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HomeMy WebLinkAboutCAG2023-380 - Original - Evergreen Asphalt & Concrete Construction, Inc. - Asphalt Repair & Seal Coating - 06/28/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: U__ Agreement Routing Form DirAsst: eL 40 • For Approvals,Signatures and Records Management Dir/Dep:LL KEN T 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: Shayla Ott Parks, Recreation & Community Services Date Sent: Date Required: > 06/16/2023 ASAP 0 fl. Authorized to Sign: Date of Council Approval: QMayor or Designee N/A Budget Account Numbe • Grant? Yes NoF P21082.64850.5xxx 851 W Budget?W]Yes No Type: N/A Vendor Name: CookCategory: Evergreen Asphalt&Concrete Construction, Inc. Contract Vendor Number: Sub-Category: c 213355 Original 0 Project Name: Asphalt repair and seal coating at various parks cProject Details: Vendor to remove, seal coat and crack fill asphalt at Scenic Hill Park, Canterbury Park and Campus Park as outlined in Exhibit A. +J C Basis for Selection of Contractor: Agreement Amount: $43,190.31 Other *Memo to Mayor must be attached _1111 Start Date: As soon as possible Termination Date: September 31, 2023 tM Q Local Business? Yes FV_1No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Locol Exceptions"form on Cityspoce. Business License Verification: ❑✓ Yes In-Process Exempt(KCC 5.01.045) Authorized Signer Verified Notice required prior to disclosure? Contract Number: Yes❑� No CAG2023-380 Comments: H N i IC C tM r+ N1 3 Cc 4J Date Received:City Attorney: 6/20/23 ate Routed:Mayor's Office City Clerk's Office adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 • KENT W A 5 H H G T­ PUBLIC WORKS AGREEMENT between City of Kent and Evergreen Asphalt & Concrete Construction, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Evergreen Asphalt & Concrete Construction, Inc. organized under the laws of the State of Washington, located and doing business at 27204 SE Kent-Kangley Road, Ravensdale, Washington 98051. Contact: Shane Gilbertson; Phone: (425)584-7890 (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. The Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Vendor to remove, seal coat and crack fill asphalt at Scenic Hill Park, Canterbury Park and Campus Park as outlined in Exhibit A. The Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above 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 September 31, 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 Contractor a total amount not to exceed FOURTY THREE THOUSAND ONE HUNDRED NINETY DOLLARS AND THIRTY ONE CENTS ($43,190.31), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor eighty-five percent (85%) of the Contract amount upon completion and acceptance of the work by the City, or at such earlier time as the City may determine is appropriate. The City will pay the remaining Contract amount upon fulfillment of the conditions listed below and throughout this Agreement. Card Payment Program. The Contractor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Contractor. If the Contractor voluntarily participates in this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Contractor shall not charge those fees back to the City. PUBLIC WORKS AGREEMENT - 1 (Over$20K and No Performance Bond) A. No Payment and Performance Bond. Because this contract, including applicable sales tax, is less than $150,000, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainaae. The City shall also hold back a retainage in the amount of five percent (5%) of any and all payments made to the Contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of the Contractor's signature on the Agreement. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If the Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and the Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which the Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. PUBLIC WORKS AGREEMENT - 2 (Over$20K and No Performance Bond) D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. The Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. The Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by the Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, the Contractor 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 Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time PUBLIC WORKS AGREEMENT - 3 (Over$20K and No Performance Bond) specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section IX, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. FORCE MA]EURE. 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 Contractor 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 Contractor 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 Contractor 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 Contractor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Contractor. IX. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY PUBLIC WORKS AGREEMENT - 4 (Over$20K and No Performance Bond) THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). X. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. XI. WARRANTY. The Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall promptly correct all defects in workmanship and materials: (1) when the Contractor knows or should have known of the defect, or (2) upon the Contractor's receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Contractor PUBLIC WORKS AGREEMENT - 5 (Over$20K and No Performance Bond) shall execute the attached City of Kent Non-Discrimination Policy Declaration, and comply with City Administrative Policy 1.2. XIII. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, and the Contractor's liability accruing from that obligation shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then the Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIV. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. 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 PUBLIC WORKS AGREEMENT - 6 (Over$20K and No Performance Bond) 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 Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, the Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together 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 PUBLIC WORKS AGREEMENT - 7 (Over$20K and No Performance Bond) to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: CITY OF KENT: SGuuie-�iC6ertsary ` gy;5 ,ea sz� oNr ByS �} Print Name: Shane Gilbertson Print Name: Dana Ralph Its President Its Mayor DATE: J u n 16,2023 DATE: 06/28/2023 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Shane Gilbertson Andy Martin Evergreen Asphalt & Concrete Construction, Inc. City of Kent 27204 SE Kent-Kangley Road 220 Fourth Avenue South Ravensdale, WA 98051 Kent, WA 98032 (425)584-7890 (telephone) (253) 856-5124 (telephone) Evergreen.shane@comcast.com (email) AMartin@kentwa.gov (email) APPROVED AS TO FORM: jo:�L CJ Kent Law Department ATTEST: L;t 60alb Kent City Clerk PUBLIC WORKS AGREEMENT - 8 (Over$20K and No Performance Bond) 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: PUBLIC WORKS AGREEMENT - 9 (Over$20K and No Performance Bond) 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 PUBLIC WORKS AGREEMENT - 10 (Over$20K and No Performance Bond) sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such 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; PUBLIC WORKS AGREEMENT - 11 (Over$20K and No Performance Bond) 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 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. BY&Ute-rg64C erHytt Y: sh,m E l oats......11, C'-16ICPD For: Evergreen Asphalt and Concrete Construction Inc. Title: President Date: Jun 16,2023 PUBLIC WORKS AGREEMENT - 12 (Over$20K and No Performance Bond) 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. PUBLIC WORKS AGREEMENT - 13 (Over$20K and No Performance Bond) BIDDER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded. The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (06/14/2023), the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Evergreen Asphalt & Concrete Construction, Inc. sluuce-,C 6C6es-tsc� By:Shane G lrertsc-(Jun 16,20231610 PDT) Signature of Authorized Official* Printed Name: Shane Gilbertson Title: President Date: Jun 16,2023 City and State: Ravensdale WA *If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. PUBLIC WORKS AGREEMENT - 14 (Over$20K and No Performance Bond) EXHIBIT A Evergreen Asphalt& PROPOSAL Concrete, Inc. Fax: 253 639-3779 Date Proposal# P.O. Box 867 6/5/2023 9756 Ravensdale, WA 98051 1 • PROPOSAL SUBMITTED TO: City of Kent 220 Fourth Avenue Kent,WA 98032 TERMS SUBMITTE... JOB ADDRESS Due on receipt SG Qty Description Rate Total Scenic Dill Park Parking Sealcoat 1,785 LF Crack Filler,Blowout cracks of debris and fill with hot melt crack filler 1.50 2,677.50T 22,875 SQ FT Sea]Coating with Asphalt Pavement Sealer. 0.30 6,862.50T 1 Restripe as per existing layout 1,525.00 1,525.00T Prevailing wage included ***Due to extreme market volatility all prices and availability are subejet to $ales Tax 0. °�a change without notice. Work to be scheduled on first come first serve basis $1,117.57 acording to approval date*** Total $12,182.57 THIS QUOTATION IS ONLY VALID FOR 10 Signature (10)DAYS. E-mail: Web Site: Phone# evergreen.shane@comcast.net Evergreenasphalt.com 425 584-7890 Evergreen Asphalt& PROPOSAL Concrete, Inc. P.O. Box 867 Date I Proposal# Ravensdale, WA 98051 Ph: 425 584-7890 4/13/2023 9651 Fax: 253 639-3779 PROPOSAL SUBMITTED TO: • City of Kent 220 Fourth Avenue Kent,WA 98032 TERMS SUBMITTE... JOB ADDRESS Due on receipt SG Qty Description Rate Total Canterbury Park Pickle Ball Court Repair 100 SO FT Asphalt Remove and Replace in 1 Location 23.50 2,350.00T Prevailing wage included ***Due to extreme market volatility all prices and availability are subejct to Sales Tax (10.1%� $237.3i change without notice. Work to be scheduled on first come first serve basis acording to approval date*** Total $2,587.35 THIS QUOTATION IS ONLY VALID FOR 10 Signature (10)DAYS. E-mail: Web Site: Phone# evergreenshane@comcust.net Evergreenasphalt.com 425 584-7890 Evergreen Asphalt& PROPOSAL Concrete, Inc. P.O. Box 867 Date Proposal# Ravensdale, WA 98051 4/13/2023 9652 Ph: 425 584-7890 Fax: 253 639-3779 PROPOSAL SUBMITTED TO: � City of Kent 220 Fourth Avenue Kent,WA 98032 TERMS SUBMITTE... JOB ADDRESS Due on receipt SG City Description Rate Total Campus Park Parking Sealcoat 830 LF Crack Filler,Blow out cracks of debris and fill with hot melt crack filler 1.50 1,245.00T 23,675 SQ FT Seal Coating with Asphalt Pavement Sealer. 0.26 6,155.50T I Restripe as per existing layout 1,525.00 1,525.00T Prevailing wage included ***Due to extreme market volatility all prices and availability are subejet to Sales Tax (10.1%) $90L48 change without notice. Work to be scheduled on first come first serve basis acording to approval date*** Total $9,826.98 THIS QUOTATION IS ONLY VALID FOR 10 Signature (10)DAYS. E-mail: Web Site: Phone# evergrem hane@comcast.net Evergreenasphalt.com 425 584-7890 Evergreen Asphalt& PROPOSAL Concrete, Inc. P.O. Box 867 Date Proposal# Ravensdale, WA 98051 4/13/2023 9650 Ph: 425 584-7890 Fax: 253 639-3779 PROPOSAL SUBMITTED TO: City of Kent 220 Fourth Avenue Kent,WA 98032 TERMS SUBMITTE... JOB ADDRESS Due on receipt SG Qty Description Rate Total Campus Park Parking Lot Repair 2,937 SQ FT Asphalt Remove and Replace in 8 Locations 5 75 16,887.75T Prevailing wage included ***Due to extreme market volatility all prices and availability are subejct to Sales Tax 'I 0.'I change without notice. Work to be scheduled on first come first serve basis ) $1,705.66 wording to approval date*** Total $18,593.41 THIS QUOTATION IS ONLY VALID FOR 10 Signature (10)DAYS. E-mail: Web Site: Phone# evergreen.shame@commst.net Evergreenasphaltcom 425 584-7890 Exhibit _B_ Insurance Requirements 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: Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable if all the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. Automobile Liability insurance providing bodily injury and property damage liability coverage for all autos used in the performance of this Agreement. This coverage must be on a primary and non-contributory basis only. Coverage shall be written on ISO form CA 00 01, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Workers' Compensation coverage for the employees of Contractor and subcontractors as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no less than $1,000,000 per occurrence, $2,000,000 general aggregate, and a $2,000,000 products-completed operations aggregate limit. Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. Waiver of Subrogation Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence. Umbrella/Excess Liability insurance shall be written with limits no less than $2,000,000 per occurrence, $2,000,000 general aggregate. The above policy limits may be obtained with excess liability (umbrella) insurance. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability and Automobile Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance policies and shall not contribute to the Contractor's insurance policies. 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 has been given to the City, sent via certified mail, return receipt requested. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) with respect to work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as an 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 claims are made or suit is brought, except with respect to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. The City waives no rights, and the Contractor is not excused from performance if Contractor fails to provide the City with a copy of the endorsements naming the City as a Primary Non-Contributory Additional Insured. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the same insurance requirements as stated herein for the Contractor. EVERASP-02 LBUSCI CERTIFICATE OF LIABILITY INSURANCE FDATE(MMIDDNYYY) 9/612022 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(les)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 WT Laura Bu8clo Hub International Florida P"MONNE.Ent); 206 838-1015 FAX AiCC,No): 1560 Orange Avenue Suite 750 A`E .laura.busclo@,hubinternational.com Winter Park,FL 32789 INSURERS AFFORDING COVERAGE NAIL INSURER A.-Western National Assurance Company 2"65 INSURED INSURERe:Western National Mutual Insurance Company 15377 Evergreen Asphalt&Concrete Construction,Inc. INSURERc: PO Box 867 INSURER D t Ravensdale,WA 98051 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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. IN$R ADDL SUER PttPOLIC EFF POLICY EXP LIMITS LIMTYPE OF INSURANCE POLICY NUMBER A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE �X OCCUR X X CPP 1213195 9/15/2022 9/1512023 DAMAGE 70 RENTED 100,000 MED EXP(Any one person) $ 5,000 PERSONAL✓I ADV INJURY $ 1,000,000 _7GEN'L AGGREGA LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000 X POLICY ja LOC PRODUCTS-COMP/OPAGG 2,000,000 OTHER: WA Stop Gap z 1,000,000 g AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 11000,000 (Ea accident) $ X ANY AUTO X X CPP1212799 9/1512022 9/1512023 BODILY INJURY Per arson OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per eceide! TO Ma GE HIRED ONLY AOpO Y .&%IA X Comp ded$1000 Ix Collusion ded A X UMBRELLA LIAB iX100DOCCUR EACH OCCURRENCE 2,000,000 EXCESS LIAB CLAIMS-MADE UMB1035977 9/15/2022 9/15/2023 AGGREGATE 2,000,000 DED I X I RETENTION$ 10,000 A WORKERS COMPENSATION PETATUTF PR R X OTW AND EMPLOYERS'LIABILITY YIN CPP 1213195 9/15/2022 9/15/2023 1/0001000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE 5 1,000.000 n yos,desdribe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Re:Trail repair,PSE Trail between 68th Ave S and 64th Ave S The City of Kent,its officials,employees and volunteers are additional insured for general liability,but only if required by written contract or written agreement and insurance is primary and non contributory per the attached. Waiver of subrogation applies per the attached. 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 Ave South Kent,WA 98032 AUTHORIZED /REPRESENTATIVE ACORD 25(2016/03) VV 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERICAL GENERAL LIABILITY WNGL390818 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage en- hancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is pro- vided 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................................. ....--. . ..... . ..............._...........................4 • Loss of Earnings Up To $500/Day .............4 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 Autho rizations 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 WIN GL 39 08 18 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. Page 1 of 10 COMMERCIAL GENERAL LIABILITY WNGL390818 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 (3) Parking an "auto" on, or on the ways next to, COVERAGE A — BODILY INJURY AND PROPERTY premises you own or rent, provided the"auto" DAMAGE LIABILITY is not owned by or rented or loaned to you or the insured; A. Non Owned Aircraft Or Watercraft (4) Liability assumed under any "insured con- Item 2. Exclusions, Paragraph g. is replaced by the tract" for the ownership, maintenance or use following: of aircraft or watercraft; or g. Aircraft, Auto Or Watercraft (5) "Bodily injury" or "property damage' arising "Bodily injury" or"property damage" arising out of out of: the ownership, maintenance, use or entrustment (a) The operation of machinery or equipment to others of any aircraft, "auto" or watercraft that is attached to, or part of, a land owned or operated by or rented or loaned to any vehicle that would qualify under the insured. Use includes operation and "loading or definition of"mobile equipment" if it were unloading". not subject to a compulsory or financial This exclusion applies even if the claims against responsibility law or other motor vehicle any insured allege negligence or other wrong- insurance law where it is licensed or doing in the supervision, hiring, employment, principally garaged; or training or monitoring of others by that insured, if (b) The operation of any of the machinery or the"occurrence" which caused the "bodily injury" equipment listed in Paragraph f. (2) or f. or "property damage" involved in the ownership, (3) of the definition of "mobile equip- maintenance, use or entrustment to others of any ment". aircraft, "auto" or watercraft that is owned or B. Damage To Property Coverage Extensions operated by or rented or loaned to any insured. This exclusion does not apply to: Item 2. Exclusions, Paragraph j. is replaced by the following: (1) A watercraft while ashore on premises you J. Damage To Property own or rent; (2) A watercraft you do not own that is: "Property damage" to: (a} Less than 50 feet long; and (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or (b) Not being used to carry persons or prop- any other person, organization or entity, for erty for a charge; repair, replacement, enhancement, restora- This Subparagraph (2)applies to any person, tion or maintenance of such property for any who with your expressed or implied consent, reason, including prevention of injury to a either uses or is responsible for the use of the person or damage to another's property; watercraft; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; W N GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,w ith its permission. Page 2 of 10 (3) Property loaned to you; The insurance provided for "property damage" from (4) Personal property in the care, custody or con- the use of elevators and for "property damage" to trol of the insured; borrowed equipment is excess over any other valid (5) That particular part of real property on which and collectible property insurance (including any de- you or any contractors or subcontractors ductible portion thereof) available to the insured working directly or indirectly on your behalf whether primary, excess, contingent or on any other are performing operations, if the "property basis. damage" arises out of those operations; or C. Damage To Premises Rented To You (6) That particular part of any property that must Item 2. Exclusions, the last paragraph is replaced by be restored, repaired or replaced because the following: "your work" was incorrectly performed on it. Exclusions c. through n. do not apply to damage by Paragraphs (1), (3) and (4) of this exclusion do not fire, lightning, explosion or sprinkler leakage to apply to "property damage" (other than damage by premises while rented to you or temporarily occupied fire, lightning, explosion or sprinkler leakage) to by you with permission of the owner. A separate limit premises, including the contents of such premises, of insurance applies to this coverage as described in rented to you for a period of seven or fewer Paragraph 6. of SECTION III — LIMITS OF consecutive days. A separate limit of insurance INSURANCE. applies to Damage To Premises Rented To You as described in SECTION III—LIMITS OF INSURANCE. COVERAGE B — PERSONAL AND ADVERTISING However, the provisions of this paragraph do not INJURY LIABILITY apply if coverage for Damage To Premises Rented To You is excluded by endorsement. D. Personal And Advertising Injury Item 2. Exclusions is amended by replacing Sub- Paragraph (2) of this exclusion does not apply if the paragraphs b. and c. with the following: premises are "your work" and were never occupied, rented or held for rental by you. b. Material Published With Knowledge Of Falsity Paragraphs (3) and (4) of this exclusion do not apply "Personal and advertising injury" arising out of to the use of elevators. oral, written, televised, videotaped or electronic publication, in any manner, of material, if done by Paragraphs (3), (4), (5) and (6) of this exclusion do or at the direction of the insured with knowledge not apply to liability assumed under a sidetrack of its falsity. agreement. c. Material Published Prior To Policy Period Paragraph (4) of this exclusion does not apply to "Personal and advertising injury" arising out of "property damage" to borrowed equipment while not oral, written, televised, videotaped or electronic being used to perform operations at the jobsite. publication, in any manner, of material whose first Subject to Paragraph 2.of SECTION III—LIMITS OF publication took place before the beginning of the INSURANCE, the rules below fix the most we will pay policy period. for"property damage" under this provision: (1) $25,000 any one "occurrence", regardless of the SUPPLEMENTARY PAYMENTS —COVERAGES A number of persons or organizations who sustain AND B damages because of that"occurrence'; E. Supplementary Payments —Coverages A and B (2) $50,000 annual aggregate; and Item 1. is amended by replacing Subparagraphs b. (3) We will pay only for damages in excess of$2,500 and d. with the following: as a result of any one"occurrence", regardless of b. Up to $5,000 for cost of bail bonds required be- the number of persons or organizations who cause of accidents or traffic law violations arising sustain damages because of that "occurrence". out of the use of any vehicle to which the Bodily We may, or if required by law, pay all or any part Injury Liability Coverage applies. We do not have of any deductible amount, if applicable, to effect to furnish these bonds. settlement of any claim or"suit". Upon notice of d. All reasonable expenses incurred by the insured our payment of a deductible amount, you shall promptly reimburse us for the part of the at our request to assist us in the investigation or deductible amount we paid. defense of the claim or"suit", including actual loss of earnings up to$500 a day because of time off Paragraph (6) of this exclusion does not apply to from work. "property damage" included in the "products-com- pleted operations hazard". WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission- Page 3 of 10 SECTION II —WHO IS AN INSURED AMENDMENTS The following are added: A. Employee Bodily Injury To A Co-Employee C. Blanket Additional Insured — Vendors — As Re- Paragraph 2. a. (1) is replaced by the following: quired By Contract However, none of these "employees" or "volunteer 1. Section II —Who Is An Insured is amended to workers" are insureds for "bodily injury" or "personal include as an additional insured any person(s) or and advertising injury": organization(s) (referred to throughout this (a) To you, to your partners or members (if you are a endorsement as vendor) with whom you have partnership or joint venture), to your members (if agreed in a written contract, executed prior to you are a limited liability company), to a co- loss, to name as an additional insured, but only with respect to bodily injury„ or "property "employee" while in the course of his or her damage" arising out of"your products" which are employment or performing duties related to the distributed or sold in the regular course of the conduct of your business, or to your other "volunteer workers" while performing duties vendor's business. related to the conduct of your business; However, (b) To the spouse, child, parent, brother or sister of a. The insurance afforded to such vendor only the co-"employee" or "volunteer worker" as a applies to the extent permitted by law; and consequence of Paragraph (1)(a) above; b. If coverage provided to the vendor is required (c) For which there is any obligation to share by a contract or agreement, the insurance damages with or repay someone else who must afforded to such vendor will not be broader pay damages because of the injury described in than that which you are required by the Paragraph (1)(a) or (b) above; or contract or agreement to provide for such (d) Arising out of his or her providing or failing to vendor. provide professional health care services. 2. With respect to the insurance afforded to these However, if a suit seeking damages for "bodily injury" vendors, the following additional exclusions or "personal and advertising injury" to any co- apply: "employee" or other "volunteer worker" arising out of a. The insurance afforded the vendor does not and in the course of the co-"employee's" or"volunteer apply to: worker's" employment or while performing duties (1) "Bodily injury" or "property damage" for related to the conduct of your business, or a suit which the vendor is obligated to pay dam- seeking damages brought by the spouse, child, ages by reason of the assumption of parent, brother or sister of the co-"employee" or other liability in a contract or agreement. This "volunteer worker", is brought against you or a co- exclusion does not apply to liability for "employee" or a"volunteer worker", we will reimburse damages that the vendor would have in the reasonable costs that you incur in providing a the absence of the contract or defense to the co-"employee" or "volunteer worker" agreement; against such matters. Any reimbursement made (2) Any express warranty unauthorized by pursuant to this sub-section will be in addition to the you; limits of liability setforth in the Declarations. (3) Any physical or chemical change in the B. Newly Acquired Organizations product made intentionally by the vendor; Paragraph 3. a. is replaced by the following: (4) Repackaging, except when unpacked a. Coverage under this provision is afforded only solely for the purpose of inspection, until the 180th day after you acquire or form the demonstration, testing, or the organization or the end of the policy period, substitution of parts under instructions whichever is earlier; from the manufacturer, and then repackaged in the original container; WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission Page 4 of 10 (5) Any failure to make such inspections, 4. With respect to the insurance afforded to these adjustments, tests or servicing as the vendors, the following is added to Section III — vendor has agreed to make or normally Limits Of Insurance: undertakes to make in the usual course If coverage provided to the vendor is required by of business, in connection with the a contract or agreement, the most we will pay on distribution or sale of the products; behalf of the vendor is: (6) Demonstration, installation, servicing or a. The minimum amount required by the repair operations, except such contract or agreement; or operations performed at the vendor's premises in connection with the sale of b. The Limits of Insurance shown in the the product; Declarations; (7) Products which, after distribution or sale whichever is less. by you, have been labeled or relabeled or used as a container, part or ingredient of This endorsement shall not increase the any other thing or substance by or for the applicable Limits of Insurance shown in the vendor; or Declarations. (8) "Bodily injury or "property damage" 5. With respect to the insurance afforded to these arising out of the sole negligence of the additional insureds, the following additional vendor for its own acts or omissions or exclusion applies: those of its employees or anyone else This insurance does not apply to: acting on its behalf. However, this a. "Bodily injury", "property damage" or exclusion does not apply to: "personal and advertising injury" arising out (i) The exceptions contained in of the rendering of, or the failure to render, Subparagraphs (4) or (6); or any professional architectural, engineering or (ii) Such inspections, adjustments, tests surveying services, including: or servicing as the vendor has (1) The preparing, approving, or failing to agreed to make or normally prepare or approve, maps, shop undertakes to make in the usual drawings, opinions, reports, surveys, course of business, in connection field orders, change orders or drawings with the distribution or sale of the and specifications; or products.p (2) Supervisory, inspection, architectural or 3. This Provision C. does not apply: engineering activities. a. To any insured person or organization from This exclusion applies even if the claims whom you have acquired such products, or against an additional insured allege any ingredient, part or container, entering negligence or other wrongdoing in the into, accompanying or containing such supervision, hiring, employment, training products; or monitoring of others by that insured, if b. To any vendor for which coverage as an addi- the "occurrence" which caused the tional insured specifically is scheduled by "bodily injury" or "property damage", or endorsement; or the offense which caused the "personal c. When liability included within the "products- and advertising injury", involved the completed operations hazard" has been ex- rendering of or failure to render any cluded for such product either by the provi- professional services by you with respect sions of the coverage part or by endorse- to your providing engineering, ment. architectural or surveying services in your capacity as an engineer, architect or surveyor. WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission- Page 5 of 10 4. With respect to the insurance afforded to these D. Blanket Additional Insured — Lessor Of Leased additional insureds, the following additional Equipment exclusion applies: 1. Section II —Who Is An Insured is amended to This insurance does not apply to: include as an additional insured any person(s) or organization(s) from whom you lease equipment a. "Bodily injury", "property damage" or when you and such person(s) or organization(s) "personal and advertising injury" arising out have agreed in writing in a contract or agreement, of the rendering of, or the failure to render, executed prior to loss, that such person(s) or any professional architectural, engineering or organization(s) be added as an additional insured surveying services, including: on your policy. Such person(s) or organization(s) (1) The preparing, approving, or failing to is an insured only with respect to liability for prepare or approve, maps, shop "bodily injury", "property damage" or "personal drawings, opinions, reports, surveys, and advertising injury"caused, in whole or in part, field orders, change orders or drawings by your maintenance, operation or use of and specifications; or equipment leased to you by such person(s) or (2) Supervisory, inspection, architectural or organization(s). engineering activities. However, the insurance afforded to such This exclusion applies even if the claims additional insured: against an additional insured allege a. Only applies to the extent permitted by law; negligence or other wrongdoing in the and supervision, hiring, employment, training or b. Will not be broader than that which you are monitoring of others by that insured, if the required by the contract or agreement to "occurrence" which caused the "bodily injury" provide for such additional insured. or "property damage", or the offense which A person's or organization's status as an addi- caused the "personal and advertising injury", tional insured under this endorsement ends when involved the rendering of or failure to render their contract or agreement with you for such any professional services by you with respect leased equipment ends. to your providing engineering, architectural or surveying services in your capacity as an 2. With respect to the insurance afforded to these engineer, architect or surveyor. additional insureds, this insurance does not apply to any "occurrence" which takes place after the E. Blanket Additional Insured — Managers Or Les- equipment lease expires. sors Of Premises 3. With respect to the insurance afforded to these 1. Section II — Who Is An Insured is amended to additional insureds, the following is added to include as an additional insured any person(s) or Section III—Limits Of Insurance: organization(s) with whom you have agreed in a If coverage provided to the additional insured is written contract, executed prior to loss, to name required by a contract or agreement, the most we as an additional insured, but only with respect to will pay on behalf of the additional insured is: liability arising out of the ownership, maintenance a. The minimum amount required by the or use of that part of the premises leased to you, contract or agreement; or subject to the following additional exclusions: b. The Limits of Insurance shown in the This insurance does not apply to: Declarations; a. Any"occurrence" which takes place after you whichever is less. cease to be a tenant in that premises. This endorsement shall not increase the b. Structural alterations, new construction or applicable Limits of Insurance shown in the demolition operations performed by or on Declarations. behalf of such additional insured. WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 6 of 10 However: F. Blanket Additional Insured — State Or a. The insurance afforded to such additional Governmental Agency Or Subdivision Or Political insured only applies to the extent permitted Subdivision —Permits Or Authorizations by law; and Section II — Who Is An Insured is amended to in- b. If coverage provided to the additional insured clude as an additional insured any state or is required by a contract or agreement, the governmental agency or subdivision or political insurance afforded to such additional insured subdivision with whom you have agreed in a written will not be broader than that which you are contract, executed prior to loss, to name as an required by the contract or agreement to additional insured, subject to the following provisions: provide for such additional insured. 1. This insurance applies only with respect to op- t. With respect to the insurance afforded to these erations performed by you or on your behalf for additional insureds, the following is added to which the state or governmental agency or sub- Section III — Limits Of Insurance: division or political subdivision has issued a If coverage provided to the additional insured is permit or authorization. required by a contract or agreement, the most we However: will pay on behalf of the additional insured is: a. The insurance afforded to such additional a. The minimum amount required by the insured only applies to the extent permitted contract or agreement; or by law; and b. The Limits of Insurance shown in the b. If coverage provided to the additional insured Declarations; is required by a contract or agreement, the insurance afforded to such additional insured whichever is less. will not be broader than that which you are This endorsement shall not increase the required by the contract or agreement to applicable Limits of Insurance shown in the provide for such additional insured. Declarations. 2. This insurance does not apply to: 3. With respect to the insurance afforded to these yinjury", p p y g p additional insureds, the following additional a. "Bodily "property damage" or "per- additional and advertising injury" arising out of op- exclusion applies: erations performed for the federal govern- This insurance does not apply to: ment, state or municipality; or a. "Bodily injury", "property damage" or b. "Bodily injury" or "property damage" included "personal and advertising injury" arising out within the "products-completed operations of the rendering of, or the failure to render, hazard". any professional architectural, engineering or 3. With respect to the insurance afforded to these surveying services, including: additional insureds, the following is added to (1) The preparing, approving, or failing to Section III—Limits Of Insurance: prepare or approve, maps, shop If coverage provided to the additional insured is drawings, opinions, reports, surveys, field orders, change orders or drawings required by a contractor agreement, the most we will pay on behalf of the additional insured is: and specifications; or a. The minimum amount required by the (2) Supervisory, inspection, architectural or contract or agreement; or engineering activities. b. The Limits of Insurance shown in the This exclusion applies even if the claims against an additional insured allege Declarations; negligence or other wrongdoing in the whichever is less. supervision, hiring, employment, training or This endorsement shall not increase the monitoring of others by that insured, if the applicable Limits of Insurance shown in the "occurrence" which caused the"bodily injury" Declarations. 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. WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,with its permssion, Page 7 of 10 4. With respect to the insurance afforded to these b. The construction, erection or removal of additional insureds, the following additional elevators; or exclusion applies: c. The ownership, maintenance or use of any This insurance does not apply to: elevators covered by this insurance. a. "Bodily injury", "property damage" or However, "personal and advertising injury" arising out a. The insurance afforded to such additional of the rendering of, or the failure to render, insured only applies to the extent permitted any professional architectural, engineering or by law; and surveying services, including: b. If coverage provided to the additional insured (1) The preparing, approving, or failing to is required by a contract or agreement, the prepare or approve, maps, shop insurance afforded to such additional insured drawings, opinions, reports, surveys, will not be broader than that which you are field orders, change orders or drawings required by the contract or agreement to and specifications; or provide for such additional insured. (2) Supervisory, inspection, architectural or 2. With respect to the insurance afforded to these engineering activities. additional insureds, the following is added to This exclusion applies even if the claims Section III—Limits Of Insurance: against an additional insured allege If coverage provided to the additional insured is negligence or other wrongdoing in the required by a contract or agreement, the most we supervision, hiring, employment, training or will pay on behalf of the additional insured is: monitoring of others by that insured, if the "occurrence" which caused the"bodily injury" a. The minimum amount required by the or "property damage", or the offense which contract or agreement; or caused the "personal and advertising injury", b. The Limits of Insurance shown in the involved the rendering of or failure to render Declarations; any professional services by you with respect to your providing engineering, architectural or whichever is less. surveying services in your capacity as an This endorsement shall not increase the engineer, architect or surveyor. applicable Limits of Insurance shown in the G. Blanket Additional Insured — State Or Declarations. Governmental Agency Or Subdivision Or Political 3. With respect to the insurance afforded to these Subdivision — Permits Or Authorizations Relating additional insureds, the following additional To Premises exclusion applies: Section II — Who Is An Insured is amended to in- This insurance does not apply to: clude as an additional insured any state or a. "Bodily injury", "property damage" or governmental agency or subdivision or political "personal and advertising injury" arising out subdivision with whom you have agreed in a written of the rendering of, or the failure to render, contract, executed prior to loss, to name as an any professional architectural, engineering or additional insured, subject to the following provision: surveying services, including: 1. This insurance applies only with respect to the fol- (1) The preparing, approving, or failing to lowing hazards for which the state or prepare or approve, maps, shop governmental agency or subdivision or political drawings, opinions, reports, surveys, subdivision has issued a permit or authorization field orders, change orders or drawings in connection with premises you own, rent or and specifications; or control and to which this insurance applies: (2) Supervisory, inspection, architectural or a. The existence, maintenance, repair, engineering activities. 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 WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission Page 8 of 10 This exclusion applies even if the claims SECTION IV — COMMERCIAL GENERAL LIABILITY against an additional insured allege CONDITIONS AMENDMENTS negligence or other wrongdoing in the supervision, hiring, employment, training or A. Knowledge Of Occurrence monitoring of others by that insured, if the Item 2. Duties In The Event Of Occurrence, Of- ..occurrence!' which caused the"bodily injury" fense, Claim or Suit is amended by adding the fol- or "property damage", or the offense which lowing: caused the "personal and advertising injury", e. You must give us or our authorized representa- invoked the rendering of or failure to render tive prompt notice of an 'occurrence", claim or any professional services by you with respect loss only when the "occurrence", claim or loss is to your providing engineering, architectural or known to: surveying services in your capacity as an engineer, architect or surveyor. (1) You, if you are an individual; (2) A partner, if you are a partnership; SECTION III —LIMITS OF INSURANCE AMENDMENTS (3) An executive officer or insurance manager, if you are a corporation; or A. Damage To Premises Rented To You (4) A member or manager, if you are a limited Paragraph 6. is replaced by the following: liability company. 6. Subject to Paragraph 5. above, the most we will B. Other Insurance pay under Coverage A for damages because of Item 4. Other Insurance, b. Excess Insurance (1) "property damage" to any one premises, while a II Is replaced b the following: rented to you, or in the case of damage by fire, ( )( ) p y lightning, explosion or sprinkler leakage, while (ii) That is fire, lightning, explosion or sprinkler leak- rented to you or temporarily occupied by you with age insurance for premises rented to you or permission of the owner is the greater of: temporarily occupied by you with permission of the owner; a. $300,000; or C. Unintentional Failure To Disclose Hazards b. The amount shown next to the Damage To Item 6. Representations is replaced by the following: Premises Rented To You Limit in the Decla- rations. 6. Representations And Unintentional Failure To Disclose Hazards However, the provisions of this paragraph do not apply if Damage To Premises Rented To You a. By accepting this policy, you agree: Coverage is excluded by endorsement. (1) The statements in the Declarations are accurate and complete; B. Medical Expense Limit (2) Those statements are based upon repre- Paragraph 7. is replaced with the following: sentations you made to us; and 7. Subject to Paragraph 5. above, the most we will (3) We have issued this policy in reliance pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one upon your representations. person is the greater of: b. If you unintentionally fail to disclose any haz- ards existing at the inception date of your a. $10,000; or policy, we will not deny coverage under this b. The amount shown next to the Medical Ex- Coverage Part because of such failure. pense Limit in the Declarations. However, this provision does not affect our This insurance does not apply if coverage for right to collect additional premium or exercise Medical Expenses is excluded either by the pro- our right of cancellation or non-renewal. visions of the coverage part or by endorsement. W N GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,w ith its permission. Page 9 of 10 D. Waiver of Subrogation SECTION V—DEFINITIONS AMENDMENTS Item 8. Transfer of Rights of Recovery Against A. Insured Contract Amended Others to Us is hereby amended by the addition of the following: Paragraph 9. a. is replaced by the following: We waive any right of recovery we may have because a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that of payments we make for injury or damage arising out of your ongoing operations or"your work" done under indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler a written contract, executed prior to loss, requiring such waiver with that person or organization and leakage to premises while rented to you or temporarily occupied by you with permission of included in the "products-completed operations hazard". However, our rights may only be waived the owner is not an "insured contract"; prior to the "occurrence" giving rise to the injury or B. Personal And Advertising Injury Redefined damage for which we make payment under this Paragraph 14. d. and e.are replaced by the following: Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured d. Oral, written, televised, videotaped or electronic will bring "suit"or transfer those rights to us and help publication of material that slanders or libels a us enforce those rights. 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; WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,with its perrrission. Page 10 of 10 COMMERCIAL GENERAL LIABILITY WN GL 139 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - CONTRACTORS - OPERATIONS AND COMPLETED OPERATIONS - WITH ADDITIONAL INSURED REQUIREMENT IN CONSTRUCTION CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Additional Insured —Operations (2) That portion of "your work" out of which A. Section II —Who Is An Insured is amended the injury or damage arises has been put to include as an additional insured: to its intended use by any person or or- ganization other than another contractor (1) Any person or organization for whom you or subcontractor engaged in performing are performing operations when you and operations for a principal as a part of the such person or organization have agreed same project. in writing in a contract or agreement that such person or organization be added as 2. Additional Insured —Completed Operations an additional insured on your policy; and A. Section II —Who Is An Insured is amended (2) Any other person or organization you are to include as an additional insured: required to add as an additional insured (1) Any person or organization for whom you under the contract or agreement de- are performing operations when you and scribed in Paragraph 1. above. such person or organization have agreed Such person(s) or organization(s) is an add- in writing in a contract or agreement that tional insured only with respect to liability for such person or organization be added as "bodily injury", "property damage" or "per- an additional insured on your policy; and sonal and advertising injury"caused, in (2) Any other person or organization you are whole or in part, by: required to add as an additional insured a. Your acts or omissions; or under the contract or agreement de- b. The acts or omissions of those acting on scribed in Paragraph 1. above. your behalf; Such person(s) or organization(s) is an addi- tional insured only with respect to liability for ti ons for the additional insured.the performance of your ongoing opera- "bodily injury", "property damage" or "per- sonal and advertising injury"caused, in whole B. With respect to Additional Insured - Opera- or in part, by: tions, coverage is limited as follows: a. Your acts or omissions; or This insurance does not apply to "bodily in- b. The acts or omissions of those acting on jury" or"property damage"occurring after: your behalf; (1) All work, including materials, parts or and included in the "products-completed op- equipment furnished in connection with erations hazard". such work,on the project(other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or WIN GL 139 06 18 Page 1 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. B. With respect to Additional Insured — Com- D. With respect to the insurance afforded to pleted Operations,coverage is limited as fol- these additional insureds, the following is lows: added to Section III —Limits Of Insurance: (1) A person or organization's status as an in- If coverage provided to the additional insured sured under Additional Insured — Com- is required by a contract or agreement, the pleted Operations continues only for the most we will pay on behalf of the additional period of time required by any written con- insured is: tract or agreement. (1) The minimum amount required by the (2) The insurance provided to the additional contract or agreement; or insured does not apply to "bodily injury", (2) The Limits of Insurance shown in the Dec- "property damage" or "personal and ad- larations; vertising injury" arising out of"your work" whichever is less. for which a consolidated (wrap-up) insur- ance program has been provided by the This endorsement shall not increase the ap- prime contractor-project manager or plicable Limits of Insurance shown in the Dec- owner of the construction project in which larations. you are involved. E. With respect to the insurance afforded to 3. Primary and Noncontributory these additional insureds, the following addi- The following is added to the Other Insurance tional exclusion applies: Condition and supersedes any provision to the This insurance does not apply to: contrary: "Bodily injury", "property damage" or "per- Primary And Noncontributory Insurance sonal and advertising injury"arising out of the This insurance is primary to and will not seek con- rendering of, or the failure to render, any pro- tribution from any other insurance available to an fessional architectural, engineering or survey- additional insured under your policy provided that: ing services, including: (1) The additional insured is a Named Insured un- (1) The preparing, approving, or failing to der such other insurance; and prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- (2) You have agreed in writing in a contract or ders, change orders or drawings and agreement that this insurance would be pri- specifications; or mary and would not seek contribution from (2) Supervisory, inspection, architectural or any other insurance available to the additional insured. engineering activities. This exclusion applies even if the claims 4. Other Provisions Applicable to Additional In- sured — Operations and Additional Insured — against an additional insured allege negli- Completed Operations gence or other wrongdoing in the supervision, hiring, employment, training or monitoring of A. The Amendment of Insured Contract Defini- others by that insured, if the "occurrence" tion (Endorsement CG 24 26) does not apply which caused the "bodily injury" or "property to an additional insured. damage", or the offense which caused the B. The coverage provided under Paragraph f. of "personal and advertising injury", involved the the definition of"insured contract" under Sec- rendering of or failure to render any profes- tion V—Definitions does not apply to an ad- sional services by you with respect to your ditional insured under this endorsement un- providing engineering,architectural or survey- less required by a written contract or ing services in your capacity as an engineer, agreement. architect or surveyor. C. The insurance afforded to such additional in- sured only applies to the extent permitted by law; and If coverage provided to the additional insured is required by a contract or agreement,the in- surance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to provide for such additional insured. 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'Q 10 = o p c ° W vi" ? T c' E c m LU LLv moE mEF m �' $ ° E °?? a �°. mp.q m`5 n$co ZZ E Z1j c� 9N °� o f �0 3 cU w� a`I �d K� oma$ Zf w F vm g`w > Q do �. Q�° $�o`h c 'a � ocm.- ms@ o w o v o tO Too m o w n o m R c Q n U Ul Q N J q m - = �. =�. a m v c, m N J a' m 2.c m m a o N U 2 u a d m 3 � \ , & � ) ■ ( ® | ) x ; ! % 75 lz \ ! � § ) ) � � \ } \ 3IK \ ! \ } } i - , / 2lo \ \E } \ A ! | : 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: 6/14/2023 County Trade Job Classification Wage 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 15J 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 Ft 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 Laborers 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 Laborers Pavement Breaker $57.84 15J 4V 8Y View King Laborers Pilot Car $48.14 15J 4V 8Y View King Laborers 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 Laborers 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 Laborers 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 Laborers 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 Laborers 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 Laborers 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 Laborers 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 Laborers 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 Laborers Watchman $43.76 15J 4V 8Y View King Laborers Welder $57.84 15J 4V 8Y View King Laborers Well Point Laborer $57.84 15J 4V 8Y View King Laborers Window Washer/Cleaner $43.76 15J 4V 8Y View Signature: �arml,uu�,2oz3ii:o3POT) Signature: - 1- 9- Email: glee@kentwa.gov Email: rlashley@kentwa.gov Signature: &-Iah Levmhaaeir Brian Levenhagen(Jun 16,20 315:48 PDT) Email: bjlevenhagen@kentwa.gov