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HomeMy WebLinkAboutCAG2019-00197 - Original - Sound Pest Management, Inc. - Monthly Pest Control Services at Various Kent Facilities - 04/09/2019 KENT GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE between the City of Kent and Sound Pest Management, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Sound Pest Management, Inc. organized under the laws of the State of Washington, located and doing business at 324 1s' Ave S., Suite 102, Kent, WA 98032, Frank Carter, 253 777-1960, soundpest@comcast.net (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: Provide monthly pest control services at various City of Kent facilities. This is a five (5) year agreement with a one time initial service charge of $535.00 (plus applicable WSST) charged in the first year of the agreement for the setup of bait stations at the facilities covered for a total first year charge of $7,954.10. Year two: $7.550.40, Year three: $7,735.20, Year four: $7,972.80, Year five: $8,316.00, all yearly charges are in accordance with quotation which is attached and incorporated as Exhibit A. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by March 31, 2024. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $39,528.50, 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 shall submit invoices for work completed on a monthly basis; Net 30 Days If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 1 ($20,000 or Less, including WSST) 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. 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 GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 2 ($20,000 or Less, including WSST) request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. 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. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 3 ($20,000 or Less, including WSST) C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materia►s 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, 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 al► 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. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 4 ($20,000 or Less, including WSST) In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit [Insert Exhibit #] 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. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. 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 - 5 ($20,000 or Less, 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. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the 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: L l By: By: a,� (sig t re) (signat e) Print Name: �/!C C-04% �— Print Name: Alex Ackley, Facilities Superintendent Its: Parks, Recreation and Community Services DATE: 14 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: [Frank Carter Nancy Clary [Sound Pest Management, Inc. City of Kent 324 1st Ave S., Suite 102 220 Fourth Avenue South Kent, WA 98032 Kent, WA 98032 206 510-0464 (telephone) (253) 856-5084 (telephone) (facsimile) 253 856-6080 facsimile GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 6 ($20,000 or Less, including WSST) ATTES c Kent City Clerk GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 7 ($20,000 or Less, 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 agree to fulfill the five requirements referenced above. By: b P 5S i For: Gu�� Title: a Lo" L Date: 4 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 � y IQL i SV N 4 rj t { E � x W Lu uj ��[ � z E w = E 117? € S { h CL ♦s yz r 'Z r X ►^ �" W E ({ a e to ri a , S , + t s t� y, L ` V € € , UI t t � � t r. . H i ; E t I ! , - CO ! i € ii J �€ -u^ :v- f N� +L7: Y S j m # i , , stom{ G ,> Ems; : rt +o< I � u1 �i 7 ( � �� re; ) +I cc r r. >~E m O. u, =LLI «; ..'- W !W .. � E rMv a �c Q. fcQv 00 col �' yrC. Q� =at v iv ire ret !v; at{ n€mil 4�(E !a� n! 47 io�arl Eq %O; �.Y e � jm� N _e� wi Ey€ It g zui t. I b= �' { f � € ,�+i 4 ;i f 1 €.•,'3 ;z` tom•J ` E ' 'f t—� i '. I EXHIBIT E 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 ail owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commer ial G neral Llabillt 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. 3. Workers'...Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability- insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued ) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A NII. 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. 1 ® DATE(MM/DDIYYYY) AcoRo CERTIFICATE OF LIABILITY INSURANCE 03/26l2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kevin Reilly NAME: Business Insurance Management a/�No Ext: (206)378-1132 n/c,No: (206)378-1136 1818 Westlake Ave N E-MAIL shannon@bimins.com ADDRESS: Ste 320 INSURER(S)AFFORDING COVERAGE NAIC# Seattle WA 98109 INSURERA: imperium Insurance Company INSURED INSURER B Sound Pest Management INSURER C: 324 First Ave S INSURER D: #102 INSURER E: Kent WA 98032 INSURER F: COVERAGES CERTIFICATE NUMBER: CL1671501399 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. ILTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDID/YCY EFF POLICY EXP LIMITS YYY MM DD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A A 100,000 CLAIMS-MADE Fx_]OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ 5,000 A Y Y IIC-GL-05791-00 11/06/2018 11/06/2019 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 31000,000 POLICY ❑PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 3,000,000 JECT OTHER: Employee Benefits $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1.000,000 Ea accident ANYAUTO BODILY INJURY(Per person) $ A OWNED M SCHEDULED IIC-CA-01334-00 11/06/2018 11/06/2019 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 1.000,000 A X EXCESS LIAB CLAIMS-MADE IIC-EX-00758-00 11/06/2018 11/06/2019 AGGREGATE $ 1,000,000 DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Genera I Aggregate $3,000,000 Pollution Liability q IIC-GL-05791-00 11/06/2018 11/06/2019 Each Occurrence $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is covered as additional insured for both ongoing and compoleted operations on a primary&non-contributory basis with a waiver of subrogation when required in writing as per Endorsement IIC GL 50 04 04 14. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Ave S AUTHORIZED REPRESENTATIVE Kent WA 98032 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy # IIC-GL-05791-00 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. COMMERCIAL LIABILITY BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY DECLARATION In addition to words and phrases contained in the III. Commercial General Liability Coverage Form, other words and phrases that appear in quotation marks have special meaning. Refer to Paragraph VII. DEFINITIONS of this endorsement. For the purposes of the coverage provided by this endorsement these definitions apply in place of their definitions stated elsewhere in the policy. The following provisions apply only with respect to the coverage provided by this endorsement. However, the coverage expansions provided throughout this endorsement do not apply if coverage is excluded either by the provisions of the Coverage Part or by endorsement. I. COVERAGE A (Bodily Injury and Property B. The limit for loss of earnings is increased Damage) from $100 a day to$500 a day. A. Non-Owned Watercraft WHO IS AN INSURED Paragraph 2.g. (2)(a) of Section I- A. Paragraph 2. Under Section II is Coverage A is replaced with the expanded to include the following: following: 1. Additional Insured by Contract, (a) Less than 51 feet long; and Agreement or Permit B. Property Damage Extension Any person(s)or organization(s) is The following is added to Exclusion J. an additional insured when you have agreed, in a written contract,written 1. Borrowed Equipment agreement or because of a permit issued by a state or political Paragraph(3) and (4) of this subdivision, that such person(s) or exclusion does not apply to"property organization(s)be added as an damage"to borrowed equipment additional insured on your policy, while not being used to perform provided the injury or damage occurs operations at the job site. subsequent to the execution of the contract or agreement. 2. Elevators The following is added to Exclusion j. A person or organization is an additional insured under this Paragraph(3) and (4)of this provision only for that period of time exclusion does not apply to"property required by the contract or damage"arising from the use of agreement. elevators. However, no such person or II. SUPPLEMENTARY PAYMENTS- organization is an insured under this COVERAGES A AND B provision if such a person or organization is included as an In the Supplementary Payments-Coverage insured by an endorsement issued A and B: by us and made part of this Coverage Part. A. The limit for the cost of bail bonds is Increased from $250 to$1,000; and IICGL50040414 1of7 Policy #IIC-GL-05791-00 THIS ENDORSEMENT CHANGES THE POLICY,PLEASE READ IT CAREFULLY. a. Vendors any other thing or substance by or for the vendor. Any person(s)or organization(s) (h)"Bodily Injury"or"Property (referred to herein as vendor)with whom Damage"arising out of the sole you agreed, because of a written contract negligence of the vendor for its or agreement to provide insurance, but own acts or omissions or those only with respect to "bodily injury"or of its employees or anyone else "property damage"arising out of"your acting on its behalf. However, products"which are distributed or sold in this exclusion does not apply to: the regular course of the vendor's (I) The exceptions contained in business, subject to the following contained in Subparagraphs(d) additional exclusions: or(f); or (11) Such inspections, adjustments, (1) The insurance afforded the vendor tests or servicing as the vendor does not apply to: has agreed to make or normally (a)"Bodily injury"or"property undertakes to make in the usual damage"for which the vendor is course of business, in connection obligated to pay damages by with the distribution of sale of the reason of the assumption of products. liability in a contract or agreement. This exclusion does (2) Any insured person or organization, not apply to liability for damages from whom you have acquired such that the vendor would have in products, or any ingredient, part or the absence of the contract or container, entering into, agreement: accompanying or containing such (b)Any express warranty products. unauthorized by you; (c)Any physical or chemical b. Lessors or Equipment change in the product made intentionally by the vendor; (1) Any person(s)or organization(s) from (d)Repackaging, unless unpacked whom you lease equipment; but only solely for the purpose of with respect to liability for"bodily inspection,demonstration, injury", "property damage"or testing,or substitution of parts "personal and advertising injury" under instructions from the caused, in whole or in part, by your manufacturer, and then maintenance, operation or use of repackaged in the original equipment lease to you by such container: person(s)or organization(s). (e)Any failure to make such inspections, adjustments, tests (2) With respect to the insurance or servicing as the vendor has afforded to these additional insureds, agreed to make or normally this insurance does not apply to any undertakes to make in the usual "occurrence"which takes place after course of business, in the equipment lease expires. connection with the distribution or sale of the products; c. Lessors of Land or Premises (f) Demonstration, installation, services or repair operations, Any person(s) or organization(s) from except such operations whom you lease land or premises, but performed at the vendor's only with respect to liability arising out of premises in connection with the the ownership, maintenance or use of sale of the products; that part of the premises leased to you; (g)Products which, after distribution and subject to the following additional or sale by you, have been exclusions: labeled or relabeled or used as a container, part or ingredient of This insurance does not apply to: IICGL50040414 2of7 Policy # IIC-GL-05791-00 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. political subdivision has issued a permit or (1) Any'occurrence" which takes place authorization. after you cease to be a tenant in that premises. The insurance does not apply to: (2) Structural alterations, new construction (1) "Bodily injury", "property damage"or or demolition operations performed by "personal and advertising injury" arising or on behalf of such person or out of operations performed for the organization. federal government, state or municipality; or d. Architects, Engineers or Surveyors (2) "Bodily injury" or"property damage" (1) Any architect, engineer, or surveyor included within the"products completed engaged by you but only with respect operations hazard". to liability for"bodily injury""property damaged"or"personal and advertising f. Any Other Party injury"caused, in whole or in part, by your acts or omissions or the acts or Any other person(s) or organization(s) who omissions of those acting on your is not an insured under Paragraph a.through behalf: e.above, but only with respect to liability for "bodily injury", "property damaged" or (a) In connection with your premises; "personal and advertising injury"caused, in or whole or in part, by your acts or omissions or (b) In the performance of you ongoing the acts or omissions of those acting on your operations behalf: (2) With respect to the insurances afforded (1) In the performance of your ongoing to these additional Insureds, the operations; following additional exclusion applies: (2) In connection with your premises owned This insurance does not apply to by or rented to you; or "bodily injury"or property damage"or", "personal and advertising injury" arising (3) In connection with" your work" and out of the rendering of or the failure to included within the"products completed render any professional services by or operation hazard", but only if: for you, including: (a) The written contract or agreement (a) The preparing, approving, or failing requires you to provide such a to prepare or approve, maps, shop coverage to additional insureds; and drawings, opinions, reports, (b) The Coverage Part provides surveys, field orders, change coverage for"bodily injury" or orders or drawings and "property damage" included within specifications; or "products-completed operations (b) Supervisory, inspection, hazard". architectural or engineering activities. With respect to the insurance afforded to these additional insureds, this coverage does e. Permits Issued By State or Political not apply to: Subdivisions "Bodily injury","property damage"or"personal Any state or govemmental agency or and advertising injury" arising out of the subdivision or political subdivision by only rendering of, or failure to render, any with respect to operations performed by you professional architectural, engineering or or on your behalf for which the state or surveying services, including: governmental agency or subdivision or IIC GL 50 04 04 14 3of7 Policy # IIC-GL-05791-00 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. (1) The preparing, approving, or filing to prepare or approve, maps, shop Paragraph 6.Of Section III —Limits Of drawings, opinions, reports, surveys, Insurance is replaced with the following: field orders,change orders or drawings and specifications; or 6. Subject to Paragraph 5.Above, the Damage To Premises Rented To You Limit is (2) Supervisory, inspections, architectural the most we will pay under Coverage A for or engineering activities, damages because of"property damage"to any one premises,while rented to you, or in the case of damage by fire, while rented to you or The limit of insurance that apply to temporarily occupied by you with permission of additional insureds under this extension is the owner. described in Section III- Limits of insurance. The most we will pay in any one"occurrence"is the higher of the following: How this Insurance applies when other insurance is available to the additional (a) $300,000; or insured is described in the Other Insurance (b) The amount shown in the Declarations Condition in Section IV- Commercial for Damages to Premises Rented to You Limit. General Liability Conditions, B. Medical Payments 2.Subsidiaries Paragraph 7. Of Section Ill - Limits Of Any subsidiary and subsidiary thereof, Insurance is replaced with the following: of yours which is a legally incorporated entity of which is a legally incorporated 7. Subject to Paragraph 5. Above, the entity of which you own a financial Medical Expense Limit is the most we will interest of more than 50% of the voting pay under Coverage C for all medical stock on the effective date of the expenses because of"bodily injury" Coverage Part.The insurance afforded sustained by any one person. herein for any subsidiary not named in this Coverage part as a named insured The most we will pay because for"bodily does not apply to injury or damage with injury"sustained by any one person is respect to which an insured under this the higher of the following; Coverage Part is also an insured under another policy or would be an insured (a) $10,000; or under such policy but for its termination (b)The amount shown in the or the exhaustion of its limits of Declarations for Medical Expense Limit. insurance. V. SECTION IV-COMMERCIAL GENERAL 3.Newly formed Or Acquired LIABILITY CONDITIONS Organizations The following items are amended: In Paragraph 3.a. of Section 11 -Who Is An Insured, is increased from 90"' A. Duties In The Event Of Accident, Claim, day to 180'h day. Suit Or Loss However, this expansion does not The following items are added to Paragraph 2. apply if coverage for newly formed or Of Section IV- Commercial General Liability acquired organizations is excluded Conditions: either by the provisions of the Coverage Part or by endorsement. e. Additional Insurance Other Insurance IV. LIMITS OF INSURANCE If we cover a claim or"suit"under this Coverage Part that may also be covered A. Damage to Premises Rented To You by other insurance available to an IIC GL 50 04 04 14 4 of 7 Policy # IIC-GL-05791-00 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. additional Insured, such additional If the loss arises out of"property damage" insured must submit such claim or"suit" to borrowed equipment or the use of to the other insurer for defense and elevators to the extent not subject to indemnity. Exclusion J. of Section I- Coverage A- Bodily Injury And Property Damage However, this provision does not apply to Liability; the extent that you have agreed in a written agreement that this insurance is (b) When You Are Added As An Additional primary and non-contributory with the Insured To Other Insurance additional insured's own insurance. Any other insurance available to you f. Knowledge Of An Occurrence, covering liability for damages arising out of Offense,Claim or Suit the premises or operations, or products and completed operations, for products and Paragraph a.and b. apply to you or to completed operations, for which you have any additional insured only when such been added as an additional insured by "occurrence", offense, claim or"suit" is that insurance; or known to: (c) When You Add Others As An Additional (1) You or any additional insured that is an Insured To This Insurance individual; Any other insurance available to an (2) Any partner, if you or an additional additional insured. insured is a partnership; However, the following provisions apply to (3) Any manager, if you or an additional other insurance available to any person or insured is a limited liability company; organization who is an additional insured under this coverage part. (4) Any"executive officer"or insurance manager, if you or an additional insured I. Primary Insurance When Required Is a corporation; By Contract (5) Any trustee, if you or an additional This insurance is primary if you have Insured is a trust; or agreed in a written contract or written agreement that this insurance be (6) Any elected or appointed official, if you primary. If other insurance is also or an additional insured is a political primary, we will share with all that subdivision or public entity. other insurance by the method described in c. Method of Sharing, in This duty applies separately to you and any the policy. additional insured. It. Primary And Non-Contributory To B. Other Insurance Other Insurance When Required By Contract The following items are added to paragraph 4.b.of Section IV- Commercial General If you have agreed in a written Liability Conditions: contract,written agreement, or permit that this insurance is primary and non- (1) This insurance is excess over any of the contributory with the additional other insurance,whether primary, insured's own insurance, this excess, contingent or on any other basis; insurance is primary and we will not seek contribution from that other (a) Property Damage to Borrowed insurance. Equipment or Use of Elevators Paragraphs a. and b. do not apply to other insurance to which the IIC GL 50 04 04 14 5of7 Policy # IIC-GL-05791-00 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. additional insured has been added as an additional insured. VI. DEFINITIONS A. Amended Definitions C. Representations 1. Advertisement Paragraph 6. Of Section IV-Commercial General Liability Conditions is replaced with the The following is added to the definition of following: "advertisement". a. When You Accept This Policy However, 'advertisement"does not include: By accepting this policy, you agree: The design, printed material, information (1) The statements in the Declarations are or images contained in, on or upon the accurate and complete; packaging or labeling of any goods or products;or (2) Those statements are based upon representation you made to us; and An interactive conversation between or among persons through a computer (3) We have issued this policy in reliance network. upon your representations. 2. Coverage Territory b. Unintentional Failure to Disclose Hazards Final paragraph in the definition of "coverage territory" is replaced by the If you unintentionally fail to disclose any following: hazards existing at the inception date or your policy,we will not deny coverage Provided the insured's responsibility to under this Coverage Part because of pay damages is determined in the United such failure. However, you must report States of America (including its territories such error or omission to us as soon as and possessions), Puerto Rico or practicable after its discovery. Canada, in a"suit"on the merits according to the substantive law in such D. Transfer Of Rights OF Recovery Against territory or in a settlement we agree to. Others To Us 3. Insured Contract Paragraph 8.Of Section IV-Commercial General Liability Conditions is replaced with the (1) Paragraph a. in the definition of following: "insured contract" is replaced by the following: If the insured has rights to recover all or part of any payment we have made under this A contract for a lease of premises. Coverage Part,those rights are transferred to However, that portion of the contract us.The insured must do nothing after loss to for a lease of premises while rented impair them.At our request,the insured will to you or temporarily occupied by bring "suit"or transfer those rights to us and you with permission of the owner is helps us enforce them. subject to the Damage to Premises Rented To You Limit described in However, we waive any right of recovery we Sectlon III- Limits of Insurance; may have against any person or organization to the extent required of you by a written contract (2) The First paragraph of Paragraph f. executed prior to any"occurrence"or"suit" in the definition of"insured contract" arises out of operations contemplated by such is replaced by the following: contract.The waiver applies only to the person or organization designated in such contract. IIC GL 50 04 0414 6 of 7 Policy # IIC-GL-05791-00 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. That part of any other contract or agreement pertaining to your (1) Equipment, of at least 1,000 pounds business (including an gross vehicle weight, designed Indemnification of a municipality in primarily for: connection with work performed for a municipality) under which you 6. Personal and Advertising Injury assume the tort liability of another party to pay for"bodily injury"or Paragraph f, in the definition of"personal "property damage"to a third person and advertising injury" is replaced by the or organization, provided the"bodily following; injury"or"property damaged" is caused, in whole or in part, by you or f. Copying, in your"advertisement", a by those acting on your behalf.Tort person's or organization's"advertising liability means a liability that would idea"or style of"advertisement". be Imposed by law in the absence of any contract or agreement. B. Added Deflnitlons 4. Mobile Equipment "Advertising idea" means any idea for an "advertisement" Paragraph f. (1)in the definition or "mobile equipment" is replaced by the following: IICGL50040414 7of7 �niwww��wiw Nr k W 8:qs k, I r.d.m BUSINESS LICENSE SE rk nw'i 1i i 1oJ ID AtiNIALL.'Y ItN' gw 1'zl,til t111 411 liCt"J to i klgf,ihe ,Cr NUARY Itt'I'�7,��'1'3ES?I*F:NAL°iY p«d TSSIS l,f(uNsh kf1jS F ills lko"T'h t)FS,A k'01"+t CC'C+1C S 2019 1 l'hrA(171:.!r'6Y["'L.RANSITRAN1.1<OR ASSI NABI..ti, tKANtl::C3wDAI)DU,t,Sol. tiC,S3 i'titi71) SlU`alli'W S.3 rt Aye)K N�.KFNI'`t'�.ANULE W) #105 Tax Registration The City of T+:�'�1t. Kil°S'L'e NS,A tl;;f ` Endorsement a, aa�N v�l:asu F t ,B,4I011wi,01"w M, r,