HomeMy WebLinkAboutPW08-009 - Original - AAGRO, Inc. - Tree Services - 04/30/2008 Records Manag� ernent
KENT Document
WASMINOTON
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact City Clerks Office.
Vendor Name: Vendor Number: 3 3 3
JD Edwards Number
Contract Number: ��� $- 00
This is assigned by Deputy City Clerk
Description: Avld�' Ty
Detail:
Project Name:
Contract Effective Date: 7 3� Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Department:
Abstract:
S:Public\RecordsManagement\Forms\ContractCover\ADCL7832 07/02
PUBLIC WORKS OPERATIONS
Donald C. Millett
Operations Manager
220 4th Avenue South
KE N T Kent, WA 98032-5838
WAS.INGTON Fax: 253-856-6600
PHONE: 253-856-5600
May 1, 2008
Mr. Chris Murphy
Aagro Inc.
1021 South 312th Street
Federal Way, WA 98003
Dear Mr. Murphy:
We have received the two signed originals of the contract between Aagro Inc.
and the City of Kent for tree service at 715 East Tacoma Street (take down large
maple cluster) and at 24804 23rd Avenue (take down two fir trees) the Kent. We
have also received your updated proof of insurance. The two contract originals
been signed by our Public Works Operations manager, and we are ready to have
you proceed with the work.
Enclosed is one fully signed original for your records. In the meantime, if you
have any questions, feel free to call me at 253-856-5600.
Sincerely,
Ys �
f
cott Schroeder
Street Vegetation Field Supervisor
SS:rcb
Enclosure: Public Works Agreement between
the City of Kent and Aagro Inc. for
Tree Service at Two Locations in Kent
ra
C
U
• MAYOR SUZETTE COOKE
P.Operations\PWOpsContracts\CovLetSignedContract2008TreeServiceTwoKentLocisof Kent Public Works Department
Larry R. Blanchard, Public Works Director
3
KENT
WASHINQTON
GOODS & SERVICES AGREEMENT
FOR
ORDINARY MAINTENANCE
between the City of Kent and
AAGRO INC.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and AAGRO, Inc. organized under the laws of the State of
Washington, located and doing business at 1021 South 312th Street; Federal Way, WA 98003,
phone: 253-839-1161 (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following
services for the City:
1) Tree service at 715 East Tacoma Street in Kent: Take down, large maple cluster.
2) Tree service at 24804 23rd Avenue in Kent: Take down two fir trees
Included in the tree services listed in 1) and 2) above are the following:
Clean up, chip all branches, rake and blow. Cut wood into 16-18" rounds and move
wood to a designated sight. Grind out stumps 10 inches below grade.
Vendor acknowledges and understands that it is not the City's exclusive provider of these
goods, materials, or services and that the City maintains its unqualified right to obtain these
goods, materials, and services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall
complete the work and provide all goods, materials, and services by May 31, 2008.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Six
thousand five hundred fifty ($6,550.00), including applicable Washington State Sales Tax, for
the goods, materials, and services contemplated in this Agreement. The City shall pay the
Vendor the following amounts according to the following schedule:
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 1
(Under$10,000.00, including WSST)
Upon completion of the work and acceptance by the Vegetation Management
Supervisor, Contractor will invoice the City of Kent. The City of Kent will pay the
invoice in full within thirty (30) days of receipt of the invoice.
If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves
the option to only pay that portion of the invoice not in dispute. In that event, the parties will
immediately make every effort to settle the disputed portion.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment
from Vendor for any defective or unauthorized goods, materials or services. If
Vendor is unable, for any reason, to complete any part of this Agreement, the City
may obtain the goods, materials or services from other sources, and Vendor shall
be liable to the City for any additional costs incurred by the City. "Additional costs"
shall mean all reasonable costs, including legal costs and attorney fees, incurred by
the City beyond the maximum Agreement price specified above. The City further
reserves its right to deduct these additional costs incurred to complete this
Agreement with other sources, from any and all amounts due or to become due the
Vendor.
B. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY
MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR
FINAL PAYMENT IS MADE.
IV. PREVAILING WAGES. Vendor shall file a "Statement of Intent to Pay Prevailing
Wages," with the State of Washington Department of Labor & Industries prior to commencing
the Contract work. Vendor shall pay prevailing wages in effect on the date the bid is accepted or
executed by Vendor, and comply with Chapter 39.12 of the Revised Code of Washington, as well
as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision
issued by the Department of Labor and Industries is attached.
V. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement and that the Vendor has the
ability to control and direct the performance and details of its work, the City being interested
only in the results obtained under this Agreement.
VI. 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.
VII. CHANGES. The City may issue a written change order for any change in the
goods, materials or services to be provided during the performance of this Agreement. If the
Vendor determines, for any reason, that a change order is necessary, Vendor must submit a
written change order request to the person listed in the notice provision section of this
Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 2
(Under$10,000.00, including WSST)
should have known of the facts and events giving rise to the requested change. If the City
determines that the change increases or decreases the Vendor's costs or time for performance,
the City will make an equitable adjustment. The City will attempt, in good faith, to reach
agreement with the Vendor on all equitable adjustments. However, if the parties are unable to
agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor
shall proceed with the change order work upon receiving either a written change order from the
City or an oral order from the City before actually receiving the written change order. If the
Vendor fails to require a change order within the time allowed, the Vendor waives its right to
make any claim or submit subsequent change order requests for that portion of the contract
work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the
change order work; however, the Vendor may elect to protest the adjustment as provided in
subsections A through E of Section VII, Claims, below.
The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. A change order that
is accepted by Vendor as provided in this section shall constitute full payment and final
settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
VIII. CLAIMS. If the Vendor disagrees with anything required by a change order,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Vendor may file a claim as provided in this
section. The Vendor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Vendor knew or should have known of the facts or events giving
rise to the claim, whichever occurs first . Any claim for damages, additional payment for any
reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively
deemed to have been waived by the Vendor unless a timely written claim is made in strict
accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred
as a result of the asserted events giving rise to the claim. The City shall have
access to any of the Vendor's records needed for evaluating the protest.
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 3
(Under$10,000.00, including WSST)
The City will evaluate all claims, provided the procedures in this section are
followed. If the City determines that a claim is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall
proceed promptly to provide the goods, materials and services required by the City
under this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Vendor also waives any additional entitlement and accepts from the City any
written or oral order (including directions, instructions, interpretations, and
determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures
of this section, the Vendor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM
THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT
SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY
LIMITATIONS PERIOD.
X. WARRANTY. This Agreement is subject to all warranty provisions established
under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants
goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and Vendor's representations to City. The Vendor
shall correct all defects in workmanship and materials within one (1) year from the date of the
City's acceptance of the Contract work. 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 Vendor shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Vendor does not accomplish the corrections within a reasonable time as
determined by the City, the City may complete the corrections and the Vendor shall pay all costs
incurred by the City in order to accomplish the correction.
XI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on
behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates.
Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy
Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract
work, file the attached Compliance Statement.
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 4
(Under$10,000.00, including WSST)
XII. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Vendor's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Vendor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
Agreement.
XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit A attached and
incorporated by this reference.
XIV. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors
in the performance of the contract work and shall utilize all protection necessary for that
purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any
loss of or damage to materials, tools, or other articles used or held for use in connection with the
work.
XV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, in addition to any other recovery or award provided by law;
provided, however, nothing in this paragraph shall be construed to limit the City's right to
indemnification under Section XII of this Agreement.
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 5
(Under$10,000.00, including WSST)
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Vendor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
VENDOR: CITY OF KENT:
By: - By: &ALLl..%
(Sig!yj44y_a41
(signat re)
Print Name: Print Name: Donald C. Millett
Its: Its: Public Works Operations Manager
Wr Z
itle) (Ti le
DATE: D DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
Chris Murphy Scott Schroeder
Aagro Inc. City of Kent
1021 South 312th Street 220 Fourth Avenue South
Federal Way, WA 98003 Kent, WA 98032
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 6
(Under$10,000.00, including WSST)
(253) 839-1161 (telephone) (253) 856-5600 (telephone)
(206) 219-1106 (facsimile) (253) 856-6600 (facsimile)
P Operations\PWOpsContracts\Street\Aagro2008TreeServiceTwoLocatlons4-08
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 7
(Under$10,000.00, including WSST)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of , 200_.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1 of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE,STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on the
(date) , between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of , 200
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3 of 3
Mar 21 08 01 : 44p
Exhibit A—Scope of Work
AAGRO INC.
1021 South 312th Strcct,Frdeml Wsy, Wk. 98003
'rEL:253-839-1161 FAX:206-219-1106
E-MAIL:chris@aagro.com
Contractors#AAGROI-021 LA
March 21, 2008
Joe Codiga
City of Kent/Public Works Operations
5821 South 240' Street
Kent, WA 98032
Voice: 253-856-5674
Cell: 253-275-7717
Fax: 253-856-6600
Dear Joe,
Here are the price quotes you requested:
Tree service Cai!715 Fast Tacoma St., Kent WA
A) Take down large maple cluster.
i. Chip all branches, complete clean up, rake & blow.
ii. Cut and remove all wood.......... .. . ............................................:......4376.
Tree service 0-24804 23 d Ave.. Kent WA
A) Take down (2)fir trees.
1. Chip all branches, complete clean up, rake& blow.
ii. Cut and remove all wood......................................................................1826.
Note: This is a prevailing wag6 job. 5/1 0
Thank you for your consideration, if you have any questions please call me
anytime on my cell phone at 253-653-8733 or at the office- 253-839-1161,
Sing rely„
Cs Murphy
253-653-8733
r
EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA'00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liability coverage.
2. Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, independent contractors,
products-completed operations, personal injury and
advertising injury, and liability assumed under an insured
contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement
ISO form CG 25 03 11 85. There shall be no endorsement or
modification of the Commercial General Liability
insurance for liability arising from explosion, collapse or
underground property damage. The City shall be named as
an insured under the Contractor's Commercial General
Liability insurance policy with respect to the work performed
for the City using ISO additional
insured endorsement CG 20 10 11 85 or a substitute
endorsement providing equivalent coverage.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $1,000,000
general aggregate and a $1,000,000 products-completed
operations aggregate limit.
P Operations\PWOpsContracts\Street\ExhibitBInsRegAagroContract4-08TreeRemovalTwoLocations
rr
EXHIBITS (Continued )
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the
following provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect
the City. Any Insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and
shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the contractor and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Contractor's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating
of not less than AWII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of
the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
same insurance requirements as stated herein for the Contractor.
P Operations\PWOpsContracts\Street\ExhibitBInsRegAagoContract4-08TreeRemovalTwoLocations
L04/28/21008 16:32 2534738862 AUTA PAGE 01/03
co�D CERTIFICATE OF LIABILITY INSURANCE 4 22�20 9
PRODUCER (253)473•-1415 FAX: (253)473-8862 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
American Underwriters Insurance HOLDER.
AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
6429 South Tacoma Way ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Tacoma. WA 98409 INSURERS AFFORDING COVERAGE NAIL#
INSURED INSURERA•Red Shield InnurannCA Cc%
AA,GRO Tree Service, Inc. INSURERB•Pr0 reasive Northwestern 42919
1021 South 312th Street INSURERC:
INS RER ;
Federal Way WA 98003 INSURERE:
THE POLICIES OF INSURANCE LIBTL•D DrLOW HAVE BEEN ISSUED TO THE INSUKtU 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,
INSR AWL TYPE OF INSURANCE POLICY NUMBER O�iMMY EF�� POLICY MM Ilpp N LIMITS
GENERAL LIABILITY B 1 000,000
N
MMa,RCIALOENErIALUAOILITY ARFNTL•D $ 100,000
ACLAIMS MADE DOCCUR CNT013784 4/26/2008 4/26/2009 An „ S 5,000
P , 1,000,00n
TI= $ 2,000,000
GUYL AGGREGATE LIMITA11PUES PER Included
X PRO- I��
AUTOMOBILE LIABILITY COMBINEDSINGLEUW S 1,000,000
ANY AUTO (Ea eccldenQ
8 ALLuWNW)AUTOS 1944944-6 12/23/2007 6/23/2008 BODILY INJURY -
(Per person)
X SCHEDULFO AUTOS
$
X HIRED AUTOS BODILY IN.IUHY $
X NON-OWNED AUTOS (Par accident)
PROPERTY DAMAGE y
(Por accldenl)
GARAGE UABILRY No aovaxage AUTO N -EA ACCIDENT $
ANY AUTO 074EI7 MIAN rA AA
AUTO ONLY:
EXCESSIUMBRELLA LIABILITY No Coverage EACH Me-CURSEbIrF
OCCUR CLAIIae MADC
DEDUCTIBLE
h
A WORKERS COMPENSATION AND CNT013794 4/26/2009 4/26/2009 °
EMPLOYERS•LIABILITY
ANYPRWVRIFTnP1pARTnIERj5xGCVTNE UK States &tap ARr% S.L. NNI II 1,000,000
OPPICER/MEMBER EXCLUDED? F ISEAN--ELEMP-LOYES 1 1,000,000
Nyea,deswba under
2,000,00
OTHPR
DESCRIP17ON OF OPERATiONSILOCATTONSAIENICLESIEXCLUSIONS ADDED BY ENDORUMENTISPECUAL PROVISIONS
Certificate holdex is listed as an additional insured with regards to 64neral Liability per Red Shield Posen CG 20 10
07 04, attached.
CE '11FICATE HOLDER CANCELLATION
(253)OSS-6600 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES, BE CANCELLED BEFORE THE
City of Kent EXPIRATION 0AT4 THEREOF, THE IOOVIN® INSURER VNALL ENDEAVOR TO MAIL
220 4th Ave South 10 DAYS WRITTEN N0110E TO TNR CERTI(IOATE HOLDER NAMED To THE LEFT,BUT
Kent, WA 98032 PAILURH TO DO 90 SHALL IMPOSE NO OBUGA71014 OR LIABILITY OF ANY KIND UPON THE
INSURER Its G N DR E EE � /
AUTHORED R ATV J
,CORD 25(2001/00) /���� 0ACORD CORPORATION 1958
48025(olos),oea
04/28/2008 16:32 2534738862 AUTA PAGE 02/03
IMPORTANT
if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this
ctwillludte does not confer rights to the certitcate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, sub1ect to the terms and rnnrlirinns of the policy, certain poltciee may roquire an
endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such
endorsement(s).
DISCLAIMER
The C®rticate of Ineuranco on the reverse side of this form Jueu not constitute a contract t)etween the issuing
insurer(s), authorized representative or producer, and the*cerfificate holder, nor does it affirmatively or negatively
amend,extend or alter the coverage afforded by the policies listed thereon.
WORD 25(2001108)
4SO25(oloa)osa Page 2 of 2
d4128/2008 16:32 2534138862 AUTA7*' rRur- oa.w
J.. iV.Vv a•n,1 V.Y 44V VV1! j(Nr,V ,IMAULD INS, 10002
POLICY NUMBER. CNT 013784 'COMMERCIAL GENERAL
CG 2010 07 04
THS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS. - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENEi2AI,LIABILITY COVERAGE PART
SCWI.DUL>E
N Of AddlMonal jLsnxed Pa s Or aniza ' n: Lo 'on s Cavcw•ed Ouetions
CITY OF KENT All locations where the insured performs
220 4TH AVE S
KENT,WA, 98032 ongoing business operations.
Info ion re aired to coin lire this Schedule ifnpt shown bove w' be show in the
A. Section II . Who Is An Inanrred is acucuded to D. With respect to the insurance afforded to these
include as an additional insured the person(s) or additional insureds, the following additional
organization(s) shown iel 030 Schedule, but only with exclwinws apply:
respect to liability for "bodily injury". "propelty
dasnagz'or"pemonal and advetdsing injury"caused, This insurancedamarn dues not apply to "bodily injury" or
in whole or in part,by: '.property'.propertydage"occurring after:
1. Your acts or omissions;or (1)All work,including materials.parts or equipment
famishc;d in counr,WAon with milcb work, on the
2. The acts or omission of thoso acting on your project (other than service, maintenance or
behalf; repairs) to be performed by or on the behalf of
the additional insurcd(s) at the location of the
in the performance of your ongoing operations for covered operations has been completed;or
the additional insured(s) at the locations) designated
QbrSVC,
(2)That portion of "your work" out of which the
injury or damage Ian -ea bas bccn put to its.
intended use by any person or organization other
than, another contractor or sub- contractor
mixaged in perkrming opeirabono for a principal
as a part of the sari project.
CG 20 10 07 04 Copyright.ISO Properties,Inc.,2004 Page 1 of 1 0