HomeMy WebLinkAboutPK10-199 - Original - All Around Fence Company - Riverbend Golf Course Fence Repair - 09/07/2010 Records Management�
KENT
WPSHINGTOV Document
.�ry
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: - All ) 1 Y oiA I'l d F7evi C -e Cc
Vendor Number:
ID Edwards Number
Contract Number: EKl o- 12 C?
This is assigned by CityClerk's Office
Project Name:
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ro- Contract
❑ Other:
a
Contract Effective Date: �' I D Termination Date: 0- V
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: ` Department: S
Detail: (i.e. address, location, parcel number, tax id, etc.):
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S.Public\RecordsMana ement\Forms\ContractCover adcc7832 I11 08
KENT
WASH INGTDN
PUBLIC WORKS AGREEMENT
between City of Kent and
All Around Fence Co.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and All Around Fence Co. organized under the laws of the
State of Washington, located and doing business at PO Box 1029 Ravensdale, WA 98051
P: 253-863-4895 F: 253-863-0704 (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:
Repair two sections of damaged fencing at the driving range and at the 18 hole golf
course as well as remove and replace a section of fence at the 18 hole golf course in
order for the City of Kent Facilities division can remove an underground fuel tank at
the at the Riverbend Golf Course in Kent, Washington as described in the
contractor's proposals dated May 19 (2) and August 25, 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, Contractor shall complete the work described in Section I within 30
days.
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed
Three Thousand Seven Hundred Ten Dollars ($3,710.00), 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.
PUBLIC WORKS AGREEMENT - 1
(Under$10K and No Performance Bond)
A. No Payment and Performance Bond. Because this contract, including
applicable sales tax, is less than $25,000, and pursuant to Chapter 39.08
RCW, the Contractor, in lieu of providing the City a payment and
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.
PUBLIC WORKS AGREEMENT - 2
(Under$I OK and No Performance Bond)
,
E. The Contractor has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
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
commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the
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
PUBLIC WORKS AGREEMENT - 3
(Under$1OK and No Performance Bond)
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
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
PUBLIC WORKS AGREEMENT - 4
(Under$10K and No Performance Bond)
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
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.
PUBLIC WORKS AGREEMENT - 5
(Under$1OK and No Performance Bond)
r
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 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.
PUBLIC WORKS AGREEMENT - 6
(Under$10K and No Performance Bond)
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and 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:
PMBy: By:
(siqnnature) 11 (signature)
Print Name: r?ov, V!L�1lJt,� Prin a e: Jeff Watling
Its ywnf-r Its: Parks Director-
(title)
DATE: gI3d40►0 DATE: til�7 % 10
PUBLIC WORKS AGREEMENT - 7
(Under$10K and No Performance Bond)
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Ron Dagley Pete Petersen
All Around Fence Co. City of Kent
PO Box 1029 220 Fourth Avenue South
Ravensdale, WA 98051 Kent, WA 98032
253-863-4895 (telephone) (253) 856-5190 (telephone)
253-863-0704 (facsimile) (253) 856-6190 (facsimile)
Rrverbend Golf Fence Repair 9-26-10
PUBLIC WORKS AGREEMENT - 8
(Under$10K 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 `�� day of b fi I s , 2010.
By: nn For: All RyDUnd RAnCe, l
Title: �WYlry-
Date: 8130 �2a C)
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
�, V 1!/t'+ A{
IFENCE
JC0.
tr l kiQ S��E C" Estimate Date-
All-Around Fence Co. +
Licensed • Bonded • Insured ' Estimate Time
OpPO Box 1029• Ravensdale.WA 98051-8101
Ph .alga round a • Fax (253)863-0704 V ONTRACT
www.allaroundfenceco.coin � 1�
rAE�E•J ''• License No ALLARFC085BA
Customer R 1 VIP r 1�el�li� �� I:C cor--% e X Start Date,
Contact Name- P-e-M Z S3 70"7 74 11 Build Date,
Phone#1. ZS3 S%p 5-1 90 Email:
Phone#2 Fax# 2 5 3 $940 B I R D
Billing Address: City: Zip
Site Address, 2(2 101 V16Sr /1'u e K4e L City K2 v17- Zip. TKO �?_
Directions. J )U Ve. C.k�,t,b h 0!.4 4?-
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underground Utikes: 1-800-424-5555
Footage
Height r
POSTS ppp
Terminal ?.� n n ,/k t v j b�
Line. 1 23) lip fTr
Gate
Material Specs
1 '(qxq V f
Li'00 S►S J)AtvKej�
r_eplquo. CLS P%oede
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Middle Rail IS(� o- t /
Top Rail. i ■e
Bottom Rail /•!14 ' f f
Tension Wire yes c( `1
IN Standard Estate
❑Full Panel NOTES QPP�cuut C1gir0%( )Dor"� "-f Te/lSp6 (� i1t/kL M/De Use Only
❑Picture Frame —�
❑Kirkland
❑Lattice Top M/DN
GATES,
Walk Gate THIS CONTRACT IS SUBJECT TO THETERMS AND CONDITIONS PRINTED ON THE REVERSE SIDE AND WHICH
Single Drive, ARE MADE A PART HEREOF BY THIS REFERENCE
Double Drive
Hillside WE PROPOSE hereb furnish material and labor-complete in accordance with the above specifications, fo the
Roll Gate sum of L3
Price `
Authorized by Sales
❑CLEARING
Signature Total
�TEAR-OUT The prices, specifications, and conditions are satisfactory and are hereby accepted These prices subject to
company audit before installation
HAUL-AWAY NOTE This proposal maybe withdrawn by us if not accepted within days
Terms, Convenants and Conditions
Terms,
This sale is for cash on completion A down payment maybe requested to be paid before work may begin If account is
overdue the purchaser agrees to pay delinquency charge of 1% per month on the unpaid balance and an additional sur-
charge of 25% of account balance plus reasonable attorney's fee, if account is referred to an attorney for collection
Extras.
In consideration of the price herein quoted, the purchaser agrees that the fence lines will be clear of all obstructions and
that the lines will be properly marked by customer by stakes or otherwise The price herein named does not contemplate
the encountering of rock, boulders, or other conditions that mandate the use of jackhammers or other coring equipment, if
these conditions are encountered and if it is necessary to drill for the setting of the posts or to furnish extra large or deep
foundations for the posts or to perform any extra labor, an extra per hour charge will be made to cover the additional ex-
pense involved Purchaser agrees to supply power at the job site If power is unavailable at the job site purchaser agrees
to pay for generator use Additional charges shall also apply to posts that need to be bolted to structures
Delays
Contracts which include erection, are taken on condition that the entire work be erected without interruption If it is neces-
sary to make more than one trip to complete the erection on account of changes or delays on the part of the Purchaser, an
extra charge may be made to cover the additional expense involved In the event of any undue delay caused by any party
other than All-Around Fence Company, then All-Around Fence Company shall have the right to pass along any increases in
cost resulting therefrom.
Changes.
No changes in measurements, location of lines or conditions will be allowed except at prices mutually agreed upon at the
time these changes are made
General
Customer or their representatives will be present at start of job, as well as the day of completion
This contract embodies the entire understanding between the parties, and there are not verbal agreements or representa-
tions in connection therewith
Purchaser must obtain licenses, planning permission approvals and permits, where such licenses, approvals and permits
are required
Location of well and pool pipes, electric lines,or any private utility will be clearly marked by the customer, and any damage
incurred due to incorrect marking will solely be the responsibility of the customer to repair If repaired by All-Around Fence
Company, it will be done at an hourly charge plus materials.
This estimate is only and estimate The price is subject to change due to any of the following conditions 1) added mate-
rial, 2) change in materials ordered
Lawn damage, due to working in wet conditions at the customer's request, will be the customers responsibility
All materials remain the property of All-Around Fence Company until fully paid for and can be removed for non-payment.
Locating, clearing and staking of fence and/or property lines is the sole responsibility of the purchaser Purchaser further
agrees that All-Around Fence Company shall not be held responsible for claims of encroachment, damage to underground
pipes, wires or hidden obstructions, and herewith waives any claims relating thereto
' �+� 61aa arrm I i
Q��pR0iiy4 All-Around Fence Co. Estimate Date: D
Licensed • Bonded • Insured tit
Time: C_ i�V\
PO Box 1029• Ravensdale.WA 98051-8101
Ph 125318634895 • Fax, 12531863-0704 �OSAL / CONTRACT
FENCE CO. www.a[laroundfenceco.com �(] ,P
License No ALLARFC0858A
Customer Kai V'I Feo—s cxj' ov",p Start Date
Contact Name. YJ-Q'S`P ZS 3 70cl 19 `1 Budd Date.
-T1
Phone#1: Zi�3 RSA 51 C(c) Email
Phone#2: Fax#: 'Z-S 3 $5 10 (Ot 90
Billing Address City. Zip:
Ytil
Site Address- 'L O ( CL CAS I e-CLe t/ t
City 4-e✓1T Zip GFO 3Z—
Directions 49 r a l V ltiln 1Z^"e p-c wos_( htee kt y
cat h W-OL ,se._
Underground Utilities: 1-800424-5555
(Z( vow—
Footage-
Height 491
..3- -
POSTS r1PluLC 3 , f� col
TerminLine
Gate Jyt 1 L)\ Aq V a MY
Material Specs 9
Zg l0 X S
Top Rail IS g
Middle Rail
Bottom Rail
Tension Wire
❑Standard Estate rI YEAR GUARANTEE on Workmanship & Materials
❑Full Panel [ w t , , `3 t Z )C 6 l< Office Use Only
❑Picture Frame NOTES 6�0 P c M/D
❑Kirkland ? T��SIC�� wIV-Q
❑Lattice Top MID/U
GATES
Walk Gate THIS CONTRACT IS SUBJECT TO THE TERMS AND CONDITIONS PRINTED ON THE REVERSE SIDE AND WHICH -
Single Drive ARE MADE A PART HEREOF BY THIS REFERENCE
Double Drive
Hillside WE PROPOSE here o f ish m anal and labor-comptete in a cordands with the above spau�cations,for thts
Roll Gate sum of Z�J O
Price
Authorized by Sales ID
❑CLEARING
Signature Total ?lCjS
TEAR-OUT The prices, specifications, and conditions are satisfactory and are hereby accepted These prices subject to
company audit before installation
HAUL-AWAY NOTE This proposal maybe withdrawn by us if not accepted within 0 days
Terms, Convenants and Conditions
Terms:
This sale is for cash on completion A down payment may be requested to be paid before work may begin If account Is
overdue the purchaser agrees to pay delinquency charge of 1% per month on the unpaid balance and an additional sur-
charge of 25°/0 of account balance plus reasonable attorney's fee, if account Is referred to an attorney for collection
Extras
In consideration of the price herein quoted the purchaser agrees that the fence lines will be clear of all obstructions and
that the lines will be properly marked by customer by stakes or otherwise The price herein named does not contemplate
the encountering of rock, boulders, or other conditions that mandate the use of jackhammers or other coring equipment, if
these conditions are encountered and if it is necessary to drill for the setting of the posts or to furnish extra large or deep
foundations for the posts or to perform any extra labor, an extra per hour charge will be made to cover the additional ex-
pense involved Purchaser agrees to supply power at the lob site If power is unavailable at the lob site purchaser agrees
to pay for generator use Additional charges shall also apply to posts that need to be bolted to structures
Delays.
Contracts which include erection, are taken on condition that the entire work be erected without interruption If it is neces-
sary to make more than one trip to complete the erection on account of changes or delays on the part of the Purchaser, an
extra charge may be made to cover the additional expense involved In the event of any undue delay caused by any party
other than All-Around Fence Company, then All-Around Fence Company shall have the right to pass along any increases in
cost resulting therefrom
Changes:
No changes in measurements, location of Imes or conditions will be allowed except at prices mutually agreed upon at the
time these changes are made
General:
Customer or their representatives will be present at start of lob, as well as the day of completion
This contract embodies the entire understand ng between the parties, and there are not verbal agreements or representa-
tions in connection therewith
Purchaser must obtain licenses, planning permission approvals and permits, where such licenses, approvals and permits
are required
Location of well and pool pipes, electric lines, or any private utility will be clearly marked by the customer, and any damage
Incurred due to incorrect marking will solely be the responsibility of the customer to repair If repaired by All-Around Fence
Company, it will be done at an hourly charge plus materials
This estimate is only and estimate The price is subject to change due to any of the following conditions. 1)added mate-
rial, 2) change in materials ordered
Lawn damage, due to working in wet conditions at the customer's request, will be the customers responsibility
All materials remain the property of All-Around Fence Company until fully paid for and can be removed for non-payment
Locating, clearing and staking of fence and/or property lines Is the sole responsibility of the purchaser Purchaser further
agrees that All-Around Fence Company shall not be held responsible for claims of encroachment, damage to underground
pipes, wires or hidden obstructions, and herewith waives any claims relating thereto
��PRovya All-Around Fence Co. Estimate Date. nZS //0
Licensed • Bonded • Insured Estimate Time. V\
PO Box 1029 • Ravensdale,WA 98051-8101
FENCE CO. Ph I2531 863-4895 • Fax (253)863-0704 PROPOSAL / CONTRACT
www.al(aroundfenceco.com
n ` License No ALLARFC0858A
Customer ��y����Y�CY �O t� �t7�'tiQ '�� Start Date
Contact Name p Build Date
Phone 41 2)z; R LD � � Email.
Phone#2- Fax# 7'1�73 <r�15(0 (0 19 d
Billing Address City, Zip
Site Address- 2 c�l�l W£S Meeke v- City- K e v' T Zip, G$U 3 2-
Dlrections
Underground Utilities: 1-500-424-5555
Footage (� Z� jZo �` T eMIO FCA(4L
Height (� I to C v X7<x yc fzjzMoue. Fr;(ILC
r
lvfirr Aa 1--
POSTS01
(o
Terminal V19 -cy—k Q O Q ��
Line -2,318
Gate
Material Specs �b0� �I
C
'�`t1.S-� F h C�t�X.Z �py'Nt✓ �UfiT SAYS
Top Rail }t
(
Middle Rail y2.5 Z� ! Zb
Bottom Rail 1lZS
Tension Wire < I 340---P Ft nL
,
❑Standard Estate A '
❑Full Panel i2 CaYI9 �2?-
C f ce Use Only
El Picture Frame NOTES 2 MO t) A,ey-O)K 4 Zt c� r- M/D
f
❑Kirkland 1J0 (r3eo-E to ( ,✓+ �!! C.�'4m fli 1 1 V1 IC , (ZP, yr Sfr � �ia-
❑Lattice Top Ca/ (Cc'-11 e✓ C) M/DIU
AA '
GATES I rl S+ck I l a v,�l �i !c u I? Cr y r�K I -Zoe to TeV'ItF �nI-p-
Walk Gate THIS CONTRACT IS SUBJECT TO THE TERMS AND CONDITIONS PRINTED ON THE REVERSE SIDE AND WHICH
Single Drive use rrw 'ARE MADE A PART HEREOF BY THIS REFERENCE
Double Drive
Hillside WE PROPOSE hereby to furnish material and labor-complete in accordance with the above specifications,for the
Roll Gate sum of 0-
Price �-2%fOo
Authorized by Sales
4
)CLEARING Signature Total
TEAR-OUT The prices, specifications, and conditions are satisfactory and are hereby accepted These prices subject to
q
company audit before installation
HAUL-AWAY NOTE This proposal may be withdrawn by us if not accepted within� _days
Terms, Convenants and Conditions
Terms
This sale is for cash on completion A down payment may be requested to be paid before work may begin If account is
overdue the purchaser agrees to pay delinquency charge of 1% per month on the unpaid balance and an additional sur-
charge of 25% of account balance plus reasonable attorney's fee, if account is referred to an attorney for collection
Extras-
In consideration of the price herein quoted, the purchaser agrees that the fence lines will be clear of all obstructions and
that the lines will be properly marked by customer by stakes or otherwise The price herein named does not contemplate
the encountering of rock boulders, or other conditions that mandate the use of jackhammers or other coring equipment, if
these conditions are encountered and if it is necessary to drill for the setting of the posts or to furnish extra large or deep
foundations for the posts or to perform any extra labor, an extra per hour charge will be made to cover the additional ex-
pense involved Purchaser agrees to supply power at the lob site If power is unavailable at the lob site purchaser agrees
to pay for generator use Additional charges shall also apply to posts that need to be bolted to structures
Delays
Contracts which include erection, are taken on condition that the entire work be erected without interruption if rt is neces-
sary to make more than one trip to complete the erection on account of changes or delays on the part of the Purchaser, an
extra charge may be made to cover the additional expense involved In the event of any undue delay caused by any party
other tha,) All-Around Fence Company, then All-Around Fence Company shall have the right to pass along any increases in
cost resulting therefrom
Changes:
No changes in measurements, location of lines or conditions will be allowed except at prices mutually agreed upon at the
time these changes are made
General
Customer or their representatives will be present at start of lob, as well as the day of completion
This contract embodies the entire understanding between the parties, and there are not verbal agreements or representa-
tions in connection therewith
Purchaser must obtain licenses, planning permission approvals and permits, where such licenses, approvals and permits
are required.
Location of well and pool pipes, electric lines, or any private utility will be clearly marked by the customer, and any damage
Incurred due to incorrect marking will solely be the responsibility of the customer to repair If repaired by All-Around Fence
Company, it will be done at an hourly charge plus materials
This estimate is only and estimate The price is subject to change due to any of the following conditions 1) added mate-
rial, 2) change in materials ordered.
Lawn damage, due to working in wet conditions at the customer's request, will be the customers responsibility
All materials remain the property of Ail-Around Fence Company until fully paid for and can be removed for non-payment
Locating, clearing and staking of fence and/or property lines is the sole responsibility of the purchaser Purchaser further
agrees that All-Around Fence Company shall not be held responsible for claims of encroachment, damage to underground
pipes, wires or hidden obstructions, and herewith waives any claims relating thereto
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,
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.
3. Worker's 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:
Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident.
Commercial General Liability insurance shall be written with limits no less than $1,000,000
each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed
operation aggregate limit
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Commercial General Liability and Builders Risk 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.
Exhibit B (Continued)
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 AXII.
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 Before any
exposure to loss may occur, the Contractor shall file with the City a copy of the Builders Risk
insurance policy that includes all applicable conditions, exclusions, definitions, terms and
endorsements related to this project
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.
PollcyNumber 604698828 Dale Entered 12/8/2009
DATE IMM'DDNYYYI
CERTIFICATE OF LIABILITY INSURANCE 1 12/8/2009
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
14323 16th St East INSURER
Sumner, WA 98390 INSURERO
INSURER E
COVERAGES
i HE 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 OTITER DOCUMCNT 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 POLICY EFFECTIVE POLfCYEXPIRATION LIMITS
LTR p y A POLICY NUMBER i t A M
GENERAL LIABILITY EACH OCCURRENCE 52,000,000
A COUVER^IAL GENERAL LIABILITY 604698828 12/1/2009 12/1/2010 b�IS'SL RENTE[)
OREMSESIE_aevu-0- S100,000
CLAMS YAOE �' OCCUR MEDEXP[AII.n Vusnnl 55,000
PERSONAL&ADVINJURY _S2,000,000
_ LGENERALAGGREGATE 34,000,000
PRODUCTS COMPROPAGG S4,0001000
GEN L AGGREGATE LIMIT APPLIES PER _
�Y P O-
POLICY . FT LCC
AUTOMOBILE LIABILITY COHBINE➢SINGLE LIMIT
A (Ea acaM=Al) 52,000.000
ANI AUTO 604698828 12/1/2009 12/1/2010 _
ALL OW NEO AUTOS BODILY INJURY
SCHEDULED AUTOS (Per $
MIRED AUTOS I BODILY INJURY
(Per aeudenD S
' NON OWNFO AUTOS J,_
PROPERTYDAMAGE S
IPer aeudanq
GARAGE LIABILITY AUTOONLY EAACCIOENT S
ANY ALFrO OTHER THAN EA ACC S
AUTO ONLY AGG S
EXCESS I UMBRELLA LIABILITY FACH OCCURRENCE S
ocwR CLAIIAS MADE AGGPEGATE
5
DEDUCTIBLE
RETENTION S S
/WORKERS COMPENSATION W'CSTATU. OrH��
AND EMPLOYERS LIABILITY YIN -_LORYLIMITS ER ;
AIJY PROPRIETOR'PARTn"R E>EEUTIVE
A EL PAC"ACCIDENT g1,000,000
CrFsrER LIFTIEER EXCLUDED, � 604698828 12/1/2009 12/1/2010 --
(Mlndilory in NH) El. DISEASE EA E•d PLOYEE S1,000,000
r,cs PROIA Je< SIONS EL DISEASE POUCYLIIAT 51/000/000
CP_CI„L PHO`.I roloY.
OTHER
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
CERTIFICATE HOLDER CANCELLATION
City of Kent SHOULD ANY OFTHEABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL30 DAYS WRITTEN
220 4th Ave S NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILUPE TO DO 30 SHALL
Kent, WA 98032 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR
REPRESENTATIVES _
AUTHORIZED REPRESENTATIVE
ACORD 25(2009101) 01988-2009 ACORD CORPORATION All rights reserved
The ACORD name and logo are registered marks of ACORD
RFox¢ad uvng Fom+s Bass Plus soltAAre ewa FWMSBaSS cum I R Ic s 0 Pu^bdona S30 239 197;
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement
on this certificate does not confer rights to the certificate 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)
DISCLAIMER
This Certificate 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
ACORD 25(2009101)
r
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,
* 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
forthatinsured
BP 04 50 0197 Copyright, Insurance Services Office, Inc , 1997 Page 1 of 1 ❑