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HomeMy WebLinkAboutPW11-251 - Original - Northwest Playground Equipment, Inc - Lake Meridian Playground Installation Supervision - 06/03/2011 Records Management KENT -• Document WASNINGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Vendor Number• I (o � \ . JD Edwards Number Contract Number: 49("311-ras� This is assigned by City Clerk's Office Project Name: ��` � vcc1 � a-V\� rorr1QTl 5kQ-CV-V SF bv-, Description: Interlocal Agreement ❑ Change Order ❑ Amendment Contract p ❑ 9 9 ❑ Other: 2 q f Contract Effective Date: �— >-1 ' Termination Date: G o 1 1 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: l�ti1 + Department: PO,Y S Detail: (i.e. address, location, parcel number, tax id, etc.): La -Pn�ct� A v\ S•Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 IIS7 KENT GOODS & SERVICES AGREEMENT between the City of Kent and Northwest Playground E ui ment Inc. o Y9 q P THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Northwest Playground Equipment, Inc. organized under the laws of the State of Washington, located and doing business at PO Box 2410 Issaquah, WA 98027 Phone: 425-313-9161 Fax: 425-313-9194 (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 supervision of the playground installation at Lake Meridian Park in Kent, Washington as described in the contractor's proposal dated April 22, 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 June 18, 2011. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Four Thousand Nine Hundred Fifty Dollars ($4,950.00), plus applicable Washington State Sales Tax, 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 - 1 (Under$10,000 00, including WSST) t � Vendor shall submit a final invoice from which the City shall 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. 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. 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 GOODS & SERVICES AGREEMENT - 2 (Under$10,000 00, Including WSST) E ' 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. V. 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. VI. CHANGES. The City may issue a written amendment 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 an amendment is necessary, Vendor must submit a written amendment 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 amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended 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 an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides An amendment 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. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, 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. 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. GOODS & SERVICES AGREEMENT - 3 (Under$10,000,00, including WSST) 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 Duty 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). VIII. 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. IX. 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 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. GOODS & SERVICES AGREEMENT - 4 (Under$10,000 00, mcludrng WSST) X. 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. XI. 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. XII. 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. XIII. 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 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. XIV. 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. GOODS & SERVICES AGREEMENT - 5 (Under$10,000.00, including WSST) } 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 XI 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. 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 Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT - 6 (Under$10,000 00, mcludmg WSST) 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. VENDOR: 'P1ay5rauod t:-7C "0;;; CITY OF KENT: (signature) (signature) Print Name: Robert' `5 NIeC�Qr�eAl Pri N e: Jeff Watling Its: {-Pre-St d -nt Its: Parks Director �) � (title) DATE: ICI It DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Candice DeShurley Brian Levenhagen Northwest Playground Equipment Inc. City of Kent PO Box 2410 220 Fourth Avenue South Issaquah, WA 98027 Kent, WA 98032 425-313-9161 (telephone) (253) 856-5116 (telephone) 425-313-9194 (facsimile) (253) 856-6050 (facsimile) Lake Merbian Playground Installation Supervlslon GOODS & SERVICES AGREEMENT - 7 (Under$10,000.00, including WSST) 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 �h day of A-pr, I , 2011. By: For: or4 ►its I I rro k n G Title: ?f P,S -P—Y1�- Date: 4110911ll 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 • r 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 N9b°A06 t'lGkV9 buod u Ile' flzg ' Joe, Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known ash e r; A,24 Para. 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: ,c For: Nor-�hk�es� i�)ay�;�und1 E V%'t2 em inG Title: r�� Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 Northwest Playground Equipment, Inc. PO Box 2410,Issaquah,WA( 95)313- 09 19 Phone(425)313-9161 FAX(425)313-9194 Email candreeCnwplayground com QUOTE Quote# 4/22/11-CD-2 To Lake Meridian Date: 4/2212011 Contact Name Brian Phone Email Fax Item# Oty Description Price Total Price EQUIPMENT Equipment quoted separately $ National Purchasing Partners-www.mynpp.com-Sign up for free to receive your discount Equipment Total(less tax) INSTALLATION 3 Installation Site Supervision-8 hours per day $1,650 00 $ 4,95000 Installation Total $ 4,950.00 Tax 9 5% $ 47025 ORDER TOTAL. $ 5,420.25 All quotes are subject to material and fuel surcharges Acceptance of Proposal: (Please be sure you have read,signed and understand the Terms and Conditions on Page 2 of this Quote) The items, prices and conditions listed herein are satisfactory and are hereby accepted Candice DeShurley Sales Assistant Customer Signature Date Thank you for considering Northwest Playground Equipment, Inc for your Park, Playground, Shelter and Sports Equipment requirements PAGE 1 of 2 Revised 2/11/2010 Northwest Playground Equipment, Inc. PO Box 2)31 Issaquah,FAX ( 25)31 -919 109 Phone(425)313-9161 FAX(425)313-9194 Email candice(a)nwplayground com Project Name: Lake Meridian Quote# 4/22/11-CD-2 TERMS AND CONDITIONS QUOTE CONDITIONS AND ACCEPTANCE: This quote is valid for 30 days Orders placed or requested for delivery after these dates are subject to price increases It is the Buyer's responsibility to verify quantities and description of items quoted Once your order has been placed,any changes including additions,deletions or color changes,will delay your shipment&possibly Incur additional charges EXCLUSIONS: Unless specified,this quote specifically excludes all of the following Required Permits, Davis Bacon,Certified Payroll or Prevailing Wage fees, KCDA Fees Performance/Payment Bonds Site work and landscaping Removal of existing equipment Unloading,Receiving of inventory or equipment,Storage of equipment Equipment assembly and/or installation Safety surfacing, Borders or drainage requirements FREIGHT AND DELIVERY: Shipping is FOB Origin A 24-hr Call Ahead is available at additional cost Delivery is currently 4+weeks after order submittal Unless otherwise noted,all equipment is delivered unassembled Buyer is responsible to meet and provide a minimum of 2 persons to unload truck A Check List,detailing all items shipped,will be mailed to you and a copy will be included with the shipment Buyer is responsible for ensuring the Sales Order and Item Numbers on all boxes and pieces match the Check List Shortages or damages must be noted on the driver's delivery receipt Shortages or damages not noted become the Buyer's financial responsibility Damaged Freight must be refused Please notify Northwest Playground Equipment immediately of any damages Shortages and Concealed Damage must be reported to Northwest Playground Equipment within 10 days of delivery A reconsignment fee will be charged for any changes made to delivery address after order has been placed TAXES All orders delivering in Washington are subject to applicable sales tax unless tax exempt or a Reseller Permit is on file at the time the order is placed PAYMENT TERMS:50%due at time of order with balance due on delivery, unless other credit terms have been approved Credit approval for first time customers,discuss with sales rep Interest may be charged on unpaid balances at an annual rate of 1 RESTOCKING Items canceled, returned or refused will be subject to a minimum 25%restocking fee All return freight charges are the responsibility of the Buyer MAI NTENANCE/W AR RANTY- Manufacturer's standard product warranties apply and cover equipment replacement and freight costs only,labor is not included Northwest Playground Equipment offers no additional warranties Maintenance of the equipment and safety surfacing is the responsibility of the customer Any unauthorized alterations or modifications to the equipment(including layout)will void your warranty INSTALLATION-(if applicable) A private locate service for underground utilities must be completed before your scheduled installation Site must be level and free of loose debris(this includes ground cover/chips) Digging thru concrete,asphalt&existing safety surfacing will incur additional charge A minimum 6 foot opening with good access must be available to the site for delivery trucks and tractor An onsite dumpster must be provided for disposal of packaging materials Arrangements must be made in advance for the disposal of dirt/rocks from within the installation area Arrangements must be made in advance for the removal/disposal of existing equipment Additional charges may apply if large rocks or concrete are found beneath the surface Access to power and water must be available Site supervision is quoted in 8-hour days Acceptance of Terms & Conditions ptanc o s proposal,made by an authorized agent of your company,indicates agreement to the above terms and condit Candice DeShurley Sales Assistant Customer Signature Date Thank you for choosing Northwest Playground Equipment PAGE 2 of 2 Revised 2/11l2010 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. ACOREL CERTIFICATE OF LIABILITY INSURANCE °"524/0201I PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lee Insurance Services Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 11410 98th Ave NE HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Kirkland,WA 98033-4397 INSURERS AFFORDING COVERAGE NAIC H INBURED INSURER A Certtayr Surety Company-Construction Division INSURER B- R&R Construction,Inc INSURER C PO BOX 10 INSURER D Carbon do,WA 98323 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CCNDITION OF ANYCONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS Disk ADD POLICY NUMBER PO �MrE�e Du E ANI�nON LIMITS L NEE-----IMUFINSLIRANCE A X GENERALLIABLITY CCP654273 61e=0 f3l8/2011 EACH OCCURRENCE $ $3,000,000 x COMMERCIAL GENERAL LIABILITY PREMISES(Es omd nce S $50,000 CLAIMS MADE [X7 OCCUR MED EXP(Anyone person) $ $5,000 PERSONAL&ADV INJURY $ $3,000,000 GENERAL AGGREGATE $ $3,000,000 GEN'L AGGREGATE LRdrr APPLIES PER PRODUCTS-COMP/OP AGG $ $3•000,000 POLICY T PCa7 71 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea ecudent) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Perpereon) $ HIREDAUTOS BODILY N,1URY NON-OWNED ALTOS (Pareoddert) $ PROPERTYDAMAGE $ (Pereoddert) GARAGE LIABILITY AUTO ONLY-EAA.CCNDENT $ ANY AUTO OTHER THAN EAACC $ ALTO ONLY AGG $ EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR n CLAIMSMPDE AGGREGATE $ $ DEDUCTIBLE $ RETENTION IF $ A WORKERS COMPENSATION Arm CCIO654273 6/612010 6/6/2011 OR IM6TA OTH- EMPLOYER&LIABILITY E L EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR/PARTNEJEJRECUTIVE OFFICEPAAENI3ER EJRCLUDED7 mWCF� EL DISEASE-EA EMPLOYEE$ 1,000,000 Ir Yes descItbe Littler 1,000,000 SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPFRATWNst LOCATIDNs i vimci Ei r EXCLUSIONS ADDED BY ENDORSEMENTr SPECIAL PROVISIONS The City of Kent,Its Officials,Employees,Agents and Volunteers are named as Additional Insured Certificate Holder Is named as Primary&Non Contributory additional Insured per form CGL1816(01-06).Waiver of Transfer Rights of Recovery Against Others apples perform CGL1818(11-07).Per Prated Aggregate applies per form CGL1817(11-07) "0 day notice for non-payment of premium"' CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kern DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAL 30 DAYS VNaTrEN 220 4th Avenue S NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO 80 S HA L IMP066 NO OBLIGATI ON OR LIABILITY OF ANY KID UPON THE INSURER,ITS AGSM OR Kent,WA 98032 REPRESENTATIVE& AUTHOICM REPRESSWATNE ACORD 25(2001106) ®ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(es)must be endorsed A statement on this certificate does not confer nghtsto 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 endom+ement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing msurer(s),authonzed representative or producer, and the certificate holder,nor does it affirmatnrely or negatively amend,extend or after the coverage afforded by the policies listed thereon. ACORD 25(2001/08) CGL 1816 0106 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION - PRIMARY AND NON-CONTRIBUTORY COVERAGE This endorsement modifies insurance provided under the following: CONTRACTORS LIMITED CLAIMS MADE GENERAL LIABILITY COVERAGE FORM CONTRACTORS LIMITED CLAIMS MADE AND REPORTED GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Locations Of Covered Operations The City of Kent As Required by Written Contract Its Officials, Employees,Agents or Volunteers 220 4a'Avenue S Kent,WA 98032 A. Section 11 —Who Is An Insured is amended to 2. That portion of "your worK' out of which the include as an additional insured the person(s) or injury or damage arises has been put to Its organization(s) shown in the Schedule, but only intended use by any person or organization with respect to liability for"bodily injury', "property other than another contractor or subcontractor damage" or "personal and advertising injury' engaged in performing operations for a caused, in whole or In part, by: principal as a part of the same project. 1. Your acts or omissions, or C. It is agreed that the Insurance provided for the 2. The acts or omissions of those acting on your benefit of the above additional insured(s)shall be behalf, primary and non-contributory, but only with in the performance of your ongoing operations for respect to liability for "bodily injury', `property the additional insured(s) at the location(s) damage° or "personal and advertising injury' designated above caused, In whole or In part, by: B. With respect to the Insurance afforded to these 1. Your acts or omissions;or additional insureds, the following additional 2. The acts or omissions of those acting on your exclusions apply behalf, This insurance does not apply to"bodily injury'or in the performance of your ongoing operations for "property damage"occurring after the additional insured(s) at the location(s) 1. All work, including materials, parts or designated above. equipment furnished in connection with such , work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insured(s) at the location of the covered operations has been completed,or CGL 1816 0106 Includes copyrighted material of Insurance SenAces Office,Inc with Its Page 1 of 1 0 pmndsslon 0 ISO Properties,Inc,2004 COMMERCIAL GENERAL LIABILITY CGL 18171107 DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: CONTRACTORS LIMITED CLAIMS MADEAND REPORTED GENERAL LIABILITY COVERAGE FORM CONTRACTORS COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Designated Construction Projects: All Projects of the Named Insured 8. Any payments made under COVERAGE A for A. For all sums which the insured becomes legally damages shall reduce the Designated Con- obligated to pay as damages caused by 'occur- struction Project General Aggregate Limit for rences under COVERAGE A (SECTION A,which can that designated construction project. Such be attributed only to ongoing operations at a single payments shall not reduce the General Ag- designated construction project shown ln the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- struction Project General Aggregate Limit for t. A separate Designated Construction Project General Aggregate Limit applies to each des- any other designated construction protect shown In the Schedule above. ignated construction project, and that limit is equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence and Damage To Premises Rented To You continue to apply. However, 2. The Designated Construction Project General instead of being subject to the General Ag- Aggregate Limit is the most we will pay for the gregate Limit shown in the Declarations, such sum of all damages under COVERAGE A,ezcept limits will be subject to the applicable Desig- damages because of 'bodily Injury" or nated Construction Project General Aggre- 'property damage' included In the "products- gate Limit. completed operations hazard', regardless of the number of: B. For all sums which the Insured becomes legally a. Insureds; obligated to pay as damages caused by 'occur- rences under COVERAGE A (SECTION 1). which b. Claims made or'suits'brought;or cannot be attributed only to ongoing opera- s Persons or organizations making claims or tlons at a single designated construction project bringing'suits'. shown in the Schedule above: 1. Any payments made under COVERAGE A for damages shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit,whichever is applicable;and 2. Such payments shall not reduce any Desig- nated Construction Project General Aggre- gate Limit CGL I S171107 Includes copyrighted material of Insurance Services Oftice,Incwith Its permlssbn. Page 1 of 2 Copyright,Insurance Services Office,Inc, 1998 COMMERCIAL GENERAL LIABILITY CGL 18171107 C. When coverage for liability arising out of the °products-completed operations hazard' Is pro- vided, any payments for damages because of "bodily Injury" or "property damage° included in the "products-completed operations hazard' will reduce the Products-Completed Operations Ag- gregate Limlt, and not reduce the General Aggre- gate Limit nor the Designated Construction Project General Aggregate Limit D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or If the authorized contract- Ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits Of Insurance(SECTION III) not otherwise modified by this endorsement shall contmueto apply as stipulated. CGL 18171107 Includes copyrighted material of Insurance services Office,Inc with its permission. Page 2 of 2 Copyright,Insurance services Office,Inc, 1998 COL 18181107 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS LIMITED CLAIMS MADE GENERAL LIABILITY COVERAGE PART CONTRACTORS LIMITED CLAIMS MADE AND REPORTED GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Blanket as required by contract The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS)is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included In the"products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CGL 1818 1107 Page 1 of 1 Indurdes copyrighted material of Insurance Services Office,Inc.with Its permission Copyright 1992,Insurance Services,Office,Inc POLICY NUMBER: CCP654273 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following- COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Parsons) Location And Description Of Completed Or Organizatlon(s): Operations Blanket as required by virtue of written contract. Various Information required to complete this Schedule, If not shown above, will be shown In the Declarations. Section II—Who Is An Insured Is amended to Include as an additional Insured the person(s)or organizaton(s)shown in the Schedule, but only with respect to liability for"bodily Injury"or"property damage"caused, in whole or In part, by"your work" at the location designated and described In the schedule of this endorsement performed for that additional insured and Included In the"products- completed operations hazard". CG 20 37 07 04 0 ISO Properties, Inc.,2004 Paget of 2 Commercial Certificate Of Insurance FARM E R 5 Agency • Doug Dickson Name . 770 Highway 410 S Issue Date (MM/DDNY) 06/01/2011 & • Enumclaw,WA 98022 Address • 360-825-8003 This certificate is issued as a matter of information only and confers no rights upon the certificate holder This certificate does not amend,extend or alter the St 79 Dist 45 Agent 343 coverage afforded by the policies shown below_ Companies Providing Coverage: Insured Company A Truck Insurancc Exchange Letter Name . R&R CONSTRUCTION INC ompany B Farmers Insurance Exchange & • PO BOX 10 Address • CARBONADO,WA 98323 Company Chid-Century Insurance Company er Company Letter Coverages 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 contractor 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. Co Type of Insurance PolicyNumber Policy Effective Policy Expiration Policy Limits Ltr Date tNte vDDrrr} Date$1M(DDnh c9 General Liability General Aggregate $ Products-Comp/OPS Commercial General Aggregate $ Liability Personal& -Occurrence Version Advertising Injury $ Contractual-Incidental Each Occurrence $ Only Fire Damage (Any one fire) $ Owners&Contractors Prot Medical Expense (Any one person) $ A Automobile Liability 601932364 07/07/2010 07/07/2011 Combined Single All Owned Commercial Limit $2,000,000 Autos Bodily INury fC Scheduled Autos I (Per perso $ X Hired Autos f Bodily Injury K Non-Owned Autos 11 (Per accident) $ Garage Liability Property Damage $ Garage Aggregate $ Umbrella Liability Limit $ Workers' Compensation Statutory and Each Accident $ Disease-Each Employee $ Employers'Liability Disease-Policy Limit $ Description of Operations/Vehicles/Restrictions/Special items, PROJECT:CITY OF KENT,LAKE MERIDIAN EVIDENCE OF INSURANCE Certificate Holder Cancellation CITY OF KENT Should any of the above described policies be cancelled before the expiration date Name . 220 4TH AVE S thereof,the issuing company will endeavor to mail 30 days written notice to the & • KENT,WA 98042 certificate holder named to the left,but failure to mail such notice shall impose no Address obligation Xffa i kind po comp ,its agents or representatives, Authorized Representative 56-2492 4-94 Copy Distribution:Service Center Copy and Agent's Copy H-01