HomeMy WebLinkAboutCAG2024-493 - Original - Graffiti Removal Company, LLC dba Graffitico - Graffiti removal at Arbor Heights 360 Skate Park - 10/24/24 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: I-
Agreement Routing Form Dir. Assist: KP
• For Approvals,Signatures and Records Management
KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover $L
WASHINcroN Sheet forms. Dlr/Dep Dil K
Originator: Department:
Shayla Ott Parks, Recreation & Community Services
Date Sent: Date Required:
> 10/23/2024 01/01/2025
0
CL Authorized to Sign: Date of Council Approval:
QDirector or Designee N/A
Budget Account Number: Grant? YesFI/]No
10006600.64190.5133
Budget?w]Yes No Type: N/A
Vendor Name: Category:
Graffiti Removal Company, LLC dba Graffitico Contract
Vendor Number: Sub-Category:
= 2533209 Original
0 Graffiti removal at Arbor Heights 360 Skate park
Project Name: g
1.1. Project Details:Vendor to inspect and remove graffiti at Arbor Heights 360 Skate Park.
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E Agreement Amount: $1 7 248.50 Basis for Selection of Contractor: Other
`Memo to Mayor must be attached
Start Date: 01/01/2025 Termination Date: 12/31/2026
Im
Q Local Business? Yes1ZNo* If meets requirements per KCC3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace.
Business License Verification:Yes In-Process Exempt(KCC 5.01.045)
Notice required prior to disclosure? Contract Number:
YesONo CAG2024-493
Comments:
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Date Routed to the City Clerk's Office: 1 0/24/24
,c«w»373__,0 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20210513
KENT
W--...
GOODS & SERVICES MAINTENANCE AGREEMENT
between the City of Kent and
Graffiti Removal Company, LLC dba Graffitico
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Graffiti Removal Company, LLC dba Graffitico organized under the laws of the
State of Washington, located and doing business at 982 Industry Drive Tukwila, WA 98188; Contact: Rob
Haggard; Phone: (206) 720-4777 (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
The Vendor shall provide the following goods and materials and/or perform the following maintenance
services for the City:
Vendor will perform weekly inspections for graffiti removal at Arbor Heights 360 Skate Park
in the City of Kent as outlined in Exhibit A.
The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods,
materials, or maintenance services and that the City maintains its unqualified right to obtain these goods,
materials, and services through other sources.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above within 15 working days after the City issues its Notice to Proceed. Upon the effective date
of this Agreement, all physical work shall thereafter be completed by December 315t ,2026. The term of this
Agreement shall continue until all work has been completed, final acceptance has occurred, and all
Contractor obligations have been fulfilled.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed SEVENTEEN
THOUSAND TWO HUNDRED FOURTY EIGHT DOLLARS AND FIFTY CENTS ($17,248.50), including applicable
Washington State Sales Tax, for the goods, materials, and maintenance services contemplated in this
Agreement. The City shall pay the Vendor the following amounts according to the following schedule:
Vendor to submt invoices quarterly to APInvoices@kentwa.gov
Card Payment Program. The Vendor may elect to participate in automated credit card payments
provided for by the City and its financial institution. This Program is provided as an alternative to payment
GOODS & SERVICES MAINTENANCE AGREEMENT - 1
($20,000 or Less, including WSST)
by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this
Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card
companies. The Vendor shall not charge those fees back to the City.
If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option
to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the
Vendor for any defective or unauthorized goods, materials or services. If the Vendor is
unable, for any reason, to complete any part of this Agreement, the City may obtain the
goods, materials or services from other sources, and the Vendor shall be liable to the City for
any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum Agreement
price specified above. The City further reserves its right to deduct these additional costs
incurred to complete this Agreement with other sources, from any and all amounts due or to
become due the Vendor.
B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND
IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS
MADE.
IV. PREVAILING WAGES. The Vendor shall file a "Statement of Intent to Pay Prevailing Wages,"
with the State of Washington Department of Labor & Industries prior to commencing the Contract work.
The Vendor shall pay prevailing wages in effect on the date the bid is accepted or executed by the Vendor,
and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing
wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and
Industries is attached.
V. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Vendor has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Vendor maintains and pays for its own place of business from which the Vendor's
services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a business
deduction for federal income tax purposes that existed before the City retained the
Vendor's services, or the Vendor is engaged in an independently established trade,
occupation, profession, or business of the same nature as that involved under this
Agreement.
D. The Vendor is responsible for filing as they become due all necessary tax documents
with appropriate federal and state agencies, including the Internal Revenue Service
and the state Department of Revenue.
E. The Vendor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by the Vendor's
business, and has obtained a Unified Business Identifier (UBI) number from the State
of Washington.
F. The Vendor maintains a set of books dedicated to the expenses and earnings of its
business.
GOODS & SERVICES MAINTENANCE AGREEMENT - 2
($20,000 or Less, including WSST)
VI. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement.
VII. CHANGES. The City may issue a written change order for any change in the goods, materials
or services to be provided during the performance of this Agreement. If the Vendor determines, for any
reason, that a change order is necessary, the Vendor must submit a written change order request to the
person listed in the notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar
days of the date the Vendor knew or should have known of the facts and events giving rise to the requested
change. If the City determines that the change increases or decreases the Vendor's costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach
agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the
City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
change order work upon receiving either a written change order from the City or an oral order from the City
before actually receiving the written change order. If the Vendor fails to require a change order within the
time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests
for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor
must complete the change order work; however, the Vendor may elect to protest the adjustment as provided
in subsections A through E of Section IX, Claims, below.
The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the
Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract
time and for direct, indirect and consequential costs, including costs of delays related to any work, either
covered or affected by the change.
VIII. FORCE 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 Vendor shall not be entitled to, and the City
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any
costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event.
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
If a force majeure event occurs, the City may direct the Vendor to restart any work or performance
that may have ceased, to change the work, or to take other action to secure the work or the project site
during the force majeure event. The cost to restart, change, or secure the work or project site arising from
a direction by the City under this clause will be dealt with as a change order, except to the extent that the
loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under
this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the
Vendor.
GOODS & SERVICES MAINTENANCE AGREEMENT - 3
($20,000 or Less, including WSST)
IX. CLAIMS. If the Vendor disagrees with anything required by a change order, another written
order, or an oral order from the City, including any direction, instruction, interpretation, or determination
by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to
the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the
claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts
or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for
any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed
to have been waived by the Vendor unless a timely written claim is made in strict accordance with the
applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items
1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY
THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
5. An analysis of the progress schedule showing the schedule change or disruption
if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result
of the asserted events giving rise to the claim. The City shall have access to any of the
Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this
Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Vendor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
X. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING
FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE
CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
XI. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work
provided under this Agreement in accordance with the provisions of this Agreement. In addition to any
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions
GOODS & SERVICES MAINTENANCE AGREEMENT - 4
($20,000 or Less, including WSST)
established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor
warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and the Vendor's representations to City. The Vendor shall
promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have
known of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or
discovery of the defect. In the event any part of the goods are repaired, only original replacement parts
shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for
that portion of the work shall extend for an additional year beyond the original warranty period applicable
to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a
reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay
all costs incurred by the City in order to accomplish the correction.
XII. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the
Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates. The Vendor shall execute
the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative
Policy 1.2.
XIII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE,
TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the Vendor
shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable
attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the
Vendor's part.
The provisions of this section shall survive the expiration or termination of this Agreement.
XIV. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
XV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions
and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of
the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the
Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or
other articles used or held for use in connection with the work.
GOODS & SERVICES MAINTENANCE AGREEMENT - 5
($20,000 or Less, including WSST)
XVI. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XIII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be made
without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and the Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part of
or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the
Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be
subject to public review and disclosure, even if those records are not produced to or possessed by the City
of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and
obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
GOODS & SERVICES MAINTENANCE AGREEMENT - 6
($20,000 or Less, including WSST)
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
VENDOR: CITY OF KENT:
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Rol;crt Ham-ar.i Oct 2%f�U2r-3.32 PDT': ri an,L--Leverhagen'�Oct 2�,202 11:38 P
By. By.B
Print Name: Robert Haggard Print Name: Brian Levenhagen
Its: Business Manager Its: Deputy Parks Director
DATE: Oct 24,2024 DATE: Oct 24,2024
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
Rob Haggard Garin Lee
Graffiti Removal Company, LLC dba Graffitico City of Kent
982 Industry Drive 220 Fourth Avenue South
Tukwila, WA 98188 Kent, WA 98032
(206) 720-4777 (telephone) (253) 856-5131 (telephone)
Robert@graffitico.com (email) Glee@kentwa.gov (email)
ATTEST:
6W6
Kent City Clerk
GOODS & SERVICES MAINTENANCE AGREEMENT - 7
($20,000 or Less, including WSST)
DECLARATION
CITY OF KENT NON-DISCRIMINATION POLICY
The City of Kent (City) is committed to conform to Federal and State laws regarding equal
opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who
perform work with relation to this Agreement shall comply with the regulations of the City's equal
employment opportunity policies.
The City of Kent and its contractors are subject to and will comply with the following:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat.
252), (prohibits discrimination on the basis of race, color, national origin);
• 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs
Of The Department Of Transportation-Effectuation Of Title VI Of The Civil
Rights Act Of 1964);
• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement
of Title VI of the Civil Rights Act of 1964).
• Ch. 49.60 RCW (Washington Law Against Discrimination)
The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and
Regulations".
The following statements specifically identify the requirements the City deems necessary for any
contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of
all of the following is required for this Agreement to be valid and binding. If any contractor,
subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined
below, it will be considered a breach of contract and it will be at the City's sole determination
regarding suspension or termination for all or part of the Agreement.
The statements are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex,
race, color, national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement I, the prime contractor, will provide a written statement
to all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the "contractor") agrees as follows:
EEO COMPLIANCE DOCUMENTS - 1 of 5
A. Compliance with Regulations: The contractor, subcontractor, consultant,
vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the
Regulations relative to non-discrimination, including those applicable to Federally-
assisted programs of the U.S. Department of Transportation, State-assisted
programs through the Washington State Department of Transportation, and
generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they
may be amended from time to time, which are herein incorporated by reference
and made a part of this contract.
B. Non-discrimination: The contractor, with regard to the work performed by it
during the contract, will not discriminate on the grounds of race, color, or national
origin in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including
employment practices when the contract covers any activity, project, or program
set forth in Appendix B of 49 CFR Part 21.
C. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation made
by the contractor for work to be performed under a subcontract, including
procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this
contract and the Acts and the Regulations relative to non-discrimination on the
grounds of race, color, or national origin.
D. Information and Reports: The contractor will provide all information and reports
required by the Acts and Regulations and directives issued pursuant thereto and will
permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined applicable to contractor's contract by the City or the
Washington State Department of Transportation to be pertinent to ascertain
compliance with such Acts and Regulations and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or
refuses to furnish the information, the contractor will so certify to the City or the
Washington State Department of Transportation, as appropriate, and will set forth
what efforts it has made to obtain the information.
E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with
the non-discrimination provisions of this contract, the City will impose such contract
sanctions as it or the Washington State Department of Transportation may
determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the
contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
F. Incorporation of Provisions: The contractor will include the provisions of
paragraphs (A) through (F) above in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Acts and Regulations and
directives issued pursuant thereto. The contractor will take action with respect to
any subcontract or procurement as the City or the Washington State Department of
Transportation may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the contractor becomes involved in,
EEO COMPLIANCE DOCUMENTS - 2 of 5
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;
EEO COMPLIANCE DOCUMENTS - 3 of 5
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.
R�6e�t tfa.�ra��
By: Robot Haggard(Oct 07413:32 PDT)
For: Graffiti Removal Company, LLC
Title: Business Manager
Date: Oct 24, 2024
EEO COMPLIANCE DOCUMENTS - 4 of 5
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022
SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998
APPROVED BY Dana Ralph, Mayor
POLICY:
Equal employment opportunity and non-discrimination in contracting requirements for the City of
Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and
suppliers of the City must guarantee equal employment opportunity within their organization and,
if holding Agreements with the City amounting to $10,000 or more within any given year, must
take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the
City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination
Policy Declaration, prior to commencing performance.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to coordinate with the City's Title VI coordinator, and perform the following
duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 5 of 5
GRAFFITI 982 Industry Drive I Tukwila, WA 98188
206-720-4777 1 Office@GraffitiCo.com I www.GraffitiCo.com
RECIPIENT: Quote #2416
City of Kent Sent on 10/22/2024
Attn:a/p
220 4th Ave S Total
Kent, WA 98032
SERVICE ADDRESS: Exhibit
11525 SE 240th St
Arbor Heights 360 Skate Park
Kent, WA 98031
Product/Service
Ever-Clean Program Enrollment in the Ever-Clean Program 2025- 1 $650.00 $650.00
2026
Boundaries: Deep bowl, large bowl,full pipe up to
arms reach and climbing rocks 10ft
Includes:
-Weekly full-site inspections
-Removal of graffiti up to 10 feet from ground
level
-Digital pictures of all removals
-Monthly service summary
-Unlimited 'on call'service with 36 hour response
time
-Hot-line Pager Service
Environmental Fee Environmental Fee 1 $6.50 $6.50
Total $656.50
If you have any questions, reply to this email or call the office.
Upon completion of the job,you will receive an invoice with a link to completion
photos.
Exhibit
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.
Automobile Liability insurance providing bodily injury and property
damage liability coverage for all owned, non-owned, hired, and leased
vehicles 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.
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:
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.
CERTIFICATE OF LIABILITY INSURANCE DA EIMNDMY n
08/26/2024
THIS CERTIFICATE 15 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 cerfcato holder in lieu of such endorsormu s).
NTA T Lisa Dante
PRODUCER XAME:
Nicholson&Associates Ins LLC PXONEXMI
N (3eo 52-8444 """ 360 -9712
1802 Black Lake Blvd SW#301 %VgLE g. fisallitinichmartaro.cour,
Olympia,WA 98612 INSURE AFFORgN°C°VEMGE NMCA
INSURERA: Western National MUttil 15377
INSUREO Graffiti Removal Company LLC IxsuMRB:
DBA: GraTfitico INSURER°:
982 Industry Drive INSURER D:
Tukwila,WA 98188 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 00118819-2422166 REVISION NUMBER: 394
THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEOTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT MALL THETERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR I TYPE OF INSURANCE AllPOLICY NUMBER MMNCT EFF PMICYEI.P UNITS
p X WMMERVALGENEMLUANDTY Y Y CPP 1295071 DIVIN2924 WIM025 EACH OCCURRENCE S 1009090
DIAIMS'MADE O OCCIAi PREMI 8 10(),000
MEOEXPIAm PI:e. ) $ 5000
X Ded$25001 Occ PERSOML&ADVINJURY M 1000000
GEN'LAGGREGATE Learn APPLIES PER: GENERA-AGGREGATE $ 2000000
POLICY[XI PRO �LOC FROWLTS-COMP,VPAGG M b 2000000
OTHER:
p AUTOMONIE LueIUIv CPP 1294989 ovlenou omtenozs .l"am LE LI" M 1000000
Nry AUTO BODILYINJURY(Pxpmm) b
X OWNEDOPoLy N�OKNEO
TO X µ1TOB LED SOOLV INJURY(For xuIcIen) S
HIRED NO PR FERTY MMAGE S
X AUS ONLY X AUTOS ONLYAU ' Paremd"ll
8
p X UMBMUAUAB X -,UP tf115B 1049717 08I19I202A 0MIWM25 EACH OCCURRENCE 8 2000000
EXce s UAB CIAIMSMACE AGOREG TE b 2,000 000
OED X RETENTION810000 _ 8
A WORNEM coM-NMAnox CPP 1296071 001IN20M 00/1812025 X PE" E ° St0 Ga
AND EMPLDYE -ARTILITY
ANYPR°...E,F Ic..GE%ECUTIVE YIN
EL.EACH ACCIDENT b 1000,000
(.ed .q 1.NREXCWOEm N/A E.L.mSEASE-EAEMPLOYE 8 1000000
(M I.d.e In NN)
yr EeroSmunEa E.L.DI&EASE-P0.ICV LIMIT S 1000000
DESCRIPTION CF OPEMTIOHS CNvx
e RIPnONMOPEMTIONSILO°ATI°NSIWHICMS(AMMIOI,MdMOpe Wmn55CMdulO.mey LsexecMdIIMMSs M4Mulnd)
RE: Arbor Heights Graffiti Removal
Certificate holder is additional Insured with regard to work and services provided by named insured per written contract and
as set forth in policy provisions,per attached endorsements. Coverage is primary and non-contributory and waiver of
subrogation applies.
CERTIFICATE HOLDER CANCELLATION
City of Kent SHOULD ANYOF THE THE EXPIRATION DATE ABOVE
NOTICE WILL BE DELIVERED IN DESCRIBED POLICIES 0 BEFORE
Parks,Recreation &Community Services ACCORDANCE WITH THE POLICY PROVISIONS.
c/o Garin Lee
220 Fourth Avenue South AUTHORRED REPRESENTATIW
Kent,WA 98032
NLL
01988-2016 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Printed by NLL on 06126/2024 at 09:09AM
COMMERICAL GENERAL LIABILITY
CG MU 0009 06 22
COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT
The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage
enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is
provided by this summary, refer to following endorsement for changes in your policy.
SUMMARY OF COVERAGES PAGE
Bodily Injury And Property Damage Liability
• Non Owned Watercraft Up To 50 Feet................................................................................... 2
Property Damage Liability
• Elevators............................................................................................................................... 3
Fire, Lightning, Explosion Or Sprinkler Leakage Exception .................................................... 3
• Borrowed Equipment($25,000 Per Occurrence,$50,000 Aggregate,
$2,500 Deductible Per Occurrence..................................................................................... 3
Supplementary Payments—Amended
• Bail Bonds Up To$5.000....................................................................................................... 3
• Loss of Earnings Up To$500/Day ........................................................................................ 3
Who Is An Insured Amendments
• Employee Bodily Injury To A Co-Employee............................................................................ 4
• Newly Formed Or Acquired Organizations For Up To 180 Days ............................................. 4
• Blanket Additional Insured—Vendors—As Required By Contract.......................................... 4
• Blanket Additional Insured—Lessor Of Leased Equipment.................................................... 6
• Blanket Additional Insured—Managers Or Lessors Of Premises............................................ 6
• Blanket Additional Insured—State Or Governmental Agency Or Subdivision
Or Political Subdivision—Permits Or Authorizations ............................................................ 7
• Blanket Additional Insured—State Or Governmental Agency Or Subdivision
Or Political Subdivision—Permits Or Authorizations Relating To Premises .........................8
Damage To Premises Rented To You — $300,000............................................................................ 9
Medical Payments Increased Limit — $10,000 Or Amount Shown on Declarations ............................9
Conditions
• Knowledge of Occurrence, Offense,Claim Or Suit Amended................................................. 9
• Unintentional Failure To Disclose Hazards............................................................................. 9
• Waiver of Subrogation......................................................................................................... 10
InsuredContract Amended .............................................................................................................. 10
Personal And Advertising Injury Redefined
• Televised,Videotaped Or Electronic Publication ............................_.................................... 10
CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 10
COMMERCIAL GENERAL LIABILITY
CG MU 0009 06 22
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT
This endorsement modes the insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified
by this endorsement. The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement
will be amended as shown below.
SECTION I—COVERAGES AMENDMENTS
COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY
A. Non Owned Aircraft Or Watercraft
Item 2. Exclusions,Paragraph g.is replaced by the following:
g. Aircraft,Auto Or Watercraft
"Bodily injury" or"property damage"arising out of the ownership, maintenance, use or entrustment to others of
any aircraft. "auto"or watercraft owned or operated by or rented or loaned to any insured. Use includes operation
and'loading or unloading".
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the super-
vision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the
'bodily injury' or"property, damage"involved in the ownership, maintenance, use or entrustment to others of any
aircraft."auto"or watercraft that is owned or operated by or rented or loaned to any insured.
This exclusion does not apply to:
(1) A watercraft while ashore on premises you own or rent;
(2) A watercraft you do not own that is:
(a) Less than 50 feet long;and
(b) Not being used to carry persons or property for a charge;
This Subparagraph (2) applies to any person, who with your expressed or implied consent, either uses or is
responsible for the use of the watercraft;
(3) Parking an"auto"on, or on the ways next to, premises you own or rent, provided the "auto"is not owned by
or rented or loaned to you or the insured;
(4) Liability assumed under any"insured contmcr'for the ownership, maintenance or use of aircraft or watercraft;
or
(5) "Bodily injury'or"property damage"arising out of:
(a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify
under the definition of"mobile equipment"If it were not subject to a compulsory or financial responsibility
law or other motor vehicle insurance law where it is licensed or principally garaged;or
(b) The operation of any of the machinery or equipment listed in Paragraph f. (2) or f. (3) of the definition of
"mobile equipment".
CG MU 0009 06 22 Includes copyrighted material of Insurance services Office,Inc.,with its permission. Page 2 of 10
B. Damage To Property Coverage Extensions
Item 2.Exclusions, Paragraph j.is replaced by the following:
j. Damage To Properly
"Property,damage'to:
(1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person,
organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for
any reason, including prevention of injury to a person or damage to anther's property;
(2) Premises you sell, give away or abandon,if the"property damage"arises out of any part of those premises;
(3) Property loaned to you;
(4) Personal property in the care, custody or control of the insured;
(5) That particular part of real property on which you or any contractors or subcontractors working directly or
indirectly on your behalf are performing operations, if the"property damage"arises out of those operations;or
(6) That particular part of any property that must be restored, repaired or replaced because 'your work' was
incorrectly performed on it.
Paragraphs (1), (3) and(4) of this exclusion do not apply to"property damage"(other than damage by fire, lightning,
explosion or sprinkler leakage) to premises, including the contents of such premises, rented to you for a period of
seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as
described in SECTION III — LIMITS OF INSURANCE. However, the provisions of this paragraph do not apply if
coverage for Damage To Premises Rented To You is excluded by endorsement.
Paragraph (2) of this exclusion does not apply if the premises are ')four work' and were never occupied, rented or
held for rental by you.
Paragraphs(3)and(4)of this exclusion do not apply to the use of elevators.
Paragraphs(3),(4),(5)and(6)of this exclusion do not apply to liability assumed under a sidetrack agreement.
Paragraph (4) of this exclusion does not apply to "property damage"to borrowed equipment while not being used to
perform operations at the jobsite. Subject to Paragraph 2. of SECTION III—LIMITS OF INSURANCE, the rules below
fix the most we will pay for"property damage'under this provision:
(1) $25,000 any one "occurrence", regardless of the number of persons or organizations who sustain damages
because of that"occurrence";
(2) $50,000 annual aggregate;and
(3) We will pay only for damages in excess of$2,500 as a result of any one"occurrence', regardless of the number
of persons or organizations who sustain damages because of that"occurrence'. We may, or if required by law,
pay all or any part of any deductible amount, if applicable, to effect settlement of any claim or"suit". Upon notice
of our payment of a deductible amount,you shad promptly reimburse us for the part of the deductible amount we
paid.
Paragraph (6) of this exclusion does not apply to "property damage" included in the "products-completed operations
hazard".
The insurance provided for "property damage' from the use of elevators and for "property damage" to borrowed
equipment is excess over any other valid and collectible property insurance (including any deductible portion thereof)
available to the insured whether primary,excess,contingent or on any other basis.
C. Damage To Premises Rented To You
Item 2.Exclusions,the last paragraph is replaced by the following:
Exclusions c. through n. do not apply to damage by fire, lightning, explosion or sprinkler leakage to premises while
rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to
this coverage as described in Paragraph 6.of SECTION III—LIMITS OF INSURANCE.
CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office,Inc.,wiM its permission. Page 3 of 10
COVERAGE B—PERSONAL AND ADVERTISING INJURY LIABILITY
D. Personal And Advertising Injury
Item 2.Exclusions is amended by replacing Sub-paragraphs b.and c.with the following:
b. Material Published With Knowledge Of Falsity
"Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication, in any
manner, of material,if done by or at the direction of the insured with knowledge of its falsity.
c. Material Published Prior To Policy Period
"Personal and advertising injury' arising out of oral, written, televised. videotaped or electronic publication, in any
manner, of material whose first publication took place before the beginning of the policy period.
SUPPLEMENTARY PAYMENTS—COVERAGES A AND B
E. Supplementary Payments—Coverages A and B
Item 1.is amended by replacing Subparagraphs b.and d.with the following:
b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of
any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the
claim or"su8', including actual loss of earnings up to$500 a day because of time off from work.
SECTION II—WHO IS AN INSURED AMENDMENTS
A. Employee Bodily Injury To A Co-Employee
Paragraph 2,a.(1) is replaced by the following:
However, none of these "employees" or "volunteer workers" are insureds for "bodily injury' or "personal and
advertising injury':
(a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a
limited liability company), to a cc=employee" while in the course of his or her employment or performing duties
related to the conduct of your business, or to your other"volunteer workers"while performing duties related to the
conduct of your business;
(b) To the spouse, child, parent, brother or sister of the co-"employee" or "volunteer worker" as a consequence of
Paragraph(1)(a) above;
(c) For which there is any obligation to share damages with or repay someone else who must pay damages bemuse
of the injury described in Paragraph (1)(a) or(b)above;or
(d) Arising out of his or her providing or falling to provide professional health care services.
However, if a suit seeking damages for "bodily injury' or "personal and advertising injury' to any co='employee' or
other"volunteer worker'arising out of and in the course of the co"errployee's' or'volunteer workers' employment or
while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse,
child, parent, brother or sister of the co-"employee" or other 'Volunteer worker", is brought against you or a
co-"employee" or a"volunteer worker', we will reimburse the reasonable costs that you incur in providing a defense to
the co-'employee"or"volunteer worker'against such matters. Any reimbursement made pursuant to this subsection
will be in addition to the limits of liability set forth in the Declarations.
B. Newly Acquired Organizations
Paragraph 3.a. is replaced by the following:
a. Coverage under this provision is afforded only until the 18e day after you acquire or form the organization or the
end of the policy period,whichever is earlier;
CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office.Inc.,with its permission. Page 4 of 10
The following are added:
C. Blanket Additional Insured—Vendors—AS Required By Contract
1. Section 11—Who Is An Insured is amended to include as an additional insured any pemon(s) or organization(s)
(referred to throughout this endorsement as vendor)with whom you have agreed in a written contract, executed
prior to loss, to name as an additional insured, but only with respect to"bodily injury" or"property damage"arising
out of"your products"which are distributed or sold in the regular course of the vendor's business.
However,
a. The insurance afforded to such vendor only applies to the extent permitted by law;and
b. If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such
vendor will not be broader than that which you are required by the contract or agreement to provide for such
vendor.
2. With respect to the insurance afforded to these vendors,the following additional exclusions apply:
a. The insurance afforded the vendor does not apply to:
(1) "Bodily injury' or"property damage"for which the vendor is obligated to pay damages by reason of the
assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages
that the vendor would have in the absence of the contract or agreement;
(2) Any express warranty unauthorized by you;
(3) Any physical or chemical change in the product made intentionally by the vendor;
(4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the
substitution of parts under instructions from the manufacturer, and then repackaged in the original
container;
(5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make
or normally undertakes to make in the usual course of business, in connection with the distribution or sale
of the products;
(6) Demonstration, installation, servicing or repair operations, except such operations performed at the
vendor's premises in connection with the sale of the product;
(7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container,
part or ingredient of any other thing or substance by or for the vendor, or
(8) "Bodily injury' or "property damage" arising out of the sole negligence of the vendor for its own acts or
omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does
not apply to:
(i) The exceptions contained in Subparagraphs(4)or(6);or
(ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally
undertakes to make in the usual course of business, in connection with the distribution or sale of the
products.
3. This Provision C.does not apply:
a. To any insured person or organization from whom you have acquired such products, or any ingredient. part or
container,entering into,accompanying or containing such products;
b. To any vendor for which coverage as an additional insured specifically is scheduled by endorsement;or
c. When liability included within the"products-completed operations hazard"has been excluded for such product
either by the provisions of the coverage part or by endorsement.
4. With respect to the insurance afforded to these vendors, the following is added to Section III — Limits Of
Insurance
If coverage provided to the vendor is required by a contract or agreement,the most we will pay on behalf of the
vendor is:
a. The minimum amount required by the contract or agreement;or
b. The Limits of Insurance shown in the Declarations;
CG MU 0009 06 22 Includes copyrighted material of Insurance services Office,Inc.,with its permission. Page 5 of 10
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
5. With respect to the insurance afforded to these additional insureds,the following additional exclusion applies:
This insurance does not apply to:
a. "Bodily injury", "property damage" or "personal and advertising injury' arising out of the rendering of, or the
failure to render,any professional architectural,engineering or surveying services, including:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,
surveys,field orders, change orders or drawings and specifications;or
(2) Supervisory,inspection, architectural or engineering activdies.
This exclusion applies even if the claims against an additional insured allege negligence or other
wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, 'If the
"occumence" which caused the "bodily injury' or "property damage", or the offense which caused the
'personal and advertising injury', involved the rendering of or failure to render any professional services
by you with respect to your providing engineering, architectural or surveying services in your capacity as
an engineer, architect or surveyor.
D. Blanket Additional Insured—Lessor Of Leased Equipment
1. Section II—Who Is An Insured is amended to include as an additional insured any person(s) or organization(s)
from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a
contract or agreement, executed prior to loss, that such person(s) or organization(s) be added as an additional
insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for "bodily
injury', "property damage" or"personal and advertising injury' caused by your negligent acts or omissions in the
maintenance,operation or use of equipment leased to you by such person(s)or organization(s).
However,the insurance afforded to such additional insured:
a. Only applies to the extent permitted bylaw;and
b. Will not be broader than that which you are required by the contract or agreement to provide for such
additional insured.
c. Does not apply to any"occurrence" which takes place after the equipment lease expires;
A person's or organization's status as an additional insured under this endorsement ends when their contract or
agreement with you for such leased equipment ends.
2. With respect to the insurance afforded to the Lessor,the following additional exclusions apply:
"Bodily injury"or"property damage"arising out of;
(1) The assumption of liability in a contract or agreement.This exclusion does not apply to liability for damages
that the Lessor would have in the absence of the contract or agreement;
(2) Any express warranty made by the Lessor;
(3) The demonstration,installation,servicing,inspections, adjustments,tests,repair, or maintenance operations
by or for the Lessor;
(4) The negligence or strict liability of the Lessor for its own acts or omissions or those of its employees or
anyone else acting on its behalf;or
(5) Any failure on the part of the Lessor to provide information, instructions and/or warnings with respect to the
maintenance,use or operation of the equipment.
3. With respect to the insurance afforded to these additional insureds, the following is added to Section III —Limits
Oflnsurance:
If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on
behalf of the additional insured is:
a. The minimum amount required by the contract or agreement;or
b. The Limits of Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable Limits Of Insurance shown in the Declarations.
CG MU 0009 06 22 Include.copyrighted materiel of Insurance Services Office,Inc.,with its permission. Page 6 of 10
4. With respect to the insurance afforded to these additional insureds,the following additional exclusion applies:
This insurance does not apply to:
a. "Bodily injury", "property damage" or "personal and advertising injury' arising out of the rendering of, or the
failure to render, any professional architectural,engineering or surveying services,including:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,
surveys,field orders, change orders or drawings and specifications; or
(2) Supervisory,inspection, architectural or engineering activities.
This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing
in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence'
which caused the "bodily injury' or "property damage', or the offense which caused the "personal and
advertising injury", involved the rendering of or failure to render any professional services by you with respect
to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or
surveyor.
E. Blanket Additional Insured—Managers Or Lessors Of Premises
1. Section II—Who Is An Insured is amended to include as an additional insured any persons) or organization(s)
with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, but
only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to
you, subject to the following additional exclusions:
This insurance does not apply to:
a. Any"occurrence"which takes place after you cease to be a tenant in that premises.
Is. Structural alterations, new construction or demolition operations performed by or on behalf of such additional
insured.
However:
a. The insurance afforded to such additional insured only applies to the extent permitted by law; and
b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded
to such additional insured will not be broader than that which you are required by the contract or agreement
to provide for such additional insured.
2. With respect to the insurance afforded to these additional insureds, the following is added to Section III —Limits
Of Insurance:
If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on
behalf of the additional insured is:
a. The minimum amount required by the contract or agreement;or
Is. The Limits of Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
3. With respect to the insurance afforded to these additional insureds,the following additional exclusion applies:
This insurance does not apply to:
a. "Bodily injury", "propeny damage' or "personal and advertising injury' arising out of the rendering of, or the
failure to render,any professional architectural,engineering or surveying services,including:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,
surveys,field orders, change orders or drawings and specifications;or
(2) Supervisory,inspection,architectural or engineering activities.
This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing
In the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence'
which caused the "bodily injury' or "property damage', or the offense which caused the "personal and
advertising injury', involved the rendering of or failure to render any professional services by you with respect
to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or
surveyor.
CG MU 0009 06 22 Includes copyrighted materiel of insurance services Office,Inc.,with its permission. Page 7 of 10
F. Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision—Permits
Or Authorizations
Section 11—Who Is An Insured is amended to include as an additional insured any state or governmental agency or
subdivision or political subdivision with whom you have agreed in a written contract, executed prior to loss, to name
as an additional insured, subject to the following provisions:
1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or
governmental agency or subdivision or political subdivision has issued a permit or authorization.
However:
a. The insurance afforded to such additional insured only applies to the extent permitted by law; and
b. If coverage provided to the additional insured is required by a contract or agreement,the insurance afforded
to such additional insured will not be broader than that which you are required by the contract or agreement
to provide for such additional insured.
2. This insurance does not apply to:
a. "Bodily injury". "property damage"or"personal and advertising injury" arising out of operations performed for
the federal government,state or municipality;or
b. "Bodily injury"or"property damage"included within the"products.compieled operations hazard".
3. With respect to the insurance afforded to these additional insureds. the following is added to Section III —Limits
Oflnsurance:
If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on
behalf of the additional insured is:
a. The minimum amount required by the contract or agreement;or
b. The Limits of Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
4. With respect to the insurance afforded to these additional insureds,the following additional exclusion applies:
This insurance does not apply to:
a. "Bodily injury", "property damage" or "personal and advertising injury' arising out of the rendering of, or the
failure to render,any professional architectural,engineering or surveying services.including:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,
surveys,field orders,change orders or drawings and specifications;or
(2) Supervisory,inspection,architectural or engineering activities.
This exclusion applies even If the claims against an additional insured allege negligence or other wrongdoing
in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence'
which caused the "bodily injury' or "property damage", or the offense which caused the "personal and
advertising injury', involved the rendering of or failure to render any professional services by you with respect
to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or
surveyor.
G. Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision—Permits
Or Authorizations Relating To Premises
Section II—Who Is An Insured is amended to include as an additional insured any state or governmental agency or
subdivision or political subdivision with whom you have agreed in a written contract, executed prior to loss, to name
as an additional insured,subject to the following provision:
1. This insurance applies only with respect to the following hazards for which the state or governmental agency or
subdivision or political subdivision has issued a perk or authorization in connection with premises you own, rent
or control and to which this insurance applies:
a. The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings,
canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk
vaults, street banners or decorations and similar exposures;or
b. The construction,erection or removal of elevators;or
CG MU 0009 00 22 Include.copwighred malarial of Insurance Services Miss, Inc.,with its permission. Page 8 of 10
c. The ownership, maintenance or use of any elevators covered by this insurance.
However,
a. The insurance afforded to such additional insured only applies to the extent permitted bylaw;and
b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded
to such additional insured will not be broader than that which you are required by the contract or agreement
to provide for such additional insured.
2. With respect to the insurance afforded to these additional insureds, the following is added to Section III —Limits
Of Insurance:
If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on
behalf of the additional insured is:
a. The minimum amount required by the contract or agreement;or
b. The Limits of Insurance shown in the Declarations:
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
3. With respect to the insurance afforded to these additional insureds.the following additional exclusion applies:
This insurance does not applyto:
a. "Bodily injury", "property damage" or "personal and advertising injury' arising out of the rendering of, or the
failure to render,any professional architectural,engineering or surveying services,including:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,
surveys,field orders, change orders or drawings and specifications;or
(2) Supervisory,inspection, architectural or engineering activities.
This exclusion applies even if the claims against an additional insured allege negligence or ogler wrongdoing
in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence"
which caused the "bodily injury' or "property damage', or the offense which caused the 'personal and
advertising injury', involved the rendering of or failure to render any professional services by you with respect
to your providing engineering, architectural or surveying services in your capacity as an engineer,architect or
surveyor.
SECTION III—LIMITS OF INSURANCE AMENDMENTS
A. Damage To Premises Rented To You
Paragraph 6. is replaced by the following:
6. Subject to Paragraph S. above, the most we will pay under Coverage A for damages because of "property
damage' to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion or
sprinkler leakage, while rented to you or temporarily occupied by you with permission of the owner is the greater
of:
a. $300,000;or
b. The amount shown next to the Damage To Premises Rented To You Limit in the Declarations.
However, the provisions of this paragraph do not apply if Damage To Premises Rented To You Coverage is
excluded by endorsement.
B. Medical Expense Limit
Paragraph 7. is replaced with the following:
7. Subject to Paragraph S. above, the most we will pay under Coverage C for all medical expenses because of
"bodily injury"sustained by any one person is the greater of:
a. $10,OOO;or
b. The amount shown next to the Medical Expense Limit in the Declarations.
This insurance does not apply if coverage for Medical Expenses is excluded either by the provisions of the
coverage part or by endorsement.
CG MU 0009 O6 22 Includes copyrighted material of Insurance Services Office,Inc., with its permission. Page 9 of 10
SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS AMENDMENTS
A. Knowledge Of Occurrence
Item 2.Duties In The Event Of Occurrence,Offense,Claim or Suit is amended by adding the following:
e. You must give us or our authorized representative prompt notice of an"occurrence", claim or loss only when the
"occurrence",claim or loss is known to:
(1) You, if you are an individual;
(2) A partner,if you are a partnership;
(3) An executive officer or insurance manager, if you are a corporation;or
(4) A member or manager,if you are a limited liability company.
B. Otherinsurance
Item 4.Other Insurance,b.Excess Insurance(1)(a)(ii) is replaced by the following:
(ii) That is fire, lightning, explosion or sprinkler leakage insurance for premises rented to you or temporarily occupied
by you with permission of the owner;
C. Unintentional Failure To Disclose Hazards
Item 6.Representations is replaced by the following:
6. Representations And Unintentional Failure To Disclose Hazards
a. By accepting this policy,you agree:
(1) The statements in the Declarations are accurate and complete;
(2) Those statements are based upon representations you made to us; and
(3) We have issued this policy in reliance upon your representations.
b. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny
coverage under this Coverage Part because of such failure. However.this provision does not affect our right
to collect additional premium or exercise our right of cancellation or non-renewal.
D. Waiver of Subrogation
Item 8.Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following:
We waive any right of recovery we may have because of payments we make for injury or damage arising out of your
ongoing operations or "your work" done under a written contract, executed prior to loss, requiring such waiver with
that person or organization and included in the "products-completed operations hazard". However, our rights may
only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this
Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring
"suit'or transfer those rights to us and help us enforce those rights.
SECTION V—DEFINITIONS AMENDMENTS
A. Insured Contract Amended
Paragraph 9.a. is replaced by the following:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies
any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented
to you or temporarily occupied by you with permission of the owner is nut an"insured contract";
B. Personal And Advertising Injury Redefined
Paragraph 14,d. and e.are replaced by the following:
d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or
organization or disparages a person's or organization's goods, products or service;
e. Oral,written,televised,videotaped or electronic publication of material that violates a person's right of privacy;
CG MU 0009 06 22 Includes copyrighted materiel of Insurance Services Office,Inc., with its permission. 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 or subcontractor engaged in performing
you are performing operations when you operations for a principal as a part of the
and such person or organization have same project.
agreed in writing in a contract or agree-
ment that such person or organization be 2 Additional Insured—Completed Operations
added as an additional insured on your A. Section II —Who Is An Insured is amended
policy;and to include as an additional insured:
(2) Any other person or organization you are (1) Any person or organization for whom
required to add as an additional insured you are performing operations when you
under the contract or agreement de� and such person or organization have
scribed in Paragraph 1. above. agreed In writing in a contract or agree-
Such person(s) or organization(s) is an add- ment that such person or organization be
tional insured only with respect to liability for added as an additional insured on your
nbodily injury', "property damage"or"person- policy;and
al and advertising injury"caused, in whole (2) Any other person or organization you are
or in part, by: required to add as an additional insured
a. Your acts or omissions; or under the contract or agreement de-
scribed in Paragraph 1.above.
b. The acts or omissions of those acting on
your behalf; Such person(s) organization(s) is anr
tional insured onlyly with respect to liabilityy for
o for
in the performance of your ongoing opera- "bodily injury", "property damage"or"person-
bons for the additional insured. al and advertising injuN' caused, in whole or
B. With respect to Additional Insured- Opera- in part, by:
lions,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
service, maintenance or repairs) to be
performed by or on behalf of the addi-
tional insured(s) at the location of the
covered operations has been completed;
or
WN GL 139 0618 Page 1 of 2
Indudes copydglaed material of Insurance services Office,Inc.,with its permission.
B. With respect to Additional Insured — Com- D. With respect to the insurance afforded to
plated Operations, coverage is limited as these additional insureds, the following is
follows: added to Section III—Limits Of Insurance:
(1) A person or organimbon's status as an If coverage provided to the additional insured
insured under Additional Insured—Com- is required by a contract or agreement, the
plated Operations continues only for the most we will pay on behalf of the additional
period of time required by any written insured is:
contract 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
'property damage'or "personal and ad-
Declarations;
vertising injury' arising out of"your work'
for which a consolidated (wrap-up) insur- whichever is less.
ance program has been provided by the This endorsement shall not increase the ap-
prime contractor-project manager or ppcable Limits of Insurance shown in the
owner of the construction project in Declarations.which you are involved.
3. Primary and Noncontributory E. With respect to the insurance afforded to
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:
Primary And Noncontributory Insurance "Bodily injury', "property damage" or "per-
sonal and advertising injury' arising out of
This insurance is primary to and will not seek the rendering of, or the failure to render, any
contribution from any other insurance available professional architectural, engineering or
to an additional insured under your policy pro- surveying services, including:
vided that:
(1) The preparing, approving, or failing to
(1) The additional insured is a Named Insured prepare or approve. maps, shop draw-
under such other insurance:and 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 prr specifications;or
may and would not seek contribution from (2) Supervisory, inspection, architectural or
any other insurance available to the addition- engineering activities.
al insured. This exclusion applies even 'd the claims
4. Other Provisions Applicable to Additional In- against an additional insured allege negli-
sured — Operations and Additional Insured — gence or other wrongdoing in the supervi-
Completed Operations sion, hiring, employment, training or monitor-
A, The Amendment of Insured Contract Definl- ing of others by that insured, IF the "occur-
rence(Endorsement CIS 24 26)does not apply rence" which caused the "bodily injury' or
ton (additional insured. 'property damage", or the offense which
caused the "personal and advertising injury',
B. The coverage provided under Paragraph f. of involved the rendering of or failure to render
the definition of 'insured contract" under any professional services by you with re-
Section V — Definitions does not apply to spect to your providing engineering, architec-
an additional insured under this endorsement tural or surveying services in your capacity
unless required by a written contract or as an engineer, architect or surveyor.
agreement.
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
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to pro-
vide for such additional insured.
WN GL 139 0618 Page 2 of 2
Includes copyrighted materal of Insurance Serrices Office.Inc..with its permission.
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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: 10/22/2024
King County
Trade^ Job Classification Wage Holiday Overtime Note Risk Class
Air,Gas Or Electric
Laborers $63.87 15.1 11P 8Y View
Vibrating Screed
Laborers Airtrac Drill Operator $65.75 151 11P 8Y View
Laborers Ballast Regular Machine $63.87 151 lip 8Y View
Laborers Batch Weighman $54.65 151 11P 8Y View
Laborers Brick Pavers $63.87 151 11P 8Y View
Laborers Brush Cutter $63.87 151 11P 8Y View
Laborers Brush Hog Feeder $63.87 151 11P 8Y View
Laborers Burner $63.87 15.11 11P 8Y View
Laborers Caisson Worker $65.75 151 11P 8Y View
Laborers Carpenter Tender $63.87 15.11 11P 8Y View
Laborers Cement Dumper-paving $64.98 15.11 11P 8Y View
Laborers Cement Finisher Tender $63.87 15.11 11P 8Y View
Change House Or Dry
Laborers $63.87 151 11P 8Y View
Shack
Chipping Gun(30 Lbs.And
Laborers $64.98 15.11 11P 8Y View
Over)
Chipping Gun(Under 30
Laborers $63.87 i5J 11P 8Y View
Lbs.)
Laborers Choker Setter $63.87 15.11 11P 8Y View
Laborers Chuck Tender $63.87 15.11 11P 8Y View
Laborers Clary Power Spreader $64.98 151 11P 8Y View
Laborers Clean-up Laborer $63.87 151 11P 8Y View
Concrete Dumper/Chute
Laborers $64.98 151 i1P 8Y View
Operator
Laborers Concrete Form Stripper $63.87 15.11 11P 8Y View
Laborers Concrete Placement Crew $64.98 15.11 11P 8Y View
Concrete Saw
Laborers $64.98 151 11P 8Y View
Operator/Core Driller
Laborers Crusher Feeder $54.65 151 11P 8Y View
Laborers Curing Laborer $63.87 151 11P 8Y View
Demolition:Wrecking&
Laborers Moving(Intl.Charred $63.87 151 11P 8Y View
Material)
Laborers Ditch Digger $63.87 151 11P 8Y View
Laborers Diver $65.75 151 11P 8Y View
Drill Operator(Hydraulic,
Laborers $64.98 151 11P 8Y View
Diamond)
Laborers Dry Stack Walls $63.87 151 11P 8Y View
Laborers Dump Person $63.87 151 11P 8Y View
Laborers Epoxy Technician $63.87 151 11P 8Y View
Laborers Erosion Control Worker $63.87 151 11P 8Y View
Laborers Faller&Bucker Chain Saw $64.98 151 11P 8Y View
Laborers Fine Graders $63.87 151 11P 8Y View
Laborers Firewatch $54.65 151 11P 8Y View
Laborers Form Setter $64.98 151 11P 8Y View
Laborers Gabian Basket Builders $63.87 151 11P 8Y View
Laborers General Laborer $63.87 151 11P 8Y View
Grade Checker&Transit
Laborers $67.38 i5J 11P 8Y View
Person
Laborers Grinders $63.87 151 11P 8Y View
Laborers Grout Machine Tender $63.87 151 11P 8Y View
Groutmen (Pressure)
Laborers Including Post Tension $64.98 151 11P 8Y View
Beams
Laborers Guardrail Erector $63.87 151 11P 8Y View
Hazardous Waste Worker
Laborers $65.75 151 11P 8Y View
(Level A)
Hazardous Waste Worker
Laborers $64.98 151 11P 8Y View
(Level B)
Hazardous Waste Worker
Laborers $63.87 151 11P 8Y View
(Level C)
Laborers High Scaler $65.75 151 11P 8Y View
Laborers Jackhammer $64.98 151 11P 8Y View
Laborers Laserbeam Operator $64.98 i5J 11P 8Y View
Laborers Maintenance Person $63.87 151 11P 8Y View
Laborers Manhole Builder-Mudman $64.98 151 11P 8Y View
Laborers Material Yard Person $63.87 151 11P 8Y View
Laborers Mold Abatement Worker $63.87 151 11P 8Y View
Motorman-Dinky
Laborers $67.48 i5J 11P 8Y View
Locomotive
nozzleman (concrete pump,
green cutter when using
combination of high
Laborers pressure air&water on $67.38 15J lip 8Y View
concrete&rock,sandblast,
gunite,shotcrete,water
blaster,vacuum blaster)
Laborers Pavement Breaker $64.98 151 11P 8Y View
Laborers Pilot Car $54.65 151 11P 8Y View
Laborers Pipe Layer(Lead) $67.38 151 lip 8Y View
Laborers Pipe Layer/Tailor $64.98 151 11P 8Y View
Laborers Pipe Pot Tender $64.98 151 11P 8Y View
Laborers Pipe Reliner $64.98 151 11P 8Y View
Laborers Pipe Wrapper $64.98 151 11P 8Y View
Laborers Pot Tender $63.87 151 11P 8Y View
Laborers Powderman $65.75 151 11P 8Y View
Laborers Powderman's Helper $63.87 151 11P 8Y View
Laborers Power Jacks $64.98 15.11 11P 8Y View
Railroad Spike Puller-
Laborers $64.98 i5J 11P 8Y View
Power
Laborers Raker-Asphalt $67.38 15.11 11P 8Y View
Laborers Re-timberman $6S.7S 15.11 11P 8Y View
Remote Equipment
Laborers $64.98 151 11P 8Y View
Operator
Laborers Rigger/Signal Person $64.98 151 11P 8Y View
Laborers Rip Rap Person $63.87 151 11P 8Y View
Laborers Rivet Buster $64.98 15.11 11P 8Y View
Laborers Rodder $64.98 151 11P 8Y View
Laborers Scaffold Erector $63.87 151 11P 8Y View
Laborers Scale Person $63.87 151 11P 8Y View
Laborers Sloper(Over 20") $64.98 15.11 11P 8Y View
Laborers Sloper Sprayer $63.87 15.11 11P 8Y View
Laborers Spreader(Concrete) $64.98 151 11P 8Y View
Laborers Stake Hopper $63.87 151 i1P 8Y View
Laborers Stock Piler $63.87 15.11 11P 8Y View
Swinging Stage/Boatswain
Laborers $54.65 15.111 11P 8Y View
Chair
Tamper&Similar Electric,
Laborers $64.98 151 lip 8Y View
Air&Gas Operated Tools
Tamper(Multiple&Self-
Laborers $64.98 15.111 11P 8Y View
propelled)
Timber Person -Sewer
Laborers $64.98 151 lip 8Y View
(Lagger,Shorer&Cribber)
Toolroom Person (at
Laborers $63.87 i5J 11P 8Y View
Jobsite)
Laborers Topper $63.87 151 11P 8Y View
Laborers Track Laborer $63.87 151 11P 8Y View
Laborers Track Liner(Power) $64.98 151 11P 8Y View
Laborers Traffic Control Laborer $58.20 151 11P 9C View
Laborers Traffic Control Supervisor $61.47 151 11P 9C View
Laborers Truck Spotter $63.87 151 11P 8Y View
Laborers Tugger Operator $64.98 151 11P 8Y View
Tunnel Work-Compressed
Laborers $200.40 151 lip 9B View
Air Worker 0-30 psi
Tunnel Work-Compressed
Laborers $205.43 i5J 11P 9B View
Air Worker 30.01-44.00 psi
Tunnel Work-Compressed
Laborers $209.11 i5J 11P 9B View
Air Worker 44.01-54.00 psi
Tunnel Work-Compressed
Laborers $214.81 i5J lip 9B View
Air Worker 54.01-60.00 psi
Tunnel Work-Compressed
Laborers $216.93 i5J 11P 9B View
Air Worker 60.01-64.00 psi
Tunnel Work-Compressed
Laborers $222.03 15J 11P 9B View
Air Worker 64.01-68.00 psi
Tunnel Work-Compressed
Laborers $223.93 15J 11P 9B View
Air Worker 68.01-70.00 psi
Tunnel Work-Compressed
Laborers $225.93 i5J lip 9B View
Air Worker 70.01-72.00 psi
Tunnel Work-Compressed
Laborers $227.93 15.1 11P 9B View
Air Worker 72.01-74.00 psi
Tunnel Work-Guage and
Laborers $67.48 15J 11P 8Y View
Lock Tender
Laborers Tunnel Work-Miner $67.48 15J 11P 8Y View
Laborers Vibrator $64.98 15J 11P 8Y View
Laborers Vinyl Seamer $63.87 15J i1P 8Y View
Laborers Watchman $49.97 15J 11P 8Y View
Laborers Welder $64.98 15J 11P 8Y View
Laborers Well Point Laborer $64.98 15J 11P 8Y View
Laborers Window Washer/Cleaner $49.97 151 11P 8Y View
Signature: a rin Lee(Oct 24,202407:10 PDT) Signature: Kent Parks 24,202410:36 PDT)
Email: glee@kentwa.gov Email: parkscontracts@kentwa.gov
Signature: Chris-fine' Rty ks
Christine Brooks(Oct 24,202416:20 PDT)
Email: cityclerk@kentwa.gov
OPS-102324-Graffitico-ArborHeightsGraffiti Rem
oval
Final Audit Report 2024-10-24
Created: 2024-10-23
By: Shayla Ott(sott@kentwa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAhU3g-QMFLaYwYbrthMIPXdV-iXltEm_U
"OPS-102324-Graffitico-ArborHeightsGraffiti Removal" History
Document created by Shayla Ott (sott@kentwa.gov)
2024-10-23-9:44:20 PM GMT
Document emailed to glee@kentwa.gov for signature
2024-10-23-9:48:05 PM GMT
Email viewed by glee@kentwa.gov
2024-10-24-2:10:27 PM GMT
Signer glee@kentwa.gov entered name at signing as Garin Lee
2024-10-24-2:10:56 PM GMT
Document e-signed by Garin Lee (glee@kentwa.gov)
Signature Date:2024-10-24-2:10:58 PM GMT-Time Source:server
Document emailed to Kent Parks (parkscontracts@kentwa.gov) for signature
2024-10-24-2:11:03 PM GMT
Email viewed by Kent Parks (parkscontracts@kentwa.gov)
2024-10-24-5:30:21 PM GMT
d4 Document e-signed by Kent Parks (parkscontracts@kentwa.gov)
Signature Date:2024-10-24-5:36:15 PM GMT-Time Source:server
Document emailed to Brian Levenhagen (bjlevenhagen@kentwa.gov)for signature
2024-10-24-5:36:19 PM GMT
Email viewed by Brian Levenhagen (bjlevenhagen@kentwa.gov)
2024-10-24-7:37:50 PM GMT
Adobe Acrobat Sign
�p Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov)
Signature Date:2024-10-24-7:38:08 PM GMT-Time Source:server
Document emailed to Robert Haggard (robert@graffitico.com)for signature
2024-10-24-7:38:13 PM GMT
Email viewed by Robert Haggard (robert@graffitico.com)
2024-10-24-8:22:40 PM GMT
Document e-signed by Robert Haggard (robert@graffitico.com)
Signature Date:2024-10-24-8:32:47 PM GMT-Time Source:server
Document emailed to Kim Komoto (kkomoto@kentwa.gov)for signature
2024-10-24-8:32:51 PM GMT
Email viewed by Kim Komoto (kkomoto@kentwa.gov)
2024-10-24-9:00:11 PM GMT
�p Document e-signed by Kim Komoto (kkomoto@kentwa.gov)
Signature Date:2024-10-24-9:00:44 PM GMT-Time Source:server
Document emailed to cityclerk@kentwa.gov for signature
2024-10-24-9:00:49 PM GMT
Email viewed by cityclerk@kentwa.gov
2024-10-24-11:19:24 PM GMT
64 Signer cityclerk@kentwa.gov entered name at signing as Christine Brooks
2024-10-24-11:20:50 PM GMT
Document e-signed by Christine Brooks (cityclerk@kentwa.gov)
Signature Date:2024-10-24-11:20:52 PM GMT-Time Source:server
Q Agreement completed.
2024-10-24-11:20:52 PM GMT
Adobe Acrobat Sign