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CAG2024-114 - Original - Drain-Pro, Inc. - Sanican Services at Various Locations - 03/07/2024
FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: R1 vL • For Approvals,Signatures and Records Management Di r/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: Shayla Ott Parks, Recreation & Community Services Date Sent: Date Required: c 02/09/2024 03/01/2024 a Authorized to Sign: Date of Council Approval: ait Q Mayor or Designee NA Budqet Account Number: Grant? Yes NoIZI 10006600.64510.5015 Budget? Yes E]No Type: N/A Vendor Name: Category: Drain-Pro, Inc. Contract Vendor Number: Sub-Category: 1952445 Original 0 Project Name: Sanican Services - Various Locations 3- Project Details: %4- o Vendor to provide and service sanicans at various parks in the C City of Kent. Ic Basis for Selection of Contractor: Agreement Amount: $51,239.98 Other W *Memo to Mayor must be attached _J 3- Start Date: Termination Date: 02/29/2026 Im Mayor's Signature i Q Local Business? Yes Fv—]No*If meets requirements per KCC3.70.100,please complete"VendorPurchase-Local Exceptions"form onCityspace. Business License Verification: ❑✓ YesEl In-Process 1:1 Exempt(KCC 5.01.045) FZlAuthorized Signer Verified Notice required prior to disclosure? Contract Number: Yes❑✓ No CAG2024- 114 Comments: Drain-Pro is not a DBA of Dickson Company, but rather a related entity, due to common ownership. Drain-Pro Inc. and Dickson Company are both = insured on the same general liability insurance policy, but they are both the IM Z independent corporations, and neither is owned by the other. in 3 cc J5�� 0-'4,k all oc Date Received:City Attorney: 3/6/24 Date Routed:Mayor's Offi 3/6/24 my Clerk's Office3/8/24 adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 KEN4 WASHIIGTOI GOODS & SERVICES AGREEMENT between the City of Kent and Drain-Pro, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Drain-Pro, Inc. organized under the laws of the State of Washington, located and doing business at 5111 85th Avenue E, Bldg. C, Suite 2, Puyallup, WA 98371-3222; Contact: Zack Ford; Phone: (253)926-5586 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. The Vendor shall provide the following goods and materials and/or perform the following services for the City: The vendor shall provide and service sanicans at various park in the City of Kent as outlined in Exhibit A. 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 February 29th 2026. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed FIFTY ONE THOUSAND TWO HUNDRED THIRTY NINE DOLLARS AND NINETY EIGHT CENTS ($51,239.98), 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 monthly invoices for each location via email to APinvoices@Kentwa.gov GOODS & SERVICES AGREEMENT - 1 (Over$20,000, including WSST) Card Payment Program. The Vendor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Vendor for any defective or unauthorized goods, materials or services. If the Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and the Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which the Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. GOODS & SERVICES AGREEMENT - 2 (Over$20,000, including WSST) VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, the Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Vendor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts GOODS & SERVICES AGREEMENT - 3 (Over$20,000, including WSST) or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and the Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have known of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or GOODS & SERVICES AGREEMENT - 4 (Over$20,000, including WSST) discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Vendor shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. XII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit 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: By: Zack Ford By7�D_a_-A�( _ �x Print Name: Zack Ford Print Name: Dana Ralph Its Manager Its Mayor DATE: 14/02/2024 DATE: 03/07/2024 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Zack Ford Ben Levenhagen Drain-Pro, Inc. City of Kent 5111 85th Avenue E 220 Fourth Avenue South Bldg. C, Suite 2 Kent, WA 98032 Puyallup,WA 98371-3222 (253) 255-5662 (telephone) (253) 856-5133 (telephone) ZackF@Drain-proinc.com (email) Blevenhagen@kentwa.gov (email) APPROVED AS TO FORM: Kent Law Department ATTEST: L�' ��.i1�/1,(7J(J Kent City Clerk GOODS & SERVICES AGREEMENT - 7 (Over$20,000, including WSST) DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement. The statements are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement I, the prime contractor, will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 of 5 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, EEO COMPLIANCE DOCUMENTS - 2 of 5 or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; EEO COMPLIANCE DOCUMENTS - 3 of 5 xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. By: Zack Ford For: Drain-Pro Inc. Title: Manager Date: 14/02/2024 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 City of Kent January 3, 2024 220 4th Ave S Kent WA 98012 Portable Restrooms Scope of Work: ➢ Preform cleaning service on portable restroom units. ➢ Replace toilet paper,hand sanitizer, and seat covers as needed in units. ➢ Evacuate and dispose of waste and garbage located in tank. ➢ Clean, spray and wipe down interior and exterior of units. ➢ Spray medical grade disinfectant over inside of unit. ➢ Replenish de-odorizing (Blue liquid) in tank. ➢ Remove any graffiti found on units. Make repairs on road when possible. ➢ Replenishes scent discs as needed. ➢ Sign toilet with serviced date. Long-Term: Standard Units Weekly: $124.50 per 28 days Extra Service: $85.00 Owner Units: $100.00 ADA Units Weekly: $170.00 per 28 days Owner Units: $135.00 Delivery/Pickup: $50.00 (covers both delivery and pick-up of units) Hand Sanitizer: $15.00 per pack Seat Covers: $10.00 per pack Short-Term/Special Event: Standard Units: $150.00 per unit (includes extras) ADA Units: $200.00 per unit (includes extras) Delivea/Pickup: $50.00 (covers both the delivery and pick-up of units) *Volume discounts apply for short term rentals over 10 units Terms and Exclusions: ➢ Units will be delivered as available. ➢ Price and Contract is good for two years,unless changes in material or disposal costs arise outside of Drain-Pro Control. ➢ Customer is responsible for all damages and repairs made to units. ➢ Delivery/pick up can be made within 48 hours of ordering of units. ➢ Emergency services available upon request. Submitted By: Zack Ford Zack Ford —Cell(253)255-5662 Office(253) 926-5586 Fax(253) 926-5555 Email: ZackF@drain-proinc.com Website: www.Drain-proinc.com Office:(253)926-5586 Toll Free:1-866-721-4489 1 Fax:(253)926-5555 www.drain-proinc.com I Address:5111851^Ave E Bldg C,Suite 2 Puyallup,WA 98371 00 00 00 00 00 00 00 00 00 00 00 o co .. m rI r1 � � -! -! -! -! -! rI rI o al w .-I 00 00 Il 00 00 N 00 w w O Ql O w O w .� in O w O en V .--I V Ql r 00 00 c-I 00 N 16 'V Ln M V V N 7 7 m m a Ln V 14 W L 1n N 3 Q, Q, Ql Ql Ql Ol Ol Ol Ol Q, Ql m m x Yo 0 0 0 0 0 0 0 0 0 0 0 _ 0 CT) CT) m 0i of of of of CT) CT) v Flo 0 0 0 0 0 0 0 0 0 0 .6 N y Q1 T Ol Ql T Ql Ol Ol Ql 01 T Q = U r O O O O O O O O O O O O O vYi m O In 0 0 U. 0 0 0 0 0 0 0 0 O a'' l0 Ln Ln V In In I, CD V V O O U n n m m I- m n � N m I, O N D O1 N N c-I N ul h 0 V lD V lD •6 c-I c-I c-I c-I c-I c-I c-I c-I N l!1 O C ~ 01 _ Y vl .n .n .n vl to to to vl vl .n .n L c 0) n n o o O W) O O O O O O O O O O O O O O Lnvl O O Vl O O 111 O ul vl O O L I Ol Ol V n �l I m m V O � m O N O 0 lO e-I rl cy rl c-I c-I N e-I c-I rl i--I N 01 t/l if} O O O O O O O N Vl Lfl In In Ln In O 16 Vl O O O O O O O O O O O O O L vl vl O O In O O vl O Ln vl O O a a 0 0 a 0 Ln 7 0 7 a O N != N N Il, r N � N N � N N to O cO c-I a-I c-I c-I c-I ci N c-1 c-I a-I c-I c-I o0 c rl 1A O U O O O y O O O m Ln Ln O O G L iy U u 'a v C 0 m o a a a m a m o 0 to to VI � VI N to to L 16 V e-I rl e-I e-I c-I e-I rl c-I rl e-I e-I rl w O C p Y Y aaj fE Y > L 0 d Z O O N m V d O w t O. f0 V = ou o 3 s° 'a a C O r O L N N C O J Y LL LL Z L 7 d J C N O O O O Y CO LLJ Z ai 0' N Y E � E O L U Z 14 N O N Exhibit Insurance Requirements Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. Automobile Liability insurance providing bodily injury and property damage liability coverage for all owned, non-owned, hired, and leased 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 Contractor and subcontractors as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no less than $1,000,000 per occurrence, $2,000,000 general aggregate, and a $2,000,000 products-completed operations aggregate limit. 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. The above policy limits may be obtained with excess liability (umbrella) insurance. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance policies and shall not contribute to the Contractor's insurance policies. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice has been given to the City, sent via certified mail, return receipt requested. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) with respect to work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claims are made or suit is brought, except with respect to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. The City waives no rights, and the Contractor is not excused from performance if Contractor fails to provide the City with a copy of the endorsements naming the City as a Primary Non-Contributory Additional Insured. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the same insurance requirements as stated herein for the Contractor. Client#: 191212 DRAIPR01 DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 2/07/2024 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 NAME:ACT Ashlee Topinka Propel Insurance PHONE g00 499-0933 FAX 866 577-1326 A/C,No,Ext: A/C,No Seattle Commercial Insurance E-MAIL p ADDRESS: as �P phlee.to inks ro elinsurance.com 601 Union Street,Suite 3400 Seattle,WA 98101-1371 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Crum&Forster Specialty Insurance 44520 INSURED INSURER B:Continental Western Insurance Company 10804 Drain-Pro, Inc. INSURER C:SAIF Corporation 36196 1903 17th St. NE, Building C-2 Zurich American Insurance Company 16535 INSURER D: p y Puyallup,WA 98371 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 LIMITS LTR INSR WVD POLICY NUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY EPK143423 4/01/2023 04/01/2024 EACH OCCURRENCE $1,000,000 CLAIMS-MADE I OCCUR PREMISES ERENTED occcur ence $100,000 X BI/PD Ded: $5,000 MED EXP(Any one person) s5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY FX JECOT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY CPA605502323 4/01/2023 04/01/202 Ea aB INGLE LIMIT Cid.n S $1,000,000 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 UMBRELLA LIAB X OCCUR EFX122628 4/01/2023 04/01/2024 EACH OCCURRENCE s51000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE s5,000,000 DIED RETENTION$ $ A WORKERS COMPENSATION EPK143423 4/01/2023 04/01/202 X STATUTE X ERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE * WA Stop Gap E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under C DESCRIPTION OF OPERATIONS below 100042865 OR WC 10/01/2023 10/01/202 E.L.DISEASE-POLICY LIMIT $1,000,000 A Pollution EPK143423 04/01/2023 04/01/202 $1M/$2M Ded: $25k A Professional EPK143423 04/01/2023 04/01/202 $1M/$2M Ded: $25k D Leased/Rent Equip CPP027659506 04/01/2023 04/01/202 $370k/Ded: $5k DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) RE: Park Operations-Sanican Services Additional Insured status applies to the City of Kent per the attached endorsements. 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 Fourth Avenue South 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 #S6412150/M6208619 JXH03 This page has been left blank intentionally. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDED WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART ONSITE CLEANUP COVERAGE PART SCHEDULE Name of Person(s)or Organization(s) Blanket when specifically required in a written contract with the named insured. SECTION VI — COMMON CONDITIONS, item 17. Transfer Of Rights of Recovery Against Others To Us within the Common Provisions is amended by the addition of the following: Solely as respects the person(s) or organization(s) indicated in the Schedule shown above, we waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for "damages" arising out of your ongoing operations or "your work" performed under a written contract with that person(s) or organization(s) and included in the "products- completed operations hazard". However, this waiver shall not apply to "damages" resulting from the sole negligence of the person(s) or organization(s) indicated in the Schedule shown above. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0109-0211 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART ONSITE CLEANUP COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)or Organization(s) Blanket when specifically required in a written contract with the named insured. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to: a. Liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s); and b. When you and the person(s) or organization(s) shown in the Schedule have agreed in writing in a lease, contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. A person's or organization's status as an additional insured under this Endorsement ends when their lease, contract or agreement with you ends. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0113-0211 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)or Organization(s) Blanket when specifically required in a written contract with the named insured. A. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability arising out of "your work" for that person or organization performed by you, or by those acting on your behalf. B. As respects additional insureds as defined above, this insurance also applies to "bodily injury" or "property damage" arising out of your negligence when the following written contract requirements are applicable: 1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insureds shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for injury or damage arising out of "your work" performed under a written contract with that person(s) or organization(s). 3. The term "additional insured" is used separately and not collectively, but the inclusion of more than one "additional insured" shall not increase the limits or coverage provided by this insurance. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0147-1111 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED NOTICE OF CANCELLATION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART ONSITE CLEANUP COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART In consideration of the premium charged and solely with respect to the coverage parts shown above, it is hereby agreed that the Common Provisions, Section VI—Common Conditions is amended by the addition of the following: Limited Notice Of Cancellation In the event that we cancel this Policy for any reason other than non-payment of premium and; a.The effective date of cancellation is prior to the expiration date of this Policy; and b. You are under an existing written contractual obligation to notify a certificate holder when this Policy is canceled and have provided to us, either directly or through your broker of record, the email address of a contact at each such certificate holder; and c.We received this information after you received notice of cancellation of this Policy and prior to the effective date of cancellation, via an electronic spreadsheet that is acceptable to us, We will provide notice of cancellation via email to each such certificate holder within thirty (30) days of your providing such information to us. Proof of our emailing the notice of cancellation, using the information provided by you, will serve as evidence that we have satisfied our obligations under this condition. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0165 0117 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Person(s) or Organization(s): Location And Description Of Completed Operations Blanket when specifically required in a written contract with the Blanket when specifically required in a written named insured. contract with the named insured. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section III — Who Is An Insured within the Common Provisions is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". EN0320-0211 Page 1 of 1 31 RU M FRTER' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL CHANGE ENDORSEMENT Policy Change Number A POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE Crum and Forster Specialty EPK-143423 04/01/2023 Insurance Company NAMED INSURED Drain-Pro, Inc. COVERAGE PARTS AFFECTED COMMERCIAL GENERAL LIABILITY COVERAGE PART CHANGES AGGREGATE LIMITS OF INSURANCE PER PROJECT AND MAXIMUM PER PROJECT GENERAL AGGREGATE LIMIT Maximum Per Project General Aggregate Limit: $5,000,000 A. For all sums the insured becomes legally obligated to pay as "damages" caused by an "occurrence"which can be attributed solely to ongoing operations at a single defined project: 1. A separate Per Project General Aggregate Limit applies to each project when required in a written contract with the Named Insured, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Per Project General Aggregate Limit is the most we will pay for the sum of all "damages", except for "damages" because of"bodily injury' or"property damage" included in the "products-completed operations hazard" and for medical expenses under the Commercial General Liability Coverage Part, Insuring Agreement C—Medical Payments. 3. Any payments made under the Commercial General Liability Coverage Part for"damages", or as medical payments under the Commercial General Liability Coverage Part, Insuring Agreement C- Medical Payments, except for"damages" paid under the"products-completed operations hazard", shall reduce the Per Project General Aggregate Limit for that project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor shall they reduce any other Per Project General Aggregate Limit for any other project. 4. All other limits applicable to the Commercial General Liability Coverage Part shown in the Declarations continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Per Project General Aggregate Limit. 5. The Maximum Per Project General Aggregate Limit shown in the Schedule above is the most we will pay for the sum of all Per Project General Aggregate Limits and the General Aggregate Limit shown in the Declarations regardless of the number of: EN0137-0211 Page 1 of 1 a. Insureds; b. "Claims" made or"suits" brought; c. Persons or organizations making "claims" or bringing "suits"; or d. Projects B. For all sums the insured becomes legally obligated to pay as "damages" under the Commercial General Liability Coverage Part, or as medical payments under the Commercial General Liability Coverage Part, Insuring Agreement C—Medical Payments, which cannot be attributed only to your ongoing operations at a single defined project: 1. Any payments made under the Commercial General Liability Coverage Part or as medical payments under the Commercial General Liability Coverage Part, Insuring Agreement C-Medical Payments, shall reduce the General Aggregate Limit shown in the Declarations, or the Products-Completed Operations Aggregate Limit shown in the Declarations, whichever is applicable; and 2. Such payments shall not reduce any Per Project General Aggregate Limit. C. When coverage for liability arising out of the"products-completed operations hazard" is provided, any payments for"damages" included in the"products-completed operations hazard"will reduce the Products- Completed Operations Aggregate Limit shown in the Declarations, and not reduce the General Aggregate Limit shown in the Declarations nor any applicable Per Project General Aggregate Limit. D. If the applicable project has been abandoned, delayed, or restarted, or if the authorized contracting parties deviate from the original plans, blueprints, designs, specifications, or timetables, the project will still be deemed to be the same construction project and only the original Per Project General Aggregate Limit shall apply, encumbered or not. E. The provisions of the Common Provisions, Section IV— Limits Of Insurance And Deductible not otherwise modified by this endorsement shall continue to apply. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED Authorized Representative Signature EN0137-0211 Page 2 of 2 RU II I FOR TER THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL CHANGE ENDORSEMENT Policy Change Number B POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE Crum and Forster Specialty EPK-143423 04/01/2023 Insurance Company NAMEDINSURED Drain-Pro, Inc. COVERAGE PARTS AFFECTED COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIAIBLITY COVERAGE PART ERRORS & OMISSIONS LIABILITY COVERAGE PART CHANGES ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: As required by written contract in effect prior to any related Claim. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Under the Common Provisions, Section III — Who Is An Insured Paragraph 1 is amended to include as an insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. EN0137-0211 Page 1 of 2 2. This insurance does not apply to: a. "Bodily injury", "property damage" "personal and advertising injury", a "pollution condition" or a "wrongful act" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or"property damage" included within the "products-completed operations hazard". B. With respect to the insurance afforded to these additional insureds, the following is added to Section IV— Limits of Insurance and Deductible Paragraph 5: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED Authorized Representative Signature EN0137-0211 Page 2 of 2 Schedule of Forms and Endorsements Form No. Form Title EN0001 Environmental Package Policy Declarations EN0002 Schedule of Forms and Endorsements CS07001 Signature Page EN0004 Claims Reporting EN0005 Service of Process Clause EN0007 Exclusion of Certified Acts of Terrorism and Exclusion of Other Acts of Terrorism Committed Outside the United States EN0009 Deductible Schedule Endorsement EN0010 Minimum Premium and Minimum Retained Premium EN0011 Privacy Notice EN0020 Common Provisions EN0021 Commercial General Liability Occurrence Coverage Part EN0023 Contractors Pollution Liability Occurrence Coverage Part EN0025 Errors and Omissions Liability Coverage Part EN0050 Policyholder Notice - Emergency Response Hotline EN0052 Notice of Loss EN0106 Low Level Radioactive/Mixed Waste Coverage EN0109 Amended Waiver of Transfer of Rights of Recovery Against Others To Us EN0113 Additional Insured—Lessor of Leased Equipment EN0147 Primary& Non-Contributory Al with Waiver of Subrogation EN0161 Emergency Environmental Response Costs Endorsement EN0165 Limited Notice Of Cancellation Endorsement EN0166 Named Insured Endorsement EN0169 Exclusion—Communicable Disease EN0171 Exclusion -Glyphosate EN0172 Exclusion - PFAS EN0302 Employee Benefits Liability Coverage EN0304 Stop Gap—Employers Liability Coverage EN0311 Products Pollution Liability Coverage Extension EN0320 Additional Insured—Owners, Lessees Or Contractors—Completed Operations EN0325 Contractual Liability—Railroads EN0346 Amendment to Damage to Your Work Exclusion EN0404 Limited Defense Expenses Outside the Limits of Insurance (CPL) EN0405 Transportation Pollution Liability Blanket Endorsement EN0412 Mold Definition Giveback EN0417 Regulated Non-Owned Disposal Site Coverage EN0420 Natural Resource Damages Endorsement EN0421 Bodily Injury Amendment EN0503 Limited Defense Expense Outside the Limits of Insurance (E&O) EN0728 Washington Common Policy Conditions EN0002-0211 Schedule of Forms and Endorsements EN0137A EN0352-0523 Aggregate Limits of Insurance Per Project and Maximum Per Project General Aggregate Limit EN0137B Additional Insured -State or Governmental Agency of Subdivison or Political Subdivision - Permits or Authorizations IL P 0010104 U.S Treasury Department's Office of Foreign Assets Control ("OFAC")Advisory Notice to Policyholders EN0002-0211 This page has been left blank intentionally. COMMERCIAL AUTO CL CA 01 4912 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE EXPANSION ENDORSEMENT - PLATINUM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. A. NEWLY ACQUIRED OR FORMED 1. Such person or organization is an additional ORGANIZATIONS "insured" only to the extent such person or The following is added to Paragraph A.1.Who Is organization is liable for "bodily injury" or An Insured of Section II-Covered Autos Liability "property damage": because of the conduct of Coverage: an "insured" under Paragraphs a. or b. under Paragraph A.1.Who Is An Insured of Section Any organization you newly acquire or form, other II-Covered Autos Liability Coverage, caused than a partnership,joint venture or limited liability by an "accident" and resulting from the company or any organization excluded either by ownership, maintenance or use of a covered this Coverage Part or by endorsement, and over "auto"; which you maintain ownership or majority interest 2. The written contract or agreement described of more than 50 percent will qualify as a Named above must have been executed prior to the Insured. However: "accident"that caused the "bodily injury" or 1. This insurance does not apply to any newly "property damage" and be in effect at the time acquired or formed organization that is an of such"accident'; "insured"underany otherautomobile policy or 3. The insurance afforded to any such additional would be an insured under such policy but "insured" does not apply to any "accident" for its termination or the exhaustion of its Limit beyond the period of time required by the of Insurance. written contract or agreement described 2. Coverage does not apply to "bodily injury" or above; "property damage" that occurred before you 4. The most we will pay on behalf of such acquired or formed the organization. additional"insured(s)"is the lesser of: 3. Coverage under this provision is afforded only a. The Limits of Insurance specified in the until the 180th day after you acquire or form written contract or agreement described the organization or the end of the policy above; or period, whichever is earlier. B. ADDITIONAL INSURED BY CONTRACT OR b. The Limits of Insurance shown in the AGREEMENT Declarations. The following is added to Paragraph A.1., Who Is This provision shall not increase the Limit of An Insured of Section II-Covered Autos Liability Insurance shown in the Declarations in this Coverage: policy or coverage part; and When you have agreed in a written contract or 5. The following changes are made to Paragraph agreement to include a person or organization as 5. Other Insurance of B. General Conditions an additional "insured", such person or under Section IV-Business Auto Conditions: organization is included as an"insured"su4ect to a. The following is added to Paragraph 5.a.: the following: If required by the written contract or agreement described above, the CL CA 0149 12 22 Includes copyrighted material of Insurance Services Page 1 of 5 Office, Inc., with its permission insurance afforded to the additional Paragraph A.4.a. Transportation Expenses of insured under this provision will be Section III -Physical Damage Coverage is primary to, and will not seek contribution amended as follows: from, the additional insured's own 1. The Limits of Insurance are increased to$75 insurance. per day to a maximum of$2,500. b. Paragraph 5.c. is deleted in its entirety. 2. We will also pay reasonable and necessary 6. Paragraph A.1.c. under Section II- Covered expenses to facilitate the return of the stolen Autos Liability Coverage is deleted in its "auto"to you. entirety. 3. It is agreed and understood and it is our stated 7. The definition of "insured contract" under intent that expenses incurred by you underthe Section V-Definitions is amended to add the Transportation Expenses Coverage following: Extension will not also be covered or paid An "insured contract" does not include that under the Rental Reimbursement Coverage part of any contract or agreement: provided by this endorsement or any rental reimbursement coverage added by separate That pertains to the ownership, maintenance endorsement to this policy. or use of an "auto" and which indemnifies a H. EXTENDED COVERAGE-AIRBAGS person or organization for other than the vicarious liability of such person or The following is added to Exclusion B.3.a. of organization for "bodily injury" or "property Section III -Physical Damage Coverage: damage" caused by your operation or use of However, this exclusion does not apply to the a covered "auto". unintended discharge of an airbag. However, a person or organization is an This coverage is excess over any other collectible additional"insured" under this provision only insurance or warranty providing such airbag to the extent such person or organization is not named as an "insured" by separate coverage. endorsement to this policy. I. AUTO LOAN/LEASE GAP COVERAGE C. EMPLOYEES AS INSUREDS The following is added to Section III - Physical The following is added to Paragraph A.I.Who Is Damage Coverage, Paragraph C. Limits of An Insured Section II - Covered Autos Liability Insurance. Coverage: 4. In the event of a total "loss" to a covered Any "employee" of yours is an "insured" while "auto", we will pay the lesser of using a covered "auto" you don't own, hire or a. Any unpaid amount due on the lease or borrow in your business oryour personal affairs. loan for a covered "auto", less: D. INCREASED COVERAGE- BAIL BONDS (1) The amount under the Physical The Supplementary Payments Coverage Damage Coverage section of the Extension of Section II - Covered Autos Liability policy; and Coverage is amended as follows: (2) Any: The Limit of Insurance in paragraph A.2.a.(2) is (a) Overdue lease/loan payments at increased to$5,000. the time of the"loss"; E. INCREASED COVERAGE - LOSS OF (b) Financial penalties imposed EARNINGS under a lease for excessive use, The Supplementary Payments Coverage abnormal wear and tear or high Extension of Section II - Covered Autos Liability mileage; Coverage is amended as follows: (c) Security deposits not returned by The Limit of Insurance in paragraph A.2.a.(4) is the lessor; increased to$1,000. (d) Costs for extended warranties, F. FELLOW EMPLOYEE COVERAGE Credit Life Insurance, Health, Accident or Disability Insurance The Fellow Employee Exclusion contained in purchased with the loan or lease; Section II-Covered Autos Liability Coverage does and not apply. This coverage is excess over any other collectable insurance. (e) Carry-over balances from previous loans or leases; or G. COVERAGE EXTENSION-TRANSPORTATION b. $5,000. EXPENSES Page 2 of 5 Includes copyrighted material of Insurance Services CL CA 01 4912 22 Office, Inc., with its permission However, this provision does not apply to the disabled. However, the labor must be performed extent loan/lease gap coverage has been at the place of disablement. provided by separate endorsement to this N. FIRE EXTINGUISHER RECHARGE policy. J. GLASS REPAIR-NO DEDUCTIBLE The following is added to Paragraph A.4` Coverage Extensions of Section IV - Physical The following is added to Paragraph D. Deductible Damage Coverage: of Section III-Physical Damage Coverage: When fire extinguishers are kept in your covered Any Comprehensive Coverage deductible shown "auto" and any are discharged in an attempt to in the Declarations does not apply to "loss" to extinguish a fire, we will pay the lesser of the glass breakage when you elect to patch or repair actual cost of recharging or replacing such fire rather than replace the glass. extinguisher(s). This provision does not apply to any covered No deductible applies to this coverage. auto provided Physical Damage Coverage under O. HIRED AUTO PHYSICAL DAMAGE CA 04 21 - Full Safety Glass Coverage. COVERAGE K. INCREASED COVERAGE - ELECTRONIC The following is added to Paragraph A.4, EQUIPMENT Coverage Extensions of Section III - Physical The $1,000 limit indicated in Paragraph C.1.b. Damage Coverage: under Section III-Physical Damage Coverage is If hired "autos" are covered "autos" for Covered increased to$2,500. Autos Liability Coverage and if Physical Damage L. EXTENDED COVERAGE - PERSONAL Coverage is provided for any "auto"you own,then PROPERTY the Physical Damage coverages provided are The following is added to Paragraph A.4, extended to"autos"you lease,rent, hire or borrow Coverage Extensions of Section III - Physical from someone other than your "employees", Damage Coverage: partners or members of their households subject to the following: Physical Damage Coverage on a covered "auto" 1. The most we will pay in any one "loss" is the may be extended to "loss" to your personal lesser of: property or, if you are an individual, the personal property of a family member, that is in the covered a. The actual cash value of the"auto"; "auto" at the time of "loss" and caused by an b. The cost to repair or replace the"auto';or "accident" and resulting from the ownership, maintenance or use of a covered "auto". C. $100,000. The insurance provided by this coverage 2. Paragraph 1. above is subject to a deductible. extension is excess over any other collectible The deductible shall be equal to the amount of insurance. The most we will pay for anyone"loss" the highest deductible shown for any owned under this coverage extension is $500. However, "auto" of the same classification for that our payment for "loss" to personal property will coverage. In the event there is no owned only be for the account of the owner of the "auto"of the same classification, the highest property. deductible for any owned "auto"will apply for Under this provision, personal property does not that coverage. include and we will not pay for "loss"of currency, No deductible will apply to "loss" caused by coins, securities or contraband. fire or lightning. No deductible applies to this coverage extension. 3. Hired Auto Physical Damage Coverage is M. TOWING subject to the following: Paragraph A.2. Towing of Section III - Physical a. If symbol 8 is shown in the Covered Auto Damage Coverage, is replaced by the following: section ofthe Declarations page for any of the Physical Damage coverages, then the If a private passenger type "auto" or light truck Hired Auto Physical Damage coverage "auto" (0-10,000 Lbs. GVW) is provided both described in this endorsement does not Comprehensive and Collision Coverage, we will apply. pay up to$150 for towing and labor costs incurred b. Other than indicated in Paragraphs a. each time such "auto" is disabled. If a medium, heavy or extra-heavy truck or extra-heavy Truck- directly above, coverage provided under this provision will be excess over any tractor"auto" (greater than 10,000 Lbs. GVW)is provided both Comprehensive and Collision other collectible insurance or coverage. Coverage, we will pay up to $250 for towing and labor costs incurred each time such "auto" is CL CA 0149 12 22 Includes copyrighted material of Insurance Services Page 3 of 5 Office, Inc., with its permission 4. In addition to the limit set forth in Paragraph 1. However, this provision does not apply to the above we will pay up to $500 per day, to a extent that rental reimbursement is provided maximum of$3,500 per"loss"for: by separate endorsement to this policy. a. Any costs or fees associated with the Q. DRIVE OTHER CAR COVERAGE "loss"to a hired"auto'; and 1. The following is added to Section II-Covered b. Loss of use of the hired"auto", provided it Autos Liability Coverage: is the consequence of an "accident"for a. Any "auto"you don't own, hire or borrow which you are legally liable, and as a is a covered "auto"for Liability Coverage result of which a monetary loss is while being used by: sustained by the leasing or rental concern. (1) You, if you are designated in the However, Paragraph A.4.b. Loss of Use Declarations as an individual; Expenses under Section III - Physical Damage (2) Your partners or members, if you are Coverage of the Business Auto Coverage Form designated in the Declarations as a does not apply. partnership orjoint venture; P. RENTAL REIMBURSEMENT COVERAGE (3) Your members or managers, if you We will pay for rental reimbursement expenses are designated in the Declarations as incurred by you for the rental of an"auto"because a limited liability company; of"loss"to a covered"auto". (4) Your executive officers if you are 1. Payment applies in addition to the otherwise designated in the Declarations as an applicable amount of each coverage you have organization other than an individual, on the covered "auto". partnership, joint venture or limited liability company;and 2. No deductible applies to this coverage. (5) The spouse of any person named in 3. We will pay only for those expenses incurred Paragraphs Q.1.a.(1). through during the policy period beginning 24 hours Q.1.a.(4)while a resident of the same after the "loss" and ending, regardless of the household; expiration date of the policy,with the lesser of the following number of days: Except: a. The number of days when the covered (a) Any "auto" owned by that "auto" has been repaired or replaced, or individual or by any member of his or her household. b. 45 days. (b) Any "auto" used by that individual 4. Our payment is limited to the lesser of the or his orher spouse while working following amounts: in a business of selling,servicing, a. Necessary and actual expenses incurred; repairing or parking"autos". or 2. Changes In Auto Medical Payments And b. Not more than$75 for any one day; Uninsured And Underinsured Motorists Coverages 5. We will pay up to an additional $300 for the The following is added to Who Is An Insured: reasonable and necessary expenses you incur to remove your materials and equipment Any individual named in 1.a above and his or from the covered "auto" and replace such her "family members" are "insured" while materials and equipment on the rental "auto". "occupying"or while a pedestrian when being 6. This coverage does not apply while there are struck by any "auto"you don't own except: spare or reserve "autos"available to you for Any "auto" owned by that individual or by any your operations. "family member". 7. If"loss"results from the total theft ofa covered 3. Changes In Physical Damage Coverage "auto" of the"private passenger type",we will Any private passenger type "auto" you don't pay under this coverage only that amount of own, hire or borrow is a covered "auto"while your rental reimbursement expenses which is in the care,custody or control of any individual not already provided for under the Physical named in Q.1.a. above or his or her spouse Damage Coverage Extension of the Business while a resident of the same house-hold Auto Coverage Form or any endorsements thereto. except: a. Any "auto"owned by that individual or by any member of his or her household; or Page 4 of 5 Includes copyrighted material of Insurance Services CL CA 01 4912 22 Office, Inc., with its permission b. Any"auto"used by that individual or his or T. UNINTENTIONAL OMISSIONS her spouse while working in a business of The following is added Paragraph B.2. of Section selling, servicing, repairing or parking"autos". IV-Business Auto Conditions: 4. The most we will pay for the total of all If you fail to disclose any hazards existing at the damages under Covered Autos Liability inception date of this policy, such failure will not Uninsured Motorists Coverage and prejudice the coverage provided toyou. However, Underinsured Motorists Coverage is the Limit this provision does not affect our right to collect Of Insurance shown in the Declarations as additional premium or exercise our right of applicable to owned"autos". cancellation or nonrenewal. 5. Our obligation to pay for, repair, return or U. LIBERALIZATION replace damaged or stolen property under If we revise this endorsement to provide greater Physical Damage Coverage, will be reduced coverage without additional premium charge, we by a deductible equal to the amount of the will automatically provide the additional coverage highest deductible shown for any owned to all endorsement holders as of the day the private passenger type "auto" applicable to revision is effective in your state. that coverage. If there are no owned private passenger type "autos", the deductible shall be $250 for Comprehensive Coverage and $500 for Collision Coverage. No deductible will apply to"loss"caused by fire or lightning. 6. Additional Definition As used in this DRIVE OTHER CAR Provision: "Family member" means a person related to the individual named in 1.a. by blood, marriage or adoption who is a resident of the individual's household, including a ward or foster child. R. KNOWLEDGE OF AN ACCIDENT, CLAIM, SUIT OR LOSS The following is added to Paragraph A.2. of Section IV-Business Auto Conditions: Your obligation to provide prompt notice of an "accident", claim,"suit' or"loss" is satisfied if you or a person designated by you to be responsible for insurance matters is notified of, or in any manner made aware of an"accident",claim, "suit" or"loss"and provides us such notice as soon as practicable S. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT The following is added to Paragraph A.5 of Section IV-Business Auto Conditions: The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to any person(s) or organization(s)for whom you have agreed under written contract or agreement to waive subrogation with respect to the coverage provided under this Coverage Form but only to the extent that subrogation is waived prior to the "accident"or"loss". CL CA 0149 12 22 Includes copyrighted material of Insurance Services Page 5 of 5 Office, Inc., with its permission This page has been left blank intentionally. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF CONTROLLING UNDERLYING INSURANCE This endorsement modifies insurance provided under the following: ENVIRONMENTAL EXCESS LIABILITY POLICY SCHEDULE Coverage: Commercial General Liability, Contractors Pollution Liability, Errors & Omisisons Liability Insurance Carrier: Crum & Forster Specialty Insurance Company Policy Number: EPK-143423 Per Occurrence Limit $1,000,000 Policy Limits: Aggregate Limit 1$2,000,000 Policy Period: 04/01/2023 -04/01/2024 Coverage: Employers Liability Insurance Carrier: Saif Policy Number: 100042865 Policy Limits: Policy Limits j$1,000,000 Policy Period: 10/01/2022 - 10/01/2023 Coverage: Automobile Liability Insurance Carrier: Continental Western Insurance Company Policy Number: CPA 6055023-24 Policy Limits: Combined Single Limit j$1,000,000 Policy Period: 04/01/2023 -04/01/2024 Per Item 5. of the Declarations,the policy or policies, shown in the above Schedule of this endorsement are the "controlling underlying insurance" for this Environmental Excess Liability Policy. This endorsement shall not serve to change or increase our Limits of Insurance as shown in the Declarations and as described in Section IV. LIMIT OF LIABILITY. All other terms, conditions and exclusions under the policy remain unchanged. EN0152-0714 Page 1 of 1 Schedule of Forms and Endorsements Form No. Form Title EN0012 Environmental Excess Liability Policy Declarations EN0002 Schedule of Forms and Endorsements CS07001 Signature Page EN0004 Claims Reporting EN0005 Service of Process Clause EN0007 Exclusion of Certified Acts of Terrorism and Exclusion of Other Acts of Terrorism Committed Outside the United States EN0011 Privacy Notice EN0016 Exclusion of Uninsured Motorist Insurance/Underinsured Motorist Insurance EN0028 Environmental Excess Liability Policy EN0029 Amendatory Endorsement Asbestos, Lead, Pollution EN0050 Policyholder Notice- Emergency Response Hotline EN0052 Notice of Loss EN0150 Maritime Employers Liability(Jones Act) Exclusion EN0151 US Longshoremen's& Harbor Workers' Compensation Act Exclusion EN0152 Schedule of Underlying Insurance Endorsement EN0728 Washington Common Policy Conditions IL P 001 01 04 U.S Treasury Department's Office of Foreign Assets Control("OFAC")Advisory Notice to Policyholders E N 0002-0211 ENVIRONMENTAL EXCESS LIABILITY POLICY Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy, the words "you" and "your" refer to the Named Insured stated in Item 1. of the Declarations. The term Insured means any person or organization qualifying as an insured in the "controlling underlying insurance". The words "we", "us" and 'bur" refer to the Company stated on the Declarations providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION III DEFINITIONS and other provisions of this policy for such meanings. I. INSURING AGREEMENT We will pay on behalf of the Insured the "ultimate net loss": 1. In excess of all "underlying insurance", 2. Provided the injury or offense takes place during the Policy Period of this policy, and 3. Only after all "underlying insurance" has been exhausted by the payments of the limits of such insurance for losses arising out of'occurrences", "pollution conditions" or"wrongful acts" insured by all of the policies designated in the Declarations as "underlying insurance". If any "underlying insurance" does not pay a loss for reasons other than the exhaustion of an aggregate limit of insurance, then we shall not pay such loss. We have no obligation under this insurance with respect to any claim or suit settled without our consent. The amount we pay is limited as described in SECTION IV. LIMIT OF LIABILITY. If we are prevented by law from paying on behalf of the Insured for coverage provided under this insurance, then we will indemnify the Insured. The Agreements, Definitions, Terms, Conditions, and Exclusions of the "controlling underlying insurance" scheduled in Item 5. of the Declarations, in effect at the inception date of this policy, apply to this coverage unless: 1. They are inconsistent with provisions of this policy; or 2. There are provisions in this policy for which a similar provision is not contained in the "controlling underlying insurance"; or 3. They relate to premium, subrogation, any obligation to defend, the payment of expenses, Limits of Insurance, cancellation or any renewal agreement. With respect to the exceptions described in 1., 2. or 3. above, the provisions of this policy will apply. II. DEFENSE PROVISIONS AND SUPPLEMENTAL PAYMENTS A. DEFENSE PROVISIONS We shall not be called upon to assume charge of the investigation, settlement or defense of any claim made or suit brought against the Insured, but we shall have the right and be given the opportunity to be associated in the defense and trial of any claims or suits relative to any "occurrence", "pollution condition" or"wrongful act' which, in our opinion, may create liability on the part of us under the terms of this policy. If we assume such right and opportunity, we shall not be obligated to defend any suit after the EN0028-0714 Page 1 of 10 ©2011 United States Fire Insurance Company,all rights reserved. J. LEGAL ACTION AGAINST US No person or organization has a right under this policy to: 1. Join us as a party or otherwise bring us into a suit asking for damages from you; 2. Sue us, unless all of the terms of this policy have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against you obtained after trial. We will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of this policy. An agreed settlement means a settlement and release of liability signed by us, you, and the claimant or the claimant's legal representative. K. MAINTENANCE OF UNDERLYING INSURANCE The policy or policies referred to in the Declarations and Schedule of"Underlying Insurance" or renewals or replacements thereof not more restrictive in coverage shall be maintained in full effect during this policy period, except for any reduction in the aggregate limits solely by payment of claims and/or claims expense. If such "underlying insurance" is not maintained in full effect by you, if there is any material change in the coverage of any "underlying insurance", or if any limits of liability of "underlying insurance" are: 1. Less than as stated in the Schedule of"Underlying Insurance"; 2. Unavailable to you due to bankruptcy or insolvency of an underlying insurer; or then the insurance afforded by this policy shall apply in the same manner as if such "underlying insurance" and limits of liability had been in effect, available, so maintained unchanged and collectible. L. OTHER INSURANCE If other insurance (whether such insurance is stated to be primary, contributing, excess or contingent) collectable or not, is available to you covering a loss also covered by this policy, other than a policy that is specifically written to apply in excess of this policy, the insurance afforded by this policy shall apply in excess of and shall not contribute with such other insurance. However, if a written contract between you and an additional insured specifically requires that this insurance be primary, then this insurance will be primary to and noncontributing with other insurance maintained by the additional insured; however this primary and noncontributing coverage is limited to the amount of insurance required as specified in the contract. M. PREMIUM The First Named Insured is responsible for the payment of all Premiums. All other Insureds are contingently liable for payment of Premium if the First Named Insured fails to do so. The Premium for this policy, as stated in Item 6. of the Declarations, is a flat Premium. It is not subject to an adjustment unless stated in the Declarations or an endorsement attached to this policy. N. REPRESENTATIONS, FRAUD, OR CONCEALMENT By accepting this policy, you agree that: 1. The statements in the Declarations, Schedule of "Underlying Insurance", and Application for this policy are accurate and complete; 2. Those statements are based upon representations you made to us; 3. This policy has been issued in reliance upon your representations; and EN0028-0714 Page 9 of 10 ©2011 United States Fire Insurance Company,all rights reserved. 4. This policy is void in any case of fraud by you or if you intentionally conceal or misrepresent any material fact as it relates to this policy or any claim under this policy. O. SEPARATION OF INSUREDS Except with respect to the Limits of Insurance, this policy applies: 1. As if each Insured were the only Insured; 2. Separately to each Insured against whom claim is made or suit brought. P. SUBROGATION In the event of any payment under this policy by us, we shall be subrogated to all of your rights of recovery against any person or organization, and you shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. You shall do nothing after loss to prejudice such rights. The amount recovered as subrogation shall be apportioned in the inverse order of payment of the "ultimate net loss" to the extent of the actual payment. The expenses of all recovery proceedings shall be apportioned in the ratio of respective recoveries. We have no duty to provide coverage under this policy unless you and any other involved insured have fully complied with the conditions of this policy. However, if a written contract between you and an additional insured specifically requires it,we will waive any right of recovery we may have against that person or organization because of payments we make for injury or damage arising out of your work performed for that person or organization under such written contract, but only if the injury or damage does not result from the sole negligence of that person or organization. Q. TITLES OR CAPTIONS OF POLICY PROVISIONS The title or caption of the sections and paragraphs of this policy and any attached endorsements are solely for convenience or reference. They do not affect the provisions to which they relate. R. SERVICE OF SUIT It is agreed that service of process in any suit on this policy against us may be made upon the highest one in authority bearing the title of commissioner, director or superintendent of insurance of the state or commonwealth wherein this policy is delivered or issued. The one in authority bearing the title commissioner, director, or superintendent of insurance of the state or commonwealth where this policy is delivered is hereby authorized and directed to accept service of process on behalf of this Company in any such suit; provided such commissioner, director, or superintendent has a procedure for forwarding suits to insurance companies by registered or certified mail and agrees to abide by such procedure by mailing via certified mail all documents so served to Crum and Forster Specialty Insurance Company, Attention: Claims, 305 Madison Avenue, Morristown, NJ 07960. It is further agreed that the Insured shall, by registered mail, send to Crum and Forster Specialty Insurance Company, Attention: Claims, 305 Madison Avenue, Morristown, NJ 07962 a copy of all documents relating to the service of process and suit as the Insured has delivered to the highest one in authority of the insurance department of the state in which the suit has been instituted. EN0028-0714 Page 10 of 10 ©2011 United States Fire Insurance Company,all rights reserved. This page has been left blank intentionally. www.saif.com ■ saif Work. Life. Oregon. Carrier no: 20001 Endorsement no: WC000313 (Ed. 43013) SAIF policy: 100042865 Drain-Pro Inc OR Waiver of Our Right to Recover from Others Endorsement We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Description: All Operations Contractor name: Persons and/or organizations with whom the insured-employer is required by written contract to waive subrogation rights. This endorsement does not alter the rights of an injured worker to pursue recovery from another party or SAIF to receive a statutory share of recoveries by an injured worker, even from the party listed in the schedule. The premium charge for this endorsement is based on one (1) percent of your manual premium. Effective date: October 01, 2023 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Countersigned September 26, 2023 at Salem, Oregon 7 W0000313 Chip Terhune (Ed. 430B) President and Chief Executive Officer 400 High Street SE Salem,OR 97312 P:800.285.8525 F:503.373.8020 Pot PC 1_E430B This page has been left blank intentionally. Y N � O_ 7 Y N U 4 a L d C� 7 .N.. N M N 0 C O G1 V V J N 7 N O N N 14 U V YO J � d � LL � C N Q' N J C � rt ® LL 3 � N C N � 4) P N O N a m C o m o y � m � V d Q N Q C Q U J N U1 N C .N 7 41 � Q � 7, � U � m O m � m J tl7 CO U N U O N O C O V a r 03 w 7 L m o S � N 7 N m O � O ca O C O N C � U O Z C � U .Q W Q N R � � LSl ❑ N m � J - a` nn Signature: i I Signature: 2maU L.atG�Ge� Garin LJeTFA 9,202415:13 PST) Ronald Lashley Jr.(Feb 13,202 15:47 PST) Email: glee@kentwa.gov Email: parkscontracts@kentwa.gov Signature: L&r2f�elv Signature: � �a Brian Levenhagen(Feb 13,202 17:39 PST) Email: bjlevenhagen@kentwa.gov Email: zackf@drain-proinc.com