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PK18-245 - Original - Smith Fire Systems, Inc. - Fire Protection Services - 08/31/2018
ANT Records Management Document CONTRACT COVER SHEET This is to be cornplleted by the Contract Manager prior to subrnission to the City Cllerk`s Off iice. Apl portions are to be completed. If you have questions, ppease contact the City Cllerlk`s Office at 253•-856-572,5. ❑ Blue/Motion Sheet Attached ® Pink Sheet Attached Vendor Name: Smith Fire Systems, Inc. Vendor Number (IDE): 67830 Contract Number (City Clerk) Category: Contract Agreement Sub-Category (if applicable) o iacrE7 tl ii,. ire .m, Project Name: Fire Protection Services Various City Locations Contract Execution Date: 08/01/18 Termination Date: 07/31/19 Contract Manager: Nancy Clary Department: Parks Contract Amount: $40,302.00 Approval Authority: ❑ Director X❑ Mayor ❑ City Council Other Details: �OT GOODS & SERVICES AGREEMENT between the City of Kent and Smith Fire Systems, Inc, THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Smith Fire Systems, Inc. organized under the laws of the State of Washington, located and doing business at 1106 54tn Avenue E., Tacoma, WA 98424, Steve Pell, 253 248-2058, spell@smithflre.com (hereinafter the "Vendor"). AREEMEPIT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: Provide City-wide fire and security alarm monitoring, fire and security maintenance and confidence testing, as well as Inspections, maintenance and testing of fire suppression systems as per Quote dated June 22, 2018, which Is attached and incorporated as Exhibit A. The services provided are not subject to Washington State Sales Tax. 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 by July 31, 2019. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $46,756.00, 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: Vendor shall Invoice upon completion of work, Terms: Net 30 days GOODS &SERVICES AGREEMENT - 1 (Over$20,000, Including WSST) 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. 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,,,,,,,P,vy W f- . 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. 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 GOODS &SERVICES AGREEMENT - 2 (Over$20,000, including INSST) 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 falls 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 pr otesting in the way this section P ( ) P n rovgdes. An amen dment ndment that is Y P 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 i through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption If the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time Incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duto Camplet_e Protested WWork. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. GOODS &SERVICES AGREEMENT - 3 (Over$20,000, Including WSST) i D, Fallure 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 P'rocedur[.s 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. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDQ5JRG L 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 GOODS &SERVICES AGREEMENT - 4 (Over$20,000, including WSST) 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 Materlais. 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 Gover[IlDg 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, 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 Aareean nt. 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. GOODS &SERVICES AGREEMENT - 5 (Over$20,000, including WSST) H. -CgrMr pliance 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, emalls, and other records prepared or gathered by the Vendor In Its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Recuirgd• 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. Email. This Agreement may be executed In any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: y CITY OF KENT: By. 'a By; (signature _. (signatu. Print Nm c l Print Name: Dana Ralph Its I .' Its ,,,,,,,,, Mayor DATE: " r (utie) DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: mm VENDOR: CITY OF KENT: Steve Peil Nancy Clary Smith Fire Systems, Inc. City of Kent 1106 541" Avenue East 220 Fourth Avenue South Tacoma, WA 98424 Kent, WA 98032 253 248-2058 (telephone) (253) 856-5084 (telephone) 253 926-0726 (facsimile) (253) 856-6080 (facsimile) GOODS &SERVICES AGREEMENT - 6 (Over$20,000, including WSST) I VAFORM, Kent 01 y � rk Ph GOODS&SERVICES AGREEMENT- 7 (Over$20,000, Including WSST) i 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 signing below, I agree to fulfill the five requirements referenced above. ., _.... For; Title: Date: , iJs 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 i 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 Lee, ZLI L se- ,94 rvitothat was entered into on the ,�'sh'1'Zov (date), between t e 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: I�X For:=,,4W- 1,xx N6 t. i1i '- -L f-'(ec S Title: -%d 'f vd' Clv .-� ('uLc Lcyc..J P'Tl r Date: z, 19, _ EEO COMPLIANCE DOCUMENTS - 3 of 3 i EXHIBIT A p'J 1 iq"rar�7ld�rrf SMITHFIRE SYSTEMS, INC. City of Kent ; 8 400 Wool Qowe Kont,WA 00032 Attn:Nancy Clary Phone:263.868.6084 :r �.Y Email: n41,crr^'i.GASIYi,SIILY i r(t �{, p", 'dr✓= 'p r Contents Include: t Qualifications Overview Service Agreement Pricing .'., Inepactlon Services 0111 of Materials Clarlticatlone City of Kent Inepactlon Matrix 400 West Ql)W@ I;rp Service Labor Rates Kent,WA 88032 One Call Solu0on I 4 r, t p ?s +r°w " V „I Si July 26,2018 Door Nancy, Fleas*review the following Fire and Lifts Safety service proposal.This agreement Includes the following Inspection services:Annual Fire Sprinkler,Sacfoow Assembty,Fire Alarm,Pre Adlon,Stand Pepe,Seml Annual Kitchen Road,Dry Chemical,Booth inspections,Security,Panic and Fire Protection Monitcring Please confirm with the insurance company what Inspection frequency they require for your coverage.This proposal only Includes the roclulremews ofib s local AM We are cwnfldent that we can meet the challenges ahead,and stand ready to partner with you In delivering our"One Call Solution"to meet your fire and life safety needs, In the effort to provide the best possible swvlce,please take this time to update your company's contact list,Our recommendation Is to list the first,most likely respondent,to the site In the event of an emergency, („ nano*ulc) gntaota .ett*rn I'�nuo *r Fnetlllliux na°„„_,,� _ -__._ Name Title Phone Number Email Address if you would like to proceed with our proposal,please Issue a purchase order or sign below and omal I this page to my attention.]ftho bill(Oh, v�r}tl ;gl>�hi � y�as n Uiv please update the proposal. Upon receipt,we will enter your account information Into our system so scheduling can be completed.If there are any additional services you would like us to provide,please call me directly, City of Kent Smith,Flos systems,Inc, 400 West Oowe 1106—54e Avenue Fa)t, Kent,WA 98032 Tacoma,WA 9842 0 }f Approved By(Signature): Signature: . Approved By(Printed): Steve Pell Title; SFS ITM Account Exe utivo, Dates _ Dates Telephone; Josh Gooding, SFS ITM One tons M agar Email Signature° - r r t . ,. PurohaseOrder: .__ Date. Z. '- ,,...,,,� s Tacoma Office. 1106 5411 Avenue E.-Tacoma,WA 98424-Phone:(253)241-2000-Fax:(253)926-0726 Marysville Office-4106 136"St N.B.-Marysville,WA 98271 -Phone:(360)651-7701-Fax:(360)653-6260 2 v. �Erl'hP�511tX6i, rs 9�ul6r�rlt4 �,xll(° oaf r' �V lty V G r� �o p . ry �yxa i l f v Nv, i Smith Fire Systems has proven to be an Industry leader in the following ways; • Smith Fire Systems is a looally owned and operated business with over 30 years of experience specializing in the installation,inspection and maintenance of your fire alarm,flre sprinkler and suppression systems, • Smith Fire Systems has oftlees located In Tacoma and Marysville Washington, • We oft value by providing a"ONO Call Seiullera"for our customers fire alarm,fire sprinkler,fire pump,backflow and suppression needs, 4 ^/ a � " e I1i *76 wya y,iuukp4GJE",'lt�l4lk?n� ,rN,Yi��stsn, M? d—la � Smith Fire Systems is pleased to submit this proposal to perform comprehensive testing of the fire and life safety systems for the Amazon Services,At the conclusion of our testing,Smith Fires'Inspection Team will provide the customer with Inspection documentation to ensure that the customer's equipment testing ffequency is In compliance with the local Authority Having Jurisdiction, This agreement covers the Inspection and testing of the equipment listed In els service proposal, Notet Any equipment deficiencies found during the Inspection process will be quoted separately on a fixed price or a time and material basis. f ,��7 Vyl,( - �✓ Vv,,anti n Jw" 11D� Ny 'ry �Y a r Jkr�M1Sd oar tl ( ' qi.� y»aY1dhU'r� INvNvi �� l riiyvd�: , i /{P��P� 1ha� �tr% 1:rah„i�ry ,Jll �"�pJd �'f,`r,i �,. �0l,Vp ;;rf k 'y VGM The tattle#-tarr9.gff this agreement shall commence on the effective daft�9d aonllnuo fowon rll)' — LL year unless nofati otTrg lsa tl e.eonalusMn atfMd Iriltfal" army a new agreement will be seat for review 1*.ihq coutaysttrkf partyA�tey on an annual basis. Centennial Center—400 W. Oowe Pricing inaluel"Scope for:0uanerlyy Flre Alarm,Annual Saoka'awwl8xtefloeVauk, Flre Sprinkler Inapeollons,6 Year IPEIFDO Maintenance and ARG Fire Protection Monitoring, 2018.2019 quarterly Fire&Llfe Safety Inepw0on Services; I $3202.00 201&2019 Monthly Fire&Life Safety Monhoring Services $361Monthly t tl $420.001 Annually 2.010 Internal Pipe Exam—FDC Flush 5 Year Maintenance 1880.00 2018 One Time Conversion Feet $800100 Annual Total2018: $8102A0 N 3 Centennial Center Garage-400 W. Gowe Pricing Includes Scope for;Annual Stand Pipe Inspection and 6 Year Malntenana. 0 2018.2019 Annual Fire&Life Safety Inspection Services: City Hall—220 Fourth Avenue South Prfcing Include*Scope for.Annual FireAi'orm,SackAow,Stand Pipe Inspections,6 Year Malntenanoo and AE$Fire Protaotton Monitoring. i 2018.2019 Annual Fire&Life Safety Inspection Services: $1084,00 2018.2019 Monthly Fire&Life Safety Monitoring Services @$36/Monthly; 1 $420,001Annually 2018 One Time Conversion Fee; $600,00 Annual Total 20% $2104.00 Corrections Facility- 1230 South Central Prism inaludee Scope for;Annual Fire Alarm,SaokAoWVJl9xW4orVsull,Fire Sprinkler,Pro Action,Hand Supproselon,8Year IPErF00 Molnisnonce and AEG Fire Protoo6cn Monitortog, 1 2018.2019 Annual Fire&Life Safety Inspection Servloes: $3968.00 2018-2019 Monthly Fire&.Life Safety Monitoring Services $361Monthiy: $420.001Annually A 2010 Iniemal Pipe Exam—FDC Flush 6 Year 1880,00 Maintenance 2018 One Time Conversion Fee: $800.00 Annual Total 2018: $8858.00 4 I Corrections Annex-8323 S 26P Pricing Includes Scope for Annual Fire Alarm Inspection and ASS Fire Proleollon Monitoring. 2018.2019 Annual Fire&Life Safety Inspectlan Services: $364.00 2018-2019 Monthly Fire&Life Safety Monitodng Services a$361Monthly: $420.001Annually 2018 One Tlme Conversion Fee: $600.00 Annual Total 2018: $1374,00 Municipal Court—1220 Central Avenue South Pricing Includes$caps for:Annual Fire Alarm, Fire Sprinkler Inspections,a Year IP$EKam,Sewrlty and AE'S Fire Protection Monitoring. 2018.2019 Annual Fire&Life Safety Inspection Servlcas: $1084.00 r 2018.2019 Monthly Flro&Life Safety Mon Raring Services®$361Monlhly; $420,001 Annually 2016 Internal Pipe Exam—FDC Flush 6 Year Maintenance I $1880.00 2018.2019 Monthly(1)Security Monkoring Service$20/Monthly $240,001 Annually h 2018 One Tlme Conversion Fee: $800.00 Annual Total 2018: $4224.00 Commons-625 4u'Avenue North Pricing Includes Scope fora.Annual Flre Alahn,Bookfow and Fire Sprinkler Inspectiona,IPF/F00 Malntenance,8ecudlyand ASS Fire Protection Monitoring, 2018.2019 Annual Fire&Life Safety Inspection Services: $1300.00 a i 2018.2019 Monthly Fire&Life Safety Monitoring Services 4$351Mr1nthly___ $420,001 Annually 2018.2019 Monthly(l)Security Monitoring Service Wlth Opening and $300,001Annually Closings$261Monthly 2018 Internal Plpe Exam—FDC Flush 6 Year Maintenance $1128.00 2018 One Time Conversion Fee: $000.00 Annual Total 2018: $3838.OD j Senior Center- 800 E Smith Pricing Inoludes Soope for:Annual Plre Alarm,Backllow wlExterlor Voull,Plre Sprinkler,Semi Hood Suppression Inspections,Wour IPEIFDC Maintenance and AES Fire Proteatlon Monitoring, 2018-2019 Annual Fire&Life Safety Inspectlon Services; $1814.00 2018 Internal Pipe Exam—FDC Flush 6 Year Maintenance $1128.00 2018-2019 Monthly Fire&Life Safety Monitoring Services Q$361Monthly: $420.001 Annually 2018-2019 Monthly(1)Security Monitoring Service With Opening and $300.001Annually Closings$251Monthly I 2018 One Time Conversion Fee; $600,00 Annual Total 2018: $42e2.00 Rlverbend 18 Hole Clubhouse- 2018 West Meeker Pricing Includes scope fbri Annunl Piro Alarm,Eaokflow,Impecaona,Seeurhp and AL'S Pin I'roteodon Mmdtorin4. 2D18-2019 Annual Fire&Life Safety Inspection Services: $918,00 2018-2019 Monthly Fire&Life Safety Monitoring Services®$361114onthly: $420.001 Annually 2018-2019 Monthly Security Monitoring Service With Opening and Closings $3001Annually $26tMonthly, n i 2018 One Time Conversion Fee; woom Annual Total 2018: $2238.00 Driving Range-2020 West Meeker Peking Includes scope fart Annual Fire Alum,Haokgow,Semi—Annual Hood Suppreaelon lnepeollonr,Security and AES Fire Protection Monlioriny, 2018.2019 Annual Fire&Life Safety Inspection Services: $1202.00 2018.2019 Monthly Fire& Life Safety Monitoring Services Q$361Monthly; $420,001 Annually 8 9 2018.2019 Monthly(1)Security Monitoring Service With Opening and $300IAnnually Closings$261Monthly 2018 One Time Conversion Fee; $600.00 Annual Total 2018: $2522,00 Police Department-220 Fourth Avenue South Prtaing Maluldas Scope for:Annual Fire Alarm Bookilow vjlExtenor Vauk,Fire Sprnkler Insperalons,6 Year IPFJ FDC Malhtltnanoe,Seoddgr and AES Fire ProtaaMan Monitoring, 2018 Internal Pipe Exam—FDC Flush 6 Year Maintenance $1128.00 2018-2019 Annual Fire&Life Safety Inspection Services: $1224.00 2018-2019 Monthly Fire&Life Safety Monitoring Services a$36lMonthly; 1 $420.001 Annually 2018 One Time Conversion Fee; $600.00 Annual Total20% $3372.00 Public Works Operations-$821 S. 2401h Pdoing Inaludla Scope for:Annual Baokkow,8eml Dry Chemical Booth Inspeotlona and AES Radio Monitoring, 2018.2019 Annual Fire&Life Safety Inspectlon Services: $848.00 2018.2019 Monthly Fire&Life Safety Monitoring Services a$36lMonthly: $420,001Annually 2018 One Time Conversion Fee: $600.00 Annual Total 2018: $1888.00 Publle Works Pump Station 6.23825 98th Ave S. Pricing Includos Scope for;Annual Backflow,Fire Sprinkler Inapecdone and 6 Year IPE/FDC Melntenanue. 2018.2019 Annual Fire&Life Safely Inepecilon Services: $762.00 2018 Internal Pipe Exam—FDC Flush 6 Year Maintenance 1 $940.00 Annual Total 2018 I $1692.00 7 East Hill Pump Station-SE 248Tu AND 108Tn SE Pricing Includes Scope for:Annual Sacknow,Fire Sprinkler Inspections and 5 Year IPEIFDC Maintenance, 2018.2019 Annual Flre&Life Safety Inspection Services: $75240 2018 Internal Pipe exam—FDC Flush 6 Year Maintenance $684.00 Annual Total 2018 $1316.00 Water Treatment Plant-9001212rh Street Prioing Includes Scope for:Annual Firs Alonn 8acKovr WlEaterlotVault.Fire Sprinkler Inspections,5 Your IPEIFDC Maintenance andAE8 Re Prolootlon Monkorl% 2018-2019 Annual Fire&Life Safety Inspection Services: $800.00 2018 Internal Pipe Exam—FCC Flush 6 Year Maintenance $584.00 2018.2019 Monthly Fire&Life Safety Monitoring Services®$35/Monthly: $42D,001Annually 1 2018 One Time Conversion Fee: $800.00 Annual Total2D18: $2384.00 Lagoons Englneer ing-22306 Russell Road Pricing Includes Scope for:Security Protection Monitoring 2018.2019 Monthly Fire& Life Safety Monitoring Services Q$20lMonthly: $240.001 Annually 2018 One Time Conversion Fee: $364.00 Annual Total 2018: $594.00 City of Kent-Historical Society-855 E.Smith Pricing Includes Scope for Security Protection Monitodng 2018-2010 Monthly Fire&Life Safety Monitoring Services @$20IMonthiy: $240,00!Annually 2018 One Time Conversion Fee: $364,00 i i e Annual Total 2018: 1 $694.00 City of Kent-Pool-253161011t Ave SE Pricing Includes$cope for.Annual Baokrow Inspeollon 2018.2019 Annual Pre&Life Safety Inspection Services: I, $364.00 Neely Seamen House-5311 S.237th Place Pdoing Includes$copefor:Annual Backfow Inspection 2018.2019 Annual Fire& Life Safety Inspection Services: $364.00 x u Around The Clock Rental Property-422 West Titus Street Pricing Includes Scope ton Annual Bsokflow Inspection 2018.2019 Annual Flre&Life Safety Inspection Services: $354.00 ttyment terms are not 30 after receipt of invoice • WasHlington,"a t sales tax is not included in this proposed • This pricing is valyd far+,l.0 days Thom the data ofl tisis ro o'saG,after which it will be subject to _,....,.,_ae ..,m... our review, Disclaimer:The ostlms,ted�pflrcing outlined In this proposal is baRiron the.altgohod scope of work.The proposed prjplog1"s"eubJect to cbange If the project/servlce scope Is c nged or Zoilt;for•outspurced « Water purveyors may assess a smoharge or penalty for fleewater e.Theso fees,iWplloablearenot Included In this proposal and are the reaponsibillty of the owner. 8 79F Yr° "- o• • White on Site,any Backflow Inspeotlon not listed In the proposal will be lwoloed at$65.00 per assembly. • Any Exterlor Backilow Vault not Ilstod in the proposal wlII be invoiced at$150 par Vault, • If Pumping Water out of the Vault Is needed an additional fee of$125 will be added to the Invoice. • Water purveyors may assess a surcharge or penalty for firewater use.These fear,If applicable are not Included in this proposal and are the responsibility of the owner, • Unless speolfloally noted otherwise,testing and Inspection does not constitute"winterization"of the dry system,Customer agrees and understands that low point drains are the sole responsibility of the building owner or tenant and must be maintained In accordance with NFPA 25. • PEN Testing is not included as part of Ibis proposal, • Unless speolflcally noted otherwise,testing the functionality of the Beam,Not&Smoke detectors does not Include sensitivity testing, • Per L&I,work within"Any Elevator Shaft or Vault'Is not Included as part of this proposal,Hence,any Initiating device located Inside an elevator shaft or vault will not be Inspected without the presence of an elevator technician on site,Elevator Shunt Trip Testing is not included, • Roll down Doon and/or Smoke Curtains are not Included as part of this proposal, r September Annual Fire Sprinkler Test&Inspection—Riser Room Wet&Dry Systems ♦ Annual Swndplpeinspection Annual Fire Alarm Inspection-100%AudibWVloual Device Testing Visual Inspection of"ALL"Sprinkler Heads • Annual Baokflow Assembly Test&Inspection Commercial Walk Throughs 10 4�1�N��Y"WIrWP. 1. Unless specifically noted otherwise and in accordance with NFPA 25,Inspection refers to visual examinslion accessible from ground level all exposed systems or portions thereof that It appears to be in operating condition and free of damage.The test and Inspection does not constitute a system survey or engineering analysis of the system and/or its design. 2. Smith Fire Systems(SFS)makes all attempts to perform 1000/4 vlsust Inspection of the automatic sprinkler system and Fire Alarm.System In accordance with••.NPPA requirements.If SFS encounters access Issues outside their control,the re-inspection will be documented as a deficiency In accordance to NFPA, 3, It is understood that the contractor by providing such Inspection servlco and by making such adjustments as may be required,does not warrant the condition or operation of the system Inspected.it is the owners' responsibility to provide proper maintenance to Insure the operation of the fire systom, 4. Unless previously agreed upon,this proposal does not Include preventative maintenance of any equipment,including but not limited to,bsok{low assemblies,generators,fire pumps,fire sprinkler systems,fire alarm systems,clean agent systems,kitchen hoods,emergency lighting and fire extinguishers. S. This proposal does not Include any repairs required to complete the inspection or bring the system up to current code requirements. 6. The customer agrees to provide Smith Fire Systems with access to all areas ofthe building during the Inspection.This may Include the provision of building keys,scoots badges or at a minimum,the customer agrees to have a representative assist Smith Fire during the Inspection. 7. All work will be performed Monday through Friday between the hours of 7,OOAM•4t00PM unless otherwise stated. 8, "Cancellation within 72 hours of the Inspection"will be subject to a$250 rescheduling fee. 9. "All"City Ordinance or AHJ(Authority Having Jurisdiction)Fees/Permits,Including but not limited to, V party administrators are the Financial Respontlblllty of the Property Owner.Said Fees Incurred by Smith Fire Systems will be passed onto the Property Owner, 10, Rental Equipment required to complete the Inspection and/or service will be added to the invoice. Washington state sales tax will be Included on sold Invoice. 11. Subcontractor Pots required to complete the inspection and/or service will be added to the Invoice, Washington state sales tax will be included on said invoice, 12, Any return trip Is subject to our posted Service Labor Rates. 13. Smith Fire Systems reserves the right to adjust our annual inspection proposal pricing if additional equipment,Including but not limited to,baokflow assemblies,Exterior Baokfiow vaults,private fire hydrants,fire pumps,fire sprinkler systems,fire alarm systems,clean agent systems,kitchen hoods, emergency lighting and fire extingulshers Is discovered and/or added to the fulllty during the terms of the Inspection agreement. 14. Annual Test Reports will be submitted to the local Authority Having Jurisdiction. 15. Billing on Completion of the inspection Services. 11 OIvc ('"1, 11 S4h[Itk6[chIII, li t11 i,m-It ( tort' Itd' 1 uta l. ,ti.rd-t kv \cv(,K +a For service support or service dispatch between the hours of 71OOAM and w A 00pM Monday through Friday You cam oontact our service team via day ( emallatsy(ttdNelrA taf(rsllla))tl@rt gtf For 2db3ourEar$artay5ervloe �` A contact our Sarvleo Department by phone as(253)248 21 Customers can also reach out to any one of our team members directly using the contact Information below. Tacoma Office- 1106 50 Avenue E,-Tacoma,WA 98424-Phone:(253)248.2000-Fax:(253)926.0726 Marysville Office-4106 13611'St N.E.-Marysville,WA 98271 -Phone:(360)651.7701 -Fax:(360)653.6260 INSPECTION AGREEMENT GENERAL TERMS AND CONDITIONS These General Terms and Conditions are attached to and an Integral pert of the contract('Agreement"?cone Citing of these Ter i and Conditions and the attached Inspection Agreement("Inspection Agreement')made by Smith Flre Systems,Ino.(°Cdry p ny'r and the person ar entry signing on the Inspection Agreement("Customer'), / I. CeaeralProvUlone I,I Term.The initial term of this oarrememl chaff commonco on rho e1yetelve dolt end continue Cara it year unless noted otlecrAno.At tile eonclooion oftho lnitinl Tutn,ahtsearta®enl will automatically extend farthe to a 12 month Term with 03+yelrersasa,thesis oltaer panty gives written notice to Cho other gamy at tenet thirty(30)days prior to the to vyPigfe esieling agreemtnl Tenn 1.2 Pricing.The pricing wtabllshed In this proposal Is tow upon the number of dev c�s and tgutpment listed in the scope of work.Iftho actual number of device or egUlpmem to be lnspootcd arserviced It Ancient than lhe mbue lifted to thosoapo ofwurk,the price maybe liereesed in accordance with the prevailing company prices upon notice to the custom rat the end aftha lnlital Tonn 13 surlier Levett Work Times,Cunorner ace inleatod the strvloc lay I, shrill aaer con�eldtring and agitating various loycts ofpratcetlon asTBrded,and Christened caste Company will perform an wmr duftag.�eo=at working hours ofnorram working days(7:00 am, -4mmpI%,MandayihraughFrl day,txeludlgCompsnyhallldays),at regard by atmpmwy,nnlmsaddnConaGtlinexCiroapt45estydewrlbtd In this Agreement 1A Scope ofWark.Company vAI perloan ihae sae provided In this Allotment hatiorN.on)far one or moan (t ayalern(s)on oaulpment as described 1n the Inspacn Preps aodglona ant Orga Agrnoman;(ontaooglvety,'$cope of vVark"1 or the NIn listed aflaonmente ('Covered Syetam(s)°), The Cost its shall promptly nogty Company of any msliurvallon In the Govarod "jUX,i��, Synem(s) which comas to Cuetamtit's attention, 11i Agracmnrtl oasumea the Covered Systori are in Opetelianol and matmapnnbCa oration no of the Agreement date. Ijeupon Imind inspection,Company detnrmines that repairs are recommended, rom ik charges will be sub mlit ad for opprovai earl Al any work,Should smzh repair work be dsdlnad Company Chat be rolIeved from any and all Ilatdllty anatng therefrom, 1.6 EXCLUSIONS,UNLE�9 OTHERWISE SPECIFIED IN THIS AGREEMENT,AW INSPECTION(AND,IF SPECIFIED, TESTING) PROVIOED UNDER T I$AGREEMENT DOES NOT INCLUDE ANY MAINTENANCE, REPAIRS, ALTERATIONS, REPLACEMENT OFPARTS, FIELD ADJUSTMENTS WHATSOEVER,NCR DOES ITINCLUDE THECORRECTION OFANY DEFICIENCIES IDENTIFIED COMPANY TO CUSTOMER. COMPANY 9HALL NOT EE RESPONSIBLE FOR EQUIPMENT FAILURE OCCURRING .E COMPANY IS IN THE PROCESS OF FOLLOWING ITS INSPECTION AND SERVICE TECHNIQUES, WHERE THE FAILUR80 RESULTS FROM THE AGE OR OBSOLESCENCE OF THE ITEM OR DUE TO NORMAL WEAR AND TEAR.THIS AGRE. ENT DOES NOT COVER SYSTEMS,EQUIPMENT,COMPONENTS OR PARTS THAT ARE BELOW GRADE, BEHINDWAI/L$/ OTHER OBSTRUCTIONS OR EXTERIOR TOTHEBUILDING,ELECTRICALWIRING,ANDPIPING, t. r Furmor A01"monts,The Customer further agrees to: 1.E.1 Provide Company access to the Covered System(&)to be selvlced; 1 t � W 1,8,2 Supply suitable aleclAoel service,heal.heel lrsoing,and adequate water sup ply; 1,8.3 Provide a safe work environment,In the event of en emergency or Covered Syslem(a)fellum; 1.6.4 Take reasonable safely precautions to protect egalnel peroonal Irlury,death,and property mogo, Such measures shall continue until the Covered System(a)are operational,Customer shell nollfy Ccmpony se me es practical under tits olrcumatenoes, 2. Repair Sarvloaa. The Agreament price does not Include repelre to the covered systall Women ndad by Company during the Inspection,for which the Company will submit Independent pdmtng to Customer and as to A he Company will not proceed until the Customer authorizes such work and approves the pricing.Resole or replacement of non sitltalneble pads of the covered system(e)Including,but not limited to,unit cabinets,Insulating mareriele,electrical Wring.stet rat supports,end all other non-moving parts,Is not Included under this Agreement 3. Exeluilons/£'mree Molours,This Agreement oxprosely excludes, without ilmltlado reloading of, upgrading, and ma(ntainingcomputersoftware,mailingrecallsormplamsmanCanommilatodbymasonofno igenceofmleuseofcomponents iorequipmvent,vandalism,corrosion(Including but nor limited tomlere-leaatorhaltyiltftuene cornaslon('"fdlC'�),pawa,rfatiusa, current fluctuation,failure due to non-Company loetalleilon,parts,service,etlsuhmanis, devICU,lightning,electrical atorm, or other severe westhar;.water,amedent,fire,Arts ofOador any atheraause older alto) oCaamredSyahsm(n),ThisAllmmunt does not cover and specifically excluder system upgmdas and Rm mpectrefo l of obsd9ota systems,equipment,components or parts.if Emergency SorvlomAm expressly Included In the Scope ori the Agra aalt'rloadeesnotIncludestravelexpenses, Company shalt not be reaponstbio fur delays or failure to tender services due I causes beyond Its control,Including but not limited to material ehorlagao,work stoppages,access not given,Mae,civil die edlonea or unrest,severe weather,arc or any other oeuae beyond the Company's control, d. SyMam gqulpmenl CuaWmmr's purchMmsham tua Company of agt,Bpm earpaiplterel ddaloee,{Imfuding but nos tfmtted toarooke detwlan,passlwe Infleemd d'atmatara,aarrl readers,aprfnprlot b?^etam enmparvm ,mxlimguXeklsm and hcmw)shall bo aubJaot 9a Iha rams and rorddllmna,aflhYe Agreement.IP lnCompany'e eotaJudgmarN,airy periphemld Ica oratherryatmm aqulpmmnl,wk,ioir 6tsnwhed to tive Cmaarel Syakem(aj,w9uathar,peavld'sd by Campmy ors tfil�perrty,Vntaferm with tit roper opornllan affbs Cmvarad gyeemn(s7 CnaNamavahell rrrmavm or legless amah dsv as oa tgndpmaYl promptly upon nmXlsm from Conspany 'vatomar'afnliumtn remavamr mplama tits douXmoeaeli aoadtltutos matatal braaMt of Yale Agreement.IC CusiomM aide e.*,y Potm parry JCa or rgsalpmaal to Iles Cavaad gyatom(a?,CampsnY shalt not lea rwpomlble Por any damage to or Pollurm alias Covered ttysCMm(s}esil din wtuola ter In part.by xeleN davlme oregrtlpmml S. RrpmrM,.vilu4ra Custamnr smiealr lnapmadan and/gr lest tcesapsi oflhe Sarvlam,Cempmyaaall oampXMa aumu lnepaatlom andtor IOM on-Campmny"e than sullen-Mppad corm("Ittlpon"'),wbisu Cnpshatl give m Customer,w^1lmrenppltcsUim,C4Npanymay submit s mupy ofsirsh Rmpan lolivalmanl eolhorYty hovingjurindlMlnn.The pod.end tits Campanyxrcemmmendetwns ere mrrlyadvismryend Cdnp�eoy and Customer lmmed than lonsadst Cuslomar In rednalog Yho dak fleas lm pra(>wny hylsdlcslingobvinus defeats orlmpalrmanXa nommYalhosyMam tend cqufpmmnt Ynspmaled,Laded end/or aorvleed,Corrine and Cueaarnar do nag Intend IMan to Imply turn ma other defleat or haunts exist or that All azpears of rho Cewmad gysYaln(a),tqulp,neul,D. amponwte are under control at the Lfine sf irupwlioet�Final responsibility for the aondtltala and apumll'an mflha Cavarmat Syatem(a)und'.. mlpmant and components Iles wish Customer. a. Code Compliance.Company dose n undertake an obllgallon to Ineped for aompdenoe with laws or rogulallons unless epeoldcally elated In the Scope of Work. 7. Hourdoua Moterlela Customer to &it that,croeptto The extent that Customer has given Company wrillen nollm ofiha Tbllawing s. � yJ �" hazards prise 10 the exaomfon ordris Age men],to lho treat aFCustamM's knmvledge tbero Xa na(e)"Fermh nontlned apsn3y'"ad tladlnt4 by Orthrl(by Rhk of In(kellow dlsaew,{ )Need for air monitoring,faairmlory proitoNan,or other medleai risk;or(d)Mbcrat,ubostmm Containing motatM,t'armefdohydre"a err potentially lmuo wolherwitra harardoua material contained In or on lIts svr1hooftho Boom,Malls, emllinge,Insulation or other ainsetua Cnmpmoma arias ores of any bullding where work Is required to be performed under this Agreement (aollaetively,"Raxardous CrndilXm "I, 7.1 Company' Right to Rely.Company shell have the right to rely on Customers representations Meted above.If rite Company enoountere o�zcrdaua Condhlpna during the course of Company's work,Company's discovery of such meledele shell conedlule an evm1.eyond Company's control and Company basil have no obligaUouY la further pedorm In the area where the Hazardous Condtltl a eroet.untN Customer has made me ems safe as madlAsd Iry wdUng by an Independent testing agency. Cuelamer agrees to y disruption expenses and romabidzatlonexpenses as determined by Company, 7,2 oat of i lepwat This Agreement does nor provide for me coal of capture, conalnment or disposal of any /huardouswas materials,or hazardous materials,encountered In any of the Covered Syarem(s)orwor during performance of old Motorola shell al all times remain the responsibility end property ofCustmmer Company shall not be m0ponaleleremoval ordlepoeel of such hazardous materials, t.Work performed on a Ume end material basis shell beat the then-prevalllrq Company rote for materiel,labor. e,In effect al the time supplied under this Agreement. Further,U this Agreement Is executed on a'grice not to 13 �II T�IWX.NC exceed"basis,the pros to Cuatgnii shall be lose or of,(a)the Ilint price quoted;or(4)the scluet cumulative bllling bee ad on the oforememloned prevailing rate If this Agreement extends beyond one year,the Company may Increase prices upon nolca to Customer.Unless otherMee agreed In Mill the Customer and the Company,Customer shall pay Company vMhln Jbirty ) days of the date of this Agreement. Customer agrees to pay all taxes,penaRs,and olherahorges,InOuding 6u9.eat Vthil d�to state and local sales and excise taxes,howeverdealgnaled,lavled orbasad on the serves ohargea punuank to tBtila Aa' mend, Comparry shall have the dghl,at Company's sole dlsoretlon,to stop performing any ServoealOwittonerfalls to makes payment when due,until the account le current.The Customers failure to make payment when due h a materiel breach of I: Agreamem until the account Is current. 9. Limitation of UsbNlty;Unit atlone of Romody. 2A No Wsmanty,The Customer understands and agrees that Company is nolan lnsrarsr nd that the Customer shell obleln Insurance coverage,If any The Customer further underelands and agrees trial amounts p able to Company under thh Agreement(a)are based upon the value of the Sarvloes end the scope of lability set forth In thk to and lb)are unrelated to the value of the Customers property and the property of others located on the promises which Company performed the SerAll", Customoragroea to look exclusively to the Customar''s lnsurerto recover Mr ln)ud readings d any toes or ln)ury,vises In connoglanwith tha Borvllas.Cuelomarroklossa and wall all right of recovaryagaYnst panyadaing byway of suhrogatlon Company makes no guaranty orwaffill Including arty Implied warranty of inerchentsb yar forces for a particular purpose that equipment or Services supplled by Company will detect or ever occurreneea or the co equencestherefrom that the equipment or 8ervloe was designed indolent craved, 92 Limitation on Damages.The Customer understands and ag a that It la Impractical end extremely difficult to Nx the actual damages,If any,welch may proximately result from Company' !allure to perform any of Its obllpetloro under this Agreement. Accordingly,Customer agrees that,Company shall be axom from liability for any loss,damage or Inlury arldng dtroolly or Indirectly from occurrences,or the caneequonces therefromn, tt the squ'IpmeM organics was designed to detect or even. If Company le found fabler In 9 scud of law for any loss,damage liVUryind leg from stall of the equlpmentor Services In.any respect,the Customer agrees that the Oampsny'e flehilty anal sllmtted loth,Agreement Prlca Customer has paid under this Agreement(es Increased by the Agreement Pace for any Illanel vrork)or Cualomere rime and materiel payments to Company. Where this Agreement ocvers mulllple she*,Ilabllll 11 be llmlted to the amount of the payments allocable to the site where the Incident occurred, Such sum shell be Cuatamere c plate and exclusive remedy against the Company. If Customer realise Company to assume greeter liability,the Qdepomar nd Ilha Campeny shall emend this Agreement by attaching a rider selling forth the amount of additional liability and the add not amount the Customer Mll pay for the Company's assumption of such greater Nebllity,provider however that such riders Ol in no wey be lnlerprreJla hoc Company as an insurer. 9.3 ALTERATION.IN NO EVENT SFyJ LL COMPANY BE LIABLE FOR ANY DAMAGE,LOSS,INJURY,OR ANY OTHER CLAIM ARISING FROM ANY SERVYCI d,.ALTERATIONS,MODIFICATIONS,CHANGES,OR MOVEMENTS OF THE COVERED SYSTEM(S)OR ANY OF ITS C PONENF PARTS BY THE CUSTOMER OR ANY THIRD PARTY.COMPANY SHALL NOT BE LIABLE FOR INDIRECT,IN ENTAL OR CONSEQUENTIAL OAAM,OESOF ANY KIND,INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM E USE,LOSS OF THE USE,PERFORMANCE,OR FAILURE OF THE COVERED SYSTEM(S)TO PERFORM, 9,4 Benefit Thellmlle and of lleblllty set fanhln this Agreement shell Inure tolhe benefit of all parents,wbsldladae and afKatee of Company,Maine ureter Indinni Company's employees,agents,officers and directors. 10 Limped Worroaty C I°ANY WARRANTS THAT ITS WORKMANSHIP AND MATERIAL FURNISHED UNDER THIS ((� AGREEMENT WILL BE Flfth FILOM DPPECTS FOR A PERIOD OF NINETY(90)DAYS FROM THE DATE OF FURNISHING Whers Campaay paoxldw prddualo qu4pmaM ofoihem,Company will warrant d�mprdduatar eputprrrantonly Co 1Na"tarsi warranted by such third party. EXCEPT AS BXP iSSLY SET FORTH HEREIN,COMPANY DISCLAIMS ALL WARRANTIES,EXPRESS OR IMPLIED, INCLUD4NOBUTNSYI' AMI'NiDTl7 ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH Rp" rliCf TO THR SERVICES PERFORMED OR THE PRODUCTS„ SYSTEMS OR EQUIPMENT, IP ANY, SUPPORTED HERE 140FIL /Aamcni, ndeme Ilmurenee I I.I. Ouslorosr lnusmalq of Company Cumvi sr Agrees to indemnity,hold harallol wed defend Colmp,ny,aainsl any and , ntnams,00es.lndoaling"port Erma and courts.and expenses including motwoble defmsaccvtl adalag thin any and all third party pareditIly any donoegas raxralft Prom ilia exposure,of mikers la Hn mirth Csadldote whCthor or net Oue1onur pre-railEns C€rol of uaaaf,n(, Including but not tripled bimho Smrylees under this ASmaeem1,whClherauoh aleimswen scared upon CONA10i,va 6111Y,Imn S ktu Haouch,,plon I f2 MUTUAL NEGOTIATION,THE CUSTOMER ACKNOWLEDGES THAT BY ENTERING MTO A CONTRACT OMPANY,IT HAS MUTUALLY NEGOTIATED THE ABOVE INDEMNITY PROVISION, MOREOVER,THE CUSTOMER 14 I/���1 71!:1** OO SPl3CMCALLY AND EXPRESSLY WAIVES ANY IMMUNITY UNDER THE WORKERS COMPENSATION LAWS OF THE STA OF WASHNOTON,CHAPTER 51 POW INDUSTRIAL INSURANCE. 11.3 Inmr;ence.Customer shall name Company,IU officers,employees,agents,euboontreoton,suppllae,and represent a as additional Insured on Cuotoma's gorare611abf Ifty,polfoles, 12 Miscellaneous. ILI One-Veer Limitation of Actions.Customer and Company agree thsd no suit,or cease 01'R01101 or mh toaadingehdl be bmughl agolml elihaCustomernr Company item thary nnv(l)yaarnpan 11w aaan+al orih000uce oraetRon orono ll aarsffertheolalm erfsoi,ividohovaR1 Order,whoiarrknownauAnm Man the claim ariaorwhmbor based on tot,contrael,Oro erIega1theory. 12.2 Choice of Law.The fawn of the state of Washington shall govern the validity,enibroaNfil,and Intoryrotetion ofthla Agroomem 12.3 Asrlgement. Crustoma may not assign this Agreement wltbout Campany'o pdor writ o consent.Compeny may milgn thle Agrccmmt to en afnliote w Ihaut obealning Customa''s conaant. i2A Finel Agnomottf Cutloman and Company Intend No Aw"meni.togathawgh yeltlavhmanlu,tv oo�o0nal,aampVaM and LWuilye expression of thelr agreement and the tams end a al lMreof.This A$ma and aapaaeda alI prior npreanla4 ors, undenlandings oragroamente hawsers Iha penles,wrlgeneroral,andatolloonstihne the al maid eondll'lons of file for all 0*4me�nt and sorvieee, 12.5 Modlllatlun.No waiver,change,or modillation of any terms a nditloes of this Alixonient shall be binding on Compary unless made In writing and signed by an authvrimd representative orCompan 126 Severebihty. If any provision of thle Agraoment Is held by try aced or other competent authorlty to be Vold of unenforombls In whole or In part,this Agreement will cantina to ba rend as to the arprovislets and the remainder of the alPooled provlsla, dWr h�+11�tr � 4V�¢,d� +vgi S,l lutl YGU r rdWi ��n "� °c , Qpc PI'd � fi dr, + � bllb : rRyyli(+ �1rFihf aiH ,4flI+I�J �r ,fr`` J,,'nx> �Bt � r F1dY,rra4�h a# kd"9 aYs 4ugv�+drt-4ek 4$u�btt �(l�;w~Pl��rJl��t' rW�q'� 'l1 ���i�n«��nl' e rl'��Ia+� A•��l`"!Yga rt Mltl�rlegh �� 051 y��`p e¢ q 9eii�al� f�l� Y �, '+,N• Vi 91 IpP�r'Nfflgrl„�1s�i}'4PeNnNrt$'J,1�}nVy'�r~M!?6�9y="d"', "�i �r��'ut'9��r✓�� �t�n�>�r�,.r��g�u�j�a mq�ky�n�q��l„If r�al;,�[�r�71"�`a d✓+°f«+ef�gJd���ltrq. 12.SCOUnfarpaAe. ThISAOmemerdrotey'bealgne ndounketpgMwOgrenchoA'7lnalbelrpdeemadgdupllaeteodOrel end Iha dupEEoede caurrterpvrle iCa.gg66(hgr beBnp deemed th ulyy exealrfed Agrnemmni.BlEnelurn rocalved by kcelmlle or eindl shall have title same fain and elfeat es adglnaW aignelu u. 152882068311E.002 T LU Z'16µ QL >» JaC �6 Q J 4W a i6 q�q. {LL Y �pa zj� z ZVA n6*0 ? - I AR9 6H lar� � k � LL LL 00 yry!� .yrry� W ON fu j_o Y LL LL O O n § N 6 N U' Pi � i3W v3 c a o �,' i o � � d � o � ot� �'� \ k e � /} � Q \, � \( �\ \ \§� » , \ � // \ ) \ . . . . \Z - , ?: 2 lE I§ \ : < K: : 9 : : \ \ (E / ` / .—\`\\. , . �y\ \ \ \ \ \ ( § ] § E } ( § ! ! y I 9 V ,1 x 0 a • U �' w ZU � Q � �. Y juxtt.' , Y � xuxQ iuFW Q a W z z � Z 6 N ❑ ti v� w i L .� Z V vl w r Iv � w Z 6 ti w $� 5 x K Z N u K x z z z z z a a o w ❑ w �w O S ti u S h ' p E w E J Y J £ U S oN �- w C+ w F- ❑ Q O _ J d N � � _ ❑ W fl f/i � �. VI I U J �. ry •. u I � y ni 1 " a G v Q U p . u ❑ u i Z J V S J V i J n a i aF f' Z tt N > � I C,, 4oNy aLL 'Oi ¢ w QLL V '. °CLLp WWQ) Q1 WaY za "' � Q a W Q a V N R V N V u LL i v, z z a a W w''00 0 , O w ww wV z N Z o LM O h a Z 9 y w N ¢ a D o a 3 N D D D wi D N 4 Q O N O 2 O LME L. x O V s µ. p 3 .�d aW li Yi 6 5 w Gw aw s rc , j u a ia "Ir Zamy Qd"� r a ¢ _=.tiw ZUZa zpz z awNy � z� a ¢ n r n y �i In y' o u w ti�m b 4 b. s ybj 4 Q b' o Q a Z ¢ 00 Sw � o'i Fw o O � a Z z z In z r 0 o z ¢ 6 p j 2 N I m 4+1 S x N mi Ill P W p 6 4 h N W N N W N > z < / + g � ( / \ }/ \ zI \(/ ' \\`\ ƒ \ \\\\\ } 00 0. } 00 ) § ( : ! _ : EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS 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 Llablllly insurance shall be written on ISO occurrence farm 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. ALttr�il,e Li h1li( y 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, W/qrkers ..._QpDN re coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. C91110?e1S.isn oneral Liab6'j ty 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. 2. Automobll - Liability_ insurance with a minimum combined single limit for bodily injury and property damage of $2,000,000 per accident, EXHIBIT B (Continued) 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 Certihcate m i cc 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, Gd HATE(MMGD(YYYY) C" CERTIFICATE OF LIABILITY INSURANCE 8131201e 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 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 CONTACT Patty Schuermeyer, CPCU .,.T _. _ Bell Anderson Agency, Inc, PRONE (425)291 5200 JTnIG Nm_(425)291 E1n0 600 SW 39th St, Suite 200 EMAIL patt s@bell-anderson com ADDRESS y ..... _, _ INSURER(S)AFFORDING COVERAGE NAIL d Renton WA 98057 INSURERA Indian Harbor Insurance Companv 36940 INSURED INRURFR a American Fire and Casualtv Companv 24066 Smith Fire Systems, Inc. INSURER_CNavigators Insurance Company 42307 1106 54th Ave E INSURER D _. INSURER _._ _...._ ...... + ..... __. Tacoma WA 98424 INSURER F: COVERAGES CERTIFICATE NUMBER:CL17102025752 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. TR TYPE OF INSURANCE ......� U11i RUF ......_.__. —.........—.. _.. ..... POLICY EFF POLICY EXF PIEP A,c POLICY NUMBER IMMIDDIYYVVI InanamnlYYYn LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 .ry — DA3JIAd` SO f3r'NTecs _.. ._...__ 100 A P CLAIMS MADE X,1 OCCOCCURFRrry{ISB.S tk"a arcurranrmy $ OOD ESG000852201 11/2/2017 11/2/2016 MED E,XP(Any one person) 5 5,000 PERSONAL&HDV INJURY 5 1,000,000 GEN L AGCREG�A HE LIMIT APPLIES PER GENERAL AGGREGATE S 2,000,000 POLICY .X JECT LCC PRODUCTS COMPIOP AGG $ 2,000,000 OTHER $ AUTOMOBILE LIABILITY COMBINED MIN L IUN1 p $ 1,000,000 B X ANY AUTO BODILY INJURY (P rp son) $ .... ALL OWNED - -.. SCHEDULED =. . ,_, ...... __... .. .., AUTOS AUTOS EAA57492744 11/2/2017 11/2/2018 BODILY INJURY(Per eccldenl) $ HIRED AUTOS AUNPAWNED �IgtlUepo�pt1PYAFvVAC,F: UMBRELLA LIA9 X OCCUR EACH OCCURRENCE $ 10,000 000 X EXCESS LIAB CLAIMS MADE ACGREGAFE $ 10,000,000 OF❑ X RETENTIONa 0 SE17EXC884224IV 11/2/2017 11/2/2018 q WORKERS COMPENSATION F'EK JIH AND EMPLOYERS'LIABILITY N f4TU fE q,Fe ANYOFF P POPE IETORIEXCLUDEEXECUTIVE y NiA EL EACH ACLIDENf $ 1 0001000 OFFIDEFUMEM BEdt EXCLUDED? Il. ESCO04852201 11/2/2017 11/2/201e EL DISEASE-EA EMPLOYE 'A 1 000 000 A (Mandatory In NH) ..._._._.___..—..-._............_.. ..... ._ . ... _- �Sto - IlVes,oe,cubf,under WA L?ESrn?IPTICN CF OPERAT10NS below P Car, E LDISEASE-POLICY LIMIT $' 1.DOD.000 7 1 DESCRIPTION OF OPERATIONS I LOCATIONS)VEHICLES (ACORD 101,Addlnonal Remarks Schedule,may be attached If more space Is required) Re: Service Contract / Operations performed by or on behalf of the named insured. City of Kent is additional insured per the attached endorsements #CG2010 0413, #CG2037 0413, and #CA8810 0110, Primary & non-contributory coverage per the attached endorsement #SIC016 0912. Umbrella/excess liability follows form. CERTIFICATE HOLDER CANCELLATION NClary@kentwa.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Ave S ACCORDANCE WITH THE POLICY PROVISIONS. Kent, WA 98032 .....—..-...-------.— AUTHORIZED REPRESENTATIVE Jason Webb/PLS ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD I NS 0251sn.nn 1, 1 ENDORSEMENT#019 This endorsement,effective 12:01 a.m., Nov. 02, 2017 forms a part of Policy No. ESGD048522 issued to SMITH FIRE SYSTEMS, INC, by Indian Harbor Insurance Company, THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, PRIMARY AND NON-CONTRIBUTORY WORDING (AS REQUIRED BY WRITTEN CONTRACT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following additional provisions apply to any person or entity added as an additional insured by endorsement to this policy: 1. Solely to the extent required by a written contract which the Named Insured enters into prior to an "occurrence"or offense for which the additional insured is provided coverage under this policy: a. This policy shall apply as primary insurance in relation to any other policy issued to that additional insured. b. Any Insurance or self insurance maintained by the additional insured shall be excess of the insurance afforded to the additional insured by this policy and shall not contribute to it. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS,4. Other Insurance, is modified to the extent it is inconsistent with this endorsement. 2. In no event shall,this Endorsement be construed as increasing the limits of insurance set forth in the Declarations page or altering the rules which fix the most we will pay set forth in SECTION III—LIMITS OF INSURANCE. 3. Notwithstanding any other provision of this policy or any endorsement attached thereto, no coverage shall be afforded under this policy for any loss, cost or expense arising out of the sole negligence of any additional insured or any person or organization acting on behalf of any additional insured. All other terms and conditions of this policy remain unchanged. Includes copyrighted material of Insurance Services Office, Inc., with its permission. SLC 016 0912 ©2012 XL America, Inc, All Rights Reserved. May not be copied without permission. PAN 106/28/2017 POLICY NUMBER: ESGo04852201 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR, CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s Locations Of Covered Operations AS REQUIRED BY SIGNED WRITTEN CONTRACT EXECUTED PRIOR TO ALL LOCATIONS LOSS 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 additional organization(s) shown In the Schedule, but only exclusions apply. with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after, caused, in whole or in part, by: 1. Your sots or omisslons; or 1. All work, Inod materials, parts or equipment furnished In connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional Insured(s) at the location(s) location of the covered operations has been designated above, completed; or However: 2. That portion of "your work" out of which the 1. The Insurance afforded to such 'additional injury or damage arises has been put to Its intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured principal as a part of the same project. 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 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 C. With respect to the insurance afforded to these 1. Required by the contractor agreement; or additional Insureds, the following is added to 2. Available under the applicable Limits of Section III—Limits Of Insurance: Insurance shown in the Declarations; If coverage provided to the additional insured is whichever is less. required by a contract or agreement, the most we will pay on behalf of the additional insured is the This endorsement shall not increase the applicable amount of insurance: Limps of Insurance shown in the Declarations, a CG 20 10 04 13 O Insurance Services Office, Inc„ 2012 Page 2 POLICY NUMBER: ESGo048522 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR. CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Descriotion Of Completed Operations 4S REQUIRED BY A SIGNED WRITTEN CONTRACT kILL LOCATIONS 9XECUTED PRIOR TO LOSS Information reouired 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 organizations) 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 hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable Limits of 1. The insurance afforded to such additional Insurance shown In the Declarations; insured only applies to the extent permitted by whichever is less, law; and This endorsement shall not increase the applicable 2. If coverage provided to the additional insured Limits of Insurance shown in the Declarations, 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 04 13 © Insurance Services Office, Inc., 2012 Pagel Policy Number: BAA57492744 COMMERCIAL AUTO CA 88 10 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies Insurance provided under the following'. BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 18 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 21 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 22 EXTRA EXPENSE— BROADENED COVERAGE 10 GLASS REPAIR —WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE(including employee hired auto) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN! LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE—ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 19 SECTION II— LIABILITY COVERAGE is amended as follows,, 1. BROAD FORM INSURED SECTION II —LIABILITY COVERAGE, paragraph A.I. —WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "Insured" does not include any organization that: (1) Is partnership or joint venture, or (2) Is an insured under any other automobile policy, or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply'. (1) If there is similar insurance or a self-insured retention plan available to that organization: Cci2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance services Office,with its permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted', or (3) To "bodily Injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II —LIABILITY COVERAGE, paragraph A.1. WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other Insurance available to any "employee", g. An "employee" of yours while operating are "auto" hired or borrowed Linder a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II —LIABILITY COVERAGE, paragraph A.I. —WHO IS AN INSURED is amended to include the following as an Insured: h. Any person or organization with respect to the operattnn, maintenance or use of a covered "auto", provided that you and such person or organization have:agreed In a written contract, agreement, or permit issued to you by governmeenial or public authority, to add such person, or organization, or governmental or public authority to this policy as an"insured". However, such person or organization is an "insured (1) Only with respect to the operation, maintenance or use of a covered"auto", (2) Only for "bodily injury" or"property damage"" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you, and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II —LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, paragraphs (2) and (4) are replaced by the following. (2) Up to $3,000 for cost of ball bonds (Including bonds for related traffic 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$5l)0 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added'. SECTION II — LIABILITY, exclusion B 5 FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered auto"you own or hire. SECTION III—PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos a, You hire, rent or borrow, or M, 01O Liberty Mutual Insurance connpaany. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance.Services Office,with Its permission, Page 2 of 7 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for"loss" in any one "accident" or"loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cast of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B, The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage, C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $750 per "accident", we will also cover the actual loss of use of the hired "auto" If it results from an "accident", you are legally liable and the lessor Incurs an actual financial loss, E. This coverage extension does not apply to: (1) Any "auto"that is hired, rented or borrowed with a driver; or (2) Any"auto"that is hired, rented or borrowed from your"employee". For the purposes of this provision, SECTION V—DEFINITIONS is amended by adding the follcwing', "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III — PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or"medium truck" is disabled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For"medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVVU) of 10,001 —20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAfW1GE-ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4,a., Coverage Extension of SECTION III —PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of$50 per day and a maximum limit of$1,500 ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance services Office,with its permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III —PHYSICAL DAMAGE COVERAGE, A COVERAGE, is amended by adding the fnllnwing' a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a 'loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or"loss" to the covered"auto," I Reni Reimbursement will be based on the rentaV of a comparable vehicle,which In many cases may be substantially less than $75 per day, and will only be allowed for the period of time It 511CUld take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30,days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill, e. If"loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE- BROADENED COVERAGE Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto"to you. The maximum amount we will pay is$1,000, 11. PERSONAL EFFECTS COVERAGE A. SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following. If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for"personal effects" stolen with the"auto " The insurance provided under this provision is excess over any other collectible insurance. B, SECTION V—DEFINITIONS is amended by adding the following', For the purposes of this provision, "personal effects" mean langlble property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities, 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III —PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag, 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. 13. AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, S. EXCLUSIONS, exception paragraph a to exclusions 4.c and 4.d, is deleted and replaced with the following: rP2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance services Office,with Its permission. Page 4 of 7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto", or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN 1 LEASE GAP COVERAGE A, Paragraph C., LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by adding the following The most we will pay for a "total loss" to a covered "auto" owned by or leased to you In any one "accident" is the greater of the 1, Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the"loss'' It. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan'' f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered"auto", g, Security deposits not refunded by a lessor, h, All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered"auto", I. Any amount representing taxes, j. Loan or lease termination fees', or 2. The actual cash value of the damage or stolen property as of the time of the "loss", An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas, B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C, SECTION V— DEFINTIONS is changed by adding the following As used in this endorsement provision, the following definitions apply. "Total loss" means a "loss" In which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. ©2010 Liberty Mutual Insurance Company,All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with Its permission, Page 5 of 7 15. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following. No deductible applies to glass damage if the glass Is repaired rather than replaced, 16. PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following', 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 Ids. or less as defined by the manufacturer as maximum loaded weight the"auto" is designed to carry while it is a, In the charge of an"insured"; b. Legally parked, and c. Unoccupied. The"loss" must be reported to the 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. SECTION IV—BUSINESS AUTO CONDITIONS is amended as follows: 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 18. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in Its entirety by the following'. a. In the event of"accident", claim, "suit" or"loss", you must promptly notify us when It is known to: 1, You, if you are an individual, 2, A partner, if you are a partnership, 3. Member, if you are a limited liability company, 4 An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should Include: (1) Haw, when and where the "accident" or"loss" took place, (2) The "Insureds" name and address, and (3) The names and addresses of any injured persons and witnesses, 19. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV—BUSINESS AUTO CONDITIONS, paragraph A.S.,Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following'. If the person or organization has waived those rights before an "accident' or "loss", our rights are waived also @2010 Liberty Mutual Insurance Company,A[rights reserved. CA 88 10 01 10 Includes copyrighted malerlal of Insurance Services Croce,with its permission. Page 6 of 7 20. HIRED AUTO COVERAGE TERRITORY SECTION IV — BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to, This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V—DEFINITIONS is amended as follows: 21. BODILY INJURY REDEFINED Under SECTION V—DEFINTIONS, definition C. is replaced by the following' "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 22. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A.—CANCELLATION condition applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancellation. ©2010 Liberty Mutual Insurance Company,All rights reserved. CA 68 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission,. Page 7 of 7 v � @'er 72( tjvalet, -BUSINESS LICENSE' AOdbe coded LICENSE I NwU➢ILDSP BE PAID-ANNUALLY`RY Na �t�ndofiesd • JANUARY Ist TO AVOID PENAI,C Y slyseity of L .. Iwsirnnnc Of Llcenge Dares Not.terrpfy,Ncenseel$ Kar ICompthoce avdtd State maotl.�Local Lawse-� ...TDISL TI ENSE MUST BE POS'TED:IN A CONSPLCUOUS +leel7 NAME AND ADDRESS OF BUSINESS . . . 13LOc;-2I UO3??8' SMITH]TIRE SYSTEMS,ENC:.' MAYOR 1 ao6 snTHv I rax ?egistraP.fi¢ The,Cty ref Kent I ACdMd#;WA 9842 4 Endorsement A12204TH AML& ' J / / l / / / r/ / / / J / i /i /