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HomeMy WebLinkAboutCAG2019-498 - Original - Cintas Corporation - Uniform & Linen Services - 12/18/2019 Agreement Routing Form 111-7KEN T For Approvals,Signatures and Records Management WASHINGTON ThIs form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator: Mariane Ely Department: Finance Date Sent. 12/13/19 Date Required: 12/18/19 O Authorized ❑ Director or Designee Date of 12/10/19 p, to Sign: Council aMayor Approval: Budget Multiple GL acct#'s: Ct, Fin, Grant? Yes No Account Number. IT, Pks, PW Sewer & Fleet Type: N/A Vendor 9 o Name: Cintas Corporation Cate ry: Contract = Vendor 36030 Sub-Category O Number: to Project E Name: Uniform & Linen Services 1.O C Project For the purchase & rental of uniforms, mats, towels & mops. *. Details: C of Agreement Basis for E g Not to exceed $275 000 in 0 Amount: Selection of Bid L 3 year term. Contractor: a Start Date: 1upon Execution b Termination Date:y Mayor y 11/30/2022 Notice required prior to Yes No Contract Number: �/-f�a p��j— -/I e> disclosure? Date RaVor e : Comments: LJ ra. C _ O N ENT W DEPT. . ARE VED a vM Date Routed to the Mayor's Office: N air Date Routed to the City Clerk's Office: •; City of Kent ly rOffice of the AA;iyor y( Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 KENT GOODS & SERVICES AGREEMENT between the City of Kent and CINTAS CORPORATION THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Cintas Corporation organized under the laws of the State of Washington, located and doing business at 631 Valley Ave N. W, Puyallup, Wasington 98371 (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: Linen and uniform services in accordance with the City's July 26, 2019 Request for Proposals and Vendor's August 26, 2019 response to the City's request. Copies of the City's Request for Proposals is attached and incorporated as Exhibit A and the Vendor's Response is attached and incorporated as Exhibit B. Uniforms will be provided under this Agreement on a mixed rental and purchase basis. All rented uniforms will be replaced with new garments after 18 months of use. Purchased uniforms will be replaced as the City may determine is necessary. 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 through November 30, 2022. However, upon the parties mutual agreement, this Agreement may be extended on a month-to-month basis, up to an additional one year term. However, in no event shall the term of this Agreement be extended beyond November 30, 2023. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $275,000 for the original three year term of this Agreement, for the goods, materials, and services contemplated in this agreement. This 'not to exceed' amount is provided as an estimate only and is in no way a guarantee of the payment the Vendor can expect to receive during the term of this agreement. However, because the City's uniform needs depend on the number of employees it has on staff, this amount may fluctuate up and down. If the parties agree to extend this Agreement after the initial three year term, and should the 'not to exceed' amount provided for in this section prove insufficient to cover the costs associated with that extension, the parties shall properly negotiate and execute an amendment to this Agreement. However, by its execution of this Agreement, the Vendor agrees that the rental and purchase rates it charges the City during that extension period shall remain locked at the rates originally provided for within this Agreement, unless the City agrees otherwise, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS & SERVICES AGREEMENT - 1 1 (Over$20,000, including WSST) Vendor will be paid on a monthly basis for services rendered and goods received during the prior month. The City has elected to contract with Vendor to provide a mix of uniform rental, uniform purchase and uniform laundry services. During the term of this Agreement, the City will purchase and rent uniform garments in the quantities as the City may designate, as provided for in Exhibit C. For those uniform garments that are rented, the weekly laundry service and all mending or repair services are included within the rental cost. For those uniform garments purchased by the City or employee, and which require laundry service due to contamination, the Vendor shall invoice the City $2.00 per laundered item. The Vendor shall not repair or mend any purchased item that has been sent to Vendor for laundry service, unless first requested by the City. Invoices will be paid within thirty (30) days after the City's receipt and acceptance of the goods or completion and acceptance of the services. Payment periods will be computed from either the date of delivery of all goods ordered, the date of completion of all services, or the date of the City's receipt of a correct invoice, whichever of these dates is later. No payment shall be due prior to the City's receipt and acceptance of the items identifed in the invoice thereof. 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, GOODS & SERVICES AGREEMENT - 2 2 (Over$20,000, including WSST) 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 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. GOODS & SERVICES AGREEMENT - 3 3 (Over$20,000, including WSST) 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 S. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). 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 GOODS & SERVICES AGREEMENT - 4 4 (Over$20,000, including WSST) 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 INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. 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 D 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. 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 GOODS &SERVICES AGREEMENT - 5 5 (Over$20,000, including WSST) award provided by law; provided, 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. 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. 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: By: By: , (signature) (signatur Print Name: c_h ab 5�4,CC2 Print Name: Dana Ralph Its 5 ` a & Its Mayor GOODS &SERVICES AGREEMENT - 6 6 (Over$20,000, including WSST) (title) DATE: 1 L A I DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Chris Scheer Paula Painter Cintas Corporation City of Kent 631 Valley Ave N W 220 Fourth Avenue South Puyallup, WA 98371 Kent, WA 98032 253-231-8317 (telephone) (253) 856-5234 (telephone) (facsimile) (253) 856-62 facsimile) APPROV D A TO F R Ke Lw6epartr!e� ATTEST: Kent City Clerk P:\CustomerService\Uniform-Linen Svcs Contract RFP-2019 GOODS & SERVICES AGREEMENT - 7 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 below, I agree to fulfill the five requirements referenced above. By: For: Cve Title: 6 A V sC t�' /f/l 4AI I !L Date: 1 Z A a 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. 9 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 If i n 4u 5 0Ve4 '1() � Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as �lh.�a�.�,, S �Usc. S that was entered into on the 1 2- It i Oa a (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. :B OLt�' Jilt�1 Y For: 6 ✓i+u 5 �� ��l v►^a r c� �1 Title: J i5(L UX:c-L A_A-N ,+&e1Z Date: 1 Z l ll 1 io EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A CALL FOR PROPOSALS Notice is hereby given that the City of Kent, Washington, is accepting proposals for Linen and Uniform Services. Proposals will be received at the City Clerk's office through August 26, 2019 up to 2:30 p.m. as shown on the clock in the lobby of City Hall located at 220 Fourth Avenue South, Kent, Washington. Proposals received later than 2:30 p.m. on August 26, 2019 may not be considered. Detailed information about this proposal and a set of specifications, along with details of what must be submitted as a response to this proposal, may be obtained from the Finance Department. You may contact the Finance Department by calling (253) 856- 5200 or by emailing at CustomerService d KentWa.rggv. The Finance Department is located at 400 West Gowe, Suite 122, Kent, Washington. The City of Kent reserves the right to reject any and all proposals and to waive irregularities and informalities in the submittal and evaluation process. The decision will be qualitative and performance-based. Overall cost will be a factor but not necessarily a determinative factor. Once bids are received, the City may conduct one or more follow- up interviews and/or negotiations with selected vendors. No bidder may withdraw its proposal for a period of one-hundred twenty (120) days after the proposal due date. Dated this 26th day of July, 2019. Kim Komoto City Clerk City of Kent Published: Kent Reporter/Sound Publishing On July 26, 2019 and August 2, 2019. Linen and Uniform Services Proposal The City of Kent seeks proposals from qualified vendors of linen and uniform services for the purpose of servicing the City's linen and limited uniform needs. The proposal will have a duration period of three years from the date of execution of this agreement. Proposals should be completed on the City's form, which is attached and should be received at City Hall located at 220 Fourth Avenue South, Kent, Washington 98032, on or before 2:30 p.m. on August 26, 2019. General Information The City of Kent has approximately 210 employees that will be serviced by this contract. Purchasing Estimates • Parka- 210 Jackets- 43 Coveralls- 10 Set of raingear- 186 Carhartt Jackets-210 Shirts-50 Rental and Laundry • Approximately 8 Mechanics/Full-time, 13 Sewer, and 3 Home Repair employees that are entitled to the following: 11 shirts, 11 pants (combination of pants and non-insulated overalls), 3 jackets, and 3 coveralls/overalls and regular weekly laundering. • Laundry service for both leased and non-leased clothing that has been contaminated. This will be on an as needed basis for all employees. • Payments based on items laundered. • Rental and laundry of linen. See Exhibit A. These numbers may vary with the needs and operational goals of the City. 12 Requirements and Services 1. Unit prices shall remain constant during the life of the contract. 2. The contract period for Linen and Limited Uniform Services shall be at least three (3) years beginning approximately October 1, 2019 to September 30, 2022. 3. Delivery of uniforms, mats, towels, etc. may be required at any or all of the following locations: City Hall Parks Maintenance Senior Center 220-4t'' Avenue S 5821 S 240th 600 E. Smith Kent, WA 98032 Kent, WA 98032 Kent, WA 98032 Centennial Center Public Works Golf Maintenance 400 West Gowe 5821 S 240th 24058 Russell Road Kent, WA 98032 Kent, WA 98032 Kent, WA 98032 Kent Commons Parks Dept. Annex 525-41h Avenue N 12607 SE 248th Kent, WA 98032 Kent, WA 98032 4, The City of Kent has the right to decrease or increase its employees to meet the needs of the City. Quantities are estimates only. During the life of the contract the City reserves the right to change quantities (increase or decrease) as required. The City reserves the right to change locations (add or delete) as needed. 5. The successful bidder will furnish for the use of the City, all items listed on the proposal form and cleaning of same for a period beginning approximately October 1, 2019 through September 30, 2022. 6. Pickups and deliveries will be made weekly. Deliveries and pickups should fall on the same day of the week for the duration of the contract. 7. All rental garments shall remain the property of the supplier. If the garments are lost or destroyed, or become 13 unpresentabie through misuse, the City shall pay for those garments at their depreciated value. Depreciation schedule to be provided as part of the RFP. Damaged garments will be replaced within (2) weeks. 8. For purchased garments, the successful bidder will provide the city a turnaround timeline, from the date the order is placed, to delivery. Not to exceed 30 days. 9. The successful bidder will invoice individual City of Kent Departments as directed. Agreed billing and payment periods will be determined during contract negotiations. (Currently, the City's vendor employs a weekly billing and payment period.) 10. The supplier's driver should check clothing regularly to ensure that name tags and City identification tags are intact and in good repair. The supplier shall mend, alter, or replace leased garments to the extent necessitated by normal wear and tear. The supplier will furnish all necessary repair tags. 11. Leased uniforms that require mending shall be properly labeled by the city, and the selected supplier will mend and return items to the city within one laundering cycle. 12. It is the intent of the city to give the successful bidder a thirty (30) day lead to measure, order and deliver all required leased items by November 1, 2019. It is expected that the current vendor, if not the successful bidder, will be prepared to pick up its products during the same week. 13. The City will work with the vendor to come up with an implementation plan. The selected supplier(s) will install all locations within a five consecutive day time period. Exceptions to this plan must be agreed in writing. 14. Names: The employee's first name will be stitched over the left breast pocket of shirts and jackets. The 'City of Kent' will be stitched over the right breast pocket of shirts and jackets. Style, size, format, color, etc., for names will require the City's prior approval. 14 15. The supplier will properly measure each employee before supplying uniforms. Measuring may need to be scheduled to accommodate shift changes. Measuring is the responsibility of the vendor. Employees will be measured by using size samples to insure accurate measurements for each employee. This process should be completed prior to the beginning of the new contract. 16. Garments shall be deemed unsatisfactory if the employee refuses the garments for good reason. Since employees are usually in the field at the time of delivery an employee shall have one working day (typically 24 hours) to refuse delivery of garments, at which time the supplier will replace the article(s). 17. Vendor will count all dirty uniforms removed from each site and provide a report to the City for each pick-up cycle. The report will be provided to the city no later than 24 hours after pickup of dirty uniforms. The preferred method of reporting will be determined during contract negotiations. 18. Vendor will provide a count of all uniforms returned to the city after laundering, noting any discrepancies and reason. The preferred method of reporting will be determined during contract negotiations. 14. Vendor will provide at City's request an accurate and itemized listing with associated costs. 20. Vendor shall provide cleaning services for purchased garments, on an as needed basis, where garments have been contaminated. Purchased garments lost or damaged by vendor will be replaced at full list price. 21. The city will notify the vendor in writing of any employee who is no longer in need of the vendor's service. The employee shall be removed from the invoice within one billing cycle. All garments shall be returned to the vendor at time of notification. Any vendor selected by the City will be required to enter into an agreement in the form attached as Exhibit B. is Proposal Requirements: 1. Proposals shall be clearly marked "PROPOSAL" with "Linen and Limited Uniform Services" on the outside of the envelope, addressed to the City Clerk, 220 - Fourth Avenue South, Kent, Washington 98032-5892. 2. Proposals should be made on the blank form attached to these specifications and all prices stated must be in ink or typewritten. Failure to use this form may result in rejection of your proposal. 3. The bidder shall provide the City with a replacement price list for all items and a depreciation schedule. 4. This contract is subject to all the terms and conditions of state, local, and federal law, including without limitation, WISHA and OSHA regulations. 5. Cost of the item must include any and all silk screening and embroidery costs. 6. Bidder shall supply samples of materials on which they have bid. Materials shall be as specified. 7. Photos of all proposed garments must be attached to the proposal if different from the garments on the bidder form. 8. For questions or concerns contact: Mariane Ely Senior Financial Analyst 253-856-5233 16 Selection Process 1. The City reserves the right to reject any or all proposals, and to i waive any informality in the process, or determine which proposals or bidder is lowest and most reasonable and shall be the sole judge thereof. 2. In awarding the contract, the City will consider among other things, the reliability of the supplier, services offered by the vendor, product quality, as well as the price quoted. Bidders should furnish a list of five references of contracts approximately equal to the City's volume. 3. The City of Kent is an Equal Opportunity Employer and encourages women and minority contractors to submit proposals. The winning contractor and subcontractors must conform to the requirements listed in the City's Personnel Policy and Procedure Manual, Number 1.2, entitled "Minority and Women Contractor" as adopted on January 1, 1998. There is no exception to any of the above. 4. This contract will be awarded to one supplier only. 17 Exhibit A - CALL FOR PROPOSAL Picture Description Rental Purchase Cost* Price Work Pants • 8.25 oz. twill t « 65% polyester/35% combed cotton pants • Heavy duty brass ratcheting zipper • Sizes and styles for both men and women should be available • Regular cut with slashed pocket, a western jean cut, and double pleated slacks Color: Navy Carhartt Pants - Double Front • 12-ounce, 100% ring-spun cotton duck with piled yarns for added durability * Chap-style double front with cleanout bottom • Multiple tool and utility pockets, and a hammer loop • 19-inch leg opening easily fits over work boot • Carhartt Carhartt Pants- Dungaree i 383 The Work Dungaree Sits slightly below the natural f waist and is full through the seat and thighs, giving more room to work comfortably. • Built tough with multiple tool pockets and two reinforced back pockets. • 19" leg opening accommodates work boots. Page l of 9 18 Exhibit A - CALL FOR PROPOSAL Picture Description Rental Purchase Cost* Price ix Coveralls �r + 10 oz., 100% cotton fisher stripe • Concealed zipper _ Front closure S k Industrial Shirts 65% polyester/35%combed cotton f .. Double chest pocket Sewn in stay collars Long sleeve and short sleeve lengths Sizes S-6XL,for both men and women Colors: Navy City of Kent logo required White sllkscreen or embroidery o Left chest i `i Denim Shirt • 100%cotton denim shirt • Long oversized cut with a fully constructed button-down collar • Two-button cuffs and sleeve • Button-through chest pocket • Color: Faded Denim • Sizes: S-6XL • City of Kent logo required White silkscreen or embroidery Left chest Polo Shirt • Fade resistant, shrink resistant and wrinkle resistant. • Three-button placket, rib knit cuffs, chest pocket. • 100% polyester Sizes XS-4XL Page 2 of 9 19 Exhibit A - CALL FOR PROPOSAL Picture Description Rental Purchase Cost* Price l �l al High-Image Jacket • Inside storm flap to keep the breeze out • 65% polyester/35% cotton twill Parka • Insulated, water resistant shell • Two way zipper • Insulated collar with roll-away hood • Fleece inner jacket zips in for extra warmth or worn separately • Chest and side pockets • Color: Navy Sizes: S-6XL • City of Kent logo required White silkscreen or embroidery Left chest Carhartt Detroit Jacket 103828 (formerly 3001) • 12 ounce, 100%ring-spun cotton duck • Updated blanket lining in body Quilted nylon lining in sleeves f p Corduroy-trimmed collar with under collar a ` snaps for optional hood • Left-chest pocket with zipper closure Two Inside pockets .' Two lower front pockets • Snap adjustable cuffs and waist Pleated bl-swing back enhances movement ? Triple stitched main seams • Back length: Large Regular: 29 inches Color: Carhartt Brown Sizes:Small Regular-5XL Regular Medium Tall-4XL Tall Options for larger sizes Aad Women's option of this jacket Page 3 of 9 20 Exhibit A - CALL FOR PROPOSAL Picture Description Rental Purchase Cost* Price i Carhartt Chore Coat 103825 (formerly C001) 12 ounce,firm-hand duck, 100%ring-spun cotton duck • Updated blanket lining In body • Quilted lining In sleeves • Corduroy-trimmed collar with under collar snaps . Two rivet-reinforced chest pockets • Two Inside pockets . Two rivet-reinforced lower front pockets lined with a brushed tricot lining Updated cuff opening • Triple-stitched main seams • Back length: Large Regular: 31 1/4 Inches Color:Carhartt Brown Sizes:Small Regular-3XL Regular Large Tall-2XL Tall Options for larger sizes W3130 W Sandstone Active Jac 12-ounce, 100%cotton sandstone duck Flannel- lined body for comfort. Quilted nylon sleeve lining for warmth and easy on-and-off. Quilted flannel-lined hood for warmth. Carhartt-strong, triple-stitched main seams. Rib-knit cuffs and waist help keep out the cold. Two inner zip pockets. Model height: 5'8"; Wearing size S Sizes: XS-2XL �- Ike Jacket • Short-waisted, 65/35 poly/cotton twill jacket • Quilted nylon liner ideal for all climates. Adjustable waist, single- button • Adjustable cuff and two large button-down patch pockets. • Sizes: S-6XL • City of Kent logo required White silkscreen or embroidery Left chest Page 4 of 9 21 Exhibit A - CALL FOR PROPOSAL Picture Description Rental Purchase Cost* Price Jacket-Lined • 7.25 oz. twill, 65% polyester/35% combed cotton • Pre-cure durable press • Light soil wash • Solid brass zipper • Collar and waistband is 100% polyester 1x1 rib knit • Mid length • Welted slash pockets and utility pocket on left sleeve • Permanently lined, black 100% nylon taffeta quilted to a 3.3oz. 1/8"polyurethane foam • Colors: Navy • City of Kent logo required White silkscreen or embroidery Left chest • Sizes: S-6XL Green Waterproof Bib • Waterproof • .35mm A-series double sided PVC- coated polyester • Resistance to oils, chemicals, acids and other abrasives Green Waterproof Jacket • Waterproof • .35mm double sided PVC-coated polyester • Resistance to oils, chemicals, acids and other abrasives • 2 front pockets with storm flaps • Attached hood with drawcord Page 5 of 9 22 Exhibit A - CALL FOR PROPOSAL Picture Description Rental Purchase Cost* Price Vision Rain Jacket 1 7 mil thick waterproof, breathable fabric with seams stitched and t taped sealed "" • ANSI/ISEA 107 Class 3 compliant " . Full cut shoulder with 90 degree sleeve to body angle for maximum ., freedom of movement Velcro take-up straps on the sleeves for adjustable fit 2-inch silver reflective tape for 360 degree visibility • Roll-a-way hood IV I Vision Overall • 7 mil thick waterproof, breathable fabric with seams stitched and taped sealed • ANSI/ISEA 107 Class 3 compliant • Suspenders shall be equipped with quick release buckles and crossover • Velcro take-up straps on the ,= ankles for adjustable fit * 2-inch silver reflective tape for 360 degree visibility • Easy access cargo pocket with velcro enclosure Vision Pants • 7 mil thick waterproof, breathable fabric with seams stitched and taped sealed • ANSI/ISEA 107 Class 3 compliant • Elastic waist with adjustable drawcord and side openings with flap enclosures • Velcro take-up straps on the ankles for adjustable fit • 2-inch silver reflective tape for 360 degree visibility Page 6 of 9 23 Exhibit A - CALL FOR PROPOSAL Picture Description Rental Purchase Cost* Price Rain Jacket " Level 2 waterproof, 600 denier, 100% polyester shell and fully taped seams • ANSI Class 3 �• • Removable three piece hood with adjustable drawcord • 3M Scotchlite reflective material ' 71 Rain Pants • Level 2 waterproof • 600 denier, 100% polyester shell ,;. 0 ANSI Class 3 r Rain Jacket • 100% waterproof g6 .16 mm polyurethane-coated knit a polyester • Class 3 • Stow away hood Adjustable cuffs • Waist drawcords ,. 2-inch wide 3M Scotchlite reflective tape around chest and • .f arms • 360 degree visibility Page 7 of 9 24 Exhibit A - CALL FOR PROPOSAL Picture Description Rental Purchase Cost* Price Rain Bibs • 100% waterproof 16 mm polyurethane-coated knit polyester • Class 3 • 19-inch leg openings with adjustable snap fastener at the ankle • 2-inch wide 3M Scotchlite reflective tape around chest and legs 360 degree visibility i Rain Pants • 100% waterproof • .16 mm polyurethane-coated knit polyester • Class 3 • 19-inch leg openings with adjustable snap fastener at the ankle • 2-inch wide 3M Scotchlite reflective tape around lower legs • 360 degree visibility Launder/Wash -Cost per item • City owned garments • Contaminated garments Additional Costs? • Weekly Service Charges? • Rentals - Name/Startup • Purchase -City Logo • Other Charges? *Rental Cost of uniforms are weekly and are to include laundry service Page 8 of 9 25 Exhibit A - CALL FOR PROPOSAL Picture Description Rental Purchase Cost* Price Linen Description Current Quantities Unit cost(Weekly Unit Cost Shop Towels 820 Fender Covers 8 Glass Towels 20 Terry Towels 600 Bath Towels 160 24"Dust Mop r 1 _u 36"Dust Mop ? 48"Dust Mop 8 60"Dust Mop F24 Wet Mop 3'x 5'Rubber Outdoor Scraper Mat 3'x 5' Spring Step Mat 0 3'x 4'Entry Mat 18 4'x 6' Entry Mat 18 3'x 10' Entry Mat 8 3'x 4'Entry Mat (Heavy-duty, 5 absorbent and fast-d in 4'x 6'Entry Mat (Heavy-duty, 7 absorbent and fast-d in 3'x 10' Entry Mat (Heavy-duty, 7 absorbent and fast-drying) *Rental Cost of towels,covers and mops to include laundry service The respondent hereby warrants that their proposal is genuine and that it is not the result of collusion with other respondcnt(s)or any other person(s). _ -,_ _."_,._ . Signature Name Pri,.nted Title Date Page 9 of 9 26 K E N T 6 g GOODS & SERVICES AGREEMENT between the City of (Kent and [Insert Vendors Co. Name] THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and [Insert Vendor's Company Name] organized under the laws of the State of [Insert State Co. Formed Under], located and doing business at [Insert Vendor's Address, Phone Number, and Contact Person] (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: [Insert Detailed Description of goods, materials, and/or services Vendor will be providing. Please be as detailed as possible. You may also refer to an Exhibit so long as it is clearly identified by title and date.] 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 [Enter either"within" or "by" depending on deadline in next form field] [Insert either a date specific or enter # of days, weeks, months, years, etc.]. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed [Insert maximum dollar amount to be paid for services. You may type out the dollar amount and place the numerical dollar amount in parentheses or you may just enter the numerical dollar amount], 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: [Insert Detailed Description of how Vendor is to be Paid for its Goods and Services] GOODS & SERVICES AGREEMENT - 1 27 (Over$20,000, includ/ng 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. D fee iye 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. Eina..,..__a!_Payment: 4V,aiver of Clgi 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, GOODS & SERVICES AGREEMENT - 2 28 (Over$20,000, including WSST) 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 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. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. GOODS & SERVICES AGREEMENT - 3 29 (Over$20,000, including WSST) 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. fgAy_L tq Follow Prpc_edures 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). 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 INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable GOODS & SERVICES AGREEMENT - 4 30 (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 [Insert Exhibit #] 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. Rec�+clable 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 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. Asti nment. 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. 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 31 (Over$20,000, including WSST) H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. 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. 3• pity a mess License Res�uired. 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 Sionptures by Fgx gr mail. 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: By: By (signature) (signature) Print Name: h ,f S h ect, Print Name:_.... Dana Ralph Its 5 L R V2_G.6 !tN A-Cvc tL Its Mayor (title) DATE: 12 (�j_j_� DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: [Insert Contact Name] [Insert Name of City Rep. to Receive Notice] [Insert Company Name] City of Kent [Insert Address] 220 Fourth Avenue South [Address - Continued] Kent, WA 98032 [Insert Telephone Number] (telephone) (253) [Insert Phone Number] (telephone) [Insert Fax Number] (facsimile) (253) [Insert Fax Number] (facsimile) GOODS &SERVICES AGREEMENT - 6 32 (Over$20,000, including WSST) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk [In this field,you may enter the electronic fflepath where the contract has been saved] GOODS &SERVICES AGREEMENT - 7 33 (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 below, I agree to fulfill the five requirements referenced above. By: 1 For: .' ✓r �s �r c�ctir�o� Title: j c57AV-I--c /IAA , (,a/L Date: Z/ 34 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. 35 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 �;✓r`� �s �v.^nv N u'r' o✓� Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Z :16N a U.".A..o -, f6A- -1F that was entered into on the 1 1 ]I1 / 1 (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 � ►^ S -nQN_w�i �� .1 Title: Date: 36 EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT B Linen and Uniform Services Proposal The City of Kent seeks proposals from qualified vendors of linen and uniform services for the purpose of servicing the City's linen and limited uniform needs. The proposal will have a duration period of three years from the date of execution of this agreement. Proposals should be completed on the City's form, which is attached and should be received at City Hall located at 220 Fourth Avenue South, Kent, Washington 98032, on or before 2:30 p.m. on August 26, 2019. General Information The City of Kent has approximately 210 employees that will be serviced by this contract. Purchasing Estimates Parka- 210 Jackets- 43 Coveralls- 10 Set of raingear- 186 Carhartt Jackets-210 Shirts-50 Rental and Laundry • Approximately 8 Mechanics/Full-time, 13 Sewer, and 3 Home Repair employees that are entitled to the following: 11 shirts, 11 pants (combination of pants and non-insulated overalls), 3 jackets, and 3 coveralls/overalls and regular weekly laundering. • Laundry service for both leased and non-leased clothing that has been contaminated. This will be on an as needed basis for all employees. • Payments based on items laundered. • Rental and laundry of linen. See Exhibit A. These numbers may vary with the needs and operational goals of the City. 37 Requirements and Services 1, Unit prices shall remain constant during the life of the contract. 2. The contract period for Linen and Limited Uniform Services shall be at least three (3) years beginning approximately October 1, 2019 to September 30, 2022. 3. Delivery of uniforms, mats, towels, etc, may be required at any or all of the following locations: City Hail Parks Maintenance Senior Center 220-4th Avenue S 5821 S 240th 600 E. Smith Kent, WA 98032 Kent, WA 98032 Kent, WA 98032 Centennial Center Public Works Golf Maintenance 400 West Gowe 5821 S 240th 24058 Russell Road Kent, WA 98032 Kent, WA 98032 Kent, WA 98032 Kent Commons Parks Dept. Annex 525-4th Avenue N 12607 SE 248th Kent, WA 98032 Kent, WA 98032 4. The City of Kent has the right to decrease or increase its employees to meet the needs of the City. Quantities are estimates only. During the life of the contract the City reserves the right to change quantities (increase or decrease) as required. The City reserves the right to change locations (add or delete) as needed. 5. The successful bidder will furnish for the use of the City, all items listed on the proposal form and cleaning of same for a period beginning approximately October 1, 2019 through September 30, 2022. 6. Pickups and deliveries will be made weekly. Deliveries and pickups should fall on the same day of the week for the duration of the contract. 7. All rental garments shall remain the property of the supplier. If the garments are lost or destroyed, or become 38 unpresentable through misuse, the City shall pay for those garments at their depreciated value. Depreciation schedule to be provided as part of the RFP. Damaged garments will be replaced within (2) weeks. 8. For purchased garments, the successful bidder will provide the city a turnaround timeline, from the date the order is placed, to delivery. Not to exceed 30 days. 9. The successful bidder will invoice individual City of Kent Departments as directed. Agreed billing and payment periods will be determined during contract negotiations. (Currently, the City's vendor employs a weekly billing and payment period.) 10. The supplier's driver should check clothing regularly to ensure that name tags and City identification tags are intact and in good repair. The supplier shall mend, alter, or replace leased garments to the extent necessitated by normal wear and tear. The supplier will furnish all necessary repair tags. 11. Leased uniforms that require mending shall be properly labeled by the city, and the selected supplier will mend and return items to the city within one laundering cycle. 12. It is the intent of the city to give the successful bidder a thirty (30) day lead to measure, order and deliver all required leased items by November 1, 2019. It is expected that the current vendor, if not the successful bidder, will be prepared to pick up its products during the same week. 13. The City will work with the vendor to come up with an implementation plan. The selected supplier(s) will install all locations within a five consecutive day time period. Exceptions to this plan must be agreed in writing. 14. Names: The employee's first name will be stitched over the left breast pocket of shirts and jackets. The `City of Kent' will be stitched over the right breast pocket of shirts and jackets. Style, size, format, color, etc., for names will require the City's prior approval. 39 15. The supplier will properly measure each employee before supplying uniforms. Measuring may need to be scheduled to accommodate shift changes. Measuring is the,responsibility of the vendor. Employees will be measured by using size samples to insure accurate measurements for each employee. This process should be completed prior to the beginning of the new contract. 16. Garments shall be deemed unsatisfactory if the employee refuses the garments for good reason. Since employees are usually in the field at the time of delivery an employee shall have one working day (typically 24 hours) to refuse delivery of garments, at which time the supplier will replace the article(s). 17. Vendor will count all dirty uniforms removed from each site and provide a report to the City for each pick-up cycle. The report will be provided to the city no later than 24 hours after pickup of dirty uniforms. The preferred method of reporting will be determined during contract negotiations. 18. Vendor will provide a count of all uniforms returned to the city after laundering, noting any discrepancies and reason. The preferred method of reporting will be determined during contract negotiations. 19. Vendor will provide at City's request an accurate and itemized listing with associated costs. 20. Vendor shall provide cleaning services for purchased garments, on an as needed basis, where garments have been contaminated. Purchased garments lost or damaged by vendor will be replaced at full list price. 21. The city will notify the vendor in writing of any employee who is no longer in need of the vendor's service. The employee shall be removed from the invoice within one billing cycle. All garments shall be returned to the vendor at time of notification. Any vendor selected by the City will be required to enter into an agreement in the form attached as Exhibit B. 40 Exhibit A - CALL FOR PROPOSAL Picture Description Rental Purchase Cost* Price Work Pants $.19 $15.00 ' 0 8.25 oz. twill • 65% polyester/35% combed cotton pants Heavy duty brass ratcheting zipper • Sizes and styles for both men and women should be available Regular cut with slashed pocket, a western jean cut, and double pleated slacks • Color: Navy 945 Direct $36.00 Carhartt Pants- Double Front Purchase • 12-ounce, 100% ring-spun cotton Only duck with piled yarns for added durability • Chap-style double front with cleanout bottom Multiple tool and utility pockets, and a hammer loop 19-inch leg opening easily fits over work boot • Carhartt Carhartt Pants - Dungaree $.49 $40.00 • 383 The Work Dungaree • Sits slightly below the natural waist and is full through the seat and thighs, giving more room to work comfortably. • Built tough with multiple tool pockets and two reinforced back pockets. • 19" leg opening accommodates work boots. 383 Page 1 of 10 41 Exhibit A - CALL FOR PROPOSAL Picture Description Rental Purchase Cost* Price Coveralls $.54 $52.00 • 10 oz., 10011/o cotton fisher stripe Concealed zipper • Front closure 4` 910 Industrial Shirts $•16 $15.00 65%polyester/35%combed cotton ro: Double chest pocket • Sewn in stay collars • Long sleeve and short sleeve lengths • Sizes S-6XL,for both men and women • Colors: Navy j City of Kent logo required White silkscreen or embroidery Left chest 935 Denim Shirt $.25 $27.00 • 100%cotton denim shirt • Long oversized cut with a fully constructed button-down collar • Two-button cuffs and sleeve • Button-through chest pocket • Color: Faded Denim • Sizes: S-6XL • City of Kent logo required White silkscreen or embroidery Left chest 65415 Polo Shirt $.27 $21.00 Fade resistant, shrink resistant and wrinkle resistant. • Three-button placket, rib knit cuffs, chest pocket. • 100% polyester • Sizes XS-4XL 259 Page 2 of 10 42 Exhibit A - CALL FOR PROPOSAL Picture Description Rental Purchase Cost* Price I+ $1.45 $41.00 1 3yr' if U�U High-Image jacket • Inside storm flap to keep the breeze out + 65% polyester/35% cotton twill l x 366 Direct $90.00 Parka Purchase • Insulated, water resistant shell Only $6.00 • Two way zipper Per • Insulated collar with roll-away Embroidery hood for this • Fleece inner jacket zips in for extra item, Due warmth or worn separately to 2 Pieces • Chest and side pockets • Color: Navy • Sizes: S-6XL • City of Kent logo required White silkscreen or embroidery Left chest Direct _ $63.00 Carhartt Detroit Jacket 103828 Purchase (formerly 3001) Only • 12 ounce, 100%ring-spun cotton duck • Updated blanket Ilning In body • Quilted nylon lining In sleeves Corduroy-trlmmed collar with under collar snaps for optional hood • Left-chest pocket with zipper closure • Two Inside pockets • Two lower front pockets • Snap adjustable cuffs and waist • Pleated bi-swing back enhances movement • Triple-stitched main seams • Back length: Large Regular: 29 Inches Color: Carhartt Brown Sizes:Small Regular-5XL Regular Medium Tall-4XL Tall Options for larger sizes- Page 4 And Women's option of this jacket-Page 4 Page 3 of 10 43 Exhibit A - CALL FOR PROPOSAL Picture Description Rental Purchase Cost* Price DUCK QUILT-LINED ACTIVE Direct jacket and Purchase Pricing will - C Only not be STYLE 104053 available till 12cancea !ir�spur;ronaaa�c; beginning puihednyf�ninrgfae�gora1�aN6Ug314'?hinsatn"kaiedassinsula(afawartn!hwnhoNe of 2020 we ht per g Carhartt isarhartis!ror�,triples!ittlgdmaiaseams [tadura°•tNalarcedsl¢eretmre3res:�tweara=�dlsa� IMemaldt�kni!sotmcaNsho�Y�epauithect dltacledliaodwhhinr�rdratrcorJandtmdkxz Elam pleats la(ease of marmit Fxaf dlr�!papas,atewlt!penstall fwainrr�xpotVkts Nadalt>Filfa;i'i1';Weanngskes Imparted Direct $71.00 Pate, Duck T6ermalaodActiveJacket Purchase Pt Aa:F01111 &XV1e>4.c4T Only s !r'-�.�i6Ek,!�33�atl1�4�kf G446 ala i�dSds '� �.,. °k?rral�;!�{esEe,��v.��rwa�;t,seeataa s AGgtfi�b�^?s59t i+i4':`fsi'l`J�C!'E+1'� E�IsYJitCa"Sa1(tsdS'!+�Fitt�;�•t!:4??'f +'m mrh)a6 filets f Wl ikstlt(rKr�Qt� 8xkt:r�p ta,�±ml�a�x..,is#:�:i!• Page 4 of 10 44 Exhibit A - CALL FOR PROPOSAL Picture Description Rental Purchase Cost* Price III Carhartt Chore Coat 103825 Direct $63.00 Purchase (formerly C001) Only • 12 ounce,firm-hand duck, 100%ring-spun cotton duck • Updated blanket lining In body • Quilted lining in sleeves • Corduroy-trimmed collar with under collar snaps • Two rivet-reinforced chest pockets • Two Inside pockets • Two rivet-reinforced lower front pockets lined with a brushed tricot lining • Updated cuff opening • Triple-stitched main seams • Back length: Large Regular: 31 1/4 Inches Color:Carhartt Brown Sizes:Small Regular-5XL Regular Large Tall-3XL Tall Options for larger sizes Direct $95.00 W3130 W Sandstone Active Jac purchase 12-ounce, 100%cotton sandstone duck Flannel- Only lined body for comfort. Quilted nylon sleeve lining for warmth and easy on-and-off. Quilted flannel-lined hood for warmth. Carhartt-strong, triple-stitched main seams. Rib-knit cuffs and waist help keep out the cold. Two inner zip pockets. Model height: 58"; Wearing size S Sizes: XS-2XL Ike Jacket $.88 $33.00 • Short-waisted, 65/35 poly/cotton twill jacket • Quilted nylon liner ideal for all climates. Adjustable waist, single- button • Adjustable cuff and two large button-down patch pockets. • Sizes: S-6XL • City of Kent logo required White silkscreen or embroidery Left chest 970 Page 5 of 10 45 Exhibit A - CALL FOR PROPOSAL Picture Description Rental Purchase Cost* Price Jacket-Lined $.42 $42.00 • 7.25 oz. twill, 65% polyester/35% combed cotton • Pre-cure durable press • Light soil wash • Solid brass zipper • Collar and waistband is 100% polyester 1x1 rib knit • Mid length • Welted slash pockets and utility pocket on left sleeve • Permanently lined, black 100% nylon taffeta quilted to a 3.3oz. 1/8"polyurethane foam • Colors: Navy • City of Kent logo required White silkscreen or embroidery Left chest • Sizes: S-6XL 677 D i rect Green Waterproof Bib Purchase $10.00 • Waterproof Only .35mm A-series double sided PVC- coated polyester • Resistance to oils, chemicals, acids and other abrasives Direct $10.00 Green Waterproof Jacket Purchase • Waterproof Only • .35mm double sided PVC-coated polyester Resistance to oils, chemicals, acids and other abrasives • 2 front pockets with storm flaps • Attached hood with drawcord Page 6 of 10 46 I t Exhibit A - CALL FOR PROPOSAL l Picture Description Rental Purchase Cost* Price Direct $120.00 Vision Rain Jacket Purchase 7 mil thick waterproof, breathable Only fabric with seams stitched and taped sealed ANSI/ISEA 107 Class 3 compliant • Full cut shoulder with 90 degree ° sleeve to body angle for maximum freedom of movement Velcro take-up straps on the sleeves for adjustable fit • 2-inch silver reflective tape for 360 degree visibility • Roll-a-way hood Direct IV Vision Overall Purchase $60.00 • 7 mil thick waterproof, breathable Only fabric with seams stitched and taped sealed • ANSI/ISEA 107 Class 3 compliant Suspenders shall be equipped with quick release buckles and crossover Velcro take-up straps on the ankles for adjustable fit • 2-inch silver reflective tape for 360 degree visibility Easy access cargo pocket with velcro enclosure Direct $36.00 Vision Pants Purchase • 7 mil thick waterproof, breathable Only fabric with seams stitched and taped sealed ANSI/ISEA 107 Class 3 compliant • Elastic waist with adjustable drawcord and side openings with s, flap enclosures • Velcro take-up straps on the ankles for adjustable fit 2-inch silver reflective tape for 360 degree visibility Page 7 of 10 47 Exhibit A - CALL FOR PROPOSAL picture Description Rental Purchase Cost* Price Direct $133.00 r Purchase ,_ Rain Jacket Only Level 2 waterproof, 600 denier, ' 100% polyester shell and fully taped seams ' • ANSI Class 3 �. Removable three piece hood with adjustable drawcord 3M Scotchlite reflective material Direct $100.00 Rain Pants Purchase Only Level 2 waterproof 600 denier, 100% polyester shell • ANSI Class 3 W, i� Direct $156.00 Rain Jacket Purchase Only „ 100% waterproof e .16 mm polyurethane-coated knit polyester Class 3 • Stow away hood Adjustable cuffs Waist drawcords s 2-inch wide 3M Scotchlite reflective tape around chest and gi arms 360 degree visibility Page 8 of 10 48 Exhibit A - CALL FOR PROPOSAL Picture Description Rental Purchase Cost* Price Direct $53.00 Rain Bibs Purchase • 100% waterproof Only • .16 mm polyurethane-coated knit polyester • Class 3 • 19-inch leg openings with adjustable snap fastener at the ankle • 2-inch wide 3M Scotchlite reflective tape around chest and legs • 360 degree visibility i Direct $16.00 Rain Pants Purchase Only • 100% waterproof • .16 mm polyurethane-coated knit polyester • Class 3 19-inch leg openings with adjustable snap fastener at the ankle • 2-inch wide 3M Scotchlite reflective tape around lower legs • 360 degree visibility , f Launder/Wash -Cost per item • City owned garments $2.00 per • Contaminated garments Garment Additional Costs? • Weekly Service Charges? -$4.00 • Rentals - Name/Company Emblem -$1.78/$2.36 • Purchase- City Logo -$3.00 « Make Up/Prep Charge -$3.65 *Rental Cost of uniforms are weekly and are to include laundry service Page 9 of 10 49 Exhibit A - CALL FOR PROPOSAL Picture Description Rental Purchase Cost* Price E Linen Descri)tip on�y Current Quantities Unit Cost(ftetity) Unit Cost Shop Towels 820 $.05 $.41 Fender Covers 8 $.45 $6.00 Glass Towels 20 $.14 $2.26 Terry Towels 600 $.15 $2.26 Bath Towels 160 $.30 $8.00 24" Dust Mop 11 $.90 $7.20 3 6'Dust Mop 7 $1.01 $9.00 48"Dust Mop 8 $1.24 $10.80 60"Dust Mop w_...��__-.-_ 0 $1.50 $14.40 Wet Mop 5 $1.25 $10.80 3'x 5'Rubber Outdoor Scraper Mat 24 $1.70 $40.50 3'x 5' Spring Step Mat 0 $1.25 $65.00 3'x 4'Entry Mat 18 $1.42 $40.50 4'x 6'Entry Mat 18 $2.55 $63.00 3'x 10' Entry Mat 8 $3.21 $81.00 3'x 4' Entry Mat (Heavy-duty, 5 $3.42 $91.00 absorbent and fast-d in ) 4' x 6' Entry Mat (Heavy-duty, 7 $4.55 $117.00 absorbent and fast-dryingL_ 3'x 10'Entry Mat (Heavy-duty, 7 $5.21 $153.00 absorbent and fast-d ipg) *Rental Cost of towels,covers and mops to include laundry service The respondent hereby warrants that their proposal is genuine and that it is not the result of collusion with other respondent(s)or any other person(s). Signature Name Printed Sy Ru.rcq /UAA Title Date Page 10 of 10 50 O L, O 0 0 0 0 0 0 0 o O CD ,n 0 LO LO � o u7 uo LI) o (�o d c0 u7 d) CV Co co N ti r- CV "I- r-- Ef} ff} 63Ef} 6`� 6� 646469 M V C 0 0 0 0 0 0 0 0 N v O o o o o o o 0 0 0 0 00 — N CO M `t 03 N M _ GP� Efl 6'3 69 6q Ga O v � _ L O 0 o 0 0 0 0 0 c) 0 0 m a E 66 u� �t , c- r` co L_ CO M CO N d M m N M r 69. 69 cr} 63 63 GG 69 63 N � � � O N C0000000000 0000000000o co O E r__ c\i ti co m oo 0) oo N 6-.� 636� ;za6-} 6. 646969 6p} U L 0 C o a r C o od O o 0 0 0 0 (n 0 V M W L6 O M CO- �- O �- CO CO M N' u7 M 6961� Et} 63U3- bg6l} 60- Ef} ea (6 1 � r` U c- � 0000000000 o 0 0 0 0 0 0 0 0 0 0 0 � E �- cc " O � N l.n LO cyi N U NQ tM^ apt ,Iq 'N^ �V) '= `= m Lc�t O 64 60- 6'7 Cf} V7 bs v7 vl L-- 1 CD o q� LO E m ti cO M T- 0 0 0 O 1` �O o 0 to W Iq � M Iq f-- ti � O Z EXHIBIT C CINTAS Exhibit A - CALL FOR PROPOSAL Picture Description Rental Purchase Cost* Price 'z Work Pants $. 19 $15.00 8.25 oz. twill • 65% polyester/35% combed cotton pants • Heavy duty brass ratcheting zipper • Sizes and styles for both men and women should be available • Regular cut with slashed pocket, a western jean cut, and double pleated slacks • Color: Navy ., 945 NO LONGER AVAILABLE NA NA !Carhartt Pants- Double Front! DISCONTINUED • 12-ounce, 100% ring-spun cotton duck with piled yarns for added durability • Chap-style double front with cleanout bottom • Multiple tool and utility pockets, and a hammer loop • 19-inch leg opening easily fits over work boot • Carhartt Carhartt Pants - Dungaree $.49 $40.00 • 383 The Work Dungaree Sits slightly below the natural waist and is full through the seat and thighs, giving more room to work comfortably. • Built tough with multiple tool pockets and two reinforced back pockets. • 19" leg opening accommodates work boots. - 383 Page 1 of 9 52 CINTAS Exhibit A - CALL FOR PROPOSAL Picture Description Rental Purchase Cost* Price Carhartt Men's Firm Duck Double-Front Work Dungaree Pant Current pant at Sewer 625701jIMIJINIMM Replacement per Carhartt is 19002 See Below Carhartt Men's Ripstop Cargo Work $1.03 $46.76 Pant • 100%Cotton • Imported • Machine Wash • Sits at the waist • Relaxed seat and thigh • Cordura-lined front ledge pockets • Cordura-lined back pockets Item 19002- Replacement pants for 62570, 62570 not available for future rental per Carhartt _ Coveralls $.54 $52.00 s= r • 10 oz., 100% cotton fisher stripe • Concealed zipper • Front closure s 910 Page 2 of 9 53 CINTAS Exhibit A - CALL FOR PROPOSAL Picture Description Rental Purchase Cost* Price Industrial Shirts '16 15.00 +. . - � a 65% polyesterJ35%combed cotton tp- Double chest pocket Sewn in stay collars Long sleeve and short sleeve lengths � ' - Sizes S-6XL, for both men and women Colors: Navy City of Kent logo required White silkscreen or embroidery Left chest 935 I Denim Shirt $.25 $27.00 • 100%cotton denim shirt • Long oversized cut with a fully constructed button-down collar • Two-button cuffs and sleeve • Button-through chest pocket • Color: Faded Denim • Sizes: S-6XL • City of Kent logo required White silkscreen or embroidery Left chest 65415 Polo Shirt $.27 $21.00 • Fade resistant, shrink resistant and wrinkle resistant. • Three-button placket, rib knit cuffs, chest pocket. • 100% polyester • Sizes XS-4XL 259 Page 3 of 9 54 CINTAS Exhibit A - CALL FOR PROPOSAL Picture Description Rental Purchase Cost* Price High-Image Jacket $1.45 $41.00 Inside storm flap to keep the breeze out • 65% polyester/35% cotton twill 366 Direct $90.00 Parka Purchase • Insulated, water resistant shell Only $6.00 • Two way zipper per • Insulated collar with roll-away Embroidery hood for this • Fleece inner jacket zips in for extra item, Due warmth or worn separately to 2 Pieces • Chest and side pockets • Color: Navy Sizes: S-6XL • City of Kent logo required White silkscreen or embroidery Left chest 80768-BLUE(outer) &80769(inner) Direct $63.00 Carhartt Detroit Jacket 103828 Purchase (formerly 3001) Only • 12 ounce, 100%ring-spun cotton duck a Updated blanket lining in body Quilted nylon lining in sleeves Corduroy-trimmed collar with under collar snaps for optional hood • Left-chest pocket with zipper closure • Two inside pockets Two lower front pockets Snap adjustable cuffs and waist • Pleated bi-swing back enhances movement Triple-stitched main seams • Back length: Large Regular: 29 inches Color: Carhartt Brown Sizes:Small Regular-5XL Regular Medium Tall-4XL Tall Options for larger sizes And women's option of this jacket Page 4 of 9 55 CINTAS Exhibit A - CALL FOR PROPOSAL Picture Description Rental Purchase Cost* Price Item#7131 Direct $71.00 Purchase DUCK THERMAL-LINED Only AkAnf ACTIVE JAC larger.'- up t : a�.;. Carhartt Chore Coat 103825 N/A N/A #, (formerly C001) NO LONGER AVAILABLE • 12 ounce,firm-hand duck, 100%ring-spun cotton duck • Updated blanket lining in body • Quilted lining in sleeves • Corduroy-trimmed collar with under collar ". snaps • Two rivet-reinforced chest pockets • Two Inside pockets • Two rivet-reinforced lower front pockets lined with a brushed tricot lining • Updated cuff opening • Triple-stitched main seams • Back length: Large Regular: 31 1/4 inches Color:Carhartt Brown Sizes:Small Regular-5XL Regular Large Tall-3XL Tall Captions for larger sizes Page 5 of 9 56 CINTAS Exhibit A - CALL FOR PROPOSAL Picture Description Rental Purchase Cost* Price Direct $95.00 W3130 W Sandstone Active Jac Purchase AVAILABLE IN DARK BROWN ONLY Only 12-ounce, 100% cotton sandstone duck Flannel- lined body for comfort. Quilted nylon sleeve lining for warmth and easy on-and-off. Quilted flannel-lined hood for warmth. Carhartt-strong, triple-stitched main seams. Rib-knit cuffs and waist help keep out the cold. Two inner zip pockets. Model height: 5'8"; Wearing size S Sizes: XS-2XL i Ike Jacket $.88 $33.00 Short-waisted, 65/35 poly/cotton twill jacket • Quilted nylon liner ideal for all climates. Adjustable waist, single- button • Adjustable cuff and two large button-down patch pockets. • Sizes: S-6XL • City of Kent logo required White silkscreen or embroidery Left chest 970 Jacket-Lined $.42 $42.00 • 7.25 oz. twill, 65% polyester/35% combed cotton • Pre-cure durable press • Light soil wash • Solid brass zipper • Collar and waistband is 100% polyester 1x1 rib knit • Mid length • Welted slash pockets and utility pocket on left sleeve • Permanently lined, black 100% nylon taffeta quilted to a 3.3oz. 1/8"polyurethane foam • Colors: Navy • City of Kent logo required White silkscreen or embroidery Left chest • Sizes: S-6XL 677 Page 6 of 9 57 CINTAS Exhibit A - CALL FOR PROPOSAL Picture Description Rental Purchase Cost* Price Vision Rain Jacket Direct • 7 mil thick waterproof, breathable Purchase $66.00 fabric with seams stitched and Only [ L taped sealed • ANSI/ISEA 107 Class 3 compliant • Full cut shoulder with 90 degree 14 sleeve to body angle for maximum freedom of movement �_. Velcro take-up straps on the . sleeves for adjustable fit • 2-inch silver reflective tape for 360 degree visibility Roll-a-way hood Item 323122 Tingley Vision Overall Direct 7 mil thick waterproof, breathable Purchase $60.00 fabric with seams stitched and Only taped sealed • ANSI/ISEA 107 Class 3 compliant • Suspenders shall be equipped with quick release buckles and crossover Velcro take-up straps on the ankles for adjustable fit r, • 2-inch silver reflective tape for 360 degree visibility • Easy access cargo pocket with velcro enclosure Item 023122 Tingley Direct Vision Pants Purchase $36.00 • 7 mil thick waterproof, breathable Only fabric with seams stitched and taped sealed • ANSI/ISEA 107 Class 3 compliant • Elastic waist with adjustable drawcord and side openings with flap enclosures Velcro take-up straps on the ankles for adjustable fit • 2-inch silver reflective tape for 360 degree visibility Item P23122 Tingley Page 7 of 9 58 CINTAS Exhibit A - CALL FOR PROPOSAL Picture Description Rental Purchase Cost* Price Direct $133.00 Purchase Rain Jacket Only Level 2 waterproof, 600 denier, 100% polyester shell and fully taped seams ANSI Class 3 Removable three piece hood with M adjustable drawcord 3M Scotchlite reflective material g Item 100499 Carhartt `.i Rain Pants Direct $100.00 Purchase • Level 2 waterproof Only • 600 denier, 100% polyester shell • ANSI Class 3 Item 103208 Carhartt Launder/Wash -Cost per item • City owned garments $2.00 per • Contaminated garments Garment Additional Costs? • Weekly Service Charges? -$4.00 • Rentals - Name/Company Emblem -$1 78/$2.36 • Purchase-City Logo • Make Up/Prep Charge -$3.00 -$3.65 *Rental Cost of uniforms are weekly and are to include laundry service Page 8 of 9 59 CINTAS Exhibit A - CALL FOR PROPOSAL Picture Description Rental Purchase Cost* Price Linen Description Current Quantities Unit Cost(Weekly) Unit Cost Shop Towels-Item#2163 820 $.05 $.41 Fender Covers-Item#2195 8 $.45 $6.00 Glass Towels-Item#2921 20 $.14 $2.26 Terry Towels-Item#2697 600 $.15 $2.26 Bath Towels-Item#2719 160 $.30 $8.00 24"Dust Mop-Item,#2570 11 $.90 $7.20 36"Dust Mop-ltem#2560 7 $1.01 $9.00 48"Dust Mop-Item#2604 8 $1.24 $10.80 60"Dust Mop-Item#2610 0 $1.50 $14.40 Wet Mop-Itcm#2650 5 $1.25 $10.80 3' x 5'Rubber Outdoor Scraper Mat-2477 24 $1.70 $40.50 3'x 5' Spring Step Mat-Item#]802 0 $1.25 $65.00 3'x 4' Entry Mat-Item#84230 18 $1.42 $40.50 4'x 6' Entry Mat-Item#84430 18 $2.55 $63.00 3' x 10'Entry Mat-Item#84030 8 $3.21 $81.00 3' x 4' Entry Mat (Heavy-duty,absorbent and 5 $3.42 $91.00 fast-d in )-Item#10189 4'x 6' Entry Mat (Heavy-duty,absorbent and 7 $4.55 $117.00 fast-drying)-Item#10192 3'x ]0' Entry Mat (Heavy-duty,absorbent and 7 $5.21 $153.00 fast-dr in -Item# 10202 *Rental Cost of towels,covers and mops to include laundry service The respondent hereby warrants that their proposal is genuine and that it is not the result of collusion with other respondent(s)or an other person(s). FJ �'_k /2.ZS SQL eCit Signature Name Printed G Title Date Page 9 of 9 60 EXHIBIT D F77`,m­ ."M/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCEz 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 T certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT N NAME: Aon Risk Services Northeast, Inc. C/o Aon Client Services (A/c No.Ext): (866) 283-7122 F�No : (800) 363-0105 `w B 4 Overlook Point E-MAIL � Lincolnshire IL 60069 USA ADDRESS: _ INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: The Travelers Indemnity Co Of CT 25682 Cintas Corporation and its Subsidiaries INSURER B: Travelers Property Cas Co of America 25674 6800 Cintas Blvd PO Box 625737 INSURER C: Westchester Fire Insurance Company 10030 Cincinnati OH 45262 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570079259100 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER ID MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY HC EGLSA M TCTffi EACH OCCURRENCE $2,000,000 CLAIMS-MADE ❑X OCCUR DAMAGE TO RENTED $1,000,000 PREMISES Ea occurrence X Contractual Liability MED EXP(Any one person) $5,000 PERSONAL INJURY $1,000,000 0 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $2,000,006 m PRO- POLICY JECT X LOC PRODUCTS-COMP/OP AGG $1,000,000 OTHER' o 0 r A AUTOMOBILE LIABILITY HC2E-CAP-472M4651-TCT-19 07/01/2019 07/01/2020 COMBINED SINGLE LIMIT $5,000,000 N ADS Ea accident X ANYAUTO BODILY INJURY(Per person) Z OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) N HIREDAUTOS NON-OWNED PROPERTY DAMAGE t6 ONLY AUTOS ONLY Per accident U X Comp/Coll$0 Ded, N C X UMBRELLALIAS X OCCUR G22035277014 07/01/2019 07/01/2020 EACH OCCURRENCE $5,000,000 O EXCESS LIAB CLAIMS-MADE AGGREGATE S5,000,000 DED X RETENTION$10,000 B WORKERS COMPENSATION AND HC2JUB472M470619 07/01/2019 07/01/2020 X PER OTH- EMPLOYERS'LIABILITY Y/N WC-AOS STATUTE ER ANY PROPRIETOR I PARTNER/EXECUTIVE E.L.EACH ACCIDENT $2,OOO,OOO B OFFICER/MEMBER EXCLUDED? N/A HRJUB472M469919 07/01/2019 07/01/2020 (Mandatory in NH) WC - MA, WI E.L.DISEASE-EA EMPLOYEE S2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000- DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Kent is included as Additional Insured on the General Liability policy, but only with respect to work performed under contract between the Certificate Holder and the Insured. i 1- CERTIFICATE HOLDER CANCELLATION W SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ,y City Of Kent AUTHORIZED REPRESENTATIVE ".A Financial Reporting Division Finance Department �- p Ken 4WA Ave. S. �Gf2t D 1l .A J. Kent WA 98032 USA ��.py,, �/j' ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 61 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: HC2E-GLSA-472M4731-TCT-19 ISSUE DATE: 06-27-19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Includes Products-Completed Operations If Required By Contract) — CINTAS CORPORATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS The following is added to SECTION II—WHO IS AN INSURED: Any person or organization that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part and that has not been added as an insured by attachment of another endorsement under this Coverage Part which includes such person or organization in the endorsement's schedule, is an insured, but only: a. With respect to liability for "bodily injury" or "property damage" that occurs, or for "personal and advertising injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement and while that part of the contract or agreement is in effect; and b. If coverage for such injury or damage is required by the written contract or agreement and is in fact caused by your negligence or the negligence of those acting on your behalf in the performance of "your work" in connection with services provided to such person or organization to which the written contract or agreement applies. Such person or organization does not qualify as an insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such person or organization is subject to the following provisions: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits required by the written contract or agreement, the insurance provided to such person or organization will be limited to such minimum required limits. For the purposes of determining whether this limitation applies, the minimum limits required by the written contract or agreement will be considered to include the minimum limits of any Umbrella or Excess liability coverage required for such person or organization by that written contract or agreement. This will not increase the limits of insurance described in Section III— Limits Of Insurance. b. The insurance provided to such person or organization does not apply to: (1) Any"bodily injury", "property damage"or any"personal and advertising injury"arising out of the providing, or failure to provide, any professional architectural, engineering or surveying services, or supervision of such services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (2) Any"bodily injury"or"property damage" caused by"your work" and included in the "products-completed operations hazard" unless the written contract or agreement specifically requires you to provide such coverage for that person or organization during the policy period. c. As stated in Paragraph 4.b.(1)(b)of Other Insurance,of Section IV—Commercial General Liability Conditions, this insurance is excess over any of the other insurance, whether primary, excess,contingent or on any other basis, that is available to the insured when the insured is an additional insured, or is any other insured that does not qualify as a named insured, under such other insurance. d. As stated in Paragraph 4.d. Primary And Non-Contributory Insurance If Required By Written Contract, Other Insurance, of Section IV—Commercial General Liability Conditions, if you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or"property damage"for which coverage is sought occurs; and 62 CG T8 141 ©2019 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 COMMERCIAL GENERAL LIABILITY (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. e. If a written contract or agreement specifically requires that this insurance include a provision in which the insurer waives any right of recovery against such person or organization because of payments made under the insurance provided to such person or organization, then we will waive such right of recovery. f. Such person or organization must comply with the following duties: (1) Give us written notice as soon as practicable of an'occurrence"or an offense which may result in a claim. To the extent possible, such notice should include: (a) How, when and where the 'occurrence"or offense took place; (b) The names and addresses of any injured persons and witnesses; and (c) The nature and location of any injury or damage arising out of the 'occurrence"or offense. (2) If a claim is made or "suit" is brought against such person or organization, that person or organization must: (a) Immediately record the specifics of the claim or"suit'and the date received; and (b) Notify us as soon as practicable and see to it that we receive written notice of the claim or "suit' as soon as practicable. (3) Immediately send us copies of all legal papers received in connection with the claim or "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions. (4) Tender the defense and indemnity of any claim or "suit' to any provider of other insurance which would cover such person or organization for a loss we cover. However, this condition does not affect whether the insurance provided to such person or organization is primary to other insurance available to such person or organization which covers that person or organization as a named insured as described in Paragraph 4. Other Insurance, of Section IV—Commercial General Liability Conditions. CG T8 141 0 2019 The Travelers Indemnity Company. All rights reserved. Page�3bf 2