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HomeMy WebLinkAboutPK18-232 - Original - Fountain-Works, LLC - Town Square Park Fountain Service & Maintenance - 06/05/2018 Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. F-1 Blue/Motion Sheet Attached Pink Sheet Attached Vendor Name: Fountain-Works, LLC ................ Vendor Number (JDE): 590460 ..................... Contract Number (City Clerk): P V_ Category: Contract Agreement Sub-Category (if applicable): Choose an item. Project Name: Town Square Park Fountain Service and Maintenance Contract Execution Date: 5/30/2018 Termination Date: 10/01/2018 Contract Manager: Ben Levenhagen Department: Parks Contract Amount: $ 41,609.50 Approval Authority: [:] Director mayor F-1 City Council Other Details: Service and maintenance to be i..pqrf9rmed_99 foun.tailn-19ca.te.d.-n-the City of Kent at Town Square Park, 426 West Smith, Kent WA 98032 as per Quote #4678, dated 3/18/18,­marked'a's'Exhibit A attached. ................... . ....... ENT PUBLIC WORKS AGREEMENT between City of Kent and Fountain-Works, LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Fountain-Works, LLC organized under the laws of the State of Texas, located and doing business at 6109 Long Drive, Houston, Texas 77087-2007, P: (281)303-5184 (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Service and maintenance to be performed on fountain located in the City of Kent at Town Square Park, 426 West Smith, Kent, WA 98032. Includes material and labor to re-waterproof all junction boxes in the fountain and installation of new/additional power supplies as required to improved solenoid valve function as described in attached Quote #4678, dated 3/18/18, marked as Exhibit A. The quote also covers labor to inspect the fountain in its entirety and report all issues found. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, the Contractor shall complete the work described in Section I by October 1, 2018. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed FORTY ONE THOUSAND SIX HUNDRED NINE DOLLARS AND FIFTY CENTS ($41,609.50), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor ninety percent (90%) of the Contract amount upon completion and acceptance of the work by the City, or at such earlier time as the City may determine is appropriate. The City will pay the remaining Contract amount upon fulfillment of the conditions listed below and throughout this Agreement. A. Rlo Pavrtt nt and„Performance B _ Because this contract, including applicable sales tax, is less than $150,000, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. PUBLIC WORKS AGREEMENT - 1 (Over$20K, under$65K, and No Performance Bond) B. De_fective or Unauthorized Work, The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the Cit s written ap proval.pproval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional casts incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. C. Final Pavmertt: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F, The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. PUBLIC WORKS AGREEMENT - 2 (Over $20K, under $65K, and No Performance Bond) B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E, The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F, The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. PUBLIC WORKS AGREEMENT - 3 (Over$20K, under $65K, and No Performance Bond) At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A, Notice of Claim, Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2, The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C, Contractor's Duty to Complete Pratstec9 Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. FailiirP to Prntact Cnnctihjfpq WAN/Pr By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E, Fai ure to Follow Procedures Constitutes Waive¢ . By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall promptly correct all defects in workmanship and materials: (1) when Contractor knows or should have known of the defect, or (2) upon Contractor's receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. PUBLIC WORKS AGREEMENT - 4 (Over $20K, under $65K, and No Performance Bond) XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, and Contractor's liability accruing from that obligation shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL LNSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. PUBLIC WORKS AGREEMENT - 5 (Over $20K, under $65K, and No Performance Bond) A. Fttcycble Materials. Pursuant to Chapter 3.80 of the Kent City Cade, 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 i covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice,. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assl Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. 0tire 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. Compii_ance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. P bliii c RecordlLA§J. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act, J. City Business License__ Fteo_iredl. 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. PUBLIC WORKS AGREEMENT - 6 (Over$20K, under $65K, and No Performance Bond) K. Cgunterparts_._and Si. nat ere b Fax or E,rnail. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. _. _.._.. — --- -- CONT T CITY OF KENT:` YY (saaatu + (Sayu��Cte ) _ Print me: dw _ Print Name: Dana Ralph Its__ ............. _..--._ Its Mayor (CrtVt N DATE:_ � rk DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Michael Perry Ben Levenhagen, Support Svcs Field Supervisor Fountain-Works, LLC City of Kent 6109 Long Drive 220 Fourth Avenue South Houston, TX 77087-2007 Kent, WA 98032 (281) 303-5184 (telephone) (253) 856-5133 or (telephone) (facsimile) (253) 508-9548 (cell) (253) 856-6120 (facsimile) __.... -. - — .._...... _- APPROVED AS TO FORM: ----- Kent Law Department .. ATTEST Kent City Clerk PUBLIC WORKS AGREEMENT - 7 (Over $20K, under$65K, and No Performance Bond) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2„ During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. 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 sign' belo Iag"ree to fulfill the five requirements referenced above. For: G3_"T L &�:......... - m.............. Title: _47- Date:—A�.. EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1, Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of . .., Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the-- ....... _ _,_w__._............- (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 BIDDER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded. The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (Insert Date), the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Inner Bidder'- 61 mess Name Sy' -- — _ _ Printed CA of Flo t7f 'cial* me: Title: ._ - City and State: *If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. EEO COMPLIANCE DOCUMENTS - 4 EXHIBIT A i 6109 Long Dr. Houston, Texas 77087 281-303-5184 sales@fountain-works.com I www.fourtain- F O U TA I N works.com RECIPIENT: CEMoMMM City Of Kent Sent on 03/18/2018 220 4th Ave. South Kent, WA 98032-5895 ® ' EMMOMMEM SERVICE ADDRESS: 220 4th Ave. South Kent, WA 98032-5895 Power Supplies -Replace existing power supplies with (8) 20 amp 1 $18,720.00 $18,720.00 units and rewire as required to group the valves into zones. -InspecUtest all fountain control panel devices and report any issues found. -Inspect/test all other fountain equipment and report any issues found. (Fountain is getting older and will require more attention as well as future repairs--this inspection will help evaluate current condition of fountain and the need for future repairs). -Test the two large water jets and repair any electrical/mechanical issues found. Water Proof Junction boxes Open and inspect all electrical junction boxes in 1 $15,925.00 $15,925.00 the fountain. Repair all corroded or faulty terminations found. Encapsulate(waterproof) all junctions boxes. Travel to Accomidations Travel, hotel accommodations,and per diem for 7 $500.00 $3,500.00 two technicians for six days. Total I $38,145.00 This quote covers material and labor to re-waterproof all junction boxes in the -- ---- - -- fountain and installation of new/additional power supplies as required to improve solenoid valve function. This quote also covers labor to inspect the fountain in its entirety and report all issues found.Will require two experienced technicians to complete this task effectively and quickly. This estimate is valid for the next 30 days, after which values may be subject to change. This estimate may or may not include sales tax. Signature: �mm___ Date: Page 1 of 4 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date 4/18/2018 Count Trade Job Classification a eHolidayOvertimeNote King Laborers Air, Gas Or Electric $46.57 7A 31 Vibrating Screed _ King Laborers Airtrac Drill Operator $48.02 7A 31 King Laborers. Ballast Regular Machine $46.57 7A 31 King Laborers Batch Weighman $39.48 7A 31 ......_.... —.......-._ —...... ._.........._. ....__ — ----- King Laborers Brick Pavers $46.57 7A 31 King Laborers Brush Cutter $46.57 7A 31 _..._..__. ......... _ — ... _ King Laborers Brush Hog Feeder $46.57 7A 31 King Laborers Burner $46.57 7A 31 King Laborers Caisson Worker $48.02 7A 31 King Laborers Carpenter Tender $46.57 7A 31 King Laborers Caulker $46.57 7A 31 ....__. King Laborers Cement Dumper-paving $47.44 7A 31 ......... ...............__ — .........._. King Laborers Cement Finisher Tender $46.57 7A 31 _ - King laborers Change House Or Dry Shack $46.57 7A 31 King Laborers Chipping Gun (under 30 $46.57 7A 31 Lbs.) — King Laborers Chipping Gun(30 Lbs. And $47.44 7A 31 Over) _. —_ King Laboi=ers Choker Setter $46.57 7A 31 King Laborers Chuck Tender $46.57 7A 31 _......... — King Laborers Clary Power Spreader $47.44, 7A 31 King Laborers Clean-up Laborer $46.57 7A 31 King Laborers Concrete Dumper/chute $47.44 7A 31 Operator King Laborers Concrete Form Stripper $46.57 7A 31 King Laborers Concrete Placement Crew $47.44 7A 31 King Laborers Concrete Saw $47.44 7A 31 Operator/core Driller https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.a. . . 4/18/2018 Page 2 of 4 King Laboierrs Crusher Feeder $39.48 7A 31 King Laborers Curing Laborer $46.57 7A 31 King Laborers Demolition: Wrecking & $46.57 7A 31 Moving (incl. Charred Material) King Laborers Ditch Digger $46.57 7A 31 _....._........ - _ .......- - ®. King Laborers Diver $48.02 7A 31 King Laborers Drill Operator $47.44 7A 31 (hydraulic,diamond) King Laborers Dry Stack Walls $46.57 7A 31 King Laborers Dump Person $46.57 7A 31 King Laborers Epoxy Technician $46.57 7A 31 King Laborers Erosion Control Worker $46.57 7A 31 King Laborers Faller Ft Bucker Chain Saw $47.44 7A 31 Laborers ..........._... _ ............. King Laborers Fine Graders $46.57 7A 31_ King Laborers Firewatch $39.48 7A 31 _ --- ....... - . King Laborers Form Setter $46.57'' 7A 31 King Laborers Gabian Basket Builders $46.57 7A 31 King Laborers General Laborer $46.57 7A 31 _..,.,.,. __,_........__. - .... .....__ .. - - ...__.. King Laborers Grade Checker Et Transit $48.02 7A 31 Person King Laborers Grinders $46.57 7A 31 ................. ........_....... ....__- - ........ King Laborers Grout Machine Tender $46.57 7A 31 King Laborers Groutmen (pressure) $47.44 7A 31 - including Post Tension - Beams v King Laborers Guardrail Erector $46.57 7A 31 Kin Laborers Hazardous Waste Worker _g $48.02 7A 31 (level A) King Laborers _ Hazardous Waste Worker $47.44 7A 31 (level B) King _ Laborers Hazardous Waste Worker $46.57 7A 31 ...... (level C) - King Laborers High Scaler $48.02 7A 31 King Laborers Jackhammer $47.44 7A 31 King Laborers Laserbeam Operator $47.44 7A 31 _... --- - .. ._....... _ King Laborers Maintenance Person $46.57 7A 31 King Laborers Manhole Builder-mudman $47.44 7A 31 King Laborers Material Yard Person $46.57 7A 31 King Laborers Motorman-dinky $47.44 7A 31 Locomotive _ _. ............. �. King Laborers Nozzleman (concrete $47.44 7A 31 Pump, Green Cutter When - J/ Using Combination Of High Pressure Air Et Water On \ Concrete & Rock, Sandblast, Gunite, Shotcrete, Water Bla King Laborers Pavement Breaker $47.44 7A 31 https://fortress.wa.gov/lni/wagelookup/prvWagelookup.a.. . 4/18/2018 Page 3 of 4 King Laborers Pilot Car $39.48 7A 31 King Laborers Pipe Layer Lead $48.02 7A 31 King Laborers Pipe Layer/tailor $47.44 7A 31 King Laborers Pipe Pot Tender $47.44 7A 31 King Laborers Pipe Refiner $47.44 7A 31 King Laborers Pipe Wrapper $47.44 7A 31 King Laborers Pot Tender $46.57 7A 31 King Laborers Powderman $48.07 7A 31 King Laborers Powderman's Helper $46.57 7A 31 King Laborers Power Jacks $47.44 7A 31 King Laborers Railroad Spike Puller - $47.44 7A 31 Power _...._ _............ - King Laborers Raker - Asphalt $48.02 7A 31 ._.__...._ _...........--.. ..... King Laborers Re-timberman $48.02 7A 31 "== - King Laborers Remote Equipment $47.44 7A 31 Operator - King tLLa�borr.Lers Rigger/signal Person $47.44 7A 31 .........King s Rip Rap Person $46.57 7A 31 King Laborers Rivet Buster $47.44 7A 31 King Laborers Rodder $47.44 7A 31 King Laborers Scaffold Erector $46.57 7A 31 - - King Laborers Scale Person $46.57' 7A 31 ................ -.. ---- King Laborers Sloper (over 20") $47.44 7A 31 King Laborers Sloper Sprayer $46.57 7A 31 King Laborers Spreader (concrete) $47.44 7A 31 King Laborers Stake Hopper $46.57 7A 31 King Laborers Stock Piler $46.57 7A 31 _ - King Laborers (Tamper a Similar Electric, $47.44 7A 31 Air a Gas Operated Tools - King Laborers Tamper (multiple Et Self- $47.44 7A 31 propelled) - King I Laborers Timber Person - Sewer $47.44 7A 31 (lagger, Shorer Et Cribber) - King Laborers Toolroom Person (at $46.57 7A 31 Jobsite) g --__.... _ pp __...._- $46.57 Kin Laborers 'Topper 7A 31 King Laborers Track Laborer $46.57 7A 31 - - King Laborers Track Liner (power) $47.44 7A 31 King Laborers Traffic Control Laborer $42.27 7A 31 8R _ - - King Laborers Traffic Control Supervisor $42.27 7A 31 8R King Laborers Truck Spotter $46.57 7A 31 King LaborersTugger Operator $47.44 7A 31 King Laborers Tunnel Work-Compressed $92.60 7A 31 Air Worker 0-30 psi King Laborers Tunnel Work-Compressed $97.63 7A 31 Air Worker 30.01-44.00 psi King Laborers $101.31 7A 31 88Q https://fortress.wa.gov/lni/wagelookup/prvWagelookup.a. . . 4/18/2018 Page 4 of 4 Toinnel Work-Compressed Air Worker 44.01-54.00 psi King (Laborers Tunnel Work-Compressed $107.01 7A 31 Air Worker 54.01-60.00 psi _ — King Laborers Tunnel Work-Compressed $109.13 7A 31 Air Worker 60.01-64.00 psi King Laborers Tunnel Work-Compressed $114.23 7A 31 8� Air Worker 64.01-68.00 psi King ILaborefs Tunnel Work-Compressed $116.13 7A 31 8S Air Worker 68.01-70.00 psi King I L_a_b__o_r__e__r__s Tunnel Work-Compressed $118.13 7A .......... Air Worker 70.01-72.00 psi _-.. .m.._m.. _........... — King Laborers Tunnel Work-Compressed $120.13 7A 31 8g Air Worker 72.01-74.00 psi King Laborers Tunnel Work-Guage and $48.12 7A 31 84 Lock Tender . _.................. .... _...__ King Laborers Tunnel Work Miner $48.12 7A 31 8Q King Laborers Vibrator $47.44 7A 31 ............... �.w._ = .... ....._=. .__....... King Laborers Vinyl Seamer $46.57 7A 31 King Laborers Watchman e..--.._.._.....- $35.88 7A 31 King Laborers Welder $47.44 7A 31 King Laborers Well Point Laborer — ._....... King Laborers Window Washer/cleaner $35.88 7A 31 https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.a.. . 4/18/2018 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS i Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. 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. 3. Vu'orkems' Co osation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Contractors Contsultant's Pollution (Liability insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 2. Auto mobile.Lia,bility insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 3. Contractor's/Consultant's Pollution Liability insurance shall be written in an amount of at least $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Coverage may be written on a claims-made basis. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance, The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDomvvl 1WP 4P2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Wortham San Antonio Inc. CONTACT 131 Interpark Blvd ME PHONE " """ """" FAX " San Antonio, TX 78216 Lac;yp_Eyo HAM,Not E MAIL A35RES3 ......... ,,,, _. NSURERISIAFFORDMG COVERAGE NAIC4 www worthaminsurance com... INSURER State Automobile Mutual Insurance Co 25135 INSURED .. ..... ...,,,... .. .. Fountain-Works LLC HsuRERa 6109 Long Drive INSURERC Houston TX 77087 INSURER D. INSURER E: INSURER F. _.... ..... _. ,,,.,,, ....... ...... COVERAGES CERTIFICATE NUMBER: 385004443 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR i.Aoel SUbR --"""" POLICY EFF POLICY E%P ---- LTIR TYPE OF INSURANCE n POLICYNUMBER POLICY POLICY EXP LIMITS ..}.,Ewa_wswt ._.._...._ __a- A f COMMERCIAL GENERAL LIABILITY PBP281293100 T10/25/2017 10/25/2018 EACHOCCURRENCE $1,000,BOO CLAIMS MADE ✓ OCCUR 'i ISAAIAOC rO Rr.WE✓D' i __ _... PRI MISL5 l5&c,&,ualed( s500,000 XC&U ln_duded MEDEXP(A_nyonaoeroo,,) 510000 ,1111, _ PERSONAL&AEA INJURY 51,OD0,000 l GCN1 AOGREGAH LIMIT APPUESPER. GENERAL AGGREGATE g2,000,000 I'Ur-u%YI IE"'D,, Plruoucrs-c.uMPO)PACG 32000,000 OF ✓ f CC WEEK -,S . ,. _____. A pAUTOMOBILE LIABILITY � BAP246474500 10/25/2017 10/25I2016 �»P1MF.9 NFln SI C ! LMIt ,S1.000000 1DODDQQ 1 ANYAUTO + BODILY INJURY Tor peraon) 13 ,OJUNEDJ LED AUICSGNn AL FOS I npplly lWURV Eer eu,,denp`S 1 = v r HIRED NON OPMEU ,PRi'yl+F RTY DAMAolD '- i�✓ AUTOS OFF Y ✓ AUTOSUrnr ,11vgL aGogeOg- 5 _. A ✓ UMBRELLA UPS ✓ �lrcL�I, PBP281293100 1012512017 10/25/2018 EACnoc1URR1 NCf 55000000 EXCESS_LIAR I .0 nIMS MADE Following Form AGGRLGAFE 55000000 D1I l D RE TENTION S I IS I ` .......m....................__ IAND EMPLOYERS'DABILITY YIN v,-rnn,rrt FR t - .. ..I ... ANYICER/M MBER EXCLUDED' pI y EL EACH ACCIDENT OFFICER/MEMBER I.NH)EXCLUDED'+ I N IA -,- I S (Mand amrym NH) - El DISEASE fAFMPf U'(Ed& 1 yes,describe under l - - DESCRIPTIONOFOPERATIONSbelow � _',. _t. ❑1.3k AS'E PUHCY LIMIT 5 .............. _ DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES (A CO RD 101,Adu ltl onaI Rem fair Schedule,may Lw aeached If more space Is re a pl red) RE. Fountain Maintenance CERTIFICATE HOLDER CANCELLATION C ltyy of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 220 Fourth Ave South THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Kent WA 98032 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE John L Wortham&Son, L.P ©1988-2015 ACORD CORPORATION, All rights reserved, ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD IH501443 1 22fountwor I eL/eA/Umb, 10/2J'11-11 ISM Sandra rt-11 1 1e/29/20L' 3r59.02 PM [CnTI I eaye t of , BAP246474500 10/24/2017 Fountain-Works LLC THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, TEXAS BUSINESS AUTO POLICY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM CONTENTS: A. ADDITIONAL INSURED—AUTOMATIC STATUS B, BROADENED INSURED C. DUTIES IN THE EVENT OF AN ACCIDENT, CLAIM, SUIT OR LOSS CONDITION D. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS F. RESULTANT MENTAL ANGUISH F. AMENDMENT OF FELLOW EMPLOYEE LIABILITY EXCLUSION G. EMPLOYEES AS INSUREDS H. EMPLOYEE HIRED AUTOS 1. INCREASED BAIL BONDS AND LOSS OF EARNINGS I. INCREASED TRANSPORTATION EXPENSE —TOTAL THEFT OF A COVERED AUTO K. INCREASED LOSS OF USE EXPENSE L. ACCIDENTAL DISCHARGE OF AIRBAG COVERAGE M. GLASS REPAIR DEDUCTIBLE WAIVER N COLLISION DEDUCTIBLE WAIVER O, TOWING P. AUTO LOAN/LEASE GAP COVERAGE Q. PERSONAL EFFECTS COVERAGE R. LOCKSMITH SERVICES S. TAPES, RECORDS AND DISCS COVERAGE T. HIRED AUTO PHYSICAL DAMAGE U. HIRED PRIVATE PASSENGER AUTOS AND LIGHT TRUCKS—WORLDWIDE COVERAGE V. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US A. ADDITIONAL INSURED—AUTOMATIC STATUS Item 1.e.of SECTION II—LIABILITY COVERAGE is deleted and replaced with the following c. Anyone liable for the Conduct of an "insured'described above but only to the extent of that liability. This includes, but is not limited to, any person or organization for whom you are performing operations when you and such person or organization have agreed in a written contract or a written agreement that such;person or organization be added as an additional insured on your policy. Such person or organization is an addilfonal insured under this policy only with respect io liability caused in whole or in part by your acts or emissions in the performance of your ongoing operations for the additional insured A person or organization's status as an additional insured for ongoing operations under this policy ends when your operations for the additional"insured"are completed or when this policy is cancelled,whichever occurs first. SA 30 02 O6 08 Page 1 of 5 B. BROADENED INSURED The following paragraph is added to SECTION II-WHO IS AN INSURED: d. Any organization of yours,other than a partnership or joint venture, of which you own a financial interest of more than 50% as of the effective date of th'.s Coverage part, will quairl as an "insured". However, such organization will not qualify as an "insured"if it is also an "insured" under another policy, other than a policy written to apply specifically in excess of this Coverage Part or would be an "insured'under such policy but for its termination or the exhaustion of its limits of insurance. Each such organization remains qualified as an"insured"only while you own a financial interest of more than 50% in the organization during the policy period. e. Any organization that is acquired or formed by you,other than a partnership orjoint venture, of which you own a financial interest of more than 50%will qualify as an "insured". However,such organization will not qualify as an 'insured" if it is also an"insured"under another policy, other than a policy written to apply specifically in excess of this Coverage Part or would be an "insured" under such policy but for its termination or the exhaustion of its limits of insurance. Each such organization remains qualified as an "insured"only while you own a financial interest of more than 50% in the organization during the policy period. This provision does not include: (1) any organization 180 days or more after its acquisition or formation; or (2) "bodily injury", "property damage"or"covered pollution cost or expense"caused by an "accident"that occurred before you acquired or formed the organization, C. DUTIES IN THE EVENT OF AN ACCIDENT,CLAIM, SUIT OR LOSS CONDITION The following paragraph is added to the end of Paragraph A.2., SECTION IV- BUSINESS AUTO CONDITIONS: Your obligation to notify us promptly of an"accident",claim, "suit"or'loss" is satisfied if you send us written notice as soon as practicable after any of your executive officers, directors, partners, insurance managers, legal representatives, or"employees"authorized by you to give or receive notices becomes aware of or should have become aware of such "accident", claim, "suit'or"loss". If you report an "accident"or"loss"to your workers compensation insurer which later becomes a claim under this coverage part,failure to report such "accident"or"loss"to us at the time of the "accident"or "loss"will not be considered a violation of this Condition, if you notify us as soon as practicable when you become aware that the"accident"or"loss" has become a liability claim_ D. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS The following paragraph is added to Paragraph B. of SECTION IV-BUSINESS AUTO CONDITIONS: Based on our reliance on your representations of existing hazards, if you unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part,we shall not deny coverage under this Coverage Part because of such failure. — —E. RESULTANT MENTAL ANGUISH The definition of"bodily injury"is SECTION V-DEFINITIONS 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. F. AMENDMENT OF FELLOW EMPLOYEE LIABILITY EXCLUSION The Fellow Employee Exclusion contained in Section fl -Liability Coverage does not apply if the"bodily injury"results from the use of a covered "auto" you own or hire. The insurance granted under this provision is excess over any other collectible insurance SA 30 02 06 08 Page 2 of 5 G. EMPLOYEES AS INSUREDS The following is added to the SECTION II—LIABILITY COVERAGE, Paragraph A.1.Who Is An Insured provision: Any"employee"of yours is an"insured"while using a covered "auto"you don't own, hire or borrow in your business or your personal affairs. H. EMPLOYEES HIRED AUTOS The following is added to the SECTION II—LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured provision: Any "employee"of yours is an"insured"while operating an"auto" hired or rented under a contract or agreement in that"employee's"name, with your permission,while performing duties related to the conduct of your business. SECTION IV—BUSINESS AUTO CONDITIONS, B-General Conditions, 5.b. Other Insurance is replaced by the following. For Hired Auto Physical Damage Coverage, the following are deemed to be covered'autos" you own: 1. Any covered"auto"you lease, hire,rent or borrow; and 2. Any covered "auto"hired or rented by your"employee" under a contract in that Individual "employee's" name, with your permission,while performing duties related to the conduct of your - business. However, any"auto"thal'is leased, hired, rented or borrowed with a driver is not a covered"auto". I. INCREASED BAIL BONDS AND LOSS OF EARNINGS SECTION II —LIABILITY COVERAGE,A.2, Coverage Extensions, a. Supplementary Payments is amended by: 1. Replace the 52,000 limit for cost of bail bonds with$5,000 in paragraph(2); and 2. Replace the$250 a day limit for reasonable expenses including actual loss of earnings with$500 a day in paragraph (4). J. INCREASED TRANSPORTATION EXPENSE—TOTAL THEFT OF A COVERED AUTO SECTION III—PHYSICAL DAMAGE COVERAGE, AA Coverage Extensions, a. Transportation Expenses, is amended by replacing $20 per day with $60 per day, and the$600 maximum with $1,800 maximum. This extension applies to all covered "autos"with a Gross Vehicle Weight of less than 10,001 pounds. K. INCREASED LOSS OF USE EXPENSES SECTION III—PHYSICAL DAMAGE COVERAGE,AA, Coverage Extensions, b, Loss Of Use Expenses, is amended by replacing$20 per day with $60 per day, and the$600 maximum with $1,800 maximum. L. ACCIDENTAL DISCHARGE OF AIRBAG COVERAGE The following is added to Exclusion B.3 a. of SECTION III—PHYSICAL DAMAGE COVERAGE: However, this exclusion does not apply to the accidental discharge of an airbag. M. GLASS REPAIR DEDUCTIBLE WAIVER The following is added to paragraph D of SECTION III —PHYSICAL DAMAGE COVERAGE: No deductible applies to glass damage if the glass is repaired in a manner acceptable to us rather than replaced. SA 30 02 06 08 Page 3 of 5 N. COLLISION DEDUCTIBLE WAIVER The following is added to paragraph D.of SECTION III-PHYSICAL DAMAGE COVERAGE: When a covered "auto"insured for Collision coverage under this policy collides with another"auto"we insure,the Collision deductible applicable to the covered "auto"or"autos"insured under this policy shall not apply. 0. TOWING SECTION III- PHYSICAL DAMAGE COVERAGE, A.2. Towing, is replaced by replacing the following: 2, Towing We will pay up to$75 for towing and labor costs incurred each time an "auto"with a Grass Vehicle Weight of less than 10,001 pounds is disabled if the declarations indicate that either Comprehensive Coverage or Specified Causes of Loss Coverage and Collision Coverage are provided for that"auto". P, AUTO LOAN/LEASE GAP COVERAGE — - The following Is added to SECTION III- PHYSICAL DAMAGE COVERAGE: In the event of a total "loss"to a covered "auto" shown in the Schedule or Declarations, we will pay any unpaid amount due on the lease or loan for a covered"auto", less: 1. Overdue payments and financial penalties associated with those payments as of the date of the "total loss"; 2. The carryover, transfer or rollover of a previous outstanding lease or loan balance from another vehicle to the original lease or loan for the scheduled "auto"; 3. The dollar amount of any unrepaired damage which occurred prior to the total"loss" of the scheduled"auto"; C All refunds paid or payable to you as a result of the early termination of the lease of loan agreement or, to the extent financed, as a result of the early termination of any warranty or extended service agreemerl on the scheduled "auto" 5. Financial penalties imposed under a lease agreement for high mileage, excessive use or abnormal wear and tear; 6. Nonrefundable security deposits; and 7, Costs for extended warranties,Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, The following is added to paragraph A. Loss Conditions of SECTION IV-BUSINESS AUTO CONDITIONS- Lease/Loan Gap Coverage shall apply to the remaining term of the original lease or loan agreement written on the scheduled "auto" at the time of total "loss". Q. PERSONAL EFFECTS COVERAGE The to!lowing is added to SECTION III -PHYSICAL DAMAGE COVERAGE, A,4, Coverage Extensions: c. Personal Effects We will pay up to $500 for"loss"to personal effects which are: (1) owned by an "insured"; and (2) in or on a covered"auto'. This coverage applies only in the event of a total theft of a covered "auto'. No deductible applies to this coverage. Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment are not considered personal effects. SA 30 02 06 08 Page 4 of 5 Fountain-Works LLC 10l25l2017 PBP281293100 ■ '�Y/� 1 012 512 01 8 STATE AW 10124l2017 me Insurance Companies _............ ........ ........ .......... ... ._.. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS LIABILITY PLUS ENDORSEMENT Unless otherwise amended by separate endorsement this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM CONTENTS 1. EXPECTED OR INTENDED PROPERTY DAMAGE 2. BROADENED NON-OWNED WATERCRAFT 3. AMENDED SUPPLEMENTARY PAYMENTS 4 .BROADENED DAMAGE TO PREMISES RENTED OR OCCUPIED BY YOU 5. ADDITIONAL INSURED - BROAD FORM VENDORS 6. ADDITIONAL INSURED - MANAGER OR LESSORS OF PREMISES 7. ADDITIONAL INSURED - LESSORS OF EQUIPMENT B. EXTENDED NEWLY ACQUIRED OR FORMED ORGANIZATIONS AS INSUREDS 9. IMPROVED DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT CONDITION 10. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS 11. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE 12. ELECTRONIC DATA LIABILITY 13. "MOBILE EQUIPMENT' REDEFINED 1. EXPECTED OR INTENDED PROPERTY DAMAGE Exclusion 2.a. in SECTION I - COVERAGE A is replaced by the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. BROADENED NON-OWNED WATERCRAFT A. If Endorsement CG 21 09, CG 21 10, CG 24 50 or CG 24 51 is attached to the Policy, the following is added to Paragraph 2.9.(2)(b) - Exclusions under Section I - Coverage A - Bodfiy Injury And Property Damage Liability: Paragraph 2.9.(2)(b) of Section I - Coverages is replaced by the following: (b) A watercraft you do not own that is: (I) Less than 51 feet long; and (ii) Not being used to carry persons or property for a charge; B. If Paragraph 2.A. does not apply, the following is added to Paragraph 2.9.(2) - Exclusions under SECTION I - COVERAGE pertaining to non-owned watercraft, is changed to the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge. 3. AMENDED SUPPLEMENTARY PAYMENTS Paragraphs b. and d. of the Supplementary Payments - Coverages A and B section are changed as shown: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit," including actual loss of earnings up to $500 a day because of time off from work. SL1206 (12/15) Page 1 of 6 .//su 206-201 s 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission 3ocoana3 i i i , veo I nn,l unror iri, iv.i� I [ . mra i. ,n I 10/ x/, v 1 ,3,or ry pnS) i Oyu � oc ry In$TATE Companies UTW i —................... ................__.._ 4. BROADENED DAMAGE TO PREMISES RENTED TO YOU A. The paragraph immediately following Exclusion 2J.(6) in SECTION I - COVERAGE A, is amended as follows: Paragraph (1). 13l and (4) of this exclusion do not apply to "property damage" (other than damage by tire, smoke, lightning, explosion, water damage or sprinkler leakage) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. B. The last paragraph under Exclusion 2.in SECTION I - COVERAGE A. is amended as follows: Exclusions c. through n. do not apply to damage by fire, smoke, lightning, explosion, water damage or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits Of Insurance. C. SECTION III - LIMITS OF INSURANCE is amended as follows: Paragraph 6. is deleted and replaced with the following: 6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, smoke, lightning, explosion, water damage or sprinkler leakage, while rented to you or temporarily occupied by you, with permission of the owner. Subject to all the terms of SECTION III - LIMITS OF INSURANCE, the Damage to Premises Rented To You Limit is the greater of: a. $500,000; or b. The amount shown in the Declarations for Damage to Premises Rented To You Limit. D. Paragraph 4.1o.11)(a)(ii) in Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced with the following: 00 That is Fire, Smoke, Lightning, Explosion, Water Damage, or Sprinkler Leakage Insurance for premises while rented to you or temporarily occupied by you with the permission of the owner. E. Paragraph 9.a. in Section V - DEFINITIONS is amended to read: 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, smoke, lightning, explosion, or water damage or sprinkler leakage to premises, while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract'. 5. ADDITIONAL INSURED - BROAD FORM VENDORS A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person(s1 or organization(s) (referred to throughout this section as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, 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: 1. The insurance afforded to such vendor only applies to the extent permitted by law; and 2. If coverage provided to the vendor is required by 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, cl. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; 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 at the vendor's premises in connection with the sale of the product; SL1206 (12/15) Page 2 of 6 u„uzr,�a-za i crz Includes copyrighted material of Insurance Services Office, Inc., with its permission 18,00 , 1 m..... w e/>> I'm Hoare m 11 1 i" non " ry ew "1", 1 ilv 11 �r Il mlSTATE TW Insurance Companies 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; or h. 'Bodily injury' or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Sub-paragraphs cl. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from wham you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. Provision B.2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Coverage Part. 4. This insurance does not apply if """bodily injury"" or "property damage" included within the "products completed operations hazard" is excluded either by the provisions of the Coverage Part or by endorsement. 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: 1. The minimum amount of insurance required by the contract or agreement; or 2. The amount of insurance available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This provision shall not increase the applicable Limits of Insurance shown in the Declarations. 6, ADDITIONAL INSURED - MANAGER OR LESSORS OF PREMISES A. SECTION It - WHO IS AN INSURED is amended to include as an additional insured any personfs) or organizatuonls6 from whom you lease a building or premises when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such personfs) or organizations) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for 'bodily injury", "property damage" or "personal and advertising injury' caused in whole or in part by some negligent act or omissions by you, your employees, your agents, or your subcontractors as a result of your occupancy, maintenance or.use of that part of the premises leased to you, provided that: 1. The 'bodily injury', "property damage" or "personal and advertising injury' giving rise to liability occurs subsequent to the execution of the agreement; and 2. The written agreement is in effect at the time of the ""bodily injury', "property damage", "personal and advertising injury' for which coverage was sought. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 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. B. Exclusions This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Any structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organizationls) from which you lease a building or premises. 3. Any premise for which coverage is excluded by endorsement. 4. 'Bodily injury', "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured. 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: 1. The minimum amount of insurance required by the contract or agreement; or SL1206 (12/15) Page 3 of 6 .// sr�zo�-zoo&iz 'ncludes copyrighted material of Insurance Services Office, Inc., with its permission n, ,aura ., u I ,. '9 01 zw IcoxJ 1 11 1, ,, ,a I R. LOCKSMITH SERVICES The following is added to SECTION III— PHYSICAL DAMAGE COVERAGE, A.4, Coverage Extensions: d. Locksmith Services We will pay up to $1011 for necessary locksmith services incurred because keys to a covered "auto' have been lost, stolen or damaged. No deductible applies to this coverage. S. TAPES, RECORDS AND DISCS COVERAGE Exclusion B,4.a. of SECTION III— PHYSICAL DAMAGE COVERAGE does not apply The foAowing is added to SECTION III—PHYSICAL DAMAGE COVERAGE,A.4. Coverage Extensions. e. Tapes, Records And Discs Coverage Under Comprehensive Coverage we will pay tar"loss"to tapes, records, discs or other similar devices used with audio,visual or data electronic equipment- We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (1) Are your property or that of a family member or employee (2) Are in a covered "auto"at the time of"loss"_ The most we will pay for"foss" is$200. T. HIRED AUTO PHYSICAL DAMAGE If hired "autos"are covered "autos"for Liability Coverage, then Comprehensive and Collision coverages are extended to an"auto"you lease, hire, rent, or borrow subject to the following 1. The most we will pay for"foss"to any leased, hired, rented, or borrowed"auto" is the Actual Cash Value or the cost to repair the "auto", whichever is smallest. 2. The deductible for Hired Auto Physical Damage will be equal to the largest deductible applicable to any awned "auto"scheduled on this policy for that coverage. No deductible applies to loss by fire or lightning. 3. If the"loss"to the leased, hired, rented, or borrowed "auto" is covered by Comprehensive Coverage, and if no owned "auto'scheduled on this policy is insured for Comprehensive Coverage, a $100 deductible will apply to the"loss". 4. if the"loss"to the leased, hired, rented,or borrowed"auto" is covered by Collision Coverage, and if no owned "auto"scheduled on this policy is Ensured for Collision Coverage, a$1,000 deductible will apply to the"loss". U. HIRED PRIVATE PASSENGER AUTOS AND LIGHT TRUCKS—WORLDWIDE COVERAGE Paragraph B. 7.e.(1)of Section IV—BUSINESS AUTO CONDITIONS— Policy Period, Coverage Territory is replaced by the following: A covered "auto" of the private passenger type or a light truck with Gross Vehicle Weight less than 10,001 pounds is leased, hared, rented or borrowed without a driver for a period of 30 days or less; and V. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The following is added to Section IV—BUSINESS AUTO CONDITIONS A.S. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against any person or organization to the extent required by you under a written contract executed prior to any "accident"or"loss", provided the"accident"or"loss" arises out of operations contemplated by such contract. This waiver applies only to the person or organization designated in such contract. SA 30 02 06 08 Page 5 of 5 Insurance TATE AUTW Companies 2. The amount of insurance available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This provision shall not increase the applicable Limits of Insurance shown in the Declarations. 7. ADDITIONAL INSURED - LESSORS OF EQUIPMENT A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any personls) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract, or agreement that such personls) or organizations), he added as an additional insured on your policy. Such person(s) or organizationiO is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such personls) or organization(s). However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A personls or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends- B. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the additional insured is: 1. The minimum amount of insurance required by the contract or agreement; or 2. The amount of insurance available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This provision shall not increase the applicable Limits of Insurance shown in the Declarations. 8. EXTENDED NEWLY FORMED OR ACQUIRED ORGANIZATIONS AS INSUREDS Paragraph 3. in SECTION II - WHO IS AN INSURED is deleted and replaced with the following: 3. Any organization you newly acquire or form, other than a partnership, or joint venture, and over which you maintain ownership or majority interest, will qualify as an insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; le. 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. No person or organization is an insured with respect to the conduct of any current or past partnership, or joint venture that is not shown as an insured in the Declarations. 8. IMPROVED DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT CONDITION Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: Paragraphs el and f. are added to 2. Duties In the Event of Occurrence, Offense, Claim Or Suit, as shown: a, The requirement in Condition 2.a. applies only when the "occurrence" or offense 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) A. member or manager if the named Ensured is a limited liability company. f. The requirement in Condition 2.b, will not be 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) A member or manager if the named insured' is a limited liability company. SL1206 (12/15) Page 4 of 6 //+SL1206-201512 Includes copyrighted material of Insurance Services Office, Inc., with its permission local ir..:,nlwot /III/Ihn1,� I)') /I ` II I ( NI Ice k n I lo,)y 101] I 1. 1 1 , orl , 1 1u 11 1e II STATE AUTO Insurance Companies 10. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Condition 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization which, before the loss, you have agreed in writing to waive your right of recovery. This provision does not apply to any written contract formed or executed after performance has begun. 11. PRIMARY AND NONCONTRIBUTORY Subparagraph a. Primary Insurance of Paragraph 4. Other Insurance of Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the following additional paragraph: However, this insurance is primary to and will not seek contribution from any other insurance available to a person or organization added as an additional insured under the terms of this Coverage Form or amendatory endorsement provided that: a. The person or organization is a Named Insured under such other insurance; and b. 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. 12. ELECTRONIC DATA LIABILITY A. Exclusion 2.p. of Coverage A - Bodily Injury And Property Damage Liability in Section I - Coverages is replaced by the following: 2. Exclusions This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data- related Liability Damages arising out of: (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) The loss of , loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. However, this exclusion does not apply to liability for damage because of "bodily injury". B. The following is added to Paragraph 2. Exclusions of Coverage.. B - Personal And Advertising Injury Liability in Section I - Coverages: 2. Exclusions This insurance does not apply to: Access Or Disclosure Of Confidential Or Personal Information Damages arising out of: "Personal and advertising injury" arising out of any access to or disclosure of any persor's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information, This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. B. The following paragraph is added to SECTION III - LIMITS OF INSURANCE Subject to 5. above, we will pay up to $50,000 for the loss of "'electronic data" under Coverage A for "property damage" because of all loss of "electronic data" arising out of any one "occurrence". The limit does not increase the "occurrence" limit stated in the Declarations. C. The following definition is added to the Definitions section: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CO-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. SL1206 (12/15) Page 5 of 6 //•SL1206-201SIZ Includes copyrighted material of Insurance Services Office, Inc, with its permission L�Laoae^ erl.ni .a, I (else/umb, srw S..m"a re. «.,L I Ln/.nlnn s ", 11, our 1C111) I val, 1i 11 13 STATE AUTW �`�► Insurance Companies ............... _._.......... D. For the purposes of the coverage provided b this endorsement, the definition "p p g Y property damage" in the Definitions section is replaced by the following: 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it. b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipuIlate "electronic data" resulting from physical injury to tangible property. All such loss or "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. 13, "MOBILE EQUIPMENT" REDEFINED Section V - DEFINITIONS is amended as follows: a. Paragraph 12J.(1)(a). (b), and (c) of the "mobile equipment" definition does not apply to self- propelled vehicles of less than 1,000 pounds gross vehicle weight. SL1206 (12115) Page 6 of 6 +11-S11206.20 15 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission ao eoonn3 1 ,oemor 1 1./ns/6mm- 1o/?,/iiau 1'Mi rh,111011 1 111/,1/zu1" 1,55 rt mn (Crn I 1,, 11 ,, 15 �] STATE AUT e 10/24/2017 e—LJ Insurance Companies AGENT COPY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION SCHEDULED PARTY This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE POLICY COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM EMPLOYMENT PRACTICES LIABILITY INSURANCE COVERAGE FORM LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SCHEDULE 2. Address: _ 220 Fourth Ave, South Kent WA gBq��� 3. Optional Notifilcatwon: 30_�days Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. We will mail the designated person or organization in the Schedule above at least 30 days' advance notice or the number of days' advance notice shown in the Schedule above if we cancel or nonrenew this policy for any reason other than nonpayment of premium, subject to statutorily permitted reasons. B. We will mail the designated person or organization in the Schedule above at least 10 days' advance notice if we cancel this policy for nonpayment of premium; or C. The person or organization shown in the Schedule above will he mailed confirmation if you cancel this policy for any reason. In no event will the action or timing of the named insured's election to cancel or modify the terms of this policy serve to extend the policy beyond the expiration date shown in the Declarations. Failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives. SI 10 20 06 10 Page 1 of 1 •//•S11070-701306 Includes copyrighted material of Insurance Services Office, Inc.. with its permission City of Kent Master Business License Application DATE: City of Kent Customer Service • 220 Fourth Avenue S. • Kent,WA 90032-5895 O5IO3IZOIH 253-B56-5210 • customers "ice@KentWA.gov BUSINESS INFORMATION Axak.ttreae�n.oecermtw.3r.kmasewjowl mrobliananecalitiw.a. ai p rit„Nan a Fountain-Works, LLC Trade Name DBA:. Physical Address: 6109 Long Dr _ City: Houston State: Tx ZIP: 77087 Mailing Address:Same as Above City: _ State: ZIP_ Phone: 281-303-5184 _ Email ar@fountain-works.eom WA State UBI#: ____..._..._...._.......___ WA State TRN (if applicable):__._ 0 Individual 0 Partnership ■ LLC 0 Corporation 0 Other Type of Business:(check all that apply) ❑ Wholesale Trade E3 Retail Trade 0 Service E3 Manufacturing ■ Construction 0 Govt. ❑ Transp./Commun./Util. 0 Finance/Insur./RE 0 Education a Health Industry ❑ SalaclMktn ❑ (1rhAr Description of Business Activity:City of Kent Fountain Repairs Date when business activity began in Kent,15 May 2018 Owner(s)/Offcers Name(s): Sandra Erpelding Address: 6111 Long Dr _ — City: Houston State: Tx ._ zip: 77087 Phone: 281-303-5184 Email: sandra@fountain-works.com Estimated Annual Gross Income In Kent(Check the box that applies to your business) M $0'- $200,000 0 $200,001 - $1,000,000 0 More than $1,000,000 Contact person. Beth Sanchez Phone: 12813035184 . Email: ar@fountain-works.com THIS SECTION APPLIES TO BUSINESSES THAT HAVE A PHYSICAL LOCATION WITHIN CITY LIMITS -. CAL V_MBESM NAICS Code _ Square Footage: _ Do You Share a Location with Another Business? E3 No ❑ Yes (If yes,please call C/S at 253-856-5201) If so please list other entity, _ Will your business engage in selling, giving away,distributing,dispensing,exchanging for anything of value, planting, growing, processing, packaging,storing,or any other act relating to marijuana as that term is defined in RCW 69.50,101? 0 Yes 0 No Do you have more than one location within the City of Kent? 13 Yes E3 No it yes,please test location(s): Does your business require a specialty license(i.e.Applicable if your business has Amusement Devices,Cabaret,or Pool&Billiard Tables)? E3 Yes O No If so please list: Emergency Contact: Phone Phone: __ — m..-...m. Continued on balk (MM UCIAL BUSINESSES ICO "T6 Does your business manufacture, process or package food or drink? O Yes ® No Does your business prepare, serve or make available food or drink for consumption by the public? 0 Yes ■ No Total number of employees (Use this number to determine license fee) Fee Schedule NUAUI6ER C?F'EMPLOY E ___-.�..�_ pPENdIVC„ '�,Y M 0-24 Employees $240.59 $190.59 25-49Employees $34059 $240.59 50-99 Employees $540.59 $340.59 100 or more employees $740.59 $440.59 IndePiel�IderttltlrliTraCta�t ^ ...g1(yT;pq. „ _SS1.00� (Example: Someone leasing a chair at a licensed salon or barber shop) Non-Profit No Charge 501 (c)3Required Relocation in Kent No Charge (New App.req.) Prior Kent Address: ', !mRESITTEPITBUSINESS THIS SECTION IS FOR BUSINESSES WHICH DO NOT HAVE AN OFFICE ON PHYSICAL LOCATION IN THE CITYOFKENT. /Fee Schedule ,X, Operatingp before Iuly 1 $101.00 Operating after July 1 $51,00 t l TALI FIOLJSINEi BUSINESS E 'TION TNISSECTNAIISONLYFORRENTALPPOERMWNN}IEiUTAINTWOORMOREHOUSINGUNITS Fee Schedule Opening July 1 2 to 10 units $101.00 $51.00 11 to50units $301.00 $151,00 51 and above $601.00 $301.00 TAX FIEISTItATMN By completing this application,you are also registering to fle City of Kent business and occupation (B&O)tax returns. If your business activities are exempt from B&O tax,please write the reasons) here: Out of state Independent Contractor The City also levies a utility tax,admissions tax,and gambling tax upon certain business activities.For tax forms or auuriiut rat a uomwocui,vrsu us at nejl[VVA yov or conlacL uW tax utvision at l�sns�o-otoo. I hereby certify that the statements and information furnished by me on this application are true and complete to the best of my knowledge.I also acknowledge that the statements and information fumished by me on this application are public records and are available for public inspection pursuant to State oP''. gtir 42.17,260-1 understand that issuance ofthls license is conditioned upon compliance at all times with all applicable orehnan s,r ions ane� statutes of the City of Kent and State of Washington.The issuance of this business license does not imply compliancewithif 2 yg,Idrnftsrrr Fire and Building Codes. ature.• Print Name: Sandra Erpelding Tnle: 0 ner ._ Date:05/03/2018 .I.....I.......•.......................„,INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED........,,........ .. FOR OFF"USE ONLY:At r .Date Rec'd Amount Paid REQUEST FOR IMIAYOR'S SIGNATURE * T , Print on CtiE rry-Colored Paper R:h E 4.q Routing Information: r (ALL. REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) APproved by,dp mctor" ,, Originator: Jan Applegate e � phone {Originator}. y 5122 mate Sent: 05/31/2018 [fate Required: 06/04/2018 Return Signed Document to: contract Termination Date: Jan Applegate 10/01/2018 VENDOR NAME: Date finance Notified: Fountain'-Works, LLC (Only required on contracts 5/16/2018 20 000 and over or an an Grape DATE OF'COUNCIL APPROVAL: Cl/a - ,Date Risk Manager Notified:04 2$ 2018 _ Re uq fired ntra on Non-city Standard Cocts r�rnents Has this Document been pecif aNl Account Number Authorized in the.Budget' XIS NO P20510.641 0. 53Q Brief Explanation of Document: Service and maintenance to be performed on fountain located in the City of Kent at i Town Square Park, 426 West Smith, Kent, WA 98032`as per Quote 4678, dated 3/18/18, marked at Exhibit A attached. ,G "t fist Be Routed Through The caw department (This area to be completed by the Law Department) Received: �r`r Approval of Law irip �: Law De t. Comments: r „r Shaded Areas To Be Completed By administration Staff �j/ AS" r ; /iyr i