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HomeMy WebLinkAboutPK15-162 - Original - AAA Pest Control - Contract - 05/01/2015 d R gT E U WA NT Document Wh9HINOTON "- 3 er; "rt `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: 1 � (t Vendor Number: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: i C`> [.cy\f L 4 Gt PuAl'K.. Description: ❑ Pterlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract Other; + `�11y11U Contract Effective Date: y Termination Date: �(+�P f£ i Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: N GO Department: Po yK� Contract Amount: Approval Authority: ❑ Department Director []Mayor ❑City Council Detail: (i.e. address, location, parcel number, tax id, etc.): adccW10877 8 14 City of Kent ® Parks, Recreation and Community Services T 220 4th Avenue South Kent, WA 98032 April 30, 2015 Max Escalante AAA Pest Control 304 First Ave South Kent, WA 98032 RE: Lake Meridian Pest Control Mr. Escalante: This letter confirms your notification to proceed with the Pest Control at Lake Meridian Park in Kent, Washington, as described in Exhibit A of the agreement with the City of Kent. All work shall start as of this notice to proceed and be completed by May 31, 2016. To avoid holding payment for services, please complete all necessary documentation with the state. If you have any questions, please call me at (253) 856-5135 and leave a message. Sincerely, J wyfi.w _ Justin Oliver, Project Manager Park Operations Copy: Garin Lee, Park Operations Superintendent I I KEN T Ww5NINOTON GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE between the City of Kent and AAA Pest Control THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and AAA Pest Control organized under the laws of the State of Washington, located and doing business at 304 First Ave South, Kent, WA 98032, P:253-854- 7117, and Max Escalante (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: Pest control at Lake Meridian Park located at 14800 SE 272"d St, Kent, WA 98031. Description of services provided described within Vendor's proposal dated March 23 d, 2015, attached and incorporated as Exhibit A. Service to begin May 1st 2015 and continue until May 315t, 2016. 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 May 315t, 2016. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $1,345.00 for the first year of service and $1,071.25 for the second year, 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 (Under$10,000.00, including WSST) Terms of sale are net at time of service, billed monthly. 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 (Under$10,000,00, including WSST) P 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 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 four#een (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 (Under$10,000,00, including WSST) I At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. 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, GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 4 (Under$10,000.00, including WSST) 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 shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon 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. 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. 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. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 5 (Under$10,000.00, including WSST) 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 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. Recvclable 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. 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. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 6 (Under$10,000.00, including WSST) 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 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 E ; By: X lives , By: -" (signature�- J (signature) Print Name: &l<-,IrU �2o> Print Name: Garin Lee Its: r-c� dc" � Its: Superintendent of Parks (title) DATE: -//i-i/i � DATE: lrbG� NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Max Escalante Justin Oliver AAA Pest Control City of Kent 304 First Ave. South 220 Fourth Avenue South Kent, WA 98031 Kent, WA 98032 (253) 854-7117 (telephone) (253) 856-5135 (telephone) (253) 859-3753 (facsimile) (253) 856-6120 (facsimile) [In this field,you may enter the eledrann,Fllepath when the contract has been saved] l I GOODS &SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 7 (Under$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. 5. 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�agrree to fulfill the five requirements referenced above. By: / r 'Y�° For: 91k /'esl Title: ' i <-Crl f Date: EEO COMPLIANCE DOCUMENTS - I 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. I EEO COMPLIANCE DOCUMENTS - 2 of 3 I 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 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: Azz For: /% s:- Title: Tomes car t. Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 i CONTROL. PEST PRE,VENTI®N SERVICE CONTRACT ❑ See Attached Limited W®O Inspection Report St'ss�p[y floe Iics�t! P .. 304 First Ave. south, Kent, WA 98032 (253) 854-7117 * (888) 854-7117 * Fax (253) 859-3753 Name: Lake Meridian Park Contract:Monthly(excluding July,August) Address: 14800 SE 272nd St Kent, WA 98031 -Place tamper resistant rodent*bait stations in all needed _ areas. Ph: (253) 740-7083 Ph: Ph: Ph: -Use EPA registered multiple feed rodenticide. email: Maintain the above stations on a **monthly basis. Billing Name: City of Kent/Accounts Payable Address: 220 4th Ave S *Replacment of damaged,vandalized or stolen stations at Kent, WA 98032 $25+tax per station. Ph: Ph: °*Excluding June 10th-September 10th.(Picking up Fax: Ph: stations in June and replacing In September) email: Total cost for 2 years: $250.00 initial service ' 750.00 year one ❑ Carpenter Ants El Rodents* ❑ Anoblld Beetles 750.00 year two ❑ Odorous Ants ❑ Spiders* ❑ Subterranean Termites 166.25 tax • Nuisance Ants* ❑ Fleas* ❑ Fiying/Stinging Insects* $1916.25 ❑ Moisture Ants ❑ Cockroaches ❑ Other ❑ PEST FREE SERVICE* Contact: Brian -(253)740-7083 Initial Service $ 2m).00 +tax ❑ No call needed ❑ Service interior upon request Monthly Service $ 75,00 +tax ❑ Message to customer ❑ Service interior each visit Quarterly Service $ +tax [] Call and set up appointment ❑ Seasonal Service $ +tax ❑ Service and charges are for the marked months: Warranty IJ JAN U FEB C7 MAR ❑ APR MAY ❑ JUN ❑ AY ❑ AUG Fy] SEP U OCT NOV ❑+ DEC *AAA Pest Control,Inc.agrees to provide pest control services for the covered pests listed in this contract in accordance with the terms outlined herein. *It is agreed that AAA pest Control,is in no way responsible for pest or Insect damage. *Customer agrees to let any treated surfaces dry before allowing human or animal contact and to abide by re-entry limitations. *Terms of sale are net at time of service.Customer agrees to pay finance charges at the legal rate an past due balances and further agrees to pay reason- able collection fees or attorney's fees in the event of suit, 'Initial contract is for two years and shall continue thereafter from service period to service period until terminated by 30 days'written notice. Accepted by: 3/23/2016 Printed Name Signature Date AAA Pest Control Agent: 7&4x 154M&O& License# 10455 Aect No: 10034070 I 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. 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 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. 2. 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 $1,000,006 each occurrence, $1,000,000 general aggregate and a $1,000,000 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 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. 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. i AAAPE-1 OP ID: TB ICI CERTIFICATE OF LIABILITY INSURANCE D0 412 212 01 Y ) 04/22/2015 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 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 endorsements. PRODUCER Phone:425-258.2300 CONTACT Tlsha Bllven j Whitfield's United Insurance PHONE rFAX PO Box 1127/3425 Broadway Fax:425-258-9363 NC,No.E,d1.425-397-3564 FLAX, No):.866-306_-_5354 Everett,WA 98206 EMAIL ---- Dan Olson ADDIR tisha-bliven@leavitt.com _ INSURERIS)AFFORDING COVERAGE ___ NAIC# _ INSURERA,Everest Indemnity Company 10851 INSURED AAA Pest Control,Inc. INSURER B: 304 First Avenue South, INSURER C: Kent,WA 98032 INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADOLSDB POLICY NUMBER MMIPOLOO/YEY1Y POLICY W OY/YEYY LIMITS R GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X SIGLOO7221-141 05104/2014 05104/2015 PREMISES Ea occunence $ 100,00 CLAIMS-MADE ❑X OCCUR MED EXP(Any one person) $ 10,000 X Ded:$1,000 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO 5 2,000,000 POLICY PRO. LOG $ JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea acci0enl $ _ A X ANY AUTO X 51CA000390-141 05/0412014 0610412015 BODILY INJURY(Per person) $. ALL OWNED SCHEDULED I BODILY INJURY accident) $ AUTOS AUTOS PROPERTY DAMAGE $ NON-OWNED HIREDAUTOS AUTOS Peraccident X Comp:$10o0 X Coll:$1000 $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 1,000,000 11 A X EXCESS LIAB CLAIMS-MADE 51CC002619.141 05/04/2014 05/04/2015 AGGREGATE _ $ 1,000,000 DECI X I RETENTION$ 10000 $ I WORKERS COMPENSATION I IWCSTATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS X ER A ANY PROPRIETORIPARTNERIEXECUTIVE YI❑N N/A' 51GL007221-141 05/04/2014 05104120151 EL EACH ACCIDENT $ 1,000,000 - OFFICER/MEMBER EXCLUDED? IMandalory In NH) E.L.DISEASE_EA EMPLOYEE $ 1,000,000 If yea,describe under DESCRIPTION OF OPERATIONS balm, E.L.DISEASE POLICY LIMIT $ 1,000,000 A IWDI/O Inspection 51GL007221.141 05/04/2014 0510412015:Limit: $1MM1$2MM WDO Treatment Ded: 1,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Per written contract, City of Kent is additional insured per the terms and - conditions of form ECG20596 0412 and ECA04506 0310. Coverage is primary and non contributory per form ECG24520 0805. Excess policy follows form. Per project aggregate is included per form ECG25529 0110. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent 220 Fourth Ave S Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. � ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD i I COMMERCIAL GENERAL LIABILITY ECG 24 520 08 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - OTHER INSURANCE (PRIMARY NONCONTRIBUTORY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Condition 4. Other Insurance of SECTION IV (2) Any other primary insurance available to COMMERCIAL GENERAL LIABILITY CONDITIONS you covering liability for damages arising is replaced by the following: out of the premises or operations, or the a. Primary Insurance products and completed operations, for which you have been added as an addi- This insurance is primary except when b. be- tional insured by attachment of an en- low applies. If this insurance is primary, our ob- dorsement. ligations are not affected unless any of the When this insurance is excess,we will have no other insurance is also primary. Then, we will duty under Coverages A or B to defend the in- share with all that other insurance by the sured against any "suit" if any other insurer has method described in c. below, except that we a duty to defend the insured against that"suit". will not seek contribution from any party with If no other insurer defends, will undertake whom you have agreed in written contract or to do so, but we will be entitled to the insured's agreement that this insurann ce will be primary and noncontributory, if the written contract or rights against all those other insurers. agreement was made prior to the subject "oc- When this insurance Is excess over other in- currence" or offense. surance, we will pay only our share of the b. Excess Insurance amount of the loss, if any, that exceeds the sum of: This insurance is excess over: (1) The total amount that all such other insur- (1) Any of the other insurance, whether pri- ance would pay for the loss in the absence mary, excess, contingent or on any other of this insurance; and basis: (2) The total of all deductible and self-insured (a) That is Fire, Extended Coverage, amounts under all that other insurance. Builder's Risk, Installation Risk or simi- We will share the remaining loss, if any, with tar coverage for"your work"; any other insurance that is not described in this (b) That is Fire insurance for premises Excess Insurance provision and was not rented to you or temporarily occupied by bought specifically to apply in excess of the you with permission of the owner; Limits of Insurance shown in the Declarations (c) That is insurance purchased by you to of this Coverage Part. cover your liability as a tenant for"prop- c. Method Of Sharing erty damage" to premises rented to you or temporarily occupied by you with If all of the other insurance permits contribu- permission of the owner; or tion by equal shares, we will follow this method also. Under this approach each insurer con- (d) If the loss arises out of the maintenance tributes equal amounts until it has paid its ap- or use of aircraft, "autos" or watercraft plicable limit of insurance or none of the loss to the extent not subject to Exclusion g. remains,whichever comes first. of Section I — Coverage A — Bodily In- jury And Property Damage Liability. i ECG 24 520 08 05 Includes copyrighted material of Insurance Services Office, Page 1 of 2 ❑ Inc., with its permission. COMMERCIAL AUTO ECA 04 506 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following Is a summary of the Limits of Insurance and additional coverage provided by this endorse- ment. For complete details on specific coverage, please refer to policy language in this endorsement and the underlying Business Auto Coverage Form. Coverage Applicable Enhancement Subsidiaries As Insureds Broadened Newly Acquired Organizations As Insureds Broadened Blanket Additional Insureds Broadened Employees As Insureds (Non-Ownership) Broadened Supplementary Payments — Bail Bonds $3,000 Limit Supplementary Payments — Loss Of Earnings $1,000 per day Fellow Employee Bodily Injury Broadened Towing Coverage—All Covered Autos Broadened Glass Breakage Coverage—Waiver of Deductible Broadened Loss of Use Expenses $50 per day $1,000 Limit Stolen Vehicle Extra Expense Broadened Alrbag Discharge Broadened Electronic Equipment Permanent) Installed Broadened Single Deductible Provision Broadened Notice To Company Broadened Blanket Waiver Of Subrogation Broadened Unintentional Failure To Disclose Hazards Broadened Bodily Injury Includes Mental Anguish Broadened coverage Territory Extension -Mexico Broadened it ECA 04 506 03 10 Copyright, Everest Reinsurance Company, 2010 Page 1 of 4 ❑ Includes copyrighted material of Insurance Services Office, Inc. -used with its permission. E. Glass Breakage —Hitting A Bird Or Animal — 1. Electronic Equipment Coverage Falling Objects or Missiles Section III — Physical Damage Coverage is The following is added to Paragraph A.3. of Sec- amended as follows: tion III—Physical Damage Coverage: 1. The sublimit in Paragraph C.2. of the Limit Of Any deductible shown in the Declarations will not Insurance Provision is increased to $3,000. apply to glass breakage if such glass is repaired, 2. No Physical Damage Coverage deductible ap- in a manner acceptable to us, rather than re- plies to the first $3,000 of "loss" to electronic placed. If the glass must be replaced and there is equipment described in Paragraph C.2. of the no other damage associated with the "loss", the Limit Of Insurance Provision. deductible will be $100 unless a lower deductible J. Single Deductible Provision is shown in the Declarations applicable to this coverage. The following is added to Paragraph D. of Section F. Loss Of Use Expenses III — Physical Damage Coverage: If a Comprehensive or Specified Causes of Loss Paragraph A.4.b. of Section III — Physical Dam- Coverage "loss" from "accident" involves two or age Coverage is replaced by the following: more covered "autos', only the highest deductible b. Loss Of Use Expenses applicable to those coverages will be applied to For Hired Auto Physical Damage, we will pay the "accident", if the cause of the loss is covered expenses for which an "insured" becomes le- for those vehicles. gally responsible to pay for loss of use of a ve- This provision only applies if you carry Compre- hicle rented or hired without a driver, under a hensive or Specified Causes of Loss Coverage for written rental contract or agreement. We will those vehicles, and does not extend coverage to pay for loss of use expenses if caused by: any covered "autos" for which you do not carry (1) Other than collision only if the Declarations such coverage. indicate that Comprehensive Coverage is If a "loss" covered under this Coverage Part also provided for any covered "auto"; involves a "loss" to other property from the same (2) Specified Causes Of Loss only if the Decla- "accident", which is covered under a Commercial rations indicate that Specified Causes Of Property or Inland Marine Coverage Part issued Loss Coverage is provided for any covered by us to you, only the highest deductible applica- "auto"; or ble to those coverages will be applied to the "acci- dent". (3) Collision only if the Declarations indicate that Collision Coverage is provided for any K. Notice To Company covered "auto". Paragraph A.2. of Section IV — Business Auto However, the most we will pay for any expens- Conditions is amended as follows: es for loss of use is $50 per day, to a maximum 1. With respect to notification requirements, your of$1,000. obligation under Paragraph A.2.a. applies only G. Extra Expense—Stolen Vehicle when the"accident" or"loss" is known to: The following is added to Paragraph A.4. of Sec- a. You, if you are an individual; tion III— Physical Damage Coverage: b. A partner, if you are a partnership; c. Stolen Vehicle c. A member, if you are a joint venture or We will pay for all reasonable and necessary limited liability company; or expenses to return a stolen covered "auto" to d. An executive officer or insurance manager, you. if you are an organization other than a part- H. Airbag Coverage nership, joint venture or limited liability company. The following exception is added to Paragraph 2. With respect to the requirements pertaining to age: of Section III — Physical Damage Cover- age: you providing us with document concerning a claim or"suit", your obligation under Paragraph The accidental discharge of an airbag shall not be A.2.b. will not be considered breached unless considered mechanical breakdown if it occurs in a the breach occurs after such claim or "suit" is covered "auto for which Comprehensive coverage known to: is purchased. This provision does not apply to "au- tos" you hire with a driver and is excess over any a. You, if you are an individual; warranty specifically designed to provide this cov- b. A partner, if you are a partnership; erage. c. A member, if you are a joint venture or limited liability company; or ECA 04 606 03 10 Copyright, Everest Reinsurance Company, 2010 Page 3 of 4 ❑ Includes copyrighted material of Insurance Services Office, Inc. used with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT WITH CAP This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: Designated Construction Project General Aggregate Limit Cap: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under SECTION I — Coverage A, and for all medical expenses caused by accidents under SECTION I - Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above; 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construe-, tion project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declara- tions. However, the separate Designated Construction Project General Aggregate Limit(s) are subject to a Designated Construction Project General Aggregate Limit Cap in the amount shown in the above Sched- ule of this endorsement. The Designated Construction Project General Aggregate Limit Cap is the most we will pay under the Designated Construction Project General Aggregate Limit for all designated con- struction projects combined. 2. The Designated Construction Project 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: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction pro- ject and the Designated Construction Project General Aggregate Cap. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construc- tion Project General Aggregate Limit for any other designated construction project shown in the Schedule above. However, such payments for damages and medical expenses included in the Designated Con- struction Project General Aggregate Limit for all designated construction projects combined will reduce the Designated Construction Project General Aggregate Limit Cap. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage To Premises Rented To You 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 Construction Project General Aggregate Limit. ECG 25 529 01 10 Copyright Everest Reinsurance Company, 2010 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 40/40/40 COMMERCIAL GENERAL LIABILITY ECG 20 596 04 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN AGREEMENT WITH YOU This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section It — Who Is An Insured is amended to D. With respect to the Insurance afforded to an addi- include as an additional Insured any person or or- tional insured, the following additional exclusions ganization for whom you are performing opera- apply: tions when you and such person or organization This insurance does not apply to: have agreed in writing in a contract or agreement that such person or organization be added as an 1. 'Bodily Injury", "property damage" or "personal additional insured on your policy. Such person or and advertising injury" arising out of any act or organization is an additional insured only with re- omission of an additional insured or any of its spect to liability for"bodily injury", "property dam- employees. age" or "personal and advertising injury" but only 2. "Bodily injury", "property damage" or "personal to the extent caused, in whole or in part, by: and advertising injury" arising out of the ren- t. Your acts or omissions; or dering of, or the failure to render, any profes- sional architectural, engineering or surveying 2. The acts or omissions of those acting on your services, including: behalf; in the performance of your ongoing operations for (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, an additional insured, opinions, reports, surveys, field orders, A person's or organization's status as an addi- change orders or drawings and specifica- tional insured under this endorsement ends when tions; or your operations for that additional insured are (b) Supervisory, inspection, architectural or completed. engineering activities. B. The insurance afforded to an additional insured 2. "Bodily injury" or "property damage" occurring shall only Include the Insurance required by the after: terms of the written agreement and shall not be broader than the coverage provided within the (a) All work, including materials, parts or terms of the Coverage Part, equipment furnished in connection with C. The Limits of Insurance afforded to an additional such work, on the project (other than ser- vice,insured shall be the lesser of the following: maintenance repairs) be per- insured by or on behalf of an additional inn- 1. The Limits of Insurance required by the written sured(s) at the location of the covered agreement between the parties; or operations has been completed; or 2. The Limits of Insurance provided by this Cov- (b) That portion of"your work"out of which the erage Part. Injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcon- tractor engaged In performing operations for a principal as a part of the same project, ECG 20 596 04 12 Copyright, Everest Reinsurance Company 2009 Page i of 1 ❑ Includes copyrighted material of Insurance Services Office, Inc., used with its permission. ii