HomeMy WebLinkAboutPK11-114 - Original - WM Dickson Company - Lake Rental House - Asbestos Removal - 03/18/2011 O Records Management)
KEN WASHIN GTON Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
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Vendor Number:
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Contract Number: & I - I
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Project Name: Lo, �'Q fe yv'tthr, I A Sbe S Re vvx6va (
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment Contract
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Contract Effective Date: b Termination Date:
Contract Renewal Notice (Days):
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Number of days required notice for termination or renewal or amendment
Contract Manager-rcwzb14 Department:
Detail: (i.e. address, location, parcel number, tax id, etc.):
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S•Pub hc\RecordsManagement\forms\ContractCover\adcc7832 1 11/08
KENT
WASHINGTGN
PUBLIC WORKS AGREEMENT
between City of Kent and
WM. Dickson Co.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and WM. Dickson Co. organized under the laws of the State
of Washington, located and doing business at 3315 South Pine Street Tacoma, WA 98409
P:253-472-4489 F: 253-472-4521 (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:
Remove approximately 2,000 square feet of asbestos at the Lake rental house
(12651 SE 240 Street) in Kent, Washington as described in the contractor's proposal
dated March 1, 2011 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
Seven Thousand Four Hundred Fifty Dollars ($7,450.00), 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.
A. No Payment and Performance Bond. Because this contract, including
applicable sales tax, is less than $25,000, and pursuant to Chapter 39.08
PUBLIC WORKS AGREEMENT - 1
(Under$1OK and No Performance Bond)
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, the State Department of Labor &
Industries, and the State Employment Security Department, 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$10K 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
will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed
PUBLIC WORKS AGREEMENT - 3
(Under$10K and No Performance Bond)
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
for work or time by an equitable adjustment. No adjustment will be made for an
PUBLIC WORKS AGREEMENT - 4
(Under$1OK and No Performance Bond)
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)
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.
In the event Contractor 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
Contractor's part, then Contractor 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 Contractor's part.
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
PUBLIC WORKS AGREEMENT - 6
(Under$10K and No Performance Bond)
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 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.
PUBLIC WORKS AGREEMENT - 7
(Under$10K and No Performance Bond)
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONTRACTOR: CITY OF KENT:
By: ,h By: jK
(srg at�ire) (signature)
Print ame: ar / Prin e: Jeff Watling
Its Its: Parks Director
(ti
DATE: 'mil DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Jason Roosa Brian Levenhagen
WM. Dickson Co. City of Kent
3315 S. Pine Street 220 Fourth Avenue South
Tacoma, WA 98409 Kent, WA 98032
253-472-4489 (telephone) (253) 856-5116 (telephone)
253-472-4521 (facsimile) (253) 856-6050 (facsimile)
Lake Rental House-Asbestos Removal
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 4 day of ►V`�W� , 2011.
By: 'It� R60,
WI
For: M a;5"' I &
Title: - M ,•
Date:
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 , 2011.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
DICKSON •
3315 South Pine Street a (253)472-4489 FAX(253)472-4521 • Tacoma,WA 98409-5793
General Contractors • Reg #WMDICCe108J7
PROPOSAL AND ACCEPTANCE
NAME: PHONENa (253) 856-5116 DATE:
City of Kent FAXNo. 253 856-6050 March 1, 2011
ATTENTION.' JOB NAME:
Brian Levenha en Lake Rental House-Asbestos Removal
ADDRESS: JOB LOCATION'
220 Fourth Avenue South 12651 SE 240th Street
Kent,WA 98032 Kent, WA 98031
We hereby submit s eci icadons and esfimates or:
The Wm. Dickson Co. proposes to remove approximately 2,000 SF of asbestos containing wall texture,
350 SF of sheetvinyl flooring, 150 SG of cement asbestos board and 13 windows from the structure
commonly known as 126514SE 240th Street in Kent, WA for the BASE BID SUM: $7,450.00
Tncluded with this proposal is PSCAA Permit,L&I Notification,air monitoring,supply of power&water,
asbestos disposal fees and prevailing wages.The anticipated duration for this work is one workday.
Excluded from this proposal is removal of materials not specifically identified above,multiple
mobilizations and weekend/overtime work.
*Please note that there is a ten day waiting period for the required asbestos abatement permits
We hereby propose to furnish material and labor-complete in accordance with above specfcations,for the base bid sum
Seven Thousand Four Hundred Fifty Dollars and 00/100($7,450.00)
Payment will be asjonows: Net 30 days plus W.S.S.T.@ 9.5%
All materialagsurenlxdas speefkd All coot,lobe cottgkladmaworkrnmhka mincer By acceptance ofthis proposal yen agree to lndear*and hold Wm Dwkson Co hurrdess from
amordasgtoslandardpreole=Arty altetalton ordevletionnomabovespecdcatrom and against all clarns,tones,costs,axperses fudgavens,damages,and habilltes ualudmg
mvelvmg a ra cents will be eteculad only upon comer orders,and will become an ante reasonable Attorney leas and ems,resulting from any acme]or thnsuened release duchargq
chargeovuandabowileesursue.All agranm6 conlvigem upon str*m RQidenlaor dupeaal or escape of or exposure of any person or property to,(2ONTAMWATION al the Me
delays beyond owconirol 0.er to carry fire,lomad oWu neeesarynoumrm.ow @uem after"HAZARDOUS MATERIAL CLAW)erupt as may ame hum Wm Dickson
workers are fully covered by Wo sC a areas. Co'a neglunsu or wrongfill ac
Authorized Signature Title
Jason Roosa,Estimator
ate: This proposal may be withdrawn by us if not accepted within 30 days
Acceptance or P o tisal:The above prices,specifications and conditions are satisfactory and are hereby accepted You are authonzed to do the
work as specified Pat
a ent will be made w outlined above
Signature: Date ojAcceptance:
r
A 'An Equal OpporWnity Employer
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.
Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, products-completed operations, personal injury
and advertising injury, and liability assumed under an insured contract.
The Commercial General Liability insurance shall be endorsed to provide
the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There
shall be no endorsement or modification of the Commercial General
Liability insurance for liability arising from explosion, collapse or
underground property damage. The City shall be named as an insured
under the Contractor's Commercial General Liability insurance policy with
respect to the work performed for the City using ISO additional insured
endorsement CG 20 10 11 85 or a substitute endorsement providing
equivalent coverage.
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, 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.
D. Contractor's Insurance For Other Losses
The Contractor shall assume full responsibility for all loss or damage from
any cause whatsoever to any tools, Contractor's employee owned tools,
machinery, equipment, or motor vehicles owned or rented by the Contractor,
or the Contractor's agents, suppliers or contractors as well as to any
temporary structures, scaffolding and protective fences.
E. Waiver of Subrogation
The Contractor and the City waive all rights against each other any of their
Subcontractors, Sub-subcontractors, agents and employees, each of the
other, for damages caused by fire or other perils to the extend covered by
Builders Risk insurance or other property insurance obtained pursuant to the
Insurance Requirements Section of this Contract or other property insurance
applicable to the work. The policies shall provide such waivers by
endorsement or otherwise.
F. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
G. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the Automobile Liability and
Commercial General Liability insurance of the Contractor before
commencement of the work. 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.
Client#:132978 DICKWILL4
ATE(1101I
ACORD. CERTIFICATE OF LIABILITY INSURANCE °0310 2011
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 pollcy(ies)must be endorsed 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).
PRODUCER NAME shawme Goin
Propel Insurance PHONE c,N EKL 800 FAX
AIC,N, 866.577.1326
Tacoma Commercial Insurance ADDRESS Icg@propelinsurance.com
1201 Pacific Ave,Suite 1000 PRODUCER
CUSTOMER D O
Tacoma,WA 99402 INSURER(S)AFFORDING COVERAGE NAIC a
INSURED INSURERA Chartis Specialty Insurance Com 26883
Wm.Dickson Co. INSuRER B Alaska National Insurance Compa 38733
3315 S Pine St.
INSURER C
Tacoma,WA 98409
INSURER D
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER: 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 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR L 5UBR POLICY EFF POLICY EXP LIMITS
LTR TYPE OF INSURANCE Ns POLICY NUMBER MMIDD MMIDO
A GENERALLIABILITY X X 3644719 3/21/2010 03/21/2011 EACH OCCURRENCE $1 000'000
X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrwce $50,000
CLAIMS-MADE 4 OCCUR MED EXP(Any one person) $10,000
X BI/PDDed:10000 PERSONAL SADVINJURY $1,000,000
GENERAL AGGREGATE $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OPAGG $1,000,000
POLICY X JECPRO LOC $
B AUTOMOBILE LIABILITY 10CAS31869 3/21/2010 03/21/2011 COMBINED SINGLE LIMIT
(Ea accident) $100000g
X ANY AUTO BODILY INJURY(Per person) $
ALL OWNED AUTOS
BODILY INJURY(Per accident) $
SCHEDULED AUTOS PROPERTY DAMAGE
X HIRED AUTOS (Per accident) $
X NON-OWNED AUTOS
E
$
A X UMBRELLA LIAB X OCCUR X X 3644772 3/21/2010 03/21/2011 EACH OCCURRENCE $5 00U 000
EXCESS LIAB CLAIMS-MADE AGGREGATE $5000,000
DEDUCTIBLE $
X RETENTION 10000 $
WORKERS COMPENSATION WA Stop Gap
AN WC STATU-AND EMPLOYERS'LIABILITY
ITOR
A Y PROPRIETORIPARTNERIEXECUTIVEYf❑N NIA 3644719 3121/2010 03/21/2011 EL EACH ACCIDENT $1,000,000
D?OFFICER/MEMBER EXCLUDE
(Mandatory in NH) EL DISEASE-EA EMPLOYEE $1,000,000
If ya%describe under o00
DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $1,000
A Pollution 3644719 3/21/2010 03/21/2011 $1,000,000
Liability
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required)
RE:Asbestos removal at Lake Rental House located at 12651 SE 240th St.,Kent,WA
CERTIFICATE HOLDER CANCELLATION
City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Attn:Ton Donati THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Y ACCORDANCE WITH THE POLICY PROVISIONS
220 4th Ave S.
Kent,WA 98032-5895 AUTHORIZED REPRESENTATIVE
01988-2009 ACORD CORPORATION.All rights reserved
ACORD 25(2009109) 1 of 1 The ACORD name and logo are registered marks of ACORD
#S621226/M585350 BEB00
d d e
y Q e
�b
proper
03/04/2011
City of Kent
Attn- Tony Donati
220 4th Ave S
Kent, WA 98032-5895
To whom it may concern:
Pursuant to the new 09/09 version of the Acord Certificate of Liabilityform it is no
�longer necessary to list entities as Additional Insured in the Description of Operations
box. Generally, the Description of Operations is reserved for project names, vehicles,
specific equipment or locations. If the additional insured box is checked, you may refer
to the additional insured endorsement attached to your certificate which specifies the
coverage provided.
As the agent, we prefer not to utilize the Description of Operations box as a means for
interpreting policy language. As an alternative, we will attach the applicable
endorsements from the policy.
Please remember the certificate of insurance confers no rights upon the certificate
holder. Coverage is always dictated by the policy terms and its respective
endorsements as established by the contract that is in place between the Named
Insured and the Certificate Holder.
Sincerely,
Propel Insurance
Why We Are Using the Latest ACORD 25 Certificate of Insurance
In September 2009, ACORD revised the ACORD 25 Certificate of Insurance form. One of the major
changes was the removal of the cancellation notice provision. For the following reasons, we are
unable to issue an older edition of this form, modify the current form, or complete a proprietary form
you provide
• Notice of cancellation is a policy right, not an unregulated service. No insurer shown on this
certificate is able to provide the cancellation notice you desire by endorsement. For example, the
insured can cancel immediately, so it would be impossible for the insurer to give you the notice you
request. State law also grants the insurer the right to cancel for reasons such as nonpayment with
less notice than you require.
• For the reason just cited, if our agency was to issue a certificate that provides the cancellation
notice you request, we would do so with the full knowledge that it would be impossible to actually
give that amount of notice under certain circumstances.As such, the certificate could be alleged to
constitute a misrepresentation or fraud which could subject our agency and staff to serious civil
and criminal penalties.
• If a certificate purports to provide a policy right different from that provided by the policy itself, then
the certificate effectively purports to be a policy form. Policy forms must be filed and approved by
our state department of insurance. Use of nonfiled policy forms is illegal and could result in legal
sanctions distinct from the assertion that the certificate is fraudulent.
• Under the ACORD Corporation's licensing agreement, the prior editions of superseded forms can
be used for one year from the time the new forms are introduced. Beginning in September 2010,
this is another reason we cannot use an older edition of the ACORD 25. Doing so would violate
ACORD's licensing agreement and, as a copyrighted document,federal copyright law.
• Likewise, we are unable to modify the new certificate to add a notice of cancellation.ACORD forms
are designed to be completed, not altered. ACORD's Forms Instruction Guide says that a
certificate should not be used "To waive rights...To quote wording from a contract...To quote any
wording which amends a policy unless the policy itself has been amended." In addition, our
insurance company contracts only allow us to issue unaltered ACORD forms.
• We are often asked to issue proprietary certificates provided by the certificate requestor. Again, our
insurance company contracts only allow us to issue unaltered ACORD forms. Many proprietary
certificates include broad, vague or ambiguous language that may or may not be incompliance with
state laws, regulations, and insurance department directives. Therefore, we cannot issue any
proprietary certificates.
We appreciate your understanding of the legal restrictions on our ability to fully comply with your
request
ENDORSEMENT
This endorsement,effective 12:01 AM, o3/21/2o10
Forms a part of Policy No! 3644719
1SsUad to: Wm Dickson Co
By: AMERICAN INTERNATIONAL SPECIALTY LINES INS. CO.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED /PRIMARY COVERAGE ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY AND
PROFESSIONAL LIABILITY POLICY
In consideration of an additional premium of $0 it is hereby agreed that the following is included as an Additional Insured
as respects Coverage A and B but only as respects liability arising out of your work for the Additional Insured by or for
you.
Additional Insured:
BLANKET WHERE REQUIRED BY WRITTEN CONTRACT
This does not apply to bodily injury or property damage arising out of the sole negligence or willful misconduct of,or
for defects in design furnished by,the Additional Insured.
As respects the coverage afforded the Additional Insured, this insurance is primary and non-contributory, and our
obligations are not affected by any other insurance carried by such Additional Insured whether primary, excess,
contingent,or an any other basis.
This endorsement does not increase the Company's limits of liability as specified in the Declarations of this policy.
All other terms,conditions, and exclusions shall remain the same.
AUTHORIZED REPRESENTATIVE
or countersignature {in states Mere applicable)
90667 (04106)
CI2791 PAGE 1 OF 1
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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: 3/2/2011
County Trade Job Classification Wage Holiday Overtime Note
King lAsbestos Abatement Workers liourney Level $40.031 5D I 1 H
https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 3/2/2011