HomeMy WebLinkAboutPK11-086 - Original - Sunset Septic Tank Co., Inc. - Three Friends Septic Pumping - 02/08/2011 Records Management,
KENT Document
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: �/� V15 2� I CL �� - C
Vendor Number:
JD Edwards Number
Contract Number: tor I I -r-)-$(23
This is assigned byy City Clerk's Office �^ P
Project Name: ! e �L 2� > S G Vt W-, Q lq
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment �ntract
❑ Other:
Contract Effective Date: Termination Date: 1 2
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager. br`1` Department:
Detail: (i.e. address, location, parcel number, tax id, etc.):
S Public\RecordsManagement\Forms\Contractcover\adcc7832 1 11/08
KENT
WASHINGTON
GOODS & SERVICES AGREEMENT
FOR
ORDINARY MAINTENANCE
between the City of Kent and
Sunset Septic Tank Co., Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and Sunset Septic Tank Co organized under the laws of the
State of Washington, located and doing business at 918 Central Ave S. Kent, WA 98032
P: 253-852-3210; F: 253-854-3810 (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following
services for the City:
Provide the labor, materials and equipment to pump the 3,000 gallon holding tank
in the restroom at the Three Friends Fishing Hole in Kent, Washington once per
month, or as requested, as described in the contractor's proposal dated January 21,
2011 attached and incorporated as Exhibit A.
Vendor acknowledges and understands that it is not the City's exclusive provider of these
goods, materials, or services and that the City maintains its unqualified right to obtain these
goods, materials, and services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall
complete the work and provide all goods, materials, and services by December 31, 2012.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Twenty
Thousand Five Hundred Twenty Dollars ($20,520.00), plus applicable Washington State Sales
Tax (9.5%), for a total of Twenty Two Thousand Four Hundred Sixty Nine Dollars and Fifty Two
Cents ($22,469.52) for the goods, materials, and services contemplated in this Agreement. The
City shall pay the Vendor the following amounts according to the following schedule:
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 1
(Over$10,000.00, including WSST)
Vendor shall submit monthly invoices in which the City will pay.
If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves
the option to only pay that portion of the invoice not in dispute. In that event, the parties will
immediately make every effort to settle the disputed portion.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment
from Vendor for any defective or unauthorized goods, materials or services. If
Vendor is unable, for any reason, to complete any part of this Agreement, the City
may obtain the goods, materials or services from other sources, and Vendor shall
be liable to the City for any additional costs incurred by the City. "Additional costs"
shall mean all reasonable costs, including legal costs and attorney fees, incurred by
the City beyond the maximum Agreement price specified above. The City further
reserves its right to deduct these additional costs incurred to complete this
Agreement with other sources, from any and all amounts due or to become due the
Vendor.
B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT
SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME
REQUEST FOR FINAL PAYMENT IS MADE.
IV. PREVAILING WAGES. Vendor shall file a "Statement of Intent to Pay Prevailing
Wages," with the State of Washington Department of Labor & Industries prior to commencing
the Contract work. Vendor shall pay prevailing wages in effect on the date the bid is accepted or
executed by Vendor, and comply with Chapter 39.12 of the Revised Code of Washington, as well
as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision
issued by the Department of Labor and Industries is attached.
V. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Vendor has the ability to control and direct the performance and details
of its work, the City being interested only in the results obtained under this
Agreement.
B. The Vendor maintains and pays for its own place of business from which
Vendor's services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the
City retained Vendor's services, or the Vendor is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 2
(Over$10,000,00, including WSST)
D. The Vendor 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 Vendor has registered its business and established an account with the
state Department of Revenue and other state agencies as may be required
by Vendor's business, and has obtained a Unified Business Identifier (UBI)
number from the State of Washington.
F. The Vendor maintains a set of books dedicated to the expenses and earnings
of its business.
VI. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement.
VII. CHANGES. The City may issue a written change order for any change in the goods,
materials or services to be provided during the performance of this Agreement. If the Vendor
determines, for any reason, that a change order is necessary, Vendor must submit a written
change order request to the person listed in the notice provision section of this Agreement,
section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have
known of the facts and events giving rise to the requested change. If the City determines that
the change increases or decreases the Vendor's costs or time for performance, the City will
make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the
Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will
determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
change order work upon receiving either a written change order from the City or an oral order
from the City before actually receiving the written change order. If the Vendor fails to require a
change order within the time allowed, the Vendor waives its right to make any claim or submit
subsequent change order requests for that portion of the contract work. If the Vendor disagrees
with the equitable adjustment, the Vendor must complete the change order work; however, the
Vendor may elect to protest the adjustment as provided in subsections A through E of Section
VII, Claims, below.
The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. A change order that
is accepted by Vendor as provided in this section shall constitute full payment and final
settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
VIII. CLAIMS. If the Vendor disagrees with anything required by a change order,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Vendor may file a claim as provided in this
section. The Vendor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Vendor knew or should have known of the facts or events giving
rise to the claim, whichever occurs first . Any claim for damages, additional payment for any
reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively
deemed to have been waived by the Vendor unless a timely written claim is made in strict
accordance with the applicable provisions of this Agreement.
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 3
(Over$10,000.00, including WSST)
At a minimum, a Vendor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred
as a result of the asserted events giving rise to the claim. The City shall have
access to any of the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are
followed. If the City determines that a claim is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
C. Vendor's Dui to Complete Protested Work. In spite of any claim, the Vendor shall
proceed promptly to provide the goods, materials and services required by the City
under this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Vendor also waives any additional entitlement and accepts from the City any
written or oral order (including directions, instructions, interpretations, and
determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures
of this section, the Vendor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM
THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT
SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY
LIMITATIONS PERIOD.
X. WARRANTY. This Agreement is subject to all warranty provisions established
under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants
goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and Vendor's representations to City. The Vendor
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 4
(Over$10,000.00, including WSST)
shall correct all defects in workmanship and materials within one (1) year from the date of the
City's acceptance of the Contract work. In the event any part of the goods are repaired, only
original replacement parts shall be used—rebuilt or used parts will not be acceptable. When
defects are corrected, the warranty for that portion of the work shall extend for one (1) year
from the date such correction is completed and accepted by the City. The Vendor shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Vendor does not accomplish the corrections within a reasonable time as
determined by the City, the City may complete the corrections and the Vendor shall pay all costs
incurred by the City in order to accomplish the correction.
XI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on
behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates.
Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy
Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract
work, file the attached Compliance Statement.
XII. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Vendor's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Vendor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Vendor refuses tender of defense in any suit or any claim, if that tender was
made pursuant to this indemnification clause, and if that refusal is subsequently determined by a
court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable
expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred
because there was a wrongful refusal on the Vendor's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
XIV. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 5
(Over$10,000,00, including WSST)
in the performance of the contract work and shall utilize all protection necessary for that
purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any
loss of or damage to materials, tools, or other articles used or held for use in connection with the
work.
XV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties` performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, 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
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 6
(Over$10,000.00, including WSST)
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Vendor's business, equipment, and personnel engaged in operations covered by this
of those operations.
Agreement or accruing out of theperformancep
9 9
I. Counterparts, This Agreement may be executed in an number of counterparts,
P 9 Y Y
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.
VENDOR: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: T3cey k- 1-1-4rwooc( Pri t Suzette Cooke
Its V i c-e— V rti side h-t- Ma or
(title)
DATE: ►1 E:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
Brent Harwood Brian Saw
Sunset Septic Tank Co. City of Kent
918 Central Ave S 220 Fourth Avenue South
Kent, WA 98032 Kent, WA 98032
253-852-3210 (telephone) (253) 856-5126 (telephone)
253-854-3810 (facsimile) (253) 856-6120 (facsimile)
APPROVED AS TO FORM:
t/wk-
Uk-�-
KAt Law Department
Three Friends-Sunset Septic-1-25.11
GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 7
(Over $10,000.00, Including WSST)
i
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 2.7 — day of Sati 2011.
By: &'�2
For: 5Lrise-t '0.w k Ca•!� =10G,
Title: V l C2 Pr-e-S i
Date:
EEO COMPLIANCE DOCUMENTS - 1 of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of , 20
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3 of 3
J FaN-21 2538543810 P. 02
—2011 10 :04 AM SUNSET SEPTIC {�
7r �ibi�
SUNSET SEPTIC TANK COMPANY, INC.
918 Central Avenue South
Kent, Washington 93032
Phone 253-852,J210 Fax 253-954-3810
January 20, 2011
To: City of Kent Parks,
Recreation& Community Services
2204*Avenue South
Kent, WA 98032-5895
Fax 253-856-6050
Attn: Tony Donati
Brian Saw
Clinton
From; Brent Harwood
Licensed Septic System Installer KCHD# l87
Licensed Septic System Pumper KCHD#HW 69
RIB: Bid
Three Friends Fishing Hole Park
South 190 Street and 50 Place
Scope of Work/Proposal: Sunset Septic Tank Company, Inc.,would provide the labor,
materials and equipment to pump the 3000 gallon holding tank at the restroom at the
Three Friends Fishing Hole Park located adjacent to the Green River at South 196°i Street
and 58'"Place(formerly Russell Road). Sunset Septic Tank Company, Inc.,would pump
the vault on a monthly or an as needed basis beginning in January 2011 through
December 31, 2012.
The cost of the aforementioned pumping would be $855.00 plus Washington State sales
tax, currently 9.5%. Should the King County dump fees increase, Sunset Septic Tank
Company, Inc. may notify City of Kent Parks, Recreation and Community Services of a
slight rate increase.
For any further questions, please call me.
Sincerely yours,
Brent Harwood
Vice-President
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.
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.
01/24/2011 15:32 4259171315 HUMBLE & DAVENPORT PAGE 01/01
ACORDM o1/24/z4 DNYYYI
CERTIFICATE OF LIABILITY INSURANCE °ATIII 1/z011o11
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW- THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the poliey(ies)must be endorsed. If SUBROGATION IS WANED,subject to
the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACr
NAME!
Humble & Davenport Ins Brokers Inc PHONEe,E�r)- 425.226.8221 2 Nol42S.255.9342
3500 Maple Valle E-MML
p Y Hwy ADDRESS:
Renton, WA 98OS8 cuSTOMERIDs:
INSURERS)AFFORDING COVERAGE NAIC Y
MSURED INSURERA North Pacific 23992
Sunset Septic Tank Company, Inc. iNsuRFRP: The Ohio Casualty Insurance Co 24074
918 Central Avenue S INSURER C!
Kent, WA 99032 INSURER D: _
INSURER II V
INSURER F: —
COVERAGES CERTIFICATE NUMBER:GLAU REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
LTR TYPE OF INSURANOET INBR VM POLICY NUMBER NMItM/YYYY MMIDDryyyv LIMITS
GENERAL LIABILITY C21115396 09JO912010 09)0912011 EACHOCCURRENCE S 1,ODAMAGE TZI RENTED DD,oO
TX COMMERCIAL GENERAL LIABILITY _I;iimauJf„Dmmmpel S 100.000
CLAIMS-MADF, FX-1 OCCUR MED EXP(Any one por:mn) $ 1,12T
A PERSONAL$ADV INJURY $ 19000,00(
4 GENERAL AGGREGATE $ 1 00O 0
GEN L AGGREGATE LIMIT APPLIES PER, PRODUCTS•COMP/OP AGG $ 1,GOO,OO
POLICY I PPCT LOC T S
AUTOMOBILE LIABILITY BA05371505 01/2212011 01/22/2012 COMBINED SINGLE LIMIT
(Ea woldenl) $ 1,000,00
ANY AUTO
BODILY INJURY(Per por<on) $
y ALL OWNED AUTOS BODILY INJURY(Per aw'derd) $
B X SCHEDULED AUTOS PROPERTY DAMAGE S
HIRED AUTOS (Per buidwt)
NON.OWNED AUTOS 9
UMBRCU.A LIAR OCCUR EACH OCCURRENCE $
EXCESS LIAR CLAIMS-MADE AGGREGATE $ —
DEDUCTIBLE S
RETENTION $ S
MrORKERSCOMPENSATION tQRY IATIT OTH-
AND EMPLOYERS LIABILITY YIN .-
ANY PROPRIETOR/PARTNEWE:IECUTIVIi NIA EL EACH ACCIDENT $
OFFICERIMEMBER EXCLUDED?
(Mendamry In NH) EL DISEASE•EA EMPLOYEE S
if SC IPTIO 2E OPERATIONS E L DISEASE-POLICY LIMIT S
yme.d acribe OPERATIONS 1101DW
DESCRIPTION OF OPF,RATIQNS I LOCATIpNS I VENULES ADe .ACORD IOI,Addld net Remarks Seb dale,Irmo a ee IA mqul
E: Three Friends Fishing Hole F(ar�C-pumping ofi 3000 gallon holding tank once per month or as requested.
ertificate holder is included as additional insured as their interest may apply regarding the above
lentioned project,
,ERTIFICATE HOLDER CANCELLATION
SAX: 253.856.6050
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL ME DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Kent / Park & Recs Dept / Attn: Tony AUTHORIZED REPRESraNTATfVF
220 "4th" Avenue S
Ke t, WA 98032 IDebra Paulsen DEBRA
01989-2009 ACORD CORPORATION. All rights reserved.
(CORD 25(2009109) The ACORD name and logo are registered marks of ACORD
0911512010 09:00 Humble&Davenport (FAX)425 255 9342 P.0031003
POLICY NUMBER C21115396 COMMERCIAL GENERAL L1AB€L1TY
CG20101Q01
THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurarnce provideo underthe following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name or Person or Organization:
City of Kent
(If no entry appears above,information required to complete this endorsement will be shown in the
Declarations as applicable to this end❑,-semeri
A. Section 11 — Who Is An Insured is (1) All work, including materials, parts or
amended to Include as an insured the person or equipment famished in connection with such
organization shown in the Schedule, but only work, on the project (other than service,
with respect to liability arising out of your maintenance or repairs) to be performed by or
ongoing operations performed for that insured, on behalf of the additional insured(s) at the site
of ft-cow"Cfea -
B- With respect to the insurance afforded to or
these additional insureds, the following
axrli isFnn N addari' (2)That pnrbon of"your work" out of which the
injury or damage arises has been put to its
2.Exclusions intended use by any person or organization
This insurance does not apply to "bodily other than another contractor or subcontractor
injury"or"property damage"occurring after_ engaged in performing operations for a principal
as a part of the same project
CIS 20 10 10 61 C ISO Properties,Inc, 2000 Page 1 of 1
Page 1 of 3
State of Washington
Department of Labor & Industries
Prevailing Wage Section - Telephone 360-902-5335
PO Box 44540, Olympia, WA 98504-4540
Washington State Prevailing Wage
The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe
benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A
brief description of overtime calculation requirements are provided on the Benefit Code Key.
Journey Level Prevailing Wage Rates for the Effective Date: 1/25/2011
County Trade Job Classification Wa a Holiday Overtime Note
King Laborers Air, Gas Or Electric Vibrating Screed $40.031 7A 1H
King Laborers Airtrac Drill Operator $41.28 7A 1H
King Laborers Ballast Regular Machine $40.03 7A 1 H
King Laborers Batch Weighman $33.93 7A 1H
King Laborers Brick Pavers $40.03 7A 1H ;
King Laborers Brush Cutter $40.03 7A 1H
King Laborers Brush Hog Feeder $40.03 7A 1H
King Laborers Burner $40.03 7A 1H
King Laborers Caisson Worker $41.28 7A 1H
King Laborers Carpenter Tender $40.03 7A 1H
King Laborers Caulker $40.03 7A 1H
King Laborers Cement Dumper-paving $40.77 7A 1H
King Laborers Cement Finisher Tender $40.03 7A 1H s
King Laborers Change House Or Dry Shack $40.03 7A 1H
King Laborers Chipping Gun (under 30 Lbs.) $40.03 7A 1H
King Laborers Chipping Gun(30 Lbs. And Over) $40.77 7A 1H
King Laborers Choker Setter $40.03 7A 1H
King Laborers Chuck Tender $40.03 7A 1H
King Laborers Clary Power Spreader $40.77 7A 1H
King Laborers Clean-up Laborer $40.03 7A 1H
King Laborers Concrete Dumper/chute Operator $40.77 7A 1H
King Laborers Concrete Form Stripper $40.03 7A 1H
King Laborers Concrete Placement Crew $40.77 7A 1H
King Laborers Concrete Saw Operator/core Driller $40.77 7A 1H
King Laborers Crusher Feeder $33.93 7A 1H =
King Laborers Curing Laborer $40.03 7A 1H
King Laborers Demolition: Wrecking Ex Moving (incl. $40.03 7A 1H
Charred Material)
King Laborers IDitch Digger $40.03 7A 1H
King Laborers I Diver $41.28 7A 1H
https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 1/25/2011
Page 2 of 3
King Laborers Drill Operator (hydraulic,diamond) $40.771 A 1H
King Laborers Dry Stack Walls $40.031 7A 1H
King Laborers Dump Person $40.03 7A 1H
King Laborers Epoxy Technician $40.03 7A 1 H
King Laborers Erosion Control Worker $40.03 7A 1H
King Laborers Faller £t Bucker Chain Saw $40.77 7A 1H
King Laborers Fine Graders $40.03 7A 1H
King Laborers Firewatch $33.931 7A 1H
King Laborers Form Setter $40.031 7A 1H
King Laborers Gabian Basket Builders $40.03 7A 1H
King Laborers General Laborer $40.03 7A 1H
King Laborers Grade Checker £t Transit Person $41.28 7A 1H
King Laborers Grinders $40.03 7A 1H
King Laborers Grout Machine Tender $40.03 7A 1 H
King Laborers Groutmen (pressure)including Post $40.77 7A 1H
Tension Beams
King Laborers Guardrail Erector $40.03 7A 1H
King Laborers Hazardous Waste Worker (level A) $41.28 7A 1H
King Laborers Hazardous Waste Worker (level B) $40.77 7A 1H
King Laborers Hazardous Waste Worker (level C) $40.03 7A 1 H
King Laborers High Scaler $41.28 7A 1H
King Laborers Jackhammer $40.77 7A 1H
King Laborers Laserbeam Operator $40.77 7A 1H
King Laborers Maintenance Person $40.03 7A 1H
King Laborers Manhole Builder-mudman $40.77 7A 1H
King Laborers Material Yard Person $40.03 7A 1H
King Laborers Miner $41.28 7A 1H
King Laborers Mortarman 8 Hodcarrier $40.77 7A 1 H
King Laborers Motorman-dinky Locomotive $40 77 7A 1H
King Laborers Nozzleman (concrete Pump, Green $40.77 7A 1H
Cutter When Using Combination Of
High Pressure Air Et Water On
Concrete Et Rock, Sandblast, Gunite,
Shotcrete, Water Bla
King Laborers Pavement Breaker $40.77 7A 1H
King Laborers Pilot Car $33.93 7A 1H
King Laborers Pipe Layer Lead $41.28 7A 1H
King Laborers Pipe Layer/tailor $40.77 7A 1H
King Laborers Pipe Pot Tender $40.77 7A 1H
King Laborers Pipe Reliner $40.77 7A 1H
King Laborers Pipe Wrapper $40.77 7A 1H
King Laborers Pot Tender $40.03 7A 1H
King Laborers Powderman $41.28 7A 1 H
s
King Laborers Powderman's Helper $40.031 7A 1H
King Laborers Power Jacks $40.771 7A 1H
https:l/fortress wa.gov/lni/Wagelookup/prvWagelookup.aspx 1/25/2011
Page 3 of 3
King Laborers Railroad Spike Puller - Power $40.771 7A 1 H
King Laborers Raker - Asphalt $41.281 7A 1 H
King Laborers Re-timberman $41.28 7A 1 H
King Laborers Remote Equipment Operator $40.77 7A 1 H
King Laborers Rigger/signal Person $40.77 7A 1H
King Laborers Rip Rap Person $40.03 7A 1H
King Laborers Rivet Buster $40.77 7A 1H l
King Laborers Rodder $40.77 7A 1H
King Laborers Scaffold Erector $40.03 7A 1H
King Laborers Scale Person $40.03 7A 1H
King Laborers Sloper (over 20") $40.77 7A 1H
King Laborers Sloper Sprayer $40.03 7A 1H s
King Laborers Spreader (concrete) $40.77 7A 1H
King Laborers Stake Hopper $40.03 7A 1H
King Laborers Stock Piler $40.03 7A 1H
King Laborers Tamper £t Similar Electric, Air £t Gas $40.77 7A 1H
Operated Tools
King Laborers Tamper (multiple 8 Self-propelled) $40.77 7A 1H
King Laborers Timber Person - Sewer (lagger, $40.77 7A 1H 3
Shorer Et Cribber)
King Laborers Toolroom Person (at Jobsite) $40.03 7A 1H
King Laborers Topper $40.03 7A 1H
King Laborers Track Laborer $40.03 7A 1 H
King Laborers Track Liner (power) $40.77 7A 1 H
King Laborers Truck Spotter $40.03 7A 1H
I King Laborers Tugger Operator $40.77 7A 1H
King Laborers Vibrator $40.77 7A 1H
King Laborers Vinyl Seamer $40.03 7A 1H l
King Laborers Watchman $30.84 7A 1H
King Laborers Welder $40.77 7A 1H
King Laborers Well Point Laborer $40.77 7A 1H
King Laborers Window Washer/cleaner $30.841 7A 1H
https://fortress.wa.gov/lni/wagelookup/PrvWagelookup.aspx 1/25/2011
REQUEST FOR MAYOR'S SIGNATURE
KENT Please Fill in All Applicable Boxes
W 1�.T.�
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
2
Originator: Quientin Poll Phone (Originator): x5127
Date Sent: January 31, 2011 Date Required: February 7 2011
Return Signed Document to: Tony Donati CONTRACT TERMINATION DATE: Dec. 31, 2012
VENDOR NAME: Sunset Septic Tank Co. DATE OF COUNCIL APPROVAL: N/A
Brief Explanation of Document:
We would like to hire Sunset Septic Tank Co. to pump the 3000 gallon tank at Three Friends
Fishing Hole. We have had a strong working relationship with this local company for the past 3
to 4 years and trust their work. The reason we have to contract this park out for pumping is
because the unit we currently use for sanicans only holds 400 gallons and cannot handle the
depth of the tank at Three Friends. We are also not state certified to haul sludge.
We will not exceed the contract amount because the tank is pumped on average 8 times a year
and the cost is based on 12 pumps a year. This contract has also been adjusted from a one
year contract to a two year contract.
All Contracts Must Be Routed Through The Law Department
(This area to fbe completed by the Law Department)
Received: RECEIVED
E®
Approval of Law Dept.: FEB 0 4 2011
Law Dept. Comments: =EFcriVE, ,
KENT LAW DEPT.
Date Forwarded to Mayor: J / I a u rt 's'er L
Shaded Areas To Be Completed By Administration Staff
1
Received:
l i
Recommendations and Comments: �11,
Disposition: 41/ �LGU �✓� � , / � C" ^"
/ U
Date Returned: