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HomeMy WebLinkAboutCAG2021-338 - Original - Goodbye Graffiti Seattle - Arbor Heights 360 Skate Park Graffiti Removal - 07/29/2021ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingComments: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Sup/Mgr: rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY * Memo to Mayor must be attached Dir. Assist: 4 07/20/2021 Original176337 Parks, Recreation & Community ServicesJan Applegate 07/31/2023 4 07/26/2021 08/01/2021 n/a 4 Other 10006600.64190.5133 Contract $15,783.12 N/A 4 4 4 GL GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 1 ($20,000 or Less, including WSST) 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, Phone: (206) 720-4777, Contact: Robert Haggard (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. The Vendor shall provide the following goods and materials and/or perform the following services for the City: Graffiti removal through the vendor's Ever-Clean Program Membership at Arbor Heights 360 Skate Park, located at 11525 SE 240th Street, Kent WA 98030 as described in Exhibit A attached. The 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, the Vendor shall complete the work and provide all goods, materials, and services by July 31, 2023 . III. COMPENSATION. The City shall pay the Vendor an amount not to exceed FIFTEEN THOUSAND SEVEN HUNDRED EIGHTY THREE DOLLARS AND TWELVE CENTS ($15,783.12), 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 $657.63 per month (including sales tax) as stated on the att ached Exhibit A. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 2 ($20,000 or Less, including WSST) Card Payment Program. The Vendor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. If the City objects to all or any portion of an invoice, it shall notify the 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 the Vendor for any defective or unauthorized goods, materials or services. If the 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 the 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 Ag reement 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. The 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. The Vendor shall pay prevailing wages in effect on the date the bid is accepted or executed by the 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 the 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 the Vendor’s services, or the Vendor is engaged in an inde pendently 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 the Vendor’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 3 ($20,000 or Less, including WSST) 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 i ts address set forth on the signature block of this Agreement. 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, the Vendor must submit a written change order request to the person listed in the notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date the 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 w ithin 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 IX, 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 the 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. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public ene my, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID -19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, th e party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Vendor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 4 ($20,000 or Less, including WSST) this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. IX. 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, instr uction, 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 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 C ity 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). X. 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. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 5 ($20,000 or Less, including WSST) XI. WARRANTY. The 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 subjec t to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The 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 the Vendor’s representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have known of the defect, or (2) upon the 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. XII. 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. The 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. XIII. INDEMNIFICATION. The 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 Agreem ent, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the 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, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the 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 the 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 an d 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. XIV. 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. XV. WORK PERFORMED AT VENDOR'S RISK. The 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 the GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 6 ($20,000 or Less, including WSST) Vendor's own risk, and the 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. XVI. 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 exclu sively 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 XI II 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 the Vendor. 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 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 the 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. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 7 ($20,000 or Less, including WSST) J. City Business License Required . Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together con stitute 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. VENDOR: By: Print Name: Its: DATE: CITY OF KENT: By: Print Name: Brian Levenhagen, Its: Parks Deputy Director DATE: NOTICES TO BE SENT TO: VENDOR: Robert Haggard Clean Streets, Inc dba Goodbye Graffiti Seattle 982 Industry Drive Tukwila, WA 98188-3412 (206) 720-4777 (telephone) (206) 328-1675 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Garin Lee, Park Operations Superintendent City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5131 (telephone) (253) 856-6120 (facsimile) ATTEST: Kent City Clerk Laurie Spivack (Jul 21, 2021 10:14 PDT) Laurie Spivack President 07/21/2021 Laurie Spivack Brian Levenhagen (Jul 29, 2021 09:38 PDT) Jul 29, 2021 EEO COMPLIANCE DOCUMENTS - 1 of 3 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ Laurie Spivack (Jul 21, 2021 10:14 PDT) Laurie Spivack President Goodbye Graffiti Seattle 07/21/2021 EEO COMPLIANCE DOCUMENTS - 2 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 - 3 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: ________________________________________ 7/20/2021 about:blank about:blank 1/4 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: 7/20/2021 County Trade Job Classification Wage Holiday Overtime Note *Risk Class King Laborers Air, Gas Or Electric Vibrating Screed $52.39 7A 4V 8Y View King Laborers Airtrac Drill Operator $54.01 7A 4V 8Y View King Laborers Ballast Regular Machine $52.39 7A 4V 8Y View King Laborers Batch Weighman $44.40 7A 4V 8Y View King Laborers Brick Pavers $52.39 7A 4V 8Y View King Laborers Brush Cutter $52.39 7A 4V 8Y View King Laborers Brush Hog Feeder $52.39 7A 4V 8Y View King Laborers Burner $52.39 7A 4V 8Y View King Laborers Caisson Worker $54.01 7A 4V 8Y View King Laborers Carpenter Tender $52.39 7A 4V 8Y View King Laborers Cement Dumper-paving $53.35 7A 4V 8Y View King Laborers Cement Finisher Tender $52.39 7A 4V 8Y View King Laborers Change House Or Dry Shack $52.39 7A 4V 8Y View King Laborers Chipping Gun (30 Lbs. And Over) $53.35 7A 4V 8Y View King Laborers Chipping Gun (Under 30 Lbs.)$52.39 7A 4V 8Y View King Laborers Choker Setter $52.39 7A 4V 8Y View King Laborers Chuck Tender $52.39 7A 4V 8Y View King Laborers Clary Power Spreader $53.35 7A 4V 8Y View King Laborers Clean-up Laborer $52.39 7A 4V 8Y View King Laborers Concrete Dumper/Chute Operator $53.35 7A 4V 8Y View King Laborers Concrete Form Stripper $52.39 7A 4V 8Y View King Laborers Concrete Placement Crew $53.35 7A 4V 8Y View King Laborers Concrete Saw Operator/Core Driller $53.35 7A 4V 8Y View King Laborers Crusher Feeder $44.40 7A 4V 8Y View King Laborers Curing Laborer $52.39 7A 4V 8Y View King Laborers Demolition: Wrecking & Moving (Incl. Charred Material) $52.39 7A 4V 8Y View 7/20/2021 about:blank about:blank 2/4 King Laborers Ditch Digger $52.39 7A 4V 8Y View King Laborers Diver $54.01 7A 4V 8Y View King Laborers Drill Operator (Hydraulic, Diamond) $53.35 7A 4V 8Y View King Laborers Dry Stack Walls $52.39 7A 4V 8Y View King Laborers Dump Person $52.39 7A 4V 8Y View King Laborers Epoxy Technician $52.39 7A 4V 8Y View King Laborers Erosion Control Worker $52.39 7A 4V 8Y View King Laborers Faller & Bucker Chain Saw $53.35 7A 4V 8Y View King Laborers Fine Graders $52.39 7A 4V 8Y View King Laborers Firewatch $44.40 7A 4V 8Y View King Laborers Form Setter $52.39 7A 4V 8Y View King Laborers Gabian Basket Builders $52.39 7A 4V 8Y View King Laborers General Laborer $52.39 7A 4V 8Y View King Laborers Grade Checker & Transit Person $54.01 7A 4V 8Y View King Laborers Grinders $52.39 7A 4V 8Y View King Laborers Grout Machine Tender $52.39 7A 4V 8Y View King Laborers Groutmen (Pressure) Including Post Tension Beams $53.35 7A 4V 8Y View King Laborers Guardrail Erector $52.39 7A 4V 8Y View King Laborers Hazardous Waste Worker (Level A) $54.01 7A 4V 8Y View King Laborers Hazardous Waste Worker (Level B) $53.35 7A 4V 8Y View King Laborers Hazardous Waste Worker (Level C) $52.39 7A 4V 8Y View King Laborers High Scaler $54.01 7A 4V 8Y View King Laborers Jackhammer $53.35 7A 4V 8Y View King Laborers Laserbeam Operator $53.35 7A 4V 8Y View King Laborers Maintenance Person $52.39 7A 4V 8Y View King Laborers Manhole Builder-Mudman $53.35 7A 4V 8Y View King Laborers Material Yard Person $52.39 7A 4V 8Y View King Laborers Motorman-Dinky Locomotive $53.35 7A 4V 8Y View King Laborers Nozzleman (Concrete Pump, Green Cutter When Using Combination Of High Pressure Air & Water On Concrete & Rock, Sandblast, Gunite, Shotcrete, Water Blaster, Vacuum Blaster) $53.35 7A 4V 8Y View King Laborers Pavement Breaker $53.35 7A 4V 8Y View King Laborers Pilot Car $44.40 7A 4V 8Y View King Laborers Pipe Layer Lead $54.01 7A 4V 8Y View King Laborers Pipe Layer/Tailor $53.35 7A 4V 8Y View King Laborers Pipe Pot Tender $53.35 7A 4V 8Y View King Laborers Pipe Reliner $53.35 7A 4V 8Y View King Laborers Pipe Wrapper $53.35 7A 4V 8Y View King Laborers Pot Tender $52.39 7A 4V 8Y View King Laborers Powderman $54.01 7A 4V 8Y View 7/20/2021 about:blank about:blank 3/4 King Laborers Powderman's Helper $52.39 7A 4V 8Y View King Laborers Power Jacks $53.35 7A 4V 8Y View King Laborers Railroad Spike Puller - Power $53.35 7A 4V 8Y View King Laborers Raker - Asphalt $54.01 7A 4V 8Y View King Laborers Re-timberman $54.01 7A 4V 8Y View King Laborers Remote Equipment Operator $53.35 7A 4V 8Y View King Laborers Rigger/Signal Person $53.35 7A 4V 8Y View King Laborers Rip Rap Person $52.39 7A 4V 8Y View King Laborers Rivet Buster $53.35 7A 4V 8Y View King Laborers Rodder $53.35 7A 4V 8Y View King Laborers Scaffold Erector $52.39 7A 4V 8Y View King Laborers Scale Person $52.39 7A 4V 8Y View King Laborers Sloper (Over 20")$53.35 7A 4V 8Y View King Laborers Sloper Sprayer $52.39 7A 4V 8Y View King Laborers Spreader (Concrete)$53.35 7A 4V 8Y View King Laborers Stake Hopper $52.39 7A 4V 8Y View King Laborers Stock Piler $52.39 7A 4V 8Y View King Laborers Swinging Stage/Boatswain Chair $44.40 7A 4V 8Y View King Laborers Tamper & Similar Electric, Air & Gas Operated Tools $53.35 7A 4V 8Y View King Laborers Tamper (Multiple & Self- propelled) $53.35 7A 4V 8Y View King Laborers Timber Person - Sewer (Lagger, Shorer & Cribber) $53.35 7A 4V 8Y View King Laborers Toolroom Person (at Jobsite)$52.39 7A 4V 8Y View King Laborers Topper $52.39 7A 4V 8Y View King Laborers Track Laborer $52.39 7A 4V 8Y View King Laborers Track Liner (Power)$53.35 7A 4V 8Y View King Laborers Traffic Control Laborer $47.48 7A 4V 9C View King Laborers Traffic Control Supervisor $50.31 7A 4V 9C View King Laborers Truck Spotter $52.39 7A 4V 8Y View King Laborers Tugger Operator $53.35 7A 4V 8Y View King Laborers Tunnel Work-Compressed Air Worker 0-30 psi $129.67 7A 4V 9B View King Laborers Tunnel Work-Compressed Air Worker 30.01-44.00 psi $134.70 7A 4V 9B View King Laborers Tunnel Work-Compressed Air Worker 44.01-54.00 psi $138.38 7A 4V 9B View King Laborers Tunnel Work-Compressed Air Worker 54.01-60.00 psi $144.08 7A 4V 9B View King Laborers Tunnel Work-Compressed Air Worker 60.01-64.00 psi $146.20 7A 4V 9B View King Laborers Tunnel Work-Compressed Air Worker 64.01-68.00 psi $151.30 7A 4V 9B View King Laborers Tunnel Work-Compressed Air Worker 68.01-70.00 psi $153.20 7A 4V 9B View King Laborers Tunnel Work-Compressed Air Worker 70.01-72.00 psi $155.20 7A 4V 9B View 7/20/2021 about:blank about:blank 4/4 King Laborers Tunnel Work-Compressed Air Worker 72.01-74.00 psi $157.20 7A 4V 9B View King Laborers Tunnel Work-Guage and Lock Tender $54.11 7A 4V 8Y View King Laborers Tunnel Work-Miner $54.11 7A 4V 8Y View King Laborers Vibrator $53.35 7A 4V 8Y View King Laborers Vinyl Seamer $52.39 7A 4V 8Y View King Laborers Watchman $40.36 7A 4V 8Y View King Laborers Welder $53.35 7A 4V 8Y View King Laborers Well Point Laborer $53.35 7A 4V 8Y View King Laborers Window Washer/Cleaner $40.36 7A 4V 8Y View 7/2/2021 ClickOff™ Proposal Location: SE 240th/ 116th Ave. SE Kent, WA Client: City of Kent Attn: Jan Applegate Address Postell Code \)8032 Phone 1 (25J)856-5122 REGARDING Ever-Clean Program Quote ITEM: Ever-Clean Program Goodbye Graffiti Inc. -Clickoff ™ Proposal #78142754 Goodbye Graffiti TM WORLD'S LARGEST GRAFFITI REMOVAL COMPANY July 02, 2021 Net JO Days Proposal# 78142754 REP: RobeI1 Haggard Ever-Clean Program Quota Qty: 1.00 Item: Ever-Clean Program Membership Includes: - 4 patrols per month Rate: $591.80 Rate: 591.80 *Sub Total: 591.80 'Before Tax -all graffiti removal up to 10 feet from ground level -digital pictures of all graffiti -onllne service summary -spectrometer paint matching -unlimited on-call -36 hour response time -GIS and satellite radio dispatch -quarterly billing [,. ____ Decline ___, ] ( View website ) Please call me with more details YES, Include Ever-Clean in my package NO, not this lime Environmental Fee: Sub Total: Total: 5.50 597.30 $597.30 Accept Add PO# or WO# Franchise Opportunities Current Special (� __ P _rin_t_�) https://cllckoff.goodbyegraffitiusa .com/public/view_ estimate .php3?key=7892a891 cd6c&proposal=1 &email=japplegate@kentwa.gov EXHIBIT A EXHIBIT B INSURANCE REQUIREI.IENTS 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 fnsurance Contractor shall obtain insurance of the types described below: 1. Commerciql Qgngral 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 providlng equivalent coverage. 2. Automgbite tiability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISp) 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. Workp,rs.j Qompensatlon.coverage as required by the Industrial Insurance laws of the State of Washington. insurance covering losses caused by pollution conditions that arise Contractor. the operations of the B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Sgm.mqlclal General l.iabilitlf 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. 4 EXHIBIT B (Continued) 2. Automobije tjgbility insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 3. Cqnlractpr'slCpnsUlta-n!'s PcllutiQn Liabiljgf insurance shall be written in an amount of at least $1,000,000 per loss, with an annual aggregate of at' least $11000.000. 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 lnsurance: 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 qf !!''g contractor and a copy of.the endorsement naming the Clty as additional insured shall be attached to the Cirtifiqate pf hs,urgnSe" The City reserves the right to receive a certifled 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 furnlsh the City with original certificates and a copy of the amendatory endorsements, including but nat necessarily limlted to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors bs 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. i ) COVERAGES GERTIFIGATE OF LIABILITY INSURANCE CERTIFICATE NUMBER:306-2088060 REVISION NUMBER: 1 @ 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFI DA]E (MM'DD'YYYY) THIS CERTIFICA TE ts ISSUED AS A MA TTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICA TE HOLDER.THIS CERTIFICA TE DOES NOT AFFIRMA TIVELY OR NEGA TIVEL AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. BETWEEN THE ISSUING NSURER(S),AUTHO RIZED IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, thE poncy(res)must have ADDITIONAL INt'UKEU provisions or be endorsed. lf SUBROGATION lS 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 ceriificate holder in lieu of such endorsement(s) PRODUCER Nicholson & Associates lns LLC 1802 Black Lake Blvd SW #301 Olympia, WA 98512 2 rNsuRER(S) AFFORDING COVERAEiq_NAIC # INSURER A Western National Mutual 15477 rNsuREo Glean streets, Inc. DBA Goodbye Graffiti 982lndustry Drive Tukwila, WA 98188 INSIIRFR E: INSURER C INSURER E: INSURER F : PERIODABOVENAMEDPOLICYFORTHEBEENHAVETOISSUEDINSUREDTHEOFPOLICIESLISTEDINSURANCEBELOWISTHISCERTITOTHAFYTHETWHICHTOTHISOTHERRESPECTWTHOFCONDITIONCONTRACTANYORDOCUMENTREQUIREMENTANYORTERMNOTWTHSTANDINGINDICATED.THEALLISHEREINTO TERMS,SUBJECTBYAFFORDEDPOLICIESTHEDESCRIBEDORISSUEDMAYTHENSURANCEMACERTIFICATEBEPERTAIN, BY CLAIMS.PAIDMAYSHO\AN BEEN REDUCEDHAVEcoNotTtoNsANDSUCHOFLIMITSPOLICIES.EXCLUSIONS LIMITSPOLICY NUMBERTYPE OF INSURANCE s 1.000.000EACH OCCURRENCE 100.000$ $5,000MED EXP (Any one peGon)s '1.000.000PERSONAL &AOV INJURY GENERAL AGGREGATE s 2.000.000s 2.000.000PROOUCTS - COMP/OP AGG $ o9to1t202109to112020YcPP109961306ACOMMERCIAL GENERAL LIAEILITY c'ArMs.MADE lxl o..u* Pollution $1M t ${M GEN'L AGGREGATE LIMIT PER: LOC APPLIESE 52500 Ea 'o.'"" I xl 58"9 s ,t.000.000 $BODILY INJURY (Per Pereon) BODILY INJURY (Per accident)$ $ $ 09to11202109t01t2020cPP109921906AAUTOMOBILE LIABILITY ANY AUTO OVVNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON-O\ANED AUTOS ONLY $2,000,000$EACH OCCURRENCExX s $2.000.000AGGREGATE OCCUR CLAIM$MADE UMBRELLA LIAB EXCESS LIAB s 09to1t2020 o9to112021uM810't640506A NFD x nerrlrurror.rs $'1000 PERSTATIITE (.]I il-EPX Stop GaFs 1.000.000E.L. EACH ACCIDENT 1,000,000$E.L. DISEASE - EA EI'PLOYEE s 1.000.000 0s!oil2421 E,L. DISEASE - POLICY LIMIT 09t0112020 N/A crJP1099''i1306/t\WORKERS COMPENSANON AND EMPLO'/EIIS' LIABILIT} ANY PROPRIETOR/PARTNER/EXECUT IVE OFFICER/MEMSER EXCLUDED? (Mandatory in oEscRtPTloN oF oPERATIONS I LOCATIONS r VEHICLES (ACORD 101, Additional Remarks schedule, mry b6 Gertificate holder is additional insured with respect to work and seryices attached if moE space is EquiEd) provided by named insured perwritten contract. Coverage is primary and non-contributory City of Kent Parks, Recreation & Gommunity Services 220 Fourth Avenue South Kent, WA 98032 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ^"ffi*ffi;ffin);' (Ncc) ACORD 25 (2M6tA3l The,\CORD narne and logo irre rogistered marks of ACORD Printed by NCC on August 24, 2020 at 1 0:45AM 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 REQUTRED tN CONSTRUCTION AGREEMENT W|TH yOU PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section ll - Who ls An Insured is amended to in- clude as an additional insured any person or or- ganization for whom you are performing opera- tions when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with re- specl to liability for "bodily injury", "proplrty dam- age" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. However: 1. The insurance afforded to such additional in- sured only applies to the extent permitted by law; and 2. lf coverage provided to the additional insured is required by a contract or agreement, the in- surance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these ad- ditional insureds, the following additional exclusion applies: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the ren- dering of, or the failure to render, any profes- sional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'bccurrence" which caused the "bodily injurt'' or "property dam- age", or the offense which caused the "person- al and advertising inju/', involved the render- ing of or failure to render any professional services by you with respect to your providing engineering, architedural or surveying serv- ices in your capacity as an engineer, architect or surveyor. WN GL 49 07 15 lncludes copyrighted material of lnsurance Services office, lnc., with its permission.Page 1 of 2 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment fumished in connection with such work, on the project (other than serv- ice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered op- erations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or or- ganization other than another contractor or subcontractor engaged in performing oper- ations for a principal as a part of the same project. C. With respect to the insurance afforded to these ad- ditional insureds, the following is added to Section lll - Limits Of lnsurance: lf 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 lnsurance shown in the Declara- tions; whichever is less. This endorsement shall not increase the applicable Limits of lnsurance shown in the Declarations. D. The following is added to the Other lnsurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek any contribution from any other insurance available to an additional insured under your poliry provided that: (1) The additional insured is a Named lnsured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. WN GL 49 07 15 lncludes copyrighted material of Insurance Services Office, lnc', with its permission.Page 2 ol 2 I GO,TIMERIGAL GENERAL LlABlUry WN GL 39 08 18 COM ME RCIAL G ENEML LIABILITY ENHANCEM ENT ENDORSEM ENT The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides co\erage en- hancements. The following is a summary of broadened co\i€rages provided by this endorsement. No corerage is pro- vided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF GOVERAGES PAGE Bodily lnjury And Property Damage Liability. Non Owned Watercraft Up To 50 Feet Property Damage Liability. Elerators. Fire, Lightning, Explosion Or Sprinkler Leakage Exception. Bonowed Equipment ($25,000 PerOccunence, $50,000 Aggregate, $2, 500 Deductible Per Occurrence .............. Supplementary Payments - Amended. Bail Bonds Up To $5,000.............o Loss of Earnings Up To $500/Day Who ls An lnsured Amendments. Employee Bodily lnjury To A Co-Emp|oyee.............. Newly Formed Or Acquired Organizations For Up To 180 Days ................... Blanket Additional lnsured - Vendors - As Required By Contract ................ Blanket Additional lnsured - Lessor Of Leased Equipment. Blanket Additional lnsured - Managers Or Lessors Of Premisesr Blanket Additional lnsured - State Or Gor,emmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations ............. Blanket Additional lnsured -.State Or Gor,emmental Agency Or Subdivision Oi Political Subdivision - Permits Or Authorizations Relating To Premises Damage To Premises Rented To You - $300,000. Medical Payments lncreased Limit - $10,000 Or Amount Shown on Declarations 2 3 3 3 4 4 4 4 4 6 6 7 8 I I Conditionsr Knowledge of Occurrence, Offunse, Claim Or Suit Amended. Unintentional Failure To Disclose Hazards. Wairer of Su brogation ..... . .... ....... lnsu red Contract Amended Personal And Adrcrtising lnjury Redefined. Televised, Videotaped Or Electronic Publication .9 .9 10 10 10 WN GL 39 08 18 lncludes copyrighted material of the lnsurance Service Office, lnc.,w ith ib permission Page 1 of 10 ) COMMERCIAL GENERAL LIABILITY WN GL 39 0818 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY C OM M E RG IAL G E NE RAL LIABI LITY E NHANC E M E NT E NDORSEM E NT This endorcement modifes the insurance provided under the following: COMMERCIAL GENERAL LIABILIry COVERAGE FORM With respect to the corerage provided by this endorsement, the proVsions of the Corerage Form apply unless modifed by this endorsement. The SgCIOruS of the Commercial General Liability Cor,erage Form identified in this endorsement will be amended as shown below. SECTION I. COVERAGES AMENDMENTS COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY A. Non Owned Aircraft Or Watercraft Item 2. Exclusiong Paragraph g. is replaced by the following: S. Aircraft, Auto OrWatercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies er,en if the claims against any insured allege negligence or other wrong- doing in the supenision, hiring, employment, training or monitoring of others by that insured, if the "occunence" which caused the "bodily injury" or "property damage" inwlred in the ownership' maintenance, use or entrustment to others of any aircraft, "auto" or watercraft 'that is owned or operated by or rented or loaned to any insured. This exclusion does not aPPIY to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 50 feet long; and (b) Not being used to carry persons or prop- eftY for a charge; This Subparagraph (2) applies to any person, who with your expressed or implied consent, either uses or is responsible for the use of the watercrafr; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured con- tract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or Part of, a land whicle that would qualifrT under the def nition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor whicle insurance law where it is licensed or principally garaged; or (b) lhe operation of any of the machinery or equipment listed in Paragraph f. (2) or f. (3) of the definition of "mobile equip- ment". ts, Damage To Propefi Coverage Extensions Item 2. Exclusiong Paragraph j. is replaced by the following: j. Damage To ProPertY "Property damage" to: (1) Property you o\ /n, rent, or occupy, including any costs or expenses incuned by you, or any other person, organization or entity, for repair, replacement, enhancement, restora- tion or maintenance of such property for any reason, including prelention of injury to a person or damage to anothe/s property; (2) Premises you sell, gir,e away or abandon, if the "property damage" arises out of any pad of those Premises; WN GL 39 08 18 lncludes copyrighted material of tle lnsurance Service Cffice, lnc.,w ith ib permission.Page 2 of 10 (3) Property loaned to you; (4) Personal propefiy in thecare, custodyor con- trol of the insured; (5) That particular part of real property on wtrich you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was inconectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion or sprinkler leakage) to premises, including the contents of such premises, rented to you for a period of ser,en or fewer consecutirc days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION lll - LIMITS OF INSURANCE. Hower,er, the provisions of this paragraph do not apply if corcrage for Damage To Premises Rented To You is excluded by endorsement. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were ne\er occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to the use of eleletors. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (4) of this exclusion does not apply to "property damage" to bonowed equipment while not being used to perficrm operations at the jobsite. Subject to Paragraph 2. of SEGTION lll - LtMtTS OF INSURANCE, the rules below fix the most we will pay for "propefiy darnage" under this pro.uision: (1) $ZS,OOO any one "occunence", regardless of the number of persons or organizations who sustain damages because of that "occunence"; (2) $50,000 annual aggregate; and (3) We will pay only for damages in excess of $2,500 as a result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence". We may, or if required by law, pay all or any part of any deductible amount, if applicable, to effect settlement of any claim or "suit", Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products-com- pleted operations hazard". The insurance provided for "property damage" from the use of eler,ators and for "property damage" to bonowed equipment is excess o\er any other ralid and collectible property insurance (including any de- ductible portion thereof) arailable to the insured. whether primary, excess, contingent or on any other basis. C. Damage To Premises Rented To You Item 2. Exclusiong the last paragraph is replaced by the following: Exclusions c. through n. do not apply to damage by f re, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this corcrage as described in Paragraph 6. of SECTION lll - LIMITS OF INSURANCE. COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY D. PersonalAnd Advertising lnjury Item 2. Exclusions is amended by replacing Sub- paragraphs b. and c. with the following: b. Material Published With Knowledge Of Falsity "Personal and adrcrtising injury" arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. MaterialPublished PriorTo Policy Period "Personal and adrcrtising injury" arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material wtrose first publication took place before the beginning of the policy period SUPPLEMENTARY PAYMENTS -COVERAGES A AND B E. Supplementary Payments - Coverages A and B Item f . is amended by replacing Subparagraphs b. and d. with the following: b. Up to $5,000 for cost of bail bonds required be- cause of accidents or trafic law riolations arising out of the use of any rchicle to which the Bodily lnjury Liability Corerage applies. We do not have to fumish these bonds. d. All reasonable expenses incuned by the insured at our request to assist us in the inr,estigation or defense of the claim or"suit", including actual loss of eamings up to $500 a day because of time off from work. WN GL 39 08 18 lncludes copyrighted nnterial of the lnsurarrce Service Cffice, lnc.,w ith its permission.Page 3 of 10 SECTION II-WHO IS AN INSURED AMENDMENTS A. Employee Bodily Injury To A Go-Employee Paragraph 2. a. (11is replaced by the following: Howeter, none of these "employees" or "vclunteer workers" are insureds for "bodily injury" or "personal and adr,rertising injury": (a) To you, toyour partners or members (if you are a partnership or joint r,enture), to your members (if you are a limited liability company), to a co- "employee" while in the course of his or her employment or perbrming duties related to the conduct of your business, or to your other "rclunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, broiher or sister of the co-"employee" or '\olunteer worke/' as a consequence of Paragraph (1)(a) aborc; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (lXa) or (b) abow; or (d) Arising out of his or her providing or failing to provide professional health care senices. However, if a suit seeking damages for "bodily injury" or "personal and adr,rertising injury" to any co- "employee" or other '\olunteer worker" arising out of and in the course of the co-"employee's" or "rolunteer worke/s" employment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sisterof the co;'employee" or other "rolunteer worked', is brought against you or a co- "employee" or a "rolunteer worked', we will reimburse the reasonable costs that you incur in providing a defense to the co-"employee" or "r,olunteer worker" against such matters. Any reimbursement made pursuant to this sub-section will be in addition to the limits of liability set forth in the Declarations. B. NewlyAcquired Organizations Paragraph 3. a. is replaced by the following: a. Corerage under this provision is afforded only until the 180th day afrer you acquire or form the organization or the end of the policy period, whichewr is earlier; The following are added: C. Blanket Additional lnsured - Vendors - As Re- quired By Contract 1. Section ll - Who ls An lnsured is amended to include as an additional insured any person(s) or organization(s) (refened to throughout this endorsement as r,endor) with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" wttich are distributed or sold in the regular course of the rendo/s business. Howerer,' a. The insurance afiorded to such rcndor only applies to the extent permitted by law; and b. lf cowrage prorided to the rcndor is required by a contract or agreement, the insurance afiorded to such rendor will not be broader than that which you are required by the contract or agreement to provide for such rendor. 2. With respect to the insurance afiorded to these wndors, the following additional exclusions apply: a. The insurance afiorded the rendor does not apply to: (1) "Bodily injury" or "property damage" for which the \rendor is obligated to pay dam- ages by reason of the assumPtion of liability in a contract or agreement. This exclusion does not apply to liability for damages that the wndor would hare in the absence of the contract or agreement; (2) Any express wananty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the wndor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions fom the manufacturer, and then repackaged in the original container; WN GL 39 08 18 lncludes copyrighted nraterial of the lnsurarrce Service Office, lnc.,w ith its permission.Page4of10 (5) Any ftilure to make such inspections, adjustments, tests or servicing as the rcndor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, senicing orrepair operations, except such operations performed at the rendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale byyou, hale been labeled orrelabeled or used as a container, part or ingredient of any other thing or substance by or for the wndor; or (8) "Bodily injury or "property damage" arising out of the sole negligence of the r,endor for its own acts or omissions or those of its employees or anyone else acting on its behalf. Hower,er, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (4) or (6); or (ii) Such inspections, adjustments, testsor senicing as the rcndor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 3. This ProMsion C. does not apply: a. To any insured person or organization fom whom you haw acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products; b. To any v€ndor for which co\€r€ge as an addi- tional insured specifcally is scheduled by endorsement; or c. When liability included within the "products- completed operations hazard" has been ex- cluded for such product either by the provi- sions of the cor,erage part or by endorse- ment. 4. With respect to the insurance afiorded to these r,endors, the following is added to Section lll - Limits Of lnsurance: lf corerage pror,ided to the r,endor is required by' a contract or agreement, the most we will pay on behalf of the wndor is: The minimum amount contract or agreement; or required by the b. The Limits of lnsurance shown in the Declarations; whichercr is less. This endorsement shall not increase the applicable Limits of lnsurance shown in the Declarations. 5. With respect to the insurance afiorded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and adwrtising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surr,eying senices, including: (1) The preparing, approving, or hiling to prepare or appro\e, maps, shop drawings, opinions, repofts, suneys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering actirities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supenision, hiring, employment, training or{monitoring of others,'by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the ofiense which caused the "personal and adwrtising injury", inrolr,red the rendering of or failure to render any professional seruices by youwith respectto your providing engineerin g, architectural or suneying seruices in your capacity as an engineer, architect or suneyor. WN GL 39 08 18 lncludes copyrighted npterial of the lnsurance Seruice Office, lnc.,w ith ib permission Page5of10 D. Blanket Additional lnsured - Lessor Of Leased Equipment 1. Section ll - Who ls An lnsured is amended to include as an additional insured any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) hare agreed in writing in a contract or agreement, executed prior to loss, that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for "bodily injury", "property damage" or "personal and adwrtising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). Howerer, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an addi - tional insured under this endorsement ends when their contract or agreement with you for such leased equiPment ends. 2. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occuffence" which takes place after the equipment lease exPires. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section lll- Limits Of lnsurance: lf colerage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf r:f the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of lnsurance shown in the Declarations; whichever is less. This endorcement shall not increase the applicable Limits of lnsurance shown in the Declarations. 4. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not aPPIY to: di "Bodily injury", "property damage" or "personal and adrertising injury" arising out of the rendering of, or the fuilure to render, any professional architectural, engineering or surueying senrices, including: (1) The preparing, approving, or biling to prepare or appro\e, maps, shop drawings, opinions, reports, sul1,l3ys, field orders, change orders or drawings and specifcations; or (2) Superuisory, inspection, architectural or engineering actitities. This exclusion applies er,en if the claims against an additional insured allege negligence or other wrongdoing in the supenlsion, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the ofiense which caused the "personal and adrertising injury", inrclwd the rendering of or frilure to render any professional senices by you with respect toyour providing engineering, architectural or suneying seruices in your capacity as an engineer, architect or suneyor. E. Blanket Additional lnsured - Managers Or Les. sors Of Premises 1. Section ll - Who ls An lnsured is amended to include as an additional insured any person(s) or organization(s) with whom you harc agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or uqe of that part of the premises leased to you, subject to the following additional exclusions: This insurance does not aPPIY to: a, Any "occunence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. WN GL 39 08 18 lncludes copyrighted rnaterial of the lnsurance Service Cffice, lnc.,w ith 'tts permission.Page 6 of t0 Howercn a. The insurance afurded to such additional insured only applies to the extent permitted by law; and b. lf cor,erage provided to the additional insured is required by a contract or agreement, the insurance afforded tosuch additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section lll - Limits Of lnsurance: lf cowrage proilded to the additional insured is required by a contract or agfeement, the most we wili pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of lnsurance shown in the Declarations; whichewr is less. This endorsement shall not increase the applicable Limits of lnsurance shown in the Declarations. 3. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property.damage" or "personal and adwftising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or suneying senices, including: (1) lhe preparing, approving, or tuiling to prepare or appro\e, maps, shop drawings, opinions, reports, suneys, field rorders, change orders or drawings and specifications, or (2) Supenisory, inspection, architectural or engineering actirities. This exclusion applies er,en if the claims against an additional insured allege negligence or other wrongdoing in the supeniision, hiring, employment, training or monitoring of others by that insured, if the "occunence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and adwrtising injury", inwlwd the rendering of or fuilure to render any professional senices by you with respect to your providing engineering, architectural or suneying senices in your capacity as an engineer, architect or suneyor. F. Blanket Additional lnsured State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Section ll - Who ls An lnsured is amended to in- clude as an additional insured any state or gor,emmental agency or subdirision or political subdivision with whom you har,e agreed in a written contract, executed prior to loss, to name as an additional insured, subject tothe following provisions: 1. This insurance applies only with respect to op- erations performed by you or on your behalf for vuhich the state or gorremmental agency or sub- diriision or political subdivision has issued a permit or authorization. Howerer a. The insurance atTorded to such additional insured only applies to the extent permitted by law; and b. lf corerage proMded to the additional insured is required by a contract or agreement, the insurance afiorded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or "per- sonal and adrcftising injury" arising out of op- erations performed for the federal go\€rn- ment, state or municipality; or b. "Bodily injury" or "property damage" included within the "products-completed operations hazard". 3. With respect to the insurance afiorded to these additional insureds, the following is added to Section llt- Limits Of Insurance: If corerage provided to the additional insured 's require,J by a contract or agreement, ihe most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of lnsurance shown in the Declarations; whichewr is less. This endorsement shall not increase the applicable Limits of lnsurance shown in the Declarations. WN GL 39 08 18 lncludes copyrighted material of the Insurarce Service Office, lnc.,w ith its permission.Page 7 of 10 4. With respect to the insurance afiorded to these additional insureds, the following additional exclusion applies: This insurance does not aPPIY to: a. "Bodily injury", "property damage" or "personal and adwrtising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or suneying seruices, including: (1) the preparing, approving, or ftiling to prepare or appro\€, maps, shop drawings, opinions, rePorts, sun€Ys, field orders, change orders or drawings and sPecifcations; or (2) Supervisory, inspection, architectut"e! or engineering actitities. This exclusion applies eren if the claims against an additional insured allege negligence or other v'lrongdoing in the supenision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and adrcrtising injury", inrclrcd the rendering of or fuilure to render any professional senices by you with respect to your providing engineering, architectural or surveying senices in your capacity as an engineer, architect or suneyor. G. Blanket Additional lnsured State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises Section ll - Who ls An lnsured is amended to in- clude as an additional insured any state or go\emmental agency or subdiVsion or political subdivision with wtrom you har,e. agreed in a written contract, executed prior to loss, to name as an additional insured, subject to the following provision: 1. This insurance applies only with respect to the fol- lowing hazards for which the state or gor,emmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you owl, rent or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection or remoral of adrertising signs, awnings, canopies, cellar entrances, coal holes, drireways, manholes, marquees, hoist away openings, sidewalk raults, street banners or decorations and similar exposures; or b. The construction, erection or remoral of elewtors; or c. The ownership, maintenance or use of any elerators corered by this insurance. Howerer, a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. lf corerage proVded to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afiorded to these additional insureds, the following is added to Section lll - Limits Of lnsurance: lf cor,erage proUded to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of lnsurance shown in the Declarations; wfrichewr is less. This endorsement shall not increase the applicable Limits of lnsurance shown in the Declarations. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not aPPIY to: a, "Bodily injury", "property damage" or "personal and adwrtising injury" arising out of the rendering of, or the failure to render, any professional architecturai, engineering or suneying senices, including: (1) The preparing, approving, or ftiling to prepare or appro\e, maps, shop drawings, opinions, rePorts, suneys, feld orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering actitities. 2. 3. wN GL 39 08 18 lncludes copyrighted nraterial of the lnsurance Service Cfice, lnc.,w ith its permission.Page 8 of 10 This exclusion applies ewn if the claims against an additional insured allege negligence or other w'ongdoing in the superuision, hiring, employment, training or monitoring of others by that insured, if the "occurence" which caused the "bodily injury" or "property damage", or the ofiense which caused the "personal and adwrtising injury", inr,drcd the rendering of or failure to render any professional senices by you with respect to your providing engineering, architectural or suneying senices in your capacity as an engineer, architect or suneyor. SECTION III-LIMITS OF INSURANCE AMENDMENTS A. Damage To Premises Rented To You Paragraph 6. is replaced by the following: 6. Subject to Paragraph 5. abore, the most we will pay under Corerage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion or sprinkler leakage, while rented to you or temporarily occupied by you with permission of the owner is the greater of a. $300,000; or b. The amount shown next to the Damage To Premises Rented To You Limit in the Decla- rations. Howeler, the provisions of this paragraph do not apply if Damage To Premises Rented To You Coverage is excluded by endorsement. B. MedicalExpense Limit Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5, abole, the mostwe will pay under 9owrage G for all medical expenses beceuse of "bodily injury" susiained by any one person is the greater of a. $10,000; or b. The amount shorarn next to the Medical Ex- pense Limit in the Declarations. This insurance does not apply if cor,erage for Medical Expenses is excluded either by the pro- Usions of the cor,erage part or by endorsement. SECTION IV - COMMERCIAL GENER.AL LIABILITY CONDITIONS AMENDMENTS A. Knowledge Of Occurrence Item 2. Duties In The Event Of Occurrence, Of- fense, Glaim or Suit is amended by adding the fol- lowing: e. You must giw us or our authorized representa- tirc prompt notice of an "occunence", claim or loss only when the "occurence", claim br loss is known to: (1) You, if you are an indiUdual; (2) A partner, if you are a partnership; (3) An executiw oficer or insurunce manager, if you are a corporation; or (4) A member or manager, if you are a limited liability company. B. Other lnsurance Item 4. Other lnsurance, b, Excess lnsurance (1) (a) (ii) is replaced by the following: (ii) That is fire, lightning, explosion or sprinkler leak- age insurance for premises rented to you or temporarily occupied by you with permission of the owner; C. Unintentional Failure To Disclose Hazards Item 6. Representations is replaced by the following: 6. Representations And Unintentional Failure To Disclose Hazards a. By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon repre- sentations you made to us; and (3) We har,e issued this policy in reliance upon your representations. b. lf you unintentionally fail to disclose any haz- ards existing at the inception date of your policy, we will not deny co\€rage under this Corerage Part because of such failure. Howewr, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. wN GL 39 08 18 lncludes copyrighted material of the lnsurance Service Cfice, lnc.,with ib permission Page9of10 D. Waiver of Subrogation Item 8. Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waire any right of recorery we may have because of payments we make for injury or damage arising out of your ongoing operations or"yourwork" done under a written contract, executed prior to loss, requiring such wair,er with that person or organization and included in the "products-completed operations hazard". However, our rights may only be waived prior to the "occunence" giriing rise to the injury or damage for which we make payment under this Corerage Part, The insured must do nothing after a loss to impair our rights. At our request' the insured will bring "suit" or transfer those rights to us and help us enforce those rights. -\ I SECTION V - DEFINITIONS AMENDMENTS A. lnsured Gontract Amended Paragraph 9. a. is replaced by the following: a. A contract for a lease of premises. Howerer, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises vuhile rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; B. PersonalAnd Advertising lniury Redefined Paragraph 14. d. and e. are replaced by the following: d. Oral, written, telerised, videotaped or electronic publication of material that slanders or libels a persion or organization or disparages a peftion's or organization's goods, products or senice; e. Oral, written, telerised, rrideotaped or electronic publication of material that Volates a person's right of PriwcY; wN GL 39 08 18 lncludes copyrighted material of the lnsurance Service Office, lnc"w ith its permission.Page f0 of{0 GOODBYE GRAFFITI SEATTLE 982 INDUSTRY DR TUKWILA, WA 98188 City of Kent Business License Per RCW 82.14 local sales and use tax must be coded No. 1715 for all qualified sales within the city of Kent. BUSINESS LICENSE LICENSE MUST BE PAID ANNUALLY BY JANUARY 1st TO AVOID PENALTY Issuance of License Does Not Imply Licensee's Compliance with State and Local Laws THIS LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE. NOT TRANSFERABLE OR ASSIGNABLE NAME AND ADDRESS OF BUSINESS MAYOR The City of Kent At 220 4TH AVE SO KENT, WASHINGTON 98032 BLOC-2170788 2021 GOODBYE GRAFFITI SEATTLE Please tear at perforation 982 INDUSTRY DR TUKWILA, WA 98188 Tax Registration Endorsement Signature: Email: Signature: Email: Signature: Email: Signature: Email: Janice Applegate (Jul 20, 2021 11:07 PDT) Janice Applegate japplegate@kentwa.gov Garin Lee (Jul 21, 2021 08:53 PDT) glee@kentwa.gov rlashley@kentwa.gov Melissa McCormick (Jul 29, 2021 10:39 PDT) Melissa McCormick cityclerk@kentwa.gov Goodbye.Graffiti.2021-2023 Final Audit Report 2021-07-29 Created:2021-07-20 By:Janice Applegate (japplegate@kentwa.gov) Status:Signed Transaction ID:CBJCHBCAABAAoK0_HZyzEr9MoDIKYC3HQC1S5e_kcpd9 "Goodbye.Graffiti.2021-2023" History Document created by Janice Applegate (japplegate@kentwa.gov) 2021-07-20 - 5:55:58 PM GMT- IP address: 146.129.252.126 Document e-signed by Janice Applegate (japplegate@kentwa.gov) Signature Date: 2021-07-20 - 6:07:18 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Garin Lee (glee@kentwa.gov) for signature 2021-07-20 - 6:07:20 PM GMT Email viewed by Garin Lee (glee@kentwa.gov) 2021-07-21 - 3:52:40 PM GMT- IP address: 146.129.252.126 Document e-signed by Garin Lee (glee@kentwa.gov) Signature Date: 2021-07-21 - 3:53:37 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Laurie Spivack (laurie@goodbyegraffitiusa.com) for signature 2021-07-21 - 3:53:41 PM GMT Email viewed by Laurie Spivack (laurie@goodbyegraffitiusa.com) 2021-07-21 - 5:01:44 PM GMT- IP address: 97.113.29.209 Document e-signed by Laurie Spivack (laurie@goodbyegraffitiusa.com) Signature Date: 2021-07-21 - 5:14:38 PM GMT - Time Source: server- IP address: 97.113.29.209 Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature 2021-07-21 - 5:14:41 PM GMT Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2021-07-21 - 5:34:21 PM GMT- IP address: 146.129.252.126 Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date: 2021-07-21 - 5:37:27 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Brian Levenhagen (bjlevenhagen@kentwa.gov) for signature 2021-07-21 - 5:37:29 PM GMT Email viewed by Brian Levenhagen (bjlevenhagen@kentwa.gov) 2021-07-29 - 4:37:59 PM GMT- IP address: 146.129.252.126 Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date: 2021-07-29 - 4:38:49 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature 2021-07-29 - 4:38:53 PM GMT Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2021-07-29 - 5:01:35 PM GMT- IP address: 146.129.252.126 Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date: 2021-07-29 - 5:04:14 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Melissa McCormick (cityclerk@kentwa.gov) for signature 2021-07-29 - 5:04:16 PM GMT Email viewed by Melissa McCormick (cityclerk@kentwa.gov) 2021-07-29 - 5:36:44 PM GMT- IP address: 146.129.252.126 Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date: 2021-07-29 - 5:39:53 PM GMT - Time Source: server- IP address: 146.129.252.126 Agreement completed. 2021-07-29 - 5:39:53 PM GMT