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CAG2021-330 - Original - FieldTurf USA, Inc. - Hogan Park Field 1 Maintenance - 07/15/2021
CAG2021-330 GOODS & SERVICES AGREEMENT - 1 ($20,000 or Less, incl. 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: One (1) year Agreement for two (2) site visits to Field 1 - Hogan Park at Russell Road, located at 24400 Russell Road, Kent WA 98032 as described in Program 2 and Program 3 on the attached maintenance proposal dated May 25, 2021, marked and attached as Exhibit A. The 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 by August 31, 2022 . III. COMPENSATION. The City shall pay the Vendor an amount not to exceed SEVEN THOUSAND NINE HUNDRED TEN DOLLARS AND SIXTY NINE CENTS ($7,910.69), 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: 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. GOODS & SERVICES AGREEMENT - 2 ($20,000 or Less, including WSST) 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. 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 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 d 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 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. GOODS & SERVICES AGREEMENT - 3 ($20,000 or Less, including WSST) 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, 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 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 GOODS & SERVICES AGREEMENT - 4 ($20,000 or Less, including WSST) 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 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 promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have known of the defect, or (2) upon the GOODS & SERVICES AGREEMENT - 5 ($20,000 or Less, including WSST) 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 the Vendor ense, including all reasonable expert witness fees and reasonable 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 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 GOODS & SERVICES AGREEMENT - 6 ($20,000 or Less, including WSST) 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 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 Consultant 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 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 GOODS & SERVICES AGREEMENT - 7 ($20,000 or Less, including WSST) 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: Print Name: Its: DATE: CITY OF KENT: By: Print Name: Garin Lee Its: Parks Operations Superintendent DATE: NOTICES TO BE SENT TO: VENDOR: Chelsey Brooker, Regional Coordinator FieldTurf USA, Inc. 175 N. Industrial Blvd N.E. Calhoun, Georgia 30701 US (438) 469-13558 (telephone) (706) 625-6534 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Ben Levenhagen, Support Services Field Supervisor City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 508-9548 (cell) or (253) 856-5133 (telephone) (253) 856-6120 (facsimile) ATTEST: Kent City Clerk 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 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 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: ________________________________________ 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. 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 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: ________________________________________ FieldTurf USA, Inc. 7445 Côte-de-Liesse Rd., Suite 200 Montréal, Québec H4T 1G2 Canada To: Ben Levenhagen, May 25, 2021 Support Services Field Supervisor 220 Fourth Avenue South, Kent, WA 98032 253-856-5133 BLevenhagen@KentWA.gov Re: MAINTENANCE PROPOSAL FOR HOGAN PARK 1-FieldTurf offers to provide maintenance services for the following field(s): Field Name: Field 1- Hogan Park Size: 125,000 Install Date: 2018 The scope of services under this proposal shall consist of the following on each visit offered herein: ADVANCED CARE MAINTENANCE- SMG SportChamp maintenance sessions including: (a) a general sweeping to remove foreign objects such as dirt, leaves, bird droppings, gum and other debris that may collect on the field surface; and (b) a deep groom, sweep and rejuvenation to de-compact infill in an effort to maintain appropriate G- Max levels. This is a three step process: decompaction, brushing and infill cleaning with a vacuum rotary brush and fine groom with a power surface brush. STANDARD CARE- Comprehensive Grooming: Brushing, Raking and Sweeping of FieldTurf surface. Cleaning of surface field debris, light de-compaction of infill (based on fiber type, age, use and infill depth), field sweeping and magnet sweep, and add infill as needed to high traffic areas (do not exceed 250 lbs). Overall analysis and inspection of the field and its applicable systems, including infill depth and consistency, infill migration, field edging attachments, sewn and glued seams, line verification and field inserts (inlays). Up to eight (8) minor repairs (including sewing/adhesive failures, inlay separation, and general workmanship) to the FieldTurf surface, in the discretion of the FieldCare crew at time of visit. If necessary, additional repairs can be performed on a separate visit and at an additional cost, if applicable. Additionally, any additional warranty repairs discovered during the maintenance visit may need to be performed on a separate visit, to be scheduled on a mutually agreeable date, as the time set aside for the proposed services may not provide enough time to complete all required repairs discovered during the performance of the services. This offer does not include the repair of The price includes normal wear and tear; any major repairs or necessary maintenance as a result of damage due to abnormal wear and tear, abuse, vandalism, or neglect are subject to additional cost. Program 1- One (1) Year Agreement: One (1) site visit to the above-mentioned field Includes: -One (1) Advanced Care Visit -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 sqft -Field Magnet Sweep -Light Infill added to High Traffic Areas FieldTurf USA, Inc. 7445 Côte-de-Liesse Rd., Suite 200 Montréal, Québec H4T 1G2 Canada Program 2- One (1) Year Agreement: Two (2) site visits to the above-mentioned field Includes: -Two (2) Advanced Care Visits -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 sqft -Field Magnet Sweep 2-The price offered is the following: PROGRAM 1: TOTAL COST PROGRAM 1: $3,295.00 PROGRAM 2: TOTAL COST PROGRAM 2: $6,190.00 (3,095.00 per visit) PROGRAM 3: TOTAL COST PROGRAM 3: $995.00 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 FieldTurf in connection with the supply and installation only of its product pursuant to the present proposal, the following shall apply: a) This bid proposal and its acceptance is subject to strikes, accidents, delays beyond our control and force majeure; b) Payment shall be due within thirty (30) days of completion of each scheduled maintenance visit; c) Unless otherwise agreed upon and noted herein, the maintenance visit shall be performed as scheduled by the parties on an agreed-upon date; d) FieldTurf requires suitable access to all fields proposed herein. The suitable access area must be at least five (5) feet wide and comprised of a hard, stable or paved surface. To the extent suitable access is not provided, additional costs may apply and service delays may occur. Additionally, FieldTurf will not be responsible for damage to any access or surrounding area due to unsuitable conditions. e) Accounts overdue beyond 30 days of billing will be charged at an interest rate of 1.5% per month (19.56% per annum); f) This proposal is based on a single mobilization. If the site is not ready and additional mobilizations are necessary additional charges will apply; g) The proposed price does not include any applicable sales or use taxes; and h) In the event that FieldTurf is ultimately obliged to take collection procedures for payment, acceptor of this bid FieldTurf USA, Inc. 7445 Côte-de-Liesse Rd., Suite 200 Montréal, Québec H4T 1G2 Canada FieldTurf USA, Inc. Per: ____Chelsey Brooker _______ Chelsey Brooker, Regional Coordinator Chelsey Brooker Chelsey.brooker@fieldturf.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 PO from the customer must be sent To FieldTurf directly. RETURN SIGNED AGREEMENT AND/OR PO TO: FieldTurf USA, Inc. PO/Agreement can be mailed, emailed and/or faxed All payments should be mailed to: FieldTurf USA, Inc. 7445 Cote-de-Liesse Road Suite 200 Montreal, Quebec H4T 1G2 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' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. 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. N / A SUBR WVD ADDL INSD AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY (Mandatory in NH) 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 COMMERCIAL GENERAL LIABILITY 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 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 WC Policies: Policy # UB-8P793534-21-51-K - covers all other states. Policy # UB-8P760619-21-51-R - covers AZ, MA, OR, WI only. Project: Hogan Park Maintenance. City of Kent 220 Fourth Avenue South, Kent, WA 98032 06/15/2021 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 Travelers Indemnity Company 25658 W21259227 A 1,000,000 500,000 10,000 1,000,000 2,000,000 2,000,000 Y US00010327LI21A 05/01/2021 05/01/2022 B 3,000,000 05/01/202205/01/2021YTC2JCAP-823K312A A 1,000,000 10,000 US00010615LI21A 05/01/2021 05/01/2022 1,000,000 UB-8P793534-21-51-KC 1,000,000No05/01/2021 05/01/2022 1,000,000 1,000,000 D Workers Compensation & Employer's Liability E.L. Each AccidentUB-8P760619-21-51-R 05/01/2021 05/01/2022 E.L. Disease-Pol Lmt Work Comp - Per Statute E.L. Disease-Each Emp 213102021222894SR 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 Certificate Holder (City) is included as an Additional Insured on the General Liability and Automobile Liability policies, 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 Insureds, where required by written contract executed prior to loss and permitted by law. 2 2 Willis Towers Watson Northeast, Inc. See Page 1 See Page 1 See Page 1 See Page 1 25 Certificate of Liability Insurance W21259227CERT:2131020BATCH:21222894SR ID: CG 20 10 04 13 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 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 A. Section II – Who Is An Insured 1. 2. 1. 2. B. 1. 2. C. Section III – Limits Of Insurance: Page 2 of 2 CG 20 10 04 13 1. 2. CG 20 37 04 13 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 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 Damag occurs subsequent to the execution of the written contract or written agreement. As required per written contract A. Section II Who Is An Insured 1. 2. Page 2 of 2 CG 20 37 04 13 B. Section III Limits Of Insurance: 1. 2. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED- PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE PROVISIONS 1. A.1.c., Who Is An Insured, of SECTION COVERED AUTOS LIABILITY COVERAGE: SECTION II. 2. B.5., Other Insurance of SECTION IV - BUSINESS AUTO CONDITIONS: a. d. 5. Other Insurance, CA T4 74 0215 © Policy #TC2JCAP-823K312A Effective: 05/01/2021- 05/01/2022 PRIMARY INSURANCE CLAUSE ENDORSEMENT ENDORSEMENT CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT ENDORSEMENT 5 01 . ...... TRAVELERSJ Name and Address of Designated Persons or Organizations: BUT Number of Notice Of Cancellation To Designated Persons Or Organizations 7 5 5 5 ,.. TRAVELERSJ Name and Address of Designated Persons or Organizations: Number of UB-8P793534-21-51-K ...... TRAVELERSJ Name and Address of Designated Persons or Organizations: (The information below is required only when this endorsement is issued subsequent to preparation of 5 City ®f Kent Master Business License Application DATE: N T City of Kent Customer service - 220 Fourth Avenue S. - Kent, WA 98032-5895 253-856-5210 • customerservice@KentWA.gov BUSINESS INFORMATION All licensesexpiteDecember 31,Re-Issue invoice marled end of calendar year. Legal EntityName: FIELDTURF USA, INC. Trade Name Physical Address! 175 N. Industrial Blvd NE Mailing Address.7445 Cote-de-Liesse, Suite 200 City: Calhoun City: Montreal Email: connie.vachon@fieldturf.com Phone: 514-375-2570 WA State UBI#: 602 048 132 ❑ individual ❑ Partnership ❑ LLC ■ Corporation ❑ Other State: GA Zlp:30701 State: QC ZIP: H4T 1 G2 Type of Business: (check all that apply) ❑ Wholesale Trade ❑ Retail Trade ❑ Service ❑ Manufacturing ■ Construction ❑ Govt. ❑ Transp./Common./Util. ❑ Finance/Insur./RE ❑ Education ❑ Health Industry ❑ Sales/Mktg. ❑ Other Description of Business Activity: installation, manufacturing and maintenance of synthetic turf and other sports flooring Date when business activity began in Kent: June 27, 2021 Owners)/Officers Name(s): See attached list Address: Phone: City: Email: State: ZIP: Estimated Annual Gross Income in Kent (Checkthe box that applies to your business) ❑ $0 - $2,000 O $2,001 - $200,000 ❑ $200,001 - $1,000,000 ❑ More than $1,000,000 Contact person: Connie. Vachon Phone: 514-375-2570 Small: connie.vachon@fieldturr.com THIS SECTION APPLIES TO BUSINESSES THAT HAVE A PHYSICAL LOCATION WITHIN CITY LIMITS COMMERCIAL BUSINESSES NAILS Code: Square footage: Do You Share a Location with Another Business? ❑ No ❑ Yes (if yes, please call US at 253-856-5201) If so please list other entity: Will your business engage in selling, giving away, distributing, dispensing, exchanging for anything of value, planting, growing, processing, packaging, storing, or any other act relating to marijuana as that term is defined in RCW 69.50.101 ? ❑ Yes ❑ No Do you have more than one location within the City of Kent? ❑ Yes ❑ No If yes, please list location(s): Does your business require a specialty license (i.e. Applicable if your business has Amusement Devices, Cabaret, or Pool & Billiard Tables)? ❑ Yes ❑ No If so please list: Emergency Contact: Phone: Phone: continued on back... COMMERCIAL BUSINESSES (CON'T) Total number of employees (Use this number to determine license fee) Driver's License # Fee Schedule NUMBER OF EMPLOYEES: OPENING JULY 1 0-24 Employees 25-49 Employees 50-99 Employees 100 or more employees $249.54 $199.54 $349.54 $249.54 $549.54 $349.54 $749.54 $449.54 (Kent Businesses only) Independent Contractor $101.00 $51.00 (Example: Someone leasing a chair at a licensed salon or barber shop) Non -Profit No Charge 501 (c)3 Required Relocation in Kent No Charge (New App. req.) Prior Kent Address: NON-RESIDENT BUSINESS THIS SECTION IS FOR BUSINESSES WHICH DO NOT HAVE AN OFFICE OR PHYSICAL LOCATION IN THE CITYOF KENT. Fee Schedule If your annual gross income in Kent is $2000 or less you are not required to obtain a business license with the City of Kent. This is for non-resident businesses only. Operating before July 1 $101,00 Operating after July 1 $51.00 RENTAL HOUSING BUSINESS SECTION THIS SECTION IS ONLY FOR RENTAL PROPERTIES WHICH CONTAIN TWO OR MORE HOUSING UNITS Fee Schedule Opening July 1 2 to 10 units $101.00 $51.00 A $13 per unit Rental Housing Inspection Program (RHIP) fee will be added to your business license 11 to 50 units $301.00 $151.00 fee. If you have any questions please visit KentWA.govlrentalhousinginspectionfor more information 51 and above $601.00 $301.00 or call253-856-5454. Total number of rental units x $13 — $ Please include this fee with your licensing payment of $101, $301, or $601 TAX REGISTRATION By completing this application, you are also registering to file City of Kent business and occupation (B&O) tax returns. If your business activities are exempt from B&O tax, please write the reason(s) here: The City also levies a utility tax, admissions tax, and gambling tax upon certain business activities. For tax forms or additional information, visit us at KentWA.gov or contact the Tax Division at 253-856-6266. I hereby certify that the statements and information furnished by me on this application are true and complete to the best of my knowledge. I also acknowledge that the statements and information furnished by me on this app3ication are public records and are available for public inspection pursuant to State of Washington RCW 42.17.260.1 understand that issuance of this license is conditioned upon compliance at all times with all applicable ordinances, regulations and statutes of the City of Kent and State of Washington. The issuance of this business license does not imply compliance with the ni g, Uniform Fire and Building Codes. Signature: _ ,�,, Print Name: 1 w? V, Title: Senior Paralegal Date: June 22, 2021 ........................................ INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED........................................ FOR OFFICE 135E ONLY: 6L 9 Date Reed Amount paid OFFICERS/Di RECTORS OF FIELDTURF USA INC. Shareholder. FieldTurfTarkett USA Holdings, Inc. owns 100% Board of Directors of Fieldturf USA Inc. 1. Eric Daliere 7445 Cote-de-Liesse, Suite 200 Montreal, Quebec, H4T 1G2 2. Pedro Azevedo 7445 Cate-de-Liesse, Suite 200 Montreal, Quebec, H4T 1G2 3. Marie -France Nantel 7445 Cote-de-Liesse, Suite 200 Montreal, Quebec, H4T 1G2 Officers of Fieldturf USA Inc. 1. Eric Daliere, CEO and President 2. Pedro Azevedo, CFO and Treasurer 3. Marie -France Nantel, Secretary 4. Jennifer Hopper, Assistant Secretary FieldTu rF. Hogan .2021 Final Audit Report 2021-07-19 Created: 2021-06-28 By: Janice Applegate Qapplegate@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAA16xFP2beXXYw2CMmz-rXYGbby8ZfkOe4 "FieldTurf.Hogan.2021" History Document created by Janice Applegate (japplegate@kentwa.gov) 2021-06-28 - 6:26:31 PM GMT- IP address: 146.129.252.126 t: o Document e-signed by Janice Applegate (japplegate@kentwa.gov) Signature Date: 2021-06-28 - 6:36:57 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Garin Lee (glee@kentwa.gov) for signature 2021-06-28 - 6:37:00 PM GMT s Email viewed by Garin Lee (glee@kentwa.gov) 2021-06-28 - 6:37:13 PM GMT- IP address: 146.129.252.126 Email sent to chelsey.booker@fieldturF.com bounced and could not be delivered 2021-06-28 - 6:37:14 PM GMT b Document e-signed by Garin Lee (glee@kentwa.gov) Signature Date: 2021-06-28 - 6:38:15 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Darren Gill (darren.gill@tarkett.com) for signature 2021-06-28 - 6:38:18 PM GMT Email viewed by Darren Gill (darren.gill@tarkett.com) 2021-06-28 - 6:39:03 PM GMT- IP address: 165.225.209.71 Email viewed by Darren Gill (darren.gill@tarkett.com) 2021-07-15 - 2:27:30 PM GMT- IP address: 165.225.39.59 c:5o Document e-signed by Darren Gill (darren.gill@tarkett.com) Signature Date: 2021-07-15 - 4:48:02 PM GMT - Time Source: server- IP address: 165.225.39.59 Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature 2021-07-15 - 4:48:06 PM GMT Adobe Sign 5 Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2021-07-16 - 2:35:35 AM GMT- IP address: 146.129.252.126 Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date: 2021-07-16 - 2:42:23 AM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Brian Levenhagen (bjlevenhagen@kentwa.gov) for signature 2021-07-16 - 2:42:27 AM GMT `1 Email viewed by Brian Levenhagen (bjlevenhagen@kentwa.gov) 2021-07-16 - 9:26:24 PM GMT- IP address: 146.129.252.126 c:5o Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date: 2021-07-16 - 9:27:10 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature 2021-07-16 - 9:27:12 PM GMT 6"1 Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2021-07-19 - 2:59:17 PM GMT- IP address: 146.129.252.126 Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date: 2021-07-19 - 3:00:06 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Melissa McCormick (cityclerk@kentwa.gov) for signature 2021-07-19 - 3:00:09 PM GMT " Email viewed by Melissa McCormick (cityclerk@kentwa.gov) 2021-07-19 - 3:22:16 PM GMT- IP address: 146.129.252.126 c:5o Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date: 2021-07-19 - 3:24:19 PM GMT - Time Source: server- IP address: 146.129.252.126 ® Agreement completed. 2021-07-19 - 3:24:19 PM GMT a Adobe Sign