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HomeMy WebLinkAboutPK18-054 - Original - Entre Prises USA, Inc - Contract - 2/7/18 X WNW- Cr M �e KENT W,nsHin cr0H k 7 2018 CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to st bhiisssid 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 JD Edwards Dumber Contract Number: 9. J 1� This is assigned by City Clerk's Office Project Name: Arbor Heights 366 Climbing Wall Inspection Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment X❑ Contract ® Other: Contract Effective Crate: 02/07.Z2018 Termination Date 8/06/2018 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ben Levenhagen Department: Park Operations Contract Amount: $ 331&72 Approval Authority: ❑ Department Director ❑ Mayor ❑ City Council X Department Superintendent Detail. (i.e. address_, location, parcel number, tax id, etc.): Inspection of the Arbor Heights 360 Climbing 'Wall located at 11525 SE 240th Street, Kent, WA._Ve�idor. will prepare and submit an inspection report-and will present the City with a certificate within 66 days after the inspection. Vendor will also complete minor maintenance work during its inspection _...___. As of: 08/27/14 • KENT GOODS & SERVICES AGREEMENT between the 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 Oregon, located and doing business at 63085 NE 18th Street, Suite 101, Bend, OR 97701, P: 541-388-5463, MP: 541-419-5776, Nathan Gray, Inspections and Aftermarket Sales. (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: In accordance with the December 29, 2017 inspection proposal attached and incorporated as Exhibit A, Vendor shall inspect the Arbor Heights 360 Climbing Wall located at 11525 SE 240`h Street, in the City of Kent; prepare an inspection report within 60 days after the inspection that details the inspector's findings, the climbing wall's status and the inspector's recommendations for future wall maintenance and use; and issue and present the City with a certificate confirming the climbing wall was professionally inspected,and if no problems were found, that the inspection found the wall safe for its intended use. Vendor will complete minor maintenance work during its inspection, if possible. If, however, additional time is needed to complete any repairs, or if the repair work required is extensive in nature, that work may require additional time and a new contract prior to commencement. The expenses authorized under this Agreement and indentified in Exhibit A include hotel, per diem, rental car, and travel costs. Although Exhibit A includes reference to "Terms and Condition of Inspection Service", the parties expressly agree that such terms and conditions are not incorporated into this Agreement and are intended to be excluded; the terms and conditions provides for under this Agreement will control the Vendor's work and the parties' relationship. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services within 180 days from the date of this contract. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed THREE THOUSAND THREE HUNDRED EIGHTEEN DOLLARS AND SEVENTY TWO CENTER ($ 3,318.72), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS &SERVICES AGREEMENT - 1 ($20,000 or Less, Incl. WSST) Vendor will submit an invoice to the City of Kent after inspection service and reports are submitted and work is accepted. If the City objects to all or any portion of an invoice, it shall notify 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 Vendor for any defective or unauthorized goods, materials or services. If 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 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. 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 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 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 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 AGREEMENT - 2 ($20,000 or Less, including WSST) V. 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. VI. CHANGES. The City may issue a written amendment 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 an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date 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 amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by 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. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, 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. GOODS &SERVICES AGREEMENT - 3 ($20,000 or Less, including WSST) 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). VIII. 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. IX. WARRANTY. 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 established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon 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. X. 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. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. 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 Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. GOODS &SERVICES AGREEMENT - 4 ($20,000 or Less, including WSST) 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 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 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. XII. 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. XIII. WORK PERFORMED AT VENDOR'S RISK. 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 Vendor's own risk, and 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. XIV. 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 XI 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. GOODS &SERVICES AGREEMENT - 5 ($20,000 or Less, including WSST) 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 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 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 Consultant 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, 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 ail 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 XE NT': By:— BY: (signature) ature) Print Name: r- Print Name: Garin Lee Its: Its: Parks Operations Superintendent (title) DATE. t(/?, f(/ t,K, DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Nathan Gray Ben Levenhagen Entre Prises USA, Inc. City of Kent 63085 NE 18 th Street, Suite 101 220 Fourth Avenue South Bend, OR 97701 Kent, WA 98032 GOODS & SERVICES AGREEMENT - 6 ($20,000 or Less, including WSST) (541) 338-5463 or (253) 856-5133 or (541) 419-5776 (telephone) (541) 388-3248 (facsimile) (253) 508-9548 (telephone) (253) 856-6120 (facsimile) GOODS &SERVICES AGREEMENT - 7 ($20,000 or Less, including WSST) 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. 1 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 1, 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: r- Se-- Title: C: �, Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 ENTRNOEPRISES Climbing Walls EXHIBIT A CLIMBING WALL INSPECTION PROPOSAL Date: 12/29/2017 Attn: City of Kent Contact: Ben Levenhagen Arbor 360 climbing wall Email: BlevenhagenaKertWA,-q 220 Fourth Ave South Kent,WA 98032 Phone: 253.856 5133 Job number. 1846 Freeform surface: Imprint Surface. Total surface of the wall: 200 m2 2.152 sfz INSPECTION: EP Inspector 1 ea $1 352.47 $1,352.47 Inspection report: 1 ea $125.00 $125.00 Expenses: 1 ea $891.25 $891.25 Routte etting: 1 ea $700.00 $700.00 Equipment: 1 ea $250.00 $250.00 TOTAL BY EP: not including taxes Accepted by Title Date NOTES: Equipment includes the handholds and bolts required for routes Actual Expenses: $891.25 Plane Ticket 0 ea $00.00 $- Luggage 0 ea $40.00 $- Hotel 2 rights $120.00 $240.00 Per Diem 3 days $55.00 $165.00 Travel comp 1 days $300.00 $300.00 Transportation 1 days $115.00 5115.00 Tools/Supplies I ea $71.25 $71.25 TERMS AND CONDMONS OF INSPECTION SERVICE THIS ESTIMATE IS GOOD FOR 30 DAYS FROM DATE SHOWN ABOVE 1)Inspection report will include current wall status and recomendations for future wall maintainance 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.See scope of inspection and report below for more information. 2)The expenses include hotel,per diem,rental car and travel costs. GENERAL EP USA agrees to carry out an Inspection of the owner's climbing wall described in the Maintenance Quotation attached hereto,in accordance with these Terms and Conditions. TIMING OF INSPECTIONS While there are no nationally mandated requirements for the maintenance and inspection of climbing facilities,the Climbing Wall Association does provide recommendations.As the standard-setting organization for the manufactured climbing wall industry,the CWA notes tha 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 carried out before first use of the climbing surface.Entre-Prises USA recognizes the expertise of the CWA and values the safety of its customers and therefore recommends an inspection schedule of at least every 2 years for climbing walls. SCOPE OF INSPECTION The wall wilt be inspected in detail and we will provide a 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 bolts),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 safely and readily accessible portions of the primary support structure and building connections,the secondary 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 the following: any information pertaining to other manufacturers'recalls of any component and any recertification of autobelays. This inspection is not technically exhaustive.This is not an engineering inspection or analysis and no engineering tests will be made. No examination will be made to determine compliance with any governmental ordinance regulation or code. EP USA is not responsible for any condition affecting any system or component which occurs 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 for the services the total indicated on the attached Maintenance Quotation. Customer shall pay a late charge on any amount which remains unpaid 45 days after its due date. Overdue accounts shall bear interest at the rate of 19%per year. GUARANTEES AND LIABILITY LIMITED WARRANTY 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 15 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 services in a good,workmanlike and professional manner,in accordance with the specifications,drawings,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 nonconformities which do not substantially conform with the agreed description of services in the Maintenance Quotation. If for any reason EP USA is unable or fails to correct nonconformities as provided,EP USA's liability for damages arising out of any such failure whether in contract or tort)including negligence),law or equity,shall not exceed the amounts paid by customer for that portion of the services which fail 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 party. Any alterations,additions or repairs to the climbing wall,unless authorized by EP USA,may terminate ail 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 date. 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,failure or defect is caused by EP USA's negligence and notification thereof is receive by EP USA in writing within 14 days of the date Customer discovered the loss,damage,failure or defect or ought reasonably to have discovered the same.Without prejudice to the generality of the foregoing,EP USA shall 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 God,civil or military authority,labor disputes,shortages of suitable parts,materials,labor or transportation,or any similar cause beyond EP USA's reasonable control. 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 shall 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 a court with lawful jurisdiction fexciuding arbitrators),such term or provision shall not affect the validity or enforceability o 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 thereof. INITIALS/DATE / 1 i 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 1 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 11 85 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) i aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability- insurance shall be written with limits no less 1 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. ,4c o® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY► `-� 11z2/2018 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). CONTAPRODUCER Brown & Brown Northwest NAME: Julie Hammond 550 NW Franklin Ave Ste 268 PHONE - FAX Bend, OR 97709 ..tslc.No.l<xtl;_ 541-749 4958 (Al�No}: 541-749-4959 ADDRESS: 'hammond(Mbbnw.com__ INSURE S)AFFORDING COVERAGE _ _ NAIC 0 www.bb-nw.com _ INSURER A: Great American E&S Insurance 37532 INSURED INSURERB: Oregon Automobile Ins CO r 23922 Entre Prises USA Inc --- t - 63085 18th Street INSURERC: SAIF"Corporation _ 36196 -_ Suite 101 INSURERD: Zurich American Insurance Co 16535 Bend OR 97701 - -" --- -- INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 40006172 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 ENSR,--- ------ ------------ - ADOCSUOR LICY FXP LTR i TYPE OF INSURANCE POLICY NUMBER MMIDDIYEYYY MOMIIDDIYYYY I LIMITS A ` ✓ i COMMERCIAL GENERAL LIABILITY PL9833375 7/1/2017 7/1/2018 EACH OCCURRENCE S 1 000 OOO �' CLAIMS-MADE ,/ OCCUR EATEN - PREMISES(Ea occurrence) S 300,000 _______ _ Washington Stop Gap __ MEO EXP(Any one person) S_5L000___ PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 2,000,000 PRO- I POLICY[:./E ECT �, LOC PRODUCTS•COMP/OP AGG__ s 2,000,000 OTHER S B AUTOMOBILE LIABILITY C08176030 7/1/2017 7/1/2018 COMBINED SINGLELIMIT $1(Ea 000 00O ✓ ANY AUTO BODILY INJURY(Per person) (Pera(xdenq s OWNED SCHEDULED� 90DILYINJURY S _ AUTOS ONLY AUTOS i HIRED NON-OWNED 'PROPERTY DAMAGE S ✓ AUTOS ONLY ✓ AUTOS ONLY Per acaoenq s A UMBRELLA LIAR 1 ✓ IOCCUR UM9833376 71112017 7/1/2018 EACH OCCURRENCE $b 000,000 _ 7EXCESS LIAR �CLAIMS-MADE' - - - AGGREGATE_ S 5,000,000 DED ✓ RETENTION$10.000 S C WORKERS COMPENSATION 959833(Oregon) 7/1/2017 7/1/2018 PER OTH- D ANDEMPLOYERS'LJABILITY YIN ' ✓STATUTE - ER WC9663307(Multi-State) 7/112017 7!1l2018 OFFICEANYPR IMEMB REXC UDEOE ECUTIVE ❑ i E.L.EACH ACCIDENT ! $1 000,000 OFFICERIMEMBEREXCLUDE07 N �,NIA, _ (Mandatory In NH)UE.L.DI EMPLOYEE S 1 OOO 000 DUes.descr be under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY UMIF S 1,000,000 B 'Insta[lation Floater C08176030 7/1/2017 711/2018 300,000 B Inland Marine-Leased/Rented Equip C08176030 7/1/2017 71112018 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached M more apace In required) RE:Any and all operations of the insured. Forms CggG2037 0412013;CA2048 02/1999,CG2504 05120009,ESG3206 02/2016 CA8514 0712004 and WC000013 Attached CERTIFICATE HOLDER CANCELLATION Clty of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 220 of Ken AV S THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Kent WA 98032 AUTHORIZED REPRESENTATIVE Julie Hammond ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 40006172 1 17-18 GL-AuCo-IF-WC I Julie Hammond 1 1/22/2018 3:35:11 PM (PST) I Page 1 of 20 This certificate cancels and supersedes ALL previously issued certificates. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MASTER PAK@ FOR COMMERCIAL AUTOMOBILE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective 7/112017 Policy No. C08176030 Named Insured Entre Prises USA Inc Countersigned by (Authorized Representative) (If no entry appears above, the information required to complete this endorsement will be shown in the declarations as applicable to this endorsement.) This summarizes the various coverages provided by this endorsement; no coverage is given by this summary.Actual coverage descriptions are within the form. SUBJECT LIMITS OF INSURANCE OR CHANGE IN ITEM# CONDITION ACCIDENTAL AIR BAG DEPLOYMENT 13 ADDITIONAL TRANSPORTATION EXPENSE $50 Per Day;$1000 Maximum 6 WAIVER OF TRANSFER OF RIGHTS OF 12 RECOVERY AGAINST OTHERS TO US CANCELLATION 1 CELL PHONE COVERAGE Included If Permanently Installed 17 DUTIES IN THE EVENT OF AN ACCIDENT 8 EMPLOYEE HIRED AUTO COVERAGE 18 -LIABILITY&PHYSICAL DAMAGE FELLOW EMPLOYEE EXCLUSION 4 GLASS BREAKAGE 7 HIRED CAR COVERAGE TERRITORY World Wide 10 HIRED CAR PHYSICAL DAMAGE- Excess Coverage; $35,000 Maximum 5 Excess Coverage MENTAL ANGUISH 11 PARKED AUTO COLLISION COVERAGE Private Passenger Types&Light Trucks 15 (WAIVER OF DEDUCTIBLE) RENTAL REIMBURSEMENT Private Passenger Types&Light Trucks 16 $50 Per Day, $1000 Maximum SUPPLEMENTARY PAYMENTS 3 -Bail Bonds$3000 -Loss Of Earnings Up To$500 Per Day TOWING&LABOR COVERAGE Private Passenger Types&Light Trucks 14 Up To$50 Per Occurrence UNINTENTIONAL FAILURE TO DISCLOSE g WHO IS AN INSURED 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CA 85 14 07 04 Copyright, Insurance Services Office,Inc.,2003 Page 1 of 4 40006172 17-18 GL-Auto-IF-NC I Julie Hammond 1 1/22/2018 3:35:31 PM (PST) I Page 2 of 20 This certificate cancels and supersedes ALL previously issued certificates. The provisions contained in this endorsement replace those found elsewhere in the policy. 1. Cancellation Provision Paragraph 2.B. of the Common Policy Provisions -Cancellation reads as follows: 60 days before the effective date of cancellation if we cancel for any other reason. 2. Who Is An Insured Paragraph A.1 -Who Is An Insured -of Section II, Liability Coverage, is amended to add.- D. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the coverage form. However, "Insured"does not include any subsidiary that is an "Insured" under any other automobile liability policy or would be an"Insured"under such policy but for its termination or the exhaustion of its limits. E. Any organization that is acquired or formed by you and over which you maintain majority ownership. However, "Insured" does not include any newly formed or acquired organization: (1) that is a joint venture or partnership; (2) that is an"Insured" under any other policy; (3) that has exhausted its limit of insurance under any other policy; or (4) 180 days or more after its acquisition of formation by you, unless you have given us notice. Coverage does not apply to"bodily injury' or"property damage"that results from an accident that occurred before you formed or acquired the organization. F. Any employee of yours while using a covered "auto"you don't own, hire or borrow in your business or your personal affairs. 3. Coverage Extensions-Supplementary Payments Paragraph A. Supplementary Payments. Sub-Paragraphs A.2. and A.4. are amended as follows: (2) Up to$3000 for the cost of bail bonds(including bonds for related traffic law violations) required because of an"accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the"insured"at our request, including actual loss of earnings up to$500 a day because of time off from work. 4. Fellow Employee Exclusion In those states where Workers Compensation laws have not been legally determined to be the sole remedy for employee injuries, the following provision is added: Section II -Liability Coverage, Exclusion B.5., Fellow Employee is amended by adding the following: But this exclusion does not apply if the"bodily injury"results from the use of a covered"auto"you own or hire. Coverage is excess over any other collectible insurance. In those states where Workers' Compensation Insurance has been determined to be the sole remedy for employee injuries,this coverage enhancement does not apply. 5. Hired Car Physical Damage—Excess Coverage If hired "autos" are covered autos for Liability Coverage and if Comprehensive, Specified Causes of Loss or Collision Coverages are provided under this coverage form for any"auto"you own, then the Physical Damage Coverages provided are extended to"autos"you hire subject to the following: (a) The most we will pay for any one accident or loss is$35,000, actual cash value or cost of repair whichever is the least, minus a deductible. (b) No deductible applies to loss caused by fire or lightning. (c) The deductible will be equal to the largest deductible applicable to any owned auto for that coverage. (d) Hired car physical damage coverage is excess over any other collectible insurance available to the insured or the employee renting the vehicle, either from another auto policy or from the collision damage waiver provisions of a credit card. (e) Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto"you own shown in the declarations. We will also cover loss of use of the hired borrowed auto if it results from an accident for which you are legally liable and the lessor incurs an actual financial loss, subject to a maximum limit of$500 per accident. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CA 85 14 07 04 Copyright, Insurance Services Office,Inc.,2003 Page 2 of 4 40006172 117-18 GL-Auto•IF•WC I Julie Hammond 11/22/2018 3:35:31 PM (PST) I Page 3 of 20 This certificate cancels and supersedes ALL previously issued certificates. 6. Physical Damage-Additional Transportation Expense Coverage Paragraph A.4. of Section III Physical Damage Coverage is amended to provide a limit of$50 per day and a maximum limit of$1000. 7. Physical Damage-Glass Breakage The following paragraph is added to A.3., Glass Breakage, of Section III, Physical Damage Coverage: Any deductible shown in the Declarations for Comprehensive Coverage will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. 8. Duties In The Event Of Accident, Claim, Suit Or Loss. A. The requirement in Condition 2.A. that you must notify us of an"accident"applies only when the "accident"is known to: (1) you, if you are an individual; (2) a partner, if you are a partnership; or (3) an executive officer or insurance manager, if you are a corporation. (4) your partners, employees, members of limited liability companies, directors or shareholders but only while acting within the scope of their duties. B. The requirement in Condition 2.B. that you must notify us of a claim or"suit"will not be considered breached unless the breach occurs after such claim or"suit" is known to: (1) you, if you are an individual; (2) a partner, if you are a partnership; or (3) an executive officer or insurance manager, if you are a corporation. (4) your partners, employees, members of limited liability companies, directors or shareholders but only while acting within the scope of their duties. 9. Unintentional Failure To Disclose Hazards If you unintentionally fail to disclose any hazards existing at the inception or renewal date of the policy,we will not deny coverage under this coverage part because of such failure. This provision does not apply to any auto owned, leased, acquired or held for sale by you prior to the effective date of the policy or the current renewal. 10. Hired Car-Coverage Territory Paragraph E. is added to the definition of coverage territory in General Condition 7-Policy Period, Coverage Territory: E. For autos hired 30 days or less, the coverage territory is anywhere in the world, provided that if the insured's responsibility to pay for damages is determined in a"suit",that suit is brought in the territory described in Paragraph B. 7. -Policy Period, Coverage Territory-under Section IV Business Auto Conditions. 11. Mental Anguish The definition of"bodily injury" in the definitions section is replaced by the following: "bodily injury"means bodily injury, sickness or disease sustained by any person, including mental anguish, or death resulting from any of these. 12. Waiver Of Transfer Of Rights Of Recovery Against Others To Us Paragraph 5, TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US in Section IV, Business Auto Conditions, is amended by the addition of the following: If the person or organization has waived those rights before a loss, our rights are waived also- 13. Accidental Air Bag Deployment Coverage We will pay for the cost of reinstalling factory installed air bag(s) in "your covered auto"for any reason other than deployment due to a collision loss. Any insurance we provide shall be excess over any other collectible insurance, or reimbursement by manufacturer's warranty. However,we agree to pay any deductible applicable to the other coverage or warranty. This coverage is applicable only if"other than collision"coverage is on your policy_ Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CA 85 14 07 04 Copyright, Insurance Services Office, Inc.,2003 Page 3 of 4 40006172 117-18 GL-Auto-IF-WC I Julie Hammond 1 1/22/2018 3:35:31 PM (PST) I Page a of 20 This certificate cancels and supersedes ALL previously issued certificates. 14. Towing and Labor Costs Coverage We will pay up to$50 for towing and labor costs incurred each time a covered "auto"of the private passenger type or light weight truck with a gross vehicle weight of 10,000 Ibs or less as defined by the manufacturer as the maximum loaded weight the auto is designed to carry is disabled. However, the labor must be performed at the place of disablement. 15. Parked Auto Collision Coverage(Waiver of Deductible Under Collision Coverage) The deductible does not apply to"loss"caused by collision to such covered "auto"of the private passenger type or light weight truck with a gross vehicle weight of 10,000 Ibs. or less as defined by the manufacturer as the maximum loaded weight the auto is designed to carry while it is: 1. In the charge of an "insured"; 2. Legally parked; and 3. Unoccupied. 4. Must be reported to police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any"loss" if the covered"auto"is in the charge of any person or organization engaged in the automobile business. 16. Rental Reimbursement Coverage When there is a"loss"to a covered"auto"of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as the maximum loaded weight the auto is designed to carry we will pay for rental reimbursement expenses incurred by you for the rental of an "auto"of similar type. Payment applies in addition of the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. This coverage applies only: 1. For those expenses incurred during the policy period beginning 24 hours after the loss; 2. To necessary and actual expenses incurred; 3. To a"loss"for which we also pay a"loss" under PHYSICAL DAMAGE COVERAGE for Comprehensive Coverage, Specified Causes of Loss Coverage or Collision Coverage; and 4. If there are no spare or reserve"autos"available to you for your operations. Our payment will be limited to that period of time reasonably required to repair or replace the covered "auto". We will pay up to$50 per day to a maximum of$1000. 17. Permanently Installed Cellular Telephones Exclusion BA.c, of Section III -Physical Damage Coverage does not apply to any permanently installed, non-removable telephone designed to be operated by use of the power from the auto's electrical system. 18. Employee Hired Auto Coverage-Liability and Physical Damage If this policy provides Liability and/or Physical Damage Coverage for Hired Autos, these coverages will be extended to any employee renting a vehicle in their own named, but only while used in the business of the named insured. For Employee Hired Auto Coverage, the following conditions apply: 1. The hired auto must be rented under a written rental agreement; 2. Coverage will only apply while the employee is conducting business on behalf of the insured; 3. Employee Hired Auto Coverage is excess over any personal auto policy applicable to the employee; and 4. Employee Hired Auto Coverage does not apply to any Loss of Use or administrative charges imposed by the rental car agency. All the above additional coverages are subject to all other provisions of this policy. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CA 8514 07 04 Copyright, Insurance Services Office,Inc.,2003 Page 4 of 4 40006172 17-18 GL-Auto-IF-WC I Julie Hammond 1 1/22/2018 3:35:31 PM (PST) I Page 5 of 20 This Certificate cancels and supersedes ALL previously issued certificates. www.saif.com sai f corporation Carrier No: 20001 Endorsement No: WC000313 Policy No: 959833(Oregon) Agency: Entre Prises USA Inc 63085 18th Street BROWN & BROWN NORTHWEST Suite 101 PO BOX 29018 Bend OR 97701 PORTLAND, OR 97296 Waiver of Our Right to Recover From Others Endorsement We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Description: ALL OPERATIONS Contractor Name: PERSONS AND/OR ORGANIZATIONS WITH WHOM THE INSURED-EMPLOYER IS REQUIRED BY WRITTEN CONTRACT TO WAIVE SUBROGATION RIGHTS This endorsement does not alter the rights of an injured worker to pursue recovery from another party or SAIF to receive a statutory share of recoveries by an injured worker, even from the party listed in the schedule. The premium charge for this endorsement is based on one (1) percent of your manual premium. Effective Date: 7/1/2017 This endorsement is part of your policy. This endorsement amends and controls anything to the contrary. It is otherwise subject to all other terms of your policy. Countersigned 11-25-2013 at Salem, Oregon 430b Brenda P Ro lin, President and Chief Executive Officer 400 High St SE I Salem,OR 973121 P: 800.285.8525 40006172 17-18 GL-Auto-IP-WC I Julie Hammond 1 1/22/2018 3:35:31 PM (PST) I Page 6 of 20 This certificate cancels and supersedes ALL previously issued certificates. POLICY NUMBER: PL9833375 COMMERCIAL GENERAL LIABILITY CG 25 04 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally b. Claims made or"suits"brought; or obligated to pay as damages caused by "occur- rences" under Section I—Coverage A, and for all c. Persons or organizations making claims or medical expenses caused by accidents under bringing"suits". Section I —Coverage C, which can be attributed 3. Any payments made under Coverage A for only to operations at a single designated "Iota- damages or under Coverage C for medical tion" shown in the Schedule above: expenses shall reduce the Designated Loca- tion General Aggregate Limit for that desig- 1. A separate Designated Location General Hated "location". Such payments shall not re- Aggregate Limit applies each designated duce the General Aggregate Limit shown in "location", and that limit t is equal to the the the Declarations nor shall they reduce any amount the General Aggregate Limit other Designated Location General Aggre- gate Limit for any other designated "location" 2. The Designated Location General Aggregate shown in the Schedule above. Limit is the most we will pay for the sum of all 4. The limits shown in the Declarations for Each damages under Coverage A, except dam- Occurrence, Damage To Premises Rented To ages because of bodily injury' or "property You and Medical Expense continue to apply. damage" included in the "products-completed However, instead of being subject to the operations hazard", and for medical expenses General Aggregate Limit shown in the Decla- under Coverage C regardless of the number rations, such limits will be subject to the appli- of: cable Designated Location General Aggre- a. Insureds; gate Limit. CG 25 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 2 O 40006112 17-18 GL-Auto-IP-WC I Julie Hammond 1 1/22/2018 3:35:31 PM (PST) I Page 7 of 20 This certificate cancels and supersedes ALL previously issued certificates. B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by `occur- ..products-completed operations hazard" is pro- rences" under Section I—Coverage A,and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be attrib- the "products-completed operations hazard" will uted only to operations at a single designated reduce the Products-completed Operations Ag- "location"shown in the Schedule above: gregate Limit, and not reduce the General Ag- 1. Any payments made under Coverage A for gregate Limit nor the Designated Location Gen- damages or under Coverage C for medical eral Aggregate Limit. expenses shall reduce the amount available D. For the purposes of this endorsement, the Defi- under the General Aggregate Limit or the nitions Section is amended by the addition of Products-completed Operations Aggregate the following definition: Limit,whichever is applicable; and "Location"means premises involving the same or 2. Such payments shall not reduce any Desig- connecting lots, or premises whose connection is nated Location General Aggregate Limit. interrupted only by a street, roadway, waterway or right-of-way of a railroad. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 ©Insurance Services Office, Inc., 2008 CG 25 04 05 09 0 40006172 17-18 CL-Auto-IP-WC I Julie Hammond 1 1/22/2018 3:35:31 PM (PST) I Page 8 of 20 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 PRODUCTSICOMPLETED 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 40006172 17-18 GL-Auto-IP-WC I Julie Hammond 1 1/22/2018 3:35:31 PM {PST) I Page 9 of 20 This certificate cancels and supersedes ALL previously issued certificates. Policy Number C08176030 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s)who are"insured" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective 1/22/2018 Countersigned By: Authorized Representative Named Insured: Entre Prises USA Inc SCHEDULE Name of Person or Organization: City of Kent 220 Fourth Av S Kent WA 98032 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) ' Each person or organization shown in the Schedule is an "insured"for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright,Insurance Services Office, Inc., 1998 Page 1 of 1 40006172 117-18 GL-Auto-IF-WC I Julie Hammond 1 1/22/2018 3:35:3L PM {PST1 I Page 10 of 20 This certificate cancels and supersedes ALL previously issued certificates. Administrative Offices ESG 3206 (Ed. 01/16) 301 E 4th Street GREATAmERICAN. Cincinnati OH 45202 INSURANCE GROUP 513 369 5000 ph 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 This is a summary of the various additional coverages and coverage modifications provided by this endorsement. For complete details on specific coverages, consult the Policy wording. Coverage Limit of Insurance Page Non-Owned Aircraft Included 2 Non-Owned Watercraft Included 2 Medical Payments Increased Limits $20,000 3 Who Is An Insured: Broadened Named Insured Included 3 Who Is An Insured: Fellow Employee Included 3 Who Is An Insured: Newly Formed or Acquired Organizations Included 4 Knowledge of Occurrence. Claim or Suit Included 4 Unintentional Errors Or Omissions Included 4 Personal & Advertising Injury Amendment of Discrimination or Included Humiliation 4 Incidental Malpractice Liability Included 5 Additional Insured: Owners, Lessees, and Contractors Included 5 Additional Insured: Vendors Included 6 Primary and Non-Contributory Extension Included 8 Damage to Premises Rented to You (Fire, Lightning, and $500,000 "Explosion") 8 Waiver of Subrogation Included 9 Property Damage - Elevators Included 9 4o�y3e BUNS [44/It 6)Julie Hammond i 1/22/2018 3:35:31 PM fRage P4geof of 0) This certificate cancels and supersedes ALL previously issued certificates. Coverage Limit of Insurance Page Contractual Liability for Railroad Exposures Included 10 Supplementary Payments: Bail Bonds $2,500 10 Supplementary Payments: Loss of Earnings $500 10 Amended Bodily Injury Definition Included 10 A. Non-Owned Aircraft Under paragraph 2. Exclusions of SECTION I - COVERAGES - Coverage A - Bodily Injury and Property Damage Liability, exclusion g. Aircraft, Auto or Watercraft does not apply to an aircraft provided: 1. it is not owned by any insured; 2. it is hired, chartered or loaned with a trained paid crew; 3. the pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating him or her a commercial or airline pilot; and 4. it is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the Insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this Policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. Non-Owned Watercraft Under paragraph 2. Exclusions of SECTION I - COVERAGES - Coverage A - Bodily Injury and Property Damage Liability, subparagraph (2) of exclusion g. Aircraft, Auto or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) less than 55 feet long; and (b) not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply to watercraft 27 to 55 feet long if there is available to the Insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this Policy), contingent or on any other basis, that would also apply to the loss covered under this provision. 401 3H6 '-0't *6)Ju1ie Hammond 1 1/22/2018 3:35:31 PM (Page P?q-of o10) This certificate La and supersedes ALL previously issued certificates. C. Medical Payments Increased Limits Unless Coverage C - Medical Payments, or the Product-Completed Operations Hazard has been excluded from this Policy, the following applies: Under paragraph 2. Exclusions of SECTION I - COVERAGES, Coverage C - Medical Payments, exclusion f. Products-Completed Operations Hazard is replaced by the following: f. Product-Completed Operations Hazard Included within the "products-completed operations hazard." However, this exclusion does not apply to expenses for dental services. The Medical Expense Limit in paragraph 7. of SECTION III - LIMITS OF INSURANCE is replaced by the following Medical Expense Limit: The Medical Expense Limit provided by this Policy shall be the greater of: a. $20,000; or b. the amount shown in the Declarations for Medical Expense Limit This provision 7. is subject to all the terms of SECTION III - LIMITS OF INSURANCE D. Who Is An Insured: Broadened Named Insured Under SECTION II - WHO IS AN INSURED, the following item 2.e. is added: e. Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a Named Insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its Limits of Insurance. E. Who Is An Insured: Fellow Employee 1. The following is added to paragraph 2.a.(1) of SECTION II - WHO IS AN INSURED Paragraph (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business. However, none of these co-"employees" are insureds for "bodily injury" or "personal and advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury," caused in whole or in part by their intoxication by liquor or controlled substances. Paragraph (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you_ Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, including the direct supervision of other "employees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury," caused in whole or in part by their intoxication by liquor or controlled substances. This coverage is excess over any other valid and collectible insurance available to your "employee" or "volunteer worker." 40 32106 duEdt0()f* 6)Jul ie Hammond 1 1/22/2016 3:35:31 PM (Page P3geof o10) This certificate cancels and supersedes ALL previously issued certificates. F. Who Is An Insured: Newly Formed or Acquired Organizations Paragraph 3. of SECTION II - WHO IS AN INSURED is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. coverage under this provision 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 b. coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization; and d. records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. G. Knowledge of Occurrence, Claim or Suit Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit: Knowledge of any "occurrence", 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 'occurrence", claim or "suit" shall have been received by: a. you, if you are an individual,- b. a partner, if you are a partnership; or c. an executive officer or insurance manager, if you are a corporation. H. Unintentional Errors or Omissions Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 6. Representations: 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, exercise our right of cancellation or non-renewal, or enforce other legal rights based upon a material misrepresentation in response to a specific question in the application for this Policy. I. Personal and Advertising Injury Amendment of Discrimination or Humiliation Unless Coverage B - Personal and Advertising injury Liability is excluded from this Policy or does not apply, the following applies: Under SECTION V - DEFINITIONS, paragraph 14. Personal and Advertising Injury, subparagraph h. is added: 40ES& SN$ C Q4fta)Julie Hammond 1 1/22/2018 3:35:31 (Page P4geQf of Q) This certificate cancels and supersedes ALL previously issued certiPM ficates. 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: (1) not done intentionally by or at the direction of; (a) an insured; or (b) any "executive officer," director, stockholder, partner or member of the Insured; and (2) not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured. J. Incidental Malpractice Liability 1. SECTION II - WHO IS AN INSURED is amended by deleting item 2.a.(1)(d) in its entirety and replacing it with the following: (d) Arising out of 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. 2. Under SECTION V - DEFINITIONS, paragraph 3. Bodily Injury is replaced by the following: 3. "Bodily injury" means injury, sickness, disease or "incidental medical malpractice" sustained by a person, including death of a person. "Bodily injury" also means mental anguish, mental injury, or shock if directly resulting from physical injury, sickness, or disease to that person. 3. The following is added to SECTION V - DEFINITIONS: "Incidental medical malpractice" means "bodily 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. K. Additional Insured 1. Owners, Lessees, or Contractors a. SECTION II - WHO IS AN INSURED is amended to include as an additional insured: (1) Any person or organization, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: (a.) premises or equipment you own, rent, lease or occupy; or (b.) your acts or omissions; or (c.) the acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured. However; (a.) the insurance afforded to such additional insured only applies to the extent permitted by law; and 40ESG 3H6 Jt0 f 6)Julie Hammond 1 1/22/2018 3:35:31 PM (Page?&eQf o10) This certificate cancels and supersedes ALL previously issued certificates. (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. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: (1) This insurance does not apply to "bodily injury" or "property damage" occurring after: (a.) all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the location of the covered operations has been completed; or (b.) that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. (2) The insurance provided to any additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: (a.) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; or (b.) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any 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 or the failure to render any professional services by or for you. c. 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 the amount of insurance: (1) Required by the contract or agreement; or (2) Available under the applicable Limits of Insurance shown in the Declarations; Whichever is less. 2. Vendors a. SECTION II - WHO IS AN INSURED, is amended to include as an additional insured: (1.) 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. However: 40EISG 3MS 4Ed3:-D*/% 6),Sulie Hammond 1 1/22/2018 3:35:31 W (Rage P&eQ# .10) This certificate cancels and supersedes ALL previously issued certificates. (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. b. With respect to the insurance afforded to these vendors, the following additional exclusions apply: (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; (g.) 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: (i) the exceptions contained in subparagraphs (d.) or (f.); 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. (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. c. 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 the most amount of insurance: (1.) Required by the contract or agreement; or OlEfbG 8H6 4E&c t/46).7ulie Hammond 1 1/22/2018 3:35:31 PM (Page P7geof o1o) This certificate c ncels and supersedes ALL previously issued certificates. (2.) Available under the applicable Limits of Insurance shown in the Declarations; Whichever is less. 3. Primary and Non-Contributory Extension This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this Policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to paragraph a. Primary Insurance: This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1.) The Additional Insured is a Named Insured under such other insurance; and (2.) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. b. The following is added to paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an Additional Insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the Additional Insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an Additional Insured on other policies. L. Damage to Premises Rented to You If Damage to Premises Rented to You is not otherwise excluded from this Coverage Part: 1. Under paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily Injury and Property Damage Liability: 3. The last paragraph of paragraph 2. Exclusions is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, or "explosion," 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 SECTION III - LIMITS OF INSURANCE. 2. Paragraph 6. Under SECTION III - LIMITS OF INSURANCE is deleted in its entirety and replaced by the following: 6. Subject to paragraph 5. 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 caused by fire, lightning, or "explosion," while rented to you or temporarily 40EfbQ 3"S 1to&tft6J)Su1ie Hammond 1 1/22/2018 3:35:31 PM (Rage Pryg-of c10) This certificate a ncels and supersedes ALL previously issued certificates. occupied by you with the permission of the owner, for all such damage caused by fire, lightning, or "explosion," proximately caused by the same event, whether such damage results from fire, lightning, or "explosion," or any combination of the three, is the higher of $500,000 or the amount shown in the Declarations for the Damage to Premises Rented to You Limit. 3. Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, subsection 4. Other Insurance, paragraph b. Excess Insurance item (ii) of the Occurrence Form and item (iii) of the Claims-Made Form where the words, fire insurance, appear they are changed to, insurance for fire, lightning, or "explosion." 4. As regards coverage provided by this provision L. Damage to Premises Rented to You, SECTION V - DEFINITIONS, paragraph 9. Insured Contract, subparagraph a. is replaced with 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, or "explosion," to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract." 5. As regards coverage provided by this provision L. Damage to Premises Rented to You, SECTION V - DEFINITIONS is amended by the addition of the following definition: "Explosion" means a sudden release of expanding pressure accompanied by a noise, a bursting forth of material and evidence of the scattering of debris to locations further than would have resulted by gravity alone. "Explosion" does not include any of the following: (a) artificially generated electrical current including electrical arcing, that disturbs electrical devices, appliances or wires; (b) rupture or bursting of water pipes; (c) explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control; or (d) rupture or bursting caused by centrifugal force. M. Waiver of Subrogation Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, subsection 8. Transfer or Rights of Recovery Against Others to Us, the following paragraph is added: b. If required by a written "insured contract' executed prior to the occurrence or offense, we waive our 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. N. Property Damage - Elevators 1. Under paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily Injury and Property Damage Liability, subparagraphs (3), and (4) of exclusion j. Damage to Property do not apply if such "property damage" results from the use of elevators. 40EGG BMS 004J%t8)Julie Hammond 1 1/22/2018 3:35:31 PM (RagePggeof of0) This certificate cancels and supersedes ALL previously issued certificates. 2. The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 4. Other Insurance, paragraph b. Excess Insurance The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. O. Contractual Liability for Railroad Exposures Under SECTION V - DEFINITIONS, paragraph 9. Insured Contract, subparagraph f.(1), is deleted in its entirety. P. Supplementary Payments 1. In the Supplementary Payments - Coverages A and B provision, paragraph 1.b. is replaced with: b. Up to $2,500 for the 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. 2. In the Supplementary Payments - Coverages A and B provision, paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the Insured at our request to assist us in the investigation or defense of the claim or "suit," including actual loss of earnings up to $500 a day because of time off work. Q. Amended Bodily Injury Definition Under SECTION V - DEFINITIONS, definition 3. Bodily injury is replaced by the following: 3. "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including death of a person. "Bodily injury" also means mental anguish, mental injury, or shock, if directly resulting from physical injury, sickness, or disease to that person_ 4oES& $HIS gEdJL.0rtft8)Ju1ie Hammond 1 1/22/2018 3:35.31 PmTeee l�e ¢gfocla) This certificate cancels and supersedes ALL prev_ously issued certific to Ordinance No.3962 KE 0 T City of Kent Contractor License City of Kent Custorner Services • 220 Four0i Avenue S. • Kent,WA 98032•S895 • (253)356-5210 Fax(253)8S6-6200 PLEASE TYPE OR PRESS FIRMLY—BLACK OR DARK BLUE INK ONLY Fee Must Accompany Application opening July 1 or after All licenses expire December 31.Renewal invoices mailed in January, $101 $51 Date: 1--1$^ - -- _ - - � � 1. Name of Business: C- nkr-C R(AsI S.___VS _� �L`-= ,__ Business Address: 630 D6 \ City: -�- --- - -- - - - -- - -- -- —Stare: 0 ZIP: -� Phone:(y) Mailing Address: City: --- ------ ---- t� l` State: ZIP: 2. WA State U BI#: 3. WA State TRN(Tax Registration Number):, E PLO Lkq O l c_ 4. ❑ Indiv. ❑ Partnership ❑ LLC WCorporation Provide ownership information;include supplementalfistifneeded. Owners)Name(s): Address: City: ' C^�t �?w`-�t f-- --r �-—- - State: ------ZIP: Phone:( J ) FAX( ) S. Contact Person: L G ra- Phone l � �j�5� -es 6. Description of Business: 1Ws!�!e dlj 0 Chck- ty-rl 1 rs } IgQl S 7. Is your Business subject to the State of Washington B&0 Tax(Chapter 82.04 Revised Code of Washington)? 8 Yes ❑ No Is your Business subject to City of Kent B&O Tax(please reference the list of exemptions noted on page 2 of the Business Activities Questionnaire)? U"Yes ❑ No Exemption Number 1 hereby certify that the statements and information furnished by me on this application are true and complete to the best of my knowledge. 1 also acknowledge that the statements and information furnished by me on this application are public records and are available for public inspection pursuant to State of Washington RCW 42.17.260. I understand that issuance of this license is conditioned upon compliance at all times with all applicable ordinances regulations and statutes of the City of Kent and the State of Washington.The issuance of this business license does not imply compliance with the Zoning,Uniform Fire and Building Codes. Signatur : Print Name: u1 SQ Title:_ w- Date: FOR OFFICE USE ONLY: BLOC# Date Rec'd _ Date Mailed T.R.q ___. .... Amt.Paid __- Other iicsW 17432-6 17 Whgt!:K ode Canary: Applicant's Receipt Copy