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CAG2020-287 - Original - Fieldturf USA, Inc. - Wilson Playfields 1 & 2 Maintenance - 09/03/2020
ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Mayor Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingDate Received by City Attorney: Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* *If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No 'LU$VVW 6XS0JU 'LU'HS SFW '03$*5:0',&/50''*$*"-64&0/-: Jan Applegate ✔ ✔ 15106404.64190.5132 860W N/A FieldTurf USA, Inc.Contract 1352667 Original Wilson Playfields 1 & 2 2020-2022 Maintenance Agreement Two year agreement for site visits to Wilson Playfields 1and 2 $ 23,320.00 Other 08/31/2022 ✔ ✔ 08/27/2020 09/01/2020 n/a 09/08/2020 Parks, Recreation & Community Services GSL GOODS & SERVICES AGREEMENT - 1 (Over $20,000, including WSST) GOODS & SERVICES AGREEMENT between the City of Kent and FieldTurf USA, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and FieldTurf USA, Inc. organized under the laws of the State of Florida, located and doing business at 7445 Cote-de-Liesse Road, Suite 200, Montreal, Quebec H4T 1G2, Canada. Phone: (800) 724-2969 or (514) 340-9311; Fax: (514) 340-9374 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. The Vendor shall provide the following goods and materials and/or perform the following services for the City: Two (2) year Agreement for four (4) site visits (Two (2) site visits in 2020 and two (2) site visits in 2021) to Wilson Playfields 1 and 2, located at 13028 S.E. 251st Street, Kent WA 98031 as described in Program 1 in the attached maintenance proposal dated April 7, 2020, marked and attached as Exhibit A. Annual cost of the service is $11,660.00. The 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, the Vendor shall complete the work and provide all goods, materials, and services within two (2) years from the date of this contract . III. COMPENSATION. The City shall pay the Vendor an amount not to exceed TWENTY THREE THOUSAND THREE HUNDRED TWENTY DOLLARS AND NO CENTS ($23,320.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. This Agreement will be amended to adjust this compensation amount by any change that may occur to the sales tax rate during the term of this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS & SERVICES AGREEMENT - 2 (Over $20,000, including WSST) Vendor shall submit invoices to the City of Kent via email to AccountsPayable@KentWA.gov upon completion of each site visit as described in I. Description of Work. Card Payment Program. The Vendor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. If the City objects to all or any portion of an invoice, it shall notify the 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 the Vendor for any defective or unauthorized goods, materials or services. If the 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 the 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 the 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 the 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 the Vendor’s GOODS & SERVICES AGREEMENT - 3 (Over $20,000, including WSST) 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, the Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar days of the date the 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 VIII, 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 the 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.FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Vendor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the GOODS & SERVICES AGREEMENT - 4 (Over $20,000, including WSST) project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. VIII.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. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX.LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE GOODS & SERVICES AGREEMENT - 5 (Over $20,000, including WSST) CONTRACT WORK IS COMPLETE OR VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. The 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. The 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 the Vendor’s representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have known of the defect, or (2) upon the Vendor’s receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. The 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 sole negligence or omission. The City's inspection or acceptance of any of the 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 the 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 the Vendor shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Vendor’s part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the GOODS & SERVICES AGREEMENT - 6 (Over $20,000, including WSST) performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the 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 the 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 GOODS & SERVICES AGREEMENT - 7 (Over $20,000, including WSST) 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: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: VENDOR: Shannon Darlow, Customer Service Coordinator FieldTurf USA, Inc. 7445 Cote-de-Liesse Road, Suite 200 Montreal, Quebec H4T 1G2 Canada (514) 375-2709 or (800) 724-2969 (telephone) (541) 633-2709 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Brian Saw, Parks Operations East Supervisor City of Kent 220 Fourth Avenue South Kent, WA 98032 (253)740-7083 (telephone) (253)630-0670 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk R: (sigggggggggnnnnnnnnanture)Darren Gill Senior VP Marketing and Innovation 8/27/20 09/03/2020 EEO COMPLIANCE DOCUMENTS - 1 of 3 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: __________________________________________ Title: _________________________________________ Date: _________________________________________ _______________________________________________________ FieldTurf USA, Inc. Senior VP of Marketing and Innovation 8/27/20 EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 3 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ &9)*#*5" THEULTIMATE OFieldTurf SURFACE EXPERIENCE A Tarkett Sports Company Includes: -Two (2) Advanced Care Visits (2 per field) -Pre and Post Field Inspection with written Field Maintenance Summary -Minor Seam and Inlay Repairs, not to exceed eight (8) repairs up to fifteen (15) linear SgFt -Field Magnet Sweep 2-The price offered is the following PROGRAM 1: PROGRAM 2: TOTAL_ COST PROGRAM 1: TOTAL COST PROGRAM 2: $21, 200.00 $31, 8Dq.Ua The price is subject to an increase without notice in the event that there is an increase in raw materials, Freight, or direct expenses in maintaining the grass surface. The Price is valid for a period of sixty (60) days. 3- Notwithstanding any other document or agreement entered into by FielclTurf in connection with the supply and installation only of its product pursuant to the present proposal, the following shall apply: a) This bid proposal and its acceptance is subject to strikes, accidents, delays beyond our control and force majeure; b) Payment shall be due within thirty (30) days of completion of each scheduled maintenance visit; c) Unless otherwise agreed upon and noted herein, the maintenance visit shall be performed as scheduled by the parties on an agreed -upon date; d] FieldTurf requires suitable access to all fields proposed herein. The suitable access area must be at least five (5) feet wide and comprised of a hard, stable or paved surface. To the extent suitable access is not provided, additional costs may apply and service delays may occur. Additionally, FieldTurf will not be responsible for damage to any access or surrounding area due to unsuitable conditions. e) Accounts overdue beyond 30 days of billing will be charged at an interest rate of 1.5% per month (19.56% per annum); f) This proposal is based on a single mobilization. If the site is not ready and additional mobilizations are necessary additional charges will apply; gj The proposed price does not include any applicable sales or use taxes; and h) In the event that FieldTurf is ultimately obliged to take collection procedures for payment, acceptor of this bid shall be liable for FieldTurf's collection costs including attorney fees and costs. FieldTurf USA, Inc. Per. aa�rao�r 19a,-how Shannon Darlow, Customer Service Coordinator P: 514-375.2709 E. shannon.dariow@fietdturf.com READ, AGREED, AND ACCEPTED BY ADDRESSEE Signature: Print Name: Date: PO #: Program Selection: For FieldTurf to schedule and execute above services, a signed agreement and/or P10 from the customer must be sent to FieldTurf directly. RETURN SIGNED AGREEMENT AND/OR PO TO: FieldTurf USA, Inc. Fax: 541.633.2709 Email: shannon.dariowCafiedturf.corn PO/Agreement can be mailed, emailed and/or faxed All payments should be mailed to: FieldTurf Tarkett 7445 Cote-de-Liesse Road Suite 200 Montreal, Quebec H4T 1G2 F1eldTur1 USA, Inc. 7445 C6te-de-Gesse Rd., Suite 266 Montreal, Qu2bec H4T 1G2 Canada Toll Free: 1.800-724.2969 Tel.: (514) 340-9311 Fax: (514) 340-9374 Webs ite: httpJIwww.fieldturttarkett.cam EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, Insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an Additional Insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers` _Q=p_ nsation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability_ insurance shall be written with Limits no less than $'2,000,000 each occurrence, 2,000,000 general aggregate and a $2,000,000 products -completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance; 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mall, return receipt requested, has been given. to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance, The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as Insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Willis Towers Watson Northeast, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA Fieldturf USA, Inc. c/o Sports Division Tarkett Inc. 7445 Cote-de-Liesse Road, Suite 200 Montreal, QC H4T 1G2 CAN This Voids and Replaces Previously Issued Certificate Dated 05/21/2020 WITH ID: W16495498. Project: Wilson Playfields Maintenance. WC Policies: Policy # TC2HUB-823K310-6-19 - covers all other states. City of Kent 220 4th Ave. S Kent, WA 98032 07/21/2020 1-877-945-7378 1-888-467-2378 certificates@willis.com XL Insurance America Inc 24554 Travelers Property Casualty Company of Ame Travelers Indemnity Company of America 25674 25666 Charter Oak Fire Insurance Company 25615 W17313981 A 1,000,000 500,000 10,000 1,000,000 2,000,000 2,000,000 Y US00010327LI20A 05/01/2020 05/01/2021 B 2,000,000 09/28/202009/28/2019 Comp Ded $1000 Coll Ded $1000 Y TJCAP-823K312A-TIL-19 A 5,000,000 10,000 US00010615LI20A 05/01/2020 05/01/2021 5,000,000 TC2HUB-823K310-6-19 C 1,000,000No09/28/2019 09/28/2020 1,000,000 1,000,000 D Workers Compensation & Employer's Liability E.L. Each AccidentTROUB-823K311-8-19 09/28/2019 09/28/2020 E.L. Disease-Pol Lmt Work Comp - Per Statute E.L. Disease-Each Emp 175407319889667SR ID:BATCH: $1,000,000 $1,000,000 $1,000,000 Willis Towers Watson Certificate Center Page 1 of 2 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Fieldturf USA, Inc. c/o Sports Division Tarkett Inc. 7445 Cote-de-Liesse Road, Suite 200 Montreal, QC H4T 1G2 CAN Policy # TROUB-823K311-8-19 - covers AZ, MA, OR, WI only. The City of Kent is included as Additional Insured on the General Liability and Automobile Liability policy, as respects to the liability arising out of ongoing and completed operations performed on the project specified in the construction contract for the period of time required within the contract. It is further agreed that such insurance as is afforded shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by the Additional Insured, where required by written contract executed prior to loss and permitted by law. 22 Willis Towers Watson Northeast, Inc. See Page 1 See Page 1 See Page 1 See Page 1 25 Certificate of Liability Insurance W17313981CERT:1754073BATCH:19889667SR ID: CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization that you are required in a written contract or written agreement to include as an additional insured provided the “Bodily Injury” or “Property Damage” occurs subsequent to the execution of the written contract or written agreement. As required per written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.T he acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.T he insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. W ith respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: POLICY NUMBER: US00010327LI20A Effective: 05/01/20-21 Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization that you are required in a written contract or written agreement to include as an additional insured provided the “Bodily Injury” or “Property Damage” occurs subsequent to the execution of the written contract or written agreement. As required per written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.T he insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. POLICY NUMBER: US00010327LI20A Effective: 05/01/20-21 Page 2 of 2 © ISO Properties, Inc., 2004 CG 20 37 04 13 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. IXI 405 0910 08/01/18 sg © 2010 X.L. America, Inc. All Rights Reserved. May not be copied without permission. Name of Person(s) or Entity(ies) Mailing Address: Number of Days Advanced Notice of Cancellation: As required by a written contract or written agreement. All certificate holders on file with the Insured. 30 All other 10 for nonpayment All other terms and conditions of the Policy remain unchanged. schedule shown below: advanced written notice will be mailed or delivered to person(s) or entity(ies) according to the notification In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. issued to Tarkett Enterprises, Inc. by XL Insurance America, Inc. This endorsement, effective 12:01 a.m., May 01, 2020 forms a part of Policy No. US00010327LI20A ENDORSEMENT Policy #TJCAP-823K312A-TIL-19 Effective: 09/28/2019- 09/28/2020 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED- PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A.1.c., Who Is An Insured, of SECTION II - COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II. 2. The following is added to Paragraph B.5., Other Insurance of SECTION IV - BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an addi- tional insured person or organization is the first named insured when the written contract or agreement between you and that person or or- ganization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy pe- riod, requires this insurance to be primary and non-contributory. CA T4 74 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 ! ""#$ % & ' !"# $#%% !" $ & # " " ( ( "( )!* + #"" " # ( , " )! " ) ( ) ( # "" # "" " )! ) " )!, # #"" " "" ! "" * $ - # " ' () (* ++. /011 !" ( (* "" $ !* $ 1 1 !" " # $"%&""' & #%&"( # !! ! & # !!) ( *)" !& + '," "# $"( " * !" % " * -% " ( %" !! ! &. '/ (" # $"! 0&) ) ! )! 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TRAVELERSJ 21(72:(5648$5(+$57)25'&7 Name and Address of Designated Persons or Organizations: Number of 'D\V1RWLFH 32/,&< 180%(5 (TC2HUB-823K310-6-19) (1'256(0(17 :& 5 (03/2<(56 /,$%,/,7< 32/,&< $1' :25.(56 &203(16$7,21 7KH 7UDYHOHUV ,QGHPQLW\&RPSDQ\$OO ULJKWV UHVHUYHG '$7( 2) ,668( 67$66,*1 3DJHRI ...... TRAVELERSJ 21(72:(5648$5( +$57)25'&7 Name and Address of Designated Persons or Organizations: 1XPEHURI 'D\V1RWLFH $OORWKHUWHUPV DQGFRQGLWLRQV RIWKLVSROLF\UHPDLQXQFKDQJHG 7KLVHQGRUVHPHQWFKDQJHVWKH SROLF\WRZKLFKLWLVDWWDFOOHGDQGLVHIIHFWLYHRQWKHGDWHLVVXHGXQOHVVRWKHUZLVH VWDWHG (The information below is required only when this endorsement is issued subsequent to preparation of 3ROLF\1R(QGRUVHPHQW1R 3UHPLXP ,QVXUDQFH &RPSDQ\&RXQWHUVLJQHGE\ 32/,&< 180%(5 7&+8%. (1'256(0(17 :& 5 (03/2<(56 /,$%,/,7< 32/,&< $1' :25.(56 &203(16$7,21 7KH 7UDYHOHUV ,QGHPQLW\&RPSDQ\$OO ULJKWV UHVHUYHG '$7( 2) ,668( 67$66,*1 ,QVXUHG (QGRUVHPHQW (IIHFWLYH WKH SROLF\ ANDTRAVELERSJ WORKERS COMPENSATION ONE TOWER SQUARE HARTFORD, CT 06183 EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 0313 (00)-01 POLICY NUMBER:(TROUB-823K311-8-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE:09/28/19 ST ASSIGN: ..... TRAVELERSJ ONE TOWER SQUARE HARTFORD, CT 06183 WORKERS COMPENSATION AND EMPLOYERSLIABILITY POLICY ENDORSEMENT WC 00 03 13(00)-01 POLICY NUMBER:(TC2HUB-823K310-6-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE:09-28-19 ST ASSIGN: From:Fieldturf Support To:Applegate, Jan Subject:RE: Contract - Wilson Playfields Date:Thursday, July 02, 2020 2:10:09 PM EXTERNAL EMAIL Hello Jan, We should receive our Kent business license in 10-15 days but I do have the number of the license which is BLOC-2200498. Thank you! Shannon Darlow Regional Coordinator, Customer Service FieldTurf 7445 Cote-de-Liesse Road Suite 200 Montreal Quebec H4T 1G2 Canada Tel: +1 514 375 2709 Other: +1 877 725 8873 Fax: +1 514-340 9374 IM: shannon.darlow@tarkett.com Email: shannon.darlow@fieldturf.com CONFIDENTIALITY NOTICE: This e-mail message is intended only for the above-mentioned recipient(s). Its content is confidential. If you have received this e-mail by error, please notify us immediately and delete it without making a copy, nor disclosing its content, nor taking any action based thereon. Thank you. AVERTISSEMENT DE CONFIDENTIALITÉ: Le présent courriel est destiné uniquement au(x) destinataire(s) susmentionné(s). Son contenu est confidentiel. Si vous avez reçu ce courriel par erreur, veuillez nous en aviser immédiatement et l'effacer sans en tirer de copie, ni en dévoiler le contenu, ni prendre quelque mesure fondée sur celui-ci. Merci. http://www.tarkett.com/e-mail-disclaimer.htm From: Applegate, Jan [mailto:JApplegate@kentwa.gov] Sent: Thursday, June 18, 2020 11:47 AM To: Fieldturf Support <FieldturfSupport@fieldturf.com> Subject: RE: Contract - Wilson Playfields I will have to put it all together when I receive and submit the contract back to you for signing. Thanks, Jan Applegate, Operations Analyst Parks Maintenance | Parks, Recreation & Community Services 220 Fourth Avenue South, Kent, WA 98032 Phone 253-856-5122 Fax 253-856-6120 JApplegate@KentWA.gov CITY OF KENT, WASHINGTON KentWA.gov Facebook Twitter YouTube PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL From: Fieldturf Support [mailto:FieldturfSupport@fieldturf.com] Sent: Thursday, June 18, 2020 8:44 AM To: Applegate, Jan Subject: RE: Contract - Wilson Playfields EXTERNAL EMAIL Hi Jan, I am just waiting on the business license. Everything was submitted and accepted but they have not sent the license yet. As soon as that is received I will let you know ASAP and we will get this scheduled. Thank you so much, Shannon Darlow Regional Coordinator, Customer Service FieldTurf 7445 Cote-de-Liesse Road Suite 200 Montreal Quebec H4T 1G2 Canada Tel: +1 514 375 2709 Other: +1 877 725 8873 Fax: +1 514-340 9374 IM: shannon.darlow@tarkett.com Email: shannon.darlow@fieldturf.com CONFIDENTIALITY NOTICE: This e-mail message is intended only for the above-mentioned recipient(s). Its content is confidential. If you have received this e-mail by error, please notify us immediately and delete it without making a copy, nor disclosing its content, nor taking any action based thereon. Thank you. AVERTISSEMENT DE CONFIDENTIALITÉ: Le présent courriel est destiné uniquement au(x) destinataire(s) susmentionné(s). Son contenu est confidentiel. Si vous avez reçu ce courriel par erreur, veuillez nous en aviser immédiatement et l'effacer sans en tirer de copie, ni en dévoiler le contenu, ni prendre quelque mesure fondée sur celui-ci. Merci. http://www.tarkett.com/e-mail-disclaimer.htm From: Applegate, Jan [mailto:JApplegate@kentwa.gov] Sent: Tuesday, June 16, 2020 5:13 PM 2 KentWA.gov Facebook Twitter YouTube PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL From: White, Tammy Sent: Friday, August 21, 2020 8:22 PM To: Finn, Kelly <KFinn@kentwa.gov>; Applegate, Jan <JApplegate@kentwa.gov> Subject: FW: Wilson Contract Reply I missed this in my box on Wednesday. Looks like we’re good to go. Just leave their proposal as- is without alteration. I’m fine with this as the needed okay. Tammy White, Deputy City Attorney Civil Division | Office of the City Attorney 220 Fourth Avenue South, Kent, WA 98032 Direct Line 253-856-5774 | Fax 253-856-6770 twhite@KentWA.gov CITY OF KENT, WASHINGTON KentWA.gov Facebook Twitter YouTube PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL THIS MESSAGE IS PRIVATE AND PRIVILEGED. IF YOU ARE NOT THE PERSON MEANT TO RECEIVE THIS MESSAGE, PLEASE DELETE IT AND PLEASE DO NOT COPY OR SEND IT TO ANYONE ELSE. From: Makridis, Eleni <Eleni.Makridis@fieldturf.com> Sent: Wednesday, August 19, 2020 1:16 PM To: White, Tammy <TWhite@kentwa.gov> Cc: Darlow, Shannon <Shannon.Darlow@fieldturf.com>; Remy, Indina <Indina.Remy@tarkettsports.com>; Papazian, Christapor <Christapor.Papazian@tarkettsports.com>; Matteo, Ariana <Ariana.Matteo@fieldturf.com> Subject: RE: Wilson Contract Reply EXTERNAL EMAIL Hi Tammy, Thank you for the prompt response! Please see below: - As to your first request, contract authorization within our governmental organization is based on the total project cost, including sales tax. As a result that full amount must remain within the agreement and cannot be excluded. Confirmed with Chris. Ok to keep as is keeping in mind the possible change in percentage of the tax rates. - As to the second request, we will correct this typo. Thank you - As to the third request, the warranty language is standard practice and form in governmental contracting for the warranty to extend to any replacement parts, and I don’t see why this would be an issue for FieldTurf’s work. That said, I’m happy to discuss it with you to better understand FieldTurf’s concern and see if there is a way the language can be amended to address your concerns instead of a wholesale deletion. Ok to leave as is. - As to your final request, I’m happy to make that change if you would like. Yes, please do. - Finally, as to the conflicting terms in FieldTurf’s proposal, I believe they should be removed. However, if FieldTurf agrees the main contact terms control and its attached proposal is not a 3 waiver or alteration of those terms, then I would accept your written statement and can then advise staff to proceed, after making the other revisions consistent with this reply of mine. Approved to move forward with the formal Agreement without altering FieldTurf’s proposal. Kindly send over the revised contract at your earliest convenience and we will have it executed. Thank you for taking the time to speak to us on these items. Best, Eleni Eleni Makridis Paralegal Tarkett Sports 7445 Cote-de-Liesse Road Suite 200 Montreal Quebec H4T 1G2 Canada Tel: +1 438 469 1380 IM: eleni.makridis@tarkett.com Email: eleni.makridis@fieldturf.com CONFIDENTIALITY NOTICE: This e-mail message is intended only for the above-mentioned recipient(s). Its content is confidential. If you have received this e-mail by error, please notify us immediately and delete it without making a copy, nor disclosing its content, nor taking any action based thereon. Thank you. AVERTISSEMENT DE CONFIDENTIALITÉ: Le présent courriel est destiné uniquement au(x) destinataire(s) susmentionné(s). Son contenu est confidentiel. Si vous avez reçu ce courriel par erreur, veuillez nous en aviser immédiatement et l'effacer sans en tirer de copie, ni en dévoiler le contenu, ni prendre quelque mesure fondée sur celui-ci. Merci. http://www.tarkett.com/e-mail-disclaimer.htm From: White, Tammy [mailto:TWhite@kentwa.gov] Sent: Wednesday, August 19, 2020 4:05 PM To: Makridis, Eleni <Eleni.Makridis@fieldturf.com> Subject: RE: Wilson Contract Reply It would apply only to the products that FieldTurf installs which needs to be replaced during the warranty period. I’m not familiar with the particular products FieldTurf would install. Tammy White, Deputy City Attorney Civil Division | Office of the City Attorney 220 Fourth Avenue South, Kent, WA 98032 Direct Line 253-856-5774 | Fax 253-856-6770 twhite@KentWA.gov CITY OF KENT, WASHINGTON KentWA.gov Facebook Twitter YouTube PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL THIS MESSAGE IS PRIVATE AND PRIVILEGED. IF YOU ARE NOT THE PERSON MEANT TO RECEIVE THIS MESSAGE, PLEASE DELETE IT AND PLEASE DO NOT COPY OR SEND IT TO ANYONE ELSE. From: Makridis, Eleni <Eleni.Makridis@fieldturf.com> Sent: Wednesday, August 19, 2020 12:58 PM