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AG 14-190RETURN TO: i CCk EXT: 3 -1 O1 A CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PUBLIC WORKS / `JW`Q 2. ORIGINATING STAFF PERSON: R&D VCtf) (")r! kj EXT: a1 -70 3. DATE REQ. BY:_ 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT '14 MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG #): ❑ INTERLOCAL OTHER 5. PROJECT NAME: L�'z� CS�ll1 N�C1D J�C�i� 6. NAME OF CONTRACTOR: U0L6 1 S ADDRESS: 0-101 SJOrC t E - j5UYnrey-.V\Pf. 97'55'10 TELEPHONE053) X5(03 -51 3 E -MAIL: FAX: SIGNATURENAME: O x'1051 h -C.r C,�nVkSi! (L0 TITLE: F P, 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE �-)aOSS$ BL, EXP. 12/31/ UBI # (MQ 11 9� ej EXP. �� /3Q /al)IS S. TERM: COMMENCEMENT 9. COMPLETION DATE: 1 2131 lhol to TOTAL COMPENSATION: $_ 108 1 (DO5,00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE = ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES Ca'NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES YNO IF YES, ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/ CONTRACT REVIEW SeTROJECT MANAGER ❑ DIVISION MANAGER ❑.✓DEPUTY DIRECTOR e DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) oy'LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED wqI l COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING J ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 12 1 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS COX LAW DEPT JJKCH OF STAFF GNATORY (MAYOR OR DIRECTOR) � ITY CLERK SIGNED AG # IGNED COPY RETURNED ❑ RETURN ONE ORIGINAL PAID BY: ❑ CONTRACTOR ❑ CITY INITIAL/ DATE APPROVED a2C COUNCILAPPROVAL DATE: 11 L9 lit I DATE REC'D: COMMENTS: EXECUTE "I "ORIGINALS * SCC bn 10.4 h0-5 hten cC',+eC! - COMQM4 "yn Updated %4101A - V-C' 11/9 CITY OF CITY HALL 33325 Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederaMoy com PUBLIC WORKS MAINTENANCE AGREEMENT FOR LITTER CONTROL PROGRAM This Public Works Maintenance Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Vadis, a non - profit Washington corporation ( "Contractor "). The City and Contractor (together "Parties ") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: VADIS: CITY OF FEDERAL WAY: Christopher Christian Solid Waste & Recycling Coordinator Executive Director Public Works Department 1701 Elm Street East, 33325 8t` Ave. S. Sumner, WA 98390 -2112 Federal Way, WA 98003 -6325 (253) 863.5173 (telephone) (253) 835.2770 (telephone) (253) 863.2040 (facsimile) (253) 835.2709 (facsimile) mga&vadi s,or robv@cityoffedpKqlway.com The Parties agree as follows: 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2016 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A ", attached hereto and incorporated by this reference ( "Work "), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. 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 one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt PW MAINTENANCE AGREEMENT - 1 - Rev. 6/2012 arr or %,� A** Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederahvay. corn of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 2.3 Time, Documentation, and Inspection. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in accordance with this Contract, notwithstanding the City's knowledge of defective or non - complying performance, its substantiality or the ease of its discovery. 2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and /or the City may deduct its costs from any remaining payments due to the Contractor. 3. 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. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B ", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B ", the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Work have been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work has been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work does not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor 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 Contractor 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 PW MAINTENANCE AGREEMENT - 2 - Rev. 6/2012 CITY OF Ao! Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederaMay. com complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. 4.4 Non - Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. 4.6 Bond. Pursuant to RCW 39.08 and RCW 60.28, Contractor shall post a bond in favor of the City, in the form attached to this Agreement as Exhibit "C" and incorporated by this reference, in a dollar amount satisfactory to the City; to guarantee Contractor's performance of the Work to the City's satisfaction; to insure Contractor's performance of all of the provisions of this Contract; to insure payment of Contractor's state sales tax; and to guarantee Contractor's payment of all laborers, mechanics, subcontractors and material persons. Contractor's obligations under this Agreement shall not be limited to the dollar amount of the bond. The bond shall not be released until the City has received all applicable documentation from the state and all outstanding claims filed pursuant to RCW 39.08 and RCW 60.28 have been resolved. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub - contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from PW MAINTENANCE AGREEMENT - 3 - Rev. 6/2012 ` CITY OF CITY HALL �, Federal Way 8th Avenue South Feder Am Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and /or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non - owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 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. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "D" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. The Contractor will fully cooperate with the City in identifying and assembling records in case of any public disclosure request. PW MAINTENANCE AGREEMENT - 4 - Rev. 6/2012 CITY OF CITY HALL ...... Fe d e ra I Way 8th Avenue South '� Feder al Way, WA 98003 -6325 Feder (253) 835 -7000 www atyoffederalway com 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall delivery all needed or contracted for work project upon demand. All records submitted by the City to the Contractor will be safeguarded by the Contractor. Contractor shall make such data, documents, and files available to the City upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR/ EMPLOYEE CONDITIONS. 10.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor 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. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 10.2 Safetv. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296 -155 WAC), General Safety and Health Standards (Chapter 296 -24 WAC), and General Occupational Health Standards (Chapter 296 -62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 10.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor 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. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and PW MAINTENANCE AGREEMENT - 5 - Rev. 6/2012 CITY OF CITY HALL 33325 Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 wwww cityoffederalway com shall be subject to the City's general right of inspection to secure satisfactory completion thereof. 10.4 Prevailing Wages. 10.4.1 Wages of Employ. Pursuant to RCW 49.46.060, Contractor's workers shall be compensated in accordance with the Contractor's Certificate No. 09- 03727 -S -057 Authorizing Special Minimum Wage Rates under Section 14(c) of the Fair Labor Standards Act. A facsimile of this Certificate is attached as Exhibit "C" to this Agreement. 10.4.2 Reporting Requirements. Contractor shall comply with all reporting requirements of the Department of Labor and Industries of the State of Washington. 10.4.3 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non - discrimination. 13. GENERAL PROVISIONS. 13.1 IntgMretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the PW MAINTENANCE AGREEMENT - 6 - Rev. 6/2012 CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003 -6325 (253) 835 -7000 www atyoffederalway com terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 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. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. 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. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit maybe filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses 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, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement maybe executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all PW MAINTENANCE AGREEMENT - 7 - Rev. 6/2012 CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003 -6325 (253) 835 -7000 www ct"ffederarway cam Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] PW MAINTENANCE AGREEMENT - 8 - Rev. 6/2012 CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederahvay com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: Jim (,F ell, May /r' DATE: VADIS C t7 �/hristian,J Executive Director DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF ' ? ATTEST: i C rt ey, CMC APPROVED AS TO FORM: .�p �W4�v- jr City Attorney, Amy Jo Pearsall On this day personally appeared before me (9Jf' L/f S to me known to be the of that executed the foregoing instrument, a d acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. G`)014 VWInvP and official seal this AW e Notary's signatt Q; �� �9�; �� • Notary's printer NOTARY PUBLIC z i (!A OF WAS������ da of re name LAC ✓,tJC' / /.���< _- Notary Public in and for the State of Washington. My commission expires 21- -1—%, PW MAINTENANCE AGREEMENT - 9 - Rev. 6/2012 QTY OF � Federal Way 1. EXHIBIT "A" SERVICES The Contractor shall do or provide the following: CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com Vadis ( "Contractor ") will provide the City of Federal Way with five (5) individuals ( "workers ") and a minimum of one supervisory staffer ( "supervisor ") to work four (4) days per week`. Monday,: Tuesday, Thursday and Friday, six (6) hours per day throughout the duration of the contract. Vadis shall perform tasks to completion between the hours of 9:00 a.m. and 3:00 p.m. The supervisor will supervise and otherwise assist the individuals in their daily work performance, transport the individuals to their designated work areas, and coordinate work activities and scheduling with the City on a daily or weekly basis as needed, and fulfill other supervisory duties as outlined herein. Vadis will provide, maintain, and operate a motor vehicle to transport workers, and will provide the City with proof of liability insurance. Specific Tasks. Streets, City Property, and Right of Way. Vadis will collect and remove litter, trash and debris from the shoulders of City Right of Way (including but not limited to streets, roads, alleys, paths and parkways), public parking lots, and other designated areas. However, the tasks to be performed may be changed by the City's Streets Maintenance Supervisor at the City's discretion to meet changing needs. Vadis will also collect and remove litter, trash, recyclable materials and debris from City Parks, trails, open space areas, sidewalks, designated bus stops (including emptying and re- lining specified trash and recycling containers), and other City facilities as needed. Vadis will prepare recyclable materials to meet market specifications and remove contaminants as needed. 2. Equipment. Vadis maybe assigned to wash and clean designated City vehicles and equipment. Storm Water Drainage and Facilities. Vadis may be assigned to collect and remove tree leaves and limbs,xrash, and other debris from the top of storm water catch basins and from the sidewalk curbs and gutters. Vadis may be assigned to perform debris removal from the perimeters of storm ponds on an as needed basis. PW MAINTENANCE AGREEMENT - 10 - Rev. 6/2012 CITY OF CITY HALL 33325 At Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 wvw ctyoffederalway com 4. Job Assignment Priorities. Task assignments are subject to change and prioritization by the City Public Works Director or their designee. Vadis supervisor shall examine all work sites thoroughly before commencing work at the site. It shall be the responsibility of the Vadis supervisor to verify that the duties, assignments, and job sites meet the capabilities of the workers. All existing conditions at the job site will be noted and copies with verification noted, given to the City's Streets Maintenance Supervisor on a daily basis. Responsibilities of Parties. 1. Contractor Duties. Contractor will be responsible for the following: a. The performance of all work as provided under this Agreement with its own employees. Individuals who perform work under this Agreement must be carried on Contractor's payroll. Contractor is responsible for administering and paying employee wages, benefits and all other employee - related costs. b. Although the Contractor's company headquarters may be located outside of Federal Way, Washington, Contractor shall provide in the Federal Way geographical area a full -time administrator who will continuously oversee Contractor employee, supervisor, and worker - related staffing levels, transportation, and general duties, and will have authority to represent Contractor in managing day -to -day activities. C. The supervisor must be trained in traffic control and must possess a "Traffic Control Flagging License" certified by the State of Washington. The Contractor will provide proof of this documentation, along with the supervisor's name and mobile telephone number to the City's Street Maintenance Supervisor at the beginning of the contract period, and whenever a substitute or replacement supervisor is appointed. d. Contractor shall prohibit its employees from disturbing the papers on desks, opening desk drawers and cabinets, entering any restricted areas (for example, the central store area), or using City telephones or office equipment. e. Contractor is responsible for the security of City facilities where assigned tasks are performed as well as tools, equipment, safety gear, traffic control devices and any other items which may be supplied by the City for Contractor's use in the performance of contractor's duties. No equipment or supplies will be removed from City premises except as required for the performance of assigned duties. f. Contractor shall provide Accomplishment Reports the City's Street Maintenance Supervisor on a weekly basis and upon request by the City. PW MAINTENANCE AGREEMENT - 11 - Rev. 6/2012 CITY OF CITY HALL Federal Way 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 wwwvWyoffederatway com g. Contractor shall provide, operate, and maintain a motor vehicle to transport its employees to and from the designated work sites. Contract's vehicle shall be identified with signs and equipped with safety warning lights, strobe light and emergency flashers. h. Contractor shall provide rain gear, foul weather gear, and footwear as required, and clothing as needed for its employees. Contractor and employees shall collect the litter, trash and debris in bags and deposit them in a designated dumpster provided by the City at a location to be specified by the City. Contractor shall also collect needed operating tools, supplies, and work orders from such locations as designated by the City. j. Contractor shall follow accepted safety practices in the performance of all work. After every work shift of litter clean-up and other assigned tasks, the following shall be done: the work areas shall be inspected for fire or other safety hazards; designated electrical or power machines and/or equipment shall be turned off; outside doors and windows closed and locked as needed; gates closed and locked as needed; and all miscellaneous work tools and equipment shall be inspected, cleaned, and stored properly. 2. City Duties. City will be responsible for the following: a. The City shall supply litter bags to Contractor to use for collecting litter, trash and debris. b. The City shall supply traffic control devices, (i.e. signs and traffic cones) to Contractor so Contractor can place the traffic devices at work sites(s) to protect its employees while performing services under this contract. The City shall also provide hard hats and reflective traffic vests. C. The City shall supply maintenance equipment and hand tools as needed for the Contractor to perform specified duties. d. The City shall provide Contractor and its supervisor a copy of the daily work assignment and any change notices to use as a basic guide for the distribution of work each week. The work assignments may change as deemed appropriate by the City, with details changes provided to Contractor or its supervisor as needed. The City shall determine the priority to be given the various work assignments. The City shall verify that all work is performed as scheduled. At the end of each month, the City shall note all work as either (S) Satisfactory or (U) Unsatisfactory. If any work has been rated (U), the City shall contact Contractor to discuss the deficiency and action necessary to correct the deficiency. PW MAINTENANCE AGREEMENT - 12 - Rev. 6/2012 CITY OF CITY HALL �.., 33325 Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityaffederahvay com EXHIBIT "B" COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor a total amount not to exceed Fifty -three Thousand, Five Hundred no /100 Dollars ($53,500.00) during the first year of this agreement from January 1, 2015 through December 31, 2015. This annual compensation, plus an estimated 3% inflation adjustment, is added for calendar year 2016, making the total compensation available for the two -year term One- hundred and eight Thousand, Six Hundred, Five and no /100 Dollars ($108,605.00). 2. Method of Compensation: During the first year of this agreement, the maximum annual compensation available to the Contractor is $53,500.00, or $4,458.00 per month. Contractor compensation will be based in part on attendance of the five workers that make up the crew. Worker attendance will determine compensation based on the following: for each "worker -day" absence in a given month, Contractor compensation will be reduced by $30.00. The $30.00 figure is based on information provided by the Contractor, and approximates the average compensation provided to a worker during a six -hour period. Contractor will report the number of "worker -day" absences on a daily basis on the Accomplishment Reports provided to the Public Works Department's Street Maintenance Supervisor or designee. Contractor shall provide monthly invoices which account for the total "worker -day" absences in a given month, by deducting $30.00 for each "worker -day" absence from the baseline monthly compensation of $4,458.00 per month. Contractor is scheduled to work all regularly scheduled business days, with the exception of Wednesdays, City - observed holidays, and weekends. Any scheduled work days that are not worked by Contractor will result in a $150.00 deduction in compensation per occurrence, based on the standard crew of five workers at $30.00 per "worker- day." When Federal Way Public Schools issues a public announcement of district -wide school closure due to inclement weather, Contractor will not report to work that day, and Contractor will deduct $150.00 per day from the monthly invoice for each such day. However, should Contractor be instructed by the Public Works Department's Street Maintenance Supervisor or designee while already performing work in the City on a scheduled work day to cease performance of tasks due to inclement weather, it shall result in an excuse from scheduled tasks for the remainder of that day with no deduction in compensation. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay, or any other benefit of employment. 3. Annual Compensation Adjustment: The Contractor's monthly compensation shall increase or decrease once every year by the percentage change in the Consumer Price Index CWURA423SAO for the Seattle - Tacoma- Bremerton Metropolitan Area for Urban Wage Earners and Clerical Workers, all items (Revised Series) (CPI -W 1982 -1984) prepared by the United States Department of Labor, Bureau of Labor Statistics, or a replacement index (the "CPI Index "). Compensation shall be adjusted once annually, beginning January 1, 2016. The Contractor shall submit to the City for review and approval a Compensation Adjustment Statement, calculating the compensation for the next PW MAINTENANCE AGREEMENT -13 - Rev. 6/2012 CITY OF Aft, Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7004 www cityoffederaMoy com year using the percentage change in the CPI Index for the most recent twelve (12) month period ending on August 30th. The Contractor's calculation shall be provided to the City no later than November 1 st of each year, and the City shall have thirty (30) days to confirm the Contractor's calculation. The adjusted monthly compensation amount shall then take effect January I st. PW MAINTENANCE AGREEMENT -14- Rev. 6/2012 CITY OF CITY HALL 33325 Aw Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com EXHIBIT "C "U.S. DEPARTMENT OF LABOR CERTIFICATE i U.S. Department of Labor Naand Hour Division National National Certification Program - S14 230 South Dearborn Street, Room 514 Chicago, Illinois 60604 CERTIFICATE AUTHORIZING SPECIAL MINIMUM WAGE RATES UNDER SECTION 14(c) OF THE FAIR LABOR STANDARDS) Certificate Number: 09- 03727 -S -057 For Branch Location: VADIS VADIS 1701 ELM STREET 1701 ELM STREET Sumner, WA 98390 SUMNER, WA 98390 Type of Certificate: Community Rehabilitation Program (Work Center) This special certificate authorizes the employment of workers with disabilities in accordance with the requirements of 29 CFR Part 525, effective 0710112013. This certificate will remain in effect until 06/30/2015 provided that all applicable provisions of the Fair Labor Standards Act, the Walsh - Healey Public Contracts Act, the McNamara - O'Hara Service Contract Act, and the Contract Work Hours and Safety Standards Act and the regulations issued pursuant thereto are fully complied with. If an application for renewal has been properly and timely filed with the Wage and Hour Division prior to 06/3012015, this special minimum wage certificate will remain in effect until the application for renewal has been granted or denied. The enclosed certificate does not constitute a statement of compliance by the Department of Labor nor does it convey a good faith defense to the employer should violations or the Fair Labor Standards Act, the Walsh - Healey Public Contracts Act, the McNamara - O'Hara Service Contract Act, or the Contract Work Hours and Safety Standards Act occur. Please contact the following Wage Specialist should you have any questions regarding the issuance of this certificate: Name of wage specialist: John Ferrin Phone: 312- 789.2934 See the reverse of this certificate and the applicable regulations for further information. NOTICE TO WORKERS WITH DISABILITIES PAID AT SPECIAL MINIMUM WAGES The Fair Labor Standards Act (FLSA) provides that workers with disabilities whose disabilities impair their ability to perform the type of work being done in the establishment may be employed at wage rates below the minimum otherwise required by the FLSA. Such employment is permitted only under certificates issued by the Department of Labor and must reflect the productivity of the individual worker as related to the productivity of a worker who does not have disabilities for the work being performed, and the wages being paid to experienced workers performing the same or similar work in the vicinity. Such wages are referred to as "commensurate wage rates." This establishment has a certificate authorizing the payment of commensurate wages to workers with disabilities. Workers who do not have disabilities for the work being performed, including workers who may otherwise have disabilities, must receive at least the statutory minimum wage. For purposes of payment of commensurate wages under a certificate, a worker with a disability is defined as an individual whose earning or productive capacity is impaired by a physical or mental disability, including those relating to age or injury, for the work to be performed. Disabilities which may, but will not necessarily, affect productive capacity include blindness, mental illness, mental retardation, cerebral palsy, alcoholism, and drug addiction. The following, taken by themselves, do not constitute disabilities for purposes of paying commensurate wages: educational disabilities, chronic unemployment, receipt of welfare benefits, nonattendance at school, juvenile delinquency, and correctional parole or probation. Each worker with a disability, and where appropriate, the parent or guardian of such worker, shall be informed orally and in writing by the employer of the terms of the certificate under which such worker is employed. Complaints or questions regarding the terms and conditions of employment under a certificate may be directed to the Wage and Hour Division, U.S. Department of Labor. Action will be taken to address an individual's concerns, including where appropriate, a formal investigation of the employer. Workers with disabilities paid at special minimum wages may also petition the Administrator of the Wage and Hour Division of the U.S. Department of Labor for a review of their wage rates by an Administrative Law Judge. No particular form of petition is required, except that it must be signed by the worker with a disability or his or her parent or guardian and should contain the name and address of the employer. Petitions should be mailed to: Administrator, Wage and Hour Division, U.S. Department of Labor, Room S -3502, 200 Constitution Avenue, N.W., Washington, D.C., 20210 Wage and Hour Representative: Title: Date Certificate Printed Sharlyn Simon National Certification Program Manager 0 2/1 012 01 4 Form WH -226 Cent. ID: 178660 Rev. January 2DD2 PW MAINTENANCE AGREEMENT - 15 - Rev. 6/2012 CITY OF .L Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoSederalway com Page 2 1. COMMENSURATE WAGE RATES a. PIECE RATE PAYMENTS. Workers with disabilities (including patient workers in hospitals or institutions) employed on a piece rate basis must be paid not less than the prevailing piece rate paid experienced employees who do not have disabilities for the work to be performed engaged in essentially the same type of work in the vicinity. In the absence of established piece rates for similar work, time studies or other tests may be used to establish piece rates. b. HOURLY RATE PAYMENTS. Workers with disabilities (including patient workers in hospitals or institutions) employed on an hourly rate basis must be paid wage rates at least commensurate with the prevailing hourly wage rate paid experienced employees who do not have disabilities for the work to be performed in the vicinity for essentially the same type, quality and quantity of work. 2. CONTRACTS SUBIECT TO THE McNAMARA- O'HARA SERVICE CONTRACT ACT. 1. This certificate extends authority to pay commensurate wages to workers with disabilities performing work subject to the McNamara - O'Hara Service Contract Act (SCA) but not less than the minimum wage rates specified below; a. MINIMUM WAGE. The SCA wage determination incorporated in a service contract with the Federal Government or the District of Columbia will specify the prevailing minimum wage rates and fringe benefits which are to be paid to each of the classes of service employees performing covered SCA contract work or work necessary to the performance of the contract. Workers with disabilities shall be paid commensurate wage rates based on the applicable SCA wage determination. b. FRINGE BENEFITS. All workers with disabilities who perform work on contracts subject to the SCA or who perform work necessary to the performance of the contract shall be paid fringe benefits in full as stated on the applicable SCA wage determination and in accordance with the provisions of 29 CFR Part 4. c. VIOLATIONS OF THE SCA PROVISIONS. Failure to comply with these SCA provisions may result in the withholding of funds to cover unpaid wages and debarment from future Federal contracts. d. COVERAGE OF OTHER EMPLOYEES. If a certificate holder Is providing any services (other that linen supply service), subject to the SCA, those workers in the establishment in which the services are being performed who are not performing the service work must be paid in accordance with the applicable provisions of the FLSA. This holds true even where the non - service work would not otherwise be subject to the FLSA. Any questions regarding this requirement should be addressed to the nearest office of the Wage and Hour Division. 3. OVERTIME REQUIREMENTS. a. FAIR LABOR STANDARDS ACT (FLSA). Persons covered by this Act, unless exempt, shall be paid not less than ONE AND ONE -HALF TIMES THEIR REGULAR RATES OF PAY AFTER 40 HOURS OF WORK IN A WORKWEEK. b. WALSH- HEALEY PUBLIC CONTRACTS ACT (PCA). Persons covered by this Act, unless exempt, shall be paid not less than ONE AND ONE -HALF TIMES THEIR REGULAR RATES OF PAY AFTER 40 HOURS IN A WORKWEEK. c. McNAMARA- O'HARA SERVICE CONTRACT ACT (SCA). Persons covered by this Act, unless exempt, shall be paid overtime in accordance with the terms of the FLSA or the Contract Work Hours and Safety Standards Act (CWHSSA) for all hours worked over forty in a workweek. 4. RECORD KEEPING REQUIREMENTS. In addition to the records required by Regulations 29 CFR Part 516, each certificate holder shall keep those records required by Regulations 29 CFR Part 525.16, as applicable, including but not limited to: a. DISABILITY - showing the nature of the disability, . of each worker employed at a commensurate wage. b. PRODUCTIVITY - showing the productivity of each worker with a disability or patient worker on a continuing basis or at periodic intervals (not to exceed 6 months in the case of workers paid hourly wage rates), including documents explaining how the productivity of the workers with disabilities not paid a piece rate is determined. c. PREVAILING WAGE RATES paid in the vicinity to experienced workers who do not have disabilities for the work to be performed (updated at least every 12 months). d. PRODUCTION STANDARDS and supporting documentation, including work measurements. S. CHILD LABOR. Minors younger than 18 years of age must be employed in accordance with the child labor provisions of the FLSA. No person under 16 may be employed in manufacturing or processing or on a PCA contract. 6. COMPLIANCE WITH HIGHER STANDARDS. No provisions of this certificate shall excuse noncompliance with any other Federal, State, or local law or ordinance establishing higher standards. 7. REVIEW OR CANCELLATION. This certificate is issued without prejudice to the rights of any party to petition for review as provided in Regulation 29 CFR Part 525. The terms of this certificate may be amended for cause upon the request of the certificate holder, or worker with a disability or the parent or guardian of such worker or upon the initiative of the Administrator or the Administrator's authorized representative. This certificate is revocable by the Administrator or the Administrator's authorized representative for cause. 8. EXPIRATION. This certificate will expire on the date indicated as will the employer's authority to pay special minimum wages to workers with disabilities unless an application for renewal is properly and timely filed with the Wage and Hour Division prior to the expiration date. If a renewal application is properly and timely filed with the Wage and Hour Division, the certificate will remain in effect until the renewal has been granted or denied. Form WH -228 Rev. January 2002 PW MAINTENANCE AGREEMENT - 16 - Rev. 6/2012 /- 1 i& ACC)R° CERTIFICATE OF LIABILITY INSURANCE `a..•-� DATE(MM /DDNYYY) 7/3/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Arthur J. Gallagher Risk Management Services, Inc. 777 108th Ave NE, #200 Bellevue WA 98004 NAME: CT Kristen Look PHONE 425- 586 -1016 F "X 425 -451 -3716 E -MAIL INSURERS AFFORDING COVERAGE NAIC # /1/2014 INSURER A: Massachusetts Bay Insurance Company 22306 $1,000,000 INSURED VADIS00 -01 INSURERB:Allmerica Financial Benefit Insuran 41840 INSURER C: Hanover Insurance Company 22292 Vadis 1701 Elm Street Sumner WA 98390 INSURER D PERSONAL BADVINJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ] PRO JECT F] LOC OTHER: GENERAL AGGREGATE INSURER E: PRODUCTS - COMP/OP AGG INSURER F: $ rnvcowr_cc P`CDTICUf ATC w IaaDCD• RRd3Q9nRA RFVISInN NIIMRFR- 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. INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑ OCCUR ZD2A35066300 /1/2014 /1/2015 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence ) $100,000 MED EXP (Any one person) $5,000 PERSONAL BADVINJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ] PRO JECT F] LOC OTHER: GENERAL AGGREGATE $3,000,000 PRODUCTS - COMP/OP AGG $3,000,000 $ B AUTOMOBILE LIABILITY X ANY AUTO ALT OWNED SCHEDULED AUTOS NON -OWNED HIRED AUTOS AUTOS AW2A35065900 /1/2014 /1/2015 COMBINED SINU1r1TMTr— Ea accident $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE UH2A35066300 /1/2014 11/2015 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 DED I I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Grounds Maintenance City of Federal way is named additional insured per form number 421 -0549. CFRTIFICATF HAI nFR CANCELLATION © 1988 -2014 ACORD CORPORA I III All ngnts reservea. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Cit of Federal Way ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 9718 Federal Way WA 98063 AUTHORIZED REP ESENTATIVE © 1988 -2014 ACORD CORPORA I III All ngnts reservea. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD