Loading...
HomeMy WebLinkAboutCAG2019-372 - Original - Clean Streets, Inc. dba Goodbye Graffiti - Arbor Heights 360 Skate Park Graffiti Removal - 07/26/2019 Agreement Routing Form KENT For Approvals,Signatures and Records Management WASH IN T.N This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator. Jan Applegate Department: Parks a Date Sent: 07/23/2019 Date Required. as soon as possible o Authorized Director or Designee Date of a. to Sign: Council 41A aMayor Approval: Budget 10006600.64190.5133 Grant? Yes ❑✓ No Account Number: Type: N/A Vendor Name: Clean Streets, Inc. dba Goodbye Cateor e Graffiti S 9 Y Contract Vendor _ 176337 Sub-Category o Number: R Project E Name: Graffiti Removal at Arbor Heights 360 Skate Park 0 Project C Details: 24-month agreement - graffiti removal per vendor's Ever Clean program dd Agreement Basis for g Amount: $14,501.52 Selection of Other ar L Contractor: a Start Date: 08/01/2019 Termination Date: 07/31/2021 Notice required prior to 1:1Yes No Contract Number: disclosure? �-,7_0 1 1 _ ;�1 7— Date Received by City Attorney: Comments: v+ __ 3 0 oc N 41 L 3 i.r 10 p� Date Routed to the Mayor's Office: in d Date Routed to the City Clerk's Office: ar Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 KENT GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE between the City of Kent and Clean Streets, Inc. dba Goodbye Graffiti Seattle THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Clean Streets, Inc. dba Goodbye Graffiti Seattle organized under the laws of the State of Washington, located and doing business at 982 Industry Drive, Tukwila WA 98188-3412, Tel: (206) 720-4777, Contact: Robert Haggard (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. City: Vendor shall provide the following goods and materials and/or perform the following services for the Graffiti removal through the vendor's Ever-Clean Program at Arbor Heights 360 Skate Park located at 11525 SE 240th Street, Kent WA 98030 as described in Exhibit A attached. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by July 31, 2021. (24-month rolling contract starting August 1, 2019). III. COMPENSATION. The City shall pay the Vendor an amount not to exceed FOURTEEN THOUSAND FIVE HUNDRED ONE DOLLARS AND FIFTY TWO CENTS ($14,501.52), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: The vendor shall submit an invoice to the City of Kent at AccountsPayable@KentWa.gov for the amount not to exceed $604.23 per month (including sales tax) as stated in attached Exhibit A. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 1 ($20,000 or Less, including WSST) If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. PREVAILING WAGES. Vendor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Vendor shall pay prevailing wages in effect on the date the bid is accepted or executed by Vendor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. V. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. VI. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 2 ($20,000 or Less, including WSST) VII. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor 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 Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 3 ($20,000 or Less, including WSST) 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. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts 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 Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 4 ($20,000 or Less, including WSST) TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. 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 Vendor. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 5 ($20,000 or Less, including WSST) G. Entire Acre ment. 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. Comgliiance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor 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 Vendor 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 Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K, Counterparts and !jignature5 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. [By: ENDOR: CITY OF KENT: By: (signaturF) (signature) rint Name: CLt4,Y i C A 112ytV AGE Print ame: Julie Parascondola, CPRE Its:_ 1 t' ,i t,47 Its: Director of Parks, Recreation & (title) Community Services DATE: y DATE:, NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Robert Haggard Garin Lee, Park Operations Superintendent Clean Streets, Inc. dba Goodbye Graffiti Seattle 982 Industry Drive City of Kent Tukwila, WA 98188-3412 220 Fourth Avenue South Kent, WA 98032 253 856-5131 (telephone) GOODS &SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 6 ($20,000 or Less, including WSST) (206) 720-4777 (telephone) (253) 856-6120 (facsimile) (206) 328-1675 (facsimile) ATTEST• Kent City Clerk GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 7 ($20,000 or Less, including WSST) 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 si i elow, I agree to fulfill the five requirements referenced above. By; 1; - For: �U Title: �VCda1�7��,L Date: J�1i EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and 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 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of 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 of 3 7/16/2019 about blank 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: 7/16/2019 County Trade Job Classification Wage Holiday Overtime Note *Risk Class King Laborers Air, Gas Or Electric Vibrating Screed $48.90 7A 31 View King Laborers Airtrac Drill Operator $50.42 7A 31 View King Laborers Ballast Regular Machine $48.90 7A 31 View King Laborers Batch Weighman $41.45 7A 31 View King Laborers Brick Pavers $48.90 7A 31 View King Laborers Brush Cutter $48.90 7A 31 View King Laborers Brush Hog Feeder $48.90 7A 31 View King Laborers Burner $48.90 7A 31 View King Laborers Caisson Worker $50.42 7A 31 View King Laborers Carpenter Tender $48.90 7A 31 View King Laborers Caulker $48.90 7A 31 View King Laborers Cement Dumper-paving $49.81 7A 31 View King Laborers Cement Finisher Tender $48.90 7A 31 View King Laborers Change House Or Dry Shack $48.90 7A 31 View King Laborers Chipping Gun (under 30 Lbs.) $48.90 7A 31 View King Laborers Chipping Gun(30 Lbs. And Over) $49.81 7A 31 View King Laborers Choker Setter $48.90 7A 31 View King Laborers Chuck Tender $48.90 7A 31 View King Laborers Clary Power Spreader $49.81 7A 31 View King Laborers Clean-up Laborer $48.90 7A 31 View King Laborers Concrete Dumper/chute Operator $49.81 7A 31 View King Laborers Concrete Form Stripper $48.90 7A 31 View King Laborers Concrete Placement Crew $49.81 7A 31 View King Laborers Concrete Saw Operator/core Driller $49.81 7A 31 View King Laborers Crusher Feeder $41.45 7A 31 View King Laborers Curing Laborer $48.90 7A 31 View King Laborers Demolition: Wrecking Et Moving (incl. $48.90 7A 31 View Charred Material) King Laborers Ditch Digger $48.90 7A 31 View King Laborers Diver $50.42 7A 31 View King Laborers Drill Operator(hydrau tic,diamond) $49.81 7A 31 View King Laborers Dry Stack Walls $48.90 7A 31 View King Laborers Dump Person $48.90 7A 31 View King Laborers Epoxy Technician $48.90 7A 31 View King Laborers Erosion Control Worker $48.90 7A 31 View King Laborers Faller D Bucker Chain Saw $49.81 7A 31 View King Laborers Fine Graders $48.90 7A 31 View about blank 1/3 7/16/2019 about:blank King Laborers Firewatch $41.45 7A 31 View King Laborers Form Setter $48.90 7A 31 View King Laborers Gabian Basket Builders $48.90 7A 31 View King Laborers General Laborer $48.90 7A 31 View King Laborers Grade Checker Et Transit Person $50.42 7A 31 View King Laborers Grinders $48.90 7A 31 View King Laborers Grout Machine Tender $48.90 7A 31 View King Laborers Groutmen (pressure)including Post $49.81 7A 31 View Tension Beams King Laborers Guardrail Erector $48.90 7A 31 View King Laborers Hazardous Waste Worker (level A) $50.42 7A 31 View King Laborers Hazardous Waste Worker (level B) $49.81 7A 31 View King Laborers Hazardous Waste Worker (level C) $48.90 7A 31 View King Laborers High Scaler $50.42 7A 31 View King Laborers Jackhammer $49.81 7A 31 View King Laborers Laserbeam Operator $49.81 7A 31 View King Laborers Maintenance Person $48.90 7A 31 View King Laborers Manhole Builder-mudman $49.81 7A 31 View King Laborers Material Yard Person $48.90 7A 31 View King Laborers Motorman-dinky Locomotive $49.81 7A 31 View King Laborers Nozzleman (concrete Pump, Green $49.81 7A 31 View Cutter When Using Combination Of High Pressure Air 8 Water On Concrete Et Rock, Sandblast, Gunite, Shotcrete, Water Bta King Laborers Pavement Breaker $49.81 7A 31 View King Laborers Pilot Car $41.45 7A 31 View King Laborers Pipe Layer Lead $50.42 7A 31 View King Laborers Pipe Layer/tailor $49.81 7A 31 View King Laborers Pipe Pot Tender $49.81 7A 31 View King Laborers Pipe Reliner $49.81 7A 31 View King Laborers Pipe Wrapper $49.81 7A 31 View King Laborers Pot Tender $48.90 7A 31 View King Laborers Powderman $50.42 7A 31 View King Laborers Powderman's Helper $48.90 7A 31 View King Laborers Power Jacks $49.81 7A 31 View King Laborers Railroad Spike Puller - Power $49.81 7A 31 View King Laborers Raker - Asphalt $50.42 7A 31 View King Laborers Re-timberman $50.42 7A 31 View King Laborers Remote Equipment Operator $49.81 7A 31 View King Laborers Rigger/signal Person $49.81 7A 31 View King Laborers Rip Rap Person $48.90 7A 31 View King Laborers Rivet Buster $49.81 7A 31 View King Laborers Rodder $49.81 7A 31 View King Laborers Scaffold Erector $48.90 7A 31 View King Laborers Scale Person $48.90 7A 31 View King Laborers Sloper(over 20") $49.81 7A 31 View King Laborers Sloper Sprayer $48.90 7A 31 View King Laborers Spreader (concrete) $49.81 7A 31 View King Laborers Stake Hopper $48.90 7A 31 View King Laborers Stock Piler $48.90 7A 31 View King Laborers Tamper Et Similar Electric, Air Et Gas $49.81 7A 31 View Operated Tools King Laborers Tamper (multiple Et Self-propelled) $49.81 7A 31 View about blank 2/3 7/16/2019 about:blank King Laborers Timber Person - Sewer (lagger, $49.81 7A 31 View Shorer Et Cribber) King Laborers Toolroom Person (at Jobsite) $48.90 7A 31 View King Laborers Topper $48.90 7A 31 View King Laborers Track Laborer $48.90 7A 31 View King Laborers Track Liner (power) $49.81 7A 31 View King Laborers Traffic Control Laborer $44.33 7A 31 8R View King Laborers Traffic Control Supervisor $44.33 7A 31 8R View King Laborers Truck Spotter $48.90 7A 31 View King Laborers Tugger Operator $49.81 7A 31 View King Laborers Tunnel Work-Compressed Air Worker $107.60 7A 31 8Q View 0-30 psi King Laborers Tunnel Work-Compressed Air Worker $112.63 7A 31 8Q View 30.01-44.00 psi King Laborers Tunnel Work-Compressed Air Worker $116.31 7A 31 8Q View 44.01-54.00 psi King Laborers Tunnel Work-Compressed Air Worker $122.01 7A 31 8Q View 54.01-60.00 psi King Laborers Tunnel Work-Compressed Air Worker $124.13 7A 31 8Q View 60.01-64.00 psi King Laborers Tunnel Work-Compressed Air Worker $129.23 7A 31 8Q View 64.01-68.00 psi King Laborers Tunnel Work-Compressed Air Worker $131.13 7A 31 8Q View 68.01-70.00 psi King Laborers Tunnel Work-Compressed Air Worker $133.13 7A 31 8Q View 70.01-72.00 psi King Laborers Tunnel Work-Compressed Air Worker $135.13 7A 31 8Q View 72.01-74.00 psi King Laborers Tunnel Work-Guage and Lock Tender $50.52 7A 31 8Q View King Laborers Tunnel Work-Miner $50.52 7A 31 8Q View King Laborers Vibrator $49.81 7A 31 View King Laborers Vinyl Seamer $48.90 7A 31 View King Laborers Watchman $37.67 7A 31 View King Laborers Welder $49.81 7A 31 View King Laborers Well Point Laborer $49.81 7A 31 View King Laborers Window Washer/cleaner $37.67 7A 31 View about blank 3/3 7/16/2019 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: 7/16/2019 County Trade Job Classification Wage Holiday Overtime Note "Risk Class King Painters Journey Level $42.50 6Z 2B View abouttlank 1/1 EXHIBIT A Goodbye Graffiti TM July 10, 2019 To: City of Kent Site Address: Arbor Heights 360 Skate Park, Kent, WA Re: Ever Clean Program 24-month Contract Renewal Attn: Jan Applegate Re: Ever Clean Program Details. This contract is for the Ever-Clean Program at: Arbor Heights 360 Skate Park, Kent, WA This program includes- I) From the date of acceptance of Ever Clean Program (EC) all subsequent graffiti removals will be covered under this program at a flat monthly charge of$538.80/month, $5.00/month for Administrative fee and $5.50/month for Environmental Fee (see below) plus WA State sales tax (see exclusions). 2) Exclusions: a) any scratched or acid etched glass repair b) Any graffiti above 10' from the ground. 3) EC Program includes: a) 4 patrols per month b) All graffiti removed/restored, weather permitting (see #2) c) Digital pictures of all graffiti included in a month end service summary e) Unlimited on-call f) 36 hr. response time by calling (206) 720-4777 or by email at seattleCagoodbyegraffitiusa.com g) GIS and satellite radio dispatch h) Quarterly billing 4) The areas included in the program are: All areas of the park 5) Emergency call out (8 hr. or less response) will be charged at a minimum of$209.00. 6) This is a 24-month rolling contract. After 24 months, the contract will be month to month. 7) GGS requires a 30-day written notice to cancel this service. Ever Clean Monthly Rate is as follows: Monthly Rate $538.80 Monthly Administration Fee $ 5.00 Monthly Environmental Fee $ 5.50 Washington State Tax is applicable for all fees invoiced Signed: Date: I � Signed �-•� Date: LTA-/ Goodbye Graffiti Seattle 982 Industry Drive Tukwila. WA 98188 Office (206) 720-4777 Fax (206) 328-1675 www.goodbyegraffitiusa.com We Get it ©#{& Keep it dit" EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Contractor's/Consultant's Pollution Liability_ insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 3. Contractor's/Consultant's Pollution Liability insurance shall be written in an amount of at least $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Coverage may be written on a claims-made basis. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. ACC> CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 111 1 07/11/2019 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 NAME: Cindy Chambers Nicholson &Associates Ins LLC HCO No ctt: (360)352-8444 FAX 1802 Black Lake Blvd SW#301 E-MAIL - _ (A/C No:(36o)9a3-9712 Olympia,WA 98512 ADDRESS: Cindy@nichinsure.com INSURER(S)AFFORDING COVERAGE NAIC• ---- _._ INSURER A: Western National Insurance INSURED INSURER B: Clean Streets, Inc. -- DBA Goodbye Graffiti INSURERC: 982-986 Industry Drive INSURERD: Tukwila,WA 98188 INSURERE: INSURER F COVERAGES CERTIFICATE NUMBER: 00000000-1324718 REVISION NUMBER: 80 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT 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 rypE OF INSURANCE 'ADDLSUBR POLICY EFF POLICY EXP LTR POLICY NUMBER M DDIYM)'(MM/DDfYYYYI LIMITS A X'_COMMERCIAL GENERAL LIABILITY Y CPP1099613 09/01/2018 09/01/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE TO _ CLAIMS-MADE OCCUR PREMISES EaENTED o=mence $ 100,000 X' Pollution$1 M�� MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1 00O 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $_ 2,000,000 POLICY a RCT J LOC PRODUCTS-COMP/OP AGG_ S 2,000,000 OTHER Pollution S 1,000,000 AUTOMOBILE LU161LITY COMBINED SINGLE LIMIT A CPP109961301 09/01/2018 09/01/2019 Eaacddiant $ 1 000 000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per acddenl $ A UMBRELLALIAB OCCUR UMB101640501 09/01/2018 09/0112019 EACH OCCURRENCE $ $2,000,000 X EXCESS LIAR X CLAIMS-MADE AGGREGATE $ $2,000,000 DED X RETENTION$ 1000 $ A WORKERS COMPENSATION CPP1099613 09/01/2018 09/01/2019 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER _ Stop Gap ANY PROPRIETOR/PARTNEWEXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I$ 1.000.000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is additional insured with respect to work and services provided by named insured per written contract. Coverage is primary and non-contributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Parks, Recreation &Community Services ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South Kent, WA 98032 AUTHORIZED REPRESENTATIVE (NCC) ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by NCC on July 11 2019 at 11 20AM COMMERCIAL GENERAL LIABILITY WN GL 49 07 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II —Who Is An Insured is amended to in- B. With respect to the insurance afforded to these ad- clude as an additional insured any person or or- ditional insureds, the following additional exclusion ganization for whom you are performing opera- applies: tions when you and such person or organization have agreed in writing in a contract or agreement This insurance does not apply to: that such person or organization be added as an 1. "Bodily injury", "property damage" or "personal additional insured on your policy. Such person or and advertising injury" arising out of the ren- organization is an additional insured only with re- dering of, or the failure to render, any profes- spect to liability for "bodily injury", "property dam- sional architectural, engineering or surveying age" or "personal and advertising injury" caused, services, including: in whole or in part, by: a. The preparing, approving, or failing to pre- 1. Your acts or omissions; or pare or approve, maps, shop drawings, 2. The acts or omissions of those acting on your opinions, reports, surveys, field orders, behalf; change orders or drawings and specifica- tions; or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities. A person's or organization's status as an additional This exclusion applies even if the claims insured under this endorsement ends when your operations for that additional insured are com- against an additional insured allege negligence pleted. or other wrongdoing in the supervision, hiring, employment, training or monitoring of others However: by that insured, if the "occurrence" which 1. The insurance afforded to such additional in- caused the "bodily injury' or "property dam- sured only applies to the extent permitted by age", or the offense which caused the "person- law; and al and advertising injury', involved the render- ing of or failure to render any professional 2. If coverage provided to the additional insured services by you with respect to your providing is required by a contract or agreement, the in- engineering, architectural or surveying serv- surance afforded to such additional insured ices in your capacity as an engineer, architect will not be broader than that which you are re- or surveyor. quired by the contract or agreement to provide for such additional insured. WIN GL 49 07 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 2. "Bodily injury" or "property damage" occurring D. The following is added to the Other Insurance after: Condition and supersedes any provision to the a. All work, including materials, parts or contrary: equipment furnished in connection with Primary And Noncontributory Insurance such work, on the project (other than serv- ice, maintenance or repairs) to be per- This insurance is primary to and will not seek formed by or on behalf of the additional in- any contribution from any other insurance sured(s) at the location of the covered op- available to an additional insured under your erations has been completed; or policy provided that: b. That portion of "your work" out of which (1) The additional insured is a Named Insured the injury or damage arises has been put under such other insurance; and to its intended use by any person or or- (2) You have agreed in writing in a contract or ganization other than another contractor or agreement that this insurance would be subcontractor engaged in performing oper- primary and would not seek contribution ations for a principal as a part of the same from any other insurance available to the project. additional insured. C. With respect to the insurance afforded to these ad- ditional insureds, the following is added to Section III—Limits Of Insurance: If coverage provided to the additional insured is re- quired by a contract or agreement, the most we will pay on behalf of the additional insured is: 1. The minimum amount required by the contract or agreement; or 2. The Limits of Insurance shown in the Declara- tions; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. WN GL 49 07 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 Policy Number CPP1099219 WIN CA 27 06 16 BUSINESS AUTO ENHANCEMENT ENDORSEMENT The Business Auto Enhancement Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Accidental Airbag Deployment Coverage 4 Auto Loan/Lease Gap Coverage 4 Blanket Additional Insured 2 Blanket Waiver of Subrogation 5 Broadened Definition of Insured includes: Newly Acquired Organizations for up to 180 Days 2 Employees as Insureds 2 Subsidiaries in Which You Own 50% or More 2 Deductible Waiver for Glass Repair 3 Employee Hired Auto 2, 5 Fellow Employee Coverage 3 Hired Auto Physical Damage Coverage 4 Knowledge of Accident, Claim, Suit or Loss 5 Loss Of Use Expenses -Amended 3 Personal Effects 3 Rental Reimbursement Coverage 4 Supplementary Payments -Amended: Bail Bonds up to $5,000 2 Loss of Earnings up to $500/Day 2 Transportation Expense Limits—Amended 3 Unintentional Failure to Disclose Hazards 5 WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 Of 5 WN CA 27 06 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Business Auto Coverage Form identified in this endorsement will be amended as shown below. SECTION II — COVERED AUTOS LIABILITY g. Any "employee" of yours is an "insured" while COVERAGE AMENDMENTS operating a covered "auto" hired or rented under a contract or agreement in the A. Who Is An Insured "employee's" name, with your permission, SECTION 11 — COVERED AUTOS LIABILITY while performing duties related to the conduct COVERAGE, A. Coverage, 1. Who Is An Insured of your business. is amended to add: B. Blanket Additional Insured d. Any legally incorporated subsidiary of yours in SECTION II — COVERED AUTOS LIABILITY which you own more than 50% of the voting COVERAGE, A. Coverage, 1. Who Is An stock on the effective date of this coverage Insured, paragraph c. is amended to add the form. following: However, "insured" does not include any Any person or organization who is required under a subsidiary of yours that is an "insured" under written contract or agreement between you and any other automobile liability policy, or would that person or organization, that is signed and be an "insured" under such policy but for executed by you before the "bodily injury" or termination of such policy or the exhaustion on "property damage" occurs and that is in effect such policy's limits of insurance. during the policy period, to be named as an e. Any organization which is newly acquired or additional insured is an "insured" for Liability formed by you and over which you maintain Coverage, but only for damages to which this majority ownership. However, coverage under insurance applies and only to the extent that this provision: persons or organization qualifies as an "insured" under the Who Is An Insured provision contained in (1) is afforded only for the first 180 days after Section II. you acquire or form the organization or until the end of the policy period, C. Liability Coverage Extensions — Supplementary whichever comes first; Payments (2) does not apply to "bodily injury" or SECTION II — COVERED AUTOS LIABILITY "property damage" that results from an COVERAGE, A. Coverage, 2. Coverage "accident"that occurred before you formed Extensions, a. Supplementary Payments is or acquired the organization; amended by replacing subparagraphs (2) and (4) with the following: (3) does not apply to any newly acquired or formed organization that is a joint venture (2) Up to $5,000 for cost of bail bonds (including or partnership; and bonds for related traffic law violations) required because of an "accident"we cover. We do not (4) does not apply to an "insured" under any have to furnish these bonds. other automobile liability policy, or would be an "insured" under such a policy but for (4) All reasonable expenses incurred by the termination of such policy or the "insured" at our request, including actual loss exhaustion of such policy's limits of of earnings up to $500 a day because of time insurance. off from work. f. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 5 D. Fellow Employee Coverage D. Glass Repair—Deductible Waiver SECTION II — COVERED AUTOS LIABILITY SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions, S. Fellow COVERAGE, A. Coverage, 3. Glass Breakage — Employee, the following is added: Hitting A Bird Or Animal — Falling Objects Or Co-Employee Lawsuit Defense Cost Missiles, is amended by adding the following: Reimbursement No deductible will apply to glass breakage if such glass is repaired, in a manner acceptable to us, If a suit seeking damages for "bodily injury" to any rather than replaced. fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" E. Hired Auto Physical Damage employment or while performing duties related to SECTION III — PHYSICAL DAMAGE the conduct of your business, or a suit seeking COVERAGE, A. Coverage is amended by adding damages brought by the spouse, child, parent, the following: brother or sister of that fellow "employee", is brought against you, we will reimburse reasonable S. Hired Auto Physical Damage costs that you incur in the defense of such matters. Any reimbursement made pursuant to If hired "autos" are covered "autos"for Liability this sub-section will be in addition to the limits of Coverage and if Comprehensive, Specified liability set forth in the Declarations. Causes of Loss, or Collision coverages are provided under this coverage form for any SECTION III — PHYSICAL DAMAGE COVERAGE "auto" you own, then the Physical Damage AMENDMENTS Coverages provided are extended to "autos" you hire of like kind and use, subject to the A. Transportation Expense— Limits Amended following: SECTION III — PHYSICAL DAMAGE a. The most we will pay for any one "loss" is COVERAGE, A. Coverage, 4. Coverage $50,000 or the actual cash value or cost to Extensions, a. Transportation Expenses is repair or replace, whichever is less, minus amended by replacing $20 per day/$600 maximum a deductible; limit with $50 per day/$1000 maximum. b. The deductible will be equal to the largest deductible applicable to any owned "auto" B. Hired Auto Physical Damage — Loss Of Use for that coverage. Any Comprehensive Expenses—Limits Amended deductible does not apply to "loss" caused SECTION III — PHYSICAL DAMAGE by fire or lightening; COVERAGE, A. Coverage, 4. Coverage c. Hired Auto Physical Damage coverage is Extensions, b. Loss of Use Expenses is excess over any other collectible amended by replacing the $20 per day/$600 insurance; and maximum limit with $50 per day/$750 maximum limit. d. Subject to the above limit, deductible and excess provisions we will provide C. Personal Effects Coverage coverage equal to the broadest coverage SECTION III — PHYSICAL DAMAGE applicable to any covered"auto"you own. COVERAGE, A. Coverage, 4. Coverage If a limit for Hired Auto Physical Damage is Extensions is amended by adding the following: indicated in the Declarations, then that limit replaces, and is not added to, the $50,000 limit c. Personal Effects indicated above. We will pay up to $500 for "loss" to personal effects, which are: (1) Owned by an "insured"; and (2) In or on your covered "auto." This coverage applies only in the event of the total theft of your covered "auto." No deductible applies to this coverage WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 5 F. Rental Reimbursement G. Accidental Airbag Deployment Coverage SECTION III — PHYSICAL DAMAGE COVERAGE SECTION III — PHYSICAL DAMAGE A. Coverage, is amended by adding the following: COVERAGE, A. Coverage is amended by adding 6. Rental Reimbursement the following: This coverage applies only to a covered "auto" 7. Accidental Airbag Deployment Coverage of the private passenger or light truck type as We will pay to reset or replace factory installed follows: airbag(s) in any covered "auto" for accidental discharge, other than discharge due to a a. We will pay for rental reimbursement collision loss. expenses incurred by you for the rental of a private passenger or light truck type This coverage is applicable only if "auto" because of "loss" to a covered comprehensive coverage applies to the private passenger or light truck type covered "auto". "auto". Payment applies in addition to the otherwise applicable amount of each This coverage is excess over any other coverage you have on a covered private collectible insurance or reimbursement by passenger or light truck type "auto." No manufacturer's warranty. deductibles apply to this coverage. H. Auto Loan/Lease Gap Coverage b. We will pay only for those expenses incurred during the policy period beginning SECTION III PHYSICAL DAMAGE COVERAGE, 24 hours after the "loss" and ending, Item A., Coverage, is amended by adding the regardless of the policy's expiration, with following: the lesser of the following number of days: g, Auto Loan/Lease Gap Coverage (1) The number of days reasonably This coverage applies only to a covered "auto" required to repair or replace the described or designated in the Schedule or in covered private passenger or light the Declarations as including physical damage truck type "auto". If "loss" is caused coverage. by theft, this number of days is added to the number of days it takes to In the event of a covered total "loss" to a locate the covered private passenger covered "auto" described or designated in the or light truck type "auto" and return it Schedule or in the Declarations, we will pay to you; or any unpaid amount due on the lease or loan (2) 30 days. for a covered"auto" less: c. Our payment is limited to the lesser of the a. The amount paid under the Physical following amounts: Damage Coverage Section on the policy; and (1) Necessary and actual expenses incurred, or b. Any: (2) $50 per day, up to a maximum of (1) Overdue lease/loan payments at the $1,000. time of the "loss'; d. This coverage does not apply while there (2) Financial penalties imposed under a are spare or reserve private passenger or lease for excessive use, abnormal light truck type "autos" available to you for wear and tear or high mileage; your operations. (3) Security deposits not returned by the e. If "loss" results from the total theft of a lessor; covered "auto" of the private passenger or (4) Costs for extended warranties, Credit light truck type, we will pay under this Life Insurance, Health, Accident or coverage only that amount of your rental reimbursement expenses which is not Disability Insurance purchased with already provided for under SECTION III — the loan or lease; and PHYSICAL DAMAGE COVERAGE, A. (5) Carry-over balances from previous Coverage, 4. Coverage Extensions. loans or leases. For the purposes of this Rental Reimbursement coverage, light truck is defined as a truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as the maximum loaded weight the auto is designed to carry. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 5 SECTION IV — BUSINESS AUTO CONDITIONS C. Unintentional Failure to Disclose Hazards AMENDMENTS SECTION IV — BUSINESS AUTO CONDITIONS, A. Duties In The Event Of Accident, Claim, Suit Or B. General Conditions, 2. Concealment, Loss Amended Misrepresentation Or Fraud, is amended by SECTION IV — BUSINESS AUTO CONDITIONS, adding the following paragraph: A. Loss Conditions, 2. Duties In The Event Of If you unintentionally fail to disclose any hazards Accident, Claim, Suit Or Loss, a. is amended by existing at the inception date of the policy, or adding the following: during the policy period in connection with any This condition applies only when the "accident" or additional hazards, we will not deny coverage "loss" is known to: under this Coverage Part because of such failure. (1) You, if you are an individual; D. Employee Hired Auto (2) A partner, if you are a partnership; SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, S. Other Insurance, (3) An executive officer or insurance manager, if paragraph b. is deleted and replace by the you are a corporation; or following: (4) A member or manager, if you are a limited b. For Hired Auto Physical Damage Coverage, liability company. the following are deemed to be a covered But, this section does not amend the provisions "autos"you own: relating to notification of police, protection or (1) Any covered "auto" you lease, hire, rent or examination of the property which was subject to borrow. the"loss". (2) Any covered "auto" hired or rented by your B. Blanket Waiver of Subrogation "employee" under a contract in that individual "employee's" name, with your Section IV— BUSINESS AUTO CONDITIONS, A. permission, while performing duties related Loss Conditions, 5. Transfer of Rights of to the conduct of your business. Recovery Against Others to Us, is amended by adding the following exception: However, any "auto" that is leased, hired, rented or borrowed with a driver is not a However, we waive any right of recovery we may covered "auto". have against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 5 City of Kent Business License GOODBYE GRAFFITI SEATTLE 982 INDUSTRY DR TUKWILA, WA 98188 Please tear at perforation Per RCW local sales BUSINESS LICENSE and use laick must be coded LICENSE MUST BE PAID ANNUALLY BY No. 1715 for all qualified JANUARY 1 st 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 O PLACE.NOT'TRANSFERABLE OR ASSIGNABLE 19 NAME AND ADDRESS OF BUSINESS BLOC-2170788 GOODBYE GRAFFITI SEATTLE MAYOR 982 INDUSTRY DR The City of Kent Tax Registration y TUKWILA,WA 9818$ Endorsement At 220 4TH AVE SO KENT,WASHINGTGN 98032