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PK18-236 - Original - FieldTurf USA, Inc. - Wilson Playfields 2018-2019 Maintenance Agreement - 06/07/2018
i NT Records Management Document CONTRACT COVER SWEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. ❑ Blue/Motion Sheet Attached ❑ Pink Sheet Attached Vendor Name: FIELDTURF USA, INC. Vendor Number (]DE): 1352667 Contract Number (City Clerk): IR -Z-� Category: Contract Agreement Sub-Category (if applicable) C.-oow:c, Hn reirl Project Name: Wilson Playfields 1 and 2 - 2018-2019 Maintenance Agreement Contract Execution Date: 6/5/2018 Termination Date: 6/5/2020 Contract Manager: Brian Saw Department: Parks Contract Amount: $21.989.00 Approval Authority: X❑ Director ❑ Mayor ❑ City Council Other Details: Two (2)I.vear aareement for four (4) site visits to Wilson Plavfields 1 and s. . 2, located at 13028 S.E. 2515t Street, Kent, WA 98031. Two (2) site visits in 2018 and two _(2) in 2019._ ........... ....... GOODS & SERVICES AGREEMENT between the City of Kent and FieldTurf USA, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and FieldTurf USA, Inc. organized under the laws of the State of Florida, located and doing business at 7445 Cote-de-Liesse Road, Suite 200, Montreal, Quebec H4T 1G2, Canada, Phone: (800) 724-2969 or (514) 340-9311; Fax: (514) 340-9374 (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: Two (2) Year Agreement for four (4) site visits (Two (2) site visits in 2018 and two (2) site visits in 2019) to Wilson Playfields 1 and 2, located at 13028 S.E. 251s' Street, Kent, WA 98031 as described in Program 2 in the attached maintenance proposal dated April 27, 2018 marked and attached herewith 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 within two (2) years from the date of this contract. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed TWENTY ONE THOUSAND NINE HUNDRED EIGHTY NINE DOLLARS NO CENTS ($21,989.00) US DOLLARS, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: ............ . - --- ... ...... _................. .... Vendor will submit invoices to the City of Kent via email to AccountsPayable@KentWA.gov upon completion of each site visit as described in I. Description of Work. GOODS & SERVICES AGREEMENT - 1 (Over$20,000, including WSST) 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. 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. 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. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment 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 GOODS & SERVICES AGREEMENT - 2 (Over$20,000, including NSST) agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3, The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. R grds. 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. fluty o_:omolete Prote� ej. 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. GOODS & SERVICES AGREEMENT - 3 (Over$20,000, including WSST) D. Failure to Protest n titutes Nlaiver• 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 Proc�durgq,Constitutes _w iv rr. 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). VIII. 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. IX. 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, 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. X. 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. XI. 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 IN$URA,N[CE, 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 GOODS & SERVICES AGREEMENT - 4 (Over$20,000, including WSST) 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. XII. 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. XIII. 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. XIV. MISCELLANEOUS PROVISIONS. A. R,egyc8ab1e Matgrials• 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 Breath,. 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 QispgJps 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; r_ vi however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI 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. Assngnrnenj. 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. Plodi'fiea i n. 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. 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 - 5 (Over$20,000, including WSST) H. Compliance wikh 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. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Bushes �icermse Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Spgna ures. by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: CITY`` OF KENT. Y: B By. 1 ,,, - �. (signafu Print . 1 k +4 kC Print Name: Dana Ralph _. Its, �� y Its Mayor (title) �° DATE. C)E.2 0.1 ) LZ.... .... DATE:._._ TO-- . NOTICES TO BE SENT TO NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Tyler Fitzsimons, Customer Service Coordinator Brian Saw, Parks Operations East Supervisor FieldTurf USA, Inc. City of Kent 7445 Cote-de-Liesse Road, Suite 200 220 Fourth Avenue South Montreal Quebec H4T 1G2 Canada Kent, WA 98032 (514) 375-2612 or (877) 725-8873 (telephone) (253) 740-7083 (telephone) (514) 340-9374 (facsimile) (253) 630-0670 (facsimile) GOODS & SERVICES AGREEMENT - 6 (Over$20,000, including WSST) APPROVED AS TO FORM: Kent Law Department ATTEST: l- Kent City Clerk GOODS & SERVICES AGREEMENT - 7 (Over$20,000, 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 bel I agree to fulfill the five -quirements referenced above. For: - Title: 1 Dater 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 EXHIBIT A THE ULTIMATE SURFACE EXPERIENCE A Tarkett Sports Company To: Brian Saw April 27, 2018 City of Kent 220 4th Ave S, Kent, WA Phone: (253) 856-5126 Email: tisaw2kentwa.aov Re: MAINTENANCE PROPOSAL FOR THE WILSON PLAYFIELDS 1 &2 1-FieldTurf offers to provide maintenance services for the following FieldTurf field: Field Name: Wilson Playfield 1 Wilson Playfield 2 Size: 104,378 SgFt 121,734 SgFt Product: FTHD-1 F7HD-1 Install Date: 6/15/2014 6/15/2014 The scope of services under this proposal shall consist of the following on each visit offered herein: ADVANCED CARE MAINTENANCE- SMG SportChamp maintenance sessions including: (a) a general sweeping to remove foreign objects such as dirt, leaves, bird droppings, gum and other debris that may collect on the field surface; and (b) a deep groom, sweep and rejuvenation to de-compact inflll in an effort to maintain appropriate G- Max levels. This is a three step process: decompaction, brushing and infill cleaning with a vacuum rotary brush and fine groom with a power surface brush. Overall analysis and inspection of the field and its applicable systems, including infill depth and consistency, infill migration, field edging attachments, sewn and glued seams, line verification and field inserts (inlays). Up to eight (8) minor repairs (including sewing/adhesive failures, inlay separation, and general workmanship) to the FieldTurf surface, in the discretion of the FieldCare crew at time of visit. If necessary, additional repairs can be performed on a separate visit and at an additional cost, if applicable. Additionally, any additional warranty repairs discovered during the maintenance visit may need to be performed on a separate visit, to be scheduled on a mutually agreeable date, as the time set aside for the proposed services may not provide enough time to complete all required repairs discovered during the performance of the services. This offer does not include the repair of any damage to the Feld as a result ofacts of vandalism and/or neglect The price includes normal wear and tear; any major repairs or necessary maintenance as a result of damage due to abnormal wear and tear, abuse, vandalism, or neglect are subject to additional cost. Program 1- One (1) Year Agreement: Two (2) site visits to the Wilson Playfields 1 & 2 Includes: -Two (2) Ali Care Visits per field -Pre and Post Field Inspection with written Field Maintenance Summary -Minor Seam and Inlay Repairs, not to exceed eight (8) repairs up to fifteen (15) linear sgft -Field Magnet Sweep -Light Infll added to High Traffic Areas FieldTurf USA, Inc. 7445 Cote-de-Liesse Rd„Suite 200 Montreal, Quebec H4T 1G2 Canada Toll Free. 1-800-724-2969 Tel (514)340-9311 Fax (514)340-9374 Website: http.l�.feldturftarkettcom THE ULTIMATE SURFACE EXPERIENCE A Tarkett Sports Company Program 2- Two (2) Year Agreement: Two (2) site visits to the Wilson Playfields 1 &2 per year Includes: -Two (2)Advanced Care Visits oer field; -Pre and Post Field Inspection with written Field Maintenance Summary -Minor Seam and Inlay Repairs, not to exceed eight(8) repairs up to fifteen (15) linear sgft -Field Magnet Sweep -Light Infill added to High Traffic Areas Program 3- Three (3) Year Agreement: Two (2) site visits to the Wilson Playfields 1 & 2 per year Includes: -Two (2)Adv#ncedl CareVisits field -Pre and Past Field Inspection with written Field Maintenance Summary -Minor Seam and Inlay Repairs, not to exceed eight(8) repairs up to fifteen (15) linear sgft -Field Magnet Sweep -Light Infill added to High Traffic Areas 2-7heP_rice offered IS_the fgtllawing, The price is subject to an increase without notice in the event that there is an increase in raw materials, freight, or direct expenses in maintaining the grass surface. The Price is valid for a period of sixty (60) days. 2-The price offered is the followincy PROGRAM ].: TOTAL COST PROGRAM 1: $9,995.00 PROGRAM 2: TOTAL COST PROGRAM 2: $19,990.00 PROGRAM 3: TOTAL COST PROGRAM 3: $29,985.00 3- Notwithstanding any other document or agreement entered into by FieldTurf in connection with the supply and installation only of its product pursuant to the present proposal, the following shall apply: a) This bid proposal and its acceptance is subject to strikes, accidents, delays beyond our control and force majeure; b) Payment shall be due within thirty (30) days of completion of each scheduled maintenance visit; c) Unless otherwise agreed upon and noted herein, the maintenance visit shall be performed as scheduled by the parties on an agreed-upon date; d) FieldTurf requires suitable access to all fields proposed herein. The suitable access area must be at least five (5) feet wide and comprised of a hard, stable or paved surface. To the extent suitable access is not provided, additional costs may apply and service delays may occur. Additionally, FieldTurf will not be responsible for damage to any access or surrounding area due to unsuitable conditions. e) Accounts overdue beyond 30 days of billing will be charged at an interest rate of 1.5% per month (19.56% per annum); f) This proposal is based on a single mobilization. If the site is not ready and additional mobilizations are necessary additional charges will apply; g) The proposed price does not include any applicable sales or use taxes; h) GMax testing is specifically excluded, but can be performed at an additional cost; and FieldTurf USA, Inc. 7445 Cote-de-Liesse Rd., Suite 200 Montreal, Quebec H4T 1G2 Canada Toll Free 1-800-724-2969 Tel (514)340-9311 Fax. (514)340-9374 Website http://w fieldturftarkett com Floelffurf THE ULTIMATE SURFACE EXPERIENCE A Tarkett Sports Company i) In the event that FieldTurf is ultimately obliged to take collection procedures for payment, acceptor of this bid shall be liable for FieldTurf's collection costs including attorney fees and costs. FieldTurf USA, Inc. Per: /tLGe/° //tZ8/MOKS For FieldTurf to schedule and execute above services, a signed agreement and/or PO from the customer must be sent Tyler Fitzsimons, Customer Service Coordinator to FieldTurf directly. P: 514.375.2612 RETURN SIGNED AGREEMENT AND/OR PO TO: E: yler ftz imons fieddturf-coal FieldTurf USA, Inc. Fax: 541.633.7808 Email: r t7.9rnr2n ufreVdkurfcom READ, AGREED, AND ACCEPTED BY ADDRESSEE PO/Agreement can be mailed, emailed and/or faxed Signature: All payments should be mailed to: FieldTurf Tarkett Print Name: 7445 Cote-de-Liesse Road Date: Suite 200 PO #: Montreal, Quebec H4T 1G2 Program Selection: _ FieldTurf USA, Inc.7445 Cote-de-Liesse Rd., Suite 200 Montreal, Quebec H4T 1G2 Canada Toll Free: 1-800-724-2969 Tel,:(514)340-9311 Fax (514)340-9374 Website http.11w fieldturftarkett com 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. mm rr 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 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 it 85 or a substitute endorsement providing equivalent coverage. 2. 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. 3. Workers' Comoensation 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. Commercial Ggnrl i ili y insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general' aggregate and a $2,000,000 products-completed operations aggregate limit. 2. Automobile i bit insurance with a minimum combined single limit for bodily Injury and property damage of $1,000,000 per accident. 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 Ins nce 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. Page 1 of 2 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/201Y"' OS/11/tole 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(iss)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endarsament(s).. PRODUCER CONTACT NAME Willis of Pennsylvania, Inc. PHONE 1-877 945 7376 FAA 1 BBB 467-2378 c/o 26 Century Blvd IAIC,NO,EItI {AILA Ns{.. EMAIL c�rtlfzoatan Willis.com ---P.O. Box 305191 ADMDRESS. Nashville, 1N 372305191 USA INSURER(SI AFFORDING COVERAGE NAIC# INSURER A: lQ, Insurance America Inc 24554 INSURED F1e1dP,rf QSA inc. INSURERS Travelers Property Casualty Company of Anne 25674 .. 0/0 Sparta Division INSURER C Travelers Indemnity Company Of America 25666 Tarkett JUV, .INSURER D: Charter Oak Fire Insurance Company 25615 7445 Cote-de-Lieeae Road, Suite 200 ---"' Montreal, QC RIT 1G2 CAN INSURERS COVERAGES CERTIFICATE NUMBER:W6142277 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 REQUIIIIREMENT, 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. IN$R AOOL SUER ---- ---- -' r POLICY EFF POLICY F%P --- TYPE OF INSURANCE 11uuvn POLICY NUMBER LIMITS X COMMERCIAL GENERALLIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS MADE X OCCUR DAMAu^^ETC"RENIlD I. .. PRFMI,EN(Fn QCrwl,,!,el ...5 500,000 MED ESP An,anu vd.r1I $ .......10,000 Y US00010327LIl BA 05/01/2018 05/01/2019 1,00 11 0,000 I , I PERSONAL 5ADV INJURY IS GENT A1FFG1Pi,0AfFIIMITAPI1111,Id -1 GENERALAGGREGAFE ( $ 2,000,000 POLICY X PRO' I ...._ i- "I'll0 , ... ,UDC:1' LOG PRODUG FS-COMPIGP AGO $ 2,000,000 AUTOMOBILE LIABILITY CEIMUINE tI SIN(iIE LIMIT xc is 2,000,000 X 1 ANY Auro I i BODILY ."tlavq,. ,.. ,,,. _ "...... Fa INJURY(Per person) i S SCHEDULED n ...,,.. B Auro SaNLY AUTOS I Y TJCAP-823K312A-17 I09/28/2017109/28/201B� BUDILY INJURY(Peracc IddFln - HIRED NUN OWNEDAU - �..X"Coo, RodNTYe, X Ad TO' bed$1000 {rpr bl'A i�na IY MA�'iF •• a.$ CLAIMS MADE, - X UMBRELLA LIAB X OCCUR 1,000,000 A , EACH OCCURRENCE $ „ EXCESS LIAe US00010615LI18A 05/01/2018 05/01/2019 gGGREOArE g 1,000,000 »r T I X j RE FEN CON$ 10,000 ., AND EMPLOYERS LIABILITY YIN X SFAlUFE �T6 _ G I ANYPROPRIETORIPACrN6WEXECU FIVE rY'I EL EACH ACCIOENf S 11000,000 (Mandatory in BER EXC WDEUp INo I,,..NIA TC2HU0-B23K3106-17 i09/28/2017 09/28/2018 figs describe NN) I' ! EL DISEASE-EAEMPLOYEE S 1,000,000 I II yzS (105CrCN ll F O - ,;,,,, _. 'DESGRIPFIUN OF OPERA FIUNS be. ', , EL OISEPoSE-POLICY LIMIT $ 11 000,000 U IWorkere Compensation b TROUB-823K311-8-17 09/28/20171.09/28/2018''&.L, Each Accident '$1,000,000 Employer's Liability E L, Disease Pol Lmt $1,000,000 Work Comp - Per Statute I E.L, Disease Each Emg$1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEH ILLES (A CORD 101,Additional Roma rss Schedule,may be attachad if more space is required) INC Policies: Policy #TC2HUB-B23K3106-17 - covers all other states. Policy #TROU9-823K311-8-17 - covers AZ, MA, OR, WI only, Project: City of Kent - Washington Playfields 1 6 2 Coverage for Independent Contractors is provided under General Liability policy„ 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 AUTHORIZED REPRESENTATIVE 220 Fourth Avenue South 6 Kent, We, 98032 ✓dy5(" G�Awi ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR IN 16131529 s Tcx-. 706921 AGENCY CUSTOMER ID: LOC# _ _......... ADDITIONAL REMARKS SCHEDULE Page 2 Of 2 AGENCY NAMED INSURED Willis of Pennsylvania, Inc. FieldTurf USA Inc. .. ........... ..... ...................�_.. c/o Dlvieion ' POLICY NUMBER Tarkett ett Inc.In See Page 1 7445 cote-de-LleSse Road, Suite 200 -- "� ... ........... ......CARRIER ......... Montreal, QC 44T 1G2 CAN NAIC CODE Sae Page 1 See Page 1 EFFECTIVE DATE. See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance City of Rent is included as Additional Insured on the General Liability and Automobile Liability policy, as respects to the liability arising out of ongoing and completed operations performed on the project specified in the construction contract for the period of time required within the contract. It is further agreed that such insurance as is afforded shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by the Additional Insured, where required by written contract executed prior to loss and permitted by law. ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 16131529 TATCgI 76921. caax_ W61.42277 POLICY NUMBER US00010327LI17A COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following, COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE _. .... _..............._. Name Of Additional Insured Person(s) Or Organizations) Location(s)Of Covered Operations Any person or organization that you are required in As required per written contract a written contract or written agreement to include as an additional insured provided the "Bodily Injury' or "Property Damage" occurs subsequent to the execution of the written contract or written agreement. 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 persons) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury' or damage" or "personal and advertising injury" .'property damage"occurring after. caused, in whale or in part, by: 1. Your acts or omissions, or 1. All work, including materials, parts equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf, maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed, or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the C. With respect to the insurance afforded to these insurance afforded to such additional insured additional insureds, the following is added to will not be broader than that which you are Section III —Limits Of Insurance: required by the contract or agreement to provide for such additional insured CG 20 10 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 2 If coverage provided to the additional insured is 2. Available under the applicable Limits of required by a contract or agreement, the most we Insurance shown in the Declarations, will pay on behalf of the additional insured is the amount of insurance, whichever is less. 1. Required by the contract or agreement; or This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 ©Insurance Services Office, Inc., 2012 CG 2010 0413 City s Kent Business License FIELDTIIRT USA 7445COTE-DE-LIESSERD STE 200 PROVINCE, QUEBEC, H41 IG2 Please tear at perfprgtlntt BUSINESS LICENSE Per RCws must be sales and use tax m must be coded LICENSE MUST BE PAID ANNUALLY BY No 1715 for an qualified � JANUARY 1st TO AVOID PENALTY. sales within the city of YMe' jft , S T Isskutnrc of License Dues Not imply Heensee's Kent, w.s o l r a,o s Compliance with State aml Local Lasvr TIDS LICENSE M1 S'[ 13V POSTED IN A CONSPICUOUS �,II � „w( PLACE.NOTfRANSFE,RABLE OR ASSIGNABLE; 20 V NAME AND ADDRESS OF BUSINESS BLOC-2161033 4J CA fit)_. FIELDTURF USA INC MAYOR 7445 COTE DE LIESSE RD STE 200 Tax Registration The City of Kent QUEBEC, H4T1G2 Endorsement nt ad nrit ANrT So uai+r,W AWINCA O N vso3x REQUEST FORM"OR'S SIGNATURE 1VT Print can C,herr{-Colored Paper N,w b ,r a"W Routing Information: (ALL REQUESTS MUST FIRST BE RQUTEMTHRDUGH THE LAW DEPARTMENT) w"" , t Approved by Aatr 0 �„ Originator; Phone (Originator); ' ,]arr'Appi�c�,�te � x 5122 Date Sent` 6/5/2O1$ "gate Required; 6/7 j2(718 Return Signed Document to; � Contract Terrtlination Datef ]an Applegate 6/5/2020 VMOOWNAME: Date Finance Notified;" FIeIdTUff U A,,inc, `{only required an contPacts /16/2018 w.„, w P OQQ and over or n an anS DATE,OF COUNCIL APPROVAL hf c� Date Risk Manager Notified". 1Fr/2018 ke ufretl an Nan-CitStendaM CantraCes A raements Has this Document been SpecifNc4fi ActouhCNumber:, Authorized in,ttre Bud et?� '°' 'N0 P2051 ;64110. (l B ier f E planation of Document; 2-year Maintenance Agreement for 4 site visits (2 in 2018 and 2 in 2019) to Wilson Playfields 1 and 2, located at 13028 S.E. 251st Street, Kent, WA 98031 as described in Program 2 in the attached maintenance proposal dated April 27, 2018 marked,and attached herewith as Exhibit A. I ..... .RE i,n" tl se Routed Through-The Law Department (This area to be enmpleted'by fh�Law Department)- "ell UN s; Received:, /r 6Lr Approval of L6w,Dept;;- tayv .De Shdde!l Area,# To S Coigpietesi'Sk.4d*inistration'staff /%%%%// �rii/�,/. ,��r �,�/i ��i r„r ✓//lj/ /i����,,,,rr/���, �/ ///�� /////////�ri/i ' �✓ ri/air/C%� �/„ .%,,,,,/ //riiriri// % � � ,i / ..�. ,e ,,,//,..r' rl/� //✓r,,,.,�ri ri�ari it ���// i of