of Section IV — Commercial General Liability nurse practitioner, physician assistant, nurse, Conditions: emergency medical technician or paramedic We waive any right of recovery we may have employed by you if you are not in the against any person or organization because of business or occupation of providing medical, payments we make for injury or damage arising paramedical, surgical, dental, x-ray or out of your ongoing operations or"your work"and nursing services. included in the "products-completed operations 2. This provision is excess over any other valid hazard" when you have agreed in a written and collectible insurance whether such contract or written agreement that any right of recovery is waived for such person or insurance is primary, excess, contingent or organization. This waiver applies only to the on any other basis. Any payments by us will follow Paragraph 4.b. of Section IV — person(s) or organization(s) agreed to in the written contract or written agreement and is Commercial General Liability Conditions. subject to those provisions. This waiver does not apply unless the written contract or written agreement has been executed prior to the"bodily injury" or"property damage". However, if any person or organization is separately scheduled on a separate waiver of transfer of rights of recovery which is attached to this policy, then this waiver does not apply. CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 7 with its permission This page has been left'blank`intentionally: f COMMERCIAL GENERAL LIABILITY CL CG 05 29 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLATINUM ENHANCEMENT COVERAGES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. The following coverage is added: paragraph 2.a.above, the words caused in ADDITIONAL INSURED - OWNERS, LESSEES whole or in part by are replaced by the OR CONTRACTORS - AUTOMATIC STATUS words arising out of. INCLUDING PRIMARY NON-CONTRIBUTORY c. The insurance afforded to such additional 1. Section II -Who is An Insured is amended to insured only applies to the extent include as an additional insured any person(s) permitted by law; and or organization(s) for whom you are required d. If coverage provided to the additional by virtue of a written contract or agreement insured is required by a contract or that such person(s) or organization(s) be agreement, the insurance afforded to such added as an additional insured on your policy. additional insured will not be broader than 2. The insurance provided to the additional that which you are required by the contract insured is limited as follows: or agreement to provide for such additional insured. a. Such person or organization is an additional insured only with respect to e. This insurance ends at the earliest of the liability for "bodily injury", "property following times: damage" or "personal and advertising (1) When any Named Insured(s) work injury"caused in whole or in part by: called for in the written contract has (1) Acts or omissions of the Named been completed Insured; or (2) When all of any Named Insured(s) (2) The acts or omissions of those acting work done at a job site has been on behalf of the Named Insured; completed if the written contract calls for work at more than one job site in the performance of the Named Insureds (3) When that part of any Named work for the additional insured(s) specified Insured(s) work done at a job site has in the written contract provided the been put to its intended use by any contract or agreement requires you to person or organization other than the provide the additional insured such Named Insured or those acting on the coverage and is: Named Insured(s)behalf. i. Currently in effect or becomes Work that may need service, maintenance, effective during the term of this correction, repair or replacement, but is policy; and otherwise complete, will be treated as ii. Was executed prior to the "bodily completed injury", "property damage" or f. This insurance does not apply to any "personal and advertising injury". additional insured scheduled on your b. If the written contract specifically requires policy by separate endorsement. you to provide additional insured coverage g. For purposes of paragraph A. of this via the 10/01 edition of CG2010 (aka CG endorsement, the terms "you" and "your" 20 10 10 01) or via the 11/85 edition of refer to the Named Insured shown in the CG2010 (aka CG 20 10 11 85), then in Declarations. CL CG 05 29 09 16 Includes copyrighted material of Insurance Services Page 1 of 3 Office, Inc., with its permission 3. Exclusions b. Available under the applicable Limits of With respect to the insurance afforded to these Insurance shown in the Declarations; additional insureds, the following additional whichever is less. exclusions apply to "bodily injury", "property This endorsement shall not increase the damage" or "personal and advertising injury" applicable Limits of Insurance shown in the arising out of: Declarations. a. The rendering of or failure to render any 5. Other Insurance professional services by you or on your behalf, but only with respect to either or For purposes of this endorsement, the both of the following operations: following is added to the Section IV - (1) Providing engineering, architectural or Commercial General Liability Conditions, 4. surveying services to others in your Other capacity as an engineer, architect or Insurance condition and supersedes any surveyor; and provision to the contrary: (2) Providing, or hiring independent This insurance is excess of all other professionals to provide, engineering, insurance available to an additional architectural or surveying services in insured whether on a primary, excess, connection with construction work you contingent or any other basis. But, if perform required by a written contract or written agreement to be primary and b. Subject to Paragraph c. below, noncontributory, this insurance will be professional services include: primary to and will not seek contribution (1) Preparing, approving, or failing to from any insurance on which the additional prepare or approve, maps, shop insured is a Named Insured. drawings, opinions, reports, surveys, No other coverage or limit in the policy field orders, change orders, or applies to loss or damage insured by this drawings and specifications; and coverage. (2) Supervisory or inspection activities B. The following coverage is added: performed as part of any related CONTRACTUAL LIABILITY -RAILROADS architectural or engineering activities. c. Professional services do not include 1. With respect to operations performed for a Railroad within 50 feet of railroad property, the services within construction means, definition of "insured contract" in Section V - methods, techniques, sequences and procedures employed by you or performed Definitions is replaced by the following: by or for the construction manager, its 9. "Insured Contract"means: employees or its subcontractors in connection with your ongoing operations. a. A contract for a lease of premises. However, that portion of the contract This exclusion applies even if the claims for a lease of premises that against any insured allege negligence or other indemnifies any person or wrongdoing in the supervision, hiring, organization for damage by fire to employment, training or monitoring of others premises while rented to you or by that insured, if the "occurrence" which temporarily occupied by you with caused the "bodily injury" or "property permission of the owner is not an damage", or the offense which caused the "insured contract"; "personal and advertising injury", involved the rendering of, or the failure to render, any b. A sidetrack agreement; professional architectural, engineering or c. Any easement or license agreement; surveying services. d. An obligation, as required by 4. Limits of Insurance ordinance, to indemnify a municipality, With respect to the insurance afforded to these except in connection with work for a additional insureds, the following is added to municipality; Section III - Limits Of Insurance: e. An elevator maintenance agreement; If coverage provided to the additional insured f. That part of any other contract or is required by a contract or agreement, the agreement pertaining to your business most we will pay on behalf of the additional (including an indemnification of a insured is the amount of insurance: municipality in connection with work a. Required by the contract or agreement; or performed for a municipality) under Page 2 of 3 Includes copyrighted material of Insurance Services CL CG 05 29 0916 Office, Inc., with its permission which you assume the tort liability of pay settlements or judgments will be reduced, and another party to pay for "bodily injury" may be exhausted, by defense expenses. or property damage" to a third person The following is added to paragraph 14. "Personal or organization. Tort liability means a and advertising injury"SECTION V- liability that would be imposed by law DEFINITIONS OF COMMERCIAL GENERAL in the absence of any contract or LIABILITY COVERAGE FORM: agreement. Paragraph f. does not include that part h. "Non-employment discrimination" means of any contract or agreement: violation of a person's civil rights with (1) That indemnifies an architect, respect to such person's race, color, engineer or surveyor for injury or national origin, religion, gender, marital damage arising out of: status, age, sexual orientation or preference, physical or mental condition, (a) Preparing, approving or failing or any other protected class or to prepare or approve maps, characteristic established by any federal, shop drawings, opinions, state or local statutes, rules or regulations. reports, surveys, field orders, "Non-employment discrimination"does not change orders or drawings include violation of civil rights arising out of and specifications; or past, present or prospective employment. (b) Giving directions or Any obligation to the insured to pay "non- instructions, or failing to give employment discrimination" liability damages them, if that is the primary on your behalf applies only to the amount of cause of the injury or damage; damages in excess of $5,000 deductible as (2) Under which the insured, if an the result of any one offense regardless of the architect, engineer or surveyor, number of persons or organizations who assumes liability for an injury or sustain damages because of the offense. damage arising out of the The most we will pay for all damages for"non- insured's rendering or failure to employment discrimination" is $15,000 annual render professional services, aggregate. No other liability to pay sums or including those listed in Paragraph perform acts or services is covered. (1) above and supervisory, Supplementary Payments -Coverage A and inspection, architectural or engineering activities. B do not apply to non-employment discrimination. 2. Other Insurance D. AGGREGATE LIMITS OF INSURANCE For purposes of this endorsement, the The General Aggregate Limit under SECTION III - following is added to the Section IV- LIMITS OF INSURANCE applies separately to Commercial General Liability Conditions, 4. Other Insurance condition each of your: and supersedes any provision to the 1. Projects away from premises owned by or contrary: rented to you. This insurance is excess of all other 2. "Locations"owned by or rented to you, insurance that is Railroad Protective Liability or similar coverage for"your work" "Location" means premises involving the same performed for a Railroad. But, if required or connecting lots, or premises whose by a written contract or written agreement connection is interrupted only by a street, to be primary and noncontributory, this roadway, waterway or right-of-way of a insurance will be primary to and will not railroad. seek contribution from any insurance on When paragraph B. Construction Project which the Railroad is a Named Insured. General Aggregate Limit on form CL CG 00 20 is No other coverage or limit in the policy a part of this policy, then this endorsement applies to loss or damage insured by this CL CG 05 29 paragraph D. Aggregate Limits Of coverage. Insurance does not apply. C. The following coverage is added: NON-EMPLOYMENT DISCRIMINATION LIABILITY This coverage contains a DEFENSE WITHIN LIMIT provision: The limit of liability for "Non- employment discrimination" coverage available to CL CG 05 29 09 16 Includes copyrighted material of Insurance Services Page 3 of 3 Office, Inc., with its permission This page has>tieen left blank-Intenttorially. l` s' COMMERCIAL GENERAL LIABILITY CL CG 20 71 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - COMPLETED OPERATIONS - AUTOMATIC STATUS, INCLUDING PRIMARY NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II -WHO IS AN INSURED is amended For purposes of this endorsement, throughout to include as an additional insured any person(s) the policy, the terms "you" and "your" refer to or organization(s) when you are obligated by the Named Insured shown in the Declarations. virtue of a written contract or agreement that such person or organization(s) be added as an B. Exclusions additional insured to your policy. With respect to the insurance afforded to these Such person(s) or organization(s) is an additional additional insureds, the following additional insured only with respect to liability for "bodily exclusions apply to "bodily injury" and "property injury" or "property damage" or "personal and damage"arising out of: advertising injury"caused, in whole or in part by: 1. The rendering of or failure to render any (1) Acts or omissions of the Named Insured; professional services by you or on your behalf, or but only with respect to either or both of the following operations: (2) The acts or omissions of those acting on behalf of the Named Insured; a. Providing engineering, architectural or surveying services to others in your and included in the "products-completed capacity as an engineer, architect or operations hazard" surveyor; and This insurance applies only when you are required b. Providing, or hiring independent to add the additional insured by virtue of a written professionals to provide, engineering, contract or agreement, provided the contract or architectural or surveying services in agreement is: connection with construction work you 1. Currently in effect or becomes effective during perform. the term of this policy; and This exclusion applies even if the claims against 2. Was executed prior to the "bodily injury" or any insured allege negligence or other wrongdoing in the supervision, hiring, property damage" or "personal and employment, training or monitoring of others by advertising injury". that insured, if the"occurrence"which caused the However: "bodily injury"or"property damage",or the offense a. The insurance afforded to such additional which caused the "personal and advertising insured only applies to the extent permitted by injury", involved the rendering of, or the failure to law; and render,any professional architectural,engineering or surveying services. b. If coverage provided to the additional insured 2. Subject to Paragraph 3. below, professional is required by a contract or agreement, the services include: insurance afforded to such additional insured will not be broader than that which you are a. Preparing, approving, or failing to prepare required by the contract or agreement to or approve, maps, shop drawings, provide for such additional insured. opinions, reports, surveys, field orders, change orders, or drawings and specifications; and CL CG 20 71 09 16 Includes copyrighted material of Insurance Services Page 1 of 2 Office, Inc., with its permission b. Supervisory or inspection activities D. Other Insurance performed as part of any related For purposes of this endorsement, the following is architectural or engineering activities. added to the Section IV - Commercial General 3. Professional services do not include services Liability Conditions, 4. Other Insurance within construction means, methods, condition and supersedes any provision to the techniques, sequences and procedures contrary: employed by you or performed by or for the This insurance is excess of all other insurance construction manager, its employees or its available to an additional insured whether on a subcontractors in connection with your primary, excess, contingent or any other basis. ongoing operations. But, if required by a written contract or written C. Limits of Insurance agreement to be primary and noncontributory, this With respect to the insurance afforded to these insurance will be primary to and will not seek additional insureds, the following is added to contribution from any insurance on which the Section III -Limits Of Insurance: additional insured is a Named Insured. If coverage provided to the additional insured is No other coverage or limit in the policy applies to required by a contract or agreement, the most we loss or damage insured by this coverage. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 Includes copyrighted material of Insurance Services CL CG 20 7109 16 Office, Inc., with its permission COMMERCIAL AUTO CL CA 01 49 02 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE EXPANSION ENDORSEMENT - PLATINUM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. A. NEWLY ACQUIRED OR FORMED ORGANIZA- ganization is liable for"bodily injury" or"prop- TIONS erty damage": because of the conduct of an The following is added to Paragraph A.1. Who Is "insured" under Paragraphs a. or b. under An Insured of Section II - Covered Autos Liability Paragraph A.1. Who Is An Insured of Section Coverage: II - Covered Autos Liability Coverage, caused by an"accident"and resulting from the owner- Any organization you newly acquire or form,other ship, maintenance or use of a covered "auto"; than a partnership,joint venture or limited liability company or any organization excluded either by 2. The written contract or agreement described this Coverage Part or by endorsement, and over above must have been executed prior to the which you maintain ownership or majority interest accident' that caused the bodily injury" or property damage"and be in effect at the time of more than 50 percent will qualify as a Named of such"accident"; Insured. However: 1. This insurance does not apply to any newly ac- 3. The insurance afforded to any such additional quired or formed organization that is an "in- "insured"does not apply to any"accident"be- sured" under any other automobile policy or yond the period of time required by the written would be an "insured" under such policy but contract or agreement described above; for its termination or the exhaustion of its Limit 4. The most we will pay on behalf of such addi- of Insurance. tional "insured(s)" is the lesser of: 2. Coverage does not apply to "bodily injury" or a. The Limits of Insurance specified in the "property damage" that occurred before you written contract or agreement described acquired or formed the organization. above;or 3. Coverage under this provision is afforded only b. The Limits of Insurance shown in the Dec- until the 180th day after you acquire or form larations. the organization or the end of the policy pe- This provision shall not increase the Limit of riod, whichever is earlier. Insurance shown in the Declarations in this B. ADDITIONAL INSURED BY CONTRACT OR policy or coverage part;and AGREEMENT 5. The following changes are made to Paragraph The following is added to Paragraph A.1., Who Is S. Other Insurance of B. General Conditions An Insured of Section 11 - Covered Autos Liability under Section IV- Business Auto Conditions: Coverage: a. The following is added to Paragraph 5.a.: When you have agreed in a written contract or If required by the written contract or agreement to include a person or organization as an additional "insured", such person or organiza- agreement described above, the insur- tion is included as an "insured" subject to the fol- ance afforded to the additional insured un- Iowing: der this provision will be primary to, and will not seek contribution from, the addi- 1. Such person or organization is an additional tional insured's own insurance. "insured"only to the extent such person or or- b. Paragraph 5.c. is deleted in its entirety. CL CA 01 49 02 15 Includes copyrighted material of Insurance Services Page 1 of 5 Office, Inc., with its permission 6. Paragraph A.1.c. under Section II - Covered 2. We will also pay reasonable and necessary Autos Liability Coverage is deleted in its en- expenses to facilitate the return of the stolen tirety. "auto" to you. 7. The definition of"insured contract"under Sec- 3. It is agreed and understood and it is our stated tion V- Definitions is amended to add the fol- intent that expenses incurred by you under the lowing: Transportation Expenses Coverage Exten- An "insured contract" does not include that sion will not also be covered or paid under the part of any contract or agreement: Rental Reimbursement Coverage provided by this endorsement or any rental reimbursement That pertains to the ownership, maintenance coverage added by separate endorsement to or use of an "auto" and which indemnifies a this policy. person or organization for other than the vicar- H. EXTENDED COVERAGE- AIRBAGS ious liability of such person or organization for "bodily injury"or"property damage"caused by The following is added to Exclusion B.3.a.of Sec- your operation or use of a covered"auto". tion III - Physical Damage Coverage: However, a person or organization is an addi- However, this exclusion does not apply to the un- tional "insured"under this provision only to the intended discharge of an airbag. extent such person or organization is not This coverage is excess over any other collectible named as an "insured" by separate endorse- insurance or warranty providing such airbag cov- ment to this policy. erage. C. EMPLOYEES AS INSUREDS I. AUTO LOAN/LEASE GAP COVERAGE The following is added to Paragraph A.1. Who Is The following is added to Section III - Physical An Insured Section II - Covered Autos Liability Damage Coverage, Paragraph C. Limits of Insur- Coverage: ance. Any "employee" of yours is an "insured" while us- 4. In the event of a total "loss" to a covered ing a covered "auto" you don't own, hire or borrow "auto", we will pay any unpaid amount due on in your business or your personal affairs. the lease or loan for a covered "auto", less: D. INCREASED COVERAGE - BAIL BONDS a. The amount under the Physical Damage The Supplementary Payments Coverage Exten- Coverage section of the policy; and sion of Section II - Covered Autos Liability Cover- b. Any: age is amended as follows: The Limit of Insurance in paragraph A.2.a.(2) is (1) Overdue lease/loan payments at the increased to$5,000. time of the "loss"; E. INCREASED COVERAGE - LOSS OF EARN- (2) Financial penalties imposed under a INGS lease for excessive use, abnormal wear and tear or high mileage; The Supplementary Payments Coverage Exten- (3) Security deposits not returned by the sion of Section II - Covered Autos Liability Cover- lessor; age is amended as follows: The Limit of Insurance in paragraph A.2.a.(4) is (4) Costs for extended warranties, Credit increased to$1,000. Life Insurance, Health, Accident or Disability Insurance purchased with F. FELLOW EMPLOYEE COVERAGE the loan or lease; and The Fellow Employee Exclusion contained in Sec- (5) Carry-over balances from previous tion 11-Covered Autos Liability Coverage does not loans or leases, apply. This coverage is excess over any other col- lectable insurance. J. GLASS REPAIR - NO DEDUCTIBLE G. COVERAGE EXTENSION-TRANSPORTATION The following is added to Paragraph D. Deductible EXPENSES of Section III - Physical Damage Coverage: Paragraph A.4.a. Transportation Expenses of Any Comprehensive Coverage deductible shown Section III - Physical Damage Coverage is in the Declarations does not apply to "loss" to amended as follows: glass when you elect to patch or repair rather than replace the glass. 1. The Limits of Insurance are increased to $75 K. INCREASED COVERAGE - ELECTRONIC per day to a maximum of$2,500. EQUIPMENT Page 2 of 5 Includes copyrighted material of Insurance Services CL CA 01 49 02 15 Office, Inc., with its permission The$1,000 limit indicated in Paragraph C.1.b.un- The following is added to Paragraph A.4. Cover- der Section III - Physical Damage Coverage is in- age Extensions of Section III - Physical Damage creased to$2,500. Coverage: L. EXTENDED COVERAGE - PERSONAL PROP- If hired "autos" are covered "autos" for Covered ERTY Autos Liability Coverage and if Physical Damage The following is added to Paragraph A.4. Cover- Coverage is provided for any"auto"you own,then age Extensions of Section III - Physical Damage the Physical Damage coverages provided are ex- Coverage: tended to "autos" you lease, rent, hire or borrow from someone other than your"employees", part- Physical Damage Coverage on a covered "auto" ners or members of their households subject to the may be extended to "loss" to your personal prop- following: erty or, if you are an individual, the personal prop- 1. The most we will pay in any one "loss" is the erty of a family member, that is in the covered lesser of: "auto" at the time of"loss" and caused by an "ac- cident" and resulting from the ownership, mainte- a. The actual cash value of the"auto"; nance or use of a covered "auto". b. The cost to repair or replace the"auto";or The insurance provided by this coverage exten- c. $100,000, sion is excess over any other collectible insur- ance. The most we will pay for any one"loss"un- 2. Paragraph 1.above is subject to a deductible. der this coverage extension is$500. However,our The deductible shall be equal to the amount of payment for"loss"to personal property will only be the highest deductible shown for any owned for the account of the owner of the property. "auto" of the same classification for that cov- Under this provision, personal property does not erage. In the event there is no owned "auto" include and we will not pay for"loss" of currency, of the same classification, the highest deduct- coins, securities or contraband. ible for any owned "auto" will apply for that coverage. No deductible applies to this coverage extension. No deductible will apply to "loss" caused by M. TOWING fire or lightning. Paragraph A.2. Towing of Section III - Physical 3. Hired Auto Physical Damage Coverage is Damage Coverage, is replaced by the following: subject to the following: If a private passenger type "auto" or light truck a. If symbol 8 is shown in the Covered Auto "auto"(0-10,000 Lbs.GVW)is provided both Com- section of the Declarations page for any of prehensive and Collision Coverage,we will pay up the Physical Damage coverages,then the to $150 for towing and labor costs incurred each Hired Auto Physical Damage coverage time such "auto" is disabled. If a medium, heavy described in this endorsement does not or extra-heavy truck or extra-heavy Truck-tractor apply. "auto"(greater than 10,000 Lbs. GVW)is provided b. Other than indicated in Paragraphs a. di- both Comprehensive and Collision Coverage, we rectly above, coverage provided under will pay up to $250 for towing and labor costs in- curred each time such "auto" is disabled. How- this provision will excess over any ever, the labor must be performed at the place of other collectible insurance or coverage. disablement. 4. In addition to the limit set forth in Paragraph 1. N. FIRE EXTINGUISHER RECHARGE above we will pay up to $500 per day, to a maximum of$3,500 per"loss"for: The following is added to Paragraph A.4. Cover- age Extensions of Section IV - Physical Damage a. Any costs or fees associated with the "loss"to a hired "auto";and Coverage: When fire extinguishers are kept in your covered b. Loss of use of the hired"auto", provided it "auto"and any are discharged in an attempt to ex- is the consequence of an "accident" for tinguish a fire, we will pay the lesser of the actual which you are legally liable, and as a re- cost of recharging or replacing such fire extin- sult of which a monetary loss is sustained guisher(s). by the leasing or rental concern. No deductible applies to this coverage However, Paragraph AA.b. Loss of Use Ex- penses under Section III- Physical Damage Cov- O. HIRED AUTO PHYSICAL DAMAGE COVER- erage of the Business Auto Coverage Form does AGE not apply. P. RENTAL REIMBURSEMENT COVERAGE CL CA 01 49 02 15 Includes copyrighted material of Insurance Services Page 3 of 5 Office, Inc.,with its permission We will pay for rental reimbursement expenses in- (3) Your members or managers, if you curred by you for the rental of an "auto" because are designated in the Declarations as of"loss"to a covered "auto". a limited liability company; 1. Payment applies in addition to the otherwise (4) Your executive officers if you are des- applicable amount of each coverage you have ignated in the Declarations as an or- on the covered "auto". ganization other than an individual, 2. No deductible applies to this coverage. partnership, joint venture or limited li- ability company; and 3. We will pay only for those expenses incurred during the policy period beginning 24 hours af- (5) The spouse of any person named in ter the"loss"and ending, regardless of the ex- Paragraphs 1.a.(1). through i.a piration date of the policy, with the lesser of while a resident of the same housse- e- the following number of days: hold; a. The number of days when the covered Except: "auto" has been repaired or replaced, or (a) Any "auto" owned by that individ- b. 45 days. ual or by any member of his or her household. 4. Our payment is limited to the lesser of the fol- (b) Any"auto" used by that individual lowing amounts: or his or her spouse while working a. Necessary and actual expenses incurred; in a business of selling, servicing, or repairing or parking "autos". b. Not more than$75 for any one day; 2. Changes In Auto Medical Payments And 5. We will pay up to an additional $300 for the Uninsured And Underinsured Motorists reasonable and necessary expenses you in- Coverages cur to remove your materials and equipment The following is added to Who Is An Insured: from the covered"auto"and replace such ma- Any individual named in 1.a above and his or terials and equipment on the rental "auto". her"family members" are "insured"while "oc- 6. This coverage does not apply while there are cupying" or while a pedestrian when being spare or reserve "autos" available to you for struck by any"auto" you don't own except: your operations. Any "auto" owned by that individual or by any 7. If"loss"results from the total theft of a covered "family member". "auto" of the"private passenger type", we will 3. Changes In Physical Damage Coverage pay under this coverage only that amount of your rental reimbursement expenses which is Any private passenger type "auto" you don't not already provided for under the Physical own, hire or borrow is a covered "auto" while Damage Coverage Extension of the Business in the care,custody or control of any individual Auto Coverage Form or any endorsements named in Q.1.a. above or his or her spouse thereto while a resident of the same house-hold ex- However, this provision does not apply to the cept: extent that rental reimbursement is provided a. Any"auto" owned by that individual or by by separate endorsement to this policy. any member of his or her household; or Q. DRIVE OTHER CAR COVERAGE b. Any"auto"used by that individual or his or 1. The following is added to Section 11 - Covered her spouse while working in a business of Autos Liability Coverage: selling, servicing,repairing or parking"au- tos". a. Any "auto" you don't own, hire or borrow 4. The most we will pay for the total of all dam- is a covered "auto" for Liability Coverage ages under Covered Autos Liability Uninsured while being used by: Motorists Coverage and Underinsured Motor- (1) You, if you are designated in the Dec- ists Coverage is the Limit Of Insurance shown larations as an individual; in the Declarations as applicable to owned (2) Your partners or members, if you are "autos". designated in the Declarations as a 5. Our obligation to pay for, repair, return or re- partnership or joint venture; place damaged or stolen property under Phys- ical Damage Coverage, will be reduced by a deductible equal to the amount of the highest Page 4 of 5 Includes copyrighted material of Insurance Services CL CA 01 49 02 15 Office, Inc., with its permission deductible shown for any owned private pas- prejudice the coverage provided to you. However, senger type "auto" applicable to that cover- this provision does not affect our right to collect age. If there are no owned private passenger additional premium or exercise our right of cancel- type "autos", the deductible shall be $250 for lation or nonrenewal. Comprehensive Coverage and$500 for Colli- U. LIBERALIZATION sion Coverage. No deductible will apply to "loss" caused by fire or lightning. If we revise this endorsement to provide greater 6. Additional Definition coverage without additional premium charge, we will automatically provide the additional coverage As used in this DRIVE OTHER CAR Provi- to all endorsement holders as of the day the revi- sion: sion is effective in your state. "Family member" means a person related to the individual named in 1.a. by blood, mar- riage or adoption who is a resident of the indi- vidual's household, including a ward or foster child. R. KNOWLEDGE OF AN ACCIDENT,CLAIM, SUIT OR LOSS The following is added to Paragraph A.2. of Sec- tion IV - Business Auto Conditions: Your obligation to provide prompt notice of an "ac- cident", claim, "suit" or'loss" is satisfied if you or a person designated by you to be responsible for insurance matters is notified of, or in any manner made aware of an"accident",claim, "suit"or"loss" and provides us such notice as soon as practica- ble S. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT The following is added to Paragraph A.5 of Sec- tion IV- Business Auto Conditions: We waive any right of recovery we may have against a person or organization because of pay- ments we make for "bodily injury" or "property damage" when you and such person or organiza- tion have agreed in writing in a contract or agree- ment to waive such right of recovery, provided: 1. Such written contract or agreement was: a. Made prior to the "accident" or "loss" resulting in the covered "bodily injury" or "property damage"; and b. Was in effect at the time of the covered "bodily in- jury"or"property damage". 2. The covered "bodily injury" or "property damage" must arise out of the operations specified in such written contract or agreement. 3. At our request you must provide us with a copy of the aforementioned written contract or agreement. T. UNINTENTIONAL OMISSIONS The following is added Paragraph B.2. of Section IV- Business Auto Conditions: If you fail to disclose any hazards existing at the inception date of this policy, such failure will not CL CA 01 49 02 15 Includes copyrighted material of Insurance Services Page 5 of 5 Office, Inc.,with its permission } This page has been Wtblank intentionally. City of Kent Business License KENT W•S-/IN GT_N STRIPE RITE INC 1813 137TH AVE E SUMNER, WA 98390 Please tear at pe.-P-rat.cn ------------------------------------------------- BUSINESS LICENSE andusets� 1-flhe sales = and use lax must he coded LICENSE MUST BE PAID ANNUALLY BY No 1715 for all qualified JANUARY Ist TO AVOID PENALTY sales%%ithin the cay of KENTIssuance or License Does Not Imply Licensee's pent W e S M I N G T-N Compliance with State and Local I.8%s THIS LICENSE MUST BE POSTED IN A CONSPICUOUS Year : 2017 PLACE.NOT TRANSFERABLE OR ASSIGNABLE NAME AND ADDRESS OF BUSINESS BLOC-21005 89 STRIPE RITE INC MAYOR 1813 137TI-I AVE E The City of Kent SUMNER. WA 98390 u^_n Iru Mr so 'REQUESTFOR MAYO,R'S SIGNATURE 1 ENT Routing Information: (ALL,REQUESTS f+J'IUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by Directo, Originator: Janice A Applegate; (Jars) Phone (Originator): 253-856-51 Date Sent 5 / Date Required: 06/ 1/2017 Return Signed Document tO:Ja 'Alppl gate Contract Termin,atioln Date: 09/29/2017 ' VENDOR NAME, gate Finance Notified: Stripe Flute Inc. (ONY required on ro'ntranta 5 2 2 1 7 Mtn 1000 and over or on any rant) DATE OF COUNCIL APPROVAL: ��+iel Cute Risk Manager Notified:5/ / 17� (Required on anon-Qi Standard contrants/A reerments Has this Document been Sped icall Account Number: P 5 1 7411 530 Authorized in the Budget? YE NO Brief Explanation of Document: Contract between, the City f Kentand Stripe Rite Inc. for sealcoating and restriping of parking lot at Service Oub, Baffields located at 14608' E 288th t., Kent WA 98042 as per attached Rid Numbeir 1 - 8 dated April 4, 2017 marked as Exhibit A attached. A46E>ust Be Routed Through The Law Department MAY 30 2oj� ( this area to be compl6eted by the Law Department) Received:Approval ofDept.: ' Lew �LawWjMN[W a'te or a ed Shaded Areas, To Be icom,pleted By Administration Staff eceived e mrrr ndations and bmrn ,nts. �en'i 1 0��! f t�l iposntnon; NL !rs Da R turrnl dr ��;����� ,� rorn armar+� ocunnrrtet irrGnungy eauuso rw ayYaaa +i+7tra nma �°""° rt y ry ww