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HomeMy WebLinkAboutCAG2025-028 - Original - Sound Pest Management Inc. - FAC25-01 City of Kent Monthly Pest Control - 1/22/25 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: TK Agreement Routing Form DirAsst: PH"'-' • For Approvals, g g Dir/De : BL BL Signatures and Records Management p KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Leah Bryant for Tona Khau Parks, Recreation & Community Services Date Sent: Date Required: > 01/09/2025 1/16/2025 0 Q Authorized to Sign: Date of Council Approval: QMayor or Designee NA Budget Account Number: — Grant? Yes NOW] 5006900.64190 Budget?W]Yes EINo Type: N/A Vendor Name: Category: Sound Pest Management Inc. Contract Vendor Number: Sub-Category: C 504126 Original FAC25-01 City of Kent month) pest control Project Name: Y Y 3- Project Details: Provide monthly pest control services for various City of Kent facilities under a two-year 0- agreement. The cost for the first year is $13,250.45, and the second year is$13,647.96. All C annual charges are outlined in the attached quotation, incorporated as Exhibit A C Basis for Selection of Contractor: Agreement Amount• $� 26 8g8.41 Other E *Memo to Mayor must be nttnrhPd 3- Start Date: January 2025 Termination Date: 12/31/2026 Q Local Business? Yes Who*If meets requirements per KCC3.70.100,please complete"VendorPurchose-Local Exceptions"form onCityspace. Business License Verification: W1 Yes In-ProcessD Exempt(KCC 5.01.045) W1 Authorized Signer Verified Notice required prior to disclosure? Contract Number: Yes W1 No CAG2025-028 Comments: H i 3 f0 a1 C C a1 3 3 w 0 LJ cc a, a, cc Date Received:City Attorney: 1/13/25 (Date Routed:Mayor's Office 1/21/25 City Clerk's Office 1/23/25 adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 KENT W A S H I N G T O N GOODS & SERVICES MAINTENANCE AGREEMENT between the City of Kent and Sound Pest Management, Inc THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Sound Pest Management, Inc organized under the laws of the State of WA, located and doing business at 324 1St Ave. S, Suite 102, Kent WA 98032, Frank Carter 253-777-1960 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. The Vendor shall provide the following goods and materials and/or perform the following maintenance services for the City: Provide monthly pest control services for various City of Kent facilities under a two-year agreement. The cost for the first year is $13,250.45, and the second year is $13,647.96. All annual charges are outlined in the attached quotation, incorporated as Exhibit A The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or maintenance services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, Material, and services by 12/31/2026. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $26,898.41, including applicable Washington State Sales Tax, for the goods, materials, and maintenance services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Vendor shall submit invoices for work completed monthly: Net 30 Card Payment Program. The Vendor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. GOODS & SERVICES MAINTENANCE AGREEMENT - 1 (Over$20,000.00, including WSST) If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Vendor for any defective or unauthorized goods, materials or services. If the Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and the Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. PREVAILING WAGES. The Vendor shall file a 'Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. The Vendor shall pay prevailing wages in effect on the date the bid is accepted or executed by the Vendor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. V. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which the Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. VI. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. GOODS & SERVICES MAINTENANCE AGREEMENT - 2 (Over$20,000.00, including WSST) VII. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, the Vendor must submit a written change order request to the person listed in the notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section IX, Claims, below. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Vendor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. IX. CLAIMS. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the GOODS & SERVICES MAINTENANCE AGREEMENT - 3 (Over$20,000.00, including WSST) claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). X. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. XI. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have GOODS & SERVICES MAINTENANCE AGREEMENT - 4 (Over$20,000.00, including WSST) known of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. XII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Vendor shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. XIII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIV. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. 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 GOODS & SERVICES MAINTENANCE AGREEMENT - 5 (Over$20,000.00, including WSST) Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. 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 GOODS & SERVICES MAINTENANCE AGREEMENT - 6 (Over$20,000.00, including WSST) other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: CITY OF KENT: By.Frank Ja 516:43 PST) By - Print Name: Frank Carter Print Name: Dana Ralph Its Frank Carter Its Mayor DATE:Jan 10,2025 DATE: 01/22/2025 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Frank Carter Leah Bryant Sound Pest Management, Inc. City of Kent 324 1st Ave. S, Suite 102 220 Fourth Avenue South Kent, WA 98032 Kent, WA 98032 206-510-0464 (telephone) (253) 856-5084 (telephone) Soundpest@comcast.net (email) Lbr @kentwa.gov email APPROVED AS TO FORM: Kent Law Department ATTEST: �� Kent City Clerk GOODS & SERVICES MAINTENANCE AGREEMENT - 7 (Over$20,000.00, including WSST) DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement. The statements are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement I, the prime contractor, will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 of 5 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such EEO COMPLIANCE DOCUMENTS - 2 of 5 direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure EEO COMPLIANCE DOCUMENTS - 3 of 5 compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. Fri,. By: Frank Carer(Jan 10,202516:43 PST) For: Sound Pest Management Title: Frank Carter Date: Jan 10,2025 EEO COMPLIANCE DOCUMENTS - 4 of 5 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 5 of 5 EXHIBIT A Sound Pest #of Bait 1st YEAR 2nd YEAR Stations MONTHLY MONTHLY BUILDING ADDRESS FEE FEE Corrections Facility 1230 S Central 4 $47.00 $48.41 Kent Municipal Court 1230 S Central 4 $47.00 $48.41 Fire Station 74 24611 116th Ave SE 8 $51.00 $ 52.53 Riverbend Golf Course 2019 W Meeker St 5 $55.00 $ 56.65 Driving Range 2020 W Meeker St 2 $45.00 $46.35 Police Station 220 Fourth Avs S 7 $51.00 $ 52.53 Evidence Room 220 Fourth Avs S 5 $50.00 $ 51.50 City Hall 220 Fourth Ave S 5 $ 110.00 $ 113.30 Police Impound Yard 407 Washington Ave N 6 $ 50.00 $ 51.50 Public Works 5821 S 240th St 6 $ 50.00 $ 51.50 Kent Evid. Storage Cont 5821 S 240th 1 $ 33.00 $ 33.99 Senior Center 600 E Smith St 5 $ 55.00 $ 56.65 Historical Society 855 E Smith St 3 $ 51.00 $ 52.53 Water Treatment Plant 9001 S 212th St 8 $ 55.00 $ 56.65 Lagoons Building 22306 Russell Rd 5 $ 50.00 $ 51.50 Neely Soames House 5311 S 237th PI 3 $ 50.00 $ 51.50 Kent Commons 525 4th Ave N 6 $ 50.00 $ 51.50 Golf Maintenance 24400 Russell Rd 4 $ 52.00 $ 53.56 Half Lion 2019 W Meeker St 6 $ 50.00 $ 51.50 SUB TOTALS Monthly $ 1,002.00 $ 1,032.06 TAX 10.20% Tax $ 102.20 $ 105.27 Yearly Monthly Totals $ 1,104.20 $ 1,137.33 TOTALS Yearly $ 13,250.45 $ 13,647.96 Exhibit B Insurance Requirements Insurance 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 automobiles/vehicles used in the performance of this Agreement. This coverage must be on a primary and non-contributory basis only. Coverage shall be written on ISO form CA 00 01, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Workers' Compensation coverage for the employees of 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 $2,000,000 products-completed operations aggregate limit. Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 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: 1. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance policies and shall not contribute to the Contractor's insurance policies. 2. Contractor's insurer must deliver, or mail written notice of cancellation to the named insured at least forty-five (45) days before the effective date of the cancellation. The Contractor's insurance policy shall include an endorsement that provides the City with written notice of cancellation forty-five (45) days before the effective date of the cancellation. If Contractor's insurer fails to provide the City with a copy of the notice of cancellation endorsement, the Contractor must notify the City of any cancellation, non-renewal or termination within two (2) business days of their receipt of such notice. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) with respect to work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claims are made or suit is brought, except with respect to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. The City waives no rights, and the Contractor is not excused from performance if Contractor fails to provide the City with a copy of the endorsement naming the City as a Primary Non-Contributory Additional Insured. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the same insurance requirements as stated herein for the Contractor. DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 01/09/2025 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 Leeann Harmon NAME: Elliott Powell Baden and Baker Inc. HONE o Ext: (503)227-1771 AXc,No: (503)274-7644 An ISU Network Member E-MAIL Iharmon@epbb.com ADDRESS: 1521 SW Salmon Street INSURER(S)AFFORDING COVERAGE NAIC# Portland OR 97205-1783 INSURERA: Western National Mutual 15377 INSURED INSURER B: Sound Pest Management INSURER C: 324 1 st Avenue So INSURER D: #102 INSURER E: Kent WA 98032 INSURER F: COVERAGES CERTIFICATE NUMBER: 2024-25 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcErDence $ 100'000 MED EXP(Any one person) $ 10,000 A X Washington Stop Gap CPP1298499 11/06/2024 11/06/2025 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 PRO 3,000,000 JECT ❑ LOC PRODUCTS-COMP/OP AGPOLICY $ OTHER: Pollution $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED CPP1298501 11/06/2024 11/06/2025 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X UMBRELLALIAB M OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE UMB1050248 11/06/2024 11/06/2025 AGGREGATE $ 5,000,000 DED X RETENTION $ 10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (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,maybe attached if more space is required) Attached policy forms CGMU1078 06.22,CG 2001 04.13,and WNCA27 06.16. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 400 West Gowe St AUTHORIZED REPRESENTATIVE Kent WA 98032 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG MU 1078 06 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY SPECIALTY SOLUTIONS ENHANCEMENT This endorsement modified insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM (CG 00 01) SUMMARY OF COVERAGES Description Limit Of Insurance Abduction $50,000 per Abduction/$50,000 Aggregate/$1,000 deductible Additional Insured—Broad Form Vendors Included Additional Insured—Lessor Of Leased Equipment Included Additional Insured—Managers Or Lessors Of Premises Included Additional Insured—State Or Political Subdivisions—Permits Included Additional Insureds By Written Contract Included Broad Form Property Damage $25,000 Per Occurrence Broad Knowledge/Notice Of Occurrence Included Damage To Premises Rented To You $300,000 Any One Premises Designated Location(s)—General Aggregate Limit Included Employee Bodily Injury To A Co-Employee Included Insured Contract Amended Included Medical And Dental Payments $10,000 Medical Expense Limit Mobile Equipment Included Non-Owned Watercraft 51 Feet Occupational License Review Expense $2,500 Per Review/$5,000 Aggregate Property Damage Liability—Borrowed Equipment $25,000 Occurrence/$50,000 Aggregate Property Damage Liability—Elevator And Sidetrack Agreement Included Supplementary Payments Increased Limits Bail Bonds $2,500 Loss Of Earnings Per Day $1,000 Unintentional Failure To Disclose Hazards Included Waiver Of Transfer Of Rights Of Recovery Against Others To Us Included CG MU 1078 06 22 Page 1 of 11 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. The terms and conditions of this policy are amended as indicated below: I. Non-Owned Watercraft SECTION I—COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, Exclusion 2.g.(2) is revised as follows: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your expressed or implied consent, either uses or is responsible for the use of the watercraft. This provision does not apply if the insured has any other insurance for "bodily injury" or "property damage" liability that would also be covered under this provision, whether the other insurance is primary, excess, contin- gent or on any other basis. In that case, this provision does not provide any insurance. II. Damage To Premises Rented To You Under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, the last paragraph of 2. is deleted and replaced with the following: Exclusions c. through n. do not apply to"Property Damage" to the premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage To Premises Rented To You Limit of Insur- ance applies to this coverage which is the greater of: 1. The Damage To Premises Rented To You Limit for Each Occurrence shown in the Declarations; or 2. $300,000 Under Section III— LIMITS OF INSURANCE, paragraph 6. does not apply. III. Supplementary Payments SECTION I—COVERAGES, SUPPLEMENTARY PAYMENTS—COVERAGES A& B, are revised as follows: 1. In paragraph 2., the limit of$250 for bail bonds is increased to $2,500. 2. In paragraph 4., the limit of$250 for daily loss of earnings is increased to$1,000. IV. Medical And Dental Payments Under SECTION I — COVERAGES, COVERAGE C. MEDICAL PAYMENTS, if COVERAGE C. MEDICAL PAYMENTS, is not otherwise excluded from this Coverage Part: 1. The Medical Payments Limit is changed to the greater of: a. $10,000; or b. The Medical Expenses Limit shown in the Declarations of this Coverage Part. 2. The provision, in C.1.a.(2) that the expenses must be incurred and reported to us within one year of the date of the accident, is increased to three years. V. Broad Form Property Damage Under SECTION I —COVERAGE A, Exclusion 2J. is amended as follows: 1. Paragraph (3) does not apply. 2. Paragraphs (4) and (6) do not apply to customer's property at your described premises. We do not cover any property: 1. Subject to motor vehicle registration; or 2. While being used to perform construction operations. Our limit for any one "occurrence" under this coverage provision is $25,000. The insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible) available to the insured, and SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. CG MU 1078 06 22 Page 2 of 11 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. VI. Occupational License Review Expense The following is added under SECTION I—COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. Insuring Agreement Subject to the per review and annual aggregate limits of insurance stated in this endorsement, we agree to pay the "insured" for reasonable and necessary covered expenses, as listed below, incurred and paid by the "insured" as a direct result of a `occupational license review", conducted by a governmental bureau, board, commission or department, occurring during the policy period and in the "coverage territory". a. Covered Expenses include: (1) Fees and expenses of any licensed independent investigative services or legal counsel, hired by the "insured"for the purpose of assisting or representing the"insured" at the "occupational license review"; and (2) Costs of travel, accommodations, and meals incurred by the"insured" in order to appear before the governmental bureau, board, commission or department. b. Exclusions This coverage will not pay for: (1) Hearing fees; or (2) Fines,judgments, lawsuits, or settlement amounts as the result of or in conjunction with the"occu- pational license review"; or (3) Expense(s)directly or indirectly caused or resulting from the fraudulent, dishonest, or criminal acts of the "insured", any director or officer of the "insured", or agents thereof, whether acting alone or in collusion with others; or (4) Lost salary or wages claimed by or for any "insured" while preparing for or attending the "occupa- tional license review". 2. For the purposes of the coverage provided by this provision, SECTION III — LIMITS OF INSURANCE is amended as follows: With respect to this endorsement only, the following apply: a. The per review limit of insurance shown in this endorsement is the most we will pay per review, regard- less of the number of"insureds" reviewed or subject to the "occupational license review". b. The annual aggregate limit of insurance shown in this endorsement is the most we will pay for all cov- ered expenses for each policy period. c. In the event that the "occupational license review" continues over more than one policy period, the expenses shall be limited to the annual aggregate applicable to the policy period when the license review began. d. In no event will any expense claimed for an "occupational license review" be recoverable as expense for another"occupational license review". e. The limits of insurance stated in this endorsement are not part of and are in addition to, the Liability Limits of Insurance shown in the Declarations for this policy. 3. For the purposes of the coverage provided by this provision, the following are added under SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS: a. In the event of a "occupational license review" during the policy period, the "insured"will: (1) Make every reasonable effort to give us immediate written notice and timely updates concurrent with activity regarding the"occupational license review"; (2) Provide us with the official report of the"occupational license review"; and (3) Provide us with documentation, including receipts, for expenses claimed under this coverage. b. The insurance under this endorsement will be excess over any other valid insurance or bond. CG MU 1078 06 22 Page 3 of 11 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 4. For the purposes of the coverage provided by this provision, the following are added under SECTION V— DEFINITIONS: a. "Insured" as used in this endorsement means an employee of the Named Insured shown in the Decla- rations, but does not include leased or temporary workers or volunteers. "Insured"does not include the Named Insured, unless the Named Insured is an individual person operating as a sole proprietorship, or any other business,whether corporation, partnership, limited liability company or other organization. "Insured" only includes natural persons. b. "Occupational license review" means a formal or informal proceeding conducted by a governmental bureau, board, commission or department charged with regulating the "insured's" occupational license and involving the review, modification, denial, suspension, or nonrenewal of the "insured's" occupa- tional license or involving disciplinary action against the "insured", including proceedings to impose a forfeiture or penalty; but "occupational license review" does not include a proceeding concerning any criminal or civil charge brought against the"insured". VII. Abduction The following is added under SECTION I—COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. Insuring Agreement Subject to the limits, aggregate and deductible as stated in this endorsement, we agree to pay the insured for reasonable and necessary Covered Expenses, as listed below, incurred and paid by the insured or "Guardian(s)" as a direct result of an "abduction" occurring during the policy period and in the "coverage Territory", provided that such"abduction" is otherwise the subject of this endorsement hereunder. Payment of such Covered Expenses may continue until the earliest of the following unless otherwise stated: a. Up to fourteen (14)days after the recovery of the "Covered Individual(s)"; or b. Discovery of the death of the "Covered Individual(s)"; or c. Twelve (12) months after the date of the "abduction". Covered Expenses include the following incurred expenses: a. Fees and expenses of any independent investigative services, provided that we have given prior con- sent to the use of such independent investigative services; and b. Reward to an "Informant"for information leading to the recovery of the "Covered Individual(s)" and the arrest and conviction of the party(ies) responsible for the"abduction"; and c. Fees and expenses of independent forensic analysts engaged by the insured or "Guardian(s)" with prior authorization from us; and d. Fees and expenses of public relations consultants to assist in the location of the"Covered Individual(s)"; and e. Publicity costs incurred solely and directly to assist in the resolution of an "abduction"; and f. Costs of travel and accommodations incurred by the insured or"Guardian(s)while attempting to resolve an "abduction"; and g. Rest and rehabilitation expenses including travel, lodging and meals of the"Covered Individual(s)"and "Guardian(s)" incurred by the "Guardian(s)" and paid by the insured following resolution of the loss covered hereunder. The total amount under this provision shall not exceed $10,000 for any single loss; and h. Lost salary of"Guardian(s)", which is the amount of compensation paid at an annual rate including the average bonuses and commissions, that the "Guardian(s)"would normally have earned; and I. Fees for psychological or psychiatric counseling for the benefit of"Guardian(s)", or siblings of the"Cov- ered Individual(s)" beginning on the date of recovery of the "Covered Individual(s)", until the earliest of the following: (1) Up to three (3) months after the recovery or discovery of the death of the "Covered Individual(s)"; or (2) Twelve (12) months after the date of the "abduction"; and CG MU 1078 06 22 Page 4 of 11 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. j. Fees for psychological or psychiatric counseling for the benefit of"Covered Individual(s)" beginning on the date of recovery of the "Covered Individual(s)" and continuing up to twelve (12) months thereafter; and k. Medical services and hospitalization costs incurred for the "Covered Individual(s)" as a result of the "abduction"beginning on the date of recovery of the"Covered Individual(s)"and continuing up to twelve (12) months thereafter; and I. Funeral and burial expenses of"Covered Individual(s)" resulting from an "abduction". 2. Exclusions We will not pay any expense(s)directly or indirectly caused or resulting from: a. The fraudulent, dishonest, or criminal acts of any "Insured", any director or officer of the "Insured", parents or"Guardian(s)" or agents thereof, whether acting alone or in collusion with others; or b. Any legal liability or costs of defense for administrative, regulatory,judicial or other claims hearings or lawsuits arising out of the "abduction"; or c. Payment of any"ransom" or demand for money. For the purposes of the abduction coverage provided by this provision, SECTION III—LIMITS OF INSURANCE is amended as follows: 1. The Limits of Insurance shown on this Endorsement and the rules below fix the most that we will pay regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bring "suits". 2. The Aggregate Limit shown on this Endorsement is the most we will pay for all Covered Expenses for each policy period. All expenses arising from an act or series of related acts involving one or more persons or an act error or event or a series of related acts, errors or events shall be treated as arising out of one"abduction". However we will not pay for any loss resulting from an "abduction"which is part of a series of related acts that began prior to the effective date of this insurance. 3. In no event will any expense claimed, incurred or paid under one"abduction" be recoverable under another "abduction". 4. The"abduction" limit is included as part of the Limits of Insurance under the Liability and Medical Expenses Aggregate Limit. 5. We will not pay for loss in any one "abduction" until the amount of loss exceeds the deductible shown on this Endorsement. We will than pay the amount of loss in excess of the deductible up to the applicable Limit of Insurance as shown in this Endorsement. The deductible will not reduce the Limit of Insurance. For the purposes of the abduction coverage provided by this provision, the following are added under SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS: 1. In the event of an "abduction" during the Policy Period, the"Insured"will make every reasonable effort to: (a) Determine that the "abduction" has actually occurred prior to incurring costs; and (b) Give immediate oral and written notice to us with periodic and timely updates concurrent with activity oc- curring during the incident; and (c) Immediately notify local, national or other appropriate law enforcement agency having jurisdiction over the matter. 2. Confidentiality The "Insured"will use all reasonable efforts not to disclose the existence of this Endorsement. 3. Other Insurance The insurance under this Endorsement will be excess over any other valid insurance. CG MU 1078 06 22 Page 5 of 11 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 4. Cooperation You must cooperate with us in all matters pertaining to this insurance as stated in its terms and conditions. 5. Due Diligence You and every insured or"guardian" must exercise due diligence in doing all things reasonably practicable to avoid or diminish any loss covered under this insurance. For the purposes of the abduction coverage provided by this provision, the following are added under SECTION V —DEFINITIONS: 1. "Abduction" means the wrongful and illegal seizure of a "Covered Individual(s)", by someone other than a "Guardian(s)" or an agent thereof, from the "premises" of the insured or on any other premises while such "Covered Individual(s)" are under the control of the insured occurring during the policy period. "Abduction" as used in this endorsement does not include the actions of any official acting within their lawful authority. 2. "Covered Individual(s)" means individual(s) under the care, custody and control of the insured. 3. "Informant'means any person, other than a"Covered Individual', providing information not otherwise obtainable solely in return for a reward offered by the insured. 4. "Guardian(s)" means the natural and legal Parent(s) or legal and appointed Guardian, step-Parent(s) or foster Parent(s) of a "Covered Individual(s)" regardless of who has legal custody. 5. "Premises" means any place the insured conducts business. 6. "Ransom" means a consideration paid or demanded for the release of a "Covered Individual(s)"from captivity. Vill. Property Damage Liability— Elevators And Sidetrack Agreements The following is added under SECTION I—COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. Exclusions j. (3), (4) and (6) do not apply to the use of elevators. 2. Exclusion k. does not apply to: a. The use of elevators; or b. Liability assumed under a sidetrack agreement. The insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible) available to the insured, and SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. IX. Designated Location(s)-General Aggregate Limit The following is added under SECTION I—COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A(Section 1), and for all medical expenses caused by accidents under COVERAGE C (Section 1), which can be attributed only to operations at a single designated "location" shown in the Decla- rations: a. A separate Designated Location General Aggregate Limit applies to each designated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. b. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of"bodily injury" or property damage" included in the "products-completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: (1) Insureds; (2) Claims made or"suits" brought; or (3) Persons or organizations making claims or bringing "suits". CG MU 1078 06 22 Page 6 of 11 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. c. Any payments made under COVERAGE A,for damages or under COVERAGE C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated "location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated "location"also shown in the Declarations. d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. 2. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (Section 1), and for all medical expenses caused by accidents under COVERAGE C (Section 1), which cannot be attributed only to operations at a single designated "location" shown in the Declarations: a. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Op- erations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any Designated Location Aggregate Limit. 3. When coverage for liability arising out of the"products-completed operations hazard" is provided, any pay- ments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. 4. The following is added under SECTION V—DEFINITIONS "Location" means premises involving the same or connecting lots, or premises whose connection is inter- rupted only by a street, roadway, waterway or right-of-way of a railroad. 5. The provisions of LIMITS OF INSURANCE (SECTION 111) not otherwise modified by this coverage shall continue to apply as stipulated. X. Property Damage Liability—Borrowed Equipment The following is added to Exclusion j. under Coverage A. (Section 1): Paragraph (4) of this exclusion does not apply to equipment which you borrow unless the "property damage" occurs while such equipment is being used by an insured at a job site. Subject to all of the terms of SECTION III—LIMITS OF INSURANCE, the maximum limit in any one occurrence is $25,000 and an annual aggregate of$50,000. This insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible)available to you, and SECTION IV—COMMERCIAL GENERAL LIABILITY CONDI- TIONS 4. Other Insurance is changed accordingly. XI. Additional Insureds By Written Contract A. SECTION II—WHO IS AN INSURED is amended to include as an additional insured any person or organ- ization that you are required to add as an additional insured to this policy by a written contract or written agreement that is: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury", "property damage", "personal and advertising injury". B. The insurance provided to the additional insured applies as follows: 1. That person or organization is only an additional insured with respect to liability caused by your negli- gent acts or omissions at or from: (a) Premises you own, rent, lease, or occupy or (b) Your ongoing operations performed for the additional insured at the job indicated by written contract or agreement. 2. The limits of insurance applicable to the additional insured are those specified in the written contract or agreement or in the Declarations of this policy whichever is less.These limits of insurance are inclusive of and not in addition to the limits shown in the Declarations. CG MU 1078 06 22 Page 7 of 11 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. C. With respect to the insurance afforded these additional insureds, the following additional insured exclusion applies: 1. If the additional insured is an architect, engineer, or surveyor, this insurance does not apply to "bodily injury", "property damage", "personal and advertising injury"arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings, designs or specifications; or (b) Supervisory, inspection, architectural or engineering activities. 2. The insurance afforded the additional insured does not apply to: (a) "Bodily injury" or"property damage"occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs)to be performed by or on the behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than the contractor or subcontractor engaged in per- forming operations for a principal as part of the same project. XII. Additional Insured —State or Political Subdivisions— Permits The following is added to SECTION II—WHO IS AN INSURED: 1. Any state or political subdivision which has issued a permit to you, subject to the following provisions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state, governmental agency or political subdivision has issued a permit or authorization. b. This insurance does not apply to: (1) "Bodily injury", "property damage", "personal and advertising injury" arising out of operations per- formed for the federal government, state or municipality; or (2) "Bodily injury' or"property damage" included within the "products-completed operations hazard". XIII. Additional Insured— Managers Or Lessors of Premises The following is added to SECTION II -WHO IS AN INSURED: 1. Any manager or lessor of premises shown in the Declarations is also an insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations and subject to the following additional exclusions: The following exclusions are added: 1. This insurance does not apply to: a. Any"occurrence"which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of any man- ager or lessor of premises shown in the Declarations. XIV. Additional Insured— Lessor of Leased Equipment The following is added to SECTION II -WHO IS AN INSURED: 1. The person(s) or organization(s)who leases equipment to you for use in your business is also an insured, but only with respect to liability for "bodily injury", "property damage", "personal and advertising injury" caused, in whole or in part, by your negligent acts or omissions in the maintenance, operation or use of equipment leased to you by such person(s)or organization(s). However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. c. Does not apply to any"occurrence"which takes place after the equipment lease expires; CG MU 1078 06 22 Page 8 of 11 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 2. With respect to the insurance afforded to the Lessor, the following additional exclusions apply: "Bodily injury" or"property damage" arising out of: (1) The assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the Lessor would have in the absence of the contract or agreement; (2) Any express warranty made by the Lessor; (3) The demonstration, installation, servicing, inspections, adjustments, tests, repair, or maintenance op- erations by or for the Lessor; (4) The negligence or strict liability of the Lessor for its own acts or or omissions or those of its employ- ees or anyone else acting on its behalf; or (5) Any failure on the part of the Lessor to provide information, instructions and/or warnings with respect to the maintenance, use or operation of the equipment. XV. Additional Insured —Broad Form Vendors The following is added to SECTION II -WHO IS AN INSURED: 1. Any person(s)or organization(s) (referred to below as vendor)with whom you agreed, because of a written contract or agreement to provide insurance is also an additional insured, but only with respect to "bodily injury"or"property damage"arising out of"your products"which are distributed or sold in the regular course of a vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury"or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection; demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests, or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the dis- tribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product. (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a con- tainer, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury"or"property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Sub-Paragraphs (4) or(6); or (b) Such inspections,adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. c. This provision does not apply to any vendor included as an insured by an endorsement issued by us and made part of the Coverage Part. d. This provision does not apply if"bodily injury" or"property damage" included within the "products-com- plete hazards" is excluded either by the provisions of the Coverage Part or by endorsement. CG MU 1078 06 22 Page 9 of 11 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. XVI. Employee Bodily Injury To A Co-Employee SECTION II-WHO IS AN INSURED paragraph 2.a.(1) is replaced by the following: However, none of these "employees" or "volunteer workers" are insureds for "bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other"volunteer workers"while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of the co-"employee"or"volunteer worker" as a consequence of Paragragh (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if a suit seeking damages for"bodily injury" or"personal and advertising injury"to any co-"employee" or other"volunteer worker" arising out of and in the course of the co-"employee's" or"volunteer worker's" em- ployment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse,child, parent, brother or sister of the co-"employee"or other"volunteer worker",is brought against you or a co-"employee" or a"volunteer worker", we will reimburse the reasonable costs that you incur in provid- ing a defense to the co-"employee" or "volunteer worker" against such matters. Any reimbursement made pursuant to this sub-section will be in addition to the limits of liability set forth in the Declarations. XVII. Broad Knowledge/Notice Of Occurrence The following is added under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: The requirement in condition 2.a. that you must see to it that we are notified of an "occurrence" or offense applies only when the "occurrence" or offense is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An "Executive Officer" or insurance manager, if you are a corporation; or 5. A member, if you are a limited liability company. The requirement in condition 2.b. that you must see to it that we receive notice of a claim or "suit" will not be considered breached unless the breach occurs after such claim or"suit" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An "Executive Officer" or insurance manager, if you are a corporation; or 5. A member, if you are a limited liability company. If you report an accident to your Workers' Compensation insurance carrier which later develops into a liability occurrence, coverage for which is provided by this policy, failure to report such occurrence to us at the time of the accident shall not be a violation of the notification of loss condition in this policy (Condition 2. in Section IV). It is understood and agreed, however, that you shall give notification of such occurrence to us as soon as you are made aware of the fact that the particular accident has developed into a liability claim. CG MU 1078 06 22 Page 10 of 11 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. XVIII. Unintentional Failure To Disclose Hazards Under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 6. Representations is replaced by the following: By accepting this policy, you agree; 1. The statements in the Declarations are accurate and complete; 2. Those statements are based upon representations you made to us; and 3. We have issued this policy in reliance upon your representations; If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. XIX. Waiver Of Transfer Of Rights Of Recovery Against Others To Us Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, the paragraph 8. Transfer of Rights of Recovery Against Others To Us condition is amended by the addition of the following: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and include in the "products—completed operations hazard"when you have waived such right of recovery under a written contract with that person or organization. Such written contract must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury", "property damage", "personal and advertising injury"; or 3. Executed after"bodily injury", "property damage", "personal and advertising injury" if: a. The terms and conditions of the written contract or written agreement had been agreed upon prior to the "bodily injury", "property damage", "personal and advertising injury"; and b. The insured can definitively establish that the terms and conditions of the written contract or written agreement ultimately executed are the same as those which had been agreed upon prior to the"bodily injury", "property damage", "personal and advertising injury". XX. Insured Contract SECTION V— DEFINITIONS, "Insured Contract" paragraph 9.a. is replaced by the following: A contract for a lease of premises. However,that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract'. XXI. Mobile Equipment The following is added under SECTION V— DEFINITIONS, 12. "Mobile Equipment': Paragraph f.(1) does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight. CG MU 1078 06 22 Page 11 of 11 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 WN CA 27 06 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Business Auto Coverage Form identified in this endorsement will be amended as shown below. SECTION II — COVERED AUTOS LIABILITY g. Any "employee" of yours is an "insured" while COVERAGE AMENDMENTS operating a covered "auto" hired or rented A. Who Is An Insured under a contract or agreement in the "employee's" name, with your permission, SECTION II — COVERED AUTOS LIABILITY while performing duties related to the conduct COVERAGE, A. Coverage, 1. Who Is An Insured of your business. is amended to add: B. Blanket Additional Insured d. Any legally incorporated subsidiary of yours in SECTION II — COVERED AUTOS LIABILITY which you own more than 50% of the voting COVERAGE, A. Coverage, 1. Who Is An stock on the effective date of this coverage Insured, paragraph c. is amended to add the form. following: However, "insured" does not include any Any person or organization who is required under a subsidiary of yours that is an "insured" under written contract or agreement between you and any other automobile liability policy, or would that person or organization, that is signed and be an "insured" under such policy but for executed by you before the "bodily injury" or termination of such policy or the exhaustion on "property damage" occurs and that is in effect such policy's limits of insurance. during the policy period, to be named as an e. Any organization which is newly acquired or additional insured is an "insured" for Liability formed by you and over which you maintain Coverage, but only for damages to which this majority ownership. However, coverage under insurance applies and only to the extent that this provision: persons or organization qualifies as an "insured" under the Who Is An Insured provision contained in (1) is afforded only for the first 180 days after Section II. you acquire or form the organization or until the end of the policy period, C. Liability Coverage Extensions —Supplementary whichever comes first; Payments (2) does not apply to "bodily injury" or SECTION II — COVERED AUTOS LIABILITY "property damage" that results from an COVERAGE, A. Coverage, 2. Coverage "accident' that occurred before you formed Extensions, a. Supplementary Payments is or acquired the organization; amended by replacing subparagraphs (2) and (4) with the following: (3) does not apply to any newly acquired or formed organization that is a joint venture (2) Up to $5,000 for cost of bail bonds (including or partnership; and bonds for related traffic law violations) required because of an "accident" we cover. We do not (4) does not apply to an "insured" under any have to furnish these bonds. other automobile liability policy, or would be an "insured" under such a policy but for (4) All reasonable expenses incurred by the termination of such policy or the "insured" at our request, including actual loss exhaustion of such policy's limits of of earnings up to $500 a day because of time insurance. off from work. f. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 5 D. Fellow Employee Coverage D. Glass Repair—Deductible Waiver SECTION II — COVERED AUTOS LIABILITY SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions, 5. Fellow COVERAGE, A. Coverage, 3. Glass Breakage— Employee, the following is added: Hitting A Bird Or Animal — Falling Objects Or Co-Employee Lawsuit Defense Cost Missiles, is amended by adding the following: Reimbursement No deductible will apply to glass breakage if such glass is repaired, in a manner acceptable to us, If a suit seeking damages for "bodily injury" to any rather than replaced. fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" E. Hired Auto Physical Damage employment or while performing duties related to the conduct of your business, or a suit seeking SECTION III — PHYSICAL DAMAGE damages brought by the spouse, child, parent, COVERAGE, A. Coverage is amended by adding the following: brother or sister of that fellow "employee", is brought against you, we will reimburse reasonable 5. Hired Auto Physical Damage costs that you incur in the defense of such matters. Any reimbursement made pursuant to If hired "autos" are covered "autos" for Liability this sub-section will be in addition to the limits of Coverage and if Comprehensive, Specified liability set forth in the Declarations. Causes of Loss, or Collision coverages are provided under this coverage form for any SECTION III — PHYSICAL DAMAGE COVERAGE "auto" you own, then the Physical Damage AMENDMENTS Coverages provided are extended to "autos" you hire of like kind and use, subject to the A. Transportation Expense—Limits Amended following: SECTION III — PHYSICAL DAMAGE a. The most we will pay for any one "loss" is COVERAGE, A. Coverage, 4. Coverage $50,000 or the actual cash value or cost to Extensions, a. Transportation Expenses is repair or replace, whichever is less, minus amended by replacing $20 per day/$600 maximum a deductible; limit with $50 per day/$1000 maximum. b. The deductible will be equal to the largest deductible applicable to any owned "auto" B. Hired Auto Physical Damage — Loss Of Use for that coverage. Any Comprehensive Expenses—Limits Amended deductible does not apply to "loss" caused SECTION III — PHYSICAL DAMAGE by fire or lightening, COVERAGE, A. Coverage, 4. Coverage c. Hired Auto Physical Damage coverage is Extensions, b. Loss of Use Expenses is excess over any other collectible amended by replacing the $20 per day/$600 insurance, and maximum limit with $50 per day/$750 maximum limit. d. Subject to the above limit, deductible and excess provisions we will provide C. Personal Effects Coverage coverage equal to the broadest coverage SECTION III — PHYSICAL DAMAGE applicable to any covered"auto"you own. COVERAGE, A. Coverage, 4. Coverage If a limit for Hired Auto Physical Damage is Extensions is amended by adding the following: indicated in the Declarations, then that limit replaces, and is not added to, the $50,000 limit c. Personal Effects indicated above. We will pay up to $500 for "loss" to personal effects, which are: (1) Owned by an"insured", and (2) In or on your covered"auto." This coverage applies only in the event of the total theft of your covered "auto." No deductible applies to this coverage WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 5 F. Rental Reimbursement G. Accidental Airbag Deployment Coverage SECTION III —PHYSICAL DAMAGE COVERAGE SECTION III — PHYSICAL DAMAGE A. Coverage, is amended by adding the following: COVERAGE, A. Coverage is amended by adding 6. Rental Reimbursement the following: This coverage applies only to a covered "auto" 7. Accidental Airbag Deployment Coverage of the private passenger or light truck type as We will pay to reset or replace factory installed follows: airbag(s) in any covered "auto" for accidental discharge, other than discharge due to a a. We will pay for rental reimbursement collision loss. expenses incurred by you for the rental of a private passenger or light truck type This coverage is applicable only if "auto" because of "loss" to a covered comprehensive coverage applies to the private passenger or light truck type covered"auto". "auto". Payment applies in addition to the otherwise applicable amount of each This coverage is excess over any other coverage you have on a covered private collectible insurance or reimbursement by passenger or light truck type "auto." No manufacturer's warranty. deductibles apply to this coverage. H. Auto Loan/Lease Gap Coverage b. We will pay only for those expenses SECTION III PHYSICAL DAMAGE COVERAGE, incurred during the policy period beginning 24 hours after the "loss" and ending, Item A., Coverage, is amended by adding the regardless of the policy's expiration, with following: the lesser of the following number of days: g, Auto Loan/Lease Gap Coverage (1) The number of days reasonably This coverage applies only to a covered "auto" required to repair or replace the described or designated in the Schedule or in covered private passenger or light the Declarations as including physical damage truck type "auto". If "loss" is caused coverage. by theft, this number of days is added to the number of days it takes to In the event of a covered total "loss" to a locate the covered private passenger covered "auto" described or designated in the or light truck type "auto" and return it Schedule or in the Declarations, we will pay to you; or any unpaid amount due on the lease or loan (2) 30 days. for a covered"auto"less: c. Our payment is limited to the lesser of the a. The amount paid under the Physical following amounts: Damage Coverage Section on the policy; and (1) Necessary and actual expenses b. Any: incurred, or (2) $50 per day, up to a maximum of (1) Overdue lease/loan payments at the $1,000. time of the"loss"; d. This coverage does not apply while there (2) Financial penalties imposed under a are spare or reserve private passenger or lease for excessive use, abnormal light truck type "autos" available to you for wear and tear or high mileage; your operations. (3) Security deposits not returned by the e. If "loss" results from the total theft of a lessor; covered "auto" of the private passenger or light truck type, we will pay under this (4) Costs for extended warranties, Credit coverage only that amount of your rental Life Insurance, Health, Accident or reimbursement expenses which is not Disability Insurance purchased with already provided for under SECTION III — the loan or lease; and PHYSICAL DAMAGE COVERAGE, A. Coverage,4. Coverage Extensions. (5) Carry-over balances from previous loans or leases. For the purposes of this Rental Reimbursement coverage, light truck is defined as a truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as the maximum loaded weight the auto is designed to carry. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 5 SECTION IV — BUSINESS AUTO CONDITIONS C. Unintentional Failure to Disclose Hazards AMENDMENTS SECTION IV — BUSINESS AUTO CONDITIONS, A. Duties In The Event Of Accident, Claim, Suit Or B. General Conditions, 2. Concealment, Loss Amended Misrepresentation Or Fraud, is amended by SECTION IV — BUSINESS AUTO CONDITIONS, adding the following paragraph: A. Loss Conditions, 2. Duties In The Event Of If you unintentionally fail to disclose any hazards Accident, Claim, Suit Or Loss, a. is amended by existing at the inception date of the policy, or adding the following: during the policy period in connection with any additional hazards, we will not deny coverage This condition applies only when the "accident" or under this Coverage Part because of such failure. "loss"is known to: (1) You, if you are an individual; D. Employee Hired Auto (2) A partner, if you are a partnership; SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, S. Other Insurance, (3) An executive officer or insurance manager, if paragraph b. is deleted and replace by the you are a corporation; or following: (4) A member or manager, if you are a limited b. For Hired Auto Physical Damage Coverage, liability company. the following are deemed to be a covered "autos"you own: But, this section does not amend the provisions relating to notification of police, protection or (1) Any covered "auto" you lease, hire, rent or examination of the property which was subject to borrow. the"loss". (2) Any covered "auto" hired or rented by your B. Blanket Waiver of Subrogation "employee" under a contract in that individual "employee's" name, with your Section IV — BUSINESS AUTO CONDITIONS, A. permission, while performing duties related Loss Conditions, 5. Transfer of Rights of to the conduct of your business. Recovery Against Others to Us, is amended by adding the following exception: However, any "auto" that is leased, hired, rented or borrowed with a driver is not a However, we waive any right of recovery we may covered"auto". have against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 5 POLICY NUMBER: CPP1298499 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Persons or organizations as required under a legally enforceable,fully excuted written contract with the named Locations per written contract. insured, entered into before the claim or loss for which this policy applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodilyinjury" or ., pp y damage" or "personal and advertising injury" caused, in whole or in part, by: property damage occurring after: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III — Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: CPP1298499 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Persons or organizations as required under a legally enforceable,fully excuted written contract with the named Per Written Contract insured, entered into before the claim or loss for which this policy applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III— Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the"products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable limits of 1. The insurance afforded to such additional insurance; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the 2. If coverage provided to the additional insured is applicable limits of insurance. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Signature: Tong khau Signature: Plkd�w H"ffli Tona Khau(Jan 10,202515:07 PST) Phung Huyn (Jan 13, 02507:05 PST) Email: tkhau@kentwa.gov Email: parkscontracts@kentwa.gov Signature: H,-ia I I-OyO h4Lz7ln Brian Levenhagen(Jan 13,2025 OY.57 PST) Email: bjlevenhagen@kentwa.gov FAC-0125-Sound Pest-Monthly Service Final Audit Report 2025-01-13 Created: 2025-01-10 By: Leah Bryant(Ibryant@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAh4cuB52XzrJNdl7UWAAvegDO57B3mHzw "FAC-0125-Sound Pest-Monthly Service" History Document created by Leah Bryant(Ibryant@kentwa.gov) 2025-01-10-10:58:36 PM GMT Document emailed to tkhau@kentwa.gov for signature 2025-01-10-11:03:34 PM GMT Email viewed by tkhau@kentwa.gov 2025-01-10-11:06:11 PM GMT Signer tkhau@kentwa.gov entered name at signing as Tona Khau 2025-01-10-11:07:36 PM GMT ca Document e-signed by Tona Khau (tkhau@kentwa.gov) Signature Date:2025-01-10-11:07:38 PM GMT-Time Source:server Document emailed to Frank Carter(soundpest@comcast.net)for signature 2025-01-10-11:07:40 PM GMT 3 Email viewed by Frank Carter(soundpest@comcast.net) 2025-01-11 -0:13:38 AM GMT Document e-signed by Frank Carter(soundpest@comcast.net) Signature Date:2025-01-11 -0:43:21 AM GMT-Time Source:server Document emailed to Kent Parks (parkscontracts@kentwa.gov)for signature 2025-01-11 -0:43:23 AM GMT Email viewed by Kent Parks (parkscontracts@kentwa.gov) 2025-01-13-3:04:38 PM GMT EY Signer Kent Parks (parkscontracts@kentwa.gov) entered name at signing as Phung Huynh 2025-01-13-3:05:27 PM GMT Q Adobe Acrobat Sign E= Document e-signed by Phung Huynh (parkscontracts@kentwa.gov) Signature Date:2025-01-13-3:05:29 PM GMT-Time Source:server Document emailed to Brian Levenhagen (bjlevenhagen@kentwa.gov)for signature 2025-01-13-3:05:31 PM GMT Email viewed by Brian Levenhagen (bjlevenhagen@kentwa.gov) 2025-01-13-5:56:14 PM GMT E= Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date:2025-01-13-5:57:43 PM GMT-Time Source:server Agreement completed. 2025-01-13-5:57:43 PM GMT Adobe Acrobat Sign