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