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HomeMy WebLinkAboutPK16-270 - Original - Entre Prises USA, Inc. - Climbing Wall Inspection Services - 06/20/2016 (E",! cords M n'a', e, KENT W A S H I N G T O N Document rl cr CONTRACT COVER SHEET This its to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Entre Prises USA, Inc. Vendor Number: 72044 3D Edwards Number Contract Number: Ity - This is assigned by City Clerk's Office Project Name: Climbing. Wall Inspection Services at Arbor Heights 360 Park Description: ❑ Interlocal Agreement ❑ Change Order El Amendment X❑ Contract El Other: Contract Effective Gate: 06/20/2016 Termination Date: 09/19/2016 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Andrew Sheridan Department: Parks Maintenance Contract Amount: 3358.72 Approval Authority: X[:] Department Director ❑ Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Climbing wall inspection services at Arbor Heights 360 Park, located at 11525 SE 240¢" _. . v _ mm _ Street, Kent, WA 98032. Inspection services and completion of Inspection Checklist and Certificate as described in the contractor's proposal dated May 17, 2016 attached and incorporated herein as Exhibit A. As of: 08/27/14 KENT W.S-CT.. PUBLIC WORKS AGREEMENT between City of Kent and Entre Prises USA, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Entre Prises USA, Inc. organized under the laws of the State of the State of Oregon, located and doing business at 63085 18th Street, Suite 101, Bend, Oregon 97701, P: 541-388- 5463. and Nate Gray (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Climbing wall inspection services at Arbor Heights 360 Park, located at 11525 SE 24&h Street, Kent WA 98032. Inspection services and completion of Inspection Checklist and Certificate as described in the contractor's proposal dated May 17, 2016 attached and incorporated herein as Exhibit A. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I within 90 days from the date of contract III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Three thousand three hundred fifty eight dollars and 72 cents ($ 3,358.72), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor fifty percent (50%) of the Contract amount upon completion and acceptance of the work by the City, or at such earlier time as the City may determine is appropriate. The City will pay the remaining Contract amount upon fulfillment of the conditions listed below and throughout this Agreement. A. No Payment and Performance Bond. Because this contract, including applicable sales tax, is $35,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the City retain the final fifty percent (50%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and PUBLIC WORKS AGREEMENT- 1 ($20K or Less and No Performance Bond) the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Defective or Unauthorized Work, The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred ---- ---by the City:- "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. C. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. PUBLIC WORKS AGREEMENT - 2 ($20K or Less and No Performance Bond) B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. PUBLIC WORKS AGREEMENT- 3 ($20K or Less and No Performance Bond) At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall promptly correct all defects in workmanship and materials: (1) when Contractor knows or should have known of the defect, or (2) upon Contractor's receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. PUBLIC WORKS AGREEMENT - 4 ($20K or Less and No Performance Bond) XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. _- -_ XII:___INDEMNIFICATION.--- Contractor-shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. 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 PUBLIC WORKS AGREEMENT - 5 ($20K or Less and No Performance Bond) 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 XII 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 Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not.be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Reauired. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute PUBLIC WORKS AGREEMENT - 6 ($20K or Less and No Performance Bond) 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. CONTRACTOR: c17T By. - --- ... _ _ - \ ( ignature (signature) Print Na e: ����. - r�. r_ 7atw<� Prin Name: Garin Lee] Its Its: Parks Operations Superintendent DATE: U\g1 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Nate Gray Andrew Sheridan Entre Prises USA, Inc. City of Kent 63085 18th Street, Suite 101 220 Fourth Avenue South Bend, OR 97701 Kent, WA 98032 (541) 338-5463 or (253) 856-5122 or (telephone) (541) 419-5776 (telephone) (253) 561-1850 (541) 388-3248 (facsimile) (253) 856-6120 (facsimile) [In this field,you may enter the electronic filepath when:the contract has been saved) PUBLIC WORKS AGREEMENT - 7 ($20K or Less and No Performance Bond) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies-.-- The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. S. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A ENTRE V�PRISES Climbing Walls CLIMBING WALL INSPECTION PROPOSAL Date: 5117116 Ann:City of Kent Contact:Andy Sheridan Arbor 360 climbing wall Email:ALShe2er idan2KennNArgOV 220 Fourth Ave.South Kent,WA 98032 Phone:253.856.5136 Job number: 1846 Freeform surfam Imprint Surface: Total surface of the wall: 200 m2 2,152 sf1 INSPECTION: EP Inspector. 1 ea $1,352.47 $1,352.47 Inspection report: 1 ea $125.00 $125.00 Expenses; 1 ea $881.25 $881.25 Routesetfing 1 ea 1 $700.00 S700.00 Equipment 1 eat $300,00 $300,00 TOTAL BY EP: $3,358.72 not inclumng taxes TccepteB 6y Title Date tjQTE ! Equipment includes the handholds and bolts requirecl for routes Actual Expenses: Plane Ticket a ea $00.00 Luggage 0 ea $40.00 Hotel 2 nghts $115,00 $230.00 Per Oiem 3 days $55.00 $165,00 Travel comp I days $300,00 $300.00 Transportation I days $11S.00 $115.00 Tools/Supplies I ea $85,00 $71.25 Enure Pnses USA,62085 181h Street,Su�je 101, Send OR 97701 Phone:(541)368-5461;Far(541)388.3248; wwmepusa,rom TERMS AND CONDITIONS OF INSPECTION SERVICE THIS ESTIMATE IS GOOD FOR 30 DAYS FROM DATE SHOWN ABOVE 11 Inspection report will Include current wall status and recomendations for future wall maintalnence and use.Minor maintenance will be accomplished If possible during the Inspection,but any additional time required will be billed at day rate plus expenses,with prior written approval.Sec scope of Inspection and report below for more Information. 2)The expenses include sirfare,hotel,per diem and rental car. GENERAL EP USA agrees to carry out an Inspection of the owners climbing wall described in the Maintenance Quotation attached hereto,in accordance with these Terms and Conditions. TIMING OF INSPECTIONS While there are no notionally mandated requirements for the maintenance and Inspection of dlmbing facilities,the Climbing Wall _Assodsdon does provide recommendations.As the standard-setting organization forthemenufactured climbing wall industry,the CWA notes that Inspection _ frequency varies with the specificities of the climbing surface and thus should be determined by the manufacturer.In every case,an Initial Inspection should be cabled out before first use of the climbing surface.Entre-Prins USA recognizes the expertise of the CWA and values the safety of Its customers and therefore recommends on Inspection schedule of at feast avery2 Vests far climbing walls. SCOPE OF INSPECTION The wall will be Inspected In detail and we will provide■detailed Inspection Report,Identifying any maintenance needed.Some such maintenance could be carried out at the time of Inspection for no cost(i.e.,tightening loose boltsl,and other work could be done for the cost of the replacement parts that the technician has on hand.Yet other maintenance may need additional authorization and would need to be scheduled for a later date, The scope of this inspection Is limited to an examination of the safety and readily accessible portions of the primary support structure and building connectlens,it,.aacondary support structure,the anchors,climbing surface,equipment and climbing area for conditions which are adversely affecting their normally Intended function or operation within the limits set forth In these Conditions and the Inspection Report. Excluded is any Inspection of Items or equipment not Included In the inspection Report including but not limited to thefollowing;any Information Pertaining to other manufacturers'recalls of any component and any recertification of sutobelsys. This Inspection is not tethnicallyeshousove.This is not an engineering inspection of analysis and no engineering tests will be made.Noexaminationwill be made to determine compliance with any governmental ordinance regulation or coda. EP USA Is not responsible for any condition affecting any system or component which omit subsequent to the inspection or that Is not detectable during the inspection. REPORT AND CERTIFICATE OF INSPECTION Upon completion of the Inspection a detailed Inspection Report will be provided,including the Items Inspected.method of Inspection,Issue(If any) requiring maintenance,and any further action required. On completion of the inspection a Certificate will be Issued confirming that the wall has been professionally Inspected,and If no problems were found, that at the time of inspection the wall was found to be safe for Its Intended use. ACCESS Customer agrees to provide access to the equipment during normal working hours,at a time when the wall Is not In use by climbers. PRICE AND PAYMENT Customer shall pay EP USA far the services the total Indicated on the attached Maintenance Quotation. Customer than pay a late charge on any amount which remains unpaid 4S days after Its due date.Overdue accounts shall bear Interest at the rate of 19%per year. GUARANTEES AND LIABILITY LIMITEDWARRANTY EP USA warrants to Customer that the services will conform to the description set forth In the Maintenance Quotation.EP USA's sole liability under the foregoing warranty shall be to provide the services described In Maintenance Quotation.THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS,AND FITNESS FOR A PARTICULAR PURPOSE.EP USA warrants that It will perform all servces In a good,wotkmanlBm and professional manner,In accordance with the specifications,drawinas,samples or other data or descriptions provided by Customer. LIMITATION OF LIABILITY EP USA's liability on any claim,loss or liability arising out of or connected with the services provided,shall In any case be limited solely to correction of the nonconformitles which do not substantially conform with the agreed description of services In the Maintenance Quotation. If for any mason EP USA is unable or fails to correct nonconfonnioes as provided,EP USA's liability for damages arising out of env such failure,whether In contract or ton(including negligencel,law or equity,shall not exceed the amounts paid by customer for that portion of the services which fall to conform. EP USA shall never be liable to customer for lost profits,Incidental,special,punitive or consequential damages in any nature thereof,and whether or not the possibility of such damages has been disclosed to EP USA in advance or could have been reasonably foreseen by EP USA,or for any claim or damage asserted by any third parry. Any alterations,additions or repairs to the climbing wall,unless authorized by EP USA,may terminate all obligations herein. Any estimated date given for completion of any work shall not be of the essence of the agreement and EP USA shall incur no liability whatsoever for failure to complete by such data. EP USA,In providing the Inspection service,shall not be liable for any loss,damage,or any failure in the Customer's goods or any defect In them save to the extent that such loss,damage,(allure or defect Is caused by EP USA's negligence and notification thereof is receive by EP USA In writing within 14 days of the data Customer discovered the loss,damage,failure or defect or ought reasonably to have discovered the nine.Without prejudice to the generality of the foregoing,EP USA shill not be liable where such loss,damage,failure or defect is the result of the goods comprising old or worn materials or parts(not supplied by EP USA)or having been assembled,Installed,altered or stored Incorrectly(other than by EP USA). FORCE MAIEURE EP USA shall not be liable or deemed at fault for any delay or failure In performance under this Agreement for Interruption of service resulting from acts of Ood,civil or military authority,labor disputes,shortages of suitable pans,materials,labor or transportation,or any similar muse beyond EP USA's reasonable contral. GOVERNING LAW In the event any dispute arises regarding the Agreement or the contents of the Inspection Report It Is agreed that all parties shall attempt in good faith to settle such disputes between themselves. This Agreement shalt be governed by the laws of the state of Oregon,USA.If any term or provision of this Agreement Is determined to be legally Invalid or unenforceable by.court with lawful jurisdiction(excluding arbitrators),such term or provislon shall not affect the vaiidiry or enforceability of any remaining terms or provisions of this Agreement,and the court shall,so far as possible,construe the invalid portion to implement the original intent thereat. IstrtlALSIDATE / Entre Prises USA,63085 18th Street,Suita 101,Band OR 97701 Phone:(541)388-5463;Fax:(541)388.3248;www.epusa.com � p ® a r T Y w , g l A I ) t r � � rewKK n r r (( qW 7y WW Gj On- ter x CLIENT:� ��l"..."�,,�,.�..,.,.,.."�1.1.�1.1.��........... ................................ ......................................... ................................. .......... .................. ............................ ORIGINAL EP JOB TITLE AND #: -.................... ..................-- -- --............... .........................1-............... .......... ..............-.......... .............. ADDRESS OF THE WALL INSPECTED: DATE(S) OF INSPECTION: --1111-11-.......... ..........-.--.......................... ...........- ........... ............ ..................................... .................................-.............. PREVIOUS INSPECTIONS: ....................................................................................................... .................................... ........... ...................................... .............. INSPECTED BY: ................I-- - -.- .............- .......... ........ ............. ............. ..................... ONSITE CONTACT: .......................- --................ ................ .......... ............................. ..............- REPORT TO BE SENT TO: ............... ................. EMAIL: ,1-11-11-.......... ............................................. ..........-.............-........................ .......................................................... ........... PHONE NUMBER: -.1-1-............................ ......................................................... .................................................................---..................................................- ............................................... .......................................... The objecf of this visit is to inspect the following: - Primary Support Structure and Building Connecfions - Secondary Support Structure - Anchors - Climbing Surface - Equipment - Climbing Area ACS (ARTIFICIAL CLIMBING STRUCTURE) SURFACE TYPE: 0 FREEFORM 0 IMPRINT 0 CRYSTAL PLYWOOD 0 MOZAIK 0 DURASTONE 0 DRY ICE 0 SHELL CONCRETE 0 CLIP N' CLIMB MARKING DOES THE WALL HAVE AN EP LOGO : 0 YES 0 NO 1 PRIMARY UPC T STRUCTURE CONNECTION TO BUILDING AND SUPPORT COLUMNS, STEEL FRAMES- - ITEMS TO INSPECT METHOD OF ISSUE IF NOTED WAS THIS ISSUE i WAS THIS ISSUE FURTHER ACTION INSPECTION WOULD REQUIRE NOTED? ADDRESSED I REQUIRED? MAINTENANCE DURING I INSPECTION?' :................................ NO YES °, STOP USE WELDS € VISUAL SIGNS VISUAL YES NO I YES NO OF CRACKING BOLTED CONNECTIONS VISUAL + MISSING YES NO YES NO STEEL-TO-STEEL .................. ............... _.., _. MANUAL FOUND LOOSE YES NO YES NO WRENCH VISUAL PRESENCE Of YES NO ':. YES NO i 3 CORROSION BUILDING CONNECTION VISUAL MISSING YES NO YES NO ANCHORS MECHANICAL/EPDXY .................. .,.. ..... STEEL-TO-CONCRETE MANUAL FOUND LOOSE YES NO YES NO WRENCH .................................................... ................._.. _.. ..........., VISUAL I PRESENCE OF YES NO :'•. YES NO CORROSION .........................._.............._......................p............................,. ,......._ ............ CONDITION OF SUPPORT VISUAL DEFORMATION, STRUCTURE ? CRACKING, YES NO YES NO COROSION' NOTES SECONDARY SUPPORT STRUCTURE INTERNAL PIPE/SCAFFOLD STRUCTURE ITEMS TO INSPECT METHOD OF ISSUE IF NOTED ? WAS THIS ISSUE WAS THIS ISSUE ? FURTHER ACTION INSPECTION WOULD REQUIRE NOTED? ADDRESSED REQUIRED? MAINTENANCE DURING INSPECTION? w..._.....r.................... i NO I YES SHOP ......................... .. ....... WELDS3 VISUAL SIGNS VISUAL ? OF CRACKING YES NO YES NO BOLTED CONNECTIONS VISUAL MISSING YES NO ? YES NO MANUAL FOUND LOOSE YES NO YES NO WRENCH VISUAL PRESENCE OF YES NO x YES NO i a CORROSION t GENERAL CONDITION t VISUAL MISSING YES NO YES NO OF THE STEEL (ANGLE CLIPS,PIPE, i..................... .............. ...._....................................................... ......... CORENER,BRACKETS) MANUAL FOUND LOOSE ? YES NO YES NO T WRENCH 7 .... ...... ..................._.............a...._....................................... ........ 1 ' VISUAL "€ PRESENCE OF YES NO ? YES NO CORROSION f NOTES 4 t • N N SSS MEN= ANCHORS ITEMS TO INSPECT METHOD OF ? ISSUE IF NOTED WAS THIS ISSUE a WAS THIS ISSUE FURTHER ACTION INSPECTION WOULD REQUIRE NOTED? ADDRESSED REQUIRED? MAINTENANCE DURING I ! INSPECTION? NO YES; STOP USE _................ .........._......... ................ BELAY VISUAL j NUMBER OR LOCATIONS E CYO NOT CONFORM TO YES NO i YES NO . MANUFACTURERS INSTRUCTIONS ! i 1 t a t TOP ROPE ANCHORS MANUAL FOUND LOOSE YES NO YES NO 3 WRENCH : k : ! ; VISUAL PRESENCE OF CORROSION YES NO YES NO : i 7 .. ! k i SIGNS OF EXCESS WEAR YES NO YES NO ! LEAD ANCHORS MANUAL WRENCH FOUND LOOSE, YES NO YES NO i DEFORMATION, VISUAL CRACKING, YES NO' YES NO 3 CORROSION i NOTES I CLIMBING SU ITEMS TO INSPECT METHOD OF 15SUE IF NOTED ? WAS THIS ISSUE WAS THIS ISSUE FURTHER ACTION INSPECTION WOULD REQUIRE NOTED? ADDRESSED ; REQUIRED? MAINTENANCE DURING ' INSPECTION?' f..................t,....,.......................,. NO YES $ STOP USE _........._..._........ ......................... ._.. ... ..., E 3.. SURFACE ANCHORAGE/ VISUAL CRACKING YES NO :` YES NO STABILITY .............. a......._............................... :.......... 3.. SURFACE CONDITION VISUAL DEGRADATION OF YES NO YES NO ; 3 COATING/CRACKING . ..................._.................... ............... . _... T-NUTS MANUAL MISSING/FOWLED YES NO YES NO THREADS HANDHOLDS z VISUAL CRACKING YES NO Y YES NO MANUAL FOUND LOOSE YES NO YES NO ! f NOTES I EQUIPMENT E ITEMS TO INSPECT mETHOD OF ; ISSUE IF NOTED WAS THIS ISSUE WAS THIS ISSUE FURTHER ACTION INSPECTION WOULD REQUIRE NOTED? ADDRESSED ? REQUIRED? E MAINTENANCE DURING .........,.................: INSPECTION? NO s YES SUSS a TOP ROPE AND LEAD VISUAL ! SIGNS OF EXCESS WEAR YES NO YES NO EQUIPMENT x (FRAYING,FADING FROM g (DRAWS,t.�UICKCIWKS, UV,DAMAGE TO BINERS/ BIWER,ETC.) OUS,GATE ORIENTATION/ i OPERATION) ROPES IN USE VISUAL SIGNS OF EXCESS WEAR I YES NO YES NO i (EXCESSIVE FRAYING, i EXPOSED CORE, SHEALTH SLIPPAGE) i NOTES l a z CLIMBING AREA ITEMS TO INSPECT METHOD OF ISSUE IF NOTED WAS THIS ISSUE WAS THIS ISSUE FURTHER ACTION INSPECTION WOULD REQUIRE NOTED? ? ADDRESSED REQUIRED? MAINTENANCE DURING INSPECTION? STOP' NO YES USE ..............................................................__..........;...................... ...... ..................,,....,...................... 1 ? 3 PRESENCE OF OBSTACLES VISUAL PRESENCE OF YES NO ? YES NO HAZARDOUS ELEMENTS i E 7 NOTES OBSERVATIONS AND SPECIFIC RECOMMENDATIONS CERTIFICATE OF INSPECTION This is f o-certify that an inspection of the climbing structure detailed below has been completed. Please post this certificate in public view adjacent to the climbing structure. CLIENT -1-1-1.11..........---1.1----.............................. ............... .......... ...........- ...........- ........... ........... CERTIFICATE NUMBER -1.1-111................ ............ ........................ ........... ADDRESS -.-...................................... ........... .............-............ .................- ....................................... .......... ........... ............. ................ CONTACT .............. .......... ........... .............. ..........1.1-1..............- ............ WALL DETAILS ....................... ..................- ................ ............... ............. ..................... .......... ............ DATE OF CONSTRUCTION ............1.1-111-1 ............................................. ......................... ............ ............. INSPECTED BY ..................... ........................ ............-............ DATE OF INSPECTION ....................-....................... ............. ...........I.............I................................... ........................- ................... ............................................ .............. NON CONFORMANCES ............. ............ ............................­�............ ................................................................................. ........... DATE OF NEXT MAIN INSPECTION ..................................... -...................................... 1.11............................. ..................................... .......................... ............................... On the date of inspection, the climbing structure was found to be safe and ready for use. We strongly advise that if is re-inspected every two years of use. Signed Date ENTRE PRESES 63085 18TH STREET, SUITE 101, BEND, OREGON 97701 1 541.383.5463 1 WWW.EPUSA.COM I INFO@EPUSA.COM EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant 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 Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (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. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000general EXHIBIT B (Continued) aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less - - -- -- than-$1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. ACCO o® CERTIFICATE OF LIABILITY INSURANCE DATE(MMfDDIYYY1) 5/26/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Brown &Brown Northwest NAME: Julie Hammond 296 SW Columbia St., Suite D 641-749-4958 FAX No: 541-749-4959 Bend, OR 97702 AODRIEss: 'hammond bbnw.com INSURERS AFFORDING COVERAGE NAIC If www.bbnw.com INSURERA: Great American E&S Insurance 37532 INSURED INSURER B: Oregon Automobile Ins Co 23922 Entre Prises USA Inc INSURERC: SAIF CO oration 36196 63085 18th Street INSURER D: Zurich American Insurance Co 16535 Suite 101 Bend OR 97701 INSURER E: Certain Lloyds of London INSURER F COVERAGES CERTIFICATE NUMBER: 30110182 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INTR ADDL SUBR POLICY EFF POLICY EXP LIMITS TYPEOFINSURANCE POLICYNUMBER MMIDD MMIDD A ✓ COMMERCIAL GENERAL LIABILITY ✓ PL527954112 7/1/2015 7/1/2016 EACH OCCURRENCE $ 1,000,000 DAMAGEN 300,000 CLAIMS-MADE a OCCUR PREMISES Ea occurrence 3 Washington Stop Gap MED EXP(Any one person) $ 5,000 / PERSONAL 8 ADV INJURY S 1,000,000 GENERAL AGGREGATE 5 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 2,000,000 POLICY L JECT LOC PRODUCTS-COMPIOPAGG S $ OTHER: COMBINED SINGLE LIMIT S B AUTOMOBILE LIABILITY C06176030 7/1/2015 7/1/2016 Eaaccldent 1000000 BODILY tNJURY(Per person) $ ✓ ANY AUTO OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS PROPERTY DAMAGE y HIRED NON-OWNED Per ace tlent ✓ AUTOS ONLY AUTOS ONLY $ A UMBRELLA LIAB HOCCUR UM557420113 7/112015 7/1/2016 EACH OCCURRENCE $ 5,000,000 EXCESS UAB CLAIMS-MADE AGGREGATE $ 5,000,000 DIED I ✓I RETENTIONS 10,000 $ C WORKERS COMPENSATION 959833(Oregon) 7/1/2015 7/112016 / STATUTE ERH D AND EMPLOYERS'LIABILITY YIN WC9663307(Multi-State) E.L.EACH ACCIDENT S 7/1/2015 7/1/2016 1,000,000 ANYPROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBEREXCLUE NIA E.L.DISEASE-EA EMPLOYEES 1,000.00 0 (Mandatory In NH) If yes,describe under E.L.DISEASE-POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS below B Installation Floater C06176030 711/2015 7/1/2016 300,000 B Inland Marine-Leased/Rented Equip C06176030 7/112015 7/1/2016 100,000 E Professional Liabili $i0 000 Ded LP01470 9/912015 9/9/2016 $1 000 000 Ea Claiml$2 000 000 A gg DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101.Additional Remarks Schedule,maybe attached If more space Is required) RE:Any and all operations of the insured. Form CG2037 04/2013 and AES3206 0512010 attached CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 4th AV S ACCORDANCE WITH THE POLICY PROVISIONS. Kent WA 98032 AUTHORIZED REPRESENTATIVE Julie Hammond ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 30110182 115-16 GL-Auto-IF-WC.I Julie Hammond 15/26/2016 3:01:06 PM (PDT) I Page 1 of 6 This certificate cancels and supersedes ALL previously issued certificates. Great American E&S Ins Policy No PL527954112 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETE[3 OPER-ATIONs This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations As Required By Written Contract As Required By Written Contract Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II —Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s)or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section Ili—Limits Of insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused,in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and Required b the contract or agreement;or included in the "products-completed operations q y g hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The Insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law;and Limits of Insurance shown in the Declarations. 2. 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. CG 20 37 0413 ©Insurance Services Office,Inc.,2012 Page 1 of 1 30110182 115-16 GL-Auto-IF-WC I Julie Hammond 15/26/2016 3:01:06 PM (PDT) I Page 2 of 6 This certificate cancels and supersedes ALL previously issued certificates. Great American E&S Ins Policy No PL527954112 AES 3206 (Ed. 05 10) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIALTY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is a summary of the Limits of Insurance and additional coverage provided by this endorsement For complete details on specific coverages, consult the Policy contract wording. Sublects of Insurance Non-Owned Watercraft up to 51 feet Non-Owned Aircraft Chartered with Crew Medical Expenses - $5,000 Limit Medical Expenses - Completed Operations - Dental Services Who Is an Insured: - Fellow Employee Coverage - Broadened Named Insured Additional Insured - Ongoing Operations (Subject to Exclusions) Additional Insured - Vendors (Subject to Exclusions) Fire Legal Liability - $300,000 Limit Broad Notice of Occurrence Unintentional Errors or Omissions Waiver of Subrogation Non-Employee Discrimination Incidental Malpractice Liability Contractual Liability for Railroad Exposures The following amends the Commercial General Liability Coverage Part NON-OWNED WATERCRAFT SECTION I - COVERAGES, Coverage A Bodily Injury and Property Damage Liability, 2. Exclusions, S. Aircraft, Auto or Watercraft, (2), is deleted and replaced with the following: 3ASS232@66 (&6tV1544:0)i)(St Hammond 1 5/26/2016 3:01:06 PM (4$gQagl *6 7) This certificate cancels and supersedes ALL previously issued certificates. (2) until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part 3. Any organization that you own at the inception of this Policy, or any organization you newly acquire __.or_form—other than a partnership, joint venture or limited liability company, and over which you maintain during the policy period majority ownership or majority interest, will qualify as a Named- Insured if: a. there is no other similar insurance available to that organization; and b. the first Named Insured shown in the Declarations has the responsibility of placing insurance for that organization; and c. that organization is incorporated or organized under the laws of the United States of America. However: (1) coverage under this provision 3. is afforded only until the next occurring annual anniversary of the beginning of the policy period shown in the Declarations, or the end of the policy period, whichever is earlier; and (2) coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and (3) coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. ADDITIONAL INSURED - ONGOING OPERATIONS The following is added to SECTION 11 - WHO IS AN INSURED - SECTION 2.: e. Any person or organization (called additional insured) that you are required to add as an additional insured on this Policy under: (1) a written contract or agreement or; (2) an oral contract or agreement where a certificate of insurance showing that person or organization as an additional insured has been issued; however the written or oral contract must be: (a) currently in effect or becoming effective during the term of this Policy; and V executed prior to the 'bodily injury," "property damage," "personal injury," or "advertising injury" which first manifests on or after the date of the inception of this policy period, as shown in the Declarations Page of the Policy but prior to the earlier of the date of expiration or cancellation of this Policy. With respect to the insurance afforded such additional insured, the following additional provisions apply: (1) that person or organization is only an additional insured with respect to liability arising out of: (a) premises or equipment you own, rent, lease, or occupy; or 3ASS23206 W+-dutO&A--Miµ S Hammond 1 5/26/2016 3:01:06 PM (Jpag&aA *fi 7) This certificate cancels and supersedes ALL previously issued certificates. (b) your ongoing operations performed for that additional insured by or for you. The insurance provided to such additional insured does not apply to "bodily injury" or "property damage" included within the "products—completed operations hazard." (2) The Limits of Insurance applicable to any such additional insured are those specified in the __wr_itten_contract or agreement or in the Declarations for this Policy, whichever are less and are subject to the terms and conditions of this Coverage Form. These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. (3) A person's or organization's status as an additional insured under this endorsement ends 30 days after your operations or agreement for that additional insured are completed or cease, or the expiration of this Policy, whichever is earlier. The insurance provided to any additional insured does not apply to "bodily injury," "property damage," "personal injury," or "advertising injury" arising out of an architect's, engineer's, or surveyors' rendering of or failure to render any professional services including: (1) the preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; and (2) supervisory, inspection, or engineering services. It is further agreed that this insurance shall be primary and noncontributory, but only in the event of the Named Insured's sole negligence. ADDITIONAL INSURED - VENDORS The following is added to SECTION II — WHO IS AN INSURED — 2: f. Any person or organization (referred to below as vendor), 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, subject to the following additional exclusions: (1) The insurance afforded the vendor does not apply to: (a) "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, (b) any express warranty unauthorized by you; (c) any physical or chemical change in the product made intentionally by the vendor; (d) repackaging, unless 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; (a) 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. (f) demonstration, installation, servicing or repair operations, except such operations performed by the vendor in full compliance with the manufacturer's written instructions at the vendor's premises in connection with the sale of the product; 3AES23206s 4EGIvtQ 5,14-1+1)JXS Hammond 1 5/26/2016 3:01:06 PN (l('ag&aFD � V) This certificate cancels and supersedes ALL previously issued certificates. WAIVER OF SUBROGATION SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS - 8., is deleted and replaced with the following: S. Transfer or Rights of Recovery Against Others to Us a. If the Insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The Insured must do nothing after loss to impair those rights. At our request, the Insured will bring "suit" or transfer those rights to us and help us enforce those rights. b. If required by a written "insured contract" executed prior to the occurrence or offense, we waive any right of recovery we have against any person or organization named in such "insured contract," because of payments we make for injury or damage arising out of your ongoing operations or "your work" for that person or organization. NON EMPLOYMENT DISCRIMINATION LIABILITY Unless Coverage B Personal and Advertising Injury Liability is excluded from this Policy, the following applies: The following is added to SECTION V - DEFINITIONS, 14. "Personal and advertising injury": h. discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury" and not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured INCIDENTAL MALPRACTICE LIABILITY The following is added to SECTION V - DEFINITIONS: 23. "Incidental Medical Malpractice" means injury arising out of the negligent rendering or failure to render medical or paramedical services to persons by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services provided you are not engaged in the business or occupation of providing any services referred to in this definition. CONTRACTUAL LIABILITY FOR RAILROAD EXPOSURES SECTION V - DEFINITIONS - 9. "Insured Contract" f.{t}, is deleted in its entirety. This endorsement does not change any other provision of the Policy. 3AES23206 (E-dutQ5r/%7-U)JXS Hammond 1 5/26/2016 3:01:06 PM (E?agepa;& C)* 71 This certificate cancels and supersedes ALL previously issued certificates. A�® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDQrrYYY) 6/21/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Brown & Brown Northwest NAME: Julie Hammond 296 SW Columbia St., Suite D PHONE 541-749-4958 (FAX,No): 541-749-4959 Bend, OR 97702 E-MAIL ADDRESS: 'hammond bbnw.com INSURER(S)AFFORDING COVERAGE NAIC# www.bbnw.com INSURERA: Great American E&S Insurance 37532 INSURED INSURER B: Ore on Automobile Ins Co 23922 Entre Prises USA Inc INSURERC: SAIF Corporation 36196 63085 18th Street Suite 101 INSURERD: Zurich American Insurance Co 16535 Bend OR 97701 INSURERE: Certain Lloyds of Landon INSURER F: COVERAGES CERTIFICATE NUMBER: 30505952 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR A1313LISUBR POLICY EXP LIMITS LTR TYPEOFINSURANCE POLICYNUMBER MMlQ MMIDD A �/ COMMERCIAL GENERAL LIABILITY ✓ PL9833376 711/2016 7/1/2017 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTE15- CLAIMS-MADE FI/I OCCUR PREMISES Ea occurrence $ 300,000 ✓ Washington Stop Gap MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ✓❑JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: B AUTOMOBILE LIABILITY C07176030 7/1/2016 7/1/2017 COMBINED tSINGLE LIMI $ 1,000,000 ✓ ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ ✓ AUTOS ONLY AUTOS ONLY Para 'd nt A UMBRELLA LIAB OCCUR UM9833376 711/2016 7/1/2017 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED I ✓I RETENTIONS10,000 $ C WORKERS COMPENSATION 959833(Oregon) 7/1/2016 711/2017 / STATUTE ERH D AND EMPLOYERS'LIABILITY YIN WC9663307(Multi-State) 7/1/2016 711/201 I ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 FN NIA OFFICER/MEMBEREXCLUDED9 (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ 1 000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I S 1,000,000 B Installation Floater C06176030 7/1/2016 7/1/2017 300,000 B Inland Marine-LeasedlRented Equip C06176030 7/1/2016 7/1/2017 100,000 E Professional Liability $10 000 Ded LP01470 919/2015 9/9/2016 $1 000 000 Ea Claiml$2 000 000 Agg DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) RE:Any and all operations of the insured. Form CG2037 04/2013 and AES3206 05/2010 attached CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2 Cli 4th AV S ACCORDANCE WITH THE POLICY PROVISIONS. Kent WA 98032 AUTHORIZED REPRESENTATIVE Julie Hammond ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 30505952 1 16-17 GL-Auto-IF-WC I Julie Hammond 16/21/2016 4:54:16 PM IPDTI I Page 1 of 6 This certificate cancels and supersedes ALL previously issued certificates. COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations As Required By Written Contract As Required By Written Contract Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II —Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s)or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused,in whole or in part,by required by a contract or agreement, the most we .your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement;or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law;and Limits of Insurance shown in the Declarations. 2. 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. CG 20 37 0413 ©Insurance Services Office,Inc.,2012 Page 1 of 1 30505952 116-17 GL-Auto-IF-WC I Julie Ha=ond 1 6/21/2016 4:54:16 PM (PDT) I Page 2 of 6 This certificate cancels and supersedes ALL previously issued certificates. AES 3206 (Ed. 05 10) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIALTY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is a summary of the Limits of Insurance and additional coverage provided by this endorsement For complete details on specific coverages, consult the Policy contract wording. Subjects of Insurance Non—Owned Watercraft up to 51 feet Non—Owned Aircraft Chartered with Crew Medical Expenses — $5,000 Limit Medical Expenses — Completed Operations — Dental Services Who Is an Insured: — Fellow Employee Coverage — Broadened Named Insured Additional Insured — Ongoing Operations (Subject to Exclusions) Additional Insured — Vendors (Subject to Exclusions) Fire Legal Liability — $300,000 Limit Broad Notice of Occurrence Unintentional Errors or Omissions Waiver of Subrogation Non—Employee Discrimination Incidental Malpractice Liability Contractual Liability for Railroad Exposures The following amends the Commercial General Liability Coverage Part NON-OWNED WATERCRAFT SECTION I - COVERAGES, Coverage A Bodily Injury and Property Damage Liability, 2. Exclusions, S. Aircraft, Auto or Watercraft, (2), is deleted and replaced with the following: 3AES23206 (EdPtVl rbtO)jX& Hammond 1 6/21/2016 4:54:16 PH 14'2g&a4k 30* 7) This certificate cancels and supersedes ALL previcuely issued certificates. This exclusion does not apply to: (2) a watercraft that you do not own that is: (a) less than 51 feet long; and (b) not being used to carry persons or property for a charge; NON-OWNED AIRCRAFT The following is added to SECTION I - COVERAGES, Coverage A Bodily Injury and Property Damage Liability, 2. Exclusions, S. Aircraft, Auto or Watercraft This exclusion does not apply to: (6) An aircraft in which you have no ownership interest and that you have chartered with crew. MEDICAL PAYMENTS Unless Coverage C Medical Payments, or the Products-Completed Operations Hazard has been excluded from this Policy, the following applies: SECTION I - COVERAGES, Coverage C Medical Payments, 2.f. is deleted and replaced with the following: f. Products - Completed Operations Hazard Included within the "products-completed operations hazard." However, this exclusion does not apply to expenses for dental services. SECTION III - LIMITS OF INSURANCE - 7., is deleted entirely and replaced with the following: 7. Subject to paragraph 5. above, the Medical Expense Limit is 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. 45,000 any one Person; or b. the Medical Expense Limit shown in the Declarations. WHO IS AN INSURED SECTION II - WHO IS AN INSURED is deleted entirely and replaced with the following: 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. AES 3206 (Ed. 05/10) XS Page 2 of 7) d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, and your "employees," other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" is an insured for: (1) "Personal and advertising injury": (a) to you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business: (b) to the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of paragraph (1)(a) above; (c) for which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs WWII or MM above; or (2) "Bodily injury' or "Personal and advertising injury' (a) arising out of "incidental medical malpractice" due to his or her providing or failing to provide professional health care services. However, this exclusion does not apply to nurses, emergency medical technicians or paramedics who are employed by you to provide medical or paramedical services. (3) "Property damage" to property: (a) owned, occupied or used by, (b) rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees," "volunteer workers," any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: 41) with respect to liability arising out of the maintenance or use of that property; and AES 3206 (Ed. 05/10) XS Page 3 of 7) (2) until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization that you own at the inception of this Policy, or any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain during the policy period majority ownership or majority interest, will qualify as a Named Insured if: a. there is no other similar insurance available to that organization; and b. the first Named Insured shown in the Declarations has the responsibility of placing insurance for that organization; and c. that organization is incorporated or organized under the laws of the United States of America However: (1) coverage under this provision 3. is afforded only until the next occurring annual anniversary of the beginning of the policy period shown in the Declarations, or the end of the policy period, whichever is earlier; and (2) coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and (3) coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. ADDITIONAL INSURED - ONGOING OPERATIONS The following is added to SECTION II - WHO IS AN INSURED - SECTION 2.: e. Any person or organization (called additional insured) that you are required to add as an additional insured on this Policy under: (1) a written contract or agreement or; (2) an oral contract or agreement where a certificate of insurance showing that person or organization as an additional insured has been issued; however the written or oral contract must be: (a) currently in effect or becoming effective during the term of this Policy; and (b) executed prior to the bodily injury, property damage, personal injury, or advertising injury which first manifests on or after the date of the inception of this policy period, as shown in the Declarations Page of the Policy but prior to the earlier of the date of expiration or cancellation of this Policy. With respect to the insurance afforded such additional insured, the following additional provisions apply: (1) that person or organization is only an additional insured with respect to liability arising out of: (a) premises or equipment you own, rent, lease, or occupy; or 3AE623206 (E-dvtQr3FA )JXS Hammond 1 6/21/2016 4:54:16 PM (Eage'a4 4CI6 7) This certificate cancels and supersedes ALL previously issued certificates. (b) your ongoing operations performed for that additional insured by or for you. The insurance provided to such additional insured does not apply to "bodily injury' or "property damage" included within the "products-completed operations hazard" (2) The Limits of Insurance applicable to any such additional insured are those specified in the written contract or agreement or in the Declarations for this Policy, whichever are less and are subject to the terms and conditions of this Coverage Form. These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. (3) A person's or organization's status as an additional insured under this endorsement ends 30 days after your operations or agreement for that additional insured are completed or cease, or the expiration of this Policy, whichever is earlier. The insurance provided to any additional insured does not apply to "bodily injury," "property damage," "personal injury," or "advertising injury" arising out of an architect's, engineer's, or surveyors' rendering of or failure to render any professional services including: (1) the preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; and (2) supervisory, inspection, or engineering services. It is further agreed that this insurance shall be primary and noncontributory, but only in the event of the Named Insureds sole negligence. ADDITIONAL INSURED - VENDORS The following is added to SECTION 11 - WHO IS AN INSURED - 2: f. Any person or organization (referred to below as vendor), 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, subject to the following additional exclusions: (1) The insurance afforded the vendor does not apply to: (a) "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; (b) any express warranty unauthorized by you; (c) any physical or chemical change in the product made intentionally by the vendor; (d) repackaging, unless 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; (e) 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. (f) demonstration, installation, servicing or repair operations, except such operations performed by the vendor in full compliance with the manufacturer's written instructions at the vendor's premises in connection with the sale of the product; 3Al S2212,"& (a.1s3utoL/-to)JXS Hammond I 6/21/2016 4:54:16 PM (#'age'ar3 SAC �) This certificate cancels and supersedes ALL previously issued certificates. (s) 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. (h) 'bodily injury' or "property damage" arising out of the sole negligence of the vendors for its own acts or omission of those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) the exceptions contained in subparagraphs (d) or (f); or (2) 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. (2) This insurance does not apply 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. (3) It is further agreed that this insurance shall be primary and noncontributory, but only in the event of the Named Insured's sole negligence. FIRE LEGAL LIABILITY SECTION III - LIMITS OF INSURANCE - 6., is deleted and replaced by the following: 6. Subject to paragraph S. above, the Damage to Premises Rented to You Limit shown in the Declarations, for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with the permission of the owner, is the greater of: a. $300,000 any One Premises; or b. the Damage to Premises Rented to You Limit shown in the Declarations. DUTIES IN THE EVENT OF OCCURRENCE OFFENSE CLAIM OR SUIT The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS - 2. Duties in the Event of Occurrence, Offense, Claim or Suit e. Knowledge of any "occurrence." offense, claim or suit by any agent, servant or employee of the Named Insured does not in itself constitute knowledge by the Insured unless notice of such injury, claim or suit shall have been received by an officer, manager, risk manager, authorized employee, or partner of a Named Insured. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS - 6. Representations d. If you unintentionally fail to disclose any hazards existing at the inception date of this Policy, we will not deny coverage under this Coverage Form because of such failure. However, this does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. AES 3206 (Ed. 05110) XS Page 6 of 7) WAIVER OF SUBROGATION SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS — S., is deleted and replaced with the following: S. Transfer or Rights of Recovery Against Others to Us a. If the Insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The Insured must do nothing after loss to impair those rights. At our request, the Insured will bring "suit" or transfer those rights to us and help us enforce those rights. b. If required by a written "insured contract" executed prior to the occurrence or offense, we waive any right of recovery we have against any person or organization named in such "insured contract," because of payments we make for injury or damage arising out of your ongoing operations or "your work" for that person or organization. NON EMPLOYMENT DISCRIMINATION LIABILITY Unless Coverage B Personal and Advertising Injury Liability is excluded from this Policy, the following applies: The following is added to SECTION V — DEFINITIONS, 14. "Personal and advertising injury": h. discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury" and not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured. INCIDENTAL MALPRACTICE LIABILITY The following is added to SECTION V — DEFINITIONS: 23. "Incidental Medical Malpractice" means injury arising out of the negligent rendering or failure to render medical or paramedical services to persons by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services provided you are not engaged in the business or occupation of providing any services referred to in this definition. CONTRACTUAL LIABILITY FOR RAILROAD EXPOSURES SECTION V — DEFINITIONS — 9. "Insured Contract' f.{1}, is deleted in its entirety. This endorsement does not change any other provision of the Policy. 3AE,%232 6 (4id6tQi5/vtQ)JXS Hammond 1 6/21/2016 4:54:16 PM (#`age?age Off 7) This certificate cancels and supersedes ALL previously issued certificates. OPERATIONS Garin Lee Superintendent 220 4th Avenue South Kent, WA 98032 0�KIF KENT Fax: 253-856-6120 PHONE: 253-S56-5131 May 26, 2016 Subject: Public Works Agreement between the City of Kent and Entre Prises USA, Inc. Reference: Page 6, Section XV. Miscellaneous Provisions, Part J. City Business, License Required We are hereby excluding Entire Prises USA, Inc. from obtaining a City of Kent business license because they are not opening a business in Kent - they are being contracted by us to perform services. Further, En,tre Prises USA, Inc. was contracted to do the original installation and subsequent inspections of the climbing wall at Arbor Heights 360 Park and is considered the sole source for this service. Sincerely, Ga 1 Par s Operations Superintendent 0 C!, as '11" MAYOR SLJziET-rE COOKE ............... ...........', City of Kent Parks, Recreation &Community Services: Jeff Watling, Director