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HomeMy WebLinkAboutCAG2023-358 - Original - Entre Prises USA, Inc. - Arbor Heights 360 Climbing Wall Maintenance - 06/15/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr:A- Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep:L. KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Shayla Ott Parks, Recreation & Community Services Date Sent: Date Required: 0 05/12/2023 As soon as possible Q Authorized to Sign: Date of Council Approval: QMayor or Designee N/A Budget Account Number Grant? Yes NOW] P21082.64190.5133 858W Budget?W]Yes No Type: N/A Vendor Name: Category: Entre Prises USA. Inc. Contract Vendor Number: Sub-Category: = 72044 Original Arbor Heights 360 Climbing Project Name: g g Wall Maintenance Project Details: Vendor to provide services of 3 visits within a two year time frame including a full inspection of the climbing wall p and the associated equipment(ropes,harnesses, belay devices,caribiners,slings,draws etc.)including 4— replacing parts as recommend.A full report will detail the recommendations for the climbing wall located at Arbor C =Heights 360 Park, 11525 SE 240th St.Kent,WA 98031 as outlined in Exhibit A. a+ C Basis for Selection of Contractor: Agreement AmounrA 142.14 Other E ' *Memo to Mayor must be attached i Start Date: oon as possible Termination Date: 06/30/2025 Q Local Business? Yes Who*If meets requirements per KCC 3.70.100,please complete'Vendor Purchose-Locol Exceptions"form on Cityspace. Business License Verification: W1 Yes In-Process Exempt(KCC 5.01.045) W1 Authorized Signer Verified Notice required prior to disclosure? Contract Number: YesWINo CAG2023-358 Comments: i 3 f0 a1 C C 0 3 3 0 cl: a, a, cc Date Received:City Attorney: 5/30/23 Date Routed:Mayor's Office6/14/23 City Clerk's Office 6/16/23 adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 KENT W AS Hi HCT0N GOODS & SERVICES MAINTENANCE AGREEMENT between the City of Kent and Entre Prises USA, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Entre Prises USA, Inc. organized under the laws of the State of Oregon, located and doing business at 63085 181h Street, Suite 101, Bend, Oregon 97701, (541)388-5463, Bryce Benge (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. The Vendor shall provide the following goods and materials and/or perform the following maintenance services for the City: Vendor to provide services of 3 visits within a two year time frame including a full inspection of the climbing wall and the associated equipment (ropes, harnesses, belay devices, caribiners, slings, draws etc.) including replacing parts as recommend. A full report will detail the recommendations for the climbing wall located at Arbor Heights 360 Park, 11525 SE 240th St. Kent, WA 98031 as outlined in Exhibit A. The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or maintenance services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above within 15 working days after the City issues its Notice to Proceed. Upon the effective date of this Agreement, all physical work shall thereafter be completed by June 30th 2025 . 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 Vendor an amount not to exceed FOURTY NINE THOUSAND ONE HUNDRED FOURTY TWO AND FOURTEEN CENTS ($49,142.14), including applicable Washington State Sales Tax, for the goods, materials, and maintenance services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Vendor to submit invoices to APinvoices@kentwa.gov after each service and inspection. Card Payment Program. The Vendor 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 GOODS & SERVICES MAINTENANCE AGREEMENT - 1 (Over$20,000.00, including WSST) by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Vendor for any defective or unauthorized goods, materials or services. If the 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 the Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. PREVAILING WAGES. The Vendor 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 Vendor shall pay prevailing wages in effect on the date the bid is accepted or executed by the Vendor, 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. V. 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 the 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 the 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 the Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. GOODS & SERVICES MAINTENANCE AGREEMENT - 2 (Over$20,000.00, including WSST) VI. 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. VII. CHANGES. The City may issue a written change order 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 a change order is necessary, the Vendor 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 Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the 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 Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section IX, Claims, below. The Vendor 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 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. VIII. FORCE MA]EURE. 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 Vendor 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 Vendor 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 Vendor 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 Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. GOODS & SERVICES MAINTENANCE AGREEMENT - 3 (Over$20,000.00, including WSST) IX. CLAIMS. If the Vendor 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 Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). X. 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. XI. WARRANTY. The 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 GOODS & SERVICES MAINTENANCE AGREEMENT - 4 (Over$20,000.00, including WSST) established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The 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 the Vendor knows or should have known of the defect, or (2) upon the 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. XII. 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. The Vendor shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. XIII. INDEMNIFICATION. The 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 the 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 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 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 the Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIV. 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. XV. WORK PERFORMED AT VENDOR'S RISK. The 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 the Vendor's own risk, and the 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. GOODS & SERVICES MAINTENANCE AGREEMENT - 5 (Over$20,000.00, including WSST) 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 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 Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the 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 Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. GOODS & SERVICES MAINTENANCE AGREEMENT - 6 (Over$20,000.00, including WSST) 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 to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: CITY OF KENT: s. g s� � [ gy;s��.,� ,�L2l,,a 5,FAT B Print Name: S. Bryce Benge Print Name: Dana Ralph Its President Its Mayor DATE: May22,2023 DATE: 06/15/2023 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Bryce Benge Ben Levenhagen Entre Prises USA, Inc. City of Kent 63085 18th Street 220 Fourth Avenue South Suite 101 Kent, WA 98032 Bend, Oregon 97701 (253) 856-5133 (telephone) (541)388-5463 (telephone) Blevenhagen@kentwa.gov (email) b.benge@epclimbing.com email APPROVED AS TO FORM: lKenItLw Department ATTEST: L A�� Kent City Clerk GOODS & SERVICES MAINTENANCE AGREEMENT - 7 (Over$20,000.00, including WSST) DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, 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 statements 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 I, 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. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 of 5 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such EEO COMPLIANCE DOCUMENTS - 2 of 5 direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure EEO COMPLIANCE DOCUMENTS - 3 of 5 compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. By: For: Entre Prises USA Inc. Title: President Date: May 22,2023 EEO COMPLIANCE DOCUMENTS - 4 of 5 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment opportunity and non-discrimination in contracting 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. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. 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 coordinate with the City's Title VI coordinator, and perform 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 - 5 of 5 EXHIBIT A 63085 NE 181h Street Suite 101 Bend,OR 97701 E Pe 541 388.5463 CLIMBING MULTI-VISIT SERVICE AGREEMENT CLIMBING WALL INSPECTIONS&ADDITIONAL SERVICES PROPOSAL Date: 2/1/2023 Client: City of Kent,WA Contact:Jake Call Address 1: Arbor Heights360Park Email:Jcall@kentwagov Address 2: 11525 SE 240th St. Phone 1: (206)450.8280 City,State,Zlp-Code Kent,WA 98031 Phone 2: Original Job Name: City of Kent Surface Area Original EP Job Number: #1846 freeform Surface: 2,152 Year Installed: 2005 Imprint Surface: - MozalK Surface: _ Other Surface: Total Surface Area to be Inspected 2,152 Description Quantity Unit Unit Price Extended Price Vlslt#1 Seivlce&Sales(Holds)l 1 lea 1 $ 12,341,761 $12,341.16 Vlslt#1 Travell 1 1 ea I $ 2,952.941 $2,952.94 Visit#2 Servicel 1 lea 1 $ 11,091.761 $11,091 76 Visit#2 Travel 1 lea 1 $ 2,952.941 $2,952.94 Visit#3 Service&Sales(Holds)l 1 lea I $ 12,341.761 $12,341 76 visit#3 Travell 1 lea I $ 2,95294 1 $2,952 94 TOTAL BY FP: $44.634.10 not Including taxes Accepted by Title Date No rh/sisaServiceAgreement. The termoffheAgreeinenllsuoto2yearsfrointhedateorexecutionandIncludes3seMce visits rho ScWce Visits wllloccur each Whgdunngthe2ywragreetnent term. rhespeelficdatesanddefaitsofeachsam4cevisit shall be coordinated onorto each visit. "rhepricesshowninthisagreementareestimatesbasedoncurrentmarketconoltionsandanalysis In cases where thereisanincrease in thegeneralexpenses(Iravel,labor,materials equipmentrental,etc),the service visit costproposal will be amended to reflect the current market condifionsat the time ofeach service visit Anynewservicevisitcostproposalwillrequireacknowledgementand approval prior to each visil. Service includes labor;travel expenses,shipping,materials tiff rental,and equipment rental Holdsorderandshippingofup to d 1250001ncluded with Visits 1 and3only. Enlre Prises USA,6308518th Street,Suite 101, Bend OR 97701 Phone:(541)368-5463;Fax:(541)388-3248; www.spusa.corn 63085 NE 18th Street Suite 101 Bend,OR 97701 E Ps 541.388.5463 CLIMBING CLIMBING WALL INSPECTIONS&ADDITIONAL SERVICES PROPOSAL Service Agreement Visit#1 Date: 2/1/2023 Client: City of Kent,WA Contact: Jake Call Address 1: Arbor Heights 360 Park Email:jcall@kentwa.gov Address 2: 11525 SE 240th St. Phone 1: (206)450-8280 City,State,Zip-Code Kent,WA 98031 Phone 2: Original Job Name: City of Kent Surface Area Original EP Job Number: #1846 Freeform Surface: 2,152 Year installed: 2005 Imprint Surface: - MozaiK Surface: - Other Surface: Total Surface Area to be Inspected: 2,152 Description Quantity Unit Unit Price Extended Price EP Inspection 1 ea $ 5,091.76 $5,091.76 EP Inspection Travel 1 ea $ 2,341.18 $2,341.18 Services(Route Setting) 1 ea $ 6,000.00 $6,000.00 Services(Route Setting)Travel 1 ea $ 611.76 $611.76 ea $ - $0.00 Sales(Holds,Gear,Mads) 1 lea $ 1,250.00 $1,250.00 TOTAL BY EP: $15,294.71 not including taxes Accepted by Title Date NOTES.This is a 3-Day Service(1-Day Climbing Wal(Inspection,2-Days Route Setting) *Service includes a full inspection ofthe climbing wall and the associated equipment(ropes,harnesses, belay devices,caribiners,slings, draws,etc.).A full report will detail the recommendations for the climbing wall. *Service includes travel expenses,shipping,materials,/iftrental,and equipmentrental. *Service includes Route Setting fort days *Holds orderand shipping ofup to$1250.00 included. *Powerto be suppiied bycustomer(can be powerin area orgeneratorsufcient to operate equipment). *SERVICEAGREEMENT This is VISIT#1,which is part ofa Service Agreement. *The prices shown in this agreement are estimates based on current market conditions and analysis. In cases where there is an increase in the general expenses(travel,labor,materials,equipmentrental,etc.),the service visit costproposai wi//be amended to reflect the current market conditions at the time ofeach service visit.Anynew service visit costproposal will require acknowledgementand approval priorto each visit. Entre Prises USA,63085 18th Street,Suite 101, Bend OR 97701 Phone:(541)388-5463;Fax:(541)388-3248; www.epusa.com 63085 NE 18th Street Suite 101 Bend,OR 97701 E Ps 541.388.5463 CLIMBING CLIMBING WALL INSPECTIONS&ADDITIONAL SERVICES PROPOSAL Service Agreement Visit#2 Date: 2/1/2023 Client: City of Kent,WA Contact: Jake Call Address 1: Arbor Heights 360 Park Email:jcall@kentwa.gov Address 2: 11525 SE 240th St. Phone 1: (206)450-8280 City,State,Zip-Code Kent,WA 98031 Phone 2: Original Job Name: City of Kent Surface Area Original EP Job Number: #1846 Freeform Surface: 2,152 Year installed: 2005 Imprint Surface: - MozaiK Surface: - Other Surface: Total Surface Area to be Inspected: 2,152 Description Quantity Unit Unit Price Extended Price EP Inspection 1 ea $ 5,091.76 $5,091.76 EP Inspection Travel 1 ea $ 2,341.18 $2,341.18 Services(Route Setting) 1 ea $ 6,000.00 $6,000.00 Services(Route Setting)Travel 1 ea $ 611.76 $611.76 ea $ - $0.00 Sales(Holds,Gear,Mads) lea $ $0.00 TOTAL BY EP: $14,044.71 not including taxes Accepted by Title Date NOTES.This is a 3-Day Service(1-Day Climbing Wal(Inspection,2-Days Route Setting) *Service includes a full inspection ofthe climbing wall and the associated equipment(ropes,harnesses, belay devices,caribiners,slings, draws,etc.).A full report will detail the recommendations for the climbing wall. *Service includes travel expenses,shipping,materials,/iftrental,and equipmentrental. *Service includes Route Setting fort days *Power to be supplied by customer(can be powerin area orgeneratorsuflicient to operate equipment). *SERVICEAGREEMENT This is VISIT#2,which is part ofa Service Agreement. *There is no Holds Order for this visit. *The prices shown in this agreement are estimates based on current market conditions and analysis. In cases where there is an increase in the general expenses(travel,labor,materials,equipmentrental,etc.),the service visit costproposal wi//be amended to reflect the current market conditions at the time ofeach service visit.Anynew service visit costproposal will require acknowledgementand approval priorto each visit. Entre Prises USA,63085 18th Street,Suite 101, Bend OR 97701 Phone:(541)388-5463;Fax:(541)388-3248; www.epusa.com 63085 NE 18th Street Suite 101 Bend,OR 97701 E Ps 541.388.5463 CLIMBING CLIMBING WALL INSPECTIONS&ADDITIONAL SERVICES PROPOSAL Service Agreement Visit#3 Date: 2/1/2023 Client: City of Kent,WA Contact: Jake Call Address 1: Arbor Heights 360 Park Email:jcall@kentwa.gov Address 2: 11525 SE 240th St. Phone 1: (206)450-8280 City,State,Zip-Code Kent,WA 98031 Phone 2: Original Job Name: City of Kent Surface Area Original EP Job Number: #1846 Freeform Surface: 2,152 Year installed: 2005 Imprint Surface: - MozaiK Surface: - Other Surface: Total Surface Area to be Inspected: 2,152 Description Quantity Unit Unit Price Extended Price EP Inspection 1 ea $ 5,091.76 $5,091.76 EP Inspection Travel 1 ea $ 2,341.18 $2,341.18 Services(Route Setting) 1 ea $ 6,000.00 $6,000.00 Services(Route Setting)Travel 1 ea $ 611.76 $611.76 ea $ - $0.00 Sales(Holds,Gear,Mads) 1 lea $ 1,250.00 $1,250.00 TOTAL BY EP: $15,294.71 not including taxes Accepted by Title Date NOTES.This is a 3-Day Service(1-Day Climbing Wal(Inspection,2-Days Route Setting) *Service includes a full inspection ofthe climbing wall and the associated equipment(ropes,harnesses, belay devices,caribiners,slings, draws,etc.).A full report will detail the recommendations for the climbing wall. *Service includes travel expenses,shipping,materials,/iftrental,and equipmentrental. *Service includes Route Setting fort days *Holds orderand shipping ofup to$1250.00 included. *Powerto be suppiied bycustomer(can be powerin area orgeneratorsufcient to operate equipment). *SERVICEAGREEMENT This is VISIT#3,which is part ofa Service Agreement. *The prices shown in this agreement are estimates based on current market conditions and analysis. In cases where there is an increase in the general expenses(travel,labor,materials,equipmentrental,etc.),the service visit costproposai wi//be amended to reflect the current market conditions at the time ofeach service visit.Anynew service visit costproposal will require acknowledgementand Entre Prises USA,63085 18th Street,Suite 101, Bend OR 97701 Phone:(541)388-5463;Fax:(541)388-3248; www.epusa.com EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liabilit�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. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation_coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,OOOgeneral EXHIBIT B (Continued) aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. DATE(MM/DD/YYYY) ACORO® CERTIFICATE OF LIABILITY INSURANCE �� 5/12/2023 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 CONTACT NAME: Ashlie CasusO Crystal IBC LLC PHONE FAX 32 Old Slip FI 17 A/C No E : 305-938-5124 AC. /c No: E-MNew York NY 10005 ADDRESS: Ashile.Casuso@alliant.com INSURERS AFFORDING COVERAGE NAIC# License#:OC36861 INSURER A:XL Insurance America,Inc. 24554 INSURED ENTRUSA-01 INSURER 8:Lloyd's of London 0 Entre-Prises USA Inc. 63085 18Th St Ste 101 INSURER C: Bend OR 97701 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:167640882 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MWDD MWDD A X COMMERCIAL GENERAL LIABILITY US00098487LI23A 4/1/2023 4/1/2024 EACH OCCURRENCE $2,000,000 RENTED CLAIMS-MADE � OCCUR PREM SES DAMAGE TOEa occurrence $100,000 MED EXP(Anyone person) $10,000 PERSONAL 8 ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY PRO ❑ LOC PRODUCTS-COMP/OP AGG $2,000,000 X JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLA LIAB X OCCUR US00098486LI23A 4/1/2023 4/1/2024 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED I X I RETENTION$in nnn $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y I N STATUTE I ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Professional Liability HPL230101 5/1/2023 5/1/2024 Each Claim $2,000,000 Aggregate Limit $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Kent is included as additional insured where required by written contract as respects to liability arising out of the operations of the named insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent 220 Fourth Ave S AUTHORIZED REPRESENTATIVE Kent,WA 98032 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ENDORSEMENT#004 This endorsement, effective 12:01 a.m., April 01, 2023, forms a part of Policy No. US00098487LI23A issued to Entre-Prises USA Inc., by XL Insurance America, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract. All other terms and conditions of this policy remain unchanged. XIL 424 0605 C, 2005, XL America, Inc. POLICY NUMBER:US000984871-123A COMMERCIAL GENERAL LIABILITY CG 20 15 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - VENDORS 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) (Vendor Your Products Any person or organization that you are required in "Your Products" a written contract or written agreement to include as an additional insured provided the "Bodily Injury" or "Property Damage" occurs subsequent to the execution of the written contract or written 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 a. "Bodily injury" or "property damage" for include as an additional insured any person(s) or which the vendor is obligated to pay organization(s) (referred to throughout this damages by reason of the assumption of endorsement as vendor) shown in the Schedule of liability in a contract or agreement. This this endorsement, but only with respect to liability exclusion does not apply to liability for for "bodily injury" or "property damage" arising out damages that the vendor would have in the of "your products" shown in the Schedule of this absence of the contract or agreement; endorsement which are distributed or sold in the regular course of the vendor's business. However: 1. The insurance afforded to such vendor only applies to the extent permitted by law; and 2. If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. B. With respect to the insurance afforded to these vendors, the following additional exclusions apply: 1. The insurance afforded the vendor does not apply to: CG 20 15 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 3 72/24/2023 E(MM/DDYYY) A�" CERTIFICATE OF LIABILITY INSURANCE /Y THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTAPRODUCER Brown & Brown Northwest NAME, Julie Hammond 1160 SW Simpson Ave Ste. 100 A/CC,ON o Ext: 541-749-4958 FAX No: 541-385-3231 Bend, OR 97702 E-MAIL ADDRESS: 'ulie.hammond bbrown.com INSURER(S)AFFORDING COVERAGE NAIC# www.bbnw.com INSURERA: Ohio Casualty Insurance Company 24074 INSURED INSURER B: SAIF Corporation 36196 Entre Prises USA Inc INSURERC: Zurich American Insurance Co 16535 63085 18th Street Suite 101 INSURERD: Bend OR 97701 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 73146499 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAIE To TED CLAIMS-MADE1:1 OCCUR PRE MIS SES(E.occurrence) lccurrrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑ PRO JECT ❑ LOC PRODUCTS-COMP/OP AGG $ OTHER: $ A AUTOMOBILE LIABILITY BAS58612565 7/1/2022 7/1/2023 EeacccdentSINGLELIMIT) $1'000'000 ✓ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ ✓ AUTOS ONLY Lsical AUTOS ONLY Per accident ✓ Hired Auto Ph Dama e Comp/Collision Ded $100/500 UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION 959833(Oregon) 7/1/2022 7/1/2023 7/ STATUTE OERH 'AND EMPLOYERS LIABILITY C Y/N WC9663307(Multi-State) 7/1/2022 7/1/2023 ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? FN1 N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1 000 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1 $1 00I)000 A Installation Floater BM062690395 7/1/2022 7/1/2023 500,000 A Inland Marine-Leased/Rented Equip BK058612565 7/1/2022 7/1/2023 100,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Any and all operations of the insured. Forms AC8501 06/2018 and WC000013 Attached CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Clty of Kent WA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth AV S ACCORDANCE WITH THE POLICY PROVISIONS. Kent WA 98032 AUTHORIZED REPRESENTATIVE Joanna Severson ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 73146499 1 22-23 WC, Auto, IF, WC Julie Hammond 1 2/24/2023 10:41:54 AM (PST) I Page 1 of 9 This certificate cancels and supersedes ALL previously issued certificates. www.saif.com saffcorporation Carrier No: 20001 Endorsement No: WC000313 Policy No: 959833 (Oregon) Agency: Entre Prises USA Inc 63085 18th Street BROWN & BROWN NORTHWEST Suite 101 PO BOX 29018 Bend OR 97701 PORTLAND, OR 97296 Waiver of Our Right to Recover From Others Endorsement We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Description: ALL OPERATIONS Contractor Name: PERSONS AND/OR ORGANIZATIONS WITH WHOM THE INSURED-EMPLOYER IS REQUIRED BY WRITTEN CONTRACT TO WAIVE SUBROGATION RIGHTS This endorsement does not alter the rights of an injured worker to pursue recovery from another party or SAIF to receive a statutory share of recoveries by an injured worker, even from the party listed in the schedule. The premium charge for this endorsement is based on one (1) percent of your manual premium. Effective Date: 7/1/2022 This endorsement is part of your policy. This endorsement amends and controls anything to the contrary. It is otherwise subject to all other terms of your policy. Countersigned 11-25-2013 at Salem, Oregon 3r rrin, 430b Brenda P Ro President and Chief Executive Officer 400 High St SE I Salem,OR 97312 1 P: 800.285.8525 73146499 22-23 WC, Auto, IF, WC I Julie Hammond 1 2/24/2023 10:41:54 AM (PST) I Page 2 of 9 This certificate cancels and supersedes ALL previously issued certificates. BAS58612565 COMMERCIAL AUTO AC 85 01 06 18 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. If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state. COVERAGEINDEX SUBJECT PROVISION NUMBER ACCIDENTAL AIRBAG DEPLOYMENT 13 ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 4 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 21 AMENDED FELLOW EMPLOYEE EXCLUSION 6 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 15 BODILY INJURY REDEFINED 25 EMPLOYEES AS INSUREDS (Including Employee Hired Auto) 3 EXTRA EXPENSE- BROADENED COVERAGE 11 GLASS REPAIR-WAIVER OF DEDUCTIBLE 17 HIRED AUTO COVERAGE TERRITORY 23 HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto) 7 LOAN / LEASE GAP (Coverage Not Available In New York) 16 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 2 PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) 18 PERSONAL EFFECTS COVERAGE 12 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 9 PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM 14 PRIMARY AND NON-CONTRIBUTORY -WRITTEN CONTRACT OR WRITTEN AGREEMENT 24 RENTAL REIMBURSEMENT 10 SUPPLEMENTARY PAYMENTS 5 TOWING AND LABOR 8 TRAILERS - INCREASED LOAD CAPACITY 1 TWO OR MORE DEDUCTIBLES 19 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 20 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 22 M SECTION I -COVERED AUTOS is amended as follows: 1. TRAILERS-INCREASED LOAD CAPACITY The following replaces Paragraph C.1. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of SECTION I -COVERED AUTOS: "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 1 of 7 73146499 22-23 WC, Auto, IF, WC I Julie Hammond 1 2/24/2023 10:41:54 AM (PST) I Page 3 of 9 This certificate cancels and supersedes ALL previously issued certificates. SECTION II - LIABILITY COVERAGE is amended as follows: 2. NEWLY FORMED OR ACQUIRED SUBSIDIARIES SECTION II - LIABILITY COVERAGE, Paragraph A.1. - Who Is An Insured is amended to include the following as an "insured": d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an "insured" under any other automobile policy except a policy written specificall y to apply in excess of this policy; or (3) Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy. Coverage under this provision d. does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 3. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": e. 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". f. Any "employee" of yours while operating an "auto" hired or borrowed under 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". 4. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": g. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental 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 written agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit. The "insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory wording per enhancement number 24, this policy is excess over any other collectible insurance. M 5. 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 bail 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 $500 a day because of time off from work. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 2 of 7 73146499 22-23 WC, Auto, IF, WC I Julie Hammond 1 2/24/2023 10:41:54 AM (PST) I Page 4 of 9 This certificate cancels and supersedes ALL previously issued certificates. 6. 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 provi- sion 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 if you have workers compensation insurance in force for all of your "employees" at the time of "loss". This coverage is excess over any other collectible insurance. SECTION III -PHYSICAL DAMAGE COVERAGE is amended as follows: 7. 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 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 cost 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 $1,000 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" or any member of your "employee's" household. Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss". 8. TOWING AND LABOR M 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 $75 per disablement. b. For "light trucks", we will pay up to $75 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 (GVW) of 10,001 -20,000 pounds. However, the labor must be performed at the place of disablement. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 3 of 7 73146499 22-23 WC, Auto, IF, WC I Julie Hammond 1 2/24/2023 10:41:54 AM (PST) I Page 5 of 9 This certificate cancels and supersedes ALL previously issued certificates. 9. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. Coverage Extensions, Transportation Expenses of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500. 10. RENTAL REIMBURSEMENT SECTION III -PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following: 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 ex- penses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement requires the rental of a comparable or lessor vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should 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 N replace your tools and equipment from the covered "auto". This limit is excess over any other collectible insurance. 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. g. The insurance provided under this extension is excess over any other collectible insurance. If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 12.B. 11. 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. 12. 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 tangible property that is worn or carried by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securi- ties. 13. 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. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 4 of 7 73146499 22-23 WC, Auto, IF, WC I Julie Hammond 1 2/24/2023 10:41:54 AM (PST) I Page 6 of 9 This certificate cancels and supersedes ALL previously issued certificates. 14. PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following: Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle. 15. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph a. of the exception to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: Exclusions 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not de- signed solely for the reproduction of sound, if the equipment is: (1) Permanently installed in the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed in the covered "auto"; and (2) Designed to be solely operated by use from the power from the "auto's" electrical system; and (3) Physical damage coverages are provided for the covered "auto". 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. 16. LOAN / LEASE GAP COVERAGE (Not Applicable In New York) 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"; b. 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 Insur- ance 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"; M 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". © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 5 of 7 73146499 22-23 WC, Auto, IF, WC I Julie Hammond 1 2/24/2023 10:41:54 AM (PST) I Page 7 of 9 This certificate cancels and supersedes ALL previously issued certificates. C. SECTION V - DEFINITIONS 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. 17. 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. 18. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: N 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 lbs. 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. 19. TWO OR MORE DEDUCTIBLES Under SECTION III - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same "accident', the following applies to Paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived. For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group. SECTION IV -BUSINESS AUTO CONDITIONS is amended as follows: 20. 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 incep- tion 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. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 6 of 7 73146499 22-23 WC, Auto, IF, WC I Julie Hammond 1 2/24/2023 10:41:54 AM (PST) I Page B of 9 This certificate cancels and supersedes ALL previously issued certificates. 21. 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 follow- ing: 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: (a) How, when and where the "accident" or "loss" took place; (b) The "insureds" name and address; and (c) The names and addresses of any injured persons and witnesses. 22. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us, is amended by the addition of the following: If the person or organization has in a written agreement waived those rights before an "accident" or "loss", our rights are waived also. 23. 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. 24. PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE- MENT The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, B.5. Other Insurance and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". SECTION V -DEFINITIONS is amended as follows: 25. BODILY INJURY REDEFINED Under SECTION V -DEFINITIONS, 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. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 7 of 7 73146499 22-23 WC, Auto, IF, WC I Julie Hammond 1 2/24/2023 10:41:54 AM (PST) I Page 9 of 9 This certificate cancels and supersedes ALL previously issued certificates. 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: 2/24/2023 County Trade Job Classification Wage Holiday Overtime Note *Risk Class King Laborers Air, Gas Or Electric Vibrating $56.80 15J 4V 8Y View Screed King Laborers Airtrac Drill Operator $58.56 15J 4V 8Y View King Laborers Ballast Regular Machine $56.80 15J 4V 8Y View King Laborers Batch Weighman $48.14 15J 4V 8Y View King Laborers Brick Pavers $56.80 15J 4V 8Y View King Laborers Brush Cutter $56.80 15J 4V 8Y View King Laborers Brush Hog Feeder $56.80 15J 4V 8Y View King Laborers Burner $56.80 15J 4V 8Y View King Laborers Caisson Worker $58.56 15J 4V 8Y View King Laborers Carpenter Tender $56.80 15J 4V 8Y View King Laborers Cement Dumper-paving $57.84 15J 4V 8Y View King Laborers Cement Finisher Tender $56.80 15J 4V 8Y View King Laborers Change House Or Dry Shack $56.80 15J 4V 8Y View King Laborers Chipping Gun (30 Lbs. And $57.84 15J 4V 8Y View Over) King Laborers Chipping Gun (Under 30 Lbs.) $56.80 15J 4V 8Y View King Laborers Choker Setter $56.80 15J 4V 8Y View King Laborers Chuck Tender $56.80 15J 4V 8Y View King Laborers Clary Power Spreader $57.84 15J 4V 8Y View King Laborers Clean-up Laborer $56.80 15J 4V 8Y View King Laborers Concrete Dumper/Chute $57.84 15J 4V 8Y View Operator King Laborers Concrete Form Stripper $56.80 15J 4V 8Y View King Laborers Concrete Placement Crew $57.84 15J 4V 8Y View King Laborers Concrete Saw Operator/Core $57.84 15J 4V 8Y View Driller King Laborers Crusher Feeder $48.14 15J 4V 8Y View King Laborers Curing Laborer $56.80 15J 4V 8Y View King Laborers Demolition: Wrecking Et Moving $56.80 15J 4V 8Y View (Incl. Charred Material) King Laborers Ditch Digger $56.80 15J 4V 8Y View King Laborers Diver $58.56 15J 4V 8Y View King Laborers Drill Operator (Hydraulic, $57.84 15J 4V 8Y View Diamond) King Laborers Dry Stack Walls $56.80 15J 4V 8Y View King Laborers Dump Person $56.80 15J 4V 8Y View King Laborers Epoxy Technician $56.80 15J 4V 8Y View King Laborers Erosion Control Worker $56.80 15J 4V 8Y View King Laborers Faller Et Bucker Chain Saw $57.84 15J 4V 8Y View King Laborers Fine Graders $56.80 15J 4V 8Y View King Laborers Firewatch $48.14 15J 4V 8Y View King Laborers Form Setter $57.84 15J 4V 8Y View King Laborers Gabian Basket Builders $56.80 15J 4V 8Y View King Laborers General Laborer $56.80 15J 4V 8Y View King Laborers Grade Checker Et Transit Person $59.85 15J 4V 8Y View King Laborers Grinders $56.80 15J 4V 8Y View King Laborers Grout Machine Tender $56.80 15J 4V 8Y View King Laborers Groutmen (Pressure) Including $57.84 15J 4V 8Y View Post Tension Beams King Laborers Guardrail Erector $56.80 15J 4V 8Y View King Laborers Hazardous Waste Worker (Level $58.56 15J 4V 8Y View A) King Laborers Hazardous Waste Worker (Level $57.84 15J 4V 8Y View B) King Laborers Hazardous Waste Worker (Level $56.80 15J 4V 8Y View C) King Laborers High Scaler $58.56 15J 4V 8Y View King Laborers Jackhammer $57.84 15J 4V 8Y View King Laborers Laserbeam Operator $57.84 15J 4V 8Y View King Laborers Maintenance Person $56.80 15J 4V 8Y View King Laborers Manhole Builder-Mudman $57.84 15J 4V 8Y View King Laborers Material Yard Person $56.80 15J 4V 8Y View King Laborers Mold Abatement Worker $56.80 15J 4V 8Y View King Laborers Motorman-Dinky Locomotive $59.95 15J 4V 8Y View King Laborers nozzleman (concrete pump, $59.85 15J 4V 8Y View green cutter when using combination of high pressure air Et water on concrete Et rock, sandblast, gunite, shotcrete, water blaster, vacuum blaster) King Laborers Pavement Breaker $57.84 15J 4V 8Y View King Laborers Pilot Car $48.14 15J 4V 8Y View King Laborers Pipe Layer (Lead) $59.85 15J 4V 8Y View King Laborers Pipe Layer/Tailor $57.84 15J 4V 8Y View King Laborers Pipe Pot Tender $57.84 15J 4V 8Y View King Laborers Pipe Reliner $57.84 15J 4V 8Y View King Laborers Pipe Wrapper $57.84 15J 4V 8Y View King Laborers Pot Tender $56.80 15J 4V 8Y View King Laborers Powderman $58.56 15J 4V 8Y View King Laborers Powderman's Helper $56.80 15J 4V 8Y View King Laborers Power Jacks $57.84 15J 4V 8Y View King Laborers Railroad Spike Puller - Power $57.84 15J 4V 8Y View King Laborers Raker -Asphalt $59.85 15J 4V 8Y View King Laborers Re-timberman $58.56 15J 4V 8Y View King Laborers Remote Equipment Operator $57.84 15J 4V 8Y View King Laborers Rigger/Signal Person $57.84 15J 4V 8Y View King Laborers Rip Rap Person $56.80 15J 4V 8Y View King Laborers Rivet Buster $57.84 15J 4V 8Y View King Laborers Rodder $57.84 15J 4V 8Y View King Laborers Scaffold Erector $56.80 15J 4V 8Y View King Laborers Scale Person $56.80 15J 4V 8Y View King Laborers Sloper (Over 20") $57.84 15J 4V 8Y View King Laborers Sloper Sprayer $56.80 15J 4V 8Y View King Laborers Spreader (Concrete) $57.84 15J 4V 8Y View King Laborers Stake Hopper $56.80 15J 4V 8Y View King Laborers Stock Piler $56.80 15J 4V 8Y View King Laborers Swinging Stage/Boatswain $48.14 15J 4V 8Y View Chair King Laborers Tamper Et Similar Electric, Air $57.84 15J 4V 8Y View Et Gas Operated Tools King Laborers Tamper (Multiple Et Self- $57.84 15J 4V 8Y View propelled) King Laborers Timber Person - Sewer (Lagger, $57.84 15J 4V 8Y View Shorer Et Cribber) King Laborers Toolroom Person (at Jobsite) $56.80 15J 4V 8Y View King Laborers Topper $56.80 15J 4V 8Y View King Laborers Track Laborer $56.80 15J 4V 8Y View King Laborers Track Liner (Power) $57.84 15J 4V 8Y View King Laborers Traffic Control Laborer $51.48 15J 4V 9C View King Laborers Traffic Control Supervisor $54.55 15J 4V 9C View King Laborers Truck Spotter $56.80 15J 4V 8Y View King Laborers Tugger Operator $57.84 15J 4V 8Y View King Laborers Tunnel Work-Compressed Air $158.87 15J 4V 9B View Worker 0-30 psi King Laborers Tunnel Work-Compressed Air $163.90 15J 4V 9B View Worker 30.01-44.00 psi King Laborers Tunnel Work-Compressed Air $167.58 15J 4V 9B View Worker 44.01-54.00 psi King Laborers Tunnel Work-Compressed Air $173.28 15J 4V 9B View Worker 54.01-60.00 psi King Laborers Tunnel Work-Compressed Air $175.40 15J 4V 9B View Worker 60.01-64.00 psi King Laborers Tunnel Work-Compressed Air $180.50 15J 4V 9B View Worker 64.01-68.00 psi King Laborers Tunnel Work-Compressed Air $182.40 15J 4V 9B View Worker 68.01-70.00 psi King Laborers Tunnel Work-Compressed Air $184.40 15J 4V 9B View Worker 70.01-72.00 psi King Laborers Tunnel Work-Compressed Air $186.40 15J 4V 9B View Worker 72.01-74.00 psi King Laborers Tunnel Work-Guage and Lock $59.95 15J 4V 8Y View Tender King Laborers Tunnel Work-Miner $59.95 15J 4V 8Y View King Laborers Vibrator $57.84 15J 4V 8Y View King Laborers Vinyl Seamer $56.80 15J 4V 8Y View King Laborers Watchman $43.76 15J 4V 8Y View King Laborers Welder $57.84 15J 4V 8Y View King Laborers Well Point Laborer $57.84 15J 4V 8Y View King Laborers Window Washer/Cleaner $43.76 15J 4V 8Y View Welwme Shayla Ott HH.— Basic Information Le9e1 Entity Name UBI License Type Reissue.. FileLocal Application Id License Number Application Status Entre Prises USA Inc 60INS8741767074 BLOC ® 8528 2180141(2023) Issued Printable Application A Download Business U...,Certificate A Manual Business License Renewal 2023 d Send FileLowl Racewal Notice 2023 Basic 1pfonab" Business lnfomalion Payment Review Notes Business Name bade Nam.(DBAs) Entre Prises USA Inc EnVe Prises USAInc ®� Postal Cade Parcel Number Main Business Address 630BS 180,St Ste 101 Bend OR 97701-7406 Main Mailing Address 63085181h St Ste 101 Bend OR 97701-7406 Email Address• Phone Number jkeyser®epusa.com 541-388-5463 Unified Business Identifier Legal Entity Type Non-Profit W16658]41]6]0]0 Corporation Nc Signature: Garin Lee(May 12,202315:03PDT) Signature: Email: glee@kentwa.gov Email: rlashley@kentwa.gov Signature: &-IGiI hLellmhaamBrian POT) Email: bjlevenhagen@kentwa.gov