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HomeMy WebLinkAboutPK14-076 - Original - Sprague Pest Solutions - Monthly Pest Control Services - 04/01/2014 Records M ,--, emeKEDocumentNT _ „ ' ,�. ���� t CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Sprague Pest Solutions Vendor Number: 152171 JD Edwards Number Contract Number: *pK ly avolV This Is assigned by City Clerk's Office Project Name: Provide Monthly Pest Control Services - Various City of Kent Facilities Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 04/01/14 Termination Date: 03/31/19 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment 3 Contract Manager: Nancy Clary Department: Parks Facilities Detail: (i.e. address, location, parcel number, tax id, etc.): 5 Public\RecordsManagement\Forms\Contrac[Cover\adcc7832 11/08 KENT W.I.INGT.1 GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE between the City of Kent and Sprague Pest Solutions THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Sprague Pest Solutions organized under the laws of the State of Washington, located and doing business at 2712 A Street, Tacoma, WA 98401, Ray Marinello, 253 572-6500 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: Sprague Pest Solutions shall provide monthly pest control services at various city facilities throughtout the City of Kent. This is a five (5) year agreement with an initial service charge of $730.00 (plus applicable WSST) charged the first year of the agreement for the setup of bait stations at the various facilities. Years two (2) through (5) will be charged at the annual rate in accordance with the Quotation attached as Exhibit A. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by March 31, 2019. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $10,391.55 for the 1st year and $9,592.20 for years 2-5, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 1 (Over$10,000.00, including WSST) a Invoices shall be rendered quarterly; Net 30 days If the City objects to all or any portion of an invoice, it shall notify 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 Vendor for any defective or unauthorized goods, materials or services. If 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 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. 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. Vendor shall pay prevailing wages in effect on the date the bid is accepted or executed by 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 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 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. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 2 (Over$10,000.00, including WSST) I D. The Vendor is responsible for filing as they become due all necessary tax k 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 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. 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, Vendor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date 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 VII, 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 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. 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 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. GOODS &SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 3 (Over$10,000.00, including WSST) At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. k 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 j 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. 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 GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 4 (Over$10,000,00, including WSST) shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. 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 one (1) year from the date such correction is completed and accepted by the City. 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 i incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy ; Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. j XII. INDEMNIFICATION. 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 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 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 Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 5 (Over$10,000,00, including WSST) i in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. i 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 Vendor. 1 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. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 6 (Over$10,000.00, including WSST) 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 Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. 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. J. Counterparts. 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. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: By ( ,gnature (signature) Print d arpe• _ -eV f0G( Pri t a Suzette Cooke Its W L-U.- � j f It Mayor (r,tr � DATE: t=l" y DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Ray Marinello Alex Ackley, Parks Facilities Superintendent Sprague Pest Solutions City of Kent 2712 A Street 220 Fourth Avenue South Tacoma, WA 98401 Kent, WA 98032 253 572-6500 (telephone) (253) 856-5081 (telephone) 253 572-5449 (facsimile) (253) 856-6080 (facsimile) APPROV D AS TZrO . f Kent Law Department Sprague Pest Solutions_Grdmary Mai nt-GoodsSNSAgr-0ver1OK doc GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 7 (Over$10,000.00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, 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 questions 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 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. S. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: Sat , Title: l - `r E'S i�eA Date: %3 vu;; / EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity 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. 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 assume 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 - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 i a m � x 4 Wy W cc Q U W a y zv, W c 2 m � w � 5a u cc Ilk O O O 9 O # Wt5 o r a b I � �o D h D O 2 Z m m D C O D � = c z A m m _u W D V W O d y y N N J Q O 00 q Q C N Y Y O w L N L N a a Z a 0 a y u .0. e z �n v 3 3 3 0 0 n v v {.. LL LL ti O r1 ed ei Vf m C7 O m N cf t~p IMD lnp r1 N O O N O Vl O M e-1 m N O N N O C w C. O O N N W O y O N R/ Vl GO W C Z ; a rl rl VI N .-I N N N N N l(1 �D a0 OI N N N Vt Cr C = 6 y 'O N 1 U W }E `� Y O Z Z Ur O G O O O O C m d O y W m O L C LL V a Q Z G Ouyy aam 0 a0 O a$ od auti vn� �mm inv� �zwv cm>` ✓uD� v�yu b3a�-' `va2 �o L�mu Y LZ m u i FACILITIES MANAGEMENT Alex Ackley Superintendent 220 41'Avenue South Kent, WA 98032 KENT Fax- 253-8S6-6080 w SHINGTON PHONE: 253-856-5080 February 20, 2014 Sprague Pest Solutions 2725 Pacific Avenue P.O. Box 2222 Tacoma, WA 98402 Your company is invited to quote on the Pest Control Services for the City of Kent. Requirements for service: 1. Vendor shall provide monthly rodent control services at various City of Kent locations as specified on attached Quotation Form. This will include setup of bait stations and rodent traps, maintenance, removal and disposal of rodents, and monthly inspection of all necessary interior and/or exterior bait stations and rodent traps. 2. Vendor shall provide monthly scheduled days of inspection for each location. WIII also provide monthly inspection sheets indicating Inspection performed, what was found upon Inspection, as well as any recommended additional work. 3. Invoices shall be rendered quarterly beginning with the effective date and are payable no later than thirty (30) days from date of invoice. 4. This service contact shall remain in effect for five (5) years. Either party upon thirty (30) days written notice may cancel the contract. 5. Vendor shall perform the work required pursuant to this Agreement during regular working hours, including callbacks. In the event of an emergency, Contractor agrees to provide emergency services to the City on a 7 days a week, 24 hour basis. You will also find a sample City of Kent contract with this Request for Quote. If you are awarded this contract, you will be required to obtain the insurance documents > listed in the sample contract, as well as file your Intent to Pay Prevailing Wages m with the State of Washington. You will also be required to have and maintain a City of Kent Business License throughout the life of the contract. Y This contract will commence on April 1, 2014 and be in force for five (5) years, 3 ending March 31, 2019. 3 3 MAYOR SUZETTE COOKE City of Kent Parks, Recreation &Community Services Jeff Watling, Director z Please complete the Quotation Form provided and return it to the City of Kent, Facilities Department, Attention: Alex Ackley, 220 Fourth Avenue South, Kent, WA 98032, no later than March 5, 2014. You may contact me at 253 856-5081 should you have any questions or concerns. Sincerely, Alex Ackl y Facilities Superintendent Attachments EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (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. 2. Commercial General Liability insurance shall be written on 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 1185. 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued ) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as 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 claim is made or suit is brought, except with respects 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 ANII. 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. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. ATE ®1110.� CERTIFICATE OF LIABILITY INSURANCE D03/27/DD/Y4 ACORO 03/27/2014 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(les)must 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 1-800-326-6203 CONTACTNAME pfiSTSURH CERTIFICATES Arthur J. Gallagher Risk Management Services, Inc. PHONE FAX C No Ext 1-800-326-6203 AIC No 972-663-6258 Two Lincoln Centre E-MAIL ADDRESS PESTSURHCERT_S®AJG.COM 5420 LBJ Fury. Suite 400 Dallas, TX 75240 INSURERS AFFORDING COVERAGE NAICM INSURER OLD REPUBLIC INS CO 24147 INSURED INSURER XL INS AMER INC 24554 W.B. SPRAGUE COMPANY, INC. INSURERC TACOMA BRANCH #01 P.O. BOX 2222 INSURER TACOMA, WA 98401 INSURER INSURER F COVERAGES CERTIFICATE NUMBER: 38986862 REVISION NUMBER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR rypE OF INSURANCE AD L UBR POLICY EFF POLICY EXP LIMITS LTR POLICYNUMBER MMIDD/YYYY MMIDDIYYYY A GENERAL LIABILITY X MWZY 300290 01/01/14, 01/01/15 EACHOCCURRENCE $2,000,000 gDAMAGE TO RENTED 100,000 COMMERCIAL GENERAL LIABILITY PREMISES Ea occurtence $ CLAIMS-MADE lxl OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&AOV INJURY $ 2,000,000 GENERAL AGGREGATE $4,000,000 GEWL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $4,000,000 POLICY X I PRO LOG $ A AUTOMOBILE LIABILITY X MNTB 300291 EOM13IINdeD SINGLE LIMIT 2,000,000 X ANY AUTO BODILY INJURY(Per person) $ g ALL OWNED SCHEDULED BODI LY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident E X UMBRELLA LIAR E OCCUR X US00064673LI14A 01/01/1 01/01/15 EACH OCCURRENCE $ 3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 3,000,000 DED RETENTION$ $ A WORKERS COMPENSATION MNC 300289 00 01/01/1 01/01/15 X WC LIMIT OR AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA -- (Mandatory In NH) E L DISEASE-EA EMPLOYEE $ 1,000,000 If yas,descnbe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,U more space Is required) ALL LOCATIONS AND OPERATIONS. ADDITIONAL INSURED COVERAGE IS PROVIDED BY FORM # CG 2010 (07/04). SEE ATTACHED. City of Rent is named as Additional Insured. Completed Operations is included on the General Liability Policy. Insurance is Primary and Non-Contributory. 30 Days Notice of Cancellation (10 Days for Non-Payment of premium). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF RENT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS 220 FOURTH AVENUE SOUTH AUTHORIZED REPRESENTATIVE RENT, WA 98032 USA ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD waseemdal 38986862 POLICY NUMBER: HWZY 300290 COMMERCIAL GENERAL LIABILITY CG 25 03 11 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The General Aggregate Limit under LIMITS OF INSURANCE (SECTION 111) applies separately to each of your projects away from premises owned by or rented to you CG 26 03 1185 Copyright, Insurance Services Office, Inc., 1984 POLICY NUMBER WZY 300290 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 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 9 COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Locations Of Covered Operations CITY OF KENT As required by contract or agreement. All locations. 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 exclu- organization(s) shown in the Schedule, but only sions apply with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage or personal and advertising injury "property damage"occurring after caused, in whole or in part, by 1. Your acts or omissions, or 1. All work, including materials, parts or equip- ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf, or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed, or nated above 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project CG 20 10 07 04 0 ISO Properties, Inc, 2004 Page 1 of 1 ❑ POLICY NUMBER MWZY 300290 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ ization s : Location And Description Of Completed Operations CITY OF KENT 220 FOURTH AVENUE SOUTH RENT, WA 98032 USA All locations. Information required to complete ttns Schedule, if not shown above, will be shown in the Declarations Section II—Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and de- scribed in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard" CG 20 37 07 04 0 ISO Properties, Inc , 2004 Page 1 of 1 0 SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 03/27/2014 NAME OF INSURED W.B. SPRAGUE COMPANY, iNC. TACOMA BRANCH #01 Additional Descnption of Operattons/Remarks from Page 1 Additional Information SUPP(05104) REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes Reviewed by Director Originator's Name: Alex Ackley Dept/Div. Parks Facilities Extension: 5081 Date Sent: March 31, 2014 Date Required: Aril 7, 2014 Return to: Nancy Clary x5084 CONTRACT TERMINATION DATE: 03/31/2019 VENDOR: Sprague Pest Solutions DATE OF COUNCIL APPROVAL: N/A ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: Sprague Pest Solutions will provide pest control services at various City of Kent facilities. The annual charge for the first year includes a one-time service charge of $730.00 to set up bait stations at the various City facilities, for an amount not to exceed $10,391.55 including WSST for the first year of the contract. Years 2-5 of the contract will be an annual amount not to exceed $9,592.20 including WSST. 1Ne- 5t, 4 rrXKI YA 6 '�S �r- -IJ-s task � o%.r c�re-cw.-{ �5 hCpty-" i t�cp <<rafn:. 5�(zc�f��� Qr64fZ444 -f-c Al;Contracts Must Be Routed Through The Law Department �_(� �a\Y]tqmnpleted by the Law Department) E Received: final � rr MAR 31 2014 � Approval of Law Dept.: j Law Dept. Comments: KENT LAW DEPT. RECEIVED Date Forwarded to Mayor: APR 2 2014 1 \ CRY OF KENT Shaded Areas To Be Completed By Administration Staff CITY CLERK Received: wow L) Recommendations and Comments; Vjt:L.1ENE Disposition: t6 bv,I 5 City Of Cent Date Returned: _Z I , ) Office Dfi the May®t