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CAG2023-274 - Original - Northwest Playground Equipment, Inc. - Engineered Wood Fiber Delivery & Install - 04/26/2023
FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: L KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: KateLynn Jennings for Shayla Ott Parks, Recreation & Community Services Date Sent: Date Required: > 4/20/2023 Soonest possible please O Q Authorized to Sign: Date of Council Approval: QMayor or Designee N/A Budget Account Number Grant? Yes NOW] P21082.63180.5xxx 850w Budget?W]Yes E]No TYpe: N/A 101k Vendor Name: Category: Northwest Playground Equipment, Inc. Contract Vendor Number: Sub-Category: C 37649 Original O Project Name: Engineered Wood Fiber Delivery and Install 3- Project Details: Vendor to deliver engineered wood fiber to designated Kent Parks and install/spread 0- throughout designated areas. C C O Basis for Selection of Contractor: Agreement Amount $40,238.86 Other E *Memo to Mayor must be tt hod i Start Date: April 2023 Termination Date: 10/31/2023 Q Local Business? Yes Who*If meets requirements per KCC3.70.100,please complete"VendorPurchose-Locol Exceptions"form onCityspace. Business License Verification: W1 Yes In-ProcessD Exempt(KCC 5.01.045) W1 Authorized Signer Verified Notice required prior to disclosure? Contract Number: E]YesW1No CAG2023-274 Comments: H i 3 f0 a1 C C a1 Vf � 3 O � a, cc Date Received:City Attorney: 4/24/23 Date Routed:Mayor's Offic 4/26/23 City Clerk's Office 5/1/23 adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 KENT GOODS & SERVICES MAINTENANCE AGREEMENT between the City of Kent and Northwest Playground Equipment, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Northwest Playground Equipment, Inc. organized under the laws of the State of Washington, located and doing business at 345 NW Dogwood St. Issaquah, WA 98027 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. The Vendor shall provide the following goods and materials and/or perform the following maintenance services for the City: As described in attached Exhibit A, incorporated herein, vendor is to deliver Engineered Wood Fiber and spread across multiple park locations using blower. The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or maintenance services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above within 15 working days after the City issues its Notice to Proceed. Upon the effective date of this Agreement, all physical work shall thereafter be completed by October 31st, 2023. The term of this Agreement shall continue until all work has been completed, final acceptance has occurred, and all Contractor obligations have been fulfilled. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed FOURTY THOUSAND TWO HUNDRED THIRTY EIGHT DOLLARS AND EIGHTY SIX CENTS ($40,238.86), including applicable Washington State Sales Tax, for the goods, materials, and maintenance services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Vendor to submit invoices to APinvoices@kentwa.gov after each completed service at designated park locations. 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 GOODS & SERVICES MAINTENANCE AGREEMENT - 1 (Over$20,000.00, including WSST) 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 Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. PREVAILING WAGES. 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 independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. GOODS & SERVICES MAINTENANCE AGREEMENT - 2 (Over$20,000.00, including WSST) VI. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. 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 within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section 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 enemy, 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, the 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 this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. GOODS & SERVICES MAINTENANCE AGREEMENT - 3 (Over$20,000.00, including WSST) 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, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). 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. 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 subject to all warranty provisions GOODS & SERVICES MAINTENANCE AGREEMENT - 4 (Over$20,000.00, including WSST) 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 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 Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. 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 Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of 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 and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. 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 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. GOODS & SERVICES MAINTENANCE AGREEMENT - 5 (Over$20,000.00, including WSST) 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 exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XIII 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. 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. GOODS & SERVICES MAINTENANCE AGREEMENT - 6 (Over$20,000.00, including WSST) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: CITY OF KENT: OR, �r ` ByULisMcGauyy: nr 21,202307721PDT) By: Print Name:Chris McGarvey Print Name: Dana Ralph Its President Its Mayor DATE:4/21/23 DATE: 04/26/2023 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Chris McGarvey Ben Levenhagen Northwest Playground Equipment, Inc. City of Kent 345 NW Dogwood St. 220 Fourth Avenue South Issaquah, WA 98027 Kent, WA 98032 (425) 313-9161 (telephone) (253) 856-5133 (telephone) Chris@nwplayg round.corn (email) Blevenhagen@kentwa.gov (email) APPROVED AS TO FORM: �enM61VDpartment ATTEST: k�;t A�� Kent City Clerk GOODS & SERVICES MAINTENANCE AGREEMENT - 7 (Over$20,000.00, including WSST) DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, 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 statements 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 I, 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. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 of 5 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such EEO COMPLIANCE DOCUMENTS - 2 of 5 direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure EEO COMPLIANCE DOCUMENTS - 3 of 5 compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. A& 9:L& By: Chris McGarvey(Apr 21,2023 07:27 PDT) For: Northwest Playground Equipment, Inc. Title: President Date: 4/21/23 EEO COMPLIANCE DOCUMENTS - 4 of 5 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment opportunity and non-discrimination in contracting 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. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. 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 coordinate with the City's Title VI coordinator, and perform 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 - 5 of 5 Northwest Playground Equipment, Inc. PO Box 2410,Issaquah,WA 98027-0109 li Phone(425)313-9161 FAX(425)313-9194 Email:sales@nwplayground.com QUOTE EXHIBIT A Quote# NM-272023-00001844 To: Kent, City of Date: 02-07-2023 Re: Kent EWF Topoff 2023 Quote Name: Kent EWF Topoff 2023 Bill To: 220 Fourth Ave S Site Address: Kent, WA 98032 Name: Joe Erickson Phone: Email: jerickson@kentwa.gov Cell: Item# I Q �� Description Price Total Price EQUIPMENT Zeager Zeager Bros. 1 560 Cubic Yards of Zeager Bros. Certified Engineered Wood Fiber $36,547.56 $36,547.56 EWF Topoff Safety Surfacing Topping Multiple Site Locations. Price Includes Freight, Prevailing Wage, and Blower Installation. NOTE: Semi-Truck Must Have Access to Unload Material On-Site. Typical Truck Size is 53'or Additional Charges May Apply Equipment Subtotal (less tax): $36,547.56 FREIGHT Equipment Total (less tax): $36,547.56 CERTIFIED INSTALLATION Installation is NOT provided but AVAILABLE Upon Request Prevailing Wage Installation Total: $0.00 Performance Bond (If Required): 3.0% Credit Card Fee (If Required): 3.5% Location Code: Resale Certificate Required for Tax Exemption: Tax: % $0.00 ORDER TOTAL: o $361547.56 Page 1 of 2 Thank you for considering Northwest Playground Equipment,Inc for your Park,Playground,Shelter and Sports Equipment requirements 2023 Engineered Wood Fibers Park Name Address Zip Amount Needed Abor Heights 360 11525 SE240th St 98031 80 yds Garrison Creek 9615 S. 218th st Kent, WA 98031 20 yds Eastridge 143rd Ave SE &SE 257th PI 98042 40 yds Commons 5th Avenue N and W james street 98032 60 yds Mridian Glen 27535 137th Ave SE, Kent WA 98042 40 yds Green Tree 12011 SE 215th 98031 60 yds Green View 12033 SE 277th PI 98030 60 yds linda heights 35th AVE S &S 248th St 98032 20 yds Lake Meridian 14800 SE 272nd street 98042 30 yds Springwood 12700 SE 274th st 98030 40 yds Tudor Square 26713 112th Ave SE 98030 30 yds Service Club 14608 SE 288th street 98042 80 yds Total Yards Needed 560 yds EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. EXHIBIT B (Continued) 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. ,a►CCOR o�® CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DDIYYYY) 03/14/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Nick Ghaffari CHOICE Insurance, LLC 8 PHONE 1715 Market Street STE 100 (A/C.No,Ext: (425) 739-6565 A/C No:(425) 739-9955 E-MAIL Kirkland WA 98033 ADDRESS: Service@choiceinsurance.net INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Western National Mutual Insura 15377 INSURED (425) 313-9161 INSURER B Northwest Playground Equipment Inc Play Safe Construction, Inc. INSURERC: PO Box 2410 INSURERD: Issaquah WA 98027 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 26974 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBRPOLICY LTR POLICY NUMBER MM/DD/YYYY MMDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DA AGE TE CLAIMS-MADE � OCCUR Y Y CPPI037280 03/01/2023 03/01/2024 PREM SESOEa olccur ence $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO JECT ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ MBINED SINGLE LIMIT 1,000,000 AUTOMOBILE LIABILITY CO $ Ea accident A X ANY AUTO CPPI037051 03/01/2023 03/01/2024 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ A X UMBRELLALIAB X OCCUR UMB1006108 03/01/2023 03/01/2024 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ WORKERPER A AND EMPLOYERTIONS' Y/N CPP1037280 03/01/2023 03/01/2024 STATUTE X ERH- AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE WA State Stop Gap E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Kent EWF Topoff 2023 Project. Certificate Holder and Owner of Project are included as Additional Insured with respect to work performed by or on behalf of the Named Insured and coverage is Primary & Non-Contributory per Endorsement WNGL49. Waiver of Subrogation included per Endorsement CGMU0009. Completed operations wording included per Form WNGL50. Additional Insured shall apply by written contract and/or agreement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Avenue South AUTHORIZED REPRESENTATIVE Kent WA 98032 614WL1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1 Policy NO.CPP1037280 COMMERICAL GENERAL LIABILITY CG MU 0009 06 22 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary,refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Bodily Injury And Property Damage Liability • Non Owned Watercraft Up To 50 Feet................................................................................... 2 Property Damage Liability • Elevators............................................................................................................................... 3 • Fire, Lightning, Explosion Or Sprinkler Leakage Exception .................................................... 3 • Borrowed Equipment($25,000 Per Occurrence, $50,000 Aggregate, $2,500 Deductible Per Occurrence ..................................................................................... 3 Supplementary Payments—Amended • Bail Bonds Up To $5,000....................................................................................................... 3 • Loss of Earnings Up To $500/Day ........................................................................................ 3 Who Is An Insured Amendments • Employee Bodily Injury To A Co-Employee............................................................................ 4 • Newly Formed Or Acquired Organizations For Up To 180 Days ............................................. 4 • Blanket Additional Insured—Vendors—As Required By Contract.......................................... 4 • Blanket Additional Insured—Lessor Of Leased Equipment.................................................... 6 • Blanket Additional Insured—Managers Or Lessors Of Premises............................................ 6 • Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision—Permits Or Authorizations ............................................................ 7 • Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision—Permits Or Authorizations Relating To Premises .........................8 Damage To Premises Rented To You — $300,000............................................................................ 9 Medical Payments Increased Limit — $10,000 Or Amount Shown on Declarations ............................9 Conditions • Knowledge of Occurrence, Offense, Claim Or Suit Amended................................................. 9 • Unintentional Failure To Disclose Hazards............................................................................. 9 • Waiver of Subrogation......................................................................................................... 10 Insured Contract Amended .............................................................................................................. 10 Personal And Advertising Injury Redefined • Televised, Videotaped Or Electronic Publication .................................................................. 10 CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 10 COMMERCIAL GENERAL LIABILITY CG MU 0009 06 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Commercial General Liability Coverage 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. Exclusions, Paragraph g. is replaced by the following: g. Aircraft, Auto Or Watercraft "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 even if the claims against any insured allege negligence or other wrongdoing in the super- vision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or"property damage" involved 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 apply 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 property 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 watercraft; (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 contract" 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 vehicle that would qualify under the definition of"mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f. (2) or f. (3) of the definition of "mobile equipment". CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 10 B. Damage To Property Coverage Extensions Item 2. Exclusions, Paragraph j. is replaced by the following: j. Damage To Property "Property damage"to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the"property damage"arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which 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 incorrectly 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 seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III — LIMITS OF INSURANCE. However, the provisions of this paragraph do not apply if coverage 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 never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. 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 borrowed equipment while not being used to perform operations at the jobsite. Subject to Paragraph 2. of SECTION III —LIMITS OF INSURANCE, the rules below fix the most we will pay for"property damage" under this provision: (1) $25,000 any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that"occurrence"; (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-completed operations hazard". The insurance provided for "property damage" from the use of elevators and for "property damage" to borrowed equipment is excess over any other valid and collectible property insurance (including any deductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis. C. Damage To Premises Rented To You Item 2. Exclusions,the last paragraph is replaced by the following: Exclusions c. through n. do not apply to damage by fire, 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 coverage as described in Paragraph 6. of SECTION III —LIMITS OF INSURANCE. CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 10 COVERAGE B—PERSONAL AND ADVERTISING INJURY LIABILITY D. Personal And Advertising Injury Item 2. Exclusions is amended by replacing Sub-paragraphs b. and c. with the following: b. Material Published With Knowledge Of Falsity "Personal and advertising 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. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material whose 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 1. is amended by replacing Subparagraphs b. and d. with the following: b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to $500 a day because of time off from work. SECTION II—WHO IS AN INSURED AMENDMENTS A. Employee Bodily Injury To A Co-Employee Paragraph 2. a. (1) is replaced by the following: However, none of these "employees" or `volunteer workers" are insureds for "bodily injury' or "personal and advertising injury': (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other`volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of the co-"employee" or `volunteer worker' as a consequence of Paragraph(1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a)or(b)above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if a suit seeking damages for "bodily injury' or "personal and advertising injury' to any co='employee" or other "volunteer worker' arising out of and in the course of the co='employee's" or"volunteer worker'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 sister of the co=`employee" or other `volunteer worker', is brought against you or a co='employee" or a `volunteer worker', we will reimburse the reasonable costs that you incur in providing a defense to the co=`employee" or`volunteer 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. Newly Acquired Organizations Paragraph 3. a. is replaced by the following: a. Coverage under this provision is afforded only until the 1801h day after you acquire or form the organization or the end of the policy period,whichever is earlier; CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 10 The following are added: C. Blanket Additional Insured—Vendors—As Required By Contract 1. Section II —Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) (referred to throughout this endorsement as vendor) 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"which are distributed or sold in the regular course of the vendor's business. However, a. The insurance afforded to such vendor only applies to the extent permitted by law; and b. If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. 2. With respect to the insurance afforded to these vendors, the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor 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, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (4) or (6); or (ii) Such inspections, adjustments, tests or servicing as the vendor 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 Provision C. does not apply: a. To any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products; b. To any vendor for which coverage as an additional insured specifically is scheduled by endorsement; or c. When liability included within the "products-completed operations hazard" has been excluded for such product either by the provisions of the coverage part or by endorsement. 4. With respect to the insurance afforded to these vendors, the following is added to Section III — Limits Of Insurance: If coverage provided to the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 10 whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 5. 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 advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) 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 "occurrence" which caused the "bodily injury' or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer,architect or surveyor. D. Blanket Additional Insured—Lessor Of Leased Equipment 1. Section II —Who Is An Insured 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) have 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 advertising injury" caused by your negligent acts or omissions in the maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, 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. c. Does not apply to any "occurrence" which takes place after the equipment lease expires; A person's or organization's status as an additional 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 the Lessor,the following additional exclusions apply: "Bodily injury" or"property damage" arising out of: (1) The assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the Lessor would have in the absence of the contract or agreement; (2) Any express warranty made by the Lessor; (3) The demonstration, installation, servicing, inspections, adjustments, tests, repair, or maintenance operations by or for the Lessor; (4) The negligence or strict liability of the Lessor for its own acts or omissions or those of its employees or anyone else acting on its behalf; or (5) Any failure on the part of the Lessor to provide information, instructions and/or warnings with respect to the maintenance, use or operation of the equipment. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided 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 Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 10 4. 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 advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) 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 "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. E. Blanket Additional Insured— Managers Or Lessors Of Premises 1. Section II —Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) with whom you have 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 use of that part of the premises leased to you, subject to the following additional exclusions: This insurance does not apply to: a. Any "occurrence" 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. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided 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. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided 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 Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance 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 advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) 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 "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 10 F. Blanket Additional Insured —State Or Governmental Agency Or Subdivision Or Political Subdivision —Permits Or Authorizations Section II —Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided 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. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury"or"property damage" included within the"products-completed operations hazard". 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided 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 Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 4. 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 advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) 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 "occurrence" which caused the "bodily injury' or "property damage", or the offense which caused the "personal and advertising injury', involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. G. Blanket Additional Insured —State Or Governmental Agency Or Subdivision Or Political Subdivision—Permits Or Authorizations Relating To Premises Section II —Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision with whom you have 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 following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or b. The construction, erection or removal of elevators; or CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 10 c. The ownership, maintenance or use of any elevators covered by this insurance. However, a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided 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. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided 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 Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance 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 advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) 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 "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. SECTION III —LIMITS OF INSURANCE AMENDMENTS A. Damage To Premises Rented To You Paragraph 6. is replaced by the following: 6. Subject to Paragraph S. above, the most we will pay under Coverage 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 Declarations. However, the provisions of this paragraph do not apply if Damage To Premises Rented To You Coverage is excluded by endorsement. B. Medical Expense Limit Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above, the most we will pay under Coverage C for all medical expenses because of "bodily injury"sustained by any one person is the greater of: a. $10,000; or b. The amount shown next to the Medical Expense Limit in the Declarations. This insurance does not apply if coverage for Medical Expenses is excluded either by the provisions of the coverage part or by endorsement. CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 10 SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS AMENDMENTS A. Knowledge Of Occurrence Item 2. Duties In The Event Of Occurrence, Offense, Claim or Suit is amended by adding the following: e. You must give us or our authorized representative prompt notice of an "occurrence", claim or loss only when the "occurrence", claim or loss is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; or (4) A member or manager, if you are a limited liability company. B. Other Insurance Item 4. Other Insurance, b. Excess Insurance(1) (a) (ii) is replaced by the following: (ii) That is fire, lightning, explosion or sprinkler leakage 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 representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. 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 waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract, executed prior to loss, requiring such waiver with that person or organization and included in the "products-completed operations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Coverage 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. SECTION V—DEFINITIONS AMENDMENTS A. Insured Contract Amended Paragraph 9. a. is replaced by the following: a. A contract for a lease of premises. However, 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 while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract'; B. Personal And Advertising Injury Redefined Paragraph 14. d. and e. are replaced by the following: d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or service; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 10 of 10 Policy No.CPP1037280 COMMERCIAL GENERAL LIABILITY WN GL 49 07 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or or- additional insureds, the following additional exclu- ganization for whom you are performing opera- sion applies: tions when you and such person or organization This insurance does not apply to: have agreed in writing in a contract or agreement 1. "Bodily injury", "property damage" or"personal that such person or organization be added as an and advertising injury" arising out of the ren- additional insured on your policy. Such person or dering of, or the failure to render, any profes- organization is an additional insured only with re- sional architectural, engineering or surveying spect to liability for "bodily injury", "property dam- services, including: age" or "personal and advertising injury" caused, a. The preparing, approving, or failing to pre- in whole or in part, by: pare or approve, maps, shop drawings, 1. Your acts or omissions; or opinions, reports, surveys, field orders, 2. The acts or omissions of those acting on your change orders or drawings and specifica- behalf; tions; or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities. A person's or organization's status as an additional This exclusion applies even if the claims insured under this endorsement ends when your against an additional insured allege negli- operations for that additional insured are complet- gence or other wrongdoing in the supervision, ed. hiring, employment, training or monitoring of However: others by that insured, if the "occurrence" 1. The insurance afforded to such additional in- which caused the "bodily injury" or "property sured only applies to the extent permitted by damage", or the offense which caused the law; and "personal and advertising injury", involved the rendering of or failure to render any profes- 2. If coverage provided to the additional insured sional services by you with respect to your is required by a contract or agreement, the in- providing engineering, architectural or survey- surance afforded to such additional insured ing services in your capacity as an engineer, will not be broader than that which you are re- architect or surveyor. quired by the contract or agreement to provide for such additional insured. WN GL 49 07 15 Page 1 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 2. "Bodily injury" or "property damage" occurring D. The following is added to the Other Insurance after: Condition and supersedes any provision to the a. All work, including materials, parts or contrary: equipment furnished in connection with Primary And Noncontributory Insurance such work, on the project (other than ser- This insurance is primary to and will not seek vice, maintenance or repairs) to be per- any contribution from any other insurance formed by or on behalf of the additional in- available to an additional insured under your sured(s) at the location of the covered policy provided that: operations has been completed; or (1) The additional insured is a Named Insured b. That portion of "your work" out of which the injury or damage arises has been put under such other insurance; and to its intended use by any person or or- (2) You have agreed in writing in a contract or ganization other than another contractor or agreement that this insurance would be subcontractor engaged in performing op- primary and would not seek contribution erations for a principal as a part of the from any other insurance available to the same project. additional insured. C. With respect to the insurance afforded to these additional insureds, the following is added to Sec- tion III—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: 1. The minimum amount required by the contract or agreement; or 2. The Limits of Insurance shown in the Declara- tions; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. WN GL 49 07 15 Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. POLICY NUMBER: CPP 1037280 COMMERCIAL GENERAL LIABILITY WN GL 50 07 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ ization s : Location And Description Of Completed Operations PER WRITTEN CONTRACT OR AGREEMENT PER WRITTEN CONTRACT OR AGREEMENT WHERE YOU AGREE TO NAME A PARTY OR PARTIES AS ADDITIONAL INSURED(S) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sion applies: with respect to liability for"bodily injury" or "prop- This insurance does not apply to: erty damage" caused, in whole or in part, by "your work" at the location designated and de- 1. "Bodily injury", "property damage" or "personal scribed in the schedule of this endorsement per- and advertising injury" arising out of the render- formed for that additional insured and included in ing of, or the failure to render, any professional the "products-completed operations hazard". architectural, engineering or surveying services, However: including: 1. The insurance afforded to such additional in- a. The preparing, approving, or failing to pre- sured only applies to the extent permitted by pare or approve, maps, shop drawings, law; and opinions, reports, surveys, field orders, 2. If coverage provided to the additional insured change orders or drawings and specifica- is required by a contract or agreement, the tions; or insurance afforded to such additional insured b. Supervisory, inspection, architectural or en- will not be broader than that which you are gineering activities. required by the contract or agreement to pro- vide for such additional insured. WN GL 50 07 15 Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc.with its permission. This exclusion applies even if the claims D. The following is added to the Other Insurance against an additional insured allege negli- Condition and supersedes any provision to the con- gence or other wrongdoing in the supervi- trary: sion, hiring, employment, training or monitor- Primary And Noncontributory Insurance ing of others by that insured, if the This insurance is primary to and will not seek con- "occurrence" which caused the "bodily injury" tribution from any other insurance available to an or "property damage", or the offense which caused the "personal and advertising injury", additional insured under your policy provided that: involved the rendering of or failure to render (1) The additional insured is a Named Insured any professional services by you with respect under such other insurance; and to your providing engineering, architectural or (2) You have agreed in writing in a contract or surveying services in your capacity as an en- agreement that this insurance would be pri- gineer, architect or surveyor. mary and would not seek contribution from C. With respect to the insurance afforded to these any other insurance available to the additional additional insureds, the following is added to insured. Section III—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: 1. The minimum amount required by the con- tract or agreement; or 2. The Limits of Insurance shown in the Decla- rations; whichever is less. This endorsement shall not increase the applica- ble Limits of Insurance shown in the Declara- tions. WN GL 50 07 15 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc.with its permission. POLICY NUMBER: CPP 1037280 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): PER WRITTEN CONTRACT OR AGREE- MENT WHERE YOU AGREED TO PRO- VIDE A SEPARATE GENERAL AGGRE- ATE LIMIT FOR EACH PROJECT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes le- gate Limit for that designated construction gally obligated to pay as damages caused by project. Such payments shall not reduce "occurrences" under Section I — Coverage A, the General Aggregate Limit shown in the and for all medical expenses caused by acci- Declarations nor shall they reduce any dents under Section I — Coverage C, which other Designated Construction Project can be attributed only to ongoing operations General Aggregate Limit for any other at a single designated construction project designated construction project shown in shown in the Schedule above: the Schedule above. 1. A separate Designated Construction Proj- 4. The limits shown in the Declarations for ect General Aggregate Limit applies to Each Occurrence, Damage To Premises each designated construction project, and Rented To You and Medical Expense that limit is equal to the amount of the continue to apply. However, instead of General Aggregate Limit shown in the being subject to the General Aggregate Declarations. Limit shown in the Declarations, such 2. The Designated Construction Project Gen- limits will be subject to the applicable eral Aggregate Limit is the most we will Designated Construction Project General pay for the sum of all damages under Aggregate Limit. Coverage A, except damages because of B. For all sums which the insured becomes "bodily injury" or "property damage" legally obligated to pay as damages caused by included in the "products-completed oper- "occurrences" under Section I — Coverage A, ations hazard", and for medical expenses and for all medical expenses caused by under Coverage C regardless of the accidents under Section I — Coverage C, number of: which cannot be attributed only to ongoing a. Insureds; operations at a single designated construction b. Claims made or "suits" brought; or project shown in the Schedule above: c. Persons or organizations making 1. Any payments made under Coverage A g g for damages or under Coverage C for claims or bringing "suits". medical expenses shall reduce the amount 3. Any payments made under Coverage A available under the General Aggregate for damages or under Coverage C for Limit or the Products-completed Opera- medical expenses shall reduce the Desig- tions Aggregate Limit, whichever is ap- nated Construction Project General Aggre- plicable; and CG 25 03 05 09 ° Insurance Services Office, Inc., 2008 Page 1 of 2 2. Such payments shall not reduce any Des- D. If the applicable designated construction proj- ignated Construction Project General ect has been abandoned, delayed, or aban- Aggregate Limit. doned and then restarted, or if the authorized C. When coverage for liability arising out of the contracting parties deviate from plans, blue- "products-completed operations hazard" is prints, designs, specifications or timetables, provided, any payments for damages because the project will still be deemed to be the same of "bodily injury" or "property damage" in- construction project. cluded in the "products-completed operations E. The provisions of Section III — Limits Of In- hazard" will reduce the Products-completed surance not otherwise modified by this Operations Aggregate Limit, and not reduce endorsement shall continue to apply as the General Aggregate Limit nor the Desig- stipulated. nated Construction Project General Aggregate Limit. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 To: Northwest Playground Equipment Inc PO Box 2410 Issaquah, WA 98027 ll „s. r.`9 _� r �T, 1 0 z° Uo t- M H N N N 3 a H N co O N O CA M FC I" r al 3 0 " a N.H O N ri _ �C a CY Cl) N •a 41 �j Cl) N k 3 O H F �4 H W IG Ol ■� a fIf 1 FNIt" N 0 } EE _" B N u 41 O U z O .� Ln Ln r-1 a v o Li o 0 N � � •1 (n N O O 4-3 0 O N n •ri ° ' W rn > N z N o � .� U) N H fd 0 as ° U) U art Lo t L " 3 U) (2) N N O e a1 M U A. r_ (D ri rI 1-) G >00 O RS r_ () CY) O �4 U a) > N > O O xF:� Ln0u) a r.� �4 a) w = 3 w N 19 .�r . 00 3 O 44 >1 •I, +J +J -H N a) Ln a) �j 3 �; - e 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: 3/17/2023 County. Job Classification Holiday Overtime Note *Risk Class King Laborers Air, Gas Or Electric Vibrating $56.80 .15J 4V 8Y View Screed King Laborers Airtrac Drill Operator $58.56 .15J 4V 8Y View King Laborers Ballast Regular Machine $56.80 .15J 4V 8Y View King Laborers Batch Weighman $48.14 .15J 4V 8Y View King Laborers Brick Pavers $56.80 J5J 4V 8Y View King Laborers Brush Cutter $56.80 15J 4V 8Y View King Laborers Brush Hog Feeder $56.80 .15J 4V 8Y View King Laborers Burner $56.80 .15J 4V 8Y View King Laborers Caisson Worker $58.56 .15J 4V 8Y View King Laborers Carpenter Tender $56.80 15J 4V 8Y View King Laborers Cement Dumper-paving $57.84 15J 4V 8Y View King Laborers Cement Finisher Tender $56.80 15J 4V 8Y View King Laborers Change House Or Dry Shack $56.80 15J 4V 8Y View King Laborers Chipping Gun (30 Lbs. And $57.84 15J 4V 8Y View Over) King Laborers Chipping Gun (Under 30 Lbs.) $56.80 15J 4V 8Y View King Laborers Choker Setter $56.80 .15J 4V 8Y View King Laborers Chuck Tender $56.80 .15J 4V 8Y View King Laborers Clary Power Spreader $57.84 15J 4V 8Y View King Laborers Clean-up Laborer $56.80 15J 4V 8Y View King Laborers Concrete Dumper/Chute $57.84 .15J 4V 8Y View Operator King Laborers Concrete Form Stripper $56.80 15J 4V 8Y View King Laborers Concrete Placement Crew $57.84 15J 4V 8Y View King Laborers Concrete Saw Operator/Core $57.84 15J 4V 8Y View Driller King Laborers Crusher Feeder $48.14 15J 4V 8Y View King Laborers Curing Laborer $56.80 15J 4V 8Y View King Laborers Demolition: Wrecking Et Moving $56.80 15J 4V 8Y View (Incl. Charred Material) King Laborers Ditch Digger $56.80 15J 4V 8Y View King Laborers Diver $58.56 15J 4V 8Y View King Laborers Drill Operator (Hydraulic, $57.84 15J 4V 8Y View Diamond) King Laborers Dry Stack Walls $56.80 15J 4V 8Y View King Laborers Dump Person $56.80 .15J 4V 8Y View King Laborers Epoxy Technician $56.80 15J 4V 8Y View King Laborer Erosion Control Worker $56.80 15J 4V 8Y View King Laborers Faller Et Bucker Chain Saw $57.84 15J 4V 8Y View King Laborers Fine Graders $56.80 15J 4V 8Y View King Laborers Firewatch $48.14 15J 4V 8Y View King Laborers Form Setter $57.84 15J 4V 8Y View King Laborers Gabian Basket Builders $56.80 15J 4V 8Y View King Laborers General Laborer $56.80 15J 4V 8Y View King Laborers Grade Checker Et Transit Person $59.85 15J 4V 8Y View King Laborers Grinders $56.80 15J 4V 8Y View King Laborers Grout Machine Tender $56.80 15J 4V 8Y View King Laborers Groutmen (Pressure) Including $57.84 15J 4V 8Y View Post Tension Beams King Laborers Guardrail Erector $56.80 15J 4V 8Y View King Laborers Hazardous Waste Worker (Level $58.56 15J 4V 8Y View A) King Laborers Hazardous Waste Worker (Level $57.84 15J 4V 8Y View B) King Laborers Hazardous Waste Worker (Level $56.80 15J 4V 8Y View C) King Laborers High Scaler $58.56 15J 4V 8Y View King Laborers Jackhammer $57.84 15J 4V 8Y View King Laborers Laserbeam Operator $57.84 15J 4V 8Y View King Laborers Maintenance Person $56.80 15J 4V 8Y View King Laborers Manhole Builder-Mudman $57.84 15J 4V 8Y View King Laborers Material Yard Person $56.80 15J 4V 8Y View King Laborers Mold Abatement Worker $56.80 15J 4V 8Y View King Laborers Motorman-Dinky Locomotive $59.95 15J 4V 8Y View King Laborers nozzleman (concrete pump, $59.85 15J 4V 8Y View green cutter when using combination of high pressure air Et water on concrete Et rock, sandblast, gunite, shotcrete, water blaster, vacuum blaster) King Laborer Pavement Breaker $57.84 15J 4V 8Y View King Laborers Pilot Car $48.14 15J 4V 8Y View King Laborer Pipe Layer (Lead) $59.85 15J 4V 8Y View King Laborers Pipe Layer/Tailor $57.84 15J 4V 8Y View King Laborers Pipe Pot Tender $57.84 15J 4V 8Y View King Laborers Pipe Reliner $57.84 15J 4V 8Y View King Laborer Pipe Wrapper $57.84 15J 4V 8Y View King Laborers Pot Tender $56.80 15J 4V 8Y View King Laborers Powderman $58.56 15J 4V 8Y View King Laborers Powderman's Helper $56.80 15J 4V 8Y View King Laborers Power Jacks $57.84 15J 4V 8Y View King Laborer Railroad Spike Puller - Power $57.84 15J 4V 8Y View King Laborers Raker -Asphalt $59.85 15J 4V 8Y View King Laborers Re-timberman $58.56 15J 4V 8Y View King Laborers Remote Equipment Operator $57.84 15J 4V 8Y View King Laborer Rigger/Signal Person $57.84 15J 4V 8Y View King Laborers Rip Rap Person $56.80 15J 4V 8Y View King Laborers Rivet Buster $57.84 15J 4V 8Y View King Laborers Rodder $57.84 15J 4V 8Y View King Laborers Scaffold Erector $56.80 15J 4V 8Y View King Laborers Scale Person $56.80 15J 4V 8Y View King Laborers Sloper (Over 20") $57.84 15J 4V 8Y View King Laborers Sloper Sprayer $56.80 15J 4V 8Y View King Laborer Spreader (Concrete) $57.84 15J 4V 8Y View King Laborers Stake Hopper $56.80 15J 4V 8Y View King Laborers Stock Piler $56.80 15J 4V 8Y View King Laborers Swinging Stage/Boatswain $48.14 15J 4V 8Y View Chair King Lab-orer Tamper Et Similar Electric, Air $57.84 15J 4V 8Y View Et Gas Operated Tools King Laborers Tamper (Multiple Et Self- $57.84 15J 4V 8Y View propelled) King Laborers Timber Person - Sewer (Lagger, $57.84 15J 4V 8Y View Shorer Et Cribber) King Laborers Toolroom Person (at Jobsite) $56.80 15J 4V 8Y View King Laborers Topper $56.80 15J 4V 8Y View King Laborers Track Laborer $56.80 15J 4V 8Y View King Laborers Track Liner (Power) $57.84 15J 4V 8Y View King Laborers Traffic Control Laborer $51.48 15J 4V 9C View King Laborers Traffic Control Supervisor $54.55 15J 4V 9C View King Laborers Truck Spotter $56.80 15J 4V 8Y View King Laborers Tugger Operator $57.84 15J 4V 8Y View King Laborers Tunnel Work-Compressed Air $158.87 15J 4V 9B View Worker 0-30 psi King Laborers Tunnel Work-Compressed Air $163.90 15J 4V 9B View Worker 30.01-44.00 psi King Laborers Tunnel Work-Compressed Air $167.58 15J 4V 9B View Worker 44.01-54.00 psi King Laborers Tunnel Work-Compressed Air $173.28 15J 4V 9B View Worker 54.01-60.00 psi King Laborers Tunnel Work-Compressed Air $175.40 15J 4V 9B View Worker 60.01-64.00 psi King Laborer Tunnel Work-Compressed Air $180.50 15J 4V 9B View Worker 64.01-68.00 psi King Laborers Tunnel Work-Compressed Air $182.40 15J 4V 9B View Worker 68.01-70.00 psi King Laborers Tunnel Work-Compressed Air $184.40 15J 4V 9B View Worker 70.01-72.00 psi King Laborers Tunnel Work-Compressed Air $186.40 15J 4V 9B View Worker 72.01-74.00 psi King Laborers Tunnel Work-Guage and Lock $59.95 15J 4V 8Y View Tender King Laborer Tunnel Work-Miner $59.95 15J 4V 8Y View King Laborers Vibrator $57.84 15J 4V 8Y View King Laborers Vinyl Seamer $56.80 15J 4V 8Y View King Laborer Watchman $43.76 15J 4V 8Y View King Laborer Welder $57.84 15J 4V 8Y View King Laborer Well Point Laborer $57.84 15J 4V 8Y View King Laborers Window Washer/Cleaner $43.76 15J 4V 8Y View OWIAV-c Signature: Garin Le )Apr Q 202316:11 PDT) Signature: Email: glee@kentwa.gov Email: phuynh@kentwa.gov Signature: &- Ile Brian LI ii ae(A Email: bjlevenhagen@kentwa.gov E-TRANSMITTAL: NW Playground Equipment- Wood Fiber Delivery & Install Final Audit Report 2023-04-24 Created: 2023-04-20 By: KateLynn Jennings(kjennings@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAWZsR5gWpOiQY0glnBgivf_iJjSo8u_Zq "E-TRANSMITTAL: NW Playground Equipment-Wood Fiber Deli very & Install" History Document created by KateLynn Jennings (kjennings@kentwa.gov) 2023-04-20-11:00:50 PM GMT-IP address: 146.129.252.126 Document emailed to glee@kentwa.gov for signature 2023-04-20-11:02:17 PM GMT Email viewed by glee@kentwa.gov 2023-04-20-11:11:20 PM GMT-IP address: 104.47.64.254 Signer glee@kentwa.gov entered name at signing as Garin Lee 2023-04-20-11:11:53 PM GMT-IP address: 146.129.252.126 Document e-signed by Garin Lee (glee@kentwa.gov) Signature Date:2023-04-20-11:11:55 PM GMT-Time Source:server-IP address: 146.129.252.126 Document emailed to Phung Huynh (phuynh@kentwa.gov)for signature 2023-04-20-11:11:56 PM GMT Email viewed by Phung Huynh (phuynh@kentwa.gov) 2023-04-21 -0:17:56 AM GMT-IP address: 166.205.87.75 Document e-signed by Phung Huynh (phuynh@kentwa.gov) Signature Date:2023-04-21 -1:30:45 AM GMT-Time Source:server-IP address:76.121.204.148 P4 Document emailed to Chris McGarvey (chris@nwplayground.com)for signature 2023-04-21 -1:30:48 AM GMT Email viewed by Chris McGarvey (chris@nwplayground.com) 2023-04-21 -1:40:32 PM GMT-IP address:73.118.180.161 Powered by r � Adobe T Acrobat Sign E= Document e-signed by Chris McGarvey (chris@nwplayground.com) Signature Date:2023-04-21 -2:27:37 PM GMT-Time Source:server-IP address:73.118.180.161 Document emailed to bjlevenhagen@kentwa.gov for signature 2023-04-21 -2:27:39 PM GMT Email viewed by bjlevenhagen@kentwa.gov 2023-04-24-3:46:48 PM GMT-IP address: 104.47.64.254 E= Signer bjlevenhagen@kentwa.gov entered name at signing as Brian Levenhagen 2023-04-24-3:47:39 PM GMT-IP address: 146.129.252.126 E= Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date:2023-04-24-3:47:41 PM GMT-Time Source:server-IP address: 146.129.252.126 Agreement completed. 2023-04-24-3:47:41 PM GMT Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted. 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