HomeMy WebLinkAboutPK10-014 - Original - Duchess Construction, Inc - Service Club Ballfields - Electrical - 03/02/2010 Kecords M,,, neagement ,
KENTDocument
WASHINGTON ,
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:
Vendor Number: ✓ 34 5- 0
ID Edwards Number
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Contract Number: K )G_
This is assigned by City Clerk's Officce� 11 ,� �t /
Project Name: �y-v L C f GI � b 13a 11 0 2 I W S- 17 C`C� �'C
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment Contract
❑ Other:
Contract Effective Date: 3 Termination Date:
Contract Renewal Notice (Days): �—
Number of days required notice for termination or renewaall or amendment
Contract Manager: �� (��/Department: 1 a fit' S
Detail: (i.e. address, location, parcel number, tax id, etc.):
Se rviN ce ChIL b Se, 1/4P 0i
S:Pubitc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
KENT
WP5NINGTON
PUBLIC WORKS AGREEMENT
between City of Kent and
Duchess Construction, Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and Duchess Construction, Inc. organized under the laws of
the State of Washington, located and doing business at PO Box 1985 Milton, WA 98354
P: 253-891-2016 F: 253-863-9165 (hereinafter the "Contractor").
AGREEMENT
The parties agree as follows:
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City in accordance with the
following described plans and/or specifications:
Replace wire and install ground boxes at the Service Club Ballfields in Kent,
Washington as described in the vendor's proposal dated January 21, 2010 attached
and incorporated as Exhibit A.
Contractor further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time such services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon execution of this Agreement. Upon the effective
date of this Agreement, the Contractor shall complete the work described in Section I by March
5, 2010.
II1. COMPENSATION. The City shall pay the Contractor a total amount not to exceed
Twelve Thousand Three Hundred Fifty One Dollars ($12,351), plus applicable Washington State
Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the
Contractor fifty percent (50%) of the Contract amount upon completion and acceptance of the
work by the City, and the remainder upon fulfillment of the conditions listed below and
throughout this Agreement.
A. No Payment and Performance Bond. Because this contract, including
applicable sales tax, is less than $35,000, and pursuant to Chapter 39.08
RCW, the Contractor, in lieu of providing the City a payment and
PUBLIC WORKS AGREEMENT - 1
(Over$1OK, under$35K, and No Performance Bond)
performance bond, has elected to have the owner retain the final fifty
percent (50%) of the Contract amount for a period of sixty (60) days after
the date of final acceptance, or until receipt of all necessary releases from
the State Department of Revenue and the State Department of Labor &
Industries and until settlement of any liens filed under Chapter 60.28 RCW,
whichever is later.
B. Defective or Unauthorized Work. The City reserves its right to withhold
payment from Contractor for any defective or unauthorized work. Defective
or unauthorized work includes, without limitation: work and materials that
do not conform to the requirements of this Agreement; and extra work and
materials furnished without the City's written approval. If Contractor is
unable, for any reason, to satisfactorily complete any portion of the work, the
City may complete the work by contract or otherwise, and Contractor shall be
liable to the City for any additional costs incurred by the City. "Additional
costs" shall mean all reasonable costs, including legal costs and attorney
fees, incurred by the City beyond the maximum Contract price specified
above. The City further reserves its right to deduct the cost to complete the
Contract work, including any Additional Costs, from any and all amounts due
or to become due the Contractor.
C. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF
FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A
WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE
TIME FINAL PAYMENT IS MADE AND ACCEPTED.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Contractor has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Contractor maintains and pays for its own place of business from which
Contractor's services under this Agreement will be performed.
C. The Contractor has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Contractor's services and is a service other than that
furnished by the City, or the Contractor is engaged in an independently
established trade, occupation, profession, or business of the same nature as
that involved under this Agreement.
D. The Contractor is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Contractor has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
PUBLIC WORKS AGREEMENT - 2
(Over$1OK, under$35K, and No Performance Bond)
1
required by Contractor's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW
or an electrical contractor license pursuant to Ch. 19.28 RCW.
G. The Contractor maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. The City may terminate this Agreement for good cause. "Good
cause" shall include, without limitation, any one or more of the following events:
A. The Contractor's refusal or failure to supply a sufficient number of properly
skilled workers or proper materials for completion of the Contract work.
B. The Contractor's failure to complete the work within the time specified in this
Agreement.
C. The Contractor's failure to make full and prompt payment to subcontractors
or for material or labor.
D. The Contractor's persistent disregard of federal, state or local laws, rules or
regulations.
E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt.
F. The Contractor's breach of any portion of this Agreement.
If the City terminates this Agreement for good cause, the Contractor shall not receive any
further money due under this Agreement until the Contract work is completed. After
termination, the City may take possession of all records and data within the Contractor's
possession pertaining to this project which may be used by the City without restriction.
VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay
Prevailing Wages," with the State of Washington Department of Labor & Industries prior to
commencingthe Contract work. Contractor shall a prevailing wages in effect on the date the
pay p 9 9
bid is accepted or executed by Contractor, 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.
VII. CHANGES. The City may issue a written change order for any change in the
Contract work during the performance of this Agreement. If the Contractor determines, for any
reason, that a change order is necessary, Contractor must submit a written change order
request to the person listed in the notice provision section of this Agreement, section XV(D),
within fourteen (14) calendar days of the date Contractor knew or should have known of the
facts and events giving rise to the requested change. If the City determines that the change
increases or decreases the Contractor'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
Contractor on all equitable adjustments. However, if the parties are unable to agree, the City
will determine the equitable adjustment as it deems appropriate. The Contractor 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 Contractor fails to
PUBLIC WORKS AGREEMENT - 3
(Over$10K, under$35K, and No Performance Bond)
require a change order within the time specified in this paragraph, the Contractor waives its
right to make any claim or submit subsequent change order requests for that portion of the
contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must
complete the change order work; however, the Contractor may elect to protest the adjustment
as provided in subsections A through E of Section VIII, Claims, below.
The Contractor 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 Contractor 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 Contractor 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 Contractor may file a claim as provided in this
section. The Contractor 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 Contractor 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 Contractor unless a timely written claim is
made in strict accordance with the applicable provisions of this Agreement.
At a minimum, a Contractor'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 Contractor'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 Contractor is asserting a schedule change or
disruption.
B. Records. The Contractor 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 Contractor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are
followed. If the City determines that a claim is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
PUBLIC WORKS AGREEMENT - 4
(Over$1OK, under$35K, and No Performance Bond)
C. Contractor's Duty to Complete Protested Work. In spite of any claim, the
Contractor 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 Contractor 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 Contractor 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. CONTRACTOR 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 CONTRACTOR'S ABILITY TO
FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY
APPLICABLE STATUTORY LIMITATIONS PERIOD.
X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the
City a one-year warranty bond in a form and amount acceptable to the City. The Contractor
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 parts are repaired or replaced, only
original replacement parts shall be used—rebuilt or used parts will not be acceptable. When
defects are corrected, the warranty for that portion of the work shall extend for one (1) year
from the date such correction is completed and accepted by the City. The Contractor shall begin
to correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Contractor does not accomplish the corrections within a reasonable time as
determined by the City, the City may complete the corrections and the Contractor shall pay all
costs incurred by the City in order to accomplish the correction.
XI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on
behalf of the Contractor 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.
Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy
Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract
work, file the attached Compliance Statement.
XII. INDEMNIFICATION. Contractor 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 Contractor'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 Contractor's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
PUBLIC WORKS AGREEMENT - 5
(Over$1OK, under$35K, and No Performance Bond)
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor
and the City, 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
Agreement.
XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor 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 Contractor's own risk, and Contractor shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
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, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section XII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
PUBLIC WORKS AGREEMENT - 6
(Over$1OK, under$35K, and No Performance Bond)
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 b a duly authorized representative of
9 9 9 9 Y
the City and Contractor.
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 Contractor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Contractor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONTRACTOR: CITY OF KENT:
By: Z
(signature) (signature)
Print Name: A N k LsirjuS 7 n^ Print e: S• -- eo e
Its V I G 6 Its Mayor
(title)
DATE: DATE: a
PUBLIC WORKS AGREEMENT - 7
(Over$1OK, under$35K, and No Performance Bond)
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Hank Leenstra Brian Saw
Duchess Construction, Inc. City of Kent
PO Box 1985 220 Fourth Avenue South
Milton, WA 98354 Kent, WA 98032
253-891-2016 (telephone) (253) 856-5126 (telephone)
253-863-9165 (facsimile) (253) 856-6120 (facsimile)
AP VED S TO FORM:
(Kent La De ent
Service Club—Elec[ncel
PUBLIC WORKS AGREEMENT - 8
(Over$1OK, under$35K, and No Performance Bond)
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 9 '171 day of f 6 la-L.;A XV , 2010.
B y:
For: �dcvl C C
ss o /Nc.
,�s
Title: V i cE raa4
Date: a ��� a
EEO COMPLIANCE DOCUMENTS - 1
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
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 , 2010.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
Jan 26 10 11'59a Ruth 2538639165 p 2
EA bi, 4 k
Duchess Construction Inc. Estimate
P O. Box 1985
Milton WA 98354 DATE ESTIMATE NO
1/2 112 0 1 0 MP-llr
NAME/ADDRESS
CITY OF KENT PARKS
PROJECT
DESCRIPTION QTY COST TOTAL
REPLACE WIRE AT SERVICE CLUB BALL FIELDS PER
YOUR REQUEST
#8 GAGE WIRE T14HN APROX 7,800 LF 2,668 00 2,668.00T
4 10 GAGE WIRE THHN APROX 2600 LF 54300 543.007
LABOR 2 GUYS 2 5 DAYS TO PULL WIRE 3.60000 3.600 OOT
INSTALL 1 1 EA FOGTITE J I I A TYPE II GROUND BOXES 4,40000 4,400.00T
INSTALL 4 EA FOGTITE) 11 A TYPE I GROUND BOXES 1,14000 1,140.00T
PRICE INCLUDES WEATHER PROOF SPLICING IN GROUND
BOXES
TOTAL
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.
9
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. 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.
2. 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.
EXHIBIT B (Continued )
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect
the City. Any Insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and
shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified 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 ANII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
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PRODUCER (425)827-7400 FAX (425)827-7402 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
McDonald Insurance Group Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
416 6th St S ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PO Box 3089
Kirkland, WA 98083-3089 INSURERS AFFORDING COVERAGE NAIC9
INSURED Duchess Construction, Inc INSURERA Western National Assurance
PO BOX 1995 INSURER
Milton, WA 98354 INSVRERC
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 MAYBE ISSUED OR
MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. PoLr- �p1RA
NLTR N30
TYPE OF NS VRANCE POUCY NUM9ER DATE MpllFbblYYTY IATE EMlpplYrr UNITS
GENERALLME11UTY CPPOO1476703 02/09/2010 02/09/2011 EACHOCCURRENCE r 1,000,00
El
X COMMERCIALGENERAL UABILrtY PREMISES IEe oa "eflee S 100,00
CLAIMS MADE 0 OCCUR MED EXP(my me Person) $ S,00(
A X $500. DEDUCTIBLE PERSONAL aAOVINJURY I 1,000,00(
X CG2503 ATTACHED OENERALAGGREGATE $ 2,000,00
GEN L AGGREGATE LIMIT AVPLIES PER PRODUCTS-COMFlOP AGG $ 2,000,00(
POLICY M JPE� ED LOC
AUTOMOBILE LIAEIUrY CPPOO1471303 02/09/2010 02/09/2011 COMBINED SINGLE L MIT
�( ANY AUTO (EsEoddeni) S 1,000 00
ALL OWNED AUTOS BODILYINJURY
A sCMEDUIEDAUr03
(Parpy.w) s
HIRED AUTOS
BODILY INJURY �
NON OWNED AUTOS (PerswIdenl)
PROPERTYDAMAGE $
(Paraoadann
GARAGE LIAull- AUTO ONLY-EAACCIDENT $
ANY AUTO OTHERTHAN EA ACC $
M
AUTO ONLY, AGG S
EXCESS I umaReLA LIABILITY UMBOOIOG53 02 Q912010 02 09/2011 EACH OCCURRENCE S 1,000,000
X OCCUR CLA IMS MADE AGGREGATE S 1,000,00
A S
DEDUCTIBLE $
X RETENTION $1,000,000
$
WORMERS COMPENSATION CPPOO1476703 02/09/2010 02/09/2011 TORY LIMITS X ER
AND EMPLOYERS'LIABILITY
ANY PROPRIETOWPARTNERlEXECUTIVro STOP GAP EJ- EACHACCIDENT s 1,000,00
A OFFICERIMEMBER EXCLUDED7
(Mandalory In NH) EL DISEASE^EA EMPLOYEE $ 1,000,0011
fssCndet
AL PROVISIONS below EL DISEASE,POLICY LIMIT I S 1,000,00C
OTHER
DESCRPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL FROVISIONB
Certificate Holder is named additional insured with respects to work performed by the named insured
as required by written contract per form WN GL 49 attached
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS wRrrTEN
City of Kent NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,SUIT FAILURE TO 00 30 SHALL
Attn: Brian Saw IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
220 Fourth Ave S REPRESENTATNES.
Kent, WA 98032 AUTHORRED REPRESMATNE _
K David Tucker KATHY ��•� `"r """ "
ACORD 25(2009101) SAX: 253.B56.6120 9) 1988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are regletered marks of ACORD
c a anal oti ivav 10 4111 AAA 7 01V 'APgaa
1 IVIII I N 1110NVI IV. IGVVVVVVILV rdye 411 UdlO.UIVILV IV I UO I`J 1'IYI
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED,the pohcy(ies)must be endorsed.A statement
on this certificate does not confer rights to the certiflcate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may
require an endorsement.A statement on this certificate does not confer rights to the certificate
holder In lieu of such endorsement(s)
DfSCLA1MER
This Certlflcate of Insurance does not constitute a contract between the issuing Insurer(s), authorized
representative or producer,and the certificate holder,nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon
-ORD 25(2009101)
ti 'd E091 }u;N ;o Am WdEs :l 0106 'C '9;d
I IM111 f N 1114"ol I./, ILJJVJVV ILV r-dya J// W19M.O I VILU I I UO LV rIYI
COMMERCIAL GENERAL LIABILITY
WN GL 49 01 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - AUTOMATIC STATUS WHEN
REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU
PRIMARY AND NONCONTRIBUTORY
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section It—Who Is An Insured Is amended to a.In- e e n The preparing, approving, or failing to pre-
clude as an additional insured 'any person or organ- pare or approve, maps, shop drawings, opin-
hcatlon for whom you are performing operations ions, reports, surveys, field orders, change
when you and such person or organization have orders or drawings and specifications; or
agreed in writing In a contract or agreement that bpervisory, Inspection, architectural or en-
such person or organizatlon .•supervisory,be added as an add[- su eering activities,
llonal Insured on your policy.Such person or organ-
ization is an additional insured only with respect to 2. "Bodily Injury" or "property damage" occurring
liability for "bodlly Injury", "property damage" or after:
"personal and advertising injury" caused, in whole a. All work, including malerlals, parts or equlp-
or in part, bx_ -- _ - _- ment-•furnishad -In--connection- with such
1. Your acts or omissions; or work, on the project (other than service,
2. The acts or omissions of those acting on your maintenance or repairs) to be performed by
behalf: or on behalf of the additional Insured(s) at
the location of the covered operations has
In the performance of your ongoing operations for been completed: or
the additional Insured. b. That portion of "your work" out of which the
A person's or organization's status as an additional Injury or damage arises has been put to its
insured under this endorsement ends when your Intended use by any person or organization
operations for that additional Insured are com- other then another contractor or subcontrac-
pleted. tar engaged In performing operations for a
D. The Limits of Insurance applicable to the additional principal as a part of the same project
Insured are [hose specified in the written contract D. As respetts the coverage provided under this en-
or written agreement or In the Declarations of this dorsement, Paragraph 4.b. of the Other Insurance
policy, whichever is less. These Limits of Insur- Condition Is deleted and replaced by the following:
ante are inclusive of, and not In addition to Limits 4 Other Insurance
of Insurance shown in the Declarations.
C. With respect to the Insurance afforded to these ad- b, Excess Insurance
ditional Insureds,the following additional exclusions This Insurance is excess over any other in-
apply: surance naming the additional insured as an
This Insurance does not apply to: Insured whether primary, excess, contingent
or on any other basis unless the written con-
1. "Rocilly Injury", "property damage" or "personal tract or agreement described in A. above
and advertising injury[' arising out of the render- specifically requires that this insurance be
Ing of, or the failure to render, any professional provided on either a primary basis or a pri-
architectural, engineering or suryeying services, mary and noncontributory basis.
including:
WN GL 49 01 09 rncluelas copyridhied maredal arrnsurance Sorvlcas OnIces Inc.with Ks permrsslon. Page 1 of 1
S 'd E091 'oN }ua� jo WD Ms:z 010Z '01 'qaj
) IVlllr I Mrlldrlvl IV ILJJVJVV ILV rdye, wr UdLu. U IVJLV I I UWZU vlh
POLICY NUMBER:CPP 0014767 03 COMMERCIAL GENERAL LIABILITY
CG 25 03 03 97
THE ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED CONSTRUCTION PROJECT(S)
GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Construction Projects:
COVERAGE APPLIES TO
CERTIFICATES OF INSURANCE
REFERENCING FORM CG2503(03-97)
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
A. For all sums which the insured becomes 4. The limits shown in the Declarations for
legally obligated to pay as damages caused by Each Occurrence, Fire Damage and Med-
"occurrences" under COVERAGE A (SECTION ical Expense continue to apply. However,
1), and for all medical expanses caused by instead of being sub)act to the General
accidents under COVERAGE C (SECTION 11, Aggregate Limit shown in the
which can be attributed only to ongoing Declarations, such limits will be subject to
operations at a single designated construction the applicable Designated Construction
project shown in the Schedule above: Project General Aggregate Limit.
1, A separate Designated Construction Pro- 9, For all sums which^the Insured becomes
ject General Aggregate Limit applies to legally obligated to pay as damages caused by
each designated construction project, and "occurrences" under COVERAGE A [SECTION
that limit is equal to the amount of the 1), and for all medical expenses caused by
General Aggregate Limit shown in the accidents under COVERAGE C (SECTION 1),
Declarations, which cannot be attributed only to ongoing
operations at a single designated construction
2. The Designated Construction Project Gen- project shown in the Schedule above:
eral Aggregate Limit is the most we will
pay for the sum of all damages under 1. Any payments made under COVERAGE A
COVERAGE A. except damages because for damages or under COVERAGE C for
of "bodily injury" or "property damage" medical expenses shall reduce the amount
included in the "products-completed available under the General Aggregate
operations hazard", and for medical Limit or the Products-Completed
expenses under COVERAGE C regardless Operations Aggregate Limit, whichever Is
of the number of: applicable; and
a. Insureds; 2, Such payments shall not reduce any
b. Claims made or "suits" brought; or Designated Construction Project General
c Persons or organizations making claims Aggregate Limit.
or bringing "suits".
C. When coverage for liability arising out of the
S. Any payments made under COVERAGE A "products-completed operations hazard" is
for damages or under COVERAGE C for provided, any payments for damages because
medical expenses shall reduce the of "bodily injury" or "property damage"
Designated Construction Project General included in the "products-completed opera-
Aggregate Limit for that designated tions hazard" will reduce the Pro-
construction project. Such payments shall ducts-Completed Operations Aggregate Limit,
not reduce the General Aggregate Limit and not reduce the General Aggregate Limit
shown in the Declarations nor shall they nor the Designated Construction Project
reduce any other Designated Construction General Aggregate Limit.
Project General Aggregate Limit for any
other designated construction project
shown in the Schedule above.
CG 25 03 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2
9 'd E091 'ON ;U;y 10 Am WdEs Z COZ 'O1 'gad
win, I nrvnanoi 1W 1&J VVILV rdyc h/f VdLd OIUI/UIU I,UO,,CI h'IYI
D. If the applicable designated construction pro- E. The provisions of Limits Of Insurance
ject has been abandoned, delayed, or (SECTION III) not otherwise modified by this
abandoned and then restarted, or if the endorsement shall continue to apply as
authorized contracting parties deviate from
plans, blueprints, designs, specifications or
timetables, the project will still he deemed to
be the same construction project.
Page 2 of Z Copyright, Insurance Services Office, Inc„ 1996 CG 25 03 03 97
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�� REQUEST FOR MAYOR'S SIGNATURE
�-� KENT Please FIII in All Applicable Boxes
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
originator: Phone (Originator): w` It,
Date Sent -s 3 1 L ( ro Date Required. _ y 41 t 0
Return Signed Document to:! CONTRACT TERMINATION DATE: �lc
VENDOR NAME: 17 S DATE OF COUNCIL APPROVAL: A) t1
Brief Explanation of Document:
We have gone out to bid for the repairs needed at Service Club Baseball fields due to wire theft.
The wire theft has left every ball field light disabled including one score board. Along with the
replacement of the wire I have also asked for concrete Type I and Type II electrical boxes that
include steel lids. My thought is this will prevent wire theft in the future. Although the cost is
somewhat high for the reinforced electrical boxes, I believe it will prevent another big cost
down the road. My hope is that you will agree with this and allow all work to be completed as
shown in the low bid proposal provided by Duchess Construction.
All Contracts Must Be Routed Through The Law Department
(This area to be completed by the Law Department)
Received: RECFI V EV
Approval of Law Dept.:
Law Dept. Comments: (,tN dd��
LAkn1 ®EPA,
1�a
Date Forwarded to Mayor: / /D \
Shaded Areas To Be Completed By Administration Staff
Received
Recommendations and Comments:
2010
Disposition: d� YrI
� CIf7 OF r,ChT
CITY CLERK
Date Returned: