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PK09-064 - Original - All Around fence Company - Riverbend Golf Course Fence Project - 02/27/2009
ecords Manage ImM' Nt! � O KEN W A9HINGTON Document 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 Clerk's Office. Vendor Name: �► btAVN { FC V1Cc Co Vendor Number: 3 3 7 3 `� JD Edwards Number Contract Number: ego 1g— 00 This Is assigned by City Clerk's Office L Project Name: R�vefbt hol C-7o (ftk✓Se Ff n Ce Pro,)' e c7 Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment 01-contract ❑ Other: Contract Effective Date: ti t z1 I q Termination Date: y 13 1D q Contract Renewal Notice (Days): zr- Number of days required notice for termination or renewal or amendment Contract Manager: 1o,21 Vov,,xffi Department: Pgrr-S Detail: (i.e. address, location, parcel number, tax id, etc.): CKt z�a S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 k CONTRACT THIS AGREEMENT, made in triplicate, is entered into between the CITY OF KENT, a Washington municipal corporation ("City"), and All Around Fence Company, organized under the laws of the State of Washington, located and doing business at PO Box 1029 Ravensdale WA 98051: P: 253-863-4895 ("Contractor"). WITNESS: In consideration of the terms and conditions contained herein and attached and made a part of this Agreement, the parties agree as follows: 1. The Contractor shall do all work and furnish all tools, materials, and equipment for: Riverbend Golf Course Fence Project in accordance with and as described in the Contract Documents and shall perform any alterations in or additions to the work provided under the Contract Documents and every part thereof. The Contract Documents shall include all project specifications, provisions, and plans; the City's general and special conditions; the 2006 Standard Specifications for Road, Bridge, and Municipal Construction, as prepared by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association, including all published amendments issued by those organizations, if applicable ("Standard Specifications"); the City's bid documents; and the Contractor's response to the City's bid. Unless otherwise directed by the City, work shall start within ten (10) days after the City issues its Notice to Proceed and be completed within 45 calendar days. The Contractor shall provide and bear all expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in the Contract Documents and every part thereof, except as mentioned in the specifications to be furnished by the City. 2. The City hereby promises and agrees with the Contractor to employ, and does employ, the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the Contract Documents and the terms and conditions herein contained and hereby contracts to pay for the same according to the Contract Documents and the schedule of unit or itemized prices provided by Contractor in its response to the City's bid, at the time and in the manner and upon the conditions provided for in the Contract Documents. 3. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all covenants herein contained upon the part of the Contractor. 4. It is further provided that no liability shall attach to the City by reason of entering into this contract, except as expressly provided herein. 5. Contractor shall defend, indemnify, and hold the City, its officers, officials, employees, agents, volunteers and assigns 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 performance of this contract, except for injuries and damages caused by the sole negligence of the City. 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. Should a court of competent jurisdiction determine that this contract 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, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'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 contract. 6. Contractor agrees, upon the City's written demand, to make all books and records available to the City for inspection, review, photocopying, and audit in the event of a contract related dispute, claim, modification, or other contract related action at reasonable times (not to exceed three (3) business days) and at places designated by the City. 7. The Contractor shall procure and maintain, during the term of construction and throughout the specified term of maintenance, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. 8. Contractor is responsible for locating any underground utilities affected by the work and is deemed to be an excavator for purposes of RCW Ch. 19.122, as amended. Contractor shall be responsible for compliance with RCW Ch. 19.122, including utilization of the "one call" locator service before commencing any excavation activities. 9. Contractor shall fully cover any and all loads of loose construction materials, including but not limited to sand, dirt, gravel, asphalt, excavated materials, construction debris, etc, to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the City. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first hereinabove written. CITY OF KENT BY: U ET COOKE, MAYOR DATE: 7 ATTEST: BRENDA JACOBER, C13Y CLERK GROtS TO FORM: ( K DEPARTMENT CONTRACTOR BY: PRINT NAME: Won �Clq(i L1 TITLE: O w ncie, J DATE: 2- (3 09 WITNESS, if INDIVIDUAL OR PARTNERSHIP: STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this illh day of , 2009, before me personally appeared R(WA WAYNE bAGLEY and to me known to be and of the corporation/individual that executed the within and foregoing instrument, and acknowledged said instrument to be free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. 1W =`;;�+�pTggr NOTARY PUBLIC, in an or the State r... ' of Washington, residing at h[ NEY LAKE, W My appointment expires 02-2ti-d4 40 wit$ttLLLi i BID PROPOSAL To The City Clerk City Hall 220 Fourth Avenue South Kent, Washington 98032 The undersigned hereby certifies that Row T)w:arrw dba Au. hzmwJDFE1 m Co has personally examined the lob site and construction details of the work as outlined on the Plans and described in the Contract Documents for Riverbend Golf Course Fence Project for the City of Kent, Washington, and has read and thoroughly understands the Plans and Contract Documents, specifically including all specifications, governing the work in this project and the method by which payment will be made for said work and hereby proposes to undertake and complete the work embraced in this improvement in accordance with said Plans and all Contract Documents and at the following schedule of rates and prices: NOTE TO BIDDERS: (1) Unit prices for all items, all extensions and total amount of bid must be shown. Show unit prices in both words and figures and, where conflict occurs, the written or typed words shall prevail. It is the intention of the City to award the entire contract to one contractor (2) Washington State Department of Revenue Special Rule 170, and its related rules, applies to this contract. Under these rules, the City will automatically add retail sales tax to each payment made to the Contractor. Accordingly, the Contractor should not include retail sales tax in the Unit Bid Item (s) or Lump Sum Prices, subject to certain limited exceptions. See WSDOT Standard Specifications, Section 1-07 2. A. BASE BID: RIVERBEND GOLF COURSE FENCE PROJECT I. BASE BID (LUMP SUM): $ o LAB,, 0O (figures) QN6 �UN�r-��TH12T!-Ciy CTROUsNND FLP'TY eIC-iF-ST -PU ollars) (Written in dollars) + °D/ro0 Base bid amount should include all overhead, labor, materials, and equipment necessary to complete the work Work noted as "not in contract' abbreviated N.I C. is not included in Base Bid. II. PROJECT TOTAL 1�5 0� TOTAL LUMP SUM BID, Lump Sum $ •` ONE 14uNt)12f✓-p-141kT2 FIVE71oasAW1) EbY-," 44► -Dbu-A�(dollars) (Written in dollars) 1-"haD B. UNIT PRICE BIDS 1. 6 Foot Chain Link Fence PER L.F. $ Ct 0010 N I Vt e—A-ee 1'1 70 l t a�-s an A C '�>l x C-c ti+,S (dollars) (The price includes all labor, materials, and equipment necessary to provide and install chain link fence as detailed and in accordance with Section 02831 of the Technical Specifications ) 2, 12 Foot Chain Link Fence PER L F. $ �3q'72 I �►' �11Yu-,) -DoI Lars a►icl Sevev4f-A Two Of° VJS _ (dollars) (The price includes all labor, materials, and equipment necessary to provide and install chain link fence as detailed and in accordance with Section 02831 of the Technical Specifications.) DO NOT INCLUDE SALES TAX The undersigned Bidder hereby verifies that these listed bid prices are true and correct in all respects. BIDDER 0 _ DATE: TA N 2�► 20� (signature) By: -R n N 1�R6 I y Title: W t\1�12 (print name) Company Name: A120uN� ���c� COM.P�N Address: P. O. 30x, 102.q City/State/Zip: AVF�NS-DRUG WA 14b0i31 Phone: (263� 8103- R5 (2-OL) -7q 3 -5q toLo C�� PROPOSAL SIGNATURE PAGE The undersigned bidder hereby proposes and agrees to start construction work on the Contract, if awarded to him or her, on or before ten (10) calendar days from the date of issuance of the Notice to Proceed, and further agrees to complete the Contract within thirty (30) days after issuance of the City's Notice to Proceed. No bidder may withdraw her/his bid for period of sixty 60 days after the day of bid opening. Y p y ( ) Y Y or cashier's check in an amount equal to The required bid security consisting of cash, bid bond, q q Y 5% of the total amount is included. Notice of acceptance of this bid or request for additional information shall be addressed to the undersigned at the address stated below. Receipt of Addendum No.'s ONE- -RV 6 to the plans and/or specifications is hereby acknowledged. By signing this proposal Signature Page, the undersigned bidder agrees to be bound by all terms, requirements and representations listed in the bid documents whether set forth by the City or by the Bidder. nn- NAME OF BIDDER: At i, I'tKO IINt) Fa=KKF-:A l,Dr�PlkN`/ Cons ction Company Signature: Date, Printed Name. Roo -D C�Le✓� Title: ()yu N Address PCB UOx 102- R I�yENSDPn->✓ IND� qQ�051 Phone. L2-5� LP3 - 4L15 (2-D 0 Tel 3-691 c eeLL City of Kent Combined Affidavit & Certification Form: Non Collusion, Anti-Trust, Minimum Wage (Non Federal Aid) and Certification of Lawful Employment NON-COLLUSION AFFIDAVIT Being first duly sworn, the undersigned deposes and says, that they are the identical person who submitted the foregoing proposal or bid, and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and further, that the deponent has not directly induced or solicited any other bidder on the foregoing work or equipment to put in a sham bid, or any other person or corporation to refrain from bidding, and that deponent has not in any manner sought by collusion to secure to himself/herself or to any other person any advantage over other bidder or bidders. AND CERTIFICATION RE: ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice overcharges resulting from anti trust violations are in fact usually borne by the purchaser. Therefore, vendor hereby assigns to purchaser any and all claims for such overcharges as to goods and materials purchased in connection with this order or contract, except as to overcharges resulting from anti trust violations commencing after the date of the bid, quotation, or other event establishing the price under this order or contract. In addition, vendor warrants and represents that each of her/his suppliers and subcontractors shall assign any and all such claims to purchaser, subject to the aforementioned exception. AND MINIMUM WAGE AFFIDAVIT FORM I, the undersigned, having been duly sworn, depose, say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer, worker, or mechanic employed in the performance of such work not less than the prevailing rate of wage or not less than the minimum rate of wage as specified in the principal contract; that I have read the above and foregoing statement and certificate, and that I know the contents thereof and the substance as set forth therein is true to my knowledge and belief. AND CERTIFICATION OF LAWFUL EMPLOYMENT The Contractor hereby certifies that he/she has complied with all provisions of the Immigration and Nationality Act, now or as hereafter amended, 8 USC Section 1101 et. seq., and that all employees, including subcontractor employees, are lawfully permitted to perform work in the United States as provided in this agreement with the City of Kent. FOR: NON COLLUSION AFFIDAVIT, ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER, MINIMUM WAGE AFFIDAVIT AND CERTIFICATION OF LAWFUL EMPLOYMENT NAME OF PROJECT RIVERBEND GOLF COURSE FENCE PROJECT NAME OF BIDDER'S FIRM A � A�2ouN� ��I�c� CoI�P�N`I ti SIGNATURE OF AUTHORIZE6 REPRESENTATIVE OF BIDDER (Notarization Required) [INDIVIDUAL ACKNOWLEDGMENT] STATE OF WASHINGTON) p,f rp� ) ss. COUNTY OF Kt1d-e ) certify that I know or have satisfactory evidence that ION -DACES-r='( is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument. DATED: NOTARY PUBLIC in and for the State of Washington, residing at J,I) My commission expires Ce ,�,ununulu�� �ol( L Sroo'% �� G�h Z, J�-fu�ewictn _ �NflTq� �a z 9A L?. :'2 0'P'WA 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 contract 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 contract to adhere to. An affirmative response is required on all of the following questions for this contract to be valid and binding If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlined, 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 contract. The questions are as follows° 1. 1 have read the attached City of Kent Administrative Policy Number 1.2. 2. During the time of this contract I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of any sensory, mental or physical disability. 3. During the time of this contract I, 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 contract I, the prime contractor, will actively consider the hiring and promoting of women and minorities. 5. Before acceptance of this contract I, the prime contractor, will sign an adherence statement that the requirements as heretofore outlined were complied with. By signing below, I agree to fulfill the five requirements referenced above. Dated this 22n� day of 'JNWk�Pc2Y 2009. By: &A Company: ALL Ako uN17 FE�IVCI✓ 5kA DAWN`]' Title: n VV/y r- F2 ' r 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. CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the contract known as Riverbend Golf Course Fence Protect that was entered into on the day of 2009, 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 2009 By: Print Name For: Title STATE OF WASHINGTON) )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the of the Partnership/Corporation to be the free and voluntary act of such Partnership/Corporation for the uses and purposes mentioned in the instrument WITNESETH my hand and seal this_ day of , 2009. NOTARY PUBLIC for the State of Washington My commission expires CITY OF KENT CERTIFICATION OF NONSEGREGATED FACILITIES The undersigned certifies that s/he does not maintain or provide for her/his employees any segregated facilities at any of her/his establishments, and that s/he does not permit her/his employees to perform their services at any locations under her/his control where segregated facilities are maintained. The undersigned certifies further that s/he will not maintain or provide for her/his employees to perform their services at any location under her/his control where segregated facilities are maintained. The undersigned agrees that a breach of this certification will be in violation of the Equal Opportunity Clause set forth in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive, or are in fact segregated on the basis or race, color, religion, or national origin, because of habit, local custom, or otherwise. The undersigned agrees that except where s/he has obtained identical certifications from subcontractors prior to the award of subcontracts exceeding $10,000, which are not exempt from the provisions of the Equal Opportunity Clause, that s/he will obtain identical certifications from subcontractors and that s/he will retain such certifications in her/his files. Signature: Title. 6 VW NC-12 Company: ALL.- A-2O IAND Fet\1Ct✓ Old m PpiNY Address lam. (� . 'P�oX City/State/Zip RANE4\vS1Dfti < W1- googl Date: 22 Z00� s CONTRACTOR'S COMPLIANCE STATEMENT (President's Executive Order#11246) Date: 'JAI'd 12, 10Q9 This statement relates to a proposed contract with the City of Kent named Riverbend Golf Course Fence Proiect. am the undersigned bidder or prospective contractor. I represent that I (please circle one response) hav or have not, participated in a previous contract or subcontract subject to the President's Executive Order #11246 (regarding equal employment opportunity) or a preceding similar Executive Order. BIDDER: ALA- YLO IA fU-1) E(y Cr—, ompany 7�\ By: _ 4&, Contractor or ontractor's Repr sentative Signature Its: OW N ei2 DATE. I 'ZZ ZOon ADDRESS: PO 30Y� l©2.q RAVES-Du,> -C—, XA/A �i8o�1 For information about your previous contracts or subcontracts, consult http.//envirotext.eh.doe.gov/data/eos/lohnson/196509 24 html GENERAL CONTRACTOR'S QUALIFICATION STATEMENT ALL BIDDERS MUST COMPLETE THIS STATEMENT AND INCLUDE WITH BID. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The City will use information offered by the Bidder in this Statement as a significant factor in determining whether the Bidder is responsible and able to perform the contract work. The Undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not to be misleading. SUBMITTED BY- k00 -DA6L1---'( NAME: ALA- NeO LkN-D EK<IV Cle 013M.,tPA O ADDRESS. 4?, 0 102q , R A-Qe ,vALe VVA Q05 PRINCIPAL OFFICE: ALL A120 mb F-EwE Oompf �iy P D . r3ax /02q RAVEIySDALE VVA e7ROSI A. Contractor Qualification Requirements Statement of Qualifications The City in determining the lowest qualified and responsible bidder will consider the Statement of Qualifications, which is listed below The undersigned submits below a statement of work of similar scope and character to the work being considered under this proposal satisfactorily and successfully completed within the past three years Please include the date, the work that was performed and the contact name. A. GENERAL CONTRACTOR 1. GENERAL CONTRACTOR - Minimum 3 Projects Job / Contact/ Date 2. FORMAN RESPONSIBLE FOR CONSTRUCTION OF THIS PROJECT - Minimum 3 projects Job / Contact/ Date B. SUBCONTRACTORS - Minimum 3 Projects If subcontractors are to used, Contractor agrees, if awarded this contract that only the following Subcontracts will be used, and further agrees a) That the total of all subcontractor work shall not be more than fifty percent (50%) of the total project as determined by the total value of the subcontractor work to the total value of the Contact and, b) That subcontractors may not be changed or added without prior written consent of the City ALL AROUND FENCE COMPANY STATEMENT OF QUALIFICATIONS GENERAL CONTRACTOR QUALIFICATIONS Pierce Co Small Works Fencing Projects D071 Completed 02/22/07 Hugh Morgan 253-798-7205 110 feet of 4 foot Coated Chain Link Fence-Type 6 597 5 feet of 6 foot Coated Chain Link Fence -Type 1 12 Coated, End, Corner and Pull Post for Chain Link Fence 1 Coated, Double 14 ft. Chain Link Gate -Type 6 131.5 feet of 4 foot Chain Link Fence-Type 6 702 5 feet of 6 foot Chain Link Fence-Type 1 1 Double 10 ft. Chain Link Gate -Type 6, Modified 1 Double 14 ft Chain Link Gate -Type 1 7 Coated, End, Corner and Pull Post for Chain Link Fence 1774 feet of 6 foot Coated, Chain Link Fence-Type 1 1 Coated, Double 14 ft Chain Link Gate -Type 1 City of Kent: Russell Road Park/ Emergency Completed 04/02/07 Toni Donati 253-856-5111 Emergency Backstop Repairs Highlands at Lake Wilderness HOA Completed 11/05/08 Ray Halbert 425-591-7830 1148' of 6' Full Panel Fence FORMAN QUALIFICATIONS City of Kent Completed 01/31/2008 Toni Donati 253-856-5111 Kent Memorial Park- Installation of 550 feet of 10 foot Galvanized Chain Link Fencing City of Kent Completed 12/01/2008 Toni Donati 253-856-5111 Riverbend Golf Course - Build & Install 365' of 8' Galvanized Chain Link Fence (Driving City of Covington Completed 12/08/08 Dan Wesley 253-638-1110 Various Fence Repairs Ext 2266 Qualification of Bidders Bidders shall be qualified by ability, experience, financing, equipment, and organization to do the work call for in the Contract Documents. The City of Kent reserves the right to take whatever action it deems necessary to ascertain the ability of the bidder to perform the work satisfactorily. This action includes the City's review of the qualification information in the bid documents The City will use this qualification data in its decision to determine whether the lowest responsible bidder is also responsible and able to perform the contract work. If the City determines that the lowest bidder is not the lowest responsive and responsible bidder, the City reserves its unqualified right to reject that bid and award the contract to the next lowest bidder that the City, in its sole judgment, determines is also responsible and able to perform the contract work ("the lowest responsive and responsible bidder") 1. ORGANIZATION 1.1 How many years has your organization been in business as a Contractor? ,-1 geAieS 1.2 How many years has your organization been in business under its present business name? 1-7 yeA p 1.2.1 Under what other or former names has your organization operated? 1.3 If your organization is a corporation, answer the following• 1.3.1 Date of incorporation- NA 1.3.2 State of incorporation N Pr 1.3.3 President's name. NA 1.3.4 Vice-president's name(s): NPr 1.3.6 Secretary's name: NAr 1.3.6 Treasurer's name: NA 1.4 If your organization is a partnership, answer the following: 1.4.1 Date of organization: NPr 1.4.2 Type of partnership (if applicable)- N JV 1.4.3 Name(s) of general partner(s). N N 1.5 If your organization is individually owned, answer the following: 1.6.1 Date of organization: I/I /Igg2 1.5.2 Nameofowner }RpfJAi.D W. _D{k6LF__`( 1.6 If the form of your organization is other than those listed above, describe it and name the principals Nj 4 2. LICENSING 2.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate license numbers, if applicable 4\JAc t IN6-Mi\J SMTE, CICKSS?Av Co"V_Rcri,e Llw\� se 4 AL-LARFOOE62A EkP 1 /Iholo 2.2 List jurisdictions in which your organization's partnership or trade name is filed. NONE 3. EXPERIENCE 3.1 List the categories of work that your organization normally performs with its own forces S(fe. Sepa► zl 1e- v�leE� 3.2 Claims and Suits (If the answer to any of the questions below is yes, please attach details.) 3.2.1 Has your organization ever failed to complete any work awarded to it? {)p 3.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your or its officers? Na 3.2.3 Has your organization filed any law suits or requested arbitration with regard to construction contracts within the last five years? No 3.3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? (if the answer is yes, please attach details.) W 0 3.4 On a separate sheet, list major construction projects your organization has in progress, giving the name of project, owner, architect or design engineer, contract amount, percent complete and scheduled completion date. 5Ce - 3.4.1 State total worth of work in progress and under contract: I04, ,7 Da 3.5 On a separate sheet, list the major projects your organization has completed in the past five years, giving the name of project, owner, architect or design engineer, contract amount, date of completion and percentage of the cost of the work performed with your own forces. 3.6.1 State average annual amount of construction work performed during the past five years: k , 400 , 000 3.6 On a separate sheet, list the construction experience and present commitments of the key individuals of your organization. 5&e, Sc,pG�_r-c( e, 3.7 On a separate sheet, list your major equipment. 4. REFERENCES fee. separate sheep 4.1 Trade References: 4.2 Bank References: 4.3 Surety (U i C LL-E-- Inc K LC Y Zn(0'�568-2U-7 0 4.3.1 Name of bonding company. H e ure4-" 61 rD L_ / A Inevicd v�, - 4.3.2 Name and address of agent C �Y�tr YS Irks'`ront` j 010 J-ohh ' �re w-4-o�rti -N-i�l�i- I nsu►-a trace, l�w�c�� Inc. 2A11c NW Myhre �cl S} 6101 SlWe-y4aW WA 'IBR3 5. FINANCING 5.1 Financial Statement. After bid opening, the City may require the following financial information from any of the three apparent low bidders If so required, the selected bidder(s) must respond with this financial information within 24 hours of the City's request for that information The City's request for this information shall not be construed as an award or as an intent to award the contract A bidder's failure or refusal to provide this information may result in rejection of that bidder's bid. 5.1.1 Attach a financial statement, preferably audited, including your organization's latest balance sheet and income statement showing the following items: Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory and prepaid expenses); Net Fixed Assets, Other Assets; Current Liabilities (e g , accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries and accrued payroll taxes); Other Liabilities (e g , capital, capital stock, authorized and outstanding shares par values, earned surplus and retained earnings). 5.1.2 Name and address of firm preparing attached financial statement, and date thereof. 5.1.3 Is the attached financial statement for the identical organization named on page one, Section one? 5.1.4 If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e g , parent-subsidiary). 5.2 Will the organization whose financial statement is attached act as guarantor of the contract for construction? 6. SIGNATURE 6.1 Dated at this _day of �,� 2009. Name of Organization: Al drvund Fe-nG� By. Title. ...r 6.2 _ being duly sworn, deposes and says that the information proved h rein is true and sufficiently complete so as not to be misleading. k 1 r. Subscribed and sworn before me thisaday of Notary Public: r AR Y u L if ux/edy�ii = '4� My Commission Expires- y�r ro Pueo ;' � 93-2 OF V 4 GENERAL CONTRACTOR'S REFERENCES PROJECT NAME: RIVERBEND GOLF COURSE FENCE PROJECT If you have not worked for the City of Kent in the past three years. Please provide three references for work performed similar in size and scope to the Riverbend Golf Course Fence Project. At least two of the references should be from a public agency. Agency Name Address, city, state, zip Phone Contact Name Name of Project Amount of Contract (approx ) and Year Agency Name Address, city, state, zip Phone Contact Name Name of Project Amount of Contract (approx.) and Year Agency Name Address, city, state, zip Phone Contact Name Name of Project Amount of Contract (approx.) and Year Note: This form must be included with your bid. X I have worked for the City of Kent in 2006, 2007, or 2008. p NameofProject: FiVEtzec-Ni) 60l_F LO�, es; - _D'Rw)Iyy Fwrgr_- FENCE GREATER THAN 3% SUBCONTRACTOR LIST (Due within five working days after Bid Opening) List each subcontractor, from any tier of subcontractors, that shall perform any subcontract work amounting to greater than 3% of the total bid contract price. Subcontractors listed on the Major Subcontractor list may be omitted from this form. Least each bid item to be performed by each designated subcontractor in numerical sequence. If no subcontractors will be performing the specified percentage of the work, indicated this by writing "None" and signing this form. This document must be completed by the three apparent low bidders and submitted to the Owner within five (5) working days after bid opening; the City will reject all late submissions of this form. Your failure to name these subcontractors or yourself shall render your bid non-responsive and void. If additional space is required, copies of this form or similar type forms are acceptable. PROJECT NAME RIVERBEND GOLF COURSE FENCE PROJECT CONTRACTOR'S SIGNATURE Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name \N G-` -DZ> iioT K3 1 E-Q-D To FI 1 eJZ- Item Numbers S u 3CD t JT-R- ACID 9S Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Bond Number. 1000819560-01 BID BOND FORM Herewith find deposited to the City of Kent in the form of a cashiers check, cash, or bid bond in the amount of $ 7,425 00 an amount equal to five percent of the total bid. BID BOND KNOW ALL PERSONS BY THESE PRESENTS: That we Ronald W. Dagley dba All Around Fence Company _ as Principal, and American Contractors Indemnity Company , as Surety, are held and firmly bound unto the CITY OF KENT, as Obligee, in the penal sum of Seven Thousand Four Hundred Twenty Frye and 00/100($7,425 00) Dollars, for the payment of which the Principal and the Surety bond themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents, *Penal Sum of Bond Not To Exceed$7,425 00 The condition of this obligation is such that if the Obligee shall make any award to the Principal for Riverbend Golf Course Fence Project. According to the terms of the proposal or bid made by the Principal, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond. SIGNED, SEALED AND DATED THIS 22nd DAY OF January 2009. PRINCIPA by : its. oWNC-k SURETY: by Anel T Heredia Its Attorney-r -Fac - CALIFORNIA' ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES On Z/0 I before me, ROCHELLE A. HILL, A NOTARY PUBLIC Date Here Insert Name and Tills of the Officer personally appeared ARIEL T. HEREDIA Namels)of Signers) who proved to me on the basis of satisfactory evidence to be the personke) whose nameA isil subscribed to the within Instrument and acknowledged to me that he4i;4o4litay executed the same in his4iie4*en authorized capacity(+e0, and that by hisAhert+iw signature0� on the Instrument the persol or the entity upon behalf of which the personos acted, executed the instrument I certify under PENALTY OF PERJURY under the laws ROCHELLE A. HILL of the State of California that the foregoing paragraph is Commission #r 1634494 true and correct. -s Notary Public -California Los Angeles County WITNESS my hand and official seal. MY Comm.E>tplros Jon 3,2010 Signature 6 Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could pievenr fraudulent removal and reattachment of this form to another document Description of Attached Document a L/ Title or Type of Document Ida Document Date Number of Pages, Signer(s) Other Than Named Above. Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s) ❑Corporate Officer—Titles) ❑ Partner—❑ Limited ❑ General ❑ Partnef —❑ Limited ❑ General ❑ Attorney in _ _Fact ❑Attorney in Fact W214 W11 - ❑ Trustee Top of thumb I'eie ❑Trustee Top of Ihurnb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other ❑Other Signer Is Repiesenhng Signer Is Repfesenting 02007 National Notary Associalwn-9350 De Soto Ave PO Box 2402-Chatsv,o-I1i Cv 91313 2,102-ww,l 1 lmionalNolary urg lieu 15907 Heorder Call Tall Rae I BOu 876 6627 POWER OF ATTORNEY - AMERICAN CONTRACTORS INDEMNITY COMPANY- UNITED STATES SURETY COMPANY U.S,SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS That American Contractors Indemnity Company,a California corporation, United States Surety Company, a Maryland corporation and U S Specialty Insurance Company, a Texas corporation (collectively, the "Companies"),do by these presents make,constitute and appoint Frank Mester,Ariel T.Heredia,Adam Feinberg,Tah Carazza,Michael Chalekson or = _- Arkadiy M.Lakshtanov of Los Angeles,California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds, recognizances,undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars (S **3,000,00000** ) -- This Power of Attorney shall expire without further action on March 18, 2011 This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-m-Fact to represent and act for and on behalf of the Company subject to the following provisions Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-m-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached IN WITNESS-WHEREOF,The Compames have caused this instrument to be signed and their corporate-seals to be hereto affixed,this 15th day of July,2008 AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY Corporate Seats eo * q��r < B 4 ey '�Daniel P.Aguilar,Vice President State of California County o LosAngeles SS = - - On this 151h day of July, 2008,before me, Deborah Reese, a notary public, personally appeared Daniel P Aguilar, Vice President of American Contractors Indemnity Company,United States Surety Company and U S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s),or the entity upon behalf of gll' which the persona)acted:executed the instrument I certify under PENALTY OF PERJURY under the-laws of the State_ of California that the foregoing paragraph is true and correct WITNESS my hand and official seal .y y�R ofgpRAN REESE _ Commission*1726211 " IP'eNG-CaliforniaSi nature �// (Seal) An9e104 COUNY es.ce,,,,n�,tuaie,znil I, Jeannie J Kim, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company'''at if U S Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect, furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect -- In Wit t �nsuWhereof,I have hereunto set my_hand and affixed the seals of said Companies at Los Angeles,California this ZZ day __�—� - -_ Corporate Seals y eo * ��<Bond No �0O 5-10,0' e Jeannie J.Kim,Assistant Secretary Agency No 9n12 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS 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 and personal injury and advertising injury. The City shall be named as an insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Excess Liability insurance covering both the Commercial General Liability and Automobile policies. 4. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. 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, $2,000,000 general aggregate and a $2,000,000 products- completed operations aggregate limit. 3. Excess Liability insurance shall be written with limits no less than $1,000,000 per occurrence in excess of both the CGL and Auto Liability policies cited above. 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: 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. Contractor's Insurance For Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. G. 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 Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. 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. E;ctntb; + 5 PollcyNumber 604698828 Date Entered 2/18/2009 CERTIFICATE OF LIABILITY INSURANCE I DATE(MMIDDIYYYV) PRODUCER Brewton-Hight Insurance Agency, Inc THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 2416 NW Myhre Rd #101 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO Box 840 HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Silverdale, WA 98383 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Phone (360)692-6880 Fax (360)692-9043 INSURERS AFFORDING COVERAGE NAIC# INSURED All Around Fence Company INSURER A Truck Insurance Exchange Ronald Dagley INSURER B 14323 16th St East INSURER C Sumner, WA 98390 INSURER D INSURER E COVERAGES 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADD L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD NC POLICY NUMBER MMIDDrn LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED X 604698828 12/1/2008 12/1/2009 PREMISES Eaomurrence I $ 100,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $ PJ 000 PERSONAL BADV INJURY $ 2,000,000 GENERAL AGGREGATE 9 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 4,000,000 JE POLICY PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A ANY AUTO 604698828 12/l/2008 12/l/2009 (Eaamidenq $2,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY 8 NON-OWNED AUTOS (Per amiderd) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT E ANY AUTO OTHER THAN EA ACC $ 1 AUTO ONLY AGG E EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE E OCCUR CLAIMS MADE AGGREGATE 9 E DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN T V LIMIER ANY PROPRIETORIPARTNERIEXECUTIVE ❑ EL EACH ACCIDENT $ D OFFICERIMEMBER EXCLUDE (Mandatory in NH) EL DISEASE-EA EMPLOYEE E II desvibe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent Washington DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL_3D_ DAYS WRITTEN 220 Fourth Ave S NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Kent, WA 98032 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE Hight, LUTCP ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION All rights reserved. The ACORD name and logo are registered marks of ACORD Producedusmg Fonns Boss Plus software www FormsBoss awnhnpresslvePubllshing 800-208-1977 POLICY NUMBER 60469-88-28 BUSINESSOWNERS BP 04 50 0197 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following BUSINESSOWNERS POLICY SCHEDULE` Name Of Person Or Organization CITY OF KENT WASHINGTON-PRIMARY AND NON-CONTRIBUTORY • Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Decla- rations The following is added to Paragraph C Who Is An Insured in the Businessowners Liability Coverage Form 4. Any person or organization shown in the Schedule is also an insured, but only with respect to liability arising out of your ongoing operations performed for that insured BP 04 50 0197 Copyright, Insurance Services Office, Inc, 1997 Page 1 of 1 ❑ t _ I Bond Number 1000819623 Premium $3,685 00 I PAYMENT AND PERFORMANCE BOND TO CITY OF KENT KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Ronald W Dagley dba All Around Fence Company as Principal, and pmencan Contractors Indemnity Company a Corporation organized and existing under the laws of the State of Washington, as a Surety Corporation, and qualified under the laws of the State of Washington to become Surety upon bonds of Contractors with Municipal Corporations, as Surety, are jointly and severally held and firmly bound to the CITY OF KENT In the penal sum of$ 135,04800 together with any adjustments, up or down, in the total contract price because of changes in the contract work, for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, and the Codes and Ordinances of the CITY OF KENT. Nevertheless, the Conditions of the above obligation-are such that: WHEREAS, under and pursuant to a motion, duly made, seconded and passed by the j City Council of the City of Kent, King County, Washington, the Mayor of the City of Kent has let or is about to let to the above bounden Principal, a certain contract, the said contract providing for construction of Rlverbend Golf Course Fence Project (which contract is referred to herein and is made a part hereof as though attached hereto), and I WHEREAS, the Principal has accepted, or is about to accept, the contract, and undertake to perform the work therein provided for in the manner and within the time set forth NOW, THEREFORE, for non-FHWA projects only, if the Principal shall faithfully perform all the provisions of said contract in the manner and within the time herein set forth, or within such extensions of time as may be granted under the said contract, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work and shall indemnify and hold the CITY OF KENT harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their separate seals. The name and corporate seal (if required by law) of each corporate party is hereto affixed and duly signed by its undersigned representatives pursuant to authority of its governing body. 1 TWO WITNESSES: Ronald W Dagley dba All Around Fence Company PRINCIPAL ter princi name above) BY: J TITLE: NV O(ffY— DA E; �7/0g GATE: 2I1�1 � � tCeZ J �7�I�IY�{Pi1� CORPORATE SEAL: i PRINT NAME n DATE' `I' + f American Contraetors indemnity Company SU RETYT CORPORATE SEAL: BY: i Lei r Heredia ' DATE: 2/13/09 Attome m-Fact TITLE: y- ADDRESS' 9841 Airport Blvd,Ninth Floor Los Angeles,CA 90045 CERTIFICATE AS TO CORPORATE SEAL I hereby certify that i am the (Assistant) Secretary of the Corporation named as Principal in the within Bond; that Who signed the said bond on behalf of the Principal Of the said Corporation; that I know his signature thereto is genuine, and that said Bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. SECRETARY OR ASSISTANT SECRETARY I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES On Le i before me, ROCHELLE A. HILL, A NOTARY PMLIC Date Here Inserl Name and Title of the Officer personally appeared ARIEL T. HEREDIA Named of Slgnera) who proved to me on the basis of satisfactory evidence to be the person() whose nameJ,s'j is/am subscribed to the within instrument and acknowledged to me that he,LckioA4" executed the same in hlsAWe04"w authorized capacity0eo, and that by his)1I4@s4ielr signature4O on the Instrument the personaat, or the entity upon behalf of which the personal acted, executed the instrument ROCHELLE A. HILL I certify under PENALTY OF PERJURY under the laws Commission # 1634494 of the State of California that the foregoing paragraph is Notary Public •California true and correct. Los Angeles County MKOMME)PI10001n3.2010 WITNESS my hand and official seal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document .140119473 Document Date Number of Pages: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s) ❑Corporate Officer—Titles) ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General _ ❑ Attorney to Fact ❑Attorney in Fact NO"NO ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other ❑Other Signer Is Representing' Signer Is Representing 020107 National Notary Association-9350 De Soto Ave,PO Box 2402•Chatsworth CA 91315 2402•www NabonaiNolaryarg Ilem 05907 Reorder Call Toll Free 1-800 9768027 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS-That American Contractors Indemnity Company,a California corporation,United States Surety Company, a Maryland corporation and US. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"),do by these presents make,constitute and appoint Frank Mester,Ariel T.Heredia,Adam Feinberg,Tab Carazza,Michael Chalekson or Arkadiy M.Lakshtanov of Los Angeles,California its true and lawful Attorney(s)-rn-fact,each in their separate capacity if more than one is named above,with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond *****Three Million***** Dollars $ **3,000,000 00** ) penalty does not exceed ( This Power of Attorney shall expire without further action on March 18, 2011. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-m-Fact to represent and act for and on behalf of the Company subject to the following provisions Attorney-m-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-m-Fact shall be binding upon the Company as if signed by the President -and sealed and effected by the Corporate Secretary _---- Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached _ ,Vn IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 151h day of July,2008 AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY Corporate Seals o�taitrogr� surer cy�ri _-_ <__ wmarourto 9 S EAL " r e By -"�'- SEPT 16,1990 � Daniel P.Aguilar,Vice President Se o California State f County of Los Angeles SS On this 151h day of July, 2008,before me, Deborah Reese, a notary public, personally appearedI Daniel P Aguilar, Vice President of American Contractors Indemnity Company,United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person(s),or the entity upon behalf of C which the person(s)acted,executed the instrument paragraph is true and o ect =-- - t foregoing a s c rr - I certify under PENALTY OF PERJURY under the laws of the State of California ilia the p g p WITNESS my hand and official seal D E SE Cwnmisslon*1726211 Signature_ �ll /Ie Gc✓ Seal wotw Angeles -Coitmrnus - J� (Seal) � ins Angeles CoW,tY _ p,NCpryn FxrsrarMor16,2011 I, Jeannie JACkn, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company,and US Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect. furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect In Wiuqss Whereof,I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this day of Corporate Seals Vo�tv►.trotr��o ri PTaq�r` � ls...�.1 Bond No �tw8wY5 3 Ismaarnro SEAL c Jeannie J. Kim,Assistant Secretary sVt1419ia r b + .La Agency No 901? 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E ` ! § § ! § ;! : _ , ll ; : � , _ _ � l , � ; u � � r , � �� ;; = 0 - ` § 4 ; ) | ! l - ; Az ! , !a . f® § r � )§ § §§ zm §z O | ) , rm ; � � ` ; _ }! � ° § ( ` | § § : ' ^) ^( » . _ . 0 | - / ) ^ . 0 _ \\ z M c ■ � ] � * 00 ! ® @ � § § �is/ ffffff ) 2 2 f??f�?fff?f\2 j m\ e | 00000 , ; ; ; ; ; ; ; ; ; ; ; ;« ; ; , °! --- - - !| } | 440 REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes W A S N I N G T O N Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE tAW DEPARTMENT Originator FeA-t Pe4-0,r S-e h Phone (Originator) x S' 1 (9 0 \ Date Sent l 2?j loci Date Required Z 2, 116 r1 s—ofay s Return Signed Document to I' CONTRACT CONTRACT TERMINATION DATE: VENDOR NAME: �`t -F-t DATE OF COUNCIL APPROVAL: Z/-3 �� 9 Brief Exp The All Around Fence Co. contract is for the installation of 3,200 lineal feet of twelve foot high and 400 lineal feet of six foot high black vinyl coated chain link fence along the Green River Tail adjacent to the 18 Hole Golf Course. The twelve foot high fence will be installed in three sections on holes 4, 5 and 6. The six foot high fence will be installed from the 6`h green to the 7th tee. With the removal of over one hundred trees as part of the levee improvements, this fencing will provide protection to trail users from errant golf balls. This contract will be paid under our agreement with King County, as part of the Golf Course Remodel Project as impacted by the Green River Levee Project. All Contracts Must Be Routed Through the Law Department (This Area to be Completed 6� the Law DeparGrrent) Received: -Rye Approval of Law Dept.. _ 40 Law Dept Comments: FFr 5 20F)c c° Date Forwarded to Mayor Shaded Areas to Be Completed by Administration Staff Received: Recommendations & Comments: Disposition Z9 By �f� Date Returned la-e5870 3,105