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AG 18-003RETURN TO: Mary Jaenicke EXT: 6901 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1, ORIGINATING DEPT./DIV: Parks 2. ORIGINATING STAFF PERSON: Derreck Presnell EXT: 6959 3. DATE REQ. BY: 1/4/2021 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 ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION * CONTRACT AMENDMENT (AG#): 18-003 ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: Parking Lot Sweeping 6. NAME OF CONTRACTOR: whirlwind Clean & Green ADDRESS: 12930178TH Street, Woodinville, WA 98072 TELEPHONE 425-508-0736 E-MAIL: matt@wwcng.com FAX: SIGNATURE NAME: Matt Weinert TITLE Business Development Director/Principal 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 8. TERM: COMMENCEMENT DATE: upon Signature COMPLETION DATE: 12/31/2023 9. TOTAL COMPENSATION $ 46,002.00 + 43,150.51 + 4,315.05 (tax) = $93,467.56 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES A NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED OYES IDNO IF YES, $ 4.315,05 PAID BY: ❑ CONTRACTOR It CITY RETAINAGE: RE i'AINAGE AMOUNT: TWA L3 RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED Ci PURCHASING: PLEASE CHARGE TO: 001-7100-331-576-80-480 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW LE 2/212021 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING �` 2 `� ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 2, 2 �! DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED Gi'CAW DEPARTMENT F I 2-Q Z 1 UwWGN ATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AG# COMMENTS: 3r_a17 CITY OF CITY HALL Fe d e ra I Way Feder Sth Avenue South Federal Way: WA 98003-6325 (253) 835-7000 www crtyoffederafway com AMENDMENT NO.1 TO MAINTENANCE AGREEMENT FOR PARKING LOT VACUUMING This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Whirlwind Services, Inc., a Washington corporation ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Parking Lot Vacuuming ("Agreement") dated effective December 27, 2017, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 ofthe Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 23, 2023 ("Amended Term"). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method ofpayment, as delineated in Exhibit B-1 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 Amended Term. Except as otherwise provided in an attached Exhibit, 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. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjurythat they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 3/2017 CITY of CITY HALL 33325 Avenue South Fe d e ra i Way Federal Way, WA 98003-6325 (253) $35-7flQq www ciCom IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: By: 3' erre11, Mayor t h ie Courtney, CM City Clerk DATE: / / APPROVED A Q TO FORM: &, Za fG Y J. Ryan Call, City Attorney WHIRLWIND SERVICES, INC.: By: -V Printed Name: 1 Title: 21 C4LRS MA'+S� Date: W Z A STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeared before me O- . e � rYi to me known to be the ll e rn-�- sb(,41us 01" & of yy h � O wtnd, S2ry i r e s Inc, that executed the foregoing instrument, and 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. GIVEN my hand and official seal this 12�vk day of �A , 20J. Notary's signature .(. Notary's, printed name Notary Public State of Washington Brittany Criss Expires On, May 9th, 2021 Residing At: Duvall, WA - King County Notary Public in and for the State of Washington. My commission expires 4 AMENDMENT - 2 - 3/2017 �FederaI Wa EXHIBIT B-1 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way: WA 98003-6325 (253) 835-7000 www cily0troderahvay cam 1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to exceed Forty -Three Thousand One Hundred Fifty and 51 A 00 Dollars ($43,150.51) and Washington State sales tax equal to Four Thousand Three Hundred Fifteen and 051100 Dollars ($4,315.05) for a total of Forty -Seven Thousand Four Hundred Sixty -Five and 561100 Dollars ($47,465.56). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall bean amount not to exceed Ninety -Three Thousand Four Hundred Sixty -Seven and 561100 Dollars ($93,467.56). 2. Method of Compensation: BPA Trail parking S 324th St. City Hall City Hall North Parking Lot Dumas Bay Centre Dumas Bay Sanctuary French Lake Park FW Community Center Lakota Park Celebration Park Palisades Park Sacajawea Saghalie Park (upper east lot) Steel Lake Park Steel Lake Annex Town Square Park West Hylebos Park PAEC sub total Price Per Visit Visits Per Annual Contract 2020-2021 Calendar Amount Year 2020-2021 $58.75 8 $470.00 $92.50 16 $1,480.00 $77.00 8 $616.00 $93.00 2 $186.00 $36.50 8 $292.00 $111.00 J I 8 $888.00 $97.00 8 $776.00 $616.00 $77.00 8 $261.75 10 $2,617.50 $45.00 8 $360.00 $77.25 8 $618.00 $82.00 8 $656.00 $131.00 10 $1,310.00 $73.25 8 1 $586.00 $68.50 10 $55.50 8 $85.00 16 $685.00 $444.00 $1,360.00 $13,960.50 f AMENDMENT - 3 - 3/2017 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 9803-6325 (253) 835-7000 www. alyoffederahvay com EXHIIBIT B-1 Price Per Visit Visits Per Annual Contract 2021-2022 Calendar Amount Year 2021-2022 BPA Trail parking S 324th St. $60.51 8 $484.10 City Hall $95.28 1 16 $1,524.40 City Hall North Parking Lot I $79.31 8 $634.48 $191.58 Dumas Bay Centre $95.79 2 Dumas Bay Sanctuary $37.60 8 $300.76 French Lake $114.33 8 $914.64 Park FW Community Center $99.91 8 $799.28 Lakota Park $79.31 8 I $634.48 Celebration $269.60 10 $2,696.03 Park $46.35 Palisades Park 8 $370.80 Sacajawea $79.57 8 $636.54 ark Saghalie Park (upper east lot) $84.46 8 $675.68 Steel Lake $134.93 10 $1,349.30 Park Steel Lake $75.45 8 $603.58 Annex Town Square Park $70.56 10 $705.55 West Hylebos Park $57.17 8 $457.32 PAEC $87.55 16 $1,400.80 r- sub total $14,379.32 AMENDMENT - 4 - 3/2017 CITY OF Federal Way EXHIBIT B-1 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederelwey com Price Per Visit Visits Per Annual Contract 2022-2023 Calendar Amount Year 2022-2023 BPA Trail parking S 324th St. $62.33 8 $498.62 City Hall $98.13 16 $1,570.13 City Hall North Parking Lot $81.69 8 $653.51 Dumas Bay Centre $98.66 2 $197.33 $38.72 8 Dumas Bay Sanctuary $309.78 $117.76 8 French Lake $942.08 Park $102.91 8 $823.26 FW Community Center Lakota Park $81.69 8 $653.51 Celebration J $277.69 10 $2,776.91 Park Palisades Park $47.44 8 $381.92 Sacajawea $81.95 8 $655.64 ark Saghalie Park (upper east lot) $86.99 8 $695.95 Steel Lake $138.98 10 $1,389.78 Park ` _ Steel Lake $77.71 8 $621.69 Annex Town Square Park $72.67 10 $726.72 West Hylebos Park $58.88 8 $471.04 PAEC $90.18 16 $1,442.82 sub total $14,810.69 AMENDMENT - 5 - 3/2017 MMIDD[Y r DATE Y) AC�CERTIFICATE OF LIABILITY INSURANCE /25/20223 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(ios) 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 CONTACT NAME: AX Parker, Smith & Feek, Inc. PHONE. 509-789-8350 (':AC. NaI.509 931 0794 16201 E Indiana Ave, Suite 1000 E-MAIL Spokane Valley, WA 99216 ADDRESS: INSURERISI AFFORDING COVERAGE NAIC # INSURED Whirlwind Services Inc dba Whirlwind Clean & Green 12930 NE 178th St Woodinville, WA 98072 -T 1171^ A TIT KH Ir11a 1- 0 . INSURERA: Depositors Insurance Co. INSURER B : INSURER C : INSURER D : INSURER E : INSURER F RFVI_CI()N NI IMRFR- vTHIS•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 TYPE OF INSURANCE XWE R POLICY NUMBER MMfDDIYYYY MM/DD/YYYY LIMITS LTR A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY X ACPGLD03067992915 11/20/2020 11/20/2021 EACH OCCURRENCE $ 1,000,000 PREMI Ea occurrence $ 11000,000 MED EXP (Any oneperson) $ 5,000 CLAIMS -MADE I —XI OCCUR PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 $ POLICY X PRO- LOC A AUTOMOBILE LIABILITY ACPBAPD3067992915 11/20/2020 11/20/2021 CMe OMBINED SINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS PROPERTY DA E Peracdtl $ $ 1 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE S EXCESS LIAB CLAIMS -MADE DED I I RETENTION S $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORIPARTNER/EXECUTIVE � — ANY OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below ACPGLD03067992915 11 /20/2020 •' WA Employers St0 Gap p N/A Liability 11 /20/2021 WC STATU- X M- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Maintenance Agreement for Parking Lot Vacuuming. City of Federal Way are an additional insured and coverage is primary and non-contributory on the general liability policy per the attached endorsements/forms. CANCELS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE. r'A nlf' -I 1 8 11r IM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Federal Way City Hall AUTHORIZED REPRESENTATIVE 33325 8th Ave S. Federal Way, WA 98003-6325 V �. W l`Jaa-LV"IU AL UMU L UMr-VRA I Ivry. All IIUIIL. IVJVIYcu. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 3 of 16 (JLD02) THIS PAGE INTENTIONALLY LEFT BLANK 4 of 16 (JLD02) COMMERCIAL GENERAL LIABILITY CO 8186 0319 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONSTRUCTIONGARDs" GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL 'GENERAL LIABILITY COVERAGE PART The following is a summary of the aaditional coverages provided by this endorsement. For complete details on a specific coverage, consult the endorsement contract language. 1. Additional Insureds Various additional insured extensions 2. Aggregate Limlt Per Project 3. Blanket Waiver of Subrogation If required by written contract, insurer waives right of subroga0cin 4. Broad Form Named Insured T S. Broadened Definition of BI Definition includes mental anguish 6. Broadened Liability Cave►age 1or Darnage to "Your Product" and "Your Work" 7. Contractual Liability - Railroads Exoanc�ed definition of insured contract" S. Contractual Liability for Personal and Advertising Injury 9. Damage to Premises Rented to You Extends perils Limit_ $" ,000:000 10. Electronic Data Liability Limit: $100:000 11. Expected and Intended Injury 12. Incidental Medical Malpractic 13. Knowledge of Occurrence 14. Liberalization 15. Lost Key Coverage Occurrence Limit: $10-000 16. Newly Formed and Acquired Organizations _1 8C days _ 17. Non -owned Aircraft 18. Non -owned Watercraft Included for watercraft up to 51 it 19. Supplementary Payments Increased bail bonds limit to $!3-000 Increased dajiy loss of eamin s limil to $1,000 _20. Unintentional failure to Disclose Hazard 21. Non -duplication of Benefits CG 8186 03 19 Includes copyriclited malerial of Insurance Services Olfice- Inc.. Page 1 of 7 with its permission. 5 of 16 (JLD02) CG 81 86 0319 1. Additional Insured - Automatic Status When Required In An Agreement Or Contract With You SECTION II - WHO IS AN INSURED is amended to include: 1. Any person(s) or organization(s) whom you are required to add as an additional insured on this policy under a written contract or written agreement. provided the written contract or written agreement: (1) Is currently in effect or becomes effective during the term or Ihis policy: and (2) Was executed prior to the "bodily injury," "property damage or "personal and advertising injury" for which the additional insured seeks coverage. The person or organization added as an additional insured by this endorsement is an additional insured only with respect to liability or: 1. 'Bodily injury" or "properly damage' or 2. "Personal and advertising injury"; a. Controlling Interest - with respect to their liability arising out of: (1) Their financial control of you. or (2) Premises they own, maintain or control while you lease or occupy These premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured b. Co-owner of Insured Premises - with respecl to the co -owners liability as a co-owner of such premises c. Grantor of Franchise or License Any person or organization that has granted you a franchise or license by written contract or agreement is an additional insured bat only with respect to their liability as a grantor of a Iranchise or license to you However, their status as additional insured under th s policy ends when their contracl or agreemenl with you granting the franchise or license ends. d. Lessors of Leased Equipment - with respect to their liability for bodily injury" _property aamage or personal and advertising injury". caused in whole or in part by your maintenance. operation. or use of equipment leased to you by such person(s), or organization(s). This insurance does nol apply to any "occurrence" which takes place after the equipment lease expires. However their status as additional insured under this policy ends when their lease contract, or agreement with you for such leased equipment expires. e. Lessor of Land - with respect to liability arising out of the ownership, maintenance or use of thal specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premise, ;x (2) Structural alterations, new conslruction or domoldion operations performed by or on behalf of such additional insu red. However. their status as acditional insured under this policy ends when you cease to be a tenant of such premises I. Managers or Lessors of Premises - with respect to liability arising out of the ownership mainlenance. or use of that pail of the premises you own. rent. lease. or cccupy 1lns rnsioance does not apply to: (1) Any -occurrence" which takes place after you cease to be n tenant in that premises; or (2) Structural alterations, new con- siruclion or demolilion operations performed by or on behal' of the person or organization. Page 2 of 7 Includes copyrighted materiai of Irisurance Services Office Inc CG 81 86 03 19 with its permiss on. b Oi "Ib (JLUUL) However. their status as additional insured under this policy ends when Wu cease to be a lenaot of such premises. Mortgagee, Assignee or Receiver - with respoct to their liability as mortgagee, assignee or receiver and arising out of the ownership, r-twntenance. or use of a premise by you. This insurance does not apply to structural alterations new construction or demolition operations. pertormed by or on behalf of such additional insured. h. Owners, Lessees, or Contractors - with respect to liability far "bodily injury", "property damage", or "Personal and advertising injury - caused in whole or in pars, by: (1) Your acts or ornissions; or (2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations perlormed for that additional insured. whether the work is performed by you or on your behalf; or (3) "Your work" performed for that additional insured and included in the 'products -completed operations hazard." The insurance does not apply to: (a) "Bocily injury" "properly damage", or "personal and advertising injury" arising out cl 1he rendering of or the failure to render any professional architectural engineering, or survey services including (i) Tne preparing, approv• ing. or failing to prepare or approve maps. shop drawings opinions reports survey, field orders change orders or drawings anc specifications or (11) Supervisory. inspection architectural or engi- neerng activities. CG 81 B6 03 19 This exclUs,or applies even it the claims against any insurec allege negligence or other wrongdoing in the supervision. hiring, employment, training or monitoring of other; by that insured if the -occurrence" which caused the bodily injury" or - property damage or the offense which caused the "personal and advertising injury": involved the rendering of. or failure to render. any professional, architectural. engineering, or surveying services. State or Political Subdivision - Permits Relating to Premises - with respect to the following hazards for which the slate or political subdivision has issued a permit or authorization in connection with premises you own, rent, or control and to which this insurance applies. (1) The existence. maintenance repair. construction, erection, or removal of advertising. signs. awnings. canopies, cellar entrances. coal holes drive- ways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or (2) The construction erection or removal of elevators: or (3) The ownership maintenance or use of any elevators covered by this naurance This insurance does not apply to: (1) "Bodily injury' or 'properly damage" or personal or advertising injury' arising out of operations performed for the state or mun cipaiity or (2) 'Bo&y injury or property damage" included within the 'products -completed operations hazard" CG 81186 0319 Includes copyrighted maleval of Insurance Services Office. Inc. Page 3 of 7 with its permission. / Or 1b (JLUUL) CG 81 86 03 19 However sucn slate or polnrca subdivision's status as addit.ona insured under this policy ends when the permit ends This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations_ The insurance afforded to such additional insureds described in a.- i above: (1) Only applies to the exienl permitted by law; anc (2) Will not be broader than any coverage requirement in a contract or agreement to provide forsuch additional insureo, 2. Aggregate Limit Per Project Under SECTION III — LIMITS OF INSURANCE, the following paragraph Is added to Paragraph 2: The General Aggregate Limit under SECTION III LIMITS OF INSURANCE applies separately to each of your construction projects away from premises owned by or rented to you. 3. Blanket Waiver Of Subrogation Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 8. Transfer Of Rights Of Recovery Against Others To Us, the following is added We waive any right of recovery Svc may have against any person or organization because of payments we make for injury or damage arising out of: a. Your ongoing operalions; or b. "Your work- included in the "products completed oporations hazard " However this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, ano only if the contract or agreement: a. Is in effect or becomes effective during the term or this pol-cy and Named Insured shown in the Declarations owns, during the policy period, an interest of more than fly percent li other valid collectible insurance is available to any business entity covered by this solely by reason of ownership by the Namec Insured shown in the Declarations in excess of fifty percent this insurance is excess over the other insurance: whether primary, excess. contingent, or on any other basis. 5. Broadened Bodily Injury Definition (Mental Anguish) dinder SECTION V — DEFINITIONS, Definition 3. `Bodily Injury" is replaced with: 3. "Bodily injury" means physical injury, sickness. or disease to a person and if arising out of the foregoing, mental anguish. mental injury, shock, or humiliation, including death at any time resulting therefrom. 6. Broadened Liability Coverage for Damage to "Your Product" and "Your Work" Under SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete exclusions k. and I, and replace them wish the following: This insurance does not apply to. k. Damage to Your Product "Property damage" to "your product" arising oul of it or any part of it except when caused by or resulting from- (1) Fire (2) SmoKe (3) Gollapse or (4) Explosion Damage to Your Work "Property darnage" to your work" arising out of it or any part of it and Included in the "products completed operalions hazard" This exclusion does not apply: b. Was executed prior to loss. (1) If the damaged work or the work uul of 4. Broad form Named Insured which the damage arises was Under SECTION II — WHO IS AN INSURED, the performed on your behall by a following is added to Paragraph 2: subconlraclor: or e. Any business entity incorporated or (2) If tie cause of oss to the damaged organizes under the laws of the United Stale (a) Fire arises as a result of of America (including any Stale thereo•') its (a) territories or possessions or Canada (b) Smeke: (including any Province thereof.) in which the Page 4 of 7 Includes copyrighted malerial of Insurance Services Office, lne. CG 81 86 0319 with its permission 6 of 115 (JLUU1) CG 81 86 03 19 (c) Collapse: or "property damage" to any one premises. (d) Explosion while rented to you, or in the case of damage by fire, lightning, explosion, Under SECTION Ill - LIMITS OF INSURANCE smoke or sprinkler leakage, while rented the following paragraph is added_ to you or temporarily occupied by you Subject to 6. above $100.000 is the most we with permission of the owner_ The limit is will pay under Coverage A for the sum of increased to $1 000,01>3. damages arising out of any one "occurrence" c. Under SECTION IV COMMERCIAL because of "property damage" to "your product" GENERAL LIABILITY CONDITIONS, 4, and your work" that is caused by fire. smoke, Other Insurance, b. Excess Insurance (1) collapse or explosion and is included within Ilse (a) (ii) is replaced with 'product -completed operations hazard". This sublimi*- does not apply to "property carnage" to (it) That is Fire. Lightning. Explosion. ,.your work" if the damaged work or the work Smoke or Sprinkler leakage insurance out of which the damage arises was performed for premises rented to you or temporarily on your behalf by a subcontractor. occupied by you with permission of the 7. Contractual Liability -Railroads owner; a. Under SECTION V - DEFINTIONS, the 1p. Electronic Data Liability following replaces Paragraph c. of a. Under SECTION I - COVERAGES, definition 9. Insured Contract" COVERAGE A - BODILY INJURY AND c. Any easement cr license agreement: PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion b. Under SECTION V -DEFINITIONS, p• Electronic Data and replace it with the Paragraph f.(1) of definition 9. "Insured following: Contract" is deloted This insurance does not apply toy 8. Contractual Liability for Personal and P• Electronic Data Advertising Injury Urrder SECTION I - COVERAGES, COVERAGE B - PERSONAL Damages arising cut of the loss of loss AND ADVERTISING INJURY LIABILITY, of use of, damage to, corruption of. Paragraph 2. Exclusions is amended to delete inability to access or inability to exclusion e. Contractual Liability. manipulate "elecironin data" that does not result from physica' injury to This provision 8. does not apply to any person p tangible property, or organization who otherwise qualifies as an However. this exclusion does not apply adcitional -nsured on this Coverage Part to liability for damages because of 9. Damage to Premises Rented to You "bodi'y injury." a. Under SECTION 1 - COVERAGES, b. Under SECTION III LIMITS OF COVERAGE A - BODILY INJURY AND INSURANCE, the following paragraph is PROPERTY DAMAGE LIABILITY. the Iasi aoded, paragraph of 2. Exclusions is replaced with: Subject to paragraph 5. above; $1 00 000 is It Damage To Premises Rented To You is the most we will pay under Coverage A for not otherwise excluded. Exclusions c. all damages arising out of any one through n. do not apply to damage by fire 'occurrence" because of "property carnage" lightning. explosion smoke or sprinkler that results Irom physical injury to langrble leakage to premises while rented to you or properly and arises out of -electronic ca:a". ,emporarily occupied by you with permission c. Under SECTION V - DEFINITIONS. the of the owner following definition is adced- b. Under SECTION III - LIMITS OF "Electronic data" means informatior: lads INSURANCE Paragraph 6. is replaced with: or programs stored as or on. created cr 6. Subiect to Paragraph 5. above. the used on, or transmitted to or °rom computer Damage To Premises Rented To You software, inc'ucing systems and Limit is the most we will pay under applications software hard or floppy disk,. Coverage A for damages because of CD-ROMS, tapes drives. cells data processing devices or any other media CG 8186 03 19 -nduoes copyrighted material of Insurarce Services Office Inc Page 5 of 7 with its permission, y or'Ib (JLUUL) CG 81 86 0319 which are used with eleclronicaily controlled equipment d. Under SECTION V - DEFINITIONS the definition of 'property damage" is replaced by the following for the purposes of the coverage provided by this endorsement only 17. "Properly damage" means: a. Physical injury 1u langible properly. including all resulting loss of use of that property_ All such loss of use shall be deemed to occur at the time of the physical injury lhal caused it; b. Loss of use of tangible properly that is not physically injured. All such loss of use shall be deemed to occur at the lime of the "occurrence- that caused it. or 12. Incidental Medical Malpractice Liability a. Under SECTION II - WHO 15 AN INSURED. Paragraph 2.a.(1)d, does not apply to nurses. emergency medical technicians or paramedics employed by you arising out of his or her providing or failing to provide professional health care services, but only it such healthcare services are within the scope of their employment by you or are related to or arise out of the conduct of your business. b. T'lis coverage does not apply it you are engaged in the business or occupation of providing professional health care services 13. Knowledge Of An Occurrence Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is acded to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit: c. Loss ot, loss of use of. damage to e. Knowledge of an occurrence. offense, claim corruption of inability to access. or or suit by an agent or employee of any inability to properly manipulate insured shall not in itself constitute "electronic data_" resulting from knowledge of the insured unless you. a physical injury to tangible properly. partner, if you are a partnership: or an All such loss of "electronic data' executive officer or insurance manager if shall be deerned to occur at the you are a corporation receives such notice of time of the "occurrence that an occurrence, offense. claim or suit from caused it the agent or employee. For the purposes of this insurance: f. The requirements in Paragraph b. will not be "electronic data" is not tangible considered breached unless there is property. knowledge of occurrence as oullined in e. If Electronic Data Liability is provicec at a Paragraph e. above. higher limit by another endnrsemenl 14. Liberalization attached to this policy, then the $100 000 If we revise this endorsement to provide more limit provided by this Provision 10. coverage without aoditronal premium charge. we Electronic Data Liability is part of and not w.11 automatically provide the additional coverage in addition to. that higher limit to all endorsement holders as of the cay [tie l 1. Expected or Intended Injury revision is effective in your state. Under SECTION I - COVERAGES, 15. Lost Key Coverage COVERAGE A - BODILIY INJURY AND a. Under SECTION I - COVERAGES, PROPERTY DAMAGE LIABILITY, Exclusion a. COVERAGE A BODILY INJURY AND is replaced by the fo lowing: PROPERTY DAMAGE LIABILITY, a. Expected Or Intended Injury coverage is extended to include the ;Boeily inj.,ry" or -property carnage*' following. expected or intended from Inc slandpoini of if a customer's maste, or grano key. she rnsurec excluding electronic key cart is lost. This exclusion does not apply to 'bodily camaged or stolen while in your care. injury" or -property damage" resulting Irom custody or control we will pay the cost of the use of reasonable iorc;e to protect replacing the keys in,clueing the master lock persons or property and all keys used in the same lock. the cost of adjusting locks to accept the new keys. or the cos; :o replace the locks whichever is less Page 6 of 7 Includes copyrighted material of Insurance Services Office_ Inc.. CG 81 86 03 19 with its permission. 10 of 16 (JLD02) b. Limit of Insurance- For the purpose of this coverage the most we will pay is $ 10.000 pe• occurrence-- 16. Newly Formed And Acquired Organizations a. Under SECTION II - WHO IS AN INSURED, in paragraph 3.a., 90th day is changed to 180111 day. b- This provision does not apply if coverage for newly formed or acquired organizations is excluded either by the provisions of the Commercial General Liability Coverage Form or by any applicable endorsement. 17. Non -Owned Aircraft Under SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Exclusion g. does not apply to an aircraft provided: a. It is hired. chartered or loaned with a pain crew; b. It is not owned by an insured; c. The pilot in command holds a currently ettec!ive license for the particular aircraft being flown. issued by the duly constitutes authority of the Uniled States of America or Canada, designating her or him a commercial airline pilot: and d It is not being used by the insures to carry persons or property for a charge The 'ottowing is added to SECTION IV, COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 4. Other Insurance, paragraph b. Excess Insurance - This Non -Owned Aircraft insurance is excess over any other valid anc colleclible insurance whether prmary, excess (other than insurance written to apply specifically in excess of this policy) contingent or any other basis that would also apply to loss covered under this provision. 16. Non -Owned Watercraft Under SECTION I - COVERAGES, COVERAGE A -- BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph (2) of Exclusior g. is deletes and replaced with CG 81 86 0319 the foliovring (2) A watercralt you co not own that is: (a) Less than 5 1 leel long: and (b) Not being used by the insured 10 carry persons or pioperiy for a charge _ 19. Supplementary Payments Uneer SECTION I - COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGES A AND B Paragraphs 1.b and l.d. are replaced with: b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law vioialions arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the :nsured at our request to assist us in the investigation or defense of the claim or 'suit'. including actua; lass of earnings up to $1,000 a day because of t me off from work 20. Unintentional Failure To Disclose Hazard Under SECTION 1V - COMMERCIAL GENERAL LIABILITY CONDITIONS. Condition 6. Representations the following paragraph is added: d. Your failure to disclose all hazards or prior ''occurrences' or offenses existing as of the inception date of the policy shall not prejudice the coverage aflorded by this policy provided such failure to eisclose all hazards or prior occurrences' cr offenses is nct inienticnal, This prevision does not affect our right to collect adciticnal premium or exercise our right of cancellation or non- -enewal 21. Non -Duplication of Benefits No one will be entilled fo receive duplicate payments for t,ie same elements of loss under any of the cover -aces provided by the Commercial General Liability Coverage Iorm, this endorsement or any other applicable enccrsem enl All terms and conditions of this policy apply unless modified by this endorsement CG 8186 0319 Includes copyrighted material of Insurance Services Office. Inc Page 7 of 7 with its permission 11 of 16 (JLD02) THIS PAGE INTENTIONALLY LEFT BLANK 12 of 16 (JLD02) COMMERCIAL GENERAL LIABILITY CO 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following GOMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added 10 the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and All terms and conditions of this policy apply unless modified by this endorsement. CG 20 01 04 13 ACP GL003057992915 © Insurance Services Office Inc. 2012 L7NO 19365 INSURED COPY Page 1 o1 1 47 0037919 THIS PAGE INTENTIONALLY LEFT BLANK 14 of 16 (JLD02) THIS PAGE INTENTIONALLY LEFT BLANK THIS PAGE INTENTIONALLY LEFT BLANK 16 of 16 (JLD02) 3/24/2021 Washington State Department of Revenue Washington Stag Department of Revenue < Business Lookup License Information: Entity name: WHIRLWIND SERVICES, INC. Business WHIRLWIND SERVICES, INC. name: Entity type: Profit Corporation UBI #: 601-290-616 Business ID: 001 Location ID: 0001 Location: Active Location address: 12930 NE 178TH ST WOODINVILLE WA 98072-5708 Mailing address: 12930 NE 178TH ST WOODINVILLE WA 98072-5708 Excise tax and reseller permit status: Click here Secretary of State status: Endorsements Endorsements held License # hftps://secure.dor.wa.gov/gteunauth/—/#1 2 Click here New search Back to results Page 1 of 4 Filter Count o, tails Status Expiratio First issu. 1/4 3/24/2021 Endorsements held License # Bainbridge Island General Business - Non -Resident Bellingham 059822 General Business Bonney Lake General Business - Non -Resident Burien General Business - Non - Resident Burlington General Business - Non -Resident Chehalis General Business - Non - Resident Covington General Business - Non -Resident DuPont General 4253 Business - Non - Resident Duvall General Business - Non - Resident Edmonds General NR-026538 Business - Non - Resident Washington State Department of Revenue Count L Status Active Active Active Active Active Active Active Active Active Active Expiratio First issu, Dec-31-2 Dec-05-2 Nov-30 Dec-31-2 Aug-20 Feb-28-2 Feb-18-2 Dec-31-2 Dec-10-2 Dec-31-2 Dec-09-2 Dec-31-2 May-31 Dec-31-2 Nov-22 Dec-31-2 Dec-09-2 Dec-31-2 Jul-30-2C hftps://secure.dor.wa.gov/gteunauth/_/#12 2/4 3/24/2021 Washington State Department of Revenue Endorsements held License # Count Details Status Expiratio First issu+ Ellensburg Active May-31 Jun-01-2 General Business - Non -Resident Federal Way 08-102195-00 Active Dec-31-2 May-09 General Business - Non -Resident Fife General Active Dec-31-2 Nov-21 Business - Non - Resident Gig Harbor Active Dec-31-2 Aug-18 General Business - Non -Resident Issaquah General Active Dec-31-2 Aug-13 Business - Non - Resident Governing People May include governing people not registered with Secretary of State Governing people HOLM, MAEGEN NELSON, ANDREW WEINERT, ALICIA WEINERT, DAV E WEINERT, MATT WEINERT, TIMOTHY https://secure.dor.wa.gov/gteunauth/_/#12 3/4 3/24/2021 Registered Trade Names Washington State Department of Revenue Registered trade names WHIRLWIND CLEAN AND GREEN Status First issued Active Feb-06-2012 View Additional Locations The Business Lookup information is updated nightly. Search date and time: 3/24/2021 8:39:23 AM Contact us How are we doing? Take our survey! Don't see what you expected? Check if your browser is supported https://secure.dor.wa.gov/gteunauth/_/#12 414 RETURN TO: Mary Jaenicke EXT: 6901 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: Parks Administration 2. ORIGINATING STAFF PERSON: Steve lkerd EXT: 6911 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 © 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: Parking Lot vacuuming 6. NAME OF CONTRACTOR: Whirlwind Clean & Green ADDRESS: 12930 NE 178th Street, Woodinville, WA 98072 TELEPHONE 425-508-0736 E-MAIL: matt@—cng.com FAX: SIGNATURE NAME: !ti ' TITLE Business Development Director/Principal 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 8. TERM: COMMENCEMENT DATE: upon Signature COMPLETION DATE: 12/31/2020 9. TOTAL COMPENSATION $ 41,820.00 + $4,182 = $46,002.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ONO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED DYES ONO IF YES, $ 4,192.00 PAID BY. ❑ CONTRACTOR © CITY RETAINAGE: RETAWAGE AMOUNT: N/A ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED it PURCHASING: PLEASE CHARGE TO: 001-7100-331-576-80-480 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED A PROJECT MANAGER 1 C• 31 • la ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW t"� 8 NOV Zo t 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: N/A COUNCIL APPROVAL Dt�TE: N/A 12 CONTRACTOUTING I ❑ ACTOR DATE SENT: I DATE REC'D:1 SENTT TO VENDOR/CONTRACTOR OR/CONTR ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED LAW DEPARTM NT- de 17 v2c jSIGNATOR (MAYO R DIRECTOR) 2-111-1 ❑ CITY CLERK ❑ ASSIGNED AG# AG# ❑ SIGNED COPY RETURNED DATE SENT: IZ 2a COMMENTS: 2/20I7 ` CITY OF CITY HALL 3332 �...-, Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wtaw. cityoffedera hvay— corn MAINTENANCE AGREEMENT FOR PARKING LOT VACUUMING This Maintenance Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Whirlwind Services, Inc., a 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: WHIRLWIND SERVICES, INC.: Maegen Holm 12930 NE 1781h Street Woodinville, WA 98072 425-697-4373 (telephone) com The Parties agree as follows: CITY OF FEDERAL WAY: Steve Ikerd 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 253-835-6911 (telephone) (253) 835-6969 (facsimile) Steve.ikerd@cityoffederalway.com 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, 2020 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 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 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 Ins ep ction. 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 MAINTENANCE AGREEMENT - 1 - 3/2017 OiY Of � Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wimw cllyofPederalwly corn 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 complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. 4.4 Non-ARropriation 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 E4yment: 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. MAINTENANCE AGREEMENT - 2 - 3/2017 UTY OF CITY HALL ,.� Feder Fed a ra I Way 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 avww cityoffecteralwnycom 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 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. INSURA.NCE. 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. MAINTENANCE AGREEMENT - 3 - 3/2017 ` CITY OF CITY HALL Federal Way Sth Avenue South Feder Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway can 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 "C" 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. 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 Safe . 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 MAINTENANCE AGREEMENT - 4 - 3/2017 CITY OF CITY HALL 8th Avenue South A%AFederal Way. WA 98003-6325 Fed e r a l Way (253) 835-7000 www crryoffedernlwny. corn 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 shall be subject to the City's general right of inspection to secure satisfactory completion 10.4 Prevailing Wages. 10.4.1 Wages of Employee . This Agreement is subject to the minimum wage requirements of Chapter 39.12 of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to be paid to any of Contractor's laborers, workers and/or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington, which current "prevailing rates of wage" are attached hereto as Exhibit "D" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates that are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. 10.4.2 Aereements Exceeding One Year. Pursuant to WAC 296-127-023, or hereafter amended, the City agrees to pay any increase in the current prevailing wages if and when this Contract is extended provided that the term of the Contract exceeds one year. The City further agrees to pay the current prevailing wages at the time of additional yearly extensions, and the Contractor agrees to pay its employees the increased prevailing wage. 10.4.3 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Agreement do not apply to: Sole owners and their spouses; any partner who owns at least 30% of a partnership; the President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 10.4.4 Reporting, Requirements. Contractor shall comply with all reporting requirements of the Department of Labor and Industries of the State of Washington. Upon the execution of this Agreement, Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion of the Work, Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. 10.4.5 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 MAINTENANCE AGREEMENT - 5 - 3/2017 CITY OF CITY HALL 33325 �.., 8th Avenue South Federal Way, WA 98003-6325 Federal Way (253) (253) 835-7000 www 0yoffederalway com 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 Interpretation 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 ofthe 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 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 ofthis Agreement and each and all ofits 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, MAINTENANCE AGREEMENT - 6 - 3/2017 CITY OF CITY HALL Federal Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway coin 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 may be 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 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] MAINTENANCE AGREEMENT - 7 - 3/2017 CITY OF CITY HALL Federal Way Feder l Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www. aryo rlederel way. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF F-EBEibAL WAY: By: Jim F DATE: — PL-/�-7h-7 WHIRLWIND SERVICES INC. By: �— Printed N Title: () [ &)r e,,- DATE: IZ 1 IZ' 1 Zyl—I STATE OF WASHINGTON ) ) ss. COUNTY OF ATTEST: Sqhdnie Courtney, CM , ity Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney SAGA L BROWN Notary Public State of Washington My Commission Expires November 02, 2019 On this day personally appeared before meM �t1 P ✓, to me known to be the of tv-kwkoc. SttXego that executed the foregoing instrument, and 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. GIVEN my hand and official seal this I'LA day of 20f Notary's signatur Notary's printed n �l Notary Public in and for the State of Washington. My commission expires \\ 1 IN2, 17,D 8 MAINTENANCE AGREEMENT - 8 - 3/2017 ` CITY OF CITY HALL ,'*...- Federal Way Feder 8th Avenue South Federal Way. WA 98003-6325 (253) 535-7000 www cayoffederalway com EXHIBIT "A" SERVICES The Contractor shall do or provide the following: A. The following specifications are intended to cover the cleaning and sweeping operations of the various surface parking lots, entrances and plaza areas of the City's Public Parking Facilities with routine frequencies schedules as listed in Table 1 below. B. Complete cleaning: Each complete cleaning shall include; blowing, sweeping, vacuum, pick-up, and removal by whatever means necessary of all trash, debris, dirt, mud, and any other foreign material (except snow and ice) from the paved portions of each parking lot, entrance and plaza. The standard for said complete cleaning shall ne no visible evidence of said trash, debris, dirt, mud, or other foreign materials in corners, associated curbs, and the respective portion of the completion of each cleaning. The Parks & Facilities Manager, Director, or other designated representative shall be the final authority on whether standards have been met. All materials removed shall be disposed of at a site designated or approved by the City. SPECIFICATIONS A. The Contractor will furnish all labor, tools, specialized equipment, materials, and disposal of waste material generated by the work, unless other arrangements have been made with the Contract Administrator or appointed designee. B. All fieldwork shall be performed under the supervision of a qualified employee. Laborers will be skilled working with equipment and cleaning products. C. The Contractor will ensure that employees comply with all applicable City of Federal Way and Washington State regulations and practices with respect to work performed for the City of Federal Way. D. The Contractor's personnel will conduct themselves on site in a professional manner at all times. E. The Contract Administrator or appointed designee will inspect work performed by the Contractor. In the event of work performance deficiencies, the Contract Administrator will notify the Contractor. Notification may be verbal or written. The City may choose to: Require the Contractor to rectify the deficiency within 48 hours, or hold payment. F. Report any damage, or potential hazard, involving City property immediately to the City of Federal Way Parks Department, (253) 835-2700. After hours emergencies should be reported to the Police/Fire Communications Center - 911. G. Hazardous conditions shall be immediately remedied or secured to prevent further damage and/or protect public from injury. It is the Contractor's responsibility to provide close supervision of operations and MAINTENANCE AGREEMENT - 9 - 3/2017 .:§CITY OF �, Federal management of the site. CITY HALL Way Feder l Avenue South Federal Way, WA 98003-6325 (253)835-7000 tivww cityoffederalway, corn H. Incidents, altercations, or accident involving the public shall be reported to the Contract Administrator within 24 hours. The Contract Administrator, at his or her discretion, may require a written report from the Contractor describing the incident or accident. Contractor will coordinate with the Parks Department when all work is to be performed. Routine work to be performed at times when few to no vehicles are in the parking lot. Blow around vehicles prior to clean. All technicians, operators and Supervisors who will be on secured properties must be in a Company identifiable uniform and must be able to pass a background check. K. Managers and support personnel shall be available 24/7 L. All company vehicles must have signage identifying the Company. Table 1: Parking lot cleaning frequency schedule Location Jan Feb Mar Apr May Jun Jul AugSep.Oct Nov Dec City Hall 1 1 1 1 1 1 1 1 1 2 2 1 City Hall north lot 1 1 1 1 1 1 BPA trail lot 1 1 1 1 1 1 Celebration Park 1 1 1 1 1 1 Dumas Bay Sanctuary Park 1 1 1 1 1 1 French Lake Park 1 1 1 1 1 1 Lakota Park 1 1 1 1 1 1 Palisades Park 1 1 1 1 1 1 Saca'awea Park 1 1 1 1 1 1 Sa halie Park 1 1 1 1 1 1 Steel Lk Annex 1 1 1 1 1 1 Steel Lk Park 1 1 1 1 1 1 Town Square Park West H lebos Wetlands 1 1 1 1 1 1 Performing Arts & Event Center requested Dumas Bay Centre requested FW Community Center requested MAINTENANCE AGREEMENT - 10 - 3/2017 CITY OF CITY HALL .,; Feder Federal Way Avenue South Federal Way, WA 98003-6325 (253)835-7000 vvmv cayoffederalway. con) EXHIBIT "B" COMPENSATION Total Compensation: In return for the Services, the City shall pay the Contractor a total amount not to exceed Forty -One Thousand Eight Hundred Twenty and No/100 Dollars ($41,820.00) and Washington State sales tax equal to Four Thousand One Hundred Eighty -Two TbousairTand No/100 Dollars ($4,182.00) for a total of Forty -Six Thousand and Two and No/100 Dollars ($46,002.00). Method of Compensation: Estimated Visits Estimated Annual Amount BPA Trail parking S 324th St. $28.00 8 $224.00 City Hall $149.50 16 $2,392.00 City Hall North Parking Lot $49.00 8 $392.00 Dumas Bay Centre $93.00 2 $186.00 Dumas Bay Sanctuary $28.00 8 $224.00 French Lake Park $43.00 8 $344.00 FW Community Center $97.00 8 $776.00 Lakota Park $37.00 8 $296.00 Celebration Park $279.00 10 $2, 790.00 Palisades Park $19.00 8 $152.00 Sacajawea ark $85.00 8 $680.00 Saghalie Park (upper east lot) $59.00 8 $472.00 Steel Lake Park $174.00 10 $1,740.00 Steel Lake Annex $45.00 8 $360.00 Town Square Park $45.00 10 $450.00 West Hylebos Park $19.00 8 $152.00 PAEC $85.00 16 $1,360.00 sub total $1,334.50 $12,990.00 Additional hourly Service $95.00 10 hrs $950.00 total yr $13,940.00 MAINTENANCE AGREEMENT - 11 - 3/2017 CITY OF ,. Federal Way BUSINESS REGISTRATION -License Number 20-08-102195-00-BL Non -Resident Business Registered: WHIRLWIND SERVICES INC 6801 216TH ST SW MOUNTLAKE TERRACE WA 98043 Expires: 12131/2017 Category: 1700 - Contractors- Special Trade Conditions: This license is non. -transferable. Please notify the City Clerk's office of any change in your business such as a new location or business name. •coa_oanU: SEAL b./ Z' City Clerk, City of Federal Way This certifies that the.above entity has been issued She registration or license listed. City of Federal Way Licensing FEDERAL WAY WA 98003 JAY ROLLIS TIM WEINERT PRES. WHIRLWIND SERVICES IN 6801 216TH St . SW MOUNTLAKE TERRACE WA 98043 A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDYYY) DA/Y 11/22/2017 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 Parker, Smith 8r Feek, Inc. CONTACT NAME: PHONE 425-709-3600 FAX 425-709-7460 A/c No 2233 112th Avenue NE Bellevue, WA 98004 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Depositors Insurance Co. INSURED Whirlwind Services Inc INSURER B : 12930 NE 178th St INSURER C : INSURER D : Woodinville, WA 98072 INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY X ACP3027992915 11/20/2017 11/20/2018 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 CLAIMS -MADE Fx_] OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 $ POLICY X PRO LOC AUTOMOBILE LIABILITY ACP3027992915 11/20/2018 COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON OWNED 1HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERTLIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N /A ACP3027992915 WA Stop Gap Only 11/20/2017 11/20/2018 WC STATU- X OTH- Y LIMITSEfi E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Maintenance Agreement for Parking Lot Vacuuming. City of Federal Way is additional insured and coverage Is primary and non-contributory on the general liability policy per the attached endorsements/forms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Federal Way AUTHORIZED REPRESENTATIVE 33325 8th Ave S. Federal Way, WA 98003-6325 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 1 of 3 (TG1300) COMMERCIAL GENERAL LIABILITY CG 72 46 11 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to a. All work, including material, parts or include as an additional insured: equipment furnished in connection with Ongoing Operations such work, on the project (other than 1. Any person or organization for whom you are service, maintenance or repairs) to be performed by or on behalf of the performing operations when you and such additional insured(s) at the location of the person or organization have agreed in writing covered operations has been completed: in a contract or agreement that such person or or organization be added as an additional insured on your policy; and b. that operation of "your work" out of which 2. Any other person or organization you are the injury or damage arises has been put to its intended use by any person or required to add as an additional insured organization other than another under the contract or agreement described in contractor or subcontractor engaged in Paragraph 1. above. performing operations for a principal as a Such person(s) or organization(s) is an additional part of the same project. insured only with respect to liability for "bodily B. Section II — Who Is An Insured is amended to injury", "property damage" or "personal and include as an additional insured: advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or Products —Completed Operations b. The acts or omissions of those acting on Any person or organization with whom you have agreed in writing in a contract or agreement that your behalf; such person or organization be added as an in the performance of your ongoing operations for additional insured on your policy with respect to the additional insured. liability for "bodily injury" or "property damage" However, the insurance afforded to such caused, in whole or in part, by "your work" additional insured described above: performed for such person or organization and a. Only applies to the extent permitted by included in the "products -completed operations law; and hazard". b. Will not be broader than that which you However, the insurance afforded to such are required by the contract or agreement additional insured described above: to provide for such additional insured. a. Only applies to the extent permitted by A person's or organization's status as an law; and additional insured for ongoing operations ends b. Will not be broader than that which you when your operations for the person or are required by the contract or agreement organization described in Paragraph 1. above are to provide for such additional insured. completed. C. With respect to the insurance afforded to these With respect to insurance afforded to these additional insureds, this insurance does not apply additional insureds for ongoing operations, this to "bodily injury", "property damage" or "personal insurance does not apply to "bodily injury" or and advertising injury" arising out of the rendering "property damage" occurring after: CG 72 46 11 15 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 2 with its permission. 2 of 3 (TGB00) CG72461115 of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or E. 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1. or Paragraph B.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. With respect to the insurance afforded to these additional insureds, the following is added to Section IV — Commercial General Liability Conditions, Condition 4. Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All terms and conditions of this policy apply unless modified by this endorsement. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc. CG 72 46 11 15 with its permission. 3 of 3 (TGB00) Corporations: Registration Detail - WA Secretary of State Page 1 of 1 WHIRLWIND SERVICES, INC. LIBI Number 601290616 Category REG Profit/Nonprofit Profit Active/inactive Active State Of Incorporation WA WA Filing Date 12/24/1990 Expiration Date 12/31/2017 Duration Perpetual Registered Agent Information Agent Name ANDREW NELSON Address 12930 NE 178TH ST City WOODINVILLE State WA '.ZIP '�980725708 Governing Persons(asdefined in RCW23.95.105 (12)(ht4V/appJeg.Wagon/RCW/Supdebul mpx?ote=23.95.1O5)) Title Name Governor WEINERT, TIMOTHY Governor ANDREW , NELSON https://www.sos.wa.gov//corps/search_detail.aspx?ubi=601290616 10/26/2017