Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
CAG2024-168 - Original - All Around Fence Company - Fencing Install at Various City Parks - 04/12/2024
FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr:_A, GL Agreement Routing Form Dir. Assist: RL • For Approvals,Signatures and Records Management KEN T This form combines&replaces the Request for Mayor's Signature and Contract Cover p, WASHINGTON Sheet forms. Dir/Dep Dir: BL Originator: Department: Shayla Ott Parks, Recreation & Community Services Date Sent: Date Required: > 04/05/2024 04/12/2024 0 Q Authorized to Sign: Date of Council Approval: QWIDirector or Designee NA Budget Account Number: Grant? Yes oNo P21082.64190.5xxx 857W Budget?W]Yes No Type: N/A Vendor Name: Category: All Around Fence Company Contract Vendor Number: Sub-Category: = 33539 Original 0 Fencing install at various Cityof Kent Parks Project Name: g 1.1. Project Details:Vendor to install fencing at various City of Kent Parks 0 c c Agreement Amount: $17 306.39 Basis for Selection of Contractor: Other *Memo to Mayor must be attached �1 Start Date: 04/12/2024 Termination Date: 06/30/2024 cm Q Local Business? 'Yes 91No* If meets requirements per KCC3.70.700,please complete'Vendor Purchase-Local Exceptions'form on Cityspace. Business License Verification:0 Yes In-Process Exempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: Yesw]No CAG2024-168 Comments: CM C 3 3 0 ILA •� i N ,7 a1 N Date Routed to the City Clerk's Office: 4/8/24 adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 KEN T WASHiNG,o1 PUBLIC WORKS AGREEMENT between City of Kent and All Around Fence Company THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and All Around Fence Company organized under the laws of the State of Washington, located and doing business at 13602 Pacific Avenue South Tacoma, WA 98444; Contact: Nicole Jacintho; Phone: (253) 863-4895 (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. The Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Vendor to supply material and install gates at Arbor Heights Park, Clark Lake Park, Kent Memorial Park, Morrill Meadows Park, Lake Meridian and Wilson Playfields as outlined in Exhibit A. The Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above within 15 working days after the City issues its Notice to Proceed. Upon the effective date of this Agreement, all physical work shall thereafter be completed by June 30t" 2024. The term of this Agreement shall continue until all work has been completed, final acceptance has occurred, and all Contractor obligations have been fulfilled. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed SEVENTEEN THOUSAND THREE HUNDRED SIX DOLLARS AND THIRTY NINE CENTS ($17,306.39), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor eighty-five percent (85%) of the Contract amount upon completion and acceptance of the work by the City, or at such earlier time as the City may determine is appropriate. The City will pay the remaining Contract amount upon fulfillment of the conditions listed below and throughout this Agreement. Card Payment Program. The Contractor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Contractor. If the Contractor voluntarily participates in this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Contractor shall not charge those fees back to the City. PUBLIC WORKS AGREEMENT - 1 ($20K or Less and No Performance Bond) A. No Payment and Performance Bond. Because this contract, including applicable sales tax, is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainage. The City shall also hold back a retainage in the amount of five percent (5%) of any and all payments made to the Contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of the Contractor's signature on the Agreement. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If the Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and the Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs"shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which the Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. PUBLIC WORKS AGREEMENT - 2 ($20K or Less and No Performance Bond) E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. The Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. The Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by the Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, the Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section IX, Claims, below. PUBLIC WORKS AGREEMENT - 3 ($20K or Less and No Performance Bond) The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Contractor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Contractor. IX. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: PUBLIC WORKS AGREEMENT - 4 ($20K or Less and No Performance Bond) 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). X. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. XI. WARRANTY. The Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall promptly correct all defects in workmanship and materials: (1) when the Contractor knows or should have known of the defect, or (2) upon the Contractor's receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Contractor shall execute the attached City of Kent Non-Discrimination Policy Declaration, and comply with City Administrative Policy 1.2. XIII. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's PUBLIC WORKS AGREEMENT - 5 ($20K or Less and No Performance Bond) performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, and the Contractor's liability accruing from that obligation shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then the Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIV. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XVI. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XIII of this Agreement. PUBLIC WORKS AGREEMENT - 6 ($20K or Less and No Performance Bond) D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Reauired. Prior to commencing the tasks described in Section I, the Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior PUBLIC WORKS AGREEMENT - 7 ($20K or Less and No Performance Bond) to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: CITY OF KENT: By:Bri By o .Fence Apr8,2024085 PDT) an T-1111ag,n&.'5,. :.PDT) Print Name: All Around Fence Print Name: Brian Levenhagen Its Office Administrator Its: Deputy Parks Director DATE: Apr 8,2024 DATE: Apr 5,2024 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Nicole Jacintho Ben Levenhagen All Around Fence Company City of Kent 13602 Pacific Avenue South 220 Fourth Avenue South Tacoma, WA 98444 Kent, WA 98032 (253) 863-4895 (telephone) (253) 856-5133 (telephone) allaroundfence@allaroundfencewa.com (email) Blevenhagen@kentwa.gov (email) ATTEST: ew� guk Kent City Clerk PUBLIC WORKS AGREEMENT - 8 ($20K or Less and No Performance Bond) 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 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such EEO COMPLIANCE DOCUMENTS - 2 direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure EEO COMPLIANCE DOCUMENTS - 3 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 •Al[Around Fence Apr8,202408:57 PDT) For: All Around Fence Company Title: Office Administrator -------------------- Date: Apr 8, 2024 -------------------- EEO COMPLIANCE DOCUMENTS - 4 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 BIDDER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded. The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (03/18/2024), the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. All Around Fence Company By: At < 857 PDT' Signature of Authorized Official* Printed Name: All Around Fence Title: Office Office Administrator -------------------- Date: Apr 8,2024 -------------------- City and State: Tacoma,WA -------------- *If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. BIDDER RESPONSIBILITY CRITERIA - 1 _ On-site Time of p Exhibit A All Around Fence Co. (AAFCO) estimate: 1 -� estimate date: b phone/Email quote date: Licensed, bonded, and insured. C Q PO Box 98909, Lakewood WA 98496 Estimator's name: V—eV)'yl jQ _{- ?� �` ENCF—CO, l� Office: 253-863-4895 Fax:253-863-0704 Revised date: Office use allaroundfence@allaroundfencewa.com Revised date: M/D: 10b name: C( PROPOSAL/CONTRACT LIC#ALLARAF839KS Contact person: l v+l Mgmt Co. : EAlibit A Phone#1: LZ53) '"14) - _1C)6 I Phone#2: Job site 4 15 A C., �� s_ hb Billing Address ifdifF: Email: saw � `V"A- O� i—f.1 ' Billing email if dill: ,1 Black, White Orna- a v Tan - Wood Clay mental Other Chain � link Vinyl Iron Footage Z, t Height PL O POSTS l Ct Terminal 'j,`' Line v � C Gate Material specs I Top rail S' Middle rail Bottom rail Tension wire Wood styles: Notes: PriceeZir Standard Estate ❑ Full Panel ❑ +-r Ap� �Gt� n Tax to be added u n a p e on. Picture Frame ❑ *ONCE YOU RETURN YOUR SIGNED CONTRACT TO US,YOU ARE AGREEING TO THE JOB AND YOU ARE Kirkland ❑ RESPONSIBLE FOR THE FULL PAYMENT(INCLUDES LABOR AND MATERIALS)EVEN IF YOU CANCEL THE JOB. Rambler ❑ *We propose hereby to furnish materials and labor-complete in accordance with the above specifications. *We have a$700.00 minimum plus materials. If you change your job and the price falls below that cost,you may be required Horizontal ❑ to pay the$700.00 minimum plus materials price. Shadow Board ❑ *One year warranty on workmanship&materials supplied by AAFCO. We do not warranty wood gates over 10'wide,no Lattice Top ❑ exceptions. We do not stain or paint fences. *This estimate is just an estimate and may be withdrawn by AAFCO if not accepted within 7 days. Custom ❑ *Most of our correspondence is done by email. Payment is due upon receipt of invoice.We accept checks&money orders.For a Gates' fee,we also accept debit and credit cards.Tax will be added to your job upon job completion. *THE CUSTOMER IS RESPONSIBLE FOR MARKING THEIR PRIVATE UTILITY LOCATIONS AND FENCE LINES. Single walk❑ AAFCO IS NOT RESPONSIBLE FOR UTILITY/SPRINKLER LINES. Single drive❑ I Double drive, — / Roll ❑ Estimator's Authorization: Hillside❑ The prices,specificationf,and conditions are satisfactory,understood,and are hereby accepted by my Clearing ❑ signature below: included if checked Tear out/Haul away Customer's signature: Date: included if checked On-site Time of f) cc All Around Fence Co. (AAFCO) estimate: U Licensed, bonded,and insured. estimate date: Phone/Email quote date: 46 PO Box 98909, Lakewood WA 98496 Estimator's name: 1 FENCE CO._ Office: 253-863-4895 Fax:253-863-0704 Revised date: office use allaroundfence@allaroundfencewa.com Revised date: M/D: Job name: � � � �/ PROPOSAL/CONTRACT LIC#ALLARAF839KS Contact person: ' . �en Mgmt Co. Phone#1: :;i _ _ Phone#2: Jab'Site . IL? i Billing Address if dill: Email' Billing email if diff: Black, WhiteOrna- a vv. Tan Wood Chain Clay mental Other link Vinyl Iron Footage A Height b �o .e Q POSTS Terminal j Line -7 Gate Material specs Top rail Middle rail ,I Bottom rail Tension wire Wood styles: Notes: Price: rI U Standard Estate ❑ Full Panel ❑ Tax to be added upon job completion. Picture Frame ❑ *ONCE YOU RETURN YOUR SIGNED CONTRACT TO US,YOU ARE AGREEING TO THE JOB AND YOU ARE Kirkland ❑ RESPONSIBLE FOR THE FULL PAYMENT(INCLUDES LABOR AND MATERIALS)EVEN IF YOU CANCEL THE JOB. Rambler❑ *We propose hereby to furnish materials and labor-complete in accordance with the above specifications. *We have a$700.00 minimum plus materials. If you change your job and the price falls below that cost,you may be required Horizontal ❑ to pay the$700.00 minimum plus materials price. Shadow Board ❑ *One year warranty on workmanship&materials supplied by AAFCO. We do not warranty wood gates over 10'wide,no Lattice Top ❑ exceptions. We do not stain or paint fences. *This estimate is just an estimate and may be withdrawn by AAFCO if not accepted within 7 days. Custom ❑ *Most of our correspondence is done by email. Payment is due upon receipt of invoice.We accept checks&money orders.For a Gates: fee,we also accept debit and credit cards.Tax will be added to your job upon job completion. *THE CUSTOMER IS RESPONSIBLE FOR MARKING THEIR PRIVATE UTILITY LOCATIONS AND FENCE LINES. Single walk❑ AAFCO IS NOT RESPONSIBLE FOR UTILITY/SPRINKLER LINES. Single drive❑ Double drive❑ Roll ❑ Estimator's Authorization: Hillside❑ The prices,specifications,and conditions are satisfactory,understood,and are hereby accepted by my Clearing El below: included if checked Tear out/Haul away Customer's signature: Date: included if checked On-site Time of All Around Fence Co. (AAFCO) �� �� estimate: estimate date: �►AR[i �� Licensed, bonded,and insured. phone/email quote date: > PO Box 98909, Lakewood WA 98496 Estimator's name: t FENCE CO. > Office: 253-863-4895 Fax:253-863-0704 Revised date: office use allaroundfence@allaroundfencewa.com Revised date: M/D: Job name: 6I PROPOSAL/CONTRACT LIC#ALLARAF839KS Contact person: �Y_I _� + I Mgmt Co. : Phone#1: Phone#2: Job site t_dy Billing Address if dill: _ r Email: n i Billing email if dill: V Y tt.,l _zleL i31 k, white Orna- Gafn Tan Wood Clay mental Other Chain link Vinyl Iron Footage ire-, Height 5ti fC 1l .�F. c f POSTS Terminal �`7�' `r t 44 Line K-QQ"-f% Gate cc t 3 1It ! Material specs Z.. „ �. Top rail Middle rail Bottom rail Tension wire Wood styles: Notes: Pric 3.4c lis Sj Standard Estate ❑ - i c'olef c- Full Panel ❑ Tax to be added upon job completion. Picture Frame ❑ *ONCE YOU RETURN YOUR SIGNED CONTRACT TO US,YOU ARE AGREEING TO THE JOB AND YOU ARE Kirkland ❑ RESPONSIBLE FOR THE FULL PAYMENT(INCLUDES LABOR AND MATERIALS)EVEN IF YOU CANCEL THE JOB. Rambler❑ *We propose hereby to furnish materials and labor-complete in accordance with the above specifications. *We have a$700.00 minimum plus materials. If you change your job and the price falls below that cost,you may be required Horizontal ❑ to pay the$700.00 minimum plus materials price. Shadow Board ❑ *One year warranty on workmanship&materials supplied by AAFCO. We do not warranty wood gates over IO'wide,no Lattice Top ❑ exceptions. We do not stain or paint fences. *This estimate is just an estimate and may be withdrawn by AAFCO if not accepted within 7 days. Custom ❑ *Most of our correspondence is done by email. Payment is due upon receipt of invoice.We accept checks&money orders.For a Gates: fee,we also accept debit and credit cards.Tax will be added to your job upon job completion. *THE CUSTOMER IS RESPONSIBLE FOR MARKING THEIR PRIVATE UTILITY LOCATIONS AND FENCE LINES. Single walk❑ AAFCO IS NOT RESPONSIBLE FOR UTILITY/SPRINKLER LINES. Single drive❑ Double drive❑ Roll ❑ Estimator's Authorization: Hillside❑ The prices,specifications,and conditions are satisfactory,understood,and are hereby accepted by my Clearing signature below: included if checked Tear out/Haul away Customer's signature: Date: included if checked On-site Time of Caw) aw) Licensed, bonded, and insured. All Around Fence Co. (AAFCO) „ / estimate: LJ T � estimate date: �- Phone/Email quote date: ! PO Box 98909, Lakewood WA 98496 Estimator's name: I 4 FENCE CO. IN Office: 253-863-4895 Fax: 253-863-0704 Revised date: office use allaroundfence@allaroundfencewa.com Revised date: M/D: Job name: Ir�1� PROPOSAL/CONTRACT LIC#ALLARAF839KS Contact person: Mgmt Co. : —�— Phone#1: _ _ Phone#2: Job site •� 4 Billing Address if dill: Email: ;?,V 1 f Billing email if diff: U U ack 1 White Orna- ii Tan Wood Chain clay mental Other e 1 n link Vinyl Iron Footage �, v� ;s Height 1l \ S 1 POSTS Terminal f77F , Line Gate Material specs Top rail 5 1 Middle rail Bottom rail Zp , Tension wire Wood styles: Notes: Price: i S(40 cr Standard Estate ❑ Full Panel ❑ Tax to be added upon In Picture Frame ❑ *ONCE YOU RETURN YOUR SIGNED CONTRACT TO US,YOU ARE AGREEING TO THE JOB A TM ARE Kirkland ❑ RESPONSIBLE FOR THE FULL PAYMENT(INCLUDES LABOR AND MATERIALS)EVEN IF YOU CANCEL THE JOB. Rambler ❑ *We propose hereby to furnish materials and labor-complete in accordance with the above specifications. *We have a$700.00 minimum plus materials. If you change your job and the price falls below that cost,you may be required Horizontal ❑ to pay the$700.00 minimum plus materials price. Shadow Board ❑ *One year warranty on workmanship&materials supplied by AAFCO. We do not warranty wood gates over IO'wide,no Lattice Top ❑ exceptions. We do not stain or paint fences. *This estimate is just an estimate and may be withdrawn by AAFCO if not accepted within 7 days. Custom ❑ *Most of our correspondence is done by email. Payment is due upon receipt of invoice.We accept checks&money orders.For a Gates: fee,we also accept debit and credit cards.Tax will be added to your job upon job completion. *THE CUSTOMER IS RESPONSIBLE FOR MARKING THEIR PRIVATE UTILITY LOCATIONS AND FENCE LINES. Single walk❑ AAFCO IS NOT RESPONSIBLE FOR UTILITY/SPRINKLER LINES. Single drive-B' j Double drive❑ Roll ❑ Estimator's Authorization: Hillside❑ The prices,specifications,and conditions are satisfactory,understood,and are hereby accepted by my Clearing ❑ signature below: included if checked Tear out/Haul away Customer's signature: Date: included if checked - �-1 i I iIIFI 1 � I i 1- 1 [ I I A � W C iL Nzz � II IFTi 4 I [ 4 I I ---------- - C _ On-site Time of �ARp All Around Fence Co. (AAFCO) estimate: Licensed, bonded, and insured. estimate date: Phone/Email quote date: lPO Box 98909, Lakewood WA 98496 Estimator's name: FENCE CO. Office: 253-863-4895 Fax:253-863-0704 Revised date: office use allaroundfence@allaroundfencewa.com Revised date: M/D: Job name: 1 Ia��� PROPOSAL/CONTRACT LIC#ALLARAF839KS Contact person: M1 Mgmt Co. : Phone#1: - L-ic)_ Phone#2: I Job site 01�' Email L' Billing Address if diff. v Billing email if dill: E3iac white Orna- Galv Tan Wood Chain clay mental Other V' link Vinyl Iron Footage ' Height l(1 POSTS Terminal Z'g Line Gate Material specs �/�'C( 1 Top rail fib' (o i { 1 f 1 c Middle rail Bottom rail Tension wire Wood styles: Notes: Price: Standard Estate ❑ Full Panel ❑ Tax to be added upon job completion. Picture Frame ❑ =F TAX *ONCE YOU RETURN YOUR SIGNED CONTRACT TO US,YOU ARE AGREEING TO THE JOB AND YOU ARE Kirkland ❑ RESPONSIBLE FOR THE FULL PAYMENT(INCLUDES LABOR AND MATERIALS)EVEN IF YOU CANCEL THE JOB. Rambler❑ *We propose hereby to furnish materials and labor-complete in accordance with the above specifications. *We have a$700.00 minimum plus materials. If you change your job and the price falls below that cost,you may be required Horizontal ❑ to pay the$700.00 minimum plus materials price. Shadow Board ❑ *One year warranty on workmanship&materials supplied by AAFCO. We do not warranty wood gates over 10'wide,no Lattice Top ❑ exceptions. We do not stain or paint fences. *This estimate is just an estimate and may be withdrawn by AAFCO if not accepted within 7 days. Custom ❑ *Most of our correspondence is done by email. Payment is due upon receipt of invoice.We accept checks&money orders.For a Gates: ytonE fee,we also accept debit and credit cards.Tax will be added to your job upon job completion. *THE CUSTOMER IS RESPONSIBLE FOR MARKING THEIR PRIVATE UTILITY LOCATIONS AND FENCE LINES. Single walk❑ AAFCO IS NOT RESPONSIBLE FOR UTILITY/SPRINKLER LINES. Single drive❑ Double drive❑ Roll❑ Estimator's Authorization: Hillside❑ The prices,specifications,and conditions are satisfactory,understood,and are hereby accepted by my Clearing ;, signature below: included if checked Tear out/Haul away —d Customer's signature: Date: included if checked I I I I I I I I - I I I I I � I - -- I I I f I I II On-site Time of All Around Fence Co. (AAFCO) estimate: f�''`AR���''' Licensed, bonded, and insured. estimate date: Phone/Email quote date: PO Box 98909, Lakewood WA 98496 Estimator's name: � FENCE CO. _ Office: 253-863-4895 Fax: 253-863-0704 Revised date: office use ' allaroundfence@allaroundfencewa.com Revised date: M/o: Job name: PROPOSAL/CONTRACT LIC#ALLARAF839KS Contact person: ^' L Mgmt CO. : Phone#1: a _ _ Phone#2: Job site — Billing Address if dill: Email: �} Billing email g diff. I White Orna- 1'1� 4'1 Tan Wood Chain clay mental Other link Vinyl Iron Footage l Height . _ s ,� u .� MM Y POSTS F _ V Terminalt Line { Gate Material specs Top rail Middle rail Bottom rail Tension wire Wood styles: Notes: r� Pricer ., Standard Estate ❑ Zo�] Full Panel ❑ Tax to be added upon job completion. Picture Frame ❑ *ONCE YOU RETURN YOUR SIGNED CONTRACT TO US,YOU ARE AGREEING TO THE JOB AND YOU ARE Kirkland ❑ RESPONSIBLE FOR THE FULL PAYMENT(INCLUDES LABOR AND MATERIALS)EVEN IF YOU CANCEL THE JOB. Rambler❑ *We propose hereby to furnish materials and labor-complete in accordance with the above specifications. *We have a$700.00 minimum plus materials. If you change your job and the price falls below that cost,you may be required Horizontal ❑ to pay the$700.00 minimum plus materials price. Shadow Board ❑ *One year warranty on workmanship&materials supplied by AAFCO. We do not warranty wood gates over 10'wide,no Lattice Top ❑ exceptions. We do not stain or paint fences. *This estimate is just an estimate and may be withdrawn by AAFCO if not accepted within 7 days. Custom ❑ *Most of our correspondence is done by email. Payment is due upon receipt of invoice.We accept checks&money orders.For a Gates: t fee,we also accept debit and credit cards.Tax will be added to your job upon job completion. *THE CUSTOMER IS RESPONSIBLE FOR MARKING THEIR PRIVATE UTILITY LOCATIONS AND FENCE LINES. Single walk❑ AAFCO IS NOT RESPONSIBLE FOR UTILITY/SPRINKLER LINES. Single drive❑ Double drive❑ � L`� Roll ❑ Estimator's Authorization: ,e Hillside❑ The prices,specifications,and conditions are satisfactory,understood,and are hereby accepted by my Clearing ❑ signature below: included if checked Tear included out/Haulif checked away ❑ Customer's signature: Date: Exhibit _B_ Insurance Requirements Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable if all the Primary and Umbrella or Excess Policies shall provide all the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. Automobile Liability insurance providing bodily injury and property damage liability coverage for all autos used in the performance of this Agreement. This coverage must be on a primary and non-contributory basis only. Coverage shall be written on ISO form CA 00 01, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 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. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. The above policy limits may be obtained with excess liability (umbrella) insurance. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability and Automobile Liability insurance: 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. ALLAROU-01 JTERRAZAS ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/28/2024 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Acrisure Northwest Partners Insurance Services,LLC PHONE (AicFAX No):(425)291-5100 19401 40th Ave W,Suite 440 (A/C,No,Ext):(800)442-1281 Lynnwood,WA 98036 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURER A:Midwest Family Mutual Insurance Company 23574 INSURED INSURER B: All Around Fence Company INSURER 7 PO Box 98909 INSURER D: Lakewood,WA 98496 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR CPWA0560134159 1/15/2024 1/15/2025 DAMAGE TO RENTED 50,000 X X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 1,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY� JECT � LOC PRODUCTS-COMP/OP AGG $ 2,000,000 X OTHER:WA Stop Gap WA Stop Gap $ 1,000,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X X CPWA0560134159 1/15/2024 1/15/2025 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED L $ NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE CPWA0560134159 1/15/2024 1/15/2025 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Kent YMCA Dog Park-Loc.:10828 SE 248th St Kent 98030 The certificate holder is additional insured per the attached endorsement MFMBP036 0918&MFMCA005 0520. Waiver of subrogation per the attached endorsement MFMBP036 0918&MFMCA005 0520. Primary&non-contributory coverage per the attached endorsement MFMBP036 0918. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South Kent,WA 98032-5838 AUTHORIZED REPRESENTATIVE ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BUSINESSOWNERS BP 07 02 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Section II— Liability is amended as follows: Under Paragraph D.4.b Liability And Medical Ex- penses Limits Of Insurance, the aggregate limit for all "bodily injury" and "property damage" other than "bodily injury" or "property damage" included in the "products-completed operations hazard" applies sepa- rately to each of your projects away from premises owned by or rented to you. A separate aggregate will apply for projects at premises owned by or rented to you. BP 07 02 07 02 © ISO Properties, Inc., 2001 Page 1 of 1 ❑ COMMERCIAL LIABILITY UMBRELLA CU 00 01 04 13 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. No other obligation or liability to pay sums or Read the entire policy carefully to determine rights, perform acts or services is covered unless duties and what is and is not covered. explicitly provided for under Supplementary Throughout this policy the words "you" and "your" Payments—Coverages A and B. refer to the Named Insured shown in the Declarations, b. This insurance applies to "bodily injury" or and any other person or organization qualifying as a "property damage" that is subject to an Named Insured under this policy. The words "we", applicable "retained limit". If any other limit, "us" and "our" refer to the company providing this such as a sublimit, is specified in the insurance. "underlying insurance", this insurance does not The word "insured" means any person or organization apply to "bodily injury" or "property damage" qualifying as such under Section II — Who Is An arising out of that exposure unless that limit is Insured. specified in the Declarations under the Other words and phrases that appear in quotation Schedule of"underlying insurance". marks have special meaning. Refer to Section V — c. This insurance applies to "bodily injury" and Definitions. "property damage"only if: SECTION I—COVERAGES (1) The "bodily injury" or "property damage" is COVERAGE A—BODILY INJURY AND PROPERTY caused by "occurrence" that takes place DAMAGE LIABILITY in the "coverage ge territory"; 1. Insuring Agreement (2) The "bodily injury" or "property damage" g g occurs during the policy period; and a. We will pay on behalf of the insured the (3) Prior to the policy period, no insured listed "ultimate net loss" in excess of the "retained under Paragraph 1.a. of Section II —Who Is limit" because of "bodily injury" or "property An Insured and no "employee" authorized damage" to which this insurance applies. We by you to give or receive notice of an will have the right and duty to defend the "occurrence" or claim, knew that the "bodily insured against any "suit" seeking damages for injury" or "property damage" had occurred, such "bodily injury" or "property damage" when in whole or in part. If such a listed insured the "underlying insurance" does not provide or authorized "employee" knew, prior to the coverage or the limits of"underlying insurance" policy period, that the "bodily injury" or have been exhausted. When we have no duty "property damage" occurred, then any to defend, we will have the right to defend, or continuation, change or resumption of such to participate in the defense of, the insured "bodily injury" or "property damage" during against any other "suit" seeking damages to or after the policy period will be deemed to which this insurance may apply. However, we have been known prior to the policy period. will have no duty to defend the insured against d. "Bodily injury" or "property damage" which any suit seeking damages for bodily injury occurs during the policy period and was not, or property damage to which this insurance does not apply. At our discretion, we may prior to the policy period, known to have occurred by any insured listed under investigate any "occurrence" that may involve this insurance and settle any resultant claim or Paragraph 1.a. of Section II — Who Is An "suit" for which we have the duty to defend. Insured or any "employee" authorized by you to But: give or receive notice of an "occurrence" or claim, includes any continuation, change or (1) The amount we will pay for the "ultimate net resumption of that "bodily injury" or "property loss" is limited as described in Section III — damage" after the end of the policy period. Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. CU 00 01 0413 © Insurance Services Office, Inc., 2012 Page 1 of 18 e. "Bodily injury" or "property damage" will be (b) Such attorneys' fees and litigation deemed to have been known to have occurred expenses are for defense of that party at the earliest time when any insured listed against a civil or alternative dispute under Paragraph 1.a. of Section II —Who Is An resolution proceeding in which damages Insured or any "employee" authorized by you to to which this insurance applies are give or receive notice of an "occurrence" or alleged. claim: c. Liquor Liability (1) Reports all, or any part, of the "bodily injury" "Bodily injury" or "property damage" for which or "property damage" to us or any other any insured may be held liable by reason of: insurer; (2) Receives a written or verbal demand or (1) Causing or contributing to the intoxication of any person; claim for damages because of the "bodily 2 The furnishing of alcoholic beverages to a injury or property damage"; or ( ) g g (3) Becomes aware by any other means that person under the legal drinking age or "bodily injury" or "property damage" has under the influence of alcohol; or occurred or has begun to occur. (3) Any statute, ordinance or regulation relating f. Damages because of "bodily injury" include to the sale, gift, distribution or use of damages claimed by any person or alcoholic beverages. organization for care, loss of services or death This exclusion applies even if the claims resulting at any time from the"bodily injury". against any insured allege negligence or other 2. Exclusions wrongdoing in: (a) The supervision, hiring, employment, This insurance does not apply to: training or monitoring of others by that a. Expected Or Intended Injury insured; or "Bodily injury" or "property damage" expected (b) Providing or failing to provide or intended from the standpoint of the insured. transportation with respect to any This exclusion does not apply to "bodily injury" person that may be under the influence resulting from the use of reasonable force to of alcohol; protect persons or property. if the "occurrence" which caused the "bodily b. Contractual Liability injury" or "property damage" involved that "Bodily injury" or "property damage" for which which is described in Paragraph (1), (2) or (3) the insured is obligated to pay damages by above. reason of the assumption of liability in a However, this exclusion applies only if you are contract or agreement. This exclusion does not in the business of manufacturing, distributing, apply to liability for damages: selling, serving or furnishing alcoholic (1) That the insured would have in the absence beverages. For the purposes of this exclusion, of the contract or agreement; or permitting a person to bring alcoholic beverages on your premises, for consumption (2) Assumed in a contract or agreement that is on premises,remises, whether or not a fee is Y an "insured contract", provided the "bodily charged or a license is required for such injury" or "property damage" occurs activity, is not by itself considered the business subsequent to the execution of the contract of selling, serving or furnishing alcoholic or agreement. Solely for the purposes of beverages. liability assumed in an "insured contract", g reasonable attorneys' fees and necessary This exclusion does not apply to the extent that litigation expenses incurred by or for a party valid "underlying insurance" for the liquor other than an insured are deemed to be liability risks described above exists or would damages because of "bodily injury" or have existed but for the exhaustion of "property damage", provided: underlying limits for "bodily injury" and "property damage". To the extent this exclusion (a) Liability to such party for, or for the cost does not apply, the insurance provided under of, that party's defense has also been this Coverage Part for the liquor liabilityrisks assumed in the same "insured contract"; g ll described above will follow the same and provisions, exclusions and limitations that are contained in the applicable "underlying insurance", unless otherwise directed by this insurance. Page 2 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 04 13 d. Workers' Compensation And Similar Laws This exclusion does not apply to the extent that Any obligation of the insured under a workers' valid "underlying insurance" for the employer's compensation, disability benefits or liability risks described above exists or would unemployment compensation law or any have existed but for the exhaustion of similar law. underlying limits for "bodily injury". To the extent this exclusion does not apply, the e. ERISA insurance provided under this Coverage Part Any obligation of the insured under the for the employer's liability risks described Employee Retirement Income Security Act of above will follow the same provisions, 1974 (ERISA), and any amendments thereto or exclusions and limitations that are contained in any similar federal, state or local statute. the applicable "underlying insurance", unless f. Auto Coverages otherwise directed by this insurance. (1) "Bodily injury" or "property damage" arising h. Employment-related Practices out of the ownership, maintenance or use of "Bodily injury"to: any"auto" which is not a "covered auto"; or (1) A person arising out of any: (2) Any loss, cost or expense payable under or (a) Refusal to employ that person; resulting from any first-party physical damage coverage; no-fault law; personal (b) Termination of that person's injury protection or auto medical payments employment; or coverage; or uninsured or underinsured (c) Employment-related practices, policies, motorist law. acts or omissions, such as coercion, g. Employer's Liability demotion, evaluation, reassignment, discipline, defamation, harassment, "Bodily injury"to: humiliation, discrimination or malicious (1) An "employee" of the insured arising out of prosecution directed at that person; or and in the course of: (2) The spouse, child, parent, brother or sister (a) Employment by the insured; or of that person as a consequence of "bodily (b) Performing duties related to the conduct injury" to that person at whom any of the of the insured's business; or employment-related practices described in (2) The spouse, child, parent, brother or sister Paragraph (a), (b), or(c) above is directed. of that "employee" as a consequence of This exclusion applies whether the injury- Paragraph (1) above. causing event described in Paragraph (a), (b) or (c) above occurs before employment, during This exclusion applies whether the insured employment or after employment of that may be liable as an employer or in any other person. capacity, and to any obligation to share damages with or repay someone else who This exclusion applies whether the insured must pay damages because of the injury. may be liable as an employer or in any other capacity, and to any obligation to share This exclusion does not apply to liability damages with or repay someone else who assumed by the insured under an "insured must pay damages because of the injury. contract". i. Pollution With respect to injury arising out of a "covered (1) "Bodily injury" or "property damage" which auto", this exclusion does not apply to bodily injury" to domestic "employees" not entitled to would not have occurred in whole or part workers' compensation benefits. For the but for the actual, alleged or threatened purposes of this insurance, a domestic discharge, dispersal, seepage, migration, "employee" is a person engaged in household release or escape of pollutants at any or domestic work performed principally in time; or connection with a residence premises. (2) "Pollution cost or expense". CU 00 01 0413 © Insurance Services Office, Inc., 2012 Page 3 of 18 This exclusion does not apply if valid (5) Aircraft that is: "underlying insurance" for the pollution liability (a) Chartered by, loaned to, or hired by you risks described above exists or would have with a paid crew; and existed but for the exhaustion of underlying limits for "bodily injury" and "property damage". (b) Not owned by any insured. To the extent this exclusion does not apply, the k. Racing Activities insurance provided under this Coverage Part "Bodily injury" or "property damage" arising out for the pollution risks described above will of the use of "mobile equipment" or "autos" in, follow the same provisions, exclusions and or while in practice for, or while being prepared limitations that are contained in the applicable for, any prearranged professional or organized underlying insurance", unless otherwise racing, speed, demolition, or stunting activity or directed by this insurance. contest. j. Aircraft Or Watercraft I. War "Bodily injury" or "property damage" arising out "Bodily injury" or "property damage", however of the ownership, maintenance, use or caused, arising, directly or indirectly, out of: entrustment to others of any aircraft or watercraft owned or operated by or rented or (1) War, including undeclared or civil war; loaned to any insured. Use includes operation (2) Warlike action by a military force, including and "loading or unloading". action in hindering or defending against an This exclusion applies even if the claims actual or expected attack, by any against any insured allege negligence or other government, sovereign or other authority wrongdoing in the supervision, hiring, using military personnel or other agents; or employment, training or monitoring of others by (3) Insurrection, rebellion, revolution, usurped that insured, if the "occurrence" which caused power, or action taken by governmental the "bodily injury" or "property damage" authority in hindering or defending against involved the ownership, maintenance, use or any of these. entrustment to others of any aircraft or m. Damage To Property watercraft that is owned or operated by or rented or loaned to any insured. "Property damage" to: This exclusion does not apply to: (1) Property: (1) A watercraft while ashore on premises you (a) You own, rent, or occupy, including any own or rent; costs or expenses incurred by you, or (2) A watercraft you do not own that is: any other person, organization or entity, for repair, replacement, enhancement, (a) Less than 50 feet long; and restoration or maintenance of such (b) Not being used to carry persons or property for any reason, including property for a charge; prevention of injury to a person or (3) Liability assumed under any "insured damage to another's property; or contract" for the ownership, maintenance or (b) Owned or transported by the insured use of aircraft or watercraft; and arising out of the ownership, (4) The extent that valid "underlying insurance" maintenance or use of a "covered auto". for the aircraft or watercraft liability risks (2) Premises you sell, give away or abandon, if described above exists or would have the "property damage" arises out of any existed but for the exhaustion of underlying part of those premises; limits for "bodily injury" or "property (3) Property loaned to you; damage". To the extent this exclusion does (4) Personal property in the care, custody or not apply, the insurance provided under this Coverage Part for the aircraft or watercraft control of the insured; risks described above will follow the same (5) That particular part of real property on provisions, exclusions and limitations that which you or any contractors or are contained in the "underlying insurance", subcontractors working directly or indirectly unless otherwise directed by this insurance; on your behalf are performing operations, if or the "property damage" arises out of those operations; or Page 4 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 04 13 (6) That particular part of any property that (3) "Impaired property"; must be restored, repaired or replaced if such product, work, or property is withdrawn because your work was incorrectly or recalled from the market or from use by any performed on it. person or organization because of a known or Paragraph (2) of this exclusion does not apply suspected defect, deficiency, inadequacy or if the premises are "your work" and were never dangerous condition in it. occupied, rented or held for rental by you. r. Personal And Advertising Injury Paragraphs (1)(b), (3), (4), (5) and (6) of this "Bodily injury" arising out of "personal and exclusion do not apply to liability assumed advertising injury". under a sidetrack agreement. s. Professional Services Paragraphs (3) and (4) of this exclusion do not apply to liability assumed under a written "Bodily injury" or "property damage" due to Trailer Interchange agreement. rendering of or failure to render any Paragraph (6) of this exclusion does not apply professional service. This includes but is notlimited to: to "property damage" included in the "products- completed operations hazard". (1) Legal, accounting or advertising services; n. Damage To Your Product (2) Preparing, approving, or failing to prepare "Property damage" to "your product" arising out or approve, maps, shop drawings, opinions, reports, surveys, field orders, change of it or any part of it. orders or drawings or specifications; o. Damage To Your Work (3) Inspection, supervision, quality control, "Property damage" to "your work" arising out of architectural or engineering activities done it or any part of it and included in the "products- by or for you on a project on which you completed operations hazard". serve as construction manager; This exclusion does not apply if the damaged (4) Engineering services, including related work or the work out of which the damage supervisory or inspection services; arises was performed on your behalf by a (5) Medical, surgical, dental, X-ray or nursing subcontractor. services treatment, advice or instruction; p. Damage To Impaired Property Or Property (6) Any health or therapeutic service treatment, Not Physically Injured advice or instruction; "Property damage" to "impaired property" or (7) Any service, treatment, advice or instruction property that has not been physically injured, arising out of: for the purpose of appearance or skin enhancement, hair removal or replacement, (1) A defect, deficiency, inadequacy or or personal grooming or therapy; dangerous condition in "your product" or (8) Any service, treatment, advice or instruction "your work"; or relating to physical fitness, including (2) A delay or failure by you or anyone acting service, treatment, advice or instruction in on your behalf to perform a contract or connection with diet, cardiovascular fitness, agreement in accordance with its terms. bodybuilding or physical training programs; This exclusion does not apply to the loss of use (9) Optometry or optical or hearing aid services of other property arising out of sudden and including the prescribing, preparation, accidental physical injury to "your product" or fitting, demonstration or distribution of "your work" after it has been put to its intended ophthalmic lenses and similar products or use. hearing aid devices; q. Recall Of Products,Work Or Impaired (10) Body piercing services; Property (11) Services in the practice of pharmacy; Damages claimed for any loss, cost or (12) Law enforcement or firefighting services; expense incurred by you or others for the loss and of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal (13) Handling, embalming, disposal, burial, of: cremation or disinterment of dead bodies. (1) "Your product"; (2) "Your work"; or CU 00 01 0413 © Insurance Services Office, Inc., 2012 Page 5 of 18 This exclusion applies even if the claims COVERAGE B—PERSONAL AND ADVERTISING against any insured allege negligence or other INJURY LIABILITY wrongdoing in the supervision, hiring, 1. Insuring Agreement employment, training or monitoring of others by a. We will a on behalf of the insured the that insured, if the occurrence which caused pay the "bodily injury" or "property damage", "ultimate net loss" in excess of the "retained involved the rendering of or failure to render limit" because of "personal and advertising any professional service. injury" to which this insurance applies. We will have the right and duty to defend the insured t. Electronic Data against any "suit" seeking damages for such Damages arising out of the loss of, loss of use "personal and advertising injury" when the of, damage to, corruption of, inability to access "underlying insurance" does not provide or inability to manipulate electronic data. coverage or the limits of"underlying insurance" However, this exclusion does not apply to have been exhausted. When we have no duty liability for damages because of"bodily injury". to defend, we will have the right to defend, or to participate in the defense of, the insured As used in this exclusion, electronic data against any other "suit" seeking damages to means information, facts or programs stored as which this insurance may apply. However, we or on, created or used on, or transmitted to or will have no duty to defend the insured against from computer software, including systems and any "suit" seeking damages for "personal and applications software, hard or floppy disks, CD- advertising injury" to which this insurance does ROMs, tapes, drives, cells, data processing not apply. At our discretion, we may investigate devices or any other media which are used any offense that may involve this insurance with electronically controlled equipment. and settle any resultant claim or"suit"for which This exclusion does not apply if valid we have the duty to defend. But: "underlying insurance" for the electronic data (1) The amount we will pay for the "ultimate net risks described above exists or would have loss" is limited as described in Section III — existed but for the exhaustion of underlying Limits Of Insurance; and limits for "bodily injury" and "property damage". The insurance provided under this Coverage (2) Our right and duty to defend end when we Part will follow the same provisions, exclusions have used up the applicable limit of and limitations that are contained in the insurance in the payment of judgments or applicable "underlying insurance", unless settlements under Coverages A or B. otherwise directed by this insurance. No other obligation or liability to pay sums or u. Recording And Distribution Of Material Or perform acts or services is covered unless Information In Violation Of Law explicitly provided for under Supplementary "Bodily injury" or "property damage" arising Payments—Coverages A and B. directly or indirectly out of any action or b. This insurance applies to "personal and omission that violates or is alleged to violate: advertising injury" that is subject to an applicable "retained limit". If any other limit, (1) The Telephone Consumer Protection Act such as a sublimit, is specified in the (TCPA), including any amendment of or "underlying insurance", this insurance does not addition to such law; apply to "personal and advertising injury" (2) The CAN-SPAM Act of 2003, including any arising out of that exposure unless that limit is amendment of or addition to such law; specified in the Declarations under the (3) The Fair Credit Reporting Act (FCRA), and Schedule of"underlying insurance". any amendment of or addition to such law, c. This insurance applies to "personal and including the Fair and Accurate Credit advertising injury" caused by an offense arising Transactions Act (FACTA); or out of your business but only if the offense was (4) Any federal, state or local statute, committed in the "coverage territory" during the ordinance or regulation, other than the policy period. TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Page 6 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 04 13 2. Exclusions (9) Infringement Of Copyright, Patent, This insurance does not apply to: Trademark Or Trade Secret a. "Personal and advertising injury": Arising out of the infringement of copyright, 1 Knowing Violation Of Rights Of Another patent, trademark, trade secret or other ( ) g g intellectual property rights. Under this Caused by or at the direction of the insured exclusion, such other intellectual property with the knowledge that the act would rights do not include the use of another's violate the rights of another and would inflict advertising idea in your"advertisement". "personal and advertising injury". However, this exclusion does not apply to (2) Material Published With Knowledge Of infringement, in your "advertisement", of Falsity copyright, trade dress or slogan. Arising out of oral or written publication, in (10) Insureds In Media And Internet Type any manner, of material, if done by or at the Businesses direction of the insured with knowledge of Committed by an insured whose business its falsity. is: (3) Material Published Prior To Policy a Advertising, broadcasting, Period ( ) 9� g, publishing or telecasting; Arising out of oral or written publication, in (b) Designing or determining content of web any manner, of material whose first sites for others; or publication took place before the beginning of the policy period. (c) An Internet search, access, content or service provider. (4) Criminal Acts However, this exclusion does not apply to Arising out of a criminal act committed by or Paragraphs 14.a., b. and c. of "personal at the direction of the insured. and advertising injury" under the Definitions (5) Contractual Liability section. For which the insured has assumed liability For the purposes of this exclusion, the in a contract or agreement. This exclusion placing of frames, borders or links, or does not apply to: advertising, for you or others anywhere on (a) Liability for damages that the insured the Internet, is not by itself, considered the would have in the absence of the business of advertising, broadcasting, contract or agreement. publishing or telecasting. (b) Liability for false arrest, detention or (11) Electronic Chatrooms Or Bulletin imprisonment assumed in a contract or Boards agreement. Arising out of an electronic chatroom or (6) Breach Of Contract bulletin board the insured hosts, owns, or over which the insured exercises control. Arising out of a breach of contract, except (12) Unauthorized Use Of Another's Name Or an implied contract to use another's advertising idea in your"advertisement". Product (7) Quality Or Performance Of Goods— Arising out of the unauthorized use of Failure To Conform To Statements another's name or product in your e-mail address, domain name or metatag, or any Arising out of the failure of goods, products other similar tactics to mislead another's or services to conform with any statement potential customers. of quality or performance made in your (13) Pollution "advertisement". (8) Wrong Description Of Prices Arising out of the actual, alleged or threatened discharge, dispersal, seepage, Arising out of the wrong description of the migration, release or escape of "pollutants" price of goods, products or services stated at any time. in your"advertisement". CU 00 01 0413 © Insurance Services Office, Inc., 2012 Page 7 of 18 (14) Employment-related Practices (f) Any health or therapeutic service To: treatment, advice or instruction; (a) A person arising out of any: (g) Any service, treatment, advice or instruction for the purpose of (i) Refusal to employ that person; appearance or skin enhancement, hair (ii) Termination of that person's removal or replacement, or personal employment; or grooming or therapy; (iii) Employment-related practices, (h) Any service, treatment, advice or policies, acts or omissions, such as instruction relating to physical fitness, coercion, demotion, evaluation, including service, treatment, advice or reassignment, discipline, defamation, instruction in connection with diet, harassment, humiliation, cardiovascular fitness, bodybuilding or discrimination or malicious physical training programs; prosecution directed at that person; (i) Optometry or optical or hearing aid or services including the prescribing, (b) The spouse, child, parent, brother or preparation, fitting, demonstration or sister of that person as a consequence distribution of ophthalmic lenses and of "personal and advertising injury" to similar products or hearing aid devices; that person at whom any of the (j) Body piercing services; employment-related practices described in Paragraph (i), (ii) or (iii) above is (k) Services in the practice of pharmacy; directed. (1) Law enforcement or firefighting services; This exclusion applies whether the injury- and causing event described in Paragraph (i), (m) Handling, embalming, disposal, burial, (ii) or (iii) above occurs before cremation or disinterment of dead employment, during employment or after bodies. employment of that person. This exclusion applies even if the claims This exclusion applies whether the insured against any insured allege negligence or may be liable as an employer or in any other wrongdoing in the supervision, hiring, other capacity, and to any obligation to employment, training or monitoring of share damages with or repay someone else others by that insured, if the offense which who must pay damages because of the caused the "personal and advertising injury. injury", involved the rendering of or failure (15) Professional Services to render any professional service. Arising out of the rendering of or failure to (16) War render any professional service. This However caused, arising, directly or includes but is not limited to: indirectly, out of: (a) Legal, accounting or advertising (a) War, including undeclared or civil war; services; (b) Warlike action by a military force, (b) Preparing, approving, or failing to including action in hindering or prepare or approve, maps, shop defending against an actual or expected drawings, opinions, reports, surveys, attack, by any government, sovereign or field orders, change orders or drawings other authority using military personnel or specifications; or other agents; or (c) Inspection, supervision, quality control, (c) Insurrection, rebellion, revolution, architectural or engineering activities usurped power, or action taken by done by or for you on a project on which governmental authority in hindering or you serve as construction manager; defending against any of these. (d) Engineering services, including related supervisory or inspection services; (e) Medical, surgical, dental, X-ray or nursing services treatment, advice or instruction; Page 8 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 04 13 (17) Recording And Distribution Of Material f. Prejudgment interest awarded against the Or Information In Violation Of Law insured on that part of the judgment we pay. If Arising directly or indirectly out of any we make an offer to pay the applicable limit of action or omission that violates or is alleged insurance, we will not pay any prejudgment to violate: interest based on that period of time after the offer. (a) The Telephone Consumer Protection Act (TCPA), including any amendment 9• All interest on the full amount of any judgment such law; that accrues after entry of the judgment and of or addition in b The CAN-SPAM Act of 2003, including before we have paid, offered to pay, or ( ) g deposited in court the part of the judgment that any amendment of or addition to such is within the applicable limit of insurance. law; These payments will not reduce the limits of (c) The Fair Credit Reporting Act (FCRA), insurance. and any amendment of or addition to 2 When we have the right but not the duty to defend such law, including the Fair and Accurate Credit Transactions Act the insured and elect to participate in the defense, Accurate ); or we will pay our own expenses but will not (FACTAcontribute to the expenses of the insured or the (d) Any federal, state or local statute, "underlying insurer". ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or 3. If we defend an insured against a "suit" and an FCRA and their amendments and indemnitee of the insured is also named as a party additions, that addresses, prohibits, or to the "suit", we will defend that indemnitee if all of limits the printing, dissemination, the following conditions are met: disposal, collecting, recording, sending, a. The "suit" against the indemnitee seeks transmitting, communicating or damages for which the insured has assumed distribution of material or information. the liability of the indemnitee in a contract or b. "Pollution cost or expense". agreement that is an "insured contract"; SUPPLEMENTARY PAYMENTS—COVERAGES A b. This insurance applies to such liability AND B assumed by the insured; 1. We will pay, with respect to any claim we c. The obligation to defend, or the cost of the investigate or settle, or any suit against an defense of, that indemnitee, has also been insured we defend, when the duty to defend assumed by the insured in the same "insured exists: contract"; a. All expenses we incur. d. The allegations in the "suit" and the information we know about the "occurrence" are such that b. Up to $2,000 for cost of bail bonds (including no conflict appears to exist between the bonds for related traffic law violations) required interests of the insured and the interests of the because of an "occurrence" we cover. We do indemnitee; not have to furnish these bonds. e. The indemnitee and the insured ask us to c. The cost of bonds to release attachments, but conduct and control the defense of that only for bond amounts within the applicable indemnitee against such "suit" and agree that limit of insurance. We do not have to furnish we can assign the same counsel to defend the these bonds. insured and the indemnitee; and d. All reasonable expenses incurred by the f. The indemnitee: insured at our request to assist us in the investigation or defense of the claim or "suit", (1) Agrees in writing to: including actual loss of earnings up to $250 a (a) Cooperate with us in the investigation, day because of time off from work. settlement or defense of the "suit"; e. All court costs taxed against the insured in the (b) Immediately send us copies of any "suit". However, these payments do not include demands, notices, summonses or legal attorneys' fees or attorneys' expenses taxed papers received in connection with the against the insured. "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and CU 00 01 0413 © Insurance Services Office, Inc., 2012 Page 9 of 18 (d) Cooperate with us with respect to (5) A trust, you are an insured. Your trustees coordinating other applicable insurance are also insureds, but only with respect to available to the indemnitee; and their duties as trustees. (2) Provides us with written authorization to: b. Each of the following is also an insured: (a) Obtain records and other information (1) Your "volunteer workers" only while related to the "suit"; and performing duties related to the conduct of (b) Conduct and control the defense of the your business, or your "employees", other than either your "executive officers" (if you indemnitee in such "suit". are an organization other than a So long as the above conditions are met, partnership, joint venture or limited liability attorneys' fees incurred by us in the defense of company) or your managers (if you are a that indemnitee, necessary litigation expenses limited liability company), but only for acts incurred by us and necessary litigation expenses within the scope of their employment by you incurred by the indemnitee at our request will be or while performing duties related to the paid as Supplementary Payments. conduct of your business. However, none of Notwithstanding the provisions of Paragraph these "employees" or "volunteer workers" 2.b.(2) of Section I — Coverage A — Bodily Injury are insureds for: And Property Damage Liability, such payments will "bodily "Bodily injury" or "personal and not be deemed to be damages for bodily injury and "property damage" and will not reduce the advertising injury limits of insurance. (i) To you, to your partners or members Our obligation to defend an insured's indemnitee (if you are a partnership or joint and to pay for attorneys' fees and necessary venture), to your members (if you are a limited liability company), to a co- litigation expenses as Supplementary Payments "employee" in the course of his or ends when we have used up the applicable limit of her employment or performing duties insurance in the payment of judgments or related to the conduct of your settlements or the conditions set forth above, or business or to your other "volunteer the terms of the agreement described in workers" while performing duties Paragraph f. above, are no longer met. related to the conduct of your SECTION II—WHO IS AN INSURED business; 1. Except for liability arising out of the ownership, (ii) To the spouse, child, parent, brother maintenance or use of"covered autos": or sister of that co-"employee" or a. If you are designated in the Declarations as: "volunteer worker"as a consequence (1) An individual, you and your spouse are of Paragraph (a)(i) above; or insureds, but only with respect to the (iii) For which there is any obligation to conduct of a business of which you are the share damages with or repay sole owner. someone else who must pay (2) A partnership or joint venture, you are an damages because of the injury insured. Your members, your partners, and described in Paragraph (a)(i) or (ii) above. their spouses are also insureds, but only (b) "Property damage" to property: with respect to the conduct of your business. (i) Owned, occupied or used by; (3) A limited liability company, you are an (ii) Rented to, in the care, custody or insured. Your members are also insureds, control of, or over which physical but only with respect to the conduct of your control is being exercised for any business. Your managers are insureds, but purpose by; only with respect to their duties as your you, any of your"employees", "volunteer managers. workers", any partner or member (if you (4) An organization other than a partnership, are a partnership or joint venture), or joint venture or limited liability company, any member (if you are a limited liability you are an insured. Your "executive company). officers" and directors are insureds, but only (2) Any person (other than your "employee" or with respect to their duties as your officers "volunteer worker"), or any organization or directors. Your stockholders are also while acting as your real estate manager. insureds, but only with respect to their liability as stockholders. Page 10 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 04 13 (3) Any person or organization having proper (4) Anyone other than your "employees", temporary custody of your property if you partners (if you are a partnership), die, but only: members (if you are a limited liability (a) With respect to liability arising out of the company), or a lessee or borrower or any of maintenance or use of that property; their "employees", while moving property to and or from a "covered auto". (b) Until your legal representative has been (5) A partner (if you are a partnership), or a appointed. member (if you are a limited liability (4) Your legal representative if you die, but only company) for a "covered auto" owned by with respect to duties as such. That him or her or a member of his or her representative will have all your rights and household. duties under this Coverage Part. (6) "Employees" with respect to "bodily injury" c. Any organization you newly acquire or form, to: other than a partnership,joint venture or limited (a) Any fellow "employee" of the insured liability company, and over which you maintain arising out of and in the course of the ownership or majority interest, will qualify as a fellow "employee's" employment or Named Insured if there is no other similar while performing duties related to the insurance available to that organization. conduct of your business; or However: (b) The spouse, child, parent, brother or (1) Coverage under this provision is afforded sister of that fellow "employee" as a only until the 90th day after you acquire or consequence of Paragraph (a) above. form the organization or the end of the c. Anyone liable for the conduct of an insured policy period, whichever is earlier; described above is also an insured, but only to (2) Coverage A does not apply to "bodily injury" the extent of that liability. or "property damage" that occurred before 3. Any additional insured under any policy of you acquired or formed the organization; "underlying insurance" will automatically be an and insured under this insurance. (3) Coverage B does not apply to "personal Subject to Section III — Limits Of Insurance, if and advertising injury" arising out of an coverage provided to the additional insured is offense committed before you acquired or required by a contract or agreement, the most we formed the organization. will pay on behalf of the additional insured is the 2. Only with respect to liability arising out of the amount of insurance: ownership, maintenance or use of "covered a. Required by the contract or agreement, less autos": any amounts payable by any "underlying a. You are an insured. insurance"; or b. Anyone else while using with your permission a b. Available under the applicable Limits of "covered auto" you own, hire or borrow is also Insurance shown in the Declarations; an insured except: whichever is less. (1) The owner or anyone else from whom you Additional insured coverage provided by this hire or borrow a "covered auto". This insurance will not be broader than coverage exception does not apply if the "covered provided by the "underlying insurance". auto" is a trailer or semitrailer connected to No person or organization is an insured with respect a "covered auto"you own. to the conduct of any current or past partnership, joint (2) Your "employee" if the "covered auto" is venture or limited liability company that is not shown owned by that "employee" or a member of as a Named Insured in the Declarations. his or her household. (3) Someone using a "covered auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. CU 00 01 0413 © Insurance Services Office, Inc., 2012 Page 11 of 18 SECTION III— LIMITS OF INSURANCE SECTION IV—CONDITIONS 1. The Limits of Insurance shown in the Declarations 1. Appeals and the rules below fix the most we will pay If the "underlying insurer" or insured elects not to regardless of the number of: appeal a judgment in excess of the "retained limit", a. Insureds; we may do so at our own expense. We will also b. Claims made, "suits" brought, or number of pay for taxable court costs, pre- and postjudgment vehicles involved; or interest and disbursements associated with such appeal. In no event will this provision increase our c. Persons or organizations making claims or liabilitybeyond the applicable Limits of Insurance bringing y pp 9 9 "suits". described in Section III— Limits Of Insurance. 2. The Aggregate Limit is the most we will pay for the 2. Bankruptcy sum of all "ultimate net loss" under: a. Bankruptcy Of Insured a. Coverage A, except "ultimate net loss" because of"bodily injury" or"property damage" Bankruptcy or insolvency of the insured or of arising out of the ownership, maintenance or the insured's estate will not relieve us of our use of a "covered auto"; and obligations under this Coverage Part. b. Coverage B. b. Bankruptcy Of Underlying Insurer 3. Subject to Paragraph 2. above, the Each Bankruptcy or insolvency of the "underlying Occurrence Limit is the most we will pay for the insurer" will not relieve us of our obligations sum of all "ultimate net loss" under Coverage A under this Coverage Part. because of all "bodily injury" and "property However, this insurance will not replace the damage"arising out of any one "occurrence". "underlying insurance" in the event of bankruptcy 4. Subject to Paragraph 2. above, the Personal And or insolvency of the "underlying insurer". This Advertising Injury Limit is the most we will pay insurance will apply as if the "underlying under Coverage B for the sum of all "ultimate net insurance"were in full effect. loss" because of all "personal and advertising 3. Duties In The Event Of Occurrence, Offense, injury" sustained by any one person or Claim Or Suit organization. a. You must see to it that we are notified as soon 5. If there is "underlying insurance" with a policy as practicable of an "occurrence"or an offense, period that is nonconcurrent with the policy period regardless of the amount, which may result in a of this Commercial Liability Umbrella Coverage claim. To the extent possible, notice should Part, the "retained limit(s)" will only be reduced or include: exhausted by payments for: (1) How, when and where the "occurrence" or a. "Bodily injury" or "property damage" which offense took place; occurs during the policy period of this (2) The names and addresses of any injured Coverage Part; or persons and witnesses; and b. "Personal and advertising injury" for offenses (3) The nature and location of any injury or that are committed during the policy period of damage arising out of the "occurrence" or this Coverage Part. offense. However, if any "underlying insurance" is written b. If a claim is made or "suit" is brought against on a claims-made basis, the "retained limit(s)" will any insured, you must: only be reduced or exhausted by claims for that insurance that are made during the policy period, (1) Immediately record the specifics of the or any Extended Reporting Period, of this claim or"suit"and the date received; and Coverage Part. (2) Notify us as soon as practicable. The Aggregate Limit, as described in Paragraph 2. You must see to it that we receive written above, applies separately to each consecutive annual notice of the claim or "suit" as soon as period and to any remaining period of less than 12 practicable. months, starting with the beginning of the policy c. You and any other involved insured must: period shown in the Declarations, unless the policy period is extended after issuance for an additional (1) Immediately send us copies of any period of less than 12 months. In that case, the demands, notices, summonses or legal additional period will be deemed part of the last papers received in connection with the preceding period for purposes of determining the claim or"suit"; Limits of Insurance. Page 12 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 04 13 (2) Authorize us to obtain records and other (2) The total of all deductible and self-insured information; amounts under all that other insurance. (3) Cooperate with us in the investigation or 6. Premium Audit settlement of the claim or defense against a. We will compute all premiums for this the "suit"; and Coverage Part in accordance with our rules (4) Assist us, upon our request, in the and rates. enforcement of any right against any b. Premium shown in this Coverage Part as person or organization which may be liable advance premium is a deposit premium only. to the insured because of injury or damage At the close of each audit period we will to which this insurance may also apply. compute the earned premium for that period d. No insured will, except at that insured's own and send notice to the first Named Insured. cost, voluntarily make a payment, assume any The due date for audit and retrospective obligation, or incur any expense, other than for premiums is the date shown as the due date first aid, without our consent. on the bill. If the sum of the advance and audit 4. Legal Action Against Us premiums paid for the policy period is greater than the earned premium, we will return the No person or organization has a right under this excess to the first Named Insured. Coverage Part: c. The first Named Insured must keep records of a. To join us as a party or otherwise bring us into the information we need for premium a "suit" asking for damages from an insured; or computation, and send us copies at such times b. To sue us on this Coverage Part unless all of as we may request. its terms have been fully complied with. 7. Representations Or Fraud A person or organization may sue us to recover on By accepting this policy, you agree: an agreed settlement or on a final judgment against an insured; but we will not be liable for a. The statements in the Declarations are damages that are not payable under the terms of accurate and complete; this Coverage Part or that are in excess of the b. Those statements are based upon applicable limit of insurance. An agreed settlement representations you made to us; means a settlement and release of liability signed c. We have issued this policy in reliance upon by us, the insured and the claimant or the your representations; and claimant's legal representative. 5. Other Insurance d. This policy is void in any case of fraud by you as it relates to this policy or any claim under a. This insurance is excess over, and shall not this policy. contribute with any of the other insurance, 8. Separation Of Insureds whether primary, excess, contingent or on any other basis. This condition will not apply to Except with respect to the Limits of Insurance, and insurance specifically written as excess over any rights or duties specifically assigned in this this Coverage Part. Coverage Part to the first Named Insured, this When this insurance is excess, we will have no insurance applies: duty under Coverages A or B to defend the a. As if each Named Insured were the only insured against any "suit" if any other insurer Named Insured; and has a duty to defend the insured against that b. Separately to each insured against whom claim "suit". If no other insurer defends, we will is made or"suit" is brought. undertake to do so, but we will be entitled to g, Transfer Of Rights Of Recovery Against Others the insured's rights against all those other To Us insurers. b. When this insurance is excess over other If the insured has rights to recover all or part of insurance, we will pay only our share of the any payment we have made under this Coverage "ultimate net loss"that exceeds the sum of: Part, those rights are transferred to us. The insured must do nothing after loss to impair them. (1) The total amount that all such other At our request, the insured will bring "suit" or insurance would pay for the loss in the transfer those rights to us and help us enforce absence of the insurance provided under them. this Coverage Part; and CU 00 01 0413 © Insurance Services Office, Inc., 2012 Page 13 of 18 10.When We Do Not Renew 14.Expanded Coverage Territory If we decide not to renew this Coverage Part, we a. If a "suit" is brought in a part of the "coverage will mail or deliver to the first Named Insured territory" that is outside the United States of shown in the Declarations written notice of the America (including its territories and nonrenewal not less than 30 days before the possessions), Puerto Rico or Canada, and we expiration date. are prevented by law, or otherwise, from If notice is mailed, proof of mailing will be sufficient defending the insured, the insured will initiate a proof of notice. defense of the "suit". We will reimburse the insured, under Supplementary Payments, for 11.Loss Payable any reasonable and necessary expenses Liability under this Coverage Part does not apply incurred for the defense of a "suit" seeking to a given claim unless and until: damages to which this insurance applies, that a. The insured or insured's "underlying insurer" we would have paid had we been able to has become obligated to pay the "retained exercise our right and duty to defend. limit"; and If the insured becomes legally obligated to pay b. The obligation of the insured to pay the sums because of damages to which this "ultimate net loss" in excess of the "retained insurance applies in a part of the coverage limit" has been determined by a final settlement territory" that is outside the United States of or judgment or written agreement among the America (including its territories and insured, claimant and us. possessions), Puerto Rico or Canada, and we are prevented by law, or otherwise, from 12.Transfer Of Defense paying such sums on the insured's behalf, we When the underlying limits of insurance have been will reimburse the insured for such sums. used up in the payment of judgments or b. All payments or reimbursements we make for settlements, the duty to defend will be transferred damages because of judgments or settlements to us. We will cooperate in the transfer of control will be made in U.S. currency at the prevailing to us of any outstanding claims or "suits" seeking exchange rate at the time the insured became damages to which this insurance applies which legally obligated to pay such sums. All would have been covered by the "underlying payments or reimbursements we make for insurance" had the applicable limit not been used expenses under Supplementary Payments will up. be made in U.S. currency at the prevailing 13.Maintenance Of/Changes To Underlying exchange rate at the time the expenses were Insurance incurred. Any "underlying insurance" must be maintained in c. Any disputes between you and us as to full effect without reduction of coverage or limits whether there is coverage under this policy except for the reduction of the aggregate limit in must be filed in the courts of the United States accordance with the provisions of such "underlying of America (including its territories and insurance" that results from payment of claims, possessions), Canada or Puerto Rico. settlement or judgments to which this insurance d. The insured must fully maintain any coverage applies. required by law, regulation or other Such exhaustion or reduction is not a failure to governmental authority during the policy maintain "underlying insurance". Failure to period, except for reduction of the aggregate maintain "underlying insurance" will not invalidate limits due to payments of claims, judgments or insurance provided under this Coverage Part, but settlements. insurance provided under this Coverage Part will Failure to maintain such coverage required by apply as if the "underlying insurance" were in full law, regulation or other governmental authority effect. will not invalidate this insurance. However, this If there is an increase in the scope of coverage of insurance will apply as if the required coverage any "underlying insurance" during the term of this by law, regulation or other governmental policy, our liability will be no more than it would authority was in full effect. have been if there had been no such increase. You must notify us in writing, as soon as practicable, if any "underlying insurance" is cancelled, not renewed, replaced or otherwise terminated, or if the limits or scope of coverage of any "underlying insurance" is changed. Page 14 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 04 13 SECTION V— DEFINITIONS if such property can be restored to use by the 1. "Advertisement" means a notice that is broadcast repair, replacement, adjustment or removal of or published to the general public or specific "your product" or "your work", or your fulfilling the market segments about your goods, products or terms of the contract or agreement. services for the purpose of attracting customers or 9. "Insured contract" means: supporters. For the purposes of this definition: a. A contract for a lease of premises. However, a. Notices that are published include material that portion of the contract for a lease of placed on the Internet or on similar electronic premises that indemnifies any person or means of communication; and organization for damage by fire to premises b. Regarding web sites, only that part of a web while rented to you or temporarily occupied by site that is about your goods, products or you with permission of the owner is not an services for the purposes of attracting "insured contract"; customers or supporters is considered an b. A sidetrack agreement; advertisement. c. Any easement or license agreement, except in 2. "Auto" means: connection with construction or demolition a. A land motor vehicle, trailer or semitrailer operations on or within 50 feet of a railroad; designed for travel on public roads, including d. An obligation, as required by ordinance, to any attached machinery or equipment; or indemnify a municipality, except in connection b. Any other land vehicle that is subject to a with work for a municipality; compulsory or financial responsibility law or e. An elevator maintenance agreement; other motor vehicle insurance law where it is f. That part of any contract or agreement entered licensed or principally garaged. into, as part of your business, pertaining to the However, "auto" does not include "mobile rental or lease, by you or any of your equipment". "employees", of any "auto". However, such 3. "Bodily injury" means bodily injury, disability, contract or agreement shall not be considered sickness or disease sustained by a person, an "insured contract" to the extent that it including death resulting from any of these at any obligates you or any of your "employees" to time. "Bodily injury" includes mental anguish or pay for "property damage" to any "auto" rented other mental injury resulting from "bodily injury". or leased by you or any of your"employees". 4. "Coverage territory" means anywhere in the world g• That part of any other contract or agreement with the exception of any country or jurisdiction pertaining to your business (including an which is subject to trade or other economic indemnification of a municipality in connection sanction or embargo by the United States of with work performed for a municipality) under America. which you assume the tort liability of another 5. Covered auto means onlythose autos to which party to pay for "bodily injury" or "property damage" to a third person or organization. Tort "underlying insurance" applies. liability means a liability that would be imposed 6. "Employee" includes a "leased worker". by law in the absence of any contract or "Employee" does not include a "temporary agreement. worker". Paragraphs f. and g. do not include that part of 7. "Executive officer" means a person holding any of any contract or agreement: the officer positions created by your charter, (1) That indemnifies a railroad for"bodily injury" constitution, bylaws or any other similar governing or "property damage" arising out of document. construction or demolition operations, within 8. "Impaired property" means tangible property, other 50 feet of any railroad property and than "your product" or "your work", that cannot be affecting any railroad bridge or trestle, used or is less useful because: tracks, road-beds, tunnel, underpass or a. It incorporates "your product" or "your work" crossing; that is known or thought to be defective, (2) That pertains to the loan, lease or rental of deficient, inadequate or dangerous; or an "auto" to you or any of your b. You have failed to fulfill the terms of a contract "employees", if the "auto" is loaned, leased or agreement; or rented with a driver; or CU 00 01 0413 © Insurance Services Office, Inc., 2012 Page 15 of 18 (3) That holds a person or organization f. Vehicles not described in Paragraph a., b., c. engaged in the business of transporting or d. above maintained primarily for purposes property by "auto"for hire harmless for your other than the transportation of persons or use of a "covered auto" over a route or cargo. territory that person or organization is However, self-propelled vehicles with the authorized to serve by public authority. following types of permanently attached 10."Leased worker" means a person leased to you by equipment are not "mobile equipment" but will a labor leasing firm under an agreement between be considered "autos": you and the labor leasing firm, to perform duties (1) Equipment designed primarily for: related to the conduct of your business. "Leased worker"does not include a "temporary worker". (a) Snow removal; 11."Loading or unloading" means the handling of (b) Road maintenance, but not construction property: or resurfacing; or a. After it is moved from the place where it is (c) Street cleaning; accepted for movement into or onto an aircraft, (2) Cherry pickers and similar devices mounted watercraft or"auto"; on automobile or truck chassis and used to b. While it is in or on an aircraft, watercraft or raise or lower workers; and "auto"; or (3) Air compressors, pumps and generators, c. While it is being moved from an aircraft, including spraying, welding, building watercraft or "auto" to the place where it is cleaning, geophysical exploration, lighting finally delivered; and well servicing equipment. but "loading or unloading" does not include the However, "mobile equipment" does not include movement of property by means of a mechanical land vehicles that are subject to a compulsory device, other than a hand truck, that is not or financial responsibility law or other motor attached to the aircraft, watercraft or"auto". vehicle insurance law where it is licensed or 12."Mobile equipment" means any of the following principally garaged. Land vehicles subject to a types of land vehicles, including any attached compulsory or financial responsibility law or machinery or equipment: other motor vehicle insurance law are considered "autos". a. Bulldozers, farm machinery, forklifts and other 13."Occurrence" means an accident, including vehicles designed for use principally off public continuous or repeated exposure to substantially roads; the same general harmful conditions. b. Vehicles maintained for use solely on or next to 14."Personal and advertising injury" means injury, premises you own or rent; including consequential "bodily injury", arising out c. Vehicles that travel on crawler treads; of one or more of the following offenses: d. Vehicles, whether self-propelled or not, a. False arrest, detention or imprisonment; maintained primarily to provide mobility to b. Malicious prosecution; permanently mounted: c. The wrongful eviction from, wrongful entry into, (1) Power cranes, shovels, loaders, diggers or or invasion of the right of private occupancy of drills; or a room, dwelling or premises that a person (2) Road construction or resurfacing equipment occupies, committed by or on behalf of its such as graders, scrapers or rollers; owner, landlord or lessor; e. Vehicles not described in Paragraph a., b., c. d. Oral or written publication, in any manner, of or d. above that are not self-propelled and are material that slanders or libels a person or maintained primarily to provide mobility to organization or disparages a person's or permanently attached equipment of the organization's goods, products or services; following types: e. Oral or written publication, in any manner, of (1) Air compressors, pumps and generators, material that violates a person's right of including spraying, welding, building privacy; cleaning, geophysical exploration, lighting f. The use of another's advertising idea in your and well servicing equipment; or "advertisement"; or (2) Cherry pickers and similar devices used to g. Infringing upon another's copyright, trade dress raise or lower workers; or slogan in your"advertisement". Page 16 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 04 13 15."Pollutants" mean any solid, liquid, gaseous or (2) The existence of tools, uninstalled thermal irritant or contaminant, including smoke, equipment or abandoned or unused vapor, soot, fumes, acids, alkalis, chemicals and materials. waste. Waste includes materials to be recycled, 18."Property damage" means: reconditioned or reclaimed. a. Physical injury to tangible property, including 16. Pollution cost or expense means any loss, cost all resulting loss of use of that property. All or expense arising out of any: such loss of use shall be deemed to occur at a. Request, demand, order or statutory or the time of the physical injury that caused it; or regulatory requirement that any insured or b. Loss of use of tangible property that is not others test for, monitor, clean up, remove, physically injured. All such loss of use shall be contain, treat, detoxify or neutralize, or in any deemed to occur at the time of the way respond to, or assess the effects of, "occurrence"that caused it. "pollutants"; or b. Claim or suit by or on behalf of a governmental With respect to the ownership, maintenance or use of "covered autos", property damage also authority for damages because of testing for, includes "pollution cost or expense", but only to monitoring, cleaning up, removing, containing, the extent that coverage exists under the treating, detoxifying or neutralizing, or in any "underlying insurance" or would have existed but way responding to, or assessing the effects of, for the exhaustion of the underlying limits. "pollutants". For the purposes of this insurance, with respect to 17."Prod ucts-completed operations hazard": other than the ownership, maintenance or use of a. Includes all "bodily injury" and "property "covered autos", electronic data is not tangible damage" occurring away from premises you property. own or rent and arising out of"your product" or As used in this definition, electronic data means "your work" except: information, facts or programs stored as or on, (1) Products that are still in your physical created or used on, or transmitted to or from possession; or computer software (including systems and (2) Work that has not yet been completed or applications software), hard or floppy disks, CD- abandoned. However, "your work" will be ROMs, tapes, drives, cells, data processing deemed completed at the earliest of the devices or any other media which are used with following times: electronically controlled equipment. (a) When all of the work called for in your 19."Retained limit" means the available limits of contract has been completed. "underlying insurance" scheduled in the Declarations or the "self-insured retention", (b) When all of the work to be done at the whichever applies. job site has been completed if your contract calls for work at more than one 20."Self-insured retention" means the dollar amount job site. listed in the Declarations that will be paid by the insured before this insurance becomes applicable (c) When that part of the work done at a job only with respect to "occurrences" or offenses not site has been put to its intended use by covered by the "underlying insurance". The "self- any person or organization other than insured retention" does not apply to "occurrences" another contractor or subcontractor or offenses which would have been covered by working on the same project. "underlying insurance" but for the exhaustion of Work that may need service, maintenance, applicable limits. correction, repair or replacement, but which 21."Suit" means a civil proceeding in which damages is otherwise complete, will be treated as because of "bodily injury", "property damage" or completed. "personal and advertising injury" to which this b. Does not include "bodily injury" or "property insurance applies are alleged. "Suit" includes: damage" arising out of: a. An arbitration proceeding in which such (1) The transportation of property, unless the damages are claimed and to which the insured injury or damage arises out of a condition in must submit or does submit with our consent; or on a vehicle not owned or operated by or you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or CU 00 01 0413 © Insurance Services Office, Inc., 2012 Page 17 of 18 b. Any other alternative dispute resolution b. Includes: proceeding in which such damages are (1) Warranties or representations made at any claimed and to which the insured submits with time with respect to the fitness, quality, our consent or the underlying insurers durability, performance or use of "your consent. product'; and 22."Temporary worker" means a person who is (2) The providing of or failure to provide furnished to you to substitute for a permanent warnings or instructions. "employee" on leave or to meet seasonal or short- term workload conditions. c. Does not include vending machines or other 23."Ultimate net loss" means the total sum, after property rented to or located for the use of reduction for recoveries or salvages collectible, others but not sold. that the insured becomes legally obligated to pay 28."Your work": as damages by reason of settlement or judgments a. Means: or any arbitration or other alternate dispute (1) Work or operations performed by you or on method entered into with our consent or the your behalf; and underlying insurers consent. 24."Underlying insurance" means any policies of (2) Materials, parts or equipment furnished in insurance listed in the Declarations under the connection with such work or operations. Schedule of"underlying insurance". b. Includes: 25."Underlying insurer" means any insurer who (1) Warranties or representations made at any provides any policy of insurance listed in the time with respect to the fitness, quality, Schedule of"underlying insurance". durability, performance or use of "your 26."Volunteer worker" means a person who is not work"; and your "employee", and who donates his or her work (2) The providing of or failure to provide and acts at the direction of and within the scope of warnings or instructions. duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 27."Your product': a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. Page 18 of 18 © Insurance Services Office, Inc., 2012 CU 00 01 04 13 BUSINESSOWNERS MFMBP036 09-18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ULTIMATE LIABILITY ADVANTAGE ENDORSEMENT This endorsement modifies insurance provided under the BUSINESSOWNERS COVERAGE FORM and provides the following coverages: Coverage Limits Bail Bonds $5,000 Loss of Earnings $1,000 Automatic Liability Coverage—Newly 120 Days—Period of Coverage Acquired or Constructed Property Damage to Property-Borrowed Equipment $5,000 Blanket Additional Insured—Primary Included if required by Written Contract or & Non Contributory—Ongoing and Written Agreement Completed Operations Damage to Premises Rented to You $300,000 Contractual Liability—Railroad Included in General Liability Limit Blanket Waiver of Subrogation Included if required by Written Agreement MFMBP036 09-18 Page 1 of 4 BUSINESSOWNERS MFMBP036 09-18 The provisions of the Businessowners Coverage the building that would qualify as covered Form apply except as otherwise provided in this property. endorsement. We will charge you additional premium for the liability from the date you acquire the property The following changes are made to the or begin construction of that part of the Businessowners Coverage Form: building that would qualify as covered property. Damage to Property—Borrowed Equipment Bail Bonds, Loss of Earnings and Automatic Liability Coverage—Newly Acquired or The following change is made to B. Exclusions— Constructed Property 1. Applicable To Business Liability Coverage k. Damage To Property—the following is added SECTION II—LIABILITY—A. Coverages—1. to (4) Business Liability This exclusion does not apply to "property f. Coverage Extension—Supplementary damage" to borrowed equipment while at a Payments—The following is changed: jobsite and while not being used to perform (b) Up to$5,000 for cost of bail bonds required operations. The most we will pay for"property because of accidents or traffic law violations damage" to any one piece of borrowed arising out of the use of any vehicle to which equipment under this coverage is$5,000 per Business Liability Coverage for 'bodily injury" occurrence. applies. We do not have to furnish these bonds. And; Blanket Additional Insured—Primary and Non (d)All reasonable expenses incurred by the Contributory—Ongoing and Completed insured at our request to assist us in the Operations investigation or defense of the claim or"suit", including actual loss of earnings up to $1,000 a The following is added to C. Who Is An Insured day because of time off from work. 3.The following are also an insured. A. Insured is amended to include as an insured The following Coverage Extension is added: any person or organization who you are (3) For any newly acquired or constructed required to add as an additional insured on this property that is intended for the similar use and policy under a written contract or a written operation as described in the Declarations we agreement, but only with respect to liability for will extend Liability coverage. That coverage will "bodily injury", "property damage" or"personal end when any of the following first occurs: and advertising injury" caused in whole or in (a)This policy expires; or part by: (b) 120 days expire after you acquire the 1 Your acts or omissions; property or begin construction of that part of 2 The acts or omissions of those acting on your behalf, and resulting from; MFMBP036 09-18 Page 2 of 4 BUSINESSOWNERS MFMBP036 09-18 (a)Your ongoing operations performed for the policy providing coverage for the same additional insured; occurrence, claim or suit. This provision does (b)Your work completed as included in the not apply to any policy which the additional "products completed operations hazard" insured is a Named Insured on such other policy performed for the additional insured. and where our policy is required by written B. However, regarding provision A. above: contract or written agreement to provide 1. We will not extend insurance coverage to any coverage to the additional insured on a primary additional insured or organization: and non-contributory basis. (a)That is not provided to you in this policy; or (b)That is any broader coverage than you are Damage to Premises Rented To You required to provide to the additional insured person or organization in the written contract The following change is made to D. Liability And or written agreement. Medical Expenses Limits Of Insurance— C. The insurance provided to the additional paragraph 3. Is deleted and replaced with the insured person or organization does not apply following: to "bodily injury", "property damage", or 3.The most we will pay under Business Liability "personal and advertising injury" arising out of Coverage for damages because of"property your rendering of, or the failure to render, any damage" to a premises while rented to you or professional architectural, engineering or in the case of fire while rented to you or surveying services including: temporarily occupied by you with permission of 1. The preparing, approving or failing to prepare the owner is $300,000. This limit replaces the or approve maps, shop drawings, opinions, limit shown in the Declarations for Damage to reports, surveys, field orders, change of orders Premises Rented to You. or drawings and specifications; and 2. Supervisory inspection, architectural or Contractual Liability—Railroad engineering activities. D. For the coverage here: The following change is made to F. Liability And 1. The insurance is primary with respects to our Medical Expenses Definitions—9. "Insured coverage for the additional insured person or contract" is changed to include contractual organization where the written contract or liability— railroads.The definition of"insured written agreement requires this insurance be contract" is replaced with the following: primary and non-contributory. In that event, we 9. "Insured contract" means: will not seek contribution from any other a. A contract for a lease of premises. However, insurance policy available to the additional that portion of the contract for a lease of insured on which the additional insured person premises that indemnifies any person or or organization is a Named Insured. organization for damage by fire to premises 2. This insurance is excess over any other while rented to you or temporarily occupied by insurance, whether primary, excess, contingent you with permission of the owners is not an or any other basis, available to an additional "insured contract"; insured, in which the additional insured on our b. A sidetrack agreement; policy is also covered as an additional insured c. Any easement or license agreement; by attachment of an endorsement to another MFMBP036 09-18 Page 3 of 4 BUSINESSOWNERS MFMBP036 09-18 d. An obligation, as required by ordinance, to made to K. Transfer Of Rights Of recovery indemnify a municipality, except in connection Against Others To Us— paragraph 2. Is deleted with work for a municipality; and replaced with the following: e. An elevator maintenance agreement; 2. Applicable to Businessowners Liability f. That part of any other contract or agreement Coverage: pertaining to your business (including an If the insured has rights to recover all or part of indemnification of a municipality in connection any payment we have made under this policy, with work performed for a municipality) under those rights are transferred to us. The insured which you assume the tort liability of another must do nothing after loss to impair them.At party to pay for"bodily injury" or"property our request, the insured will bring "suit" or damage" to a third person or organization. Tort transfer those rights to us and help us enforce liability means a liability that would be imposed them. This condition does not apply to Medical by law in the absence of any contract or Expenses Coverage. agreement. Paragraph f. does not include that part of any We waive any Right of Recovery we may have contract or agreement: against any additional insured as required in a (1) That indemnified an architect, engineer written agreement because of payments we or surveyor for injury or damage arising make for injury or damage arising out of your out of: ongoing operations or your work done under a. Preparing, approving or failing to contract with that person or organization. prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. Blanket Waiver of Subrogation SECTION III—COMMON POLICY CONDITIONS (APPLICABLE TO SECTION I—PROPERTY AND SECTION II—LIABILITY)The following change is MFMBP036 09-18 Page 4 of 4 Midwest Family Mutual Insurance Company MFMCA005 05-20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ADVANTAGE ENDORSEMENT This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM —CA 00 01 12 90—and provides the following coverages: Coverage Limit or Included Additional Insured By Contract Or Agreement Included Airbags Coverage Extension Included Employees As Insureds Included Employee Hired Autos $65,000 Glass Breakage (Windshield Repair) Deductible waived Hired Auto Physical Damage Coverage $65,000 • Loss of Use $300 Per Day $2100 Maximum Limited Fellow Employee Coverage Included Limited Loan/Lease Gap Coverage $2,000 Newly Formed Or Acquired Entities Included Rental Reimbursement Coverage 45 Days $75 Maximum Per Day $3,375 Maximum To Any One Covered Auto $15,000 Maximum Rental Expenses In Any One Policy Period Supplementary Payments—Increased Limits: • Bail Bonds $3,000 • Loss Of Earnings (Per Day) $1,000 Towing And Labor $100 Waiver Of Subrogation By Contract or Agreement Included MFMCA005 05-20 Includes copyrighted material of ISO Page 1 of 8 Midwest Family Mutual Insurance Company MFMCA005 05-20 The provisions of the Business Auto Coverage The most we will pay in any one "loss" Form apply except as otherwise provided in this will be the lesser of: endorsement. (1) The actual cash value of the damaged or stolen"auto" as of the The following changes are made to the Business time of the "loss"; Auto Coverage Form: (2) The cost to repair or replace the damaged or stolen "auto" as of the EMPLOYEE HIRED AUTOS time of the "loss"; (3) $65,000. A. Changes in Liability Coverage The following is added to the Who is an HIRED AUTO PHYSICAL DAMAGE COVERAGE Insured Provision: If hired "autos" are covered "autos" for An "employee" of yours is an "insured" Covered Autos Liability Coverage in the policy, while operating an "auto" hired or then such Physical Damage Coverage that is rented under a contract or agreement provided in this policy for your owned "autos" in that "employee's" name, with your will be extended to certain "autos" you lease, permission, while performing duties hire, rent or borrow, subject to the following related to the conduct of your business. additional provisions: B. Changes in General Conditions Paragraph S.b. of the Other Insurance 1. This extension for Hired Auto Physical Condition is replaced by the following: Damage Coverage does not apply to: a. Any "auto" you lease, hire, rent or For Hired Auto Physical Damage borrow that is a land vehicle that Coverage,the following are deemed to would qualify under the definition be covered "autos" you own: of"mobile equipment" under this 1. Any covered "auto"you lease, hire, policy if it were not subject to rent or borrow; and compulsory or financial 2. Any covered "auto" hired or rented responsibility law or other motor by your"employee" under a vehicle insurance law where it is contract in that individual licensed or principally garaged; "employee's" name, with your b. Any "auto" you lease, hire, rent or permission, while performing duties borrow from any of your related to the conduct of your "employees", partners (if you are a business. partnership), members (if you are a However, any"auto" that is leased, limited liability company) or hired, rented or borrowed with a driver members of their households; or is not a covered "auto". c. Any other"auto" you lease, hire, C. Limit of Insurance rent, or borrow: MFMCA005 05-20 Includes copyrighted material of ISO Page 2 of 8 Midwest Family Mutual Insurance Company MFMCA005 05-20 (1) For a period of more than 30 covered "auto" owned by you. days; or However, no deductible will apply to (2) With a driver. "loss" caused by fire or lightning. 2. Physical Damage Coverage S. Loss Of Use The Physical Damage Coverage For any"auto" which is a covered provided will be: "auto" under this extension Hired Auto (a) With respect to the Other Than Physical Damage Coverage, and subject Collision coverage; to the coverages provided under (1) Comprehensive Coverage if any paragraph 2. Physical Damage covered "auto" owned by you Coverage above, we will also pay has this coverage under the expenses for loss of use of such "auto", policy; or, subject to the following additional (2) Specified Causes Of Loss provisions: Coverage if, under this policy a. Such "auto": is leased or rented any covered "auto" owned by under a written rental contract or you has this coverage and no agreement; other covered "auto" owned by b. Such loss of use is a direct you has Comprehensive consequence of a "loss" covered Coverage; and under this extension Hired Auto (b) Collision Coverage if any covered Physical Damage Coverage: "auto" owned by you has this (1) For which an "insured" is legally coverage under this policy. responsible; and 3. Limit Of Insurance (2) As a result of which the leasing The most we will pay in any one "loss" or rental entity sustains a will be the lesser of: monetary loss; a. The actual cash value of the c. The most we will pay for any damaged or stolen "auto" as of the expenses for loss of use is$300 per time of the "loss"; day, subject to a maximum of b. The cost to repair or replace the $2,100. damaged or stolen "auto" with the 6. Other Insurance other property of like kind and Coverage under this extension Hired quality; or Auto Physical Damage Coverage will be c. $65,000, excess over any other valid and Except that such amount will be collectible insurance available to the reduced by a deductible as "insured". determined in paragraph 4. below. 4. Deductible ADDITIONAL INSURED BY CONTRACT OR Our obligation to pay for, repair, return AGREEMENT or replace such damaged or stolen covered "auto" will be reduced by a 1. SECTION II—LIABILITY COVERAGE A. 1. deductible for coverage afforded in WHO IS AN INSURED is changed to add 2.(a) and 2.(b) above equal to the as an additional insured any person or amount of the largest deductible organization when you and such person applicable for that coverage to any or organization have agreed in writing MFMCA005 05-20 Includes copyrighted material of ISO Page 3 of 8 Midwest Family Mutual Insurance Company MFMCA005 05-20 in a contract or agreement that such 2. None of the following shall be an person or organization can be added as additional insured under this an additional insured on your policy, endorsement: subject to the following additional a. Any motor carrier for hire or his or provisions. her"employees"; or a. Such person or organization is an b. Any rail, water or air carrier or their additional insured only with respect "employees" to their vicarious legal responsibility for any covered "auto". for"bodily injury" or "property 3. Paragraph A. 1. WHO IS AN INSURED damage" caused by an "accident" paragraph c. is deleted and replaced and resulting from your ownership, with the following provisions: maintenance or use of a covered c. The additional insured is not required "auto", and then only to the extent to pay any premiums stated in the of that liability. policy or earned from the policy. Any b. Such person or organization is not return premium shall be payable to you. an additional insured for any d. You are authorized to act for the covered "auto" owned by, hired additional insured in all matters from, or borrowed from such pertaining to this insurance. person or organization or a member e. the additional insured will retain any of such person's household. right of recovery as a claimant under c. Such written contract or agreement this policy. must be executed prior to, and be in effect at the time of, the "bodily EMPLOYEES AS INSUREDS injury" or"property damage". d. Paragraph F. "Insured Contract" SECTION II—LIABILITY COVERAGE—A. 1. WHO contained in SECTION V— IS AN INSURED is changed to the following DEFINITIONS is changed to add sub- provision. paragraph d. to the end of that definition, as follows: Any "employee" of yours is an "insured" while An "Insured Contract" does not using a covered "auto"you do not own, hire or include that part of any contract or borrow in your business or your personal agreement: affairs. d. That pertains to the ownership, maintenance or use of an "auto" However, the insurance provided by this and which indemnifies a person or provision Employees As Insureds, does not organization for other that the apply if separate Employees As Insured vicarious liability of such person or coverage (or any similar or equivalent coverage) organization for"bodily injury" or has been provided by a separate endorsement "property damage" caused by an issued by us and made a part of this policy or "accident" and resulting from your coverage part. ownership, maintenance or use of a covered "auto". NEWLY FORMED OR ACQUIRED ORGANIZATIONS MFMCA005 05-20 Includes copyrighted material of ISO Page 4 of 8 Midwest Family Mutual Insurance Company MFMCA005 05-20 The Named Insured shown in the Business Auto LIMITED FELLOW EMPLOYEE COVERAGE Declarations is amended to include any organization you newly form or acquire, other SECTION II—LIABILITY COVERAGE—B. than: EXCLUSIONS S. FELLOW EMPLOYEE is replaced (i) A partnership,joint venture, or by the following: limited liability company; or (ii) An organization excluded by the a. "Bodily injury" to any fellow provisions of this policy or by "employee" of the "insured" arising out endorsement, of an in the course of the fellow and over which you maintain ownership or "employees" employment or while majority interest of more than 50%, subject performing duties related to the to the following additional provisions: conduct of your business; or 1. This insurance does not apply to any b. the spouse, child, parent, brother or newly formed or acquired organization sister of the fellow "employee" as a that is an "insured" under such policy consequence of Paragraph a. above. but for its termination or the exhaustion of its Limits of Insurance. However, this exclusion does not apply to 2. Coverage under this provision does not liability incurred by your employees that are apply to injury, damage, expense, or "executive officers". "loss" that occurred before you formed or acquired the organization. Such coverage is excess over any other 3. Coverage under this provision is collectible insurance, and Paragraph S. OTHER afforded only until the next anniversary INSURANCE of B. GENERAL CONDITIONS under date of this policy's effective date after SECTION IV—BUSINESS AUTO CONDITIONS is you acquire or form the organization, or changed accordingly. the end of the policy period, whichever is earlier. Any insurance provided by this provision Limited fellow Employee Coverage does not SUPPLEMENTARY PAYMENTS—INCREASED apply if separate fellow Employee Coverage (or LIMITS any similar or equivalent coverage) has been provided by a separate endorsement issued by The following changes are made to SECTION II— us and made part of this policy. LIABILITY COVERAGE—A. 2. COVERAGE EXTENSIONS: As used in this provision "executive officer" means a person holding any of the officer 1. The limit shown in Subparagraph (2)for positions created by your charter, constitution, the cost of bail bonds is changed from by-laws or any other similar governing $250 to $3,000. document. 2. The limit shown in Subparagraph (4)for all reasonable expenses incurred at our request, including actual loss of TOWING AND LABOR COVERAGE earnings because of time off work, is changed from $100 to$1,000 per day. MFMCA005 05-20 Includes copyrighted material of ISO Page 5 of 8 Midwest Family Mutual Insurance Company MFMCA005 05-20 Paragraph 2.Towing under SECTION III— Paragraph 4. Coverage Extension under PHYSICAL DAMAGE COVERAGE—A. COVERAGE SECTION III—PHYSICAL DAMAGE COVERAGE- -is replaced by the following: A. COVERAGE—is replaced by the following: With respect to any"private passenger auto" or We will pay for rental reimbursement expenses "light truck" you own that is provided both incurred by you for the rental of an "auto" Comprehensive Coverage and Collision because of a covered physical damage "loss" to Coverage in this policy, we will pay up to$100 a covered "auto" you own, subject to the for towing and labor costs incurred each time following additional provisions: such "private passenger auto" or"light truck" is disabled, subject to the following additional 1. As used in the Rental Reimbursement provisions: Coverage provision, "auto" means a 1. The labor must be performed at the land motor vehicle, "trailer" or place of disablement; semitrailer designed for travel on public 2. This coverage does not apply to stolen roads. However, "auto" does not "autos". include: 3. As used with this coverage: a. "Mobile equipment", or a. "Private passenger auto" means a b. Any other land vehicle that would four wheel auto of the private qualify under the definition of passenger or station wagon type; "mobile equipment" under this and policy if it were not subject to a b. "Light truck" means a pick up or compulsory or financial panel truck, sport utility vehicle or responsibility law where it is similar"auto", with a Gross Vehicle licensed or principally garaged. Weight (GVW) of 11,000 pounds or 2. Payment applies in addition to the less. otherwise applicable amount of each Gross Vehicle Weight(GVW) is the coverage you have on the covered maximum loaded weight for which "auto". a single "auto" is designed, as 3. No deductible applies to the coverage. specified by the manufacturer. 4. We will pay only for those expenses incurred during the policy period GLASS BREAKAGE (WINDSHIELD REPAIR) beginning 24 hours after the "loss" and ending, regardless of the expiration Paragraph 3. Glass Breakage under SECTION III date of the policy,with the lesser of the —PHYSICAL DAMAGE COVERAGE—A—the following number of days: following is added: a. The number of days reasonably required to repair or replace the d.lf your windshield sustains damage resulting covered "auto", or in a crack or chip that is deemed repairable and b. 45 days the repairs are completed, we will agree to S. Our payment is limited to the lesser of waive your deductible. the following amounts: a. Necessary and actual expenses RENTAL REIMBURSEMENT COVERAGE incurred. MFMCA005 05-20 Includes copyrighted material of ISO Page 6 of 8 Midwest Family Mutual Insurance Company MFMCA005 05-20 b. The maximum rental expenses (2) Any: shown below: (a) Overdue loan/lease (1) $75 any one day; payments at the time of the (2) $3,375 because of"loss"to any "loss", one covered "auto". (b) Financial penalties imposed 6. This coverage does not apply while under a lease or excessive there are spare or reserve "autos" use, abnormal wear and available to you for your operations. tear or high mileage; 7. The insurance afforded for Rental (c) Security deposits not Reimbursement Coverage in this returned by the lessor; extension does not apply if separate (d) Costs for extended Rental Reimbursement Coverage is warranties, Credit Life issued by us as an endorsement and Insurance, Health, Accident made part of this policy. or Disability Insurance purchased with the loan or AIRBAGS COVERAGE EXTENSIONS lease; and (e) Carry-over balances from Paragraph 2. b. contained in SECTION III— previous loans or leases; or PHYSICAL DAMAGE COVERAGE—B. b. $2,000. EXCLUSIONS—does not apply to the 2. This extension does not apply to any unintended discharge of an airbag. However, "auto"that is a land vehicle that would coverage is excess over any other collectible qualify under the definition of"mobile insurance or warranty specifically designed to equipment" under this policy if it were provide coverage. not subject to a compulsory or financial responsibility law or other motor LIMITED LOAN/LEASE GAP COVERAGE vehicle insurance law where it is licensed or principally garaged. The following is an added coverage under SECTION III—PHYSICAL DAMAGE COVERAGE— A. COVERAGE: WAIVER OF SUBRO BY CONTRACT OR In the event of a covered total "loss" to a AGREEMENT covered "auto" which is either owned by you or is long-term leased by you for a period of 12 The following is added to Paragraph A. S. consecutive months or longer, we will pay any TRANSFER OF RIGHTS OF RECOVERY AGAINST unpaid amount due on your loan or lease for OTHERS TO US contained in SECTION IV— such covered "auto", subject to the following BUSINESS AUTO CONDITIONS: additional provisions: 1. We will only pay the lesser of: Notwithstanding anything to the contrary in the a. The sum of such unpaid amount, previous paragraph, we waive any right of less recovery we may have against a person or (1) The amount paid under the organization because of payments we make for PHYSICAL DAMAGE COVERAGE 'bodily injury", "property damage" or"loss" SECTION of the policy; and arising out of the operation, maintenance, use, MFMCA005 05-20 Includes copyrighted material of ISO Page 7 of 8 Midwest Family Mutual Insurance Company MFMCA005 05-20 loading or unloading of a covered "auto" when you and such person or organization have agreed in writing in a contract or agreement to waive such right of recovery, provided: 1. Such written contract or agreement was: a. Made prior to the covered injury or damage; and b. In effect at the time of the covered injury or damage; and 2. The injury or damage arises out of the operations contemplated by such written contract or agreement. This waiver applies on to such person or organization designated in such written contract or agreement. ADDITIONAL DEFINITIONS As used with this endorsement the following Definitions are added: "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". "Temporary worker" means a person who is furnished to you as a substitute for a permanent "employee" on leave or to meet seasonal or short term workload conditions. MFMCA005 05-20 Includes copyrighted material of ISO Page 8 of 8 Additional Named Insureds Other Named Insureds Brookdale Lumber R&D Land Company, LLC Additional Named Insured R&R Lumber Company. Inc. Additional Named Insured Ronald and Rochelle Dagley Additional Named Insured OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC I--o >z >1 >,M of N cl o to d' o cat 04 04 > N � v 0 0 U U U U It C14 --I of s71 v N v LP Co u o vvmF:vl •• H ww04 �3: r 10roNo - Q �o EUQ ._ O O M O H W �4 �4 H U rr-i � � a a� t� o .� OD a N r-4 o o M H N o o Ln 0 .rj N w N o o b aT1. N z ,� v U) V H (f) 0 U p� H .r-I a cou ... H 0 .Q f 0 c 3 1 U �4 0 11 �:: ao O > ro Z v rn O �4 U x Ln 0 co �l I i is �4 v ry, w [ 3 v O cn rd . ao 3 0 fJ4 U NN `N4 N x U 3 State of Washington Department of Labor & Industries Prevailing Wage Section -Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total.A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date- 3/18/2024 County. Trade Job Classification Wage Holiday Overtime Note "Risk Class King Laborers Air, Gas Or Electric Vibrating Screed $59.07 15J lip 8Y View King Laborers Airtrac Drill Operator $60.90 15J lip 8Y View King Laborers Ballast Regular Machine $59.07 15J lip 8Y View King Laborers Batch Weighman $50.07 15J lip 8Y View King Laborers Brick Pavers $59.07 15J lip 8Y View King Laborers Brush Cutter $59.07 15J lip 8Y View King Laborers Brush Hog Feeder $59.07 15J lip 8Y View King Laborers Burner $59.07 15J 11P 8Y View King Laborers Caisson Worker $60.90 15J lip 8Y View King Laborers Carpenter Tender $59.07 15J 11P 8Y View King Laborers Cement Dumper-paving $60.15 15J lip 8Y View King Laborers Cement Finisher Tender $59.07 15J lip 8Y View King Laborers Change House Or Dry Shack $59.07 15J lip 8Y View King Laborers Chipping Gun (30 Lbs.And Over) $60.15 15J lip 8Y View King Laborers Chipping Gun (Under 30 Lbs.) $59.07 15J 11P 8Y View King Laborers Choker Setter $59.07 15J 11P 8Y View King Laborers Chuck Tender $59.07 15J 11P 8Y View King Laborers Clary Power Spreader $60.15 15J lip 8Y View King Laborers Clean-up Laborer $59.07 15J 11P 8Y View King Laborers Concrete Dumper/Chute Operator $60.15 15J 11P 8Y View King Laborers Concrete Form Stripper $59.07 15J 11P 8Y View King Laborers Concrete Placement Crew $60.15 15J lip 8Y View King Laborers Concrete Saw Operator/Core Driller $60.15 15J lip 8Y View King Laborers Crusher Feeder $50.07 15J 11P 8Y View King Laborers Curing Laborer $59.07 15J 11P 8Y View King Laborers Demolition:Wrecking 8 Moving(Incl. $59.07 15J 11P 8Y View Charred Material) King Laborers Ditch Digger $59.07 15J 11P 8Y View King Laborers Diver $60.90 15J lip 8Y View King Laborers Drill Operator(Hydraulic, Diamond) $60.15 15J 11P 8Y View King Laborers Dry Stack Walls $59.07 15J lip 8Y View King Laborers Dump Person $59.07 15J lip 8Y View King Laborers Epoxy Technician $59.07 15J 11P 8Y View King Laborers Erosion Control Worker $59.07 15J 11P 8Y View King Laborers Faller 8 Bucker Chain Saw $60.15 15J lip 8Y View King Laborers Fine Graders $59.07 15J 11P 8Y View King Laborers Firewatch $50.07 15J lip 8Y View King Laborers Form Setter $60.15 15J 11P 8Y View King Laborers Gabian Basket Builders $59.07 15J lip 8Y View King Laborers General Laborer $59.07 15J 11P 8Y View King Laborers Grade Checker It Transit Person $62.49 15J lip 8Y View King Laborers Grinders $59.07 15J 11P 8Y View King Laborers Grout Machine Tender $59.07 15J lip 8Y View King Laborers Groutmen (Pressure)Including Post Tension $60.15 15J lip 8Y View Beams King Laborers Guardrail Erector $59.07 15J 11P 8Y View King Laborers Hazardous Waste Worker(Level A) $60.90 15J 11P 8Y View King Laborers Hazardous Waste Worker(Level B) $60.15 15J 11P 8Y View King Laborers Hazardous Waste Worker(Level C) $59.07 15J 11P 8Y View King Laborers High Scaler $60.90 15J 11P 8Y View King Laborers Jackhammer $60.15 15J lip 8Y View King Laborers Laserbeam Operator $60.15 15J 11P 8Y View King Laborers Maintenance Person $59.07 15J 11P 8Y View King Laborers Manhole Builder-Mudman $60.15 15J lip 8Y View King Laborers Material Yard Person $59.07 15J lip 8Y View King Laborers Mold Abatement Worker $59.07 15J lip 8Y View King Laborers Motorman-Dinky Locomotive $62.59 15J 11P 8Y View King Laborers nozzleman (concrete pump, green cutter $62.49 15J lip 8Y View when using combination of high pressure air Et water on concrete Et rock,sandblast, gunite,shotcrete,water blaster,vacuum blaster) King Laborers Pavement Breaker $60.15 15J 11P 8Y View King Laborers Pilot Car $50.07 15J 11P 8Y View King Laborers Pipe Layer(Lead) $62.49 15J 11P 8Y View King Laborers Pipe Layer/Tailor $60.15 15J 11P 8Y View King Laborers Pipe Pot Tender $60.15 15J lip 8Y View King Laborers Pipe Reliner $60.15 15J 11P 8Y View King Laborers Pipe Wrapper $60.15 15J 11P 8Y View King Laborers Pot Tender $59.07 15J 11P 8Y View King Laborers Powderman $60.90 15J lip 8Y View King Laborers Powderman's Helper $59.07 15J lip 8Y View King Laborers Power Jacks $60.15 15J lip 8Y View King Laborers Railroad Spike Puller- Power $60.15 15J lip 8Y View King Laborers Raker-Asphalt $62.49 15J lip 8Y View King Laborers Re-timberman $60.90 15J lip 8Y View King Laborers Remote Equipment Operator $60.15 15J lip 8Y View King Laborers Rigger/Signal Person $60.15 15J lip 8Y View King Laborers Rip Rap Person $59.07 15J 11P 8Y View King Laborers Rivet Buster $60.15 15J 11P 8Y View King Laborers Rodder $60.15 15J 11P 8Y View King Laborers Scaffold Erector $59.07 15J 11P 8Y View King Laborers Scale Person $59.07 15J lip 8Y View King Laborers Sloper(Over 20") $60.15 15J lip 8Y View King Laborers Sloper Sprayer $59.07 15J 11P 8Y View King Laborers Spreader(Concrete) $60.15 15J 11P 8Y View King Laborers Stake Hopper $59.07 15J lip 8Y View King Laborers Stock Piler $59.07 15J 11P 8Y View King Laborers Swinging Stage/Boatswain Chair $50.07 15J 11P 8Y View King Laborers Tamper Et Similar Electric,Air Et Gas $60.15 15J lip 8Y View Operated Tools King Laborers Tamper(Multiple Et Self-propelled) $60.15 15J 11P 8Y View King Laborers Timber Person -Sewer(Lagger, Shorer Et $60.15 15J 11P 8Y View Cribber) King Laborers Toolroom Person(at Jobsite) $59.07 15J 11P 8Y View King Laborers Topper $59.07 15J 11P 8Y View King Laborers Track Laborer $59.07 15J 11P 8Y View King Laborers Track Liner(Power) $60.15 15J lip 8Y View King Laborers Traffic Control Laborer $53.54 15J 11P 9C View King Laborers Traffic Control Supervisor $56.73 15J lip 9C View King Laborers Truck Spotter $59.07 15J 11P 8Y View King Laborers Tugger Operator $60.15 15J 11P 8Y View King Laborers Tunnel Work-Compressed Air Worker 0-30 $175.79 15J lip 9B View psi King Laborers Tunnel Work-Compressed Air Worker 30.01- $180.82 15J lip 9B View 44.00 psi King Laborers Tunnel Work-Compressed Air Worker 44.01- $184.50 15J lip 9B View 54.00 psi King Laborers Tunnel Work-Compressed Air Worker 54.01- $190.20 15J lip 9B View 60.00 psi King Laborers Tunnel Work-Compressed Air Worker 60.01- $192.32 15J lip 9B View 64.00 psi King Laborers Tunnel Work-Compressed Air Worker 64.01- $197.42 15J lip 9B View 68.00 psi King Laborers Tunnel Work-Compressed Air Worker 68.01- $199.32 15J lip 9B View 70.00 psi King Laborers Tunnel Work-Compressed Air Worker 70.01- $201.32 15J 11P 9B View 72.00 psi King Laborers Tunnel Work-Compressed Air Worker 72.01- $203.32 15J 11P 9B View 74.00 psi King Laborers Tunnel Work-Guage and Lock Tender $62.59 15J lip 8Y View King Laborers Tunnel Work-Miner $62.59 15J 11P 8Y View King Laborers Vibrator $60.15 15J 11P 8Y View King Laborers Vinyl Seamer $59.07 15J 11P 8Y View King Laborers Watchman $45.51 15J 11P 8Y View King Laborers Welder $60.15 15J lip 8Y View King Laborers Well Point Laborer $60.15 15J lip 8Y View King Laborers Window Washer/Cleaner $45.51 15J lip 8Y View Signature: A z Signature: koiWoy Larht ,7y Garin Le (Apr 5,202411:52 PDT) Ronald Lashley Jr.(Apr 5,2024)n:14 PDT) Email: glee@kentwa.gov Email: parkscontracts@kentwa.gov Signature: KiM KOMOfO Kim Komoto(Apr8,202413:18 PDT) Email: cityclerk@kentwa.gov OPS-040524-AI IArou nd Fence-Fence I nstal IVario usParks Final Audit Report 2024-04-08 Created: 2024-04-05 By: Shayla Ott(sott@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAE3FOf5DK4mr-395gytieNFw-OPkjhrUR "OPS-040524-AIIAroundFence-FencelnstallVariousParks" Histor Y Document created by Shayla Ott(sott@kentwa.gov) 2024-04-05-4:32:19 PM GMT Cy Document emailed to glee@kentwa.gov for signature 2024-04-05-4:38:26 PM GMT Email viewed by glee@kentwa.gov 2024-04-05-6:51:45 PM GMT Signer glee@kentwa.gov entered name at signing as Garin Lee 2024-04-05-6:52:38 PM GMT too Document e-signed by Garin Lee(glee@kentwa.gov) Signature Date:2024-04-05-6:52:40 PM GMT-Time Source:server C� Document emailed to Kent Parks (parkscontracts@kentwa.gov) for signature 2024-04-05-6:52:42 PM GMT l Email viewed by Kent Parks (parkscontracts@kentwa.gov) 2024-04-05-8:13:58 PM GMT p Signer Kent Parks (parkscontracts@kentwa.gov) entered name at signing as Ronald Lashley Jr. 2024-04-05-8:14:41 PM GMT Document e-signed by Ronald Lashley Jr. (parkscontracts@kentwa.gov) Signature Date:2024-04-05-8:14:43 PM GMT-Time Source:server C- Document emailed to bjlevenhagen@kentwa.gov for signature 2024-04-05-8:14:46 PM GMT Powered by Adobe �� KENT Acrobat Sign 5 Email viewed by bjlevenhagen@kentwa.gov 2024-04-05-8:17:11 PM GMT Cep Signer bjlevenhagen@kentwa.gov entered name at signing as Brian Levenhagen 2024-04-05-8:17:33 PM GMT 60 Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date:2024-04-05-8:17:35 PM GMT-Time Source:server �'► Document emailed to All Around Fence (allaroundfence@allaroundfencewa.com)for signature 2024-04-05-8:17:38 PM GMT Email viewed by All Around Fence (allaroundfence@allaroundfencewa.com) 2024-04-08-3:26:27 PM GMT 6q Document e-signed by All Around Fence (allaroundfence@allaroundfencewa.com) Signature Date:2024-04-08-3:57:22 PM GMT-Time Source:server C]� Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature 2024-04-08-3:57:24 PM GMT Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2024-04-08-4:32:32 PM GMT Q Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date:2024-04-08-4:32:41 PM GMT-Time Source:server C' Document emailed to cityclerk@kentwa.gov for signature 2024-04-08-4:32:43 PM GMT Email viewed by cityclerk@kentwa.gov 2024-04-08-8:16:02 PM GMT Lip Signer cityclerk@kentwa.gov entered name at signing as Kim Komoto 2024-04-08-8:18:29 PM GMT ,,gip Document e-signed by Kim Komoto (cityclerk@kentwa.gov) Signature Date:2024-04-08-8:18:31 PM GMT-Time Source:server �i Agreement completed. 2024-04-08-8:18:31 PM GMT Powered by Adobe �� KENT Acrobat Sign