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CAG2021-394 - Original - Roto-Rooter Services Company - Kent Memorial Park Sewer Line Repair - 09/03/2021
GL CAG2021-394 PUBLIC WORKS AGREEMENT - 1 ($20K or Less and No Performance Bond) PUBLIC WORKS AGREEMENT between City of Kent and Roto-Rooter Services Company THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Roto-Rooter Services Company organized under the laws of the State of Iowa, located and doing business at 4630 16th Street East, B-9, Fife, WA 98484. Contact: Clayton Riley, Field Supervisor, Phone: (253) 442-1061 (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. The Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Repair of sewer line at Kent Memorial Park, located at 850 Central Avenue North, Kent WA 98032 per Proposal dated 07/28/2021 attached and marked as Exhibit A. The Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above within 15 calendar days after the City issues its Notice to Proceed. Upon the effective date of this Agreement, all physical work shall thereafter be completed by October 31, 2021. The term of this Agreement shall continue until all work has been completed, final acceptance has occurred, and all Contractor obligations have been fulfilled. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed EIGHT THOUSAND EIGHT HUNDRED EIGHTY FIVE DOLLARS AND SEVEN CENTS ($8,885.07), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor eighty-five percent (85%) of the Contract amount upon completion and acceptance of the work by the City, or at such earlier time as the City may determine is appropriate. The City will pay the remaining Contract amount upon fulfillment of the conditions listed below and throughout this Agreement. Card Payment Program. The Contractor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Contractor. If the Contractor voluntarily participates in this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Contractor shall not charge those fees back to the City. PUBLIC WORKS AGREEMENT - 2 ($20K or Less and No Performance Bond) A. No Payment and Performance Bond. Because this contract, including applicable sales tax, is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainage. The City shall also hold back a retainage in the amount of five percent (5%) of any and all payments made to the Contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of the Contractor’s signature on the Agreement. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City’s written approval. If the Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and the Contractor shall be liable to the City for any additional costs incurred by the City. “Additional costs” shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR’S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR’S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which the Contractor’s services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Contractor’s services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. PUBLIC WORKS AGREEMENT - 3 ($20K or Less and No Performance Bond) E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Contractor’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. “Good cause” shall include, without limitation, any one or more of the following events: A. The Contractor’s refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor’s failure to complete the work within the time specified in this Agreement. C. The Contractor’s failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor’s persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor’s filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor’s breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor’s possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. The Contractor shall file a “Statement of Intent to Pay Prevailing Wages,” with the State of Washington Department of Labor & Industries prior to commencing the Contract work. The Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by the Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, the Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section IX, Claims, below. PUBLIC WORKS AGREEMENT - 4 ($20K or Less and No Performance Bond) The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Contractor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Contractor. IX. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: PUBLIC WORKS AGREEMENT - 5 ($20K or Less and No Performance Bond) 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). X. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR’S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. XI. WARRANTY. The Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall promptly correct all defects in workmanship and materials: (1) when the Contractor knows or should have known of the defect, or (2) upon the Contractor’s receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. PUBLIC WORKS AGREEMENT - 6 ($20K or Less and No Performance Bond) XIII. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, and the Contractor’s liability accruing from that obligation shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor’s part, then the Contractor shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Contractor’s part. The provisions of this section shall survive the expiration or termination of this Agreement. XIV. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XVI. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or PUBLIC WORKS AGREEMENT - 7 ($20K or Less and No Performance Bond) award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, the Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute 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 PUBLIC WORKS AGREEMENT - 8 ($20K or Less and No Performance Bond) to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: By: Print Name: Its DATE: CITY OF KENT: By: Print Name: Garin Lee Its: Parks Operations Superintendent DATE: NOTICES TO BE SENT TO: CONTRACTOR: Clayton Riley, Field Supervisor Roto-Rooter Services Company 4630 16th Street East, B-9 Fife, WA 98484 (253) 442-1061 (telephone) (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Ben Levenhagen, Support Services Field Supervisor City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 508-9548 (cell) or (253) 856-5133 (telephone) (253) 856-6120 (facsimile) ATTEST: Kent City Clerk Garin Lee (Aug 30, 2021 13:51 PDT) 08/30/2021 Aaron Palmen (Sep 3, 2021 11:38 PDT) Aaron Palmen Excavation Department Manager 09/03/2021 Aaron Palmen EEO COMPLIANCE DOCUMENTS - 1 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. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ Aaron Palmen (Sep 3, 2021 11:38 PDT) Aaron Palmen Excavation Department Manager Roto Rooter Services Company 09/03/2021 EEO COMPLIANCE DOCUMENTS - 2 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 - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ BIDDER RESPONSIBILITY CRITERIA - 1 BIDDER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded . The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (July 28, 2021), the bidder is not a “willful” violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Roto-Rooter Services Company By: ___________________________________________ Signature of Authorized Official* Printed Name: __________________________________ Title: _________________________________________ Date: _________________________________________ City and State: _________________________________ *If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co - partnership, proposal must be executed by a partner. Aaron Palmen (Sep 3, 2021 11:38 PDT) Aaron Palmen Fife, WA Excavation Department Manager 09/03/2021 Aaron Palmen EXHIBIT A - nor(r-f ROOtEn $/ffH"ri$", Revision 5120 i,li.;;!ili,;;i:':.i.ii.ljjl'l,:-. i:i,iLl4i,ir'.\.i'il3!1 1.;1.ii;1.,,iiri,ii:. Roto.Rooter Services Company 6321 7th Avenue South Seattle, WA 98108 (2061757-2812 ztP 98032 Number License # Name Street City Kent Kenl MFmoriel 850 Ave N State WA State ztP Number Proposal Submitled To Work To Be Perfornred At Roto-Rooter will perform the work described above and supply all required materials for the sum of g Option A (complete if appticabte) Customer will make payment as follows: _%ofthecost($ 0.00 )uponexecutionofthisAgreement. _o/oof thecost($ 0.00 )uponthestartofthework. Balanc€ of the cost upon completion of the job. a a a 9p4on B (check if appticabte): I I The total sum will be billed upon completion of the work and is payable within 30 days (commorcial accounts wilh approved credit only). Neither date z. 3. 4. Theapproximatestartingdateis-,andtfreapproximatecompletiondateis is guaranteed. Unexpected conoition-o- prontemGio-Iillause delays. 5. Customer lnitials Roto-Rooter guarantees that all matsrials will be as specified above and that all work will be cornpleted accoding to standard practice and in agood, workmanlike manner. Customer will provide all necessary easements and rights of way. Unless specifically slated othemise above, (a) Roto-Rooter is nolresponslble for tho rsmoval of trees, sprinkler systems, underground and above ground fencing, ano orivewar, oi to i"p"i, of ,t "*tr,sidewalks and the like, (b) Rotofooter wlll back lill and grade lhe excavatealrea o jround level and mound it to alow for s€*temenr,and (c) Gustomor ls responslble for all landscaplng ropairs or replacements requlre-d iollowing comptofion of the job. Roto.Rooter lsnot re$ponsible for damage r€sulting from poor weather. lf we cannot video or inspect the complete sewer line, we will give you a price to repair the section that we believe is causing the restriction.Aftor we have uncovered that area, we will atempt to inspect the rest of ihe sewer iine. lf additional work needs to be done, or a completesewer line replacement is roquired, we will proposo a pric6 to properly complete the work. The prico for the additional work may be signmcandyhigher-than the original proposal' lf you decide not to procoed wisr aoaitionrt *o* *" propo.., you will permit us to oomplete our work andback fill any excavation. lf deviation ftom the work described above is required or customer requests additional or different work be performed, the parties will agree onan additional chafge and sign a new wriften work descripuon before Roto-Rooter begins the new work. THE TERMS AND CONDITIONS ON THE REVERSE SIDE OF THIS PROPOSAL WILL BE BINDING ON THE PARTIES. o- 8' This proposal may be wilhdrawn by Roto-Rooter if not accepted within - days- This proposar @nstitures the enrrre agreement between the parties, and no modifications will be vatid unless in writing and signed by both pariies,Respectfully submitted; 7na2021 AECEPTANCE OF PROPOSAL customer authorizes the work and accepts the above t6rms (including the terms and conditions provided). Acceoted: Roto-Rooter Seryices Gompany Terms and Conditions The following terms applyto all work performed by Roto-Rooter services Company or iF affiliates ("us') for the customerindicated on first page of this proposal (you"). 'l ' Your Responsibilities. You agree to (a) remove any hazards, obstructions or dangerous conditions around the job site notcaused by our work, (b) limit access to the job site so thal people not working on our job are not exposed to dangerousconditions relating to our job, (c) place appropriate warnings to wam of danglrous conditions when we are nor on the job site, and (d) provide us with adequate access. 2. Exceplions to our Respon,sibilities. We are not responsible for (a) personal injury, property damage or other damage or lossto you or others arising out of our work, except to the extent caused by our negtigence or iailurc to perform the wori< inaccordance with the contract between us; (b) defeclive, damaged, or deteriorated lines, mold, lead piping, or otherunexpected or undisclosed conditions, and the consequences of such conditions, including delays, bioken1ixtures or lines,and lodged equipment (if we encounter such a condition, we may stop work, and 1ou will p.-ay us a reasonable charge forthe work performed); (c) the time required to complete ourwork with reasonable oitigencei ('rl) unless expliciflystatid inwriting, any damage necessary to complete our work, including damage to landscafrng, walis, painting, tile or-concrete orsimilar items; (e) damage caused by the removal of any clean but, drain cover or cap; or (f) tasis we perform in accordancewith your specific instructions. 3' Release and Hold Harmless- You release us from (and if you are a commercial customer, you will defend and indemnify usand hold us harmless against) all damages, claims, demands, settlements, judgments, liabilities, costs and expenses,including reasonable lttomeys' fees, allegedly arising out of (a) breach of your responsibilities under paragrajn r, o, iolmafters for which we disclaim responsibility under paragraph 2. 4' Our Guarantee' lf we provide a parls or equipment guarantee, as your exclusive remedy, we will give you the benefit wereceive, if any, under the manufacture/s wanan$r. lf we provide a seryice guaranlee, it covers oniy doinage failure in theline serviced, and defective plumbing workmanship, during the guarantee term. As your exclusive remedy under ourservice guarantee, we will, at our oplion, either do the work again at no labor cost oirefund yori paym"nt. Guarantees donot apply to problems arising out of main sewer line backup or improper, abnormal or unan$Lipated use or conditions.Exgept as explicitly stated in writing, we are not giving any guaont..s or maklng any waranties. wE DISGLAIM ANyIMPLIED WARRANTIES OF MERCHANTABILITY On rnr.reSS FOR A PARTIbULAR PURpOSE. For probtems orinquiries, you should contact our Genaral Manager at the phone number listed on the frcnt of our proposal. 5' Limitation of Damaqes. our liability to you for any claim arising out of our work on any job (other than a claim permitted bythese terms for personal or bodily injury) will in no event exceed three times the arount you actually pay us forthe work onthAt JOb. EXCEPT FOR A CLAIM PERMITTED BY THESE TERMS FOR PERSONAL OR BODILY INJURY ORPROPERTY DAMAGE, You wAlvE ANY RIGHT To REcovER INCIDENTAL DAMAGEa, col,tsrouefqfnl_DAMAGES, OR DELAY DAMAGES. 6' Payment Terms. When you provide a check as payment, you authorize us either to use information from your check tomake a one'time elechonic fund transfer from your account or to process the payment as a check transaction. ln the eventcheck is returned, you are responsible for all related bank fees. fyou fail to pay Ls any amount when clue, we will chargeyou interest on the amount due at the rate of 1.5% per month (but not exceeding the h'lghest rate legally permissible)_ youwill reimburse us for the reasonable attorneys' fees we incur in all stages of coll6ction.7. General' These terms are part of our contracfual agreement and will prevail over any inconsistent terms in any otheragreemeht between us, including the terms of any purchase order, and may be moaiReo only in a written inshument signedby both of us which specifically refers to the provisions to be modified. lf any of these tenns L held invalid or unenforceable,the remaining provisions will not be affected and will continue to apply.8' Nondiscrimination- we will abide by the requirements of 4'l cFR ss 60-1.4(a) and 60-241 .s(a). These regutations prohibitdiscrimination against qualified individuals with disabilities, and prohibit discrimination agalnst aI individuals based on theirrace, color, religion' sex or national origin- Moreover, these regulations require that we tike affirmative actrbn to employ andadvance in employment individuals without regard to ,""., "o16r, religion, sex, national origin or disability. HOW TO RESOLVE A PROBLEII o Contact he manager at your Roto'Rooter office. Everything will be done to resolve your problem at the local level. 8/30/2021 about:blank about:blank 1/1 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 8/30/2021 County Trade Job Classification Wage Holiday Overtime Note *Risk Class King Laborers - Underground Sewer & Water General Laborer & Topman $52.39 7A 4V 8Y View King Laborers - Underground Sewer & Water Pipe Layer $53.35 7A 4V 8Y View 8/30/2021 about:blank about:blank 1/1 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 8/30/2021 County Trade Job Classification Wage Holiday Overtime Note *Risk Class King Plumbers & Pipefitters Journey Level $92.19 6Z 1G View 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 Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers` Compensation 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. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products -completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 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 Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. ® CERTIFICATE OF LIABILITY INSURANCE DATE(MWW2021 YY) oB/z Taozl THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Northeast, Inc._IiRi c/o Aon Client Services CONTACT N/UNE. (AtC.No.Ex1): (866) 283 7122 MaC.No.: (B00} 363-0105 EMAIL ADDRESS: 4 Overlook Point Lincolnshire IL 60069 USA INSURER(S) AFFORDING COVERAGE NAIC 0 INSURED INSURER A! Old Republic Insurance Company 24147 Roto-Rooter Services company 255 East Fifth Street Suite 2500 INSURERS: Midwest Employers Casualty Company 23612 INSURERC: XL Specialty Insurance Co 37895 Cincinnati OH 45202 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570088951272 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 REOUIREMENT, 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. Limits shown are as requested TR TYPE OF INSURANCE IN D WVD I POLICY NUMBER MM'DDNYYY FULIU LAP MWDDfyYyyI LIMITS X COMMERCIAL GENERAL LIABILITY MWZY EACHOCCURRENCE S2,000,000 CLAIMS -MADE aOCCUR PREMISES (Eaoccu,rencel 5750,000 MEO E%P(Any one person) S15,000 PERSONAL&ADV INJURY S2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $6,000,000 POLICY ❑ PRO JECT O LOC PRODUCTS-COMP/OP AGG S6,000,000 OTHER: I Total Aggregate Umil S20,000,000 A AUTOMOBILE LIABILITY MWTB 21957-21 04/01/20210410112022 COMBINE D SINGLE LIMIT aocidenlI S5,000,000 BODILY INJURY ( Per person) X ANY AUTO BODILY INJURY (Per accident) OWNED SCHEDULED AUTOS ONLY AUTOS HIRED AUTOS NON -OWNED PROPERTY DAMAGE Per acc 1 ONLY AUTOS ONLY C X UMBRELLALIAB I % I OCCUR U5000748401_121A 04/01/2021 04101 2022 EACH OCCURRENCE $5,000,000 AGGREGATE S5,000,000 EXCESS LIARCLAMS-MADEUmbrella DED X RETENTK)N 510, 000 A WORKERS COMPENSATIONAND Mwc11 64 1 4 1 -0 X PER STATUTE OTH• ER EMPLOYERS' LIABILITY YIN work Comp - A05 E.L. EACH ACCIDENT S1,000, 000 A ANY PROPRIETOR PARTNER EXECUTIVE a N A MWC30143421 04/01/2021 04/01/2022 OFFICER/MEMBEFt 'LUDED? (Mandatory In NH) WC - TX E.L. DISEASE -EA EMPLOYEE $1,000,000 II yes, describe under DESCRIPTION OF OPERATIONSbelow E.L. DISEASE -POLICY LIMIT S1,000,000 B Excess WC Ewc006308 04/01/2021 04/01/2022 Employers Liability $1,000,000 XS WC - OH Retention 5500,000 SIR applies per policy terns & condi ions DESCRIPTION OF OPERATIONS! LOCATIONS VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached 11 more space is required) city of Kent is included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability and Automobile Liability policies evidenced herein are Primary and Non -Contributory to other insurance available to Additional Insured, but only in accordance with the policy's provisions. u+ titre I11-i L:Alt MULUtrr LANL.t LLAI IUIN a" City of Kent 220 Fourth Avenue South Kent WA 98032 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©19W2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 10239083 LOC #: ® ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services Northeast, Inc. Roto-Rooter Services company POLICY NUMBER See certificate Number: 570088951272 CARRIER I NAIL CODE See Certificate Number: 570088951272 EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liabilitv Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPE OF INSURANCE ADDL IYSD SUBR N'VD POLICY NUM BER POLICY EFFECTIVE DATE fMNilbblYYYY) POLICY EXPIRATION DATE CNINI/DWYYYY) LIMITS EXCESS LIABILITY A WZX31619221 Excess General Liab Cvg 04/01/2021 04/01/2022 Aggregate S10,000,000 Each Occurrence S10,000,000 OTHER A EXCeSS Auto Lia NWZX31619221 Excess Auto Cvg 04/01/2021 04/01/2022 Each occurrence S10,000,000 ACORD 101 12008101) 02008 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG20100413 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 I Name Of Additional Insured Person(s) f Or Orcianization(s) I Location(s) Of Covered Operations Persons or Organizations as Required by Contract or Agreement I As Specifed in Written Contract or Agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. I CG 20 10 0413 O Insurance Services Office, Inc., 2012 Page 1 of 2 MWZY 60132 21 Chemed Corporation 04+01,2021 - 04/01/2022 A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 0413 MVVZY 60132 21 Chemed Corporation 04/01/2021 - 04/01/2022 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 2010 12 19 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 Organization(s) Locations Of Covered Operations All Persons or Organizations as Required by Contract or Agreement As Specified in Written Contract or Agreement 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 include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability.for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service. maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 12 19 O Insurance Services Office, Inc, 2018 Page 1 of 2 MWZY 60132 21 Chemed Corporation 000V2021 04 OV2022 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the insurance; whichever is less. This endorsement shall applicable limits of insurance Page 2 of 2 ©insurance Services Office, Inc., 2018 MWZY 60132 21 Chemed Corporation 04/01/2021 - 04/01/2022 applicable limits of not increase the CG 20 10 12 19 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 11 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises (Part Leased To You): As Specified by Contract or Agreement. Name Of Person(s) Or Organization(s) (Additional Insured): As Required by Contract or Agreement Additional Premium: $ Included 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 include as an additional insured the person(s) or organization(s) shown in the Schedule. but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part by you or those acting on your behalf in connection with the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Scheduie. However: 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance, whichever is less. 1. The insurance afforded to such additional This endorsement shall not increase the applicable limits of insurance. insured only applies to the extent permitted by law; and CG 20 11 1219 Insurance Services Office, Inc_, 2018 Page 1 of 1 MUVZY 60132 21 Chemed Corporat on o4MV2021 - 04/0112022 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG20121219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: On File With Company As Required By Contract Information required to complete this Schedule, if not shown above. will be shown in the Declarations I A. Section II — Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect .to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to: a. 'Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. 'Bodily injury" or "property damage" included within the "products -completed operations hazard". B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional. insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 12 12 19 © Insurance Services Office. Inc., 2018 Page 1 of 1 MWZY 60132 21 Chemed Corporation 04/01/2021 04:0112022 COMMERCIAL GENERAL LIABILITY CG 20 33 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or falling to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. CG 20 33 12 19 Zj Insurance Services Office Inc., 2018 Page 1 of 2 MWZY 60132 21 Chemed Corporal on 04 01+2021 - 04/01/2022 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations All Persons or Organizations as Required by Contract or Agreement The Locations as Specified in the Written Contracts or Agreements Information re uired to complete this Schedule, if not shown above, will be shown in the Declarations. A —Section II — Who Is An Insured is amended to. include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part. by your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 MWZY 60132 21 Chemed Corporation 04/01/2021 - 04/01/2022 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations All Persons or Organizations as Required by Contract or Agreement The Locations as Specified in the Written Contracts or Agreements 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 Include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury" or "property damage" caused in whole or in part, by your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included In the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage prov;ded to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance CG 20 37 1219 ©Insurance Services Office, Inc., 2018 Page 1 of 1 MWLY 60132 21 Chemed Corpora( on 04-01r2021 04/01/2022 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary. Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 12 19 cQ Insurance Services Office, Inc , 2018 Page 1 of 1 MVVZY 60132 21 Chemed Corporation 04/01i2021 - 04/0112022 1400 • KEN WASHINGTON ROTO ROOTER SERVICES CO 255 E 5TH ST STE 2500 CINCINNATI, OH 45202 City of Kent Business License Please tear at perforation ------------------------------------------------ BUSINESS LICENSE 400 LICENSE MUST BE PAID ANNUALLY BY • JANUARY 1st TO AVOID PENALTY KE N T Issuance of License Does Not Imply Licensee's WASHINGTON Compliance with State and Local Laws THIS LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE. NOT TRANSFERABLE OR ASSIGNABLE NAME AND ADDRESS OF BUSINESS BLOC-2170424 ROTO ROOTER SERVICES CO 6321 7TH AVE S SEATTLE, WA 98108 Tax Registration Endorsement Per RCW 82.14 local sales and use tax must be coded No. 1715 for all qualified sales within the city of Kent. 2021 MAYOR The City of Kent At 220 4TH AVE SO KENT, WASHINGTON 98032 Signature: Email: Signature: Email: Janice Applegate (Aug 30, 2021 12:39 PDT) Janice Applegate japplegate@kentwa.gov McCormick (Sep 7, 2021 08:05 PDT) McCormick cityclerk@kentwa.gov Roto-Rooter.Services.Co Final Audit Report 2021-09-07 Created:2021-08-30 By:Janice Applegate (japplegate@kentwa.gov) Status:Signed Transaction ID:CBJCHBCAABAAnPyQMNsN5rHz0aBgfSRYJ2c1_grTJY_O "Roto-Rooter.Services.Co" History Document created by Janice Applegate (japplegate@kentwa.gov) 2021-08-30 - 7:29:23 PM GMT- IP address: 146.129.252.126 Document e-signed by Janice Applegate (japplegate@kentwa.gov) Signature Date: 2021-08-30 - 7:39:02 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Garin Lee (glee@kentwa.gov) for signature 2021-08-30 - 7:39:08 PM GMT Email viewed by Garin Lee (glee@kentwa.gov) 2021-08-30 - 8:51:11 PM GMT- IP address: 146.129.252.126 Document e-signed by Garin Lee (glee@kentwa.gov) Signature Date: 2021-08-30 - 8:51:51 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Aaron Palmen (aaron.palmen@rrsc.com) for signature 2021-08-30 - 8:51:55 PM GMT Email viewed by Aaron Palmen (aaron.palmen@rrsc.com) 2021-09-02 - 5:26:22 PM GMT- IP address: 63.159.179.155 Email viewed by Aaron Palmen (aaron.palmen@rrsc.com) 2021-09-03 - 6:35:51 PM GMT- IP address: 63.159.179.155 Document e-signed by Aaron Palmen (aaron.palmen@rrsc.com) Signature Date: 2021-09-03 - 6:38:44 PM GMT - Time Source: server- IP address: 63.159.179.155 Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature 2021-09-03 - 6:38:48 PM GMT Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2021-09-03 - 10:24:53 PM GMT- IP address: 146.129.252.126 Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date: 2021-09-03 - 10:25:17 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to McCormick (cityclerk@kentwa.gov) for signature 2021-09-03 - 10:25:21 PM GMT Email viewed by McCormick (cityclerk@kentwa.gov) 2021-09-07 - 2:56:35 PM GMT- IP address: 146.129.252.126 Document e-signed by McCormick (cityclerk@kentwa.gov) Signature Date: 2021-09-07 - 3:05:28 PM GMT - Time Source: server- IP address: 146.129.252.126 Agreement completed. 2021-09-07 - 3:05:28 PM GMT