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HomeMy WebLinkAboutCAG2023-571 - Original - Pacific Fitness Products LLC - Kent Commons Fitness Equipment Purchase - 11/09/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: LHL� Agreement Routing Form DirAsst: le 400 • For Approvals,Signatures and Records Management Dir/Dep: KEN T 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: Tyler Goff for David Heldt Parks, Recreation & Community Services Date Sent: Date Required: > 11/7/2023 11/14/2023 0 Q Authorized to Sign: Date of Council Approval: QMayor or Designee N/A Budget Account Numbe Grant? Yes NoE] 10006210.6XXXX.4210 Budget?W]Yes E]No Type: N/A Vendor Name: Category: Pacific Fitness Products Contract Vendor Number: Sub-Category: c 1003980 Original Kent Commons Fitness Equipment Purchase Project Name: cProject Details: Purchase of fitness equipment for Kent Commons. Vendor will deliver and install. c Agreement Amount$38,539.14 Basis for Selection of Contractor: OTHER E *Memo to Mayor must be i Start Date: NOV 2023 Termination Date: 12/30/2023 Q Local Business? Yes Who*If meets requirements per KCC3.70.100,please complete"VendorPurchose-Locol Exceptions"form onCityspace. Business License Verification: ❑Yesw]In-ProcessD Exempt(KCC 5.01.045) W1 Authorized Signer Verified Notice required prior to disclosure? Contract Number: E]YesW1No CAG2023-571 Comments: H i 3 f0 a1 C C a1 Vf � 3 0 cc a, cc Date Routed:Mayor's Office 11/9/23 City Clerk's Office 11/9/2 Date Received:City Attorney: 11/8/23 adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 KENT WISHINGTON GOODS & SERVICES AGREEMENT between the City of Kent and Pacific Fitness Products LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Pacific Fitness Products LLC organized under the laws of the State of Washington, located and doing business at 12326 Beverly Park Rd. 101, Lynwood, WA 98087 (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: Pacific Fitness Products LLC will provide fitness equipment with delivery and set up at Kent Commons. For a description and quote, see Exhibit A which is attached 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 12/30/2023. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $38,539.14, 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 submit a single invoice for payment in full after completion of services. 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 AGREEMENT - 1 (Over$20,000, 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. 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. 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 GOODS & SERVICES AGREEMENT - 2 (Over$20,000, including WSST) 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 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. 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 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 GOODS & SERVICES AGREEMENT - 3 (Over$20,000, including WSST) 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 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 GOODS & SERVICES AGREEMENT - 4 (Over$20,000, including WSST) 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 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 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. GOODS & SERVICES AGREEMENT - 5 (Over$20,000, including WSST) 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. 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 GOODS & SERVICES AGREEMENT - 6 (Over$20,000, including WSST) to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: CITY OF KENT: Print Name: Karen Coleman Print Name: Dana Ralph Its Operations VP Its Mayor DATE: 11/08/2023 DATE: 11/09/2023 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Curtis Marzano David Heldt Pacific Fitness Products LLC City of Kent 12326 Beverly Park Rd. 101 220 Fourth Avenue South Lynwood, WA 98087 Kent, WA 98032 (425) 754-5279 (telephone) (253) 856-5004 (telephone) cmarzano@pac-fit.com (email) DHeldt@kentwa.gov (email) APPROVED AS TO FORM: Kle-nt aw Depart1jnnt ATTEST: k��—6W6 Kent City Clerk [In this field,you may enter the electronic filepath where the contract has been saved] 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. By: kat44f,Le�e�xa� For: Pacific Fitness Products LLC Title: Operations VP Date: 11/08/2023 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 Pro osal -PACIFIC Date Proposal # FITNESS PRODUCTS, LLC 10/10/2023 47075 uu<hori.ld 11PRECUR'di=«ib.<o, Prepared By: Remit To: Curtis J Marzano Pacific Fitness Products LLC cmarzano(@pac-fit.com 12326 Beverly Park Rd#101 (425)754-5279 Lynnwood WA 98087-1506 425.338.2008,Fax 425.338.3538 Page 1 of 2 orders@pac-fit.com Bill To Ship To AP:DHeidt@kentwa.gov Kent Commons Parks&Recreation Center City of Kent David Heidt(253)856-5004 220 4th Avenue South 525 4th Avenue North Kent,WA 98032 Kent WA 98032 United States Order Primary Contact On-Site Point of Contact Proposal Expires Terms PO# Ship Method Delivery Date 11/6/2023 Net 30 WA Staff 12/30/2023 Qty Item Description List Our Amount Tax Price Price 1 EPRCSCL-885-P84-BG Precor Experience 885 Revolving Stair Climber w/P84 Console 16"Touch Screen. 13,350.00 8,722.67 8,722.67 Yes Black Pearl Frame 1 EPRCEFX-885-P84-BG Precor Experience 885 Elliptical.Converging CrossRamp®Ad'ustable Between 10 12,870.00 8,580.00 8,580.00 Yes and 35 Degrees w/P84 Console 16"Touch Screen, Black Pearl Frame 1 EPIC-D-616DPL Precor Discovery PL Calf Raise Model 616 1,830.00 1,365.75 1,365.75 Yes 1 EPIC-S-0O27ES-BG Precor Vitality Line Leg Extension/Curl,Black Pearl Frame 4,250.00 2,805.33 2,805.33 Yes 1 EPIC-D-802DPL-BP Precor Discovery Plate-Loaded Smith Machine Model 802,Black Pearl Frame 5,290.00 3,840.00 3,840.00 Yes 1 EPIC-V-6117VBR Precor Vitalitr Flat,Incline,Decline Bench Model 6117,Black Pearl Frame 930.00 613.33 613.33 Yes 1 ETAG-RCK-HDR70 TAG Fitness Tag 3 Tier Horizontal Dumbbell Rack,Black,12.25"x 70" 1,138.00 875.38 875.38 Yes Dumbbells Sold Separately 1 ETAG-HEX-5-75 SET TAG Fitness SDS Hex DB, Rubber Encased,Straight Handle,Black Set 5-75LBS,15 2,880.00 2,215.38 2,215.38 Yes pair(5/10/15/20/25/30/35/40/45/50/55/60/65/70/75) 1 ETAG-RBR-SET TAG Fitness Olympic Rubber Tri-Grip Plate,255 lb.Set(2 ea-2.5,10,25,35,45&4 657.90 506.08 506.08 Yes ea 5's) 4 ETAG-RBR-45 TAG Fitness 451b Rubber Olympic Plate 116.10 89.31 357.24 Yes 1 ET-CLUBPAC-CKB9 Troy Clubpack.Includes X-Band kit(Exercise resistance band pack w/4 bands 1,242.28 955.60 955.60 Yes (light,medium,heavy,extra heavy)2 handles,2 ankle straps and 1 door anchor.), Vertical Kettlebell&Accessory Rack GKBR-3,and 9 VTX Rubber Kettlebells 10-501b. 1 Shipping&Handling Incoming Freight,Shipping&Handling charges 1,467.00 1,467.00 Yes 1 Delivery&Setup Delivery&Setup charges 2,700.00 2,700.00 Yes Elliptical,Step Climber,Leg Ext/Curl will be installed.All other items will be put into storage on site until the room is completed with the expansion in 2024. Pro osal -PACIFIC Date Proposal # FITNESS PRODUCTS, LLC 10/10/2023 47075 uu<hori.ld IIPRECUR'di=«ib.<o, Prepared By: Remit To: Curtis J Marzano Pacific Fitness Products LLC cmarzano(@pac-fit.com 12326 Beverly Park Rd#101 (425)754-5279 Lynnwood WA 98087-1506 425.338.2008,Fax 425.338.3538 Page 2 of 2 orders@pac-fit.com Additional Notes: Pacific Fitness Products schedules delivery dates 3 weeks in advance.I acknowledge and Subtotal $35,003.76 understand that additional charges may occur due to the lack of readiness,resulting in scheduling Tax(AVATAX conflicts or cancellations.Please refer to the Terms and Conditions documentation for further 10.1%) $3,535.38 details. Total $38,539.14 ACH.Credit Card payment is accepted for your convenience at an additional 3%.Please make checks payable to PACIFIC FITNESS PRODUCTS and remit to the Lynnwood address above. PACIFIC FITNESS PRODUCTS LLC STANDARD TERMS & CONDITIONS 1. AGREEMENT: The terms and conditions of sale shall constitute a Sale Agreement between Pacific Fitness Products LLC. (hereinafter referred to as PFP) and Customer for all products and services to be provided by PFP to Customer, and no other terms and conditions and no modifications or amendments thereof shall be binding upon the parties unless consented in writing by PFP. Customer will review and sign a Sales Proposal to initiate orders for products and services, however any terms and conditions on such form which are in addition to or inconsistent with the terms and conditions of this Agreement shall be deemed to have been stricken for such orders. 2. DELIVERY: PFP will use its best efforts in the ordinary course of its business to effect deliveries as specified, however in no event, shall PFP be liable for any damages, consequential or otherwise, arising from any failure of PFP to meet any delivery date. Unless otherwise requested by Customer, delivery will be made by PFP's Delivery Team or an authorized 3rd Party Delivery Company selected by PFP or in the case of drop ship orders, a common carrier selected by PFP. Delivery of equipment will take place only if the original sales proposal has been signed by an authorized representative of the Customer. The Customer agrees to accept delivery of goods on a mutually agreed upon date, based on product availability and location readiness. In the event customer is unable or unwilling to accept installation within the time frame agreed upon above, customer agrees to arrange to store goods and remit payment as per the terms of this agreement. If PFP is willing to provide assistance in storage of equipment, the same shall be stored at prevailing market rates. PFP will make its best effort to accommodate customer's needs once a new timetable for delivery is established, however cannot guarantee reschedule date availability. In no event will PFP be liable for any loss, damage, or expense due to late delivery or damage caused by contracted delivery companies or carriers. Customer's notice of delivery schedule cancellation must be received by PFP no less than three (3) workdays prior to the confirmed delivery date and time. Detailed Terms of Delivery: • Pacific Fitness Products delivery fees include one (1) trip for delivery, installation, product placement, testing and trash removal. • Entertainment Programming, 1 return trip No Fee - each additional return trip will be $200.00. • The following utilities: electric, internet, cable, must be functioning at the time of delivery to avoid additional return visits. • Pacific Fitness Products schedules deliveries 3 weeks in advance. If a rescheduled delivery is cancelled anytime within the 3-week period before the scheduled date, the next delivery date maybe a minimum of 3 weeks from the date of reschedule. • The following additional fees may occur due to the lack readiness if resulting in scheduling conflicts or cancellations. • Late cancellation < 3 days' notice for delivery: $150 • If a confirmed scheduled delivery is cancelled the day before or day of, due to lack of facility readiness there will be additional fees for redelivery and storage of equipment. o Re-delivery/return visit rates due to lack readiness start at$395. o Storage rates after 30 days: $2.50/per day per pallet 3. PARTIAL SHIPMENT: PFP reserves the right to make partial shipments of products ordered by Customer as such products become available for shipment and may invoice separately for each shipment. Partial shipment of products shall not relieve Customer from Customer's obligation hereunder to accept shipments of the remainder of the order. 4. RISK OF LOSS: Title and risk of loss shall pass to Customer upon delivery and acceptance of the equipment by the City of Kent 5. PAYMENT: Unless otherwise indicated, the terms of payment are as they appear on the signed sales proposal and or sales order documents. PFP reserves the right to require full or partial payment in advance of all or any part of the purchase price of any product or service listed on accepted proposal/order. PFP shall invoice Customer for the purchase price of each of the products shipped and services pursuant to this Agreement, which invoice may also reflect charges for freight, handling, taxes, delivery and other amounts payable to PFP hereunder. All amounts specified in any such invoice shall be paid by Customer to PFP within thirty (30) days from the date of the invoice or as indicated on the original proposal or sales order. Any amounts due hereunder from Customer and not paid within thirty (30) days or agreed upon due date thereon shall bear interest at the lesser of the rate of one and one-half percent (1 '/z %) per month or the maximum rate permitted by applicable law. Such interest shall be in addition to and without limitation of any other rights or remedies which PFP may have under this Agreement or at law or in equity. PFP shall have the right and option to withhold service and parts. Customer agrees to pay any attorney's fees and costs incurred by PFP in the collection of any delinquent amounts due under this Agreement. Customer shall be responsible for all taxes arising out of or related to the provision of products and services ordered, including but not limited to sales, use and excise taxes, unless proper tax-exempt paperwork is provided during the proposal period. Such taxes shall be in addition to the sales price unless otherwise provided. 6. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Washington and the exclusive forums for the resolution of any disputes hereunder shall be Washington state courts in the County of King or federal courts in the State of Washington. 7. RETURNS: New, unused Finished Goods/Product currently sold by PFP may, but only with prior written authorization be returned. In no case is any equipment to be returned without a proper Return Authorization (RA). RA's must be assigned and approved. They can be obtained by contacting your Sales Representative or by calling our corporate office at 800-495-2008, hours of operation are 8:00 AM-4:00 PM Pacific Time. PFP assumes no responsibility for damage caused by shipping or improper packaging, and all items being returned must be received by PFP in the same condition as when it was originally shipped/delivered to the Customer. Items being returned from the Customers site will be handled by the original delivery company and will be prepaid by the Customer. Each returned item is subject to a 10% to 30% restocking fee of the purchase price of such product. Orders cancelled after shipment from the vendor to PFP or after production begins for built to order product are subject to a 20% restocking fee of the purchase price. Any purchase orders in progress including without limitation, all costs, expenses and liabilities (including cancellation charges) incurred by PFP as a result of such termination. 8. ACCEPTANCE BY CUSTOMER: The products shall be deemed accepted by Customer as of the date of receipt of the products by the Customer and signed acceptance of the Sales Order documents at the completion of the delivery and set up. IF within Ten (10) days after such date Customer gives PFP written notice that the products are not accepted and specifies in detail the reasons thereof. PFP may then, at its sole discretion, proceed to make necessary corrections, in which case such corrective action by PFP shall be Customers sole remedy for non-acceptance of a product. Upon completion and acceptance of such corrections, the products will be deemed accepted by Customer. Under no circumstances shall Customer be entitled to revoke Customer's acceptance of the products. 9. WARRANTY Each product shall have its own Limited Warranty. Such Warranty shall be the original Customers sole and exclusive remedy for any breach of the Warranty. PFP makes no warranties, express or implied with respect to the equipment and expressly disclaims any implied warranty of merchantability and any implied warranty of fitness for purpose. Any warranty obligations are maintained between the original equipment manufacturer and the Customer and shall be governed by the requirements of the manufacturer's warranty requirements and specifications. 10. ASSUMPTION OF RISK/LIMITATION OF LIABILTY: The Customer and each user of the equipment are solely responsible for the proper use thereof. Improper use may result in personal injury. PFP will not be liable for any direct, special, indirect, or consequential damages arising out of the improper use of the equipment. The purchase of this equipment signifies acceptance of all responsibility and liability of monitoring member's usage and liability of training at own risk. In no event will PFP be liable for any special, punitive, indirect, or consequential damages (including lost profits) resulting from the use or loss of use of the equipment, even if it has been advised of the possibility of such damage. This includes a) any improper or incomplete installation performed by the customer, b) installations that have been compromised after professional installation by PFP c) any misuse of the equipment by the end user. 11. FORCE MAJEURE: Delay in or failure to carry out the duties imposed upon either party (except Customer's duty to make invoiced payments to PFP) under this Agreement shall not constitute default hereunder or give rise to any claim for damages if such delay or failure results directly or indirectly from acts of God, acts of any civil or military authority, civil disturbances, war, strikes, or other labor disputes , shortages of labor or materials, fire, transportation contingencies, laws, regulations, acts or order or any government or agency or official thereof, other catastrophes or any other similar occurrences beyond such party's control, all of the aforesaid being herein for convenience referred to as "events of force majeure". In the event that PFP's work is delayed, impeded or rendered more costly to PFP by any event of force majeure, the price to the Customer hereunder shall be increased accordingly, upon at least thirty (30) days prior written notice to Customer, to reflect such increase in the cost to PFP, including without limitation, its increase in costs occasioned by the indirect effects of such event. Force majeure delays shall also extend the estimated delivery date on a day by day basis 12. TERMINATION: Either party may terminate this Agreement at any time on fifteen (15) days written notice without cause. In the event of termination, Customer and PFP shall be relieved of all further obligations hereunder except Customers obligation to pay PFP the total of PFP's outstanding invoices as of the date of termination and invoices on all orders. 13. WAIVER: No waiver of any provision of this Agreement or any rights or obligations of either party hereunder shall be effective or a continuing waiver, except pursuant to a written instrument signed by the party or parties waiving compliance. Any such waiver shall be effective only in the specific instance and the specific purpose stated in such written document. 14. SEVERABILITY OF PROVISIONS: No modification may be made to these Terms and Conditions unless the same is in writing, signed by an authorized corporate representative of PFP. These Terms and Conditions represent the entire understanding between PFP and Customer and there are no oral understandings. These Terms and Conditions supersede any prior discussions, understandings, or agreements between Customer and PFP. Without limiting the foregoing, it is expressly understood and agreed that every provision of this agreement which provides for a limitation of liability, disclaimer of warranties or exclusion of damages is intended by the parties to be severable and independent of any other such provision and to be enforced as such. Further, it is expressly understood and agreed that in the event any remedy hereunder is determined to have failed of its essential purpose, all limitations of liability and exclusion of damages set forth herein shall remain in full force and effect In the event that any provision hereof is found invalid or unenforceable pursuant to judicial decree, the remainder of the Agreement shall remain valid and enforceable according to its terms. Exhibit B Insurance Requirements 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: 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 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. 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 Consultant 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 automobiles/vehicles 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. Workers' Compensation coverage for the employees of Consultant and subcontractors as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no less than $1,000,000 per occurrence, $2,000,000 general aggregate. 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. If the Consultant 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 Consultant. 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 Consultant'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 Consultant's insurance policies and shall not contribute to the Consultant's insurance policies. 2. Consultant'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 Consultant'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 Consultant's insurer fails to provide the City with a copy of the notice of cancellation endorsement, the Consultant must notify the City of any cancellation, nonrenewal or termination within two (2) business days of their receipt of such notice. 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 Consultant 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 Consultant'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 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 Consultant before commencement of the work. The City waives no rights, and the Consultant is not excused from performance if Consultant fails to provide the City with a copy of the endorsement naming the City as a Primary Non-Contributory Additional Insured. F. Subcontractors Consultant 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 Consultant. Client#: 1847536 PACIFFITI DATE(MM/DD/YYYY) ACORD_ CERTIFICATE OF LIABILITY INSURANCE 1 10/18/2023 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Laurie Ritson USI Insurance Services NW CL1 PHONE 503 224-8390 FAX A/C,No,Ext: (A/C,No): 825 NE Multnomah, Suite 1500 E-MAIL laurie.ritson@usi.com ADDRESS: Portland, OR 97232 INSURER(S)AFFORDING COVERAGE NAIC# 503 224-8390 Employers Mutual Casualty Insurance Co 21415 INSURER A: y INSURED INSURER B: Pacific Fitness Products LLC INSURER C: 12326 Beverly Park Rd. 101 INSURER D Lynnwood,WA 98087 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 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 CONTRACTOR 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 W LIMITS LTR INSR VD POLICY NUMBER MM/DD/YYYY MM/DD/YYY A X COMMERCIAL GENERAL LIABILITY 6D27614 12/10/2022 12/10/2023 EACH OCCURRENCE s2,000,000 CLAIMS-MADE FX OCCUR PREMISES(E.occur.noe $1 000 000 $0 Deductible MED EXP(Any one person) $10 000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 PR POLICY X1 JECOT FLOC PRODUCTS-COMP/OPAGG $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY 6E27614 12/10/2022 12/10/202 COMBINED SINGLE LIMIT Ea accident 1e e 000 000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ A X UMBRELLA LIAB X OCCUR 6J27614 12/10/2022 12/10/2023 EACH OCCURRENCE s2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE s2,000,000 DED I X RETENTION$1 O 000 $ A WORKERS COMPENSATION 6D27614 12/10/2022 12/10/202 PER OTH- AND EMPLOYERS'LIABILITY TAT TE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WA Stop Gap E.L.EACH ACCIDENT $1 00O 000 OFFICER/MEMBER EXCLUDED? � N/A (Mandatory in NH) Only E.L.DISEASE-EA EMPLOYEE $1 000 000 If yes,describe uner DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Proposal#47075 dated 10/10/2023 The City of Kent is an additional insured as respects general liability,as required by written contract, per attached endorsement. Waiver of subrogation in favor of additional insured,as required by written contract, per attached endorsement. CERTIFICATE HOLDER CANCELLATION City Of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 4th Ave S ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S42331066/M40213679 AAMZR This page has been left blank intentionally. 6E27614 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTO ELITE EXTENSION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The BUSINESS AUTO COVERAGE FORM is amended to include the following clarifications and extensions of coverage. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. TEMPORARY SUBSTITUTE AUTO PHYSICAL (2) Available under the applicable Limit Of DAMAGE Insurance for Covered Autos Liability Section I — Covered Autos Paragraph C. Certain Coverage shown in the Declarations; Trailers, Mobile Equipment, and Temporary whichever is less. Substitute Autos is amended by adding the C. EMPLOYEES AS INSUREDS following: The following is added to the Section II — Covered If Physical Damage Coverage is provided by this Autos Liability Coverage, Paragraph A.1. Who Is coverage form for an "auto" you own, the Physical An Insured provision: Damage Coverages provided for that owned Any"employee" of yours is an "insured" while using "auto" are extended to any "auto" you do not own a covered "auto" you don't own, hire or borrow in while used with the permission of its owner as a your business or your personal affairs. temporary substitute for the covered "auto" you own that is out of service because of breakdown, D. EMPLOYEE HIRED AUTOS repair, servicing, "loss" or destruction. 1. Changes In Covered Autos Liability The coverage provided is the same as the Coverage coverage provided for the vehicle being replaced. The following is added to the Who Is An B. BLANKET ADDITIONAL INSUREDS Insured provision: The Who Is An Insured provision under Section II An "employee" of yours is an "insured" while — Covered Autos Liability Coverage is amended operating an "auto" hired or rented under a to include the following as an "insured": contract or agreement in an "employee's" 1. Any person or organization whom you have name, with your permission, while performing agreed in a written contract or agreement to duties related to the conduct of your business. 2. Changes In General Conditions name as an additional "insured" under your "auto" Policy to provide "bodily injury' or Paragraph 5.b. of the Other Insurance in the "property damage" coverage, but only with Business Auto Coverage Form is amended by respects to liability arising out of the use of a the addition of the following: covered "auto" you own, hire or borrow and For Hired Auto Physical Damage Coverage any resulting from the acts or omissions by you, any covered "auto" hired or rented by your of your "employees" or agents. The insurance "employee" under a contract in an "employee's" afforded to such additional "insured" will not be name, with your permission, while performing broader than that which you are required to duties related to the conduct of your business is provide for such additional "insured" and deemed to be a covered "auto" you own. applies only to a written contract executed prior However, any "auto" that is leased, hired, rented or to the "bodily injury" or "property damage" and borrowed with a driver is not a covered "auto". is still in force at the time of the"accident". 2. With respect to the insurance afforded to the E. NEWLY FORMED OR ACQUIRED additional "insured" described above, the ORGANIZATIONS following is added to Section — C. Limit Of Section II — Covered Autos Liability Coverage, Insurance Covered Autos Liability A.1. Who Is An Insured is amended by adding the Coverage: following: The most we will pay on behalf of the additional Any organization which you acquire or form after "insured" is the amount of insurance: the effective date of this Policy in which you (1) Required by the written contract or maintain ownership or majority interest. However: agreement described above, or CA7450(2-22) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 1 of 5 (1) Coverage under this provision is afforded only a covered private passenger "auto". The up to 180 days after you acquire or form the deductible is waived for these services. organization, or to the end of the Policy period, K. TRANSPORTATION EXPENSES whichever is earlier. Section III — Physical Damage Coverage, A.4. F. SUBSIDIARIES AS INSUREDS Coverage Extensions Subparagraph a. Section II — Covered Autos Liability Coverage, Transportation Expenses is replaced by the A.1. Who Is An Insured is amended by adding the following: following: (1) We will pay up to $75 per day to a maximum of Any legally incorporated subsidiary in which you $2,500 for temporary transportation expense own more than 50% of the voting stock on the incurred by you because of the total theft of a effective date of this Policy. However, "insured" covered "auto" of the private passenger type. does not include any subsidiary that is an "insured" We will pay only for those covered "autos" for under any other automobile liability Policy or was which you carry either Comprehensive or an "insured" under such a Policy but for termination Specified Cause of Loss Coverage. We will of that Policy or the exhaustion of the Policy's limits pay for temporary transportation expenses of liability. incurred during the period beginning 48 hours after the theft and ending, regardless of the G. SUPPLEMENTARY PAYMENTS Policy's expirations, when the covered "auto" is Section II — Covered Autos Liability Coverage, returned to use or we pay for its "loss". A.2.a. Coverage Extensions, Supplementary (2) If the temporary transportation expenses you Payments (2) and (4) are replaced by the incur arise from your rental of an "auto" of the following: private passenger type, the most we will pay is (2) Up to $5,000 for the cost of bail bonds the amount it costs to rent an "auto" of the (including bonds for related traffic law private passenger type which is of the same violations) required because of an "accident" like, kind and quality as the stolen covered we cover. We do not have to furnish these "auto". bonds. L. ELECTRONIC EQUIPMENT COVERAGE ADDED (4) All reasonable expenses incurred by the LIMITS "insured" at our request, including actual loss of All electronic equipment that reproduces, receives earnings up to $500 a day because of time off or transmits audio, visual, or data signals in any from work. one "loss" is $5,000, in addition to the sublimit in H. FELLOW EMPLOYEE COVERAGE Paragraph CA.b. of the Limits Of Insurance In those jurisdictions where, by law, fellow provision under Section III — Physical Damage employees are not entitled to the protection Coverage. afforded to the employer by workers compensation M. HIRED AUTO PHYSICAL DAMAGE exclusivity rule, or similar protection. The following Section III — Physical Damage Coverage, A.4. provision is added: Coverage Extensions is amended by adding the Subparagraph 5. of Paragraph B. Exclusions in following: If hired "autos" are covered "autos" for Section II — Covered Autos Liability Coverage Liability Coverage, and if Comprehensive, Specified does not apply if the "bodily injury" results from the Causes of Loss, or Collision Coverage is provided use of a covered "auto" you own or hire. for any "auto" you own, then the Physical Damage I. TOWING AND LABOR coverages provided are extended to "autos" you lease, hire, rent or borrow is deemed to be a Section III — Physical Damage Coverage, A.2. covered "auto" you own, subject to the following Towing And Labor is replaced with the following: limit and deductible: We will pay for Towing And Labor costs incurred, (1) The most we will pay for loss to any leased, subject to the following: hired, rented or borrowed "auto" is the lesser of a. Up to $100 each time a covered "auto" that is a up to a limit of $100,000, Actual Cash Value or private passenger type is disabled; or Cost of Repair, minus the deductible. b. Up to $500 each time a covered "auto" other (2) The deductible will be equal to the largest than the private passenger type is disabled. deductible applicable to any owned "auto" for However, the labor must be performed at the place that coverage. of disablement. (3) Subject to the above limit and deductible J. LOCKSMITH SERVICES provisions, we will provide coverage equal to the broadest coverage applicable to any Section III — Physical Damage Coverage, A.4. covered "auto"you own. Coverage Extensions is amended by adding the We will pay up to $1,000, in addition to the limit following: above, for Loss Of Use of a hired auto to a We will pay up to $250 per occurrence for leasing or rental concern for a monetary loss necessary locksmith services for keys locked inside CA7450(2-22) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 2 of 5 sustained, provided it results from an "accident" are an individual, the Personal Effects of a family for which you are legally liable. member, that is in the covered auto at the time of the However, coverage does not apply to any "auto" "loss". leased, hired, rented or borrowed in your Motor For the purposes of this extension Personal Effects Carrier Operations and any "auto" that is leased, means tangible property that is worn or carried by an hired, rented or borrowed with a driver is not a insured including portable audio, visual, or electronic covered "auto". devices. Personal Effects does not include tools, N. AUTO LOAN/LEASE GAP COVERAGE jewelry, guns, money and securities, or musical instruments. Section III — Physical Damage Coverage Q. EXTRA EXPENSE FOR STOLEN AUTO Paragraph A.4. Coverage Extensions is amended by the addition of the following: Section III — Physical Damage Coverage, A.4. Autos of the private passenger, light or medium Coverage Extensions is amended by adding the trucks that are loaned or leased for a period of six following: months or longer and which have been provided We will pay up to $1,000 for the expense incurred Physical Damage Coverage is a covered "auto" returning a stolen covered "auto" to you because of under this Policy for which a premium charge has the total theft of such covered "auto". Coverage been made for Comprehensive, Specified Cause of applies only to those covered "autos" for which you Loss, or Collision Coverage. We will pay any carry Comprehensive or Specified Causes Of Loss unpaid amount due up to a limit of $10,000 on the Coverage. lease or loan for a covered "auto", including up to a R. RENTAL REIMBURSEMENT EXPENSES maximum of $500 for early termination fees or Section III — Physical Damage Coverage, A.4. penalties, on the lease or loan for a covered "auto", Coverage Extensions is amended by adding the less: following: 1. The amount paid under the Policy's Physical 1. This coverage applies only to a covered "auto"for Damage Coverage; and which Physical Damage Coverage is provided 2. Any: on this Policy. a. Overdue or any deferred lease/loan 2. We will pay for Rental Reimbursement payments at the time of the "loss"; Expenses incurred by you for the rental of an penalties imposed under a lease auto because of loss to a covered "auto". b. Financial p p Payment applies in addition to the otherwise for excessive use, abnormal wear and tear applicable amount of each coverage you have on or high mileage; a covered "auto". No deductibles apply to this c. Security deposits not returned by the coverage. lessor; 3. We will pay only for those expenses incurred d. Costs for extended warranties, Credit Life during the Policy period beginning 24 hours Insurance, Health, Accident or Disability after the "loss" and ending, regardless of the Insurance purchased with the loan or lease; Policy's expiration, with the lesser of the and following number of days e. Carry-over balances from previous loans or a. The number of days reasonably required to leases. repair or replace the covered "auto". If "loss" is The insurance provided by this Auto Loan/Lease caused by theft, this number of days is added Gap Coverage is excess over any other collectible to the number of days it takes to locate the insurance including but not limited to any coverage covered "auto" and return it to you; or provided by or purchased from the lessor or any b. 30 days. financial institution. 4. Our payment is limited to the lesser of the O. PERSONAL PROPERTY OF OTHERS following amounts: Section III — Physical Damage Coverage, A.4. a. Necessary and actual expenses incurred; Coverage Extensions is amended by adding the or following: b. $75 per day, subject to a $2,250 limit. We will pay up to $500 for loss to Personal 5. This coverage does not apply while there are Property Of Others in or on your covered "auto" in spare or reserve "autos" available to you for the event of a covered "auto" loss. your operations. No deductibles apply to this coverage. 6. If"loss" results from the total theft of a covered P. PERSONAL EFFECTS COVERAGE "auto" of the private passenger type, we will Section III — Physical Damage Coverage, A.4. pay under this coverage only that amount of Coverage Extensions is amended by adding the your Rental Reimbursement Expenses which following: is not already provided for under the Physical We will pay up to $500 for "loss" to your Personal Damage — Transportation Expense Effects not otherwise covered in the Policy or, if you CA7450(2-22) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 3 of 5 Coverage Extension included in this 2. Regardless of the number of covered "autos" endorsement. damaged or stolen the maximum deductible 7. Coverage provided by this extension is excess applicable for all"loss" in any one event caused by: over any other collectible insurance and/or a. Theft or Mischief or Vandalism; or endorsement to this Policy. b. All Perils S. VEHICLE WRAPS COVERAGE c. Collision Section III — Physical Damage Coverage, A.4. Will be equal to two times the highest deductible Coverage Extensions is amended by adding the applicable to any one covered "auto" on the Policy for following: Comprehensive, Specified Causes of Loss or 1. This coverage applies only to a covered "auto" Collision Coverage. The application of the highest for which Physical Damage Coverage is deductible used to calculate the maximum deductible provided on this Policy. will be made regardless of which covered "autos" 2. Vehicle wraps that are damaged are covered at were damaged or stolen in the"loss". the lessor of replacement cost or the original W. FULL GLASS COVERAGE purchase cost of the vehicle wrap, whichever is Section III — Physical Damage Coverage, D. less, up to$2,000. Deductible is amended by the addition of the This coverage does not apply to wear and tear. following: T. AIRBAG COVERAGE If the Comprehensive Coverage applies to the Section III — Physical Damage Coverage, B.3.a. covered "autos", no Comprehensive Coverage Exclusions is amended by adding the following: Deductible applies to the cost of repairing or replacing damaged glass on the covered"auto(s)". If you have purchased Comprehensive or Collision X. PHYSICAL DAMAGE DEDUCTIBLE — VEHICLE Coverage under this Policy, the exclusion relating to TRACKING SYSTEM mechanical breakdown does not apply to the accidental discharge of an airbag. Section III — Physical Damage D. Deductible is U. NEW VEHICLE REPLACEMENT COST amended by adding the following: The following is added to Paragraph C. Limit Of Comprehensive Coverage Deductible shown in the Insurance of Section III — Physical Damage Declaration will be reduced by 50% for any "loss" Coverage caused by theft of the vehicle when equipped with a In the event of a total "loss" to a covered "auto" you vehicle tracking device such as a radio tracking own of the private passenger type or vehicle having a device or a global positioning device and that gross vehicle weight of 20,000 pounds or less, to device was the method of recovery of the vehicle. which this coverage applies, we will pay to replace Y. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, such covered "auto", minus any applicable deductible SUIT,OR LOSS shown in the Declarations, at your option: Section IV — Business Auto Conditions, A.2. a. The verifiable new vehicle purchase price you Duties In The Event Of Accident, Claim, Suit Or paid for your damaged vehicle, not including any Loss is amended by adding the following: insurance or warranties. Your obligation to notify us promptly of an "accident", b. The purchase price, as negotiated by us, of a claim, "suit" or "loss" is satisfied if you send us the new vehicle of the same make, model, and required notice as soon as practicable after your equipment, or most similar model available, not Insurance Administrator or anyone else designated by including any furnishings, parts, or equipment not you to be responsible for insurance matters is notified, installed by the manufacturer or their dealership. or in any manner made aware, of an "accident', claim, "suit'or"loss". c. The market value of your damaged vehicle, not Z. WAIVER OF TRANSFER OF RIGHTS OF including any furnishings, parts, or equipment not RECOVERY installed by the manufacturer or their dealership. We will not pay for initiation or set up costs associated Subparagraph 5. of Paragraph A. Loss Conditions with a loans or leases. of Section IV — Business Auto Conditions is deleted in its entirety and replaced with the following. For the purposes of this coverage extension a new Transfer Of Rights Of Recovery Against Others covered auto is defined as an auto of which you are To Us the original owner that has not been previously titled which you purchased less than 180 days prior to the If any person or organization to or for whom we date of loss. make payment under this Coverage Form has V. LOSS TO TWO OR MORE COVERED AUTOS rights to recover damages from another, those FROM ONE ACCIDENT rights are transferred to us. That person or organization must do everything necessary to Section III — Physical Damage Coverage, D. secure our rights and must do nothing after Deductible Subparagraph 2. is replaced by the "accident' or 'loss" to impair them. However, we following: waive any right of recovery we may have against any person, or organization with whom you have a CA7450(2-22) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 4 of 5 written contract, agreement or permit executed AB. UNINTENTIONAL FAILURE TO DISCLOSE prior to the "loss"that requires a waiver of recovery EXPOSURES for payments made for damages arising out of your Section IV — Business Auto Conditions, B.2. operations done under contract with such person or Concealment, Misrepresentation, Or Fraud is organization. amended by adding the following: AA. PRIMARY AND NONCONTRIBUTORY — OTHER If you unintentionally fail to disclose any exposures INSURANCE CONDITION existing at the inception date of this Policy, we will not Section IV — Business Auto Conditions, B. deny coverage under this Coverage Form solely General Conditions, 5. Other Insurance c. is because of such failure to disclose. However, this replaced by the following: provision does not affect our right to collect additional This Coverage Form's Covered Autos Liability premium or exercise our right of cancellation or non- Coverage is primary to and will not seek contribution renewal. from any other insurance available to an "insured,, AC. MENTAL ANGUISH under your Policy provided that: Section V — Definitions, C. is replaced by the 1. Such "insured" is a Named Insured under such following: other insurance; and "Bodily injury' means bodily injury, sickness or 2. You have agreed in writing in a contract or disease sustained by a person, including mental agreement that this insurance would be primary anguish or death resulting from bodily injury, sickness and would not seek contribution from any other or disease. insurance available to such "insured". AD. LIBERALIZATION However, coverage does not apply to any "auto" If we revise this endorsement to provide greater leased, hired, rented or borrowed in your Motor coverage without additional premium charge, we will Carrier Operations and any "auto" that is leased, automatically provide the additional coverage to all hired, rented or borrowed with a driver is not a endorsement holders as of the day the revision is covered "auto". effective in your state. CA7450(2-22) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 5 of 5 This page has been left blank intentionally. 6D27614 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ELITE EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include the following clarifications and extensions of coverage. The provisions of the Coverage Form apply unless modified by endorsement. A. EXPECTED OR INTENDED INJURY The aggregate limit listed above is the most we will Section I — Coverage A, Exclusion a. is amended pay for all damages because of "property damage" as follows: to property in the care custody and control of or property loaned to an insured during the policy a. "Bodily injury" or "property damage" expected period. or intended from the standpoint of an insured. This exclusion does not apply to "bodily injury" Any payment we make for damages because of or "property damage" resulting from the use of "property damage" to property in the care, custody reasonable force to protect persons or property. and control of or property loaned to an insured will apply against the General Aggregate Limit shown in B. NON-OWNED WATERCRAFT the declarations. Section I — Coverage A, Exclusion g.(2) is b. Our obligation to pay damages on your behalf amended as follows: applies only to the amount of damages in (2) A watercraft you do not own that is: excess of the deductible amount listed above. (a) Less than 60 feet long; and We may pay any part or all of the deductible amount listed above. We may pay any part or (b) Not being used to carry person(s) or all of the deductible amount to effect settlement property for a charge; of any claim or "suit" and upon notification by C. EXTENDED PROPERTY DAMAGE COVERAGE us, you will promptly reimburse us for that part Section I — Coverage A, Exclusions j.(3) and (4) is of the deductible we paid. amended to add the following: c. If two or more coverages apply under one Paragraphs (3) and (4) of this exclusion do not "occurrence", only the highest per claim apply to tools or equipment loaned to you, provided deductible applicable to these coverages will they are not being used to perform operations at apply. the time of loss. d. Insurance provided by this provision is excess over any other insurance, whether primary, SCHEDULE excess, contingent or any other basis. Since Limits Of Insurance Deductible insurance provided by this endorsement is excess, we will have no duty to defend any $5,000 Each Occurrence $250 Per Claim claim or "suit" to which insurance provided by $10,000 Annual Aggregate this endorsement applies if any other insurer has a duty to defend such a claim or "suit". If a. The each occurrence limit listed above is the no other insurer defends, we will undertake to most we will pay for all damages because of do so, but we will be entitled to the insured's "property damage" to property in the care, rights against all those other insurers. custody and control of or property loaned to an D. PROPERTY DAMAGE— ELEVATORS insured as the result of any one "occurrence", regardless of the number of: Section I— Coverage A.2. Exclusions paragraphs (1) insureds; j.(3), j.(4), j.(6) and k. do not apply to use of elevators. This insurance afforded by this provision (2) claims made or"suits" brought; is excess over any valid and collectible property (3) persons or organizations making claims or insurance (including any deductible) available to bringing "suits". the insured and Section IV— Commercial General Liability Conditions Paragraph 4. Other Insurance is changed accordingly. CG7578(2-19) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 1 of 6 E. FIRE, LIGHTNING OR EXPLOSION DAMAGE a. Currently in effect or becomes effective Except where it is used in the term "hostile fire", the during the policy period; and word fire includes fire, lightning or explosion wherever b. Executed prior to an "occurrence" or it appears in the Coverage Form. offense to which this insurance would Under Section I — Coverage A, the last paragraph apply. (after the exclusions)is replaced with the following: However, the insurance afforded to such Exclusions c. through n. do not apply to damage by additional insured: fire, smoke or leakage from automatic fire protection a. Only applies to the extent permitted by law; systems to premises while rented to you or and temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this b. Will not be broader than that which you are coverage as described in Section III — Limits of required by the contract or agreement to provide for such additional insured; and Insurance. F. MEDICAL PAYMENTS c. Applies only if the person or organization is not specifically named as an additional If Section I — Coverage C. Medical Payments insured under any other provision of, or Coverage is not otherwise excluded from this endorsement added to, Section II — Who Coverage Form: Is An Insured of this policy. The requirement, in the Insuring Agreement of 2. As provided herein, the insurance coverage Coverage C., that expenses must be incurred and provided to such additional insureds is limited reported to us within one year of the accident date is to: changed to three years. G. SUPPLEMENTARY PAYMENTS a. Any Controlling Interest, but only with respect to their liability arising out of their Supplementary Payments — Coverages A and B financial control of you; or premises they Paragraphs 1.b. and 1.d. are replaced by the own, maintain, or control while you lease or following: occupy these premises. 1.b.Up to $5,000 for cost of bail bonds required This insurance does not apply to structural because of accidents or traffic law violations alterations, new construction and arising out of the use of any vehicle to which the demolition operations performed by or for Bodily Injury Liability Coverage applies. We do that person or organization. not have to furnish these bonds. b. Any architect, engineer, or surveyor 1.d.All reasonable expenses incurred by the insured engaged by you but only with respect to at our request to assist us in the investigation or liability for "bodily injury", "property defense of the claim or "suit", including actual damage" or "personal and advertising loss of earnings up to $500 a day because of injury" caused, in whole or in part, by your time off from work. acts or omissions or the acts or omissions H. SUBSIDIARIES AS INSUREDS of those acting on your behalf: Section II —Who Is An Insured is amended to add (1) In connection with your premises; or the following: (2) In the performance of your ongoing 1J. Any legally incorporated subsidiary in which you operations. own more than 50% of the voting stock on the With respect to the insurance afforded to effective date of this policy. However, insured these additional insureds, the following does not include any subsidiary that is an insured additional exclusion applies: under any other general liability policy, or would This insurance does not apply to "bodily have been an insured under such a policy but for injury", "property damage" or"personal and termination of that policy or the exhaustion of that advertising injury" arising out of the policy's limits of liability. rendering of or the failure to render any I. BLANKET ADDITIONAL INSUREDS — AS professional services by or for you, REQUIRED BY CONTRACT including: 1. Section II — Who Is An Insured is amended to (1) The preparing, approving, or failing to include as an additional insured any person(s) or prepare or approve, maps, shop organization(s) subject to provisions in Paragraph drawings, opinions, reports, surveys, 2. below, (hereinafter referred to as additional field orders, change orders or drawings insured) when you and such person(s) or and specifications; or organization(s) have agreed in a written contract 2 or written agreement that such person(s) or ( ) Supervisory,y, inspection, architectural or organization(s) be added as an additional insured engineering activities. on your policy provided that the written contract or agreement is: CG7578(2-19) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 2 of 6 This exclusion applies even if the claims This insurance does not apply to: against any insured allege negligence or (a) "Bodily injury', "property damage" or other wrongdoing in the supervision, hiring, "personal and advertising injury" employment, training or monitoring of arising out of operations performed others by that insured, if the "occurrence" for the federal government, state or which caused the "bodily injury" or municipality; or "property damage", or the offense which caused the "personal and advertising (b) "Bodily injury' or "property damage" injury", involved the rendering of or the included within the "products- failure to render any professional services completed operations hazard". by or for you. e. Any vendor, but only with respect to "bodily c. Any manager or lessor of a premises injury" or "property damage" arising out of leased to you, but only with respect to "your products" which are distributed or sold liability arising out of the ownership, in the regular course of the vendor's maintenance or use of that part of a business. premises leased to you, subject to the With respect to the insurance afforded to following additional exclusions: these vendors, the following additional This insurance does not apply to: exclusions apply: (1) Any "occurrence" which takes place (1) The insurance afforded any vendor does after you cease to be a tenant in that not apply to: premises. (a) "Bodily injury' or "property damage" (2) Structural alterations, new construction for which any vendor is obligated to or demolition operations performed by pay damages by reason of the or on behalf of such additional insured. assumption of liability in a contract or d. Any state or governmental agency or agreement. This exclusion does not subdivision or political subdivision, subject to apply to liability for damages that any the following: vendor would have in the absence of the contract or agreement; (1) This insurance applies only with respect (b) Any express warranty unauthorized to the following hazards for which any by you; state or governmental agency or subdivision or political subdivision has (c) Any physical or chemical change in issued a permit or authorization in the product made intentionally by connection with premises you own, rent any vendor; or control and to which this insurance (d) Repackaging, except when applies: unpacked solely for the purpose of (a) The existence, maintenance, repair, inspection, demonstration, testing, construction, erection or removal of or the substitution of parts under advertising signs, awnings, instructions from the manufacturer, canopies, cellar entrances, coal and then repackaged in the original holes, driveways, manholes, container; marquees, hoist away openings, (e) Any failure to make such sidewalk vaults, street banners or inspections, adjustments, tests or decorations and similar exposures; servicing as any vendor has or agreed to make or normally (b) The construction, erection or undertakes to make in the usual removal of elevators; or course of business, in connection (c) The ownership, maintenance or use with the distribution or sale of the of any elevators covered by this products; insurance. (f) Demonstration, installation, (2) This insurance applies only with respect servicing or repair operations, to operations performed by you or on except such operations performed your behalf for which any state or at any vendors premises in governmental agency or subdivision or connection with the sale of the political subdivision has issued a permit product; or authorization. (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for any vendor; or CG7578(2-19) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 3 of 6 (h) "Bodily injury" or "property A person's or organization's status as an damage" arising out of the sole additional insured under this endorsement negligence of any vendor for its ends when their contract or agreement with own acts or omissions or those of you for such leased equipment ends. its employees or anyone else With respect to the insurance afforded to acting on its behalf. However, this these additional insureds, this insurance exclusion does not apply to: does not apply to any "occurrence" which (1) The exceptions contained in takes place after the equipment lease Subparagraphs (d) or(f); or expires. (!I) Such inspections, adjustments, i. Any Owners, Lessees, or Contractors for tests or servicing as any whom you are performing operations, but vendor has agreed to make or only with respect to liability for "bodily normally undertakes to make in injury", "property damage" or"personal and the usual course of business, advertising injury" caused, in whole or in in connection with the part, by: distribution or sale of the (1) Your acts or omissions; or products. (2) This insurance does not apply to any (2) The acts omissions of those acting insured person or organization, from on your behalf; whom you have acquired such in the performance of your ongoing products, or any ingredient, part or operations for the additional insured. container, entering into, accompanying A person's or organization's status as an or containing such products. additional insured under this endorsement f. Any Mortgagee, Assignee Or Receiver, but ends when your operations for that only with respect to their liability as additional insured are completed. mortgagee, assignee, or receiver and With respect to the insurance afforded to arising out of the ownership, maintenance, these additional insureds, the following or use of the premises by you. additional exclusions apply: This insurance does not apply to structural This insurance does not apply to: alterations, new construction and demolition operations performed by or for (1) "Bodily injury", "property damage" or that person or organization. "personal and advertising injury" arising g. Any Owners Or Other Interests From out of the rendering of, or the failure to Whom Land Has Been Leased, but only render, any professional architectural, with respect to liability arising out of the engineering or surveying services, ownership, maintenance or use of that part including: of the land leased to you. (a) The preparing, approving, or failing With respect to the insurance afforded to to prepare or approve, maps, shop drawings, opinions, reports, surveys, these additional insureds, the following field orders, change orders or additional exclusions apply: drawings and specifications; or (1) This insurance does not apply to: (b) Supervisory, inspection, architectural (a) Any "occurrence" which takes or engineering activities. place after you cease to lease that This exclusion applies even if the claims land; or against any insured allege negligence or (b) Structural alterations, new other wrongdoing in the supervision, hiring, construction or demolition employment, training or monitoring of operations performed by or on others by that insured, if the "occurrence" behalf of such additional insured. which caused the "bodily injury" or h. Any person or organization from whom you "property damage", or the offense which lease equipment, but only with respect to caused the personal and advertising liability for "bodily injury", "property injury", involved the rendering of or the damage" or "personal and advertising failure to render any professional injury" caused, in whole or in part by your architectural, engineering or surveying maintenance, operation or use of services. equipment leased to you by such person(s) (2) "Bodily injury" or "property damage" or organization(s). occurring after: CG7578(2-19) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 4 of 6 (a) All work, including materials, parts This endorsement shall not increase the or equipment furnished in applicable Limits of Insurance shown in the connection with such work, on the Declarations. project (other than service, J. COVERAGE FOR INJURY TO CO-EMPLOYEES maintenance or repairs) to be AND/OR YOUR OTHER VOLUNTEER WORKERS performed by or on behalf of the additional insured(s) at the location Section II—Who is an Insured, Paragraph 2.a. (1) is of the covered operations has been amended to add the following: completed; or e. Paragraphs (a), (b), and (c) do not apply to your (b) That portion of "your work" out of "employees" or "volunteer workers" with respect which the injury or damage arises to "bodily injury' to a co-"employee" or other has been put to its intended use by "volunteer worker". any person or organization other Damages owed to an injured co-"employee" or than another contractor or "volunteer worker" will be reduced by any subcontractor engaged in amount paid or available to the injured co- performing operations for a "employee" or "volunteer worker" under any principal as a part of the same other valid and collectible insurance. project. K. HEALTH CARE SERVICE PROFESSIONALS AS j. Any Grantor of Licenses to you, but only INSUREDS-INCIDENTAL MALPRACTICE with respect to their liability as grantor of Section II — Who is an Insured, Paragraph 2.a. (1) licenses to you. (d)is amended as follows: Their status as additional insured under This provision does not apply to Nurses, Emergency this endorsement ends when: Medical Technicians, or Paramedics who provide 1. The license granted to you by such professional health care services on your behalf. person(s)or organization(s) expires; or However this exception does not apply if you are in 2. Your license is terminated or revoked the business or occupation of providing any such by such person(s) or organization(s) professional services. prior to expiration of the license as L. NEWLY FORMED OR ACQUIRED stipulated by the contract or ORGANIZATIONS agreement. Section II — Who Is An Insured, Paragraph 3.a. is k. Any Grantor of Franchise, but only with respect to their liability as grantor of a replaced by the following: franchise to you. 3.a. Coverage under this provision is afforded until I. Any Co-owner of Insured Premises, but the end of the policy period. only with respect to their liability as co- This provision does not apply if newly formed or owner of any insured premises. acquired organizations coverage is excluded either by m. Any Concessionaires Trading Under Your the provisions of the Coverage Form or by Name, but only with respect to their liability endorsements. as a concessionaire trading under your M. DAMAGE TO PREMISES RENTED TO YOU name. Section III — Limits of Insurance, Paragraph 6. is 3. Any insurance provided to any additional replaced by the following: insured does not apply to "bodily injury", Subject to 5.a. above, the Damage To Premises "property damage" or "personal and advertising Rented To You Limit, or $500,000, whichever is injury" arising out of the sole negligence or higher, is the most we will pay under Coverage A for willful misconduct of the additional insured or its damages because of "property damage" to any one agents, "employees" or any other premises, while rented to you, or in the case of representative of the additional insured. damage by fire, smoke or leakage from automatic 4. With respect to the insurance afforded to these protection systems, while rented to you or temporarily additional insureds, the following is added to occupied by you with permission of the owner. Section III— Limits of Insurance: N. MEDICAL PAYMENTS—INCREASED LIMITS If coverage provided to any additional insured Section III — Limits of Insurance, Paragraph 7. is is required by a contract or agreement, the replaced by the following: most we will pay on behalf of the additional 7. Subject to Paragraph 5. above, $10,000 is the insured is the amount of insurance: Medical Expense Limit we will pay under a. Required by the contract or agreement; or Coverage C for all medical expenses because of b. Available under the applicable Limits of "bodily injury" sustained by any one person, Insurance shown in the Declarations; unless the amount shown on the Declarations of whichever is less. this Coverage Part for Medical Expense Limit states: CG7578(2-19) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 5 of 6 (a) No Coverage; or Q. UNINTENTIONAL FAILURE TO DISCLOSE (b) $1,000; or EXPOSURES (c) $5,000; or Section IV — Commercial General Liability Conditions Paragraph 6. Representations is (d) A limit higher than$10,000. amended to add the following: O. DUTIES IN THE EVENT OF OCCURRENCE, If you unintentionally fail to disclose any exposures OFFENSE,CLAIM OR SUIT existing at the inception date of your policy, we will not Section IV — Commercial General Liability deny coverage under the Coverage Form solely Conditions Paragraph 2. is amended to add the because of such failure to disclose. However, this following: provision does not affect our right to collect additional e. The requirement in Condition 2.a. that you must premium or exercise our right of cancellation or non- see to it that we are notified as soon as renewal. practicable of an "occurrence" or an offense This provision does not apply to any known injury which may result in a claim, applies only when the or damage which is excluded under any other "occurrence"or offense is known to: provision of this policy. (1) You, if you are an individual or a limited R. WAIVER OF TRANSFER OF RIGHTS OF liability company; RECOVERY AGAINST OTHERS TO US (2) A partner, if you are a partnership; Section IV — Commercial General Liability (3) A member or manager, if you are a limited Condition Paragraph 8. Transfer Of Rights Of liability company; Recovery Against Others To Us is amended to (4) An "executive officer" or insurance manager, add the following: if you are a corporation; or We waive any right of recovery we may have against any person or organization because of (5) A trustee, if you are a trust. payments we make for injury or damage arising out f. The requirement in Condition 2.b. that you must of: see to it that we receive notice of a claim or"suit" 1. Your ongoing operations; or as soon as practicable will not be considered breached unless the breach occurs after such 2. "Your work" included in the "products- claim or"suit" is known to: completed operations hazard". (1) You, if you are an individual or a limited However, this waiver applies only when you have liability company; agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or (2) A partner, if you are a partnership; agreement: (3) A member or manager, if you are a limited 1. Is in effect or becomes effective during the term liability company; of this policy; and (4) An "executive officer" or insurance manager, 2. Was executed prior to loss. if you are a corporation; or S. MENTAL ANGUISH (5) A trustee, if you are a trust. Section V—Definition 3. is replaced by the following: P. PRIMARY AND NONCONTRIBUTORY — ADDITIONAL INSURED EXTENSION "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental Section IV — Commercial General Liability anguish or death resulting from bodily injury, Conditions Paragraph 4. Other Insurance is sickness or disease. amended to add the following: T. LIBERALIZATION This insurance is primary to and will not seek contribution from any other insurance available to an If we revise this endorsement to provide greater coverage without additional premium charge, we additional insured under your policy provided that: will automatically provide the additional coverage to (1) The additional insured is a Named Insured under all endorsement holders as of the day the revision such other insurance; and is effective in your state. (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. However, if the additional insured has been added as an additional insured on other policies, whether primary, excess, contingent or on any other basis, this insurance is excess over any other insurance regardless of the written agreement between you and an additional insured. CG7578(2-19) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 6 of 6 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PETROLEUM MARKETERS INDUSTRY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include the following clarifications and extensions of coverage. The provisions of the coverage form apply unless modified by this endorsement. SECTION I — COVERAGE A BODILY INJURY AND within the scope of their employment by you or PROPERTY DAMAGE Paragraph 2. Exclusions is while performing duties related to the conduct amended as follows: of your business. However, no "employee" or Paragraph g. Aircraft, Auto or Watercraft does not "volunteer worker" is an insured for: apply to "bodily injury" or "property damage" arising out (1) "Bodily injury" or "personal or advertising of: injury" arising out of his or her providing or 1. The delivery of any liquid product into a wrong failing to provide professional health care receptacle or to a wrong address; or services; or 2. The erroneous delivery of one liquid product for (2) "Property damage"to property; another by an "auto", (a) Owned, occupied or used by; or if the "bodily injury" or "property damage" occurs (b) Rented to, in the care, custody or after such operations have been completed or control of, or over which physical abandoned at the site of such delivery. control is being exercised for any Operations which may require further service, purpose by maintenance, correction, repair or replacement you, any of your "employees", "volunteer because of performance at the wrong address or workers", any partner or member(if you are because of any error, defect or deficiency, but a partnership or joint venture), or any which are otherwise completed, will be deemed member (if you are a limited liability completed. company). SECTION I—COVERAGE C—MEDICAL PAYMENTS SECTION III— LIMITS OF INSURANCE is amended as is amended as follows: follows: Paragraph 2. Exclusions, subparagraph g. is amended 1. The General Aggregate Limits under SECTION III— as follows: LIMITS OF INSURANCE applies separately to 2. Exclusions each of your"locations" owned by or rented to you. We will not pay expenses for"bodily injury"; "Location" means premises involving the same or g. Excluded under Coverage A. connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or However, this exclusion will not apply to right-of-way of a railroad. subparagraph (a) of Exclusion f.(1) of 2 The Medical Payments Limits is $10,000 or the Coverage A. to "bodily injury" arising out of Limit shown on the Declarations, whichever is your customer dispensing a petroleum product higher. from a petroleum product pump on your premises. SECTION IV — COMMERCIAL GENERAL LIABILITY SECTION II — WHO IS AN INSURED is amended as CONDITIONS is amended as follows: follows: Paragraph 2. Duties in the Event of Occurrence, Paragraph 2.a. is deleted in its entirety and replaced by Offense, Claim or Suit, is amended by adding the the following: following: 2. Each of the following is also an insured: e. Your obligation to notify us promptly of an "occurrence" or offense which may result in a claim a. Your "volunteer workers" only while performing or a "suit' is satisfied if you provide us with the duties related to the conduct of your business required notice as soon as practicable after anyone or your "employees", other than either your designated by you to be responsible for insurance "executive officers" (if you are an organization matters is notified, or in any manner made aware, other than a partnership, joint venture or limited of an "occurrence", offense, claim or"suit'. liability company) or your managers (if you are a limited liability company), but only for acts CG7610(7-14) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 1 of 3 AUTOMATIC FILL is added as follows: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, This insurance applies to "bodily injury" or "property opinions, reports, surveys, field orders, damage" arising out of your failure or omission to keep change orders or drawings and a person or organization supplied with gasoline, fuel oil specifications; or or liquefied petroleum gas in accordance with an agreement by you to do so, subject to the following b. Supervisory, inspection, architectural or additional provisions: engineering activities. This insurance does not apply to "bodily injury" or This exclusion applies even if the claims "property damage" resulting from: against any insured allege negligence or other wrongdoing in the supervision, hiring, 1. Your inability to furnish gasoline, fuel oil or liquefied employment, training or monitoring of others by petroleum gas quantities sufficient to satisfy the that insured, if the "occurrence" which caused demand or need therefore due to curtailment of the "bodily injury" or "property damage", or the supplies of such products available to you, or offense which caused the "personal and 2. Your intentional failure or omission to furnish any advertising injury", involved the rendering of, or quantity of gasoline, fuel oil or liquefied petroleum the failure to render, any professional gas to any person or organization in accordance architectural, engineering or surveying with an agreement to do so, if the intentional failure services. or omission results from a program instituted by 2. Unless the written contract, agreement or you for the reduction or redistribution of supplies of permit has been executed prior to the "bodily gasoline, fuel oil or liquefied petroleum gas. injury", "property damage" or "personal and ADDITIONAL INSURED AUTOMATIC STATUS advertising injury"; WHEN REQUIRED IN WRITTEN AGREEMENT WITH 3. To any person or organization included as an YOU is added as follows: insured under Section II—Who Is An Insured, A. Section II — Who Is An Insured is amended to Paragraph 3.; include as an additional insured any person or 4. To any person or organization included as an organization with whom you have agreed, because insured by any other endorsement by us and of a written agreement, written contract or permit, made part of this coverage form; that such person or organization is an additional insured but only with respect to liability for "bodily 5. To any lessor of equipment: injury", "property damage" or "personal and a. If the "occurrence" takes place after the advertising injury" caused, in whole or in part, by equipment lease expires; or your acts or omissions or the acts or omissions of b. If the "bodily injury", "property damage" or those acting on your behalf in the performance of "personal and advertising injury" arises out your ongoing operations, "your work" or facilities of the sole negligence of the lessor. owned or used by you. 6. To any: However, the insurance afforded to such additional insured described above: a. Owners or other interests from whom land 1. Only applies to the extent permitted by law; and has been leased; or 2. Will not be broader than that which you are b. Managers or lessors of premises, if required by the contract, agreement or permit (1) The "occurrence" takes place after you to provide for such additional insured. cease to be a tenant in that premises; A person's or organization's status as an additional or insured under this endorsement ends on the (2) The "bodily injury", "property damage" expiration date of your contract, agreement or or "personal and advertising injury" permit, or the expiration date of this coverage form, arises out of structural alterations, new whichever is sooner. construction or demolition operations B. With respect to the insurance afforded to these performed by or on behalf of the manager or lessor. additional insureds, the following additional exclusions apply: C. With respect to the insurance afforded to these additional insureds, the following is added to This insurance does not apply: Section III - Limits of Insurance: 1. To "bodily injury", "property damage" or The most we will pay on behalf of the additional "personal and advertising injury" arising out of insured is the amount of insurance: the rendering of, or the failure to render, any professional architectural, engineering or 1. Required by the contract, agreement or permit surveying services, including: described in Paragraph A.; or CG7610(7-14) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 2 of 3 2. Available under the applicable Limits of E. All other terms and conditions of this policy remain Insurance shown in the Declarations; unchanged. whichever is less. LIBERALIZATION is added as follows: This endorsement shall not increase the applicable If we revise this endorsement to provide greater Limits of Insurance shown in the Declarations. coverage without additional premium charge, we will D. The following is added to the Other Insurance automatically provide the additional coverage to all Condition and supersedes any provision to the endorsement holders as of the date the revision is contrary: effective in your state. Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG7610(7-14) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 3 of 3 This page has been left blank intentionally. 6D27614 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION CONTRACT OR AGREEMENT INCLUDING COMPLETED OPERATIONS - PRIMARY AND NONCONTRIBUTORY This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Section II — Who Is An Insured is amended to surveys, field orders, change orders or drawings include as an additional insured: and specifications; or 1. Any person or organization for whom you are b. Supervisory, inspection, architectural or performing operations when you and such engineering activities. person or organization have agreed in writing in This exclusion applies even if the claims against a contract or agreement that such person or any insured allege negligence or other wrongdoing organization be added as an additional insured in the supervision, hiring, employment, training or or your policy; and monitoring of others by the insured, if the 2. Any other person or organization you are "occurrence" which caused the "bodily injury" or required to add as an additional insured under "property damage", or the offense which caused the the contract or agreement described in "personal and advertlsing injury", involved the Paragraph 1. above. rendering of, or the failure to render, any Such person(s) or organization(s) is an additional professional architectural, engineering or surveying insured only with respect to liability for "bodily services. injury", "property damage" or "personal and C. With respect to the insurance afforded to these advertising injury" caused, in whole or in part, by: additional Insureds, the following is added to a. Your acts or omissions; or Section III— Limits Of Insurance: b. The acts or omissions of those acting on The most we will pay on behalf of the additional your behalf; insured is the amount of insurance: in the performance of. 1. Required by the contract or agreement a. your ongoing operations for the additional described in Paragraph A.1.; or insured; or 2. Available under the applicable Limits of b. "Your work" for the additional insured and Insurance shown in the Declarations; included in the "products — completed whichever is less. operations hazard". This endorsement shall not increase the applicable However, the insurance afforded to such additional Limits of Insurance shown in the Declarations. insured described above: D. The following is added to the Other Insurance a. Only applies to the extent permitted by law; Condition and supersedes any provision to the and contrary: b. Will not be broader than that which you are Primary and Noncontributory Insurance required by the contract or agreement to This insurance is primary to and will not seek provide for such additional insured. contribution from any other insurance available to B. With respect to the insurance afforded to these an additional insured under your policy provided additional insureds, the following additional that: exclusion applies: (1) The additional insured is a Named Insured This insurance does not apply to "bodily injury," under such other insurance; and "property damage" and "personal and advertising (2) You have agreed in writing in a contract or injury" arising out of the rendering of, or the failure agreement that this insurance would be primary to render, any professional architectural, and would not seek contribution from any other engineering or surveying services including: insurance available to the additional insured. a. The preparing, approving, or failing to prepare E. All other terms and conditions of this policy remain or approve maps, shop drawings, opinions, reports, unchanged. CG7174.3(10-13) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 1 of 1 This page has been left blank intentionally. Signature: Lon I*aan Signature: Lori Hogan(Nov ,202310:14 PST) Email: Ihogan@kentwa.gov Email: rlashley@kentwa.gov Signature: Juli arascondola(Nov 8,202313:20 PST) Email: jparascondola@kentwa.gov RCOM_PacificEgiupment_FitnessEquipmentPur chase_110723 Final Audit Report 2023-11-08 Created: 2023-11-07 By: KateLynn Jennings(kjennings@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAABGD-p3cHEJTXUDw_YNJwA2Kk47-J1Id "ROOM_PacificEgiupment_FitnessEquipmentPurchase_110723" History E Document created by KateLynn Jennings (kjennings@kentwa.gov) 2023-11-07-6:08:20 PM GMT-IP address: 146.129.252.126 Document emailed to Ihogan@kentwa.gov for signature 2023-11-07-6:11:23 PM GMT E Email viewed by Ihogan@kentwa.gov 2023-11-07-6:14:02 PM GMT-IP address: 104.47.64.254 a Signer Ihogan@kentwa.gov entered name at signing as Lori Hogan 2023-11-07-6:14:56 PM GMT-IP address: 146.129.252.126 a Document e-signed by Lori Hogan (Ihogan@kentwa.gov) Signature Date:2023-11-07-6:14:58 PM GMT-Time Source:server-IP address: 146.129.252.126 Document emailed to Ronald Lashley (rlashley@kentwa.gov)for signature 2023-11-07-6:15:03 PM GMT Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2023-11-07-6:58:18 PM GMT-IP address: 104.47.65.254 Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date:2023-11-07-7:29:04 PM GMT-Time Source:server-IP address:73.225.29.115 P4 Document emailed to Karen Coleman (kcoleman@pac-fit.com)for signature 2023-11-07-7:29:09 PM GMT Email viewed by Karen Coleman (kcoleman@pac-fit.com) 2023-11-08-7:08:04 PM GMT-IP address: 104.47.73.254 Powered by r � Adobe T Acrobat Sign Document e-signed by Karen Coleman (kcoleman@pac-fit.com) Signature Date:2023-11-08-7:56:43 PM GMT-Time Source:server-IP address: 174.164.144.166 L. :t. Document emailed to Julie Parascondola Qparascondola@kentwa.gov)for signature 2023-11-08-7:56:49 PM GMT s Email viewed by Julie Parascondola (jarascondola@kentwa.gov) 2023-11-08-9:18:28 PM GMT-IP address:73.109.77.18 Document e-signed by Julie Parascondola Qparascondola@kentwa.gov) Signature Date:2023-11-08-9:20:17 PM GMT-Time Source:server-IP address:73.109.77.18 ® Agreement completed. 2023-11-08-9:20:17 PM GMT Powered by r � Adobe K T Acrobat Sign