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HomeMy WebLinkAboutCAG2023-535 - Original - SOLitude Lake Management - Lake Fenwick Alum Treatment - 10/19/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) WASHINGTON Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Karin Bayes for Rowena V-Gica Public Works Date Sent: Date Required: c 10/06/2023 10/13/2023 Q Mayor or Designee to Sign. Date of Council Approval: Q Interlocal Agreement Uploaded to Website 10/3/2023 Budclet Account Number: Grant? Yes NoF-] D20097 Budget?❑✓ Yes Type: N/A Vendor Name: Category: i SOLitude Lake Management Contract Vendor Number: Sub-Category: Original 0 W Project Name: Lake Fenwick Alum Treatment oProject Details: The Vendor shall perform all work necessary to apply liquid aluminum c sulfate (alum) and liquid sodium aluminate (buffer) to Lake Fenwick. c Basis for Selection of Contractor: Agreement Amount: 114,255.17 Other E *Memo to Mayor must be attached Start Date: U1 pon execution Termination Date: 3/31/2024 a Local Business? Yes F]No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. Business License Verification: ❑Yes In-Process F1 Exempt(KCC 5.01.045) FlAuthorized Signer Verified Notice required prior to disclosure? Contract Number: Yes❑No CAG2023-535 Comments: IM C C 3 0 N a Date Received:City Attorney: 10/13/23 Date Routed:Mayor's Offic 10/19/23 6ity Clerk's Office 10/19/23 adccW2237- 1_-0 i /isit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 KENT WASH IN G T O N DATE: October 3, 2023 TO: Kent City Council SUBJECT: Lake Fenwick Alum Treatment - Award MOTION: I move to award the Lake Fenwick Alum Treatment Project to SOLitude Lake Management in the amount of $114,255.17 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The project will apply an alum treatment to Lake Fenwick to minimize phosphorous and algae blooms. This treatment is necessary in order to improve water quality in Lake Fenwick. A Request for Proposals was advertised for two weeks in August and proposals for the Lake Fenwick Alum Treatment Project were due on September 1, 2023, with one proposal received. The proposal submitted by SOLitude Lake Management in the amount of $114,255.17 was responsive and the proposer is qualified. BUDGET IMPACT: None (Fully grant funded by King County Waterworks and King County Flood Control District Subregional Opportunity Fund grants) SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Fenwick Alum Proposal 2023 FINAL (PDF) 09/19/23 Committee of the Whole MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 10/3/2023 7:00 PM MOVER: Brenda Fincher, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Thomas KEN T WAs� �ro GOODS & SERVICES AGREEMENT between the City of Kent and SOLitude Lake Management THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and SOLitude Lake Management organized under the laws of the State of Virginia, located and doing business at 735 South 56t" Street, Suite 2, Lincoln, NE 68510, Phone: 402-430-0352, Contact: John Holz (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. The Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall perform all work necessary to apply liquid aluminum sulfate (alum) and liquid sodium aluminate (buffer) to Lake Fenwick. For a description, please see the Vendor's Scope of Work which is attached as Exhibit A and incorporated by this reference. The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall complete the work and provide all goods, materials, and services by March 31, 2024. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Hundred Fourteen Thousand, Two Hundred Fifty Five Dollars and Seventeen Cents ($114,255.17), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Vendor shall be paid after execution of agreement and submittal of invoice. GOODS & SERVICES AGREEMENT - 1 (Over$20,000, including WSST) 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 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. 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. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. GOODS & SERVICES AGREEMENT - 2 (Over$20,000, including WSST) VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, the Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, Section XV(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 amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by 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. VII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ('force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the 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. VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts GOODS & SERVICES AGREEMENT - 3 (Over$20,000, including WSST) 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). IX. 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. X. 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 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 the 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 GOODS & SERVICES AGREEMENT - 4 (Over$20,000, including WSST) 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. XI. 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. XII. 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. XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit Exhibit B attached and incorporated by this reference. XIV. 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. XV. 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 GOODS & SERVICES AGREEMENT - 5 (Over$20,000, including WSST) 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 XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. 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 AGREEMENT - 6 (Over$20,000, 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: buBy: f BY�-- Print Name: M(.t c 1 (0 Cad Print Name: Dana Ralph Its i')iry��,r Its Mayor DATE: its �`fi c�L7S DATE: 1 oil Ai9m3 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: John Holz Chad Bieren, P.E. SOLitude Lake Management City of Kent 735 South 56th Street, Suite 2 220 Fourth Avenue South Lincoln, NE 68510 Kent, WA 98032 (402) 430-0352 (telephone) (253) 856-5500 (telephone) john.holz@solitudelake.com (email) PublicWorks@KentWA.gov (email) APPROVED AS TO FORM: 5 / 1r Kent Law Department ATTEST: Kent City Clerk GOODS & SERVICES AGREEMENT - 7 (Over$20,000, 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, EEO COMPLIANCE DOCUMENTS - 2 of 5 or is threatened with litigation by a subcontractor, or supplier because of such 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; EEO COMPLIANCE DOCUMENTS - 3 of 5 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 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. 1 U,-- o�, By: _ I For: _ 50L It,A! Title: 6� . tec �,yx, c Date: 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 S LITUDE September 1, 2023 LAKE MANAGEMENT Restoring Balance. Enhancing Beauty X ike Fenwick Alum Treatment Project #18-3003.1 Response • RFP PROPOSAL FOR: PROPOSAL BY: Rowena Valencia-Gica, PhD John Holz, PhD City of Kent Senior Limnologist 220 4th Avenue South Kent, SOLitude Lake Management WA 98032-5895 735 S. 56th Street, Suite 2 rvalencia@kentwa.gov Lincoln, NE 68510 john.holz@solitudelake.com SOLITUDE September 1, 2023 To: City of Kent, WA SOLitude Lake Management is proposing to provide full-scale buffered alum application services to successfully implement the Lake Fenwick Alum Treatment Project (Project). Please accept our response to the City of Kent's Request for Proposals (RFP). SOLitude has reviewed all available information and has a solid understanding of the RFP and the Project. We are aware of the City's desire to select a highly skilled and experienced applicator to meet the challenges of the project. Our submittal focuses on SOLitude's unmatched ability to execute the application with the highest possible level of precision, effectiveness, safety and professionalism. Specifically, you will find our proposal is focused on three areas that are critical for the success of your project: • Project Understanding. SOLitude is the elite contractor conducting large-scale alum applications throughout the US. We have a detailed understanding of the unique challenges and general needs associated with alum projects, as well as the specifics of the Lake Fenwick Project. We have the application technology and project experience in similar lakes to fully address these challenges. Our unmatched approach will ensure an application where the project design and strategy benefits are maximized in a the most cost-effective manner. • Efficient and precise application methods. SOLitude's technically advanced application equipment and techniques are state-of-the-art and unique to the industry. Custom designed, our computer-controlled flow and GPS tracking equipment has a proven track record of performance and the precision of our alum injection method has been well documented in third-party studies. With hundreds of completed lake applications, millions of gallons of alum and buffer applied and 40+ years of experience, our application expertise and experience are unparalleled. We have successfully completed 44 buffered alum applications (alum +sodium aluminate) to lakes greater than 50-ac in size over the past 5 years. • Professionalism. Alum applications generate much attention from the lake community, the public and the media. SOLitude's personnel and equipment promote a positive and professional image of the project. SOLitude not only possesses hands-on experience for the technical needs of this project, but also has a history of effectively implementing lake restoration projects. We have proven staff, experience, and project familiarity: all the ingredients to deliver a successful project. If you have any questions regarding our proposal, please contact Dr. John Holz, who will serve as the proposed Project Principal for SOLitude Lake Management. John C. Holz, PhD SOLitude Lake Management john.holz@solitudelake.com -402-430-0352 -www.solitudelakemanagement.com Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes or pricing contained in this document or any of its attachments without prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. PROPOSAL Technical Scope of Services - � � SOLITUDE LAKE: MANABEMENT Lake Fenwick Alum Treatment Project 1.0 Statement of Understanding SOLitude Lake Management is pleased to have the opportunity to assist the City of Kent (Project Owner) in managing Lake Fenwick, specifically by conducting a full-scale buffered alum application. SOLitude has the professionalism and extensive experience, technical expertise and resources to ensure the successful completion of this project. SOLitude has reviewed the Request for Proposals (RFP), and accompanying attachments provided by the Project Owner and has a clear understanding of the background and goals of the project. This Proposal is in accordance with the RFP and we have read and understand all sections and provisions therein. SOLitude is prepared to meet the desired treatment schedule and specifications requested by the Project Owner. Our previous work in Washington, across the U.S. makes SOLitude uniquely qualified for this important project. SOLitude understands that Lake Fenwick is a 24-acre lake in the City of Kent, WA with a maximum depth of 31 feet. Lake Fenwick has a history of high nutrients and high algal biomass in the water column of this high use lake. A substantial amount of phosphorus is present in the lakebed sediments and the sediments release phosphorus when oxygen levels decrease near the lake bottom. This leaching of phosphorus from the lakebed is called internal loading and ultimately increases the amount of phosphorus available for algal uptake and growth. An alum application has been recommended to improve lake water quality. The application produces a "floc" that settles to the bottom of the lake. The floc has sites where phosphorus in the sediments become chemically bound as it leaches from the bottom. The floc effectively intercepts and binds the phosphorus, which makes it unavailable for the algae to use for growth. The goals of the project are to dramatically reduce the internal loading of phosphorus from the sediments, lower the amount of phosphorus in the water column, reduce the amount of algae and potential toxins, and improve the recreational opportunities for lake users. SOLitude understands that the approach to realizing these goals is to apply 11.7 mg AI/L to Lake Fenwick in the fall of 2023. Lake Fenwick has a low buffering capacity and this must be considered carefully in the application plan and strategy. SOLitude mitigates the low buffering capacity challenge by flash mixing a pH buffer (liquid sodium aluminate), alum and lake water at the point of application to maintain a desirable water column pH. As detailed in the rigorous specifications found in the RFP, SOLitude also understands that the City seeks a highly efficient and effective application to meet the project goals. SOLitude has the project understanding, application technology and project experience in similar lakes to fully address these challenges and concerns. Our approach, which is unmatched by any other alum applicator, will ensure Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes or pricing contained in this document or any of its attachments without prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. Serving Clients Nationwide I 888.480.LAKE I solitudelakemanagement.com SOLITUDE _ 7 LAKE MANAGEMENT an application where the project design and strategy benefits are maximized. This approach, and detailed strategies to address challenges, are presented in the remainder of this submittal. 1.1 Cost Proposal $114,255.17 This cost is lump sum and includes all project components (alum, sodium aluminate, labor, mobilization, demobilization, incidentals, etc.) for a 2023 buffered alum application at Fenwick Lake, WA(as per requirements of the RFP). 1.2 Safety SOLitude understands that there is no higher priority than safety, both in terms of human safety and environmental safety. This level of safety is a function of detailed project specifications, experienced project oversight, employee training, state-of-the-art equipment, proper storage tanks, safety equipment, water quality monitoring and the execution of a site-specific Spill Prevention and Safety Plan for every project. Our alum application operations have been reviewed by a third party safety consultant and are OSHA compliant. 1.3 Project Familiarity SOLitude is fortunate to have been the premier alum application contractor conducting large-scale alum applications in Washington and across the country for over twenty years. In addition to our outstanding alum application performance record, we have a detailed understanding of the needs and expectations of the funding agencies, watershed districts, municipalities, lake associations and regional consulting firms. We have had the opportunity to work closely and effectively with representatives from these entities on our previous projects in Washington. We have conducted site visits to the lake, understand the expectations of the application contractor as presented in the Technical Specification and have a flawless record of meeting similar rigorous expectations on our previous projects. SOLitude is also very familiar with the lake improvement implementation process and the studies that are necessary to identify and partition lake nutrient loads and determine alum doses. We have a firm understanding of the application needs and how phosphorus inactivation fits into the larger lake management approach for Lake Fenwick. SOLitude also has a strong working relationship with the major suppliers of alum and sodium aluminate in the region. These relationships are valuable for a variety of reasons. Lake alum applications call for a high supply of alum over a short period of time. Effective and constant communication between SOLitude, the supplier, and the trucking company is critical for a constant alum supply, timely delivery, project schedule adjustments (due to unfavorable weather), adhering to project timelines, and obtaining documented high-quality alum. This existing relationship ensures the highest level of performance for the Lake Fenwick project. Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes or pricing contained in this document or any of its attachments without prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. SOLITUDE `3 LAKE MANAGEMENT 2.0 Alum & Sodium Aluminate Application 2.1 Application Overview SOLitude understands they will furnish and be responsible for all labor, mobilization, demobilization, materials, equipment and incidentals required to complete the Lake Fenwick application; including alum, sodium aluminate, application equipment, sampling equipment, storage equipment and spill containment equipment. SOLitude will be responsible for transport of the liquid alum and sodium aluminate to the staging area identified in the RFP and the application to the lake from a custom application vessel. SOLitude will arrange for portable storage tanks at the staging area and alum/sodium aluminate will be pumped from the storage tanks to tanks onboard the application vessel. The application vessel uses computerized dosage equipment that maintains a target dose rate by accounting for changes in vessel speed.All application equipment is integrated with GPS tracking to ensure a uniform and verifiable application area and rate. SOLitude will also be responsible for traffic management, restoring the staging area to pre-project conditions, submitting daily logs and maintaining a secure staging area. 2.2 Alum & Sodium Aluminate Delivery Alum and sodium aluminate will meet the specifications stated in the project's RFP. The two products will be delivered to the site the day of application in 5,000-gallon tankers following the predetermined access routes. Alum and sodium aluminate will be transferred to temporary lakeshore storage tanks from air-pressurized delivery tankers through enforcer suction discharge hose. Lakeshore storage tanks will be secured (locked) if the products are stored overnight. SOLitude will be responsible for scheduling the delivery of both products and security. 2.3 Staging Area SOLitude will utilize the staging area defined in the RFP.At the shoreline staging area, temporary storage tanks will be installed and equipped with spill containment berms. Storage tanks and any other sensitive equipment will be secured within temporary fencing. SOLitude will coordinate timely delivery, storage and transfer of the alum and sodium aluminate to ensure efficient operation of the lake application.All piping and fittings will be appropriate to the materials being transferred, corrosion resistant, with proper joint seals, and free of observable defects. All storage tanks, pipes, hoses, couplings and connectors will meet appropriate standards for handling alum and sodium aluminate. 2.4 Application Protocol Alum will be applied from an 8' x 24' customized barge. This vessel is powered with a Prodrive 40 horsepower air-cooled outboard motor, is equipped with a 20' application boom. The minimum application water depth for this vessel is two feet. Alum and sodium aluminate will be stored separately onboard the vessel in polyethylene tanks. Onboard pumps supply the alum and sodium aluminate separately to application ports on the spray bars. All piping is stainless steel or heavy-duty HDPE Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes or pricing contained in this document or any of its attachments without prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. .3 SOLITUDE LAKE MANAGEMENT tubing. Type 316 stainless-steel fittings are used in areas where contact with liquid products are anticipated.All couplings and connectors for distribution lines, storage tanks, pump and injector units meet corrosion resistance standards for both chemicals. The daily application rate for this vessel is 20,000 gallons per day. ' SOLitude's subsurface injection technology utilizes injection lines with jet nozzles that are suspended from the application boom and penetrate the water surface.Alum and sodium aluminate are injected under pressure and flash mixes with lake water. This method bypasses the lake water's surface tension and allows the floc to form and begin to settle quickly out of the photic zone (documented settling rates of 1 ft every 2 min). Thus, floc contact with algae and potential wind redistribution of floc is minimized. This system has successfully applied alum to lakes with high algal concentrations (e.g., Grand Lake St. Mary's, OH; Spring Lake, MN) and wind concerns (e.g., Georges Pond, ME; Cedar Lake, WI). The pumping system on the application vessel is controlled by a computerized GPS system that varies the flow rate with boat speed and bathymetric measurements (via sonar) to ensure the target dose rate is achieved. The treatment area/sectors will be delineated and installed into the GIS system and the application will be guided by integrated GPS Navigation System. The guidance system screen will show the lake and application boundary with a grid overlay. While assisting the operator in maintaining accurate passes/transects, the system logs the path of the treatment vessel with an accuracy of± 1 m. pH is monitored in real time from the vessel with a YSI Pro10 meter (calibrated daily) and the application stops if pH drops below 6.2 s.u. or exceeds 8.7 s.u. The computer-controlled pumping system has a manual backup system and replacements for all major parts (including pumps) exist on-site. 2.5 Equipment & Personnel Redundancy SOLitude provides complete redundancy for equipment and personnel during all alum applications to ensure that the project is not only completed, but completed on time. Downtime is minimized or eliminated by having replacement equipment and parts onsite for all components of the application process (e.g., pumps, hoses, fittings, valves, computerized flow control system components, etc.). Our application barges are equipped with two outboard motors and the application can continue with one motor in the event one fails. SOLitude also has backup barges that can be transported to the project site within 2-3 days. We also have trained on-call personnel that can be to the project site within 1-2 days to replace onsite staff if needed. 2.6 Application Timing & Duration This project entails uniformly applying a total of 9,280 gallons of alum and 5,100 gallons of sodium aluminate at ratio of 1.8:1 (v:v). The application will occur before the end of October 2023 and we anticipate the application will take 2 days to complete. SOLitude understands that lake pH water temperature and weather conditions will ultimately control the speed of application. Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes or pricing contained in this document or any of its attachments without prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. SOLITUDE LAKE: MANABEMENT 2.7 Jar Tests and pH Monitoring Jar tests will be conducted every morning prior to the application of alum and sodium aluminate to evaluate the effects of the application to the lake water at the time of application. Tests will be conducted on 20 gallons of lake water, which will be dosed with planned rates of alum and sodium aluminate application. The effects of the dose on lake water pH will be monitored and results will be used to adjust the application rate if needed. pH will be monitored in surface water samples at hourly intervals during the application. Application will be suspended if pH falls below 6.2 or rises above 8.7 s.u. 2.8 Communication Prior to application commencement, SOLitude will establish a communication plan and tree with input from the Project Owner and/or the Project Owner's Representative/Engineer. Communication regarding project scope, quality control, cost control, change management, day-to-day field activities, project safety, and schedule management will flow through the Project Manager (Tadd Barrow). Daily Application Log: A log of contractor activities and application information will be prepared each day of the project. The log will be shared electronically with the Project Owner and/or the Project Owner's Representative/Engineer by 10:OOAM the following day.At a minimum, the log will contain: • Date of Work • Hours of Application • Quantity of Alum Applied • Quantity of Sodium Aluminate Applied • Acreage Treated/Map • Summary of Alum and Sodium Aluminate Deliveries • Jar Test Results • pH Measurements • Explanation of any Downtime Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes or pricing contained in this document or any of its attachments without prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. EXHIBIT B INSURANCE REQUIREMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on Insurance Services Office (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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable if all the Primary and Umbrella or Excess Policies shall provide all the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. Automobile Liability insurance providing bodily injury and property damage liability coverage for all autos used in the performance of this Agreement. This coverage must be on a primary and non-contributory basis only. Coverage shall be written on 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. Contractor's Pollution Liability insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. Workers' Compensation coverage for the employees of Contractor and subcontractors as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no less than $1,000,000 per occurrence Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. Waiver of Subrogation Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence. Contractor's Pollution Liability insurance covering losses caused by pollution conditions that arise from the operations of any Contractor doing work on behalf of the City. Contractor's Pollution Liability insurance shall be written in an amount of at least $1,000,000 per occurrence, with an aggregate of at least $2,000,000. Coverage may be written on a claims-made basis. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. The above policy limits may be obtained with excess liability (umbrella) insurance. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance policies and shall not contribute to the Contractor's insurance policies. 2. Contractor's insurer must deliver or mail written notice of cancellation to the named insured at least forty-five (45) days before the effective date of the cancellation. The Contractor's insurance policy shall include an endorsement that provides the City with written notice of cancellation forty-five (45) days before the effective date of the cancellation. If Contractor's insurer fails to provide the City with a copy of the notice of cancellation endorsement, the Contractor must notify the City of any cancellation, nonrenewal or termination before the effective date of the cancellation. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) with respect to work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claims are made or suit is brought, except with respect to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. The City waives no rights, and the Contractor is not excused from performance if Contractor fails to provide the City with a copy of the endorsement naming the City as a Primary Non-Contributory Additional Insured. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the same insurance requirements as stated herein for the Contractor. DATE(MM/DD/YYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE 10/13/2023 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: Certificate Unit Edgewood Partners Insurance Center PHONE FAX 5909 Peachtree Dunwoody Road, Suite 800 A/c No Ext: 404-781-1700 A/c No), Atlanta GA 30328 ADDRESS: certificate@epicbrokers.com INSURER(S)AFFORDING COVERAGE NAIC# License#:OB29370 INSURERA:ACE American Insurance Company 22667 INSURED RENTOKI-01 INSURER B:ACE Property and Casualty Insurance Co 20699 SOLitude Lake Management, LLC. INSURER C:Arch Insurance Company11150 Rentokil North America, Inc. (REN478) 1320 Brookwood Drive, Suite H INSURERD:Allianz Underwriters Insurance Company 36420 Little Rock AR 72202-1412 INSURERE:AXIS Insurance Company 37273 INSURERF: Arch Indemnity Insurance Company 30830 COVERAGES CERTIFICATE NUMBER:1808558315 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 /Y LIMITS LTR INSD WVD POLICY NUMBER MM/DDYYY IY MM/DDYYY A X COMMERCIAL GENERAL LIABILITY OGLG27240331 10/1/2023 10/1/2024 EACH OCCURRENCE $5,000,000 CLAIMS-MADE OCCUR PREM SESOEa occur RENTEante $5,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 X POLICY jE LOC PRODUCTS-COMP/OP AGG $5,000,000 OTHER: $ C AUTOMOBILE LIABILITY 31 CAB1044403 AOS 10/1/2023 10/1/2024 COMBINED SINGLE LIMIT $5,000,000 C ( ) Ea accident X ANY AUTO 31 CAB1044503(MA) 10/1/2023 10/1/2024 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ B X UMBRELLA LIAB X OCCUR XOOG27239420 10/1/2023 10/1/2024 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$ $ C WORKERS COMPENSATION 31WCI1044203(FL) 10/1/2023 10/1/2024 X STATUTE OERH F AND EMPLOYERS'LIABILITY Y/N 34WCI1044303(AOS) 10/1/2023 10/1/2024 C ANYPROPRIETOR/PARTNER/EXECUTIVE 31 WCX1063301 (OH) 10/1/2023 10/1/2024 E.L.EACH ACCIDENT $2,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000 A Errors&Omissions Liability OGLG27240331 10/1/2023 10/1/2024 Each IncidenUAgg $5,000,000 D CPL(Excluding Aerial Ops) USL03016523 10/1/2023 10/1/2024 Each IncidenUAgg $5,000,000 E Crime/Client Coverage N N P-001-000968899-02 10/1/2023 10/1/2024 Each Occurrence $1,000,000 CPL=Contractor's Pollution Liability Lake Fenwick and City of Kent with respect to work performed by or on behalf of the contractor,to the extent required by written contract are additional insured on a primary and non-contributory basis with respect to general liability and auto liability.45-day notice of cancellation,except 10 days for non- payment of premium,applies to the extent required by written contract. Umbrella is follow form over the General Liability,Auto Liability and Employers Liability. 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. South 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 THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Name of Person(s) or Organization(s): ANY PERSON OR ORGANIZATION WHERE REQUIRED IN A WRITTEN CONTRACT THAT SUCH PERSON OR ORGANIZATION IS AN ADDITIONAL INSURED ON THIS POLICY PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO LOSS . With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Under Covered Autos Liability Coverage, the Who is An Insured provision is amended to include as an "insured" the person(s) or organization(s) named in the Schedule above, but only with respect to their legal liability for your acts or omissions or acts or omissions of any person for whom Covered Auto Liability Coverage is afforded under this policy. All other terms and conditions of this Policy remain unchanged. Endorsement Number: Policy Number: 31CAB1044503 Named Insured: RENTOKIL NORTH AMERICA, INC. This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 10/1/2023 00 CA0070 00 10 13 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - BLANKET This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM Under Covered Autos Liability Coverage, the Who is An Insured provision is amended to include as an "insured" the person or organization who is required under a written contract to be included as an "insured" under this policy, but only with respect to their legal liability for your acts or omissions or the act or omissions of a person for whom Covered Autos Liability Coverage is afforded under this policy. All other terms and conditions of this policy remain unchanged. Endorsement Number: Policy Number: 31 CA '44403 Named Insured: RENTOKIL NORTH AMERICA, INC. This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 10/01/2023 00 CA0115 00 10 13 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Sectio n IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: However, we will waive any right of recovery we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident'or 'loss"if: (1) The "accident'or 'loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any"accident'or 'loss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovered funds obtained by any injured employee. All other terms and conditions of the Policy remain unchanged Endorsement Number: Policy Number: 31CAB1044503 Named Insured: RENTOKIL NORTH AMERICA, INC . This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 10-01-23 00 CA0080 00 04 08 Page 1 of 1 POLICY NUMBER:31CAB104 4 4 03 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION WHERE WAIVER OF OUR RIGHT TO RECOVER IS PERMITTED BY LAW AND IS REQUIRED BY WRITTEN CONTRACT PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE LOSS . Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER:OGLG27240331 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations As required by written As required by written contract contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III —Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted by This endorsement shall not increase the applicable law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 Insured Copy POLICY NUMBER: OGLG27240331 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations As required by written contract As required by written contract A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s)shown in the Schedule, but only with exclusions apply: respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization other insured only applies to the extent permitted by than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: OGLG27240331 NOTICE TO OTHERS ENDORSEMENT—SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel this Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the "Schedule") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. 14"� G Authorized ep entative ALL-32686(01/11) Page 1 of 1 Insured Copy POLICY NUMBER:OGLG27240331 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss . Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work"done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 Insured Copy WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) POLICY NUMBER: 34WC11044203 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 applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION WHERE WAIVER OF OUR RIGHT TO RECOVER IS PERMITTED BY LAW AND IS REQUIRED BY WRITTEN CONTRACT PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO DATE OF LOSS . This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2023 Policy No. 31WC11044203 Endorsement No. Insured RENTOKIL NORTH AMERICA, INC. Premium INCL. Insurance Company ARCH INSURANCE COMPANY DATE OF ISSUE: Countersigned By WC 00 03 13 (Ed. 4-84) ©1983 National Council on Compensation Insurance. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE WC 04 03 06 POLICY POLICY NUMBER: 34WC11044303 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 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 applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION WHERE WAIVER OF OUR RIGHT TO RECOVER IS PERMITTED BY LAW AND IS REQUIRED BY WRITTEN CONTRACT PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO DATE OF LOSS. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10-01-23 Policy No. 34WC11044303 Endorsement No. Insured RENTOKIL NORTH AMERICA, INC. Premium $ INCL. Insurance Company ARCH INDEMNITY INSURANCE COMPANY Countersigned By DATE OF ISSUE: ©1998 by the Workers'Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual© 1999. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) POLICY NUMBER: 34WC11044303 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 applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION WHERE WAIVER OF OUR RIGHT TO RECOVER IS PERMITTED BY LAW AND IS REQUIRED BY WRITTEN CONTRACT PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO DATE OF LOSS . This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2023 Policy No. 34WC11044303 Endorsement No. Insured RENTOKIL NORTH AMERICA, INC. Premium INCL. Insurance Company ARCH INDEMNITY INSURANCE COMPANY DATE OF ISSUE: Countersigned By WC 00 03 13 (Ed. 4-84) ©1983 National Council on Compensation Insurance.