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HomeMy WebLinkAboutCAG2019-144 - Original - Sunrise Glass, Inc. - Garrison Creek Park Restroom Door Replacement - 03/13/2019 KENT Records Management Document 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. Sunrise Glass, Inc Vendor Name: 36160 Vendor Number (]DE): Contract Number (City Clerk): LV, Z��� Category: _Contract Agreement Sub-Category (if applicable): None Project Name: Restroom Door Replacement at Garrison Creek Park Contract Execution Date: 03/13/2019 Termination Date: 06/30/2019 Greg Highsmith Parks Contract Manager: Department: Contract Amount: $ 4670.60 Budgeted: ✓0 Grant? Part of NEW Budget: Local: ❑ State: 11 Federal: El Related to a New Position: Notice required prior to public disclosure? Basis for Selection of Contractor? Other Approval Authority: a UMayor City Council 5 upERi 4TV#_3 Other Details: Replace two doors on the restroom building at Garrison Creek Park, located at 9615 South 218th Street, Kent WA 98032. KENT PUBLIC WORKS AGREEMENT between City of Kent and Sunrise Glass, Inc THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Sunrise Glass, Inc organized under the laws of the State of Washington, located and doing business at 707 Central Avenue South, Kent WA 98032-6108 Contact: Tom Lewis; Phone: 253- 813-5755, Fax: 253-813-5778 (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: Replace two doors on the restroom building at Garrison Creek Park, located at 9615 South 218th Street, Kent WA 98032. To include installation as per Quote 39252, dated 2/26/2019 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. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I by June 30, 2019. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed FOUR THOUSAND SIX HUNDRED SEVENTY DOLLARS AND SIXTY CENTS ($4,670.60), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor eighty-five percent (85%) 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 $150,000 or less, 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. PUBLIC WORKS AGREEMENT - 1 ($20K or Less and No Performance Bond) B. Retainage. The City shall also hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of Contractor's signature on the Agreement. C. 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. D. 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. PUBLIC WORKS AGREEMENT - 2 ($20K or Less and No Performance Bond) 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. 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. PUBLIC WORKS AGREEMENT - 3 ($20K or Less and No Performance Bond) VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an 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 PUBLIC WORKS AGREEMENT - 4 ($20K or Less and No Performance Bond) 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, 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. PUBLIC WORKS AGREEMENT - 5 ($20K or Less and No Performance Bond) XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by 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 ($20K or Less 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. CONTRACTOR: CITY OF KE By: By: 11- (signature) (signature) Print me: (�! 'aIL1 P_ 32,a Print ame. Garin Lee, Its to 1p r�t( P / 1 � � Its: Parks Operations Superintendent (title) DATE: 3' S j cJ DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: his 4 FN b 111} /k)LI Greg Highsmith Sunrise Glass, Inc. City of Kent 707 Central Avenue South 220 Fourth Avenue South Kent, WA 98032-6108 Kent, WA 98032 (253) 813-5755 (telephone) (253) 740-7081 (cell) or (253) 813-5778 (facsimile) (253) 856-5132 (telephone) 253 856-6120 facsimile ATTEST: Kent City Clerk PUBLIC WORKS AGREEMENT - 7 ($20K or Less 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 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: in—= For: �Lt�, ✓�LP ��� S� �nC Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 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 BIDDER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded. The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (02/26/2019), the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Sunrise Glass, Inc. By: L Signature of Authorized Official* Printed Name: ��Oe Title: 19�l �'I 2 •-v�' Date: 3-- S City and State: '` / W" 1 *If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. BIDDER RESPONSIBILITY CRITERIA - 1 2/27/2019 abouttlank 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: 2/27/2019 County_ Trade Job Classification Wage Holiday Overtime Note King Glaziers Journey Level $63.06 7L 1y abouttlank 1/1 F E B/26/20 I 9/TUE 09,56 AM Sunrise Glass FAX No, 12533135770 EXHIBIT A Sunrise Glass commercial 'o-N V- 707 Central Ave S. Contrector Ucensw SUNRIG1005RO Kent, WA 98032 Seattle Kent Tacoma FAX: upte 253-893-0001 253-813-5755 253-502-4103 253-246-4028 ACCOUNT I AGENT PURCHASE NO-: K102 NO.: ORDER NO.: DATE 12/26/2019 39252 09:56 AM GUST0r0ER BTATE TAX OR EXEMPT NO I GV8TOM1IER EE.GERAI.TAX r,0.NO AGV.CODE SALESMAN OR0Q9 TAKEN IS/ INSTALLED BY 179 ovtI L-TAX LD.NO '.D. . KENDALL 1-2076272 13ILLTO: CITY OF KENT SaLDTO Ship To: K162 220 FOURTH AVE. SO. GARRISON PARK KENT, WA 98032-5895 9615 S 218TH ST KENT, WA (253) 856-667e- FAX: (253)856-60TO FAX. (25: Qvi20 My Part Number Description List Disc a Sell Total 1 COMM 2 HOLLOW METAL DOORS INSTALLED $4,246,00 0 $4,246.00 $4,246.00 CONTACTGREG HIGHSMITHAT253-740-7081. IF THAT NUMBER DOES NOT WORK, CALL 253-940-7081 MEET W GREG TO ASSESS SITUATION WITH DOORS. WILL WANT TO REPLACE DOORS AND POSSIBLY FRAMES AS WELL. ENSURE TO GET THE TYPE, COLOR, SIZES, ETC. PAINTING OF HOLLOW METAL DOORS BY OTHERS. Sub Total: $4,246.00 Tax: $424.60 TERMS OF pAVMEtrT Elfty Per0gnl(Spy,)tle0oslt MAY be required prlartD 10b start wltlt baienC9 dU9 upon completfoR. MITERMS o TERMS ON ACCOUNL NET 90 CAVS,5ERV!CE CHARGE OT 1 1i2x PER MONTH(1 B%PER ANNUM)WILL BE CHARGM ON OVERDUE ACCOUNTS Total: $4,670.60 RETURN CHECK FEE S25,00 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued ) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage 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. ACC> CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) lllh� 03/05/2019 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Sandi Jones NAME: Rice Insurance LLC PHONE (360)734-1161 FAX (360)734-1173 A/C No Ext: A/C,No 1400 Broadway E-MAIL Sandi@riceinsurance.com ADDRESS: P.O.Box 639 INSURER(S)AFFORDING COVERAGE NAIC k Bellingham WA 98227 INSURER A: C B 1 C 37206 INSURED INSURER B Sunrise Glass Inc INSURER C: Sunrise Glass&Glazing Inc. INSURER D: 707 Central Ave S INSURER E: Kent WA 98032-6108 INSURER F: COVERAGES CERTIFICATE NUMBER: CL192559974 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AIJUL bUtSR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE ❑X OCCUR DAMA RENTED 300,000 PREMISES Ea occurrence $ MED EXP(Any one person) s 5,000 A Y Y A31ADM246 02/06/2019 02/06/2020 PERSONAL BADVINJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PRO PRODUCTS-COMP/OP AGO $ JECT LOC 2,000,000 OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y Y A31ADM246 02/06/2019 02/06/2020 BODILY INJURY(Per accident) $ AUTOS ONLY IX AUTOS HIRED NON-OWNEDPRO DAMAGEAUTOS ONLY AUTOS ONLY PerPERTY cct $ UMBRELLA LIARX OCCUR EACH OCCURRENCE $ 3,000,000 A EXCESS LIAB CLAIMS-MADE Y Y A31UUM246 02/06/2019 02/06/2020 AGGREGATE $ 3,000,000 DED I X RETENTION$ 10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE X ER A ANY PROPRIETOR/PARTNER/EXECUTIVE . . 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA A31ADM246-WA Stop Gap 02/06/2019 02/06/2020 EL EACH ACCIDENT $ (Mandatory in If yes,describe under undnder E.L.DISEASE-EA EMPLOYEE $ 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 _T I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Garrison Park City of Kent and Garrison Park are Additional Insured as required by written contract for General Liability per attached form RGL350 08/17 which includes Completed Operations. Waiver of Subrogation is included in form CBGL0316 Coverage is primary and non contributory. Auto additional insured form CBCA0046 05/14 is also attached. Umbrella is following form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Garrison Park 220 4th Ave S AUTHORIZED REPRESENTATIVE Kent WA 98032 lop-, @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy. A31ADM246 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCEMENT - WASHINGTON SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured D. Blanket Waiver Of Subrogation E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair-Waiver Of Deductible I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage-Loss Of Use L. Hired Car-Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily Injury Definition -Mental Anguish O. Airbag Coverage P. Amended Insured Contract Definition-Railroad Easement Q. Coverage Extensions-Audio,Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage CBCA 00 46 05 14 Includes copyrighted material of Page 1 of 6 Insurance Services Office, Inc., with its permission This endorsement modifies insurance provided under the following. BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured quired to do so in a contract or agreement The following is added to the SECTION II — that is executed by you before the "bodily in- COVERED AUTOS LIABILITY COVER- jury"or"property damage"occurs. AGE, Paragraph A.1. Who Is An Insured D. Blanket Waiver Of Subrogation Provision: The following is added to the SECTION IV— Any business entity newly acquired or BUSINESS AUTO CONDITIONS, A. Loss formed by you during the policy period, pro- Condition, 5. Transfer of Rights Of Re- vided you own fifty percent (50%) or more of covery Against Others To Us: the business entity and the business entity is We waive any right of recovery we may have not separately insured for Business Auto against any person or organization to the extent Coverage. Coverage is extended up to a maximum of one hundred eighty (180) days required of you by a contract executed prior to following the acquisition or formation of the any "accident" or "loss", provided that the "acci- business entity. dent" or "loss" arises out of the operations con- templated by such contract. The waiver applies This provision does not apply to any person only to the person or organization designated in or organization for which coverage is ex- such contract. cluded by endorsement. E. Employee Hired Autos B. Employees as Insureds 1. The following is added to the SECTION The following is added to the SECTION II — II — COVERED AUTOS LIABILITY COVERED AUTOS LIABILITY COVER- COVERAGE, Paragraph A.I. Who Is AGE, Paragraph A.1. Who Is An Insured An Insured Provision: Provision: An "employee" of your is an "insured" Any "employee" of yours is an "insured" while operating an "auto" hired or rented while using a covered "auto" you don't own, under a contract or agreement in that hire or borrow in your business or your per- "employee's" name, with your permis- sonal affairs. sion, while performing duties related to C. Blanket Additional Insured the conduct of your business. The following is added to the SECTION II — 2. Changes In General Conditions.- COVERED AUTOS LIABILITY COVER- Paragraph 5.b.of the Other Insurance AGE, Paragraph A.I. Who Is An Insured Condition in the BUSINESS AUTO Provision: CONDITIONS is deleted and replaced Any person or organization that you are re- with the following. quired to include as an additional insured on b. For Hired auto Physical Damage this coverage form in a contract or agree- Coverage, the following are deemed ment that is executed by you before the to be covered"autos"you own: "bodily injury" or "property damage" occurs (1) Any covered "auto" you lease, is an "insured"for liability coverage, but only hire, rent or borrow: and for damages to which this insurance applies and only to the extent that person or organi- (2) Any covered "auto" hired or zation qualifies as an "insured" under the rented by your "employee" un- Who Is An Insured provision contained in der a contract in that individual SECTION II — COVERED AUTOS LIABIL- "employee's" name, with your ITY COVERAGE. permission, while performing The insurance provided to the additional duties related to the conduct of insured will be on a primary and non- your business. However any contributory basis to the additional insured's auto"that is leased, hired, rent- own business auto coverage if you are re- ed or borrowed with a driver is not a covered"auto" CBCA 00 46 05 14 Includes copyrighted material of Page 2 of 6 Insurance Services Office, Inc., with its permission F. Fellow Employee Coverage for "loss" to wearing apparel and other SECTION II — COVERED AUTOS LIABIL- personal effects which are: ITY COVERAGE, Exclusion B.S. does not (1) Owned by an "insured"; and apply if you have workers compensation in- surance in-force covering all of your em- ployees. No deductible applies to Personal Ef- G. Auto Loan Lease Gap Coverage fects Coverage. SECTION III — PHYSICAL DAMAGE COV- J. Hired Auto Physical Damage Coverage ERAGE, C. Limit Of Insurance, is amend- The following is added to SECTION III - ed by the addition of the following: PHYSICAL DAMAGE COVERAGE, A. In the event of a total "loss" to a covered Coverage,4.Coverage Extensions: "auto" shown in the Schedule of Declara- d. Hired Auto Physical Damage Cover- tions, we will pay any unpaid amount due on age the lease or loan for a covered"auto"less: If hired "autos" are covered "autos" for 1. The amount paid under the PHYSICAL Liability Coverage and this policy also DAMAGE COVERAGE section of the provides Physical Damage Coverage for policy; and an owned "auto", then the Physical 2. An Damage Coverage is extended to "au- tos" that you hire, rent or borrow subject a. Overdue lease/loan payments at the to the following: time of the"loss"; (1) The most we will pay for "loss" in b. Financial penalties imposed under a any one"accident" to a hired, rented lease for excessive use, abnormal or borrowed "auto" is the lesser of: wear and tear or high mileage. (a) $60,000 c. Security deposits not returned by the lessor; (b) The actual cash value of the damaged or stolen property as d. Costs for extended warranties, of the time of the"loss"; or Credit Life Insurance, Health, Acci- dent or Disability Insurance pur- (c) The cost of repairing or replac- chased with the loan or lease; and ing the damaged or stolen prop- erty with other property of like e. Carry-over balances from previous kind and quality. loans or leases. (2) An adjustment for depreciation and H. Glass Repair—Waiver Of Deductible physical condition will be made in SECTION III — PHYSICAL DAMAGE COV- the event of a total "loss". ERAGE, D. Deductible is amended by add- (3) We may deduct for betterment for ing the following: parts normally subject to repair and No deductible for a covered "auto" will apply replacement during the useful life of to glass damage if the glass is repaired ra- the "auto". In this event, deductions ther than replaced. shall be limited to the lesser of: I. Personal Effects Coverage (a) An amount equal to the propor- tion that the expired life of the The following is added to SECTION III - part to be repaired or replaced PHYSICAL DAMAGE COVERAGE, A. bears to the normal useful life of Coverage,4.Coverage Extensions: the part; or c. Personal Effects Coverage (b) The amount which the resale In the event of a total theft loss of your value of the "auto" is increased covered "auto" we will pay up to $400 from the repair or replacement. CBCA 00 46 05 14 Includes copyrighted material of Page 3 of 6 Insurance Services Office, Inc., with its permission (4) A deductible equal to the highest (2) With respect to any claim made or Physical Damage deductible appli- "suit" instituted outside the United cable to any owned auto will apply. States of America, the territories and possessions of the United (5) This Coverage Extension will not apply to: States of America, Puerto Rico, and Canada: (a) Any "auto" that is hired, rented (a) You shall undertake the investi- or borrowed with a driver; or gation, settlement and defense (b) Any "auto" that is hired, rented of such claims and "suits" and or borrowed from your "employ- keep us advised of all proceed- ee"• ings and actions. K. Hired Auto Physical Damage — Loss of (b) You will not make any settle- Use ment without our consent. The following is added to SECTION 11 - (c) We will reimburse you: COVERED AUTOS LIABILITY COVER- AGE,A.2. Coverage Extensions: (i) For the amount of damages because of liability imposed e. We will pay sums which you legally upon you by law on account must pay to the lessor of a covered "au- of"bodily injury' or"property to" which you have leased without a damage" to which this in- driver for thirty (30) days or less for the surance applies, and lessor's loss of use of the covered "au- to", provided: (ii) For all reasonable expenses incurred with our consent in (1) This insurance provides compre- connection with the investi- hensive, specified causes of loss or gation, settlement or de- collision covered on the covered fense of such claims or "auto"; "suits". Reimbursement for (2) The loss of use results from the expenses will be part of the covered "auto"being damaged in an Limit of Insurance for liabil- "accident"while you are leasing it. ity coverage shown in the Business Auto Coverage We will pay up to a maximum limit of Declarations, and not in ad- $1,500 for this covered extension. dition to such limits. L. Hired Car—Worldwide Coverage (3) The limit of insurance for Liability The following is added to SECTION II — Coverage shown in the Business COVERED AUTOS LIABILITY COVER- Auto Coverage Declarations is the AGE,A.2. Coverage Extensions: most we will reimburse you for the sum of all damages imposed on f. Hired Car—Worldwide Coverage you, as set forth in paragraph 2.c. above, and all expenses incurred by (1) We will pay all sums an "insured" you arising out of any single "acci- legally must pay as damages be- dent"or"loss". cause of "bodily injury" or "property damage" to which this insurance (4) You must maintain the greater of the applies, caused by an "accident" following primary auto liability insur- which occurs outside of the United ance limits. States of America, the territories and possessions of the United (a) Compulsory admitted insurance with limits required to States of America, Puerto Rico and force Canada resulting from the mainte- to satisfy the legal requirements nance, or use of any covered "auto" of the jurisdiction where the ac- of the private passenger type you cident occurs; or lease, hire, rent or borrow without a (b) Insurance limits required by law driver for thirty(30) days or less. and issued by a government en- CBCA 00 46 05 14 Includes copyrighted material of Page 4 of 6 Insurance Services Office, Inc., with its permission tity or by an insurer licensed or N. Amended Bodily Injury Definition - Men- permitted by law to do business tal Anguish in the jurisdiction where the "ac- The following is added to SECTION V - cident"occurs; or DEFINITIONS, Definition C.: (c) Auto liability insurance limits of "Bodily injury" also includes mental anguish, at least $300,000 combined sin- but only when the mental anguish arises gle limit or $100.000 per person from other bodily injury, sickness or disease. / $300,000 per accident Bodily Injury, $100,000 Property Dam- O. Airbag Coverage age. The following is added to SECTION III - If you fail to comply with the above PHYSICAL DAMAGE COVERAGE B. Ex- this insurance is not invalidated. clusions 3.a.: However in the event of a "loss", we However, this exclusion will not apply to ac- will pay only to the extent that we cidental discharge of an airbag due to me- would have been liable had you so complied. chanical or electrical breakdown. (5) The insurance provided by this cov- P. Amended Insured Contract Definition — erage extension is excess over any Railroad Easement other collectible insurance available SECTION V — DEFINITION paragraph H. to you whether on a primary.. ex- "Insured contract"is modified as follows: cess, contingent or any other basis. 1. Paragraph H.3. is replaced by the fol- M. Temporary Transportation Expenses lowing: SECTION III — PHYSICAL DAMAGE COV- 3. Any easement or license agree- ERAGE, A.4. Coverage Extensions, sub- ment. paragraph a. Transportation Expense is deleted and replaced by the following: 2. Paragraph H.6.a. is deleted. a. Transportation Expenses Q. Coverage Extensions — Audio, Visual And Data Electronic Equipment Not De- (1) We will pay up to a maximum of signed Solely For The Production Of $1,500 for temporary transportation Sound expense incurred by you because of SECTION III — PHYSICAL DAMAGE COV- Physical Damage to a covered "au- to". ERAGE B. Exclusions, exception para- graph a. to exclusion 4.c. and 4.d. is deleted (2) We will pay only for those covered and replaced with the following: "autos" for which you carry Compre- hensive, Collision or Specified a. Equipment and accessories used with Cause of Loss Coverage. such equipment, except for tapes, rec- ords, discs or other electronic media de- (3) We will pay only for those expenses vice, provided such equipment is per- incurred by you during the period of manently installed in the covered "auto" time that begins twenty-four (24) at the time of the "loss" or is removable hours after the covered "loss" and from the housing unit which is perma- ends at the time when the covered nently installed in the covered "auto" at "auto"can be reasonably repaired or the time of the "loss", and such equip- replaced. ment is designed to be solely operated (4) This coverage does not apply while by use of the power from the "autos" there are spare or reserve "autos" electrical system, in or upon the covered available to you for your operations. "autos"; or CBCA 00 46 05 14 Includes copyrighted material of Page 5 of 6 Insurance Services Office, Inc., with its permission R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions SECTION IV — BUSINESS AUTO CONDI- SECTION IV — BUSINESS AUTO CONDI- TIONS, A.2. Duties In The Event Of Acci- TIONS, B. General Conditions; 2. Con- dent, Claim, Suit or Loss, subparagraph a. cealment, Misrepresentation or Fraud is is deleted and replaced with the following: amended by adding the following: a. In the event of"accident", claim, "suit"or The unintentional omission of, or uninten- "loss", you must give us or our author- tional error in, any information given by you ized representative prompt notice of the shall not prejudice your rights under this in- "accident"or"loss"including: surance. However, this provision does not affect our right to collect additional premium (1) How, when and where the "acci or exercise our right of cancellation or non- dent"or"loss"occurred; renewal. (2) The "insured's" name and address; T. Towing Coverage and (3) To the extent possible, the names SECTION III — PHYSICAL DAMAGE COV- and addresses of any injured person ERAGE, A.2. Towing, is deleted and re- and witnesses, place by the following! Your duty to give us or our authorized 2. We will pay up to $750 for towing and representative prompt notice of the "ac- labor costs incurred each time a cov- cident" or "loss" applies only when the ered"auto" is disabled due to a covered "accident"or"loss"is known to: cause of loss. However: (1) You, if you are an individual; a. All labor must be performed at the place of disablement; and (2) A partner if you are a partnership; or b. If the covered auto is a private pas- (3) An executive officer or insurance senger type, no deductible applies; manager, if you are a corporation. and c. If the covered auto is not of the pri- vate passenger type, our obligation to pay will be reduced by a $250 deductible per disablement. CBCA 00 46 05 14 Includes copyrighted material of Page 6 of 6 Insurance Services Office, Inc., with its permission Policy: A31ADM246 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY GENERAL LIABILITY ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT This schedule is provided only as a convenience. It should not be assumed to provide a reference to every provision that can affect a question, claim or coverage. To determine the full scope of coverage and perti- nent restrictions and exclusions, the policy, including endorsements, must be read it its entirety. A. Reasonable Force—Bodily Injury Or Property Damage B. Non-Owned Watercraft C. Damage To Premises Rented To You D. Supplementary Payments E. Newly Acquired Or Formed Organizations F. Additional Insured—Owner, Manager or Lessor Of Premises Or Leased Equipment G. Additional Insured—State or Political Subdivisions—Permits Related to Premises or Opera- tions H. Unnamed Partnership Or Joint Venture I. General Aggregate Limit—Per Project or Per Location J. Damage To Premises Rented To You Limit K. Knowledge And Notice Of Occurrence Or Offense L. Unintentional Omission M. Waiver Of Transfer Of Rights Of Recovery Against Others To Us N. Amended Bodily Injury Definition O. Amended Insured Contract Definition CBGL 03 16 05 14 Includes copyrighted material of Page 1 of 6 Insurance Services Office, Inc., with its permission. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION I—COVERAGES any other basis, except for the insur- COVERAGE A BODILY INJURY AND PROP- ance purchased specifically by you ERTY DAMAGE LIABILITY to apply in excess of the Limits of In- surance shown in the declarations A. Reasonable Force—Bodily Injury Or Prop- for this Coverage Part. erty Damage C. Damage To Premises Rented To You Paragraph 2.a. Exclusions; Expected Or The last paragraph of 2. Exclusions is de- Intended Injury, is deleted and replaced by leted and replaced by the following: the following: a. Expected or Intended Injury Exclusions c. through n. do not apply to damage by water, fire, explosion, light- "Bodily Injury" or "property damage" ex- ning, or smoke resulting from fire to pected or intended from the standpoint of premises while rented to you, or tempo- the insured. This exclusion does not ap- rarily occupied by you with permission by ply to"bodily injury"or"property damage" the owner. A separate limit of insurance resulting from the use of reasonable applies to this coverage as described in force to protect persons or property. Section III— Limits Of Insurance. B. Watercraft This provision does not apply if coverage 1. Paragraph 2.g.(2) Exclusions; Aircraft, for Damage To Premises Rented To You is excluded by another endorsement to Auto Or Watercraft is deleted and re-placed by the following: this policy. (2) A watercraft you do not own that is: SUPPLEMENTARY PAYMENTS - COVER- AGES A AND B. (a) Up to seventy-five (75)feet long, D. Supplementary Payments and b Not being used to car Paragraphs 1.b. and 1.d. are deleted and re- or g carry persons placed with the following: or property for a charge; 2. The following is added to paragraph 2.g.: b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic Only as respects to the insurance violations arising out of any vehicle to provided by this provision, Section II which Bodily Injury Liability Coverage ap- -Who Is An Insured is amended to plies. We do not have to furnish these include as an insured any person bonds. who,with your express consent uses d. All reasonable expenses incurred by the a watercraft owned by you. insured at our request to assist us in the The insurance provided by this provi- investigation or defense of the claim or sion shall be excess over any valid "suit",including actual loss of earnings up and collectible other insurance avail- to$500 a day because of time off work, able to any insured,whether primary, excess, contingent or on CBGL 03 16 05 14 Includes copyrighted material of Page 2 of 6 Insurance Services Office, Inc., with its permission. SECTION II—WHO IS AN INSURED maintenance or use of that part E. Newly Acquired Or Formed Organizations of any premises leased to you under that contract or agree- The following replaces Paragraph 3.: ment; or 3. Any organization you newly acquire or (2) The "bodily injury", "property form, other than a partnership,joint ven- damage"or"personal and adver- ture or limited liability company, over tising injury" is caused, in whole which you maintain ownership or majority or in part, by you or any person interest, will qualify as a Named Insured or organization performing oper- if there is no other similar insurance avail- ations on your behalf, and arises able to that organization. However: out of the maintenance, opera- a. Coverage under this provision is af- tion or use of equipment leased forded only until the one hundred to you by such additional in- eightieth (1801h) day after you ac- sured. quire or form the organization or the b. The insurance provided to such addi- end of the policy period, whichever is tional insured under this provision is earlier; subject to the following: b. Coverage A does not apply to"bodily (1) The limits of insurance afforded injury" or"property damage" that oc- to such additional insured shall curred before you acquired or formed be the limits which you agreed to the organization, and provide in the contract or agree- c. Coverage B does not apply to "per- ment, or the limits shown in the sonal and advertising injury" arising Declarations, whichever are out of an offense committed before less, and you acquired or formed the organiza- (2) The insurance afforded to such tion. additional insured does not ap- d. This provision does not apply to any ply organization for which coverage is (a) To any "bodily injury" or excluded by another endorsement to 'property damage" that oc- this policy. curs,or"personal and adver- F. Additional Insured — Owner, Manager Or tising injury" caused by an Lessor Of Premises Or Leased Equipment offense committed, after you cease to be a tenant in that The following paragraph is added: premises; 4. Any person or organization that you have (b) To any structural alterations, agreed in a contract or agreement to in- construction or demolition clude as an additional insured on this pol- operations performed by or icy, but: on behalf of such additional a. Only with respect to liability for"bod- insured, ily injury" or "property damage" that (c) To any premises for which occurs, or "personal and advertising coverage is excluded by an- injury"caused by an offense commit- other endorsement to this ted, after you have entered into that Coverage Part, contract or agreement; and (d) To any "bodily injury" or (1) Only if the "bodily injury", "prop- `property damage" that oc- erty damage" or "personal and curs,or"personal and adver- advertising injury' is caused, in tising injury" caused by an whole or in part, by you or any offense committed, after the person or organization perform- equipment lease expires; or ing operations on your behalf, and arises out of the ownership, CBGL 03 16 05 14 Includes copyrighted material of Page 3 of 6 Insurance Services Office, Inc., with its permission. (e) If the equipment is leased a Named Insured in the Declarations. with an operator. However this limitation does not apply to c. This provision does not apply on any your liability with respect to your conduct basis to any person or organization of the business of any current or past for which coverage as an additional partnership or joint venture: insured specifically is added by an- a. That is not shown as a Named In- other endorsement to this policy. sured in the Declarations; and G. Additional Insured — State Or Political b. In which you are a member or partner Subdivisions — Permits Related To Prem- but only if: ises Or Operations (1) Each and every member or part- The following paragraphs are added: ner in that joint venture or part- 5. Any state or political subdivision that has nership is not a construction con- issued a permit in connection with prem- tractor; and ises owned or occupied by, or rented or (2) The joint venture or partnership loaned to, you, but only with respect to is not providing construction con- "bodily injury", "property damage", "per- tracting services. sonal and advertising injury" arising out of the existence, ownership, use, mainte- 2. This provision does not apply to any per- nance, repair, construction, erection or son or organization for which coverage is removal of advertising signs, awnings, excluded by another endorsement to this policy. canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist 3. The insurance provided by this provision away openings, sidewalk vaults, eleva- shall be excess over any valid and col- tors, street banners or decorations for lectible other insurance, whether pri- which that state or political subdivision mary, excess, contingent or on any other has issued such permit. basis. 6. Any state or political subdivision that has SECTION III—LIMITS OF INSURANCE issued a permit, but only with respect to "bodily injury", "property damage", "per- I. General Aggregate Limit— Per Project Or sonal and advertising injury" arising out Per Location of operations performed by you or on Paragraph 3. is deleted and replaced by the your behalf for which that state or political following: subdivision has issued such permit.How- ever, no such state or political subdivi- 3. The Products-Completed Operations Ag- sion is an insured for: gregate Limit is the most we will pay un- der Coverage A for damages because of a. "Bodily injury', "property damage" "bodily injury' and "property damage"in- "personal and advertising injury'aris- cluded in the "products-completed oper- ing out of operations performed for ations hazard" and applies separately to that state or political subdivision; or each of your"projects" away from prem- b. "Bodily injury" or "property damage" ises owned by or occupied by you or to included within the "products-com- each of your"locations owned by or oc- pleted operations hazard". cupied by you. H. Unnamed Partnership Or Joint Venture "Projects" mean an area away from premises owned by or rented to you at 1. The last paragraph of Section II —Who which you are performing operations pur- ls An Insured is deleted and replaced by suant to a contract or agreement. For the the following: purposes of determining the applicable No person or organization is an insured aggregate limit of insurance, each "pro- with respect to the conduct of any current ject" at the same "location" shall be con- or past partnership, joint venture or lim- sidered a single"project". ited liability company that is not shown as CBGL 03 16 05 14 Includes copyrighted material of Page 4 of 6 Insurance Services Office, Inc., with its permission. For the purposes of this provision, "loca- Knowledge by any other "employee" of tion" means an "occurrence" or offense does not im- a. Premises involving the same con- ply that you also have such knowledge. necting lots, Notice of an"occurrence"or of an offense b. Premises where connection is inter- which may result in a claim will be rupted only by a street, roadway,wa- deemed to be given as soon as practica- terway or right-of-way of a railroad; ble to us if it is given in good faith as soon or as practicable to your workers' compen- sation, accident, or health insurer. This c. Premises where operations are per- applies only if you subsequently give no- formed in sections, stages or phases tice of the "occurrence" or offense to us as a continuation of the same con- as soon as practicable after you, one of tract or agreement, even if the prem- your"executive officers"(if you are a cor- ises do not involve connecting lots. poration), one of your partners who is an J. Damage To Premises Rented To You Limit individual (if you are a partnership), one of your managers(if you are a limited lia- Paragraph 6. is deleted and replaced by the. bility company), one of your trustees who following: is an individual (if you are a trust), or an 6. Subject to paragraph 5. above, which- "employee" (such as an insurance, loss ever applies, the Damage To Premises control or risk manager or administrator) Rented To You Limit is the most we will designated by you to give such notice pay under Coverage A for damages be- discovers that the "occurrence" or of- cause of "property damage" to any one fense may involve this policy. premises, while rented to you, or in the To the extent possible, notice should in- case of fire, explosion, lightning, smoke clude: resulting from such fire, or water while (1) How, when and where the "occur- rented to you or temporarily occupied by rence"or offense took place; you with permission of the owner. SECTION IV — COMMERCIAL GENERAL LIA- (2) The names and addresses of any in- BILITY CONDITIONS jured persons and witnesses; and K. Knowledge And Notice Of Occurrence Or (3) The nature and location of any injury Offense or damage arising out of the `occur- rence"or offense. Paragraph 2.a. Duties In The Event of Oc- L. Unintentional Omission currence,Offense, Claim Or Suit is deleted and replaced by the following: The following is added to paragraph 6. Rep- a. Notice of an"occurrence"or of an offense resentations: which may result in a claim must be given However, the unintentional omission of, as soon as practicable after knowledge of or unintentional error in, any information the"occurrence" or offense has been re- provided by you which we relied upon in ported to you, one of your "executive of- issuing this policy shall not prejudice your ficers" (if you are a corporation), one of rights under this insurance. This provi- your partners who is an individual (if you sion does not affect our right to collect are a partnership), one of your managers additional premium or to exercise our (if you are a limited liability company), right of cancellation or nonrenewal in sc- one of your trustees who is an individual cordance with applicable insurance laws (if you are a trust), or an "employee" or regulations. (such as an insurance, loss control or risk M. Waiver Of Transfer Of Rights Of Recovery manager or administrator) designated by Against Others To Us you to give such notice. The following is added to paragraph 8. Transfer of Rights of Recovery Against Others to Us: CBGL 03 16 05 14 Includes copyrighted material of Page 5 of 6 Insurance Services Office, Inc., with its permission. However, we waive any rights of recov- O. Amended Insured Contract Definition ery we may have against any person or organization because of payments we 1. Paragraph 9.a. is deleted and replaced make for "bodily injury', "property dam- by the following: age", "personal injury and advertising in- a. A contract for a lease of premises. jury" arising out of: However, that portion of the contract a. Premises owned by you, temporarily for a lease of premises that indemni- occupied by you with permission of fies any person or organization for the owner,or leased or rented to you; damage by water, fire, explosion, lightning,or smoke resulting from fire to premises while rented to you or b. Ongoing and completed operations temporarily occupied by you with performed by you, or on your behalf, permission of the owner is not an"in- under a contract or agreement with sured contract"; that person or organization; 2. Paragraph 9.c, is deleted and replaced C. Your"work"; or by the following: d. "Your products". c. Any easement or license agreement We waive these rights only where you 3. Subsection 9.f.(1) is deleted, have agreed to do so as part of a contract or agreement entered into by you before 4. The following is added to the end of par- the "bodily injury" or "property damage" agraph 9.: occurs or the "personal and advertising The insurance provided by the above injury"offense is committed. definitions of"Insured Contract"shall SECTION V -DEFINITIONS be excess over any valid and collect- ible Railroad Protective Liability in- N. Amended Bodily Injury Definition surance available to an insured , Paragraph 3. is deleted and replaced by the whether primary, excess, contingent following: or on any other basis, except for the insurance purchased specifically by 3. "Bodily injury" means injury to the body, you to apply in excess of the Limits sickness, disease, or death. "Bodily in- of Insurance shown in the declara- jury" also means mental injury, mental tions for this Coverage Part, anguish, emotional distress, pain and suffering, or shock resulting from injury to the body, sickness, disease or death of any person. CBGL 03 16 05 14 Includes copyrighted material of Page 6 of 6 Insurance Services Office, Inc., with its permission. Policy A31ADM246 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WHERE REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (Optional) Name of Additional Insured Persons or OrgairiMons Locations of Covered Operations (as required by'Wrttten contract"per Paragraph A.below) (Per' en°0 r provided the location is within the _ coverage temtory!'of this Coverage Part1 ___ i A. WHO IS AN INSURED (Section II) is amended operations hazard". to include as an insured: 2. The Limits of Insurance applicable to the 1. Any person(s) or organization(s) whom you additional insured are the lesser of the are required pursuant to a "written con- available limits in this policy, or those limits tract" to add as an additional insured on you agreed to provide in the "written con- this policy; and tract". 2. The particular person or organization, if 3. With respect to the coverage provided un- any, scheduled above. der this endorsement, the following duties B. When required in the "written contract", the cov- are added to Section IV — Commercial erage provided to the additional insured under General Liability Conditions, paragraph 2. this policy shall be primary and non-contributory Duties In The Event of Occurrence, Of- to the additional insured subject to the limitations fense, Claim or Suit: set forth below. e. An additional insured under this endorse- C. The insurance provided to the additional insured ment will as soon as practicable: is limited as follows: (1) Give written notice of an "occur- 1. The person or organization is an additional rence" to us which may result in a insured only with respect to liability for"bod- claim or"suit"under this insurance; ily injury" or "property damage" caused, in (2) Agree to trigger or activate any other whole or in part, by: insurance which the additional in- a. Your acts or omissions; or sured has for a loss we cover under this Coverage Part by tendering the b. The acts or omissions of those acting defense to the insurers of all such on your behalf; other insurance. In the performance of your ongoing op- 4. If required by the "written contract", we erations as specified in the "written con- waive the right of recovery we may have tract". against the additional insured to which this When required in the "written contract", endorsement applies for payments we the coverage provided to the additional make for "bodily injury" or "property dam- insured by this endorsement will apply age" arising out of "your worts" on the "writ- to "bodily injury" or "property damage" ten contract arising out of the"products-completed Insurance Company Name RGL 350 08 17 Includes copyrighted material of Page 1 of 2 Insurance Services Office, Inc.,with its permission. Policy Number: A31ADM246 S. Unless otherwise agreed in the `written con- this Coverage Part, provided the contract or tract", this insurance is excess over any agreement is: other insurance whether primary, excess, contingent or on any other basis that is 1. Valid and legally enforceable; available to the additional insured. 2. Currently in effect or becoming effective D. SECTION V — DEFINITIONS is amended to in- during the term of this policy; and clude the following definition: 3. Executed prior to an 'occurrence" result- "Written contract' means a written contract or ing in "bodily injury" or "property dam- written agreement that requires you to make a age" for which the additional insured person or organization an additional insured on seeks coverage under this Coverage Part, ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Insurance Company Name RGL 350 08 17 Includes copyrighted material of Page 2 of 2 Insurance Services Office, Inc.,with its permission. City of Kent Business License SUNRISE GLASS,INC 707 CENTRAL AVE S KENT,WA 98032 Please tear at perforation BUSINESS LICENSE Per RCW 82.14 local sales and use must be coded LICENSE MUST BE PAID ANNUALLY BY No.1715a for ll qualified JANUARY 1st TO AVOID PENALTY sales within the city of Issuance of License Does Not Imply Licensee's Kent. Compliance with State and Local Laws THIS LICENSE MUST BE POSTED IN A CONSPICUOUS 2019 PLACE.NOT TRANSFERABLE OR ASSIGNABLE NAME AND ADDRESS OF BUSINESS BLC-2010143 rl — SUNRISE GLASS,INC. MAYOR 707 CENTRAL AVE S Tax Registration The City of Kent KENT,WA 98032 Endorsement At 2204TH AVE SO KENT.WASHINGTON 98032