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EC17-505 - Original - Tube Art Displays, Inc. - Awning Sign - 11/20/2017
i"%� 04 sly Records M I T %1;/� Document ffl tiiiiio iIM oe CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. Vendor Name: Tube Art Displays, Inc. Vendor Number: JD Edwards Number sos Contract Number: �& I This is assigned by City Clerk's Office Project Name: Awning Sign I Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment 6fl Contract ❑ Other: Contract Effective Date: 11/20/17 Termination Date:2/5/2018 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ben Wolters Department: ECD Contract Amount: $ 13,555.30 Approval Authority: Z Director ❑ Mayor ❑ City Council meeting Date Detail: (i.e. address, location, parcel number, tax id, etc.): ___---- PUBLIC WORKS AGREEMENT between City of Kent and TUBE ART DISPLAYS, INC. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Tube Art Displays, Inc. organized under the laws of the State of Washington, located and doing business at 11715 SE 51h St, Bellevue, WA 98005 (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: Create and install a canopy sign for the Showare Center - more fully described in Exhibit A, Scope of Work. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement and approval of designs, Contractor shall complete the work described in Section I by it weeks. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Thirteen Thousand Five Hundred Fifty-Five and 30/100 Dollars ($13,555.30). Applicable Washington State Retail Sales Tax on this contract shall be governed by WAC 458-20-171 and its related rules for the work contemplated in this Agreement. The City shall pay the Contractor ninety percent (90%) 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. Nq Ply„merit a P rfQr:Ln Bad. Because this contract, including applicable sales tax, is less than $150,000, 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 ten percent (10%) 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. B. D fectiy_e,,or_Unauth or!zed Wgrk. 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 Showare Canopy Sign Page 1 Tube Art Displays, Inc, 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 Pavaient: 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. B. The Contractor's failure to complete the work within the time specified in this Agreement. Showare Canopy Sign Page 2 Tube Art Displays, Inc. 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, attached as Exhibit C. 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 as Exhibit D. 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. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. i Showare Canopy Sign Page 3 Tube Art Displays, Inc, 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; 31 The provisions in this Agreement that support the claim; 4, The estimated dollar cost, if any, of the claimed work and haw 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. Bg_c2rdg. 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, Faiiure to Protest. CoLrti _gi__Vpiver. 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. F 1jrg., to Fallow Procedtares ConskltutgS; NJaLyP1:. 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. 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, Showare Canopy Sign Page 4 '.. Tube Art Displays, Inc. 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. 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 Breaclh. 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. Showare Canopy Sign Page 5 Tube Art Displays, Inc, C. Resolution of Disputes pnd 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; prov de4, 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. As5ig9menC. 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. ttregrnt• 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. Complianco w9th 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, en ils, 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 Fusiness license Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Qpunggrpart a f 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. Showare Canopy Sign Page 6 '.... Tube Art Displays, Inc. 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. ..�.CONTRAOR CITY OF KENT: ................ ............ �CT � By r" .. 'i By: (signature) (signature) Print Name:_Wes9ey_Lunci Print Name: Ben Wolters Its:Q.fFlce Ndg: r Its: Eonamic & Ccmmunity Date: `( R ! Yaprrlen-U irector Date: P PI NOTICES TO BE kRf TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Wesley Lund Ben Walters Tube Are Display, Inc. City of Kent 11715 SE 51h Street 220 Fourth Avenue South Bellevue, WA 98005 Kent, WA 98032 206-223-1122 X1131 (telephone) (253) 856-5703 (telephone) Showare Canopy Sign Page 7 Tube Art Displays, Inc. 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 Clty's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. BY _................. __................................ _..�.. .. For: Title: Date: EEO Compliance Documents Page 1 Tube Art Display, Inc. CITY OF KENT ADMINISTRATIVE POLICY i 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, I EEO Compliance Documents Page 2 Tube Art Display, Inc. 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 Page 3 Tube Art Display, Inc. EXHIBIT A STATEMENT OF WORK See following page Exhibit A Page 1 Tube Art Display, Inc, i BELLEVUE OFFICE P100$8l 1715 SE Flllh Strod( Bellevuo,WA 98005 TUBE ART CROUP tel 206,223.1122 lax 208,223.1123 Iuheart.com I I October I tth 2017 Thor Higgens Showare Canter 625 West James Street Kent,WA 99032 By; Jeff Kehta Re: Sigoage Proposal-Top of Canopy Sign Tim, On behalf of Tube Art Group,I'm pleased to present my proposal for the signage as shown in the provided TAO designs.The below prices ossulnte site ready conditions and power to be provided within 5'of canopy sign location. My pricing is as follows; Sign Type Fabrlaatlon ldgtallodory: F airdild'Pilot, Option One; 3'-1"x 41'-6" accesso ShoWarp CENTER $9,118.00 $2,210.00 $11„328,00 Illurnlnated Channel letters w/LED's-Top of Canopy Appllcatlon -Now Includes designs, survey, hook-ups Permit and Perrnit Acquisition for the City of Kent $995.00 WSST $11232.30 $13,555.30 +w89t Quoted prlcas are valid for aO days and are sublact to the followlan tnrtna; ydaaywCod ilmmt&wmlaamCa andlaeal eatta YaetomWkrtaxodMa fnrrwceawryryamihoa,xYang9nttdagdngwtmga.All atichaheryre ONAM W hmlm➢ad INtha nbmi Pdro.UAlue mhoHvtoogficd,tmymanr tamraemdUfm ka"Nin!I"daaal AamiWnwofohmorv9rrnndhA4urne ordm'Ihlal Pdradum n dwlhlwal'CanpVEmin»of9rulmllaaan,Parflam plraadar loci pollallutmt Waaldollvory.Ir,be,sgtAINd,WnothoCada the aenaa flood lis eltalrlNlNINO w410010 lhadtrploy(w}.'r'heIlIASPtl�mhall he mapmmalhi Mir O,tvoimar,mud it* Iwndllauiml of,olaurhml olhmll olmm it,I110,1416ya will duo power exam lit.I lmy IN gptl➢m tlla mmtWxd dlamNyA or ads lag,dog I,I'M I,III may male al"okol.cosiget mu to .Ircvdn aidlai+lCNm45tuol ldcatdu,Y G9waarywidfeniiula'lltaalerlrinatalmu{X mutlhn Dap{druwl1b1rv51N'aPltwalg�rptateavnkmiditaavnmw,mimlutnwtml meaaralUgllYymurlmtir�ou No alga I$Iwo Sgh IIto oloodtAk IttaV I'm ilia tlllia ditley aoad mil Aapply All mhor toad old mail have mild grand pads,RhoorIcAlgliaklnot msllaglhe�alowee raw INwlll rnalhmcmmeallonhyoollo is.All Ahig,usmaaw0atuutAmopnamonittlmm0.oµlpoweGruuaSaaChrtw6ac loN Wfoin�granroadogemmeatewtrmdonnnmuYwElmndirialu, a+mylmfwtucr:n raoditlone will La kill tl nil ewe lmaea Ma lltmall alerts will mr000ld III I'do9agdoaa amldwtmda utc.alval llmorlovlada Any Pmynsacl aYimm ,(mJ fmmdo 4(woYN'lag mamwl Mrhonvdthtlt„arul4prleaxxvll�baadJualwl ueeaatlreµly k,yuedhnle.l vluvtgdlmdar I+riaom�o-,alureed,uat{,oanaNnW crxidlelaalaaeMatlugoa airliledaarondaronlb�ett lomlunge pllorva MINI accepmara by as aKlkewar5a11(P.'tlm al rpWy smelled atema owl mrsdo Ilia motility aY'SaVkr weal soulf mcaIlin 91109 pmpncnl sTpamlmra prku IM, Agwanrnae'holt eat IV bilriYaa lit"IhoSGp.1.111Y noel aldrted by on axetbdw anhaar diamrmm it MAY aAI bal...Joliette...WMMll.Wells by en uNcdivo alator aridw. sal,49111, 'I'hbAsrrmrnool aoaare ell aµlaraland twhvaon tlo tiNmlcaeml llwm em rmlaankealavadagv,rxegaadaaorwprcaanrneontaltlwawnapiwsawl as fifidw,IN" t"NetranW hamhv'I'Idm AgornioaomElm Yfmk,aarnplawslid maatltulw aaprmmrma arthm Miser tarts:omen.Aapalmttao. .....6"dwSI1YA,fld'aadwurar mpacaamflwllwl dl tau loon dr11 Aytatlmmaahal99tnvom,Onct,PmMamisao arnlh aetuori0rtd ordo SIILIds t All IbeWilaattodrity lot tulli r.Berwlum000l lnatrrelttw,Now of'Cood,gorarrstaotiamagodol delbyaaa ndlcv vpamve hepm�nl Cn awYpa "I'Pds agrtiv'evaot a,Ml lm tlly7Yltd In aamllegMN4e RIIYWAr rice MllA All lmamdnaaadx'Ism arm dWlWl ill"Silldmda home Maad'r.�dotahu,d4 PUlday helwamt b ear aml d Ise(maludlog sol'NhaA l ho9ldapall Any lanallmllon looldm rlwsa'rti7madmd"tmtae,otiolru morning anal.All mime an am ajw to daa so lem'Solo Agemocnl"IbrgAAttd.L"rvldaLuay:dhmbptdlicadaaaerraYbacemlMiWlltnl'rmatSwmUofaireshliVarniwk stay lmf bodlwloxrA YanAY Udal m-crolbrviyaloostm.awunmau. iywfa,ir-elimevr'seem,payeesoxgmr;nslonaIN%0-hnvaaacx!to Imme lgrmmasdaa rvllhall,AgrcllienL'17u0aA nlro Rmmyball fAudmlle 1Nu haanra+ltaopl' ao till At ptaaFny TubaArl Data 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 Liabiliyy 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 it 85 or a substitute endorsement providing equivalent coverage. 2. Ftutomoblle 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' Cprhpgnsafipn 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 Li-4-Wi5yy 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. 4u_ttyfr_.�ilq lid liy insurance with a minimum combined single limit for bodily injury and property damage of $2,000,000 per accident. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: Exhibit B Page 1 Tube Art Display, Inc. I. 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, [See Insurance certificate on following pages] Exhibit B Page 2 Tube Art Display, Inc. 1 CERTIFICATE OF LIABILITY INSURANCE vouzal7 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(sl. PRODUCER CONTACT Parker,Smith&Feek, Inc, PHONE FAX 2233 112th Avenue NE N NR Exly,425 709 3600 (NC N4)425-709.7460, Bellevue,WA 98004 np Ar$s• IN5DRERRD AFFORDING COVERAGE I NAICA INSURERA Charter Oak Fire Insurance CO INSURED INSURER a' Phoenix Insurance Company Tube Art Displays, Inc - - 11715 SE 5th Street I FFINl IF r 'irrr, +d III a Id I� j Bellevue,WA 98005 II ABURf R O 1ravela r C lH;ii ally R SELO,Company INSURER F,. COVERAGES CERTIFICATE NUMBER„ REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 13 SUBJECT TO ALI.THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. P6QCYEFF ; POLEDY EMp nw TYPE OF INSURANCE f LIMITS unrn POLICY M OOrI'YYY N MU YYY AGENERAL LIABILITY P6603HO89717COF17 8/3012017 6130r2018 $ 1000000 , 7Ir I BACH eu CURREne,E _ X cOMnnERCInL CFraEanLllwHRrry I I i aM4jq,,�.G14 e�assolr I X �llsrl S 10000 D0 I ' I _-1 O EYE MADE '..X'-OCCUR "[ OLD P AO one IgIgpf Nl 5 1D003 X, :55,0001PD PERSONAL n ADV INJURY 5 1000000 6ENERAL AQURESIl § 2,000,000....... .. CJnN JEFXrr LIMIT AfPDES PER. l,BOENc,,Ld�gynawrtll'AG $ 2000000 OLCY Iaren. . . AUTOMOBILE LIABILITY P8103HO6551APHX17 rNwnlraee RlNrilr lnul 1000000 B I '6/30/2017 @6130/201B pC"`.4Pcy4P1+yl. 15 ' ! X ANY AurD X i oaDlLv wauRv(Per .a' ALLOWNEo JCHEOULED t I III RY INA JIFF Tel r ADFOS ADIOS I .cderf) E, ----. NON OWNED [ I HOPI RT DA AIA HREDAUFDS AUTOS 4P+ Nmu I x C UMBRELLA LIAO IX. Ci 6021143941 6130/2017 6/30/2018 1 EACH OccuaRENCE § 10000000 EXCESS LIAR CLAIMS MADE X AGGREGATE ',5 10,()00.000 n,IF X I RE FEN T IONS 10,900 .._.. ... 0 VIORRERS COMPENSATION -- PAUB3H89838317 -- X I ArESIAru. 1 X ONHw AND EMPLOYERS LIABILITY YIN �711/2D17 7/1r2D16 I IORN.LtAF9� ER ANY aROPIDE raRrPAR`NIRrFaecuTlVe�� NIA ""WA STOP IS INCLUDED LL ulcNAccrue Nr I, 1,000,000 OfFICIEWMCMBFn tXG WDEI)R prtandal III RNy r --�$ 1,000,000 fyy � leeorlUe under 1,000,000 DESCRIPTION OF OPERATIONS bEle. EL DISEASE-POLICYLIMIF § DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES orach ADDED IN1,Additional Remarks Schedule If more apace Is required) Project-Showare Center-Tap of Canopy Signage.The City of Kent is included as an Additional Insured and coverage is primary noncontributory on the General Liability,Auto, and Excess liability policies per the attached Endorsements. CERTIFICATE HOLDER. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. YI City of Ken[ 220 Fourth Ave S. AUTHORIZI REPRESENTATIVE y Kent,WA98032 ,, Vr -r ©1988-2010 ACORD CORPORATION, All rights reserved. Al 25(2010105) The ACORD name and logo are registered marks of ACORD 1 of 8 SPC ID.WA (VK 100) COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following; BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following Is added to Paragraph MG., Other 1. The following is added to Paragraph A.1.c., Who Insurance of SECTION W — BUSINESS AUTO Is An Insured, of SECTION II — COVERED CONDITIONS'. AUTOS LIABILITY COVERAGE; Regardless of the provisions of paragraph a. and This Includes any person or organization who you paragraph d. of this part S. Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement between you and that person or applicable other Insurance under which an organization, that is signed by you before the additional insured person or organization is the "bodily injury" of "property damage" occurs and first named Insured when the written contract or that is in effect during the policy period, to name agreement between you and that person or as an additional insured for Covered Autos organizalion, that is signed by you before the Liability Coverage, but only for damages to which "bodily Injury" or "property damage" occurs and this insurance applies and only to the extent of that is in effect during the policy period, requires that person's or organization's liability for the this insurance to be primary and non-coniributory. conduct of another"insured". CA T4 74 02 16 m 2016 The Trevebrs Indemnity Company.All rights roearvad. Page 1 of 1 Inckulm copyrighted materiel of Insurance services Offte Inc,With M permission.. COMMERCIAL AUTO i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following, BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply 10 the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF B. BLANKET ADDITIONAL INSURED USE —INCREASED LIMIT C. EMPLOYEE HIRED AUTO 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is person or organization qualifies as an "insured" An Insured, of SECTION II —COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: in Section II. Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO -s ing the policy period river which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II — COV- s separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier, name, with your permission, while performing B. BLANKET ADDITIONAL INSURED duties related to the conduct of your busi- - mess. r The following is added to Paragraph c. in A,1„ 2, The following replaces Paragraph b. in B.5., c Who Is An Insured, of SECTION II —COVERED Other Insurance, of SECTION IV — BUSI- 00 AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: y„per Any person or organization who is required under b. For Hired Auto Physical Damage Cover- = a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and rated "autos" you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by honal insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 02015 The Travelers Indemnity Company.All rights reserved, Page 1 Of 4 Includes copyrighted material or Insurance Services Office,Inc.with its permission. i 001719 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the fallowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED— (Section ll) is amended c) The insurance provided to the additional in- to include any person or organization that you scrod does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for"bodily Injury", requiring insurance" specifically requires you "property damage"or"personal injury" and to provide such coverage for that additional insured, and then the insurance provided to b) It, 'and only to the extent that, the Injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ante" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier, or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement Is limited as follows: collectible "other Insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, qulred by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named Insured Section III—Limits Of Insurance, for such loss, and we will not share with that b) The insurance provided to the additional In- "other insurance". But the insurance provided to sue i does not a e "bodily injury", l I the additional insured by this endorsement still is PPY Y I Y, "Prod- excess over any valid and collectible "other in- erty damage" or "personal injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional Insured when that person or organization Is veying services, including an additional insured under such "other insur- L The preparing, approving, or failing to ante". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement, ders or change orders, or the preparing, a The additional Insured must give us written approving, or failing to prepare or ap- ) prove, drawings and specifications; and notice as soon as practicable of an "occur- rence"ii. Supervisory, inspection, architectural or or an offense which may result in a engineering activities. claim. To the extent possible, such notice 9 9 should include: CG D2 46 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY I. How, when and where the 'occurrence" any provider of"other insurance" which would or offense took place; cover the additional insured for a loss we ii. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses; and condition does not affect whether the insur- ance provided to the additional insured by iii. The nature and location of any injury or this endorsement is primary to "other insur- e.. damage arising out of the"occurrence"or ante" available to the additional insured offense. which covers that person or organization as a b) If a claim Is made or"suit" is brought against named insured as described in paragraph 3. the additional insured, the additional insured above. must: 5. The following definition Is added to SECTION V. '... L Immediately record the specifics of the —DEFINITIONS: '........ claim or"suit' and the date received; and "Written contract requiring insurance" means it. Notify us as soon as practicable. that part of any written contract or agreement The additional insured must see to It that we under which you are required to Include a person or organization as an additional in- receive written notice of the claim or"suit' as sured on this Coverage Part, provided that soon as practicable. the "bodily injury" and "property damage" oc- c) The additional insured must immediately curs and the"personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or"suit', cooperate a. After the signing and execution of the with us in the investigation or settlement of contract or agreement by you; the claim or defense against the "suit', and otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de- agreement is in effect; and fense and Indemnity of any claim or "suit' to c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 CNA Paramount Excess and Umbrella Liability CNAPolicy D. Coverage D - Key Employee Exclusions With respect to Coverage D - Key Employee, this insurance dues Fiat apply to any actual or alleged: 1. Death or Disability death or permanent disability of a key employee relating to, or arising out of: a. nuclear reaction or radiation or radioactive contamination, however caused; b, sickness or disease, including mental illness or mental injury; c, pregnancy, childbirth, miscarriage or abortion; d. suicide, attempted suicide or self inflicted bodily injury, while sane or insane; e. the key employee's intoxication, impairment or otherwise being under the influence of alcohol or controlled substances; f. war, including undeclared or civil war; g. warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or h. insurrection, rebellion, revolution, usurped power. or action taken by governmental authority In hindering or defending against any of these. Z Other Expenses a. expenses the Named Insured incurs which the Named Insured would not have incurred if the Named Insured had used all reasonable means to: i. find a permanent replacement for the key employee; and if. reduce or discontinue the key employee replacement expense; as soon as possible after the Named Insured's permanent loss of the services of the key employee caused by a covered accident. b. additional expenses incurred due to the Named Insured's loss of the services of a permanent replacement appointed or hired to replace a key employee, however caused. However, this exclusion does not apply if the replacement employer, is included in the definition as a key employee and the Named Insured's lass of the services of the replacement employee is caused by a covered accident. IV. WHO IS AN INSURED The following persons or organizations are Insureds. A. With respect to Coverage A - Excess Follow Form Liability, the Named Insured and any persons or organizations included as an insured under the provisions of underlying insurance are Insureds, and then only for the same coverage, except for limits of insurance, afforded under such underlying insurance, B. With respect to the Coverage B - Umbrella Liability: 1. If the Named Insured is designated in the Declarations of this Policy as: a. an individual, the Named Insured and the Named Insured's spouse are Insureds, but only with respect to the conduct of a business of which the Named Insured is the sole owner. b. a partnership or joint venture, the Named Insured is an Insured. The Named Insured's members. the Named Insured's partners, and their spouses are also Insureds, but only with respect to the conduct of the Named Insured's business. =--'Cnnyripht CNA All Rights Reserved CNA Paramount Excess and Umbrella Liability CNAPolicy c. a limited liability company, the Named Insured is an Insured. The Named Insured's members are also Insureds, but only with respect to the conduct of the Named Insured', business, The Named Insured's managers are Insureds, but only with respect to their duties as the Named '.... Insured's managers. '... d. an organization other than a partnership, joint venture or limited liability company, the Named '... Insured is an Insured. The Named Insured's executive officers and directors are Insureds, but only with respect to their duties as the Named Insured's officers or directors. The Named Insured's stockholders are also Insureds, but only with respect to their liability as stockholders, e. a trust, the Named Insured Is an Insured. The Named Insured's trustees are also Insureds, but only with respect to their duties as trustees. 2. Each of the following are also Insureds: a. The Named Insured's volunteer workers but only while performing duties related to the conduct of the Named Insured's business. b. The Named Insured's employees, other than either the Named Insured's executive officers (if the Named Insured is an organization other than a partnership, joint venture or limited liability company) or the Named Insured's managers lit the Named Insured is a limited liability company), but only for acts within the scope of their employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business. However, none of these employees or volunteer workers are Insureds for: i, bodily injury or personal and advertising injury: Is) to the Named Insured, to the Named Insured's partners or members (if the Named Insured is a partnership or joint venture), to the Named Insured's members (if the Named Insured is a limited liability company), to a co-employee while in the course of his or her employment or performing duties related to the conduct of the Named Insured's business, or to the Named Insured's other volunteer workers while performing duties related to the conduct of the Named Insured's business; (I to the spouse, child, parent, brother or sister of that co-employee or volunteer worker as a consequence of paragraph (i)(a) above; (c) for which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph i. (a) or (b) above; or Id) arising out of his or her providing or failing to provide professional health care services. ii, property damage to property: (al owned, occupied or used by; lb) rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; the Named Insured, any of the Named Insured's employees, volunteer workers, any partner or member (if the Named Insured is a partnership or joint venturel, or any member (if the Named Insured is a limited liability company). C. With respect to the Coverage C - Crisis Event Management and the Coverage D - Key Employee, the Named Insured is the Insured. V, LIMITS OF INSURANCE '.... A. Multiple Insureds, claims, claimants The limits of insurance shown In the Declarations of this Policy and the rules below fix the most the "Copy,lghr CNA All Rlpli[s Reserved, CNA Paramount Excess and Umbrella Liability CNAPulicy iv, will cooperate with the Insurer in the investigation or settlement of the claim or defense against the suit; v, will assist the Insurer, upon its request, in the enforcement of any right against any person or organization which may be liable to the Insured because of injury or damage to which this insurance may also apply; and vi. will not voluntarily make a payment, except at its own cost, assume any obligation, or incur any expense, other than for first did, without the Insurer's prior consent. 3. Cooperation With respect to both Coverage A - Excess Fallow Form Liability and Coverage R - Umbrella Liability, the Named Insured will cooperate with the Insurer in addressing all claims required to be reported to the Insurer in accordance with this paragraph 0. Notice of Claims/Crisis Management EvenUCovered Accident, and refuse, except solely at its own cost, to voluntarily, without the Insurer's approval, make any payment, admit liability, assume any obligation or incur any expense related thereto P. Notices Any notices required to be given by an Insured shall be submitted in writing to the Insurer at the address set forth in the Declarations of this Policy„ Q. Other Insurance If the Insured is entitled to be indemnified or otherwise insured in whole or in part for any damages cr defense costs by any valid and collectible other insurance for which the Insured otherwise would have been indemnified or otherwise insured in whole or in part by this Policy, the limits of insurance specified in the Declarations of this Policy shall apply in excess of, and shall not contribute to a claim, incident or such event covered by such other insurance. With respect to Coverage A - Excess Follow Form Liability only, if a. the Named Insured has agreed in writing in a contract or agreement with a person or entity that this insurance would be primary and would not seek contribution from any other insurance available; I Underlying Insurance includes that person or entity as an additional insured; and c. Underlying Insurance provides coverage on a primary and noncontributory basis as respects that person or entity; than this insurance is primary to and will not seek contribution from any insurance policy where that person or entity is a named insured. '.. R. Premium All premiurn charges under this Policy will be computed according to the Insurer's rules and rating plans that apply at the inception of the current policy period. Premium charges may be paid to the Insurer or its authorized representative. S. In Rem Actions A quasi in rem action against any vessel owned or operated by or for a Named Insured, or chartered by or for a Named Insured, will be treated in the same manner as though the action were in persoriam against the Named Insured, T. Separation of Insureds Except with respect to the limits of insurance, and any rights or duties specifically assigned in this Policy to the First Named Insured, this insurance applies. "Cupyrlght CNA All Rightx Renervad EXHIBIT C STATEMENT OF INTENT TO PAY PREVAILING WAGE See following page Exhibit C Page 1 Tube Art Display, Inc. Page 1 of 3 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 ......_...._ . .. .......m -- ........_.. _ .........�....._. Statement of Intent to Pay Prevailing Wage Document Received Intent Id: Affidavit Id: Status: Approved On Date: 1111012017 874347 11 /10/2017 Company Details TUBE ART DISPLAYS INC UBI#: 178073073 1 1 71 5 SE 5th St Reg#: TUBEAD*31 1 QS BELLEVUE, WA 98005 E-mail: wlund@tubeart.com 206-223-1122 Industrial Insurance Account Id 1 5221 700 Filed By Lund, Wesley Prime Contractor Company Name TUBE ART DISPLAYS INC Contractor Registration No. TUBEAD*311QS WA UBI Number 178073073 Phone Number 206-223-1122 Project Information Awarding Agency KENT, CITY OF 220 - 4TH AVE S KENT, WA - 98032-5895 Awarding Agency Contact Tanya Kosen Awarding Agency Contact Phone Number 253-856-5456 https://secureaccess.wa.gov/lni/pwia/Viewlntent.aspx 11/13/2017 Page 2 of 3 Contract Number 125956 Project Name Showare Top of Canopy Sign Bid due date 1011112017 Award Date 1111012017 Project Site Address or Directions Showare Center 625 West James Street Kent, WA 98032 Intent Details Does your company intend to hire No subcontractors to perform all work? Does your company intend to hire any No subcontractors? Will your company have employees perform Yes work on this project? Do you intend to use any apprentices? No (apprentices are considered employees.) Will this project utilize American Recovery No and Reinvestment Act (ARRA) funds? Specifically, will this project utilize any No weatherization or energy efficiency upgrade funds (ARRA or otherwise)? How many owner/operators performing 0 work on the project own 30% or more of the company? What is the estimated contract amount? Or is $13,555,30 this a time and materials estimate? Expected project start date: (MM-DD-YYYY) 1 112212017 In what county (or counties) will the project King, Yakima be done? In what city (or nearest city) will the project Yakima, Auburn, Kent be done? https://secureaccess.wa.gov/liii/pwia/Viewlntent.aspx 11/13/2017 Page 3 of 3 Journey Level Wages County Trade Occupation Wage Fringe Workers King Sign Makers & Sign Installer $22.92 $3.65 2 Installers (Electrical) King Sign Makers & Sign Maker $21 .36 $3.65 2 Installers (Electrical) Yakima Sign Makers & Journey Level $14.65 $3.65 8 Installers (Electrical) o Show/I kle f.x.,,.,,n Nt'10.ts. No note exists https://secureaccess.wa.gov/lni/pwiaNiewlntent.aspx 1 1/13/2017 , EXHIBIT PREVAILING WAGES See following page � � | Exhibit Page Tube Art Display, Inc. Prevailing Wage for Sign Makers& Installers County I Trade I Job Classification I Wage IlFringe Iworkers I Notes King Sign Makers &Installers (Electrical) Sign Installer $22.92 $3.65 2 King Sign Makers & Installers (Electrical) ISign Maker $21.36 $3.651 2 Yakima ISign Makers & Installers (Electrical) Journey Level 1 $14.65 $3.65 8