HomeMy WebLinkAboutPK12-048 - Original - NETServices - Kent Memorial Park Range Netting Replace - 03/02/2012 Records Management)
W Document
ASHINGTON
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: NETServices
Vendor Number:
JD Edwards Number
Contract Number: 1?kl -I-- m R
This is assigned by City Clerk's Office
r
Project Name: Kent Memorial Park Range Netting Replacement
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
I
Contract Effective Date: 03/05/12 Termination Date: 04/05/12 1
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Teri Petrole Department: Parks Admin
Detail: (i.e. address, location, parcel number, tax id, etc.):
S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 '
- - - 1
KENT
WASNINGTOf.
PUBLIC WORKS AGREEMENT
between City of Kent and
N ETServices
THIS AGREEMENT is made by and between the City of Kent a Washington municipal
corporation (hereinafter the "City"), and NETServices, organized under the laws of the State of
Washington, located and doing business at [13010 11th Avenue NE, Tulalip, Washington 98271-
6751, Contact: Dan Dunn, 888-365-6387, 425-870-7145, dnunn@NETServicesUS.com
(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:
For Kent Memorial Park, furnish and replace netting on left field home run line and
one wood pole in corner at the park per enclosed specifications and general
conditions, which are a part of this proposal, as described in the Scope of Services
attached and incorporated as Exhibit A.
Contractor further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time such services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon execution of this Agreement. Upon the effective
date of this Agreement, the Contractor shall complete the work described in Section I by thirty
(30) days from the city's notice to proceed.
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed
Sixteen Thousand, One hunddred FIfty One and 25/100 ($16,151.25), including any applicable
Washington State Sales Tax, for the work and services contemplated in this Agreement. The
City shall pay the Contractor fifty percent (50%) of the Contract amount upon completion and
acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed
below and throughout this Agreement.
A. No Payment and Performance Bond. Because this contract, including
applicable sales tax, is less than $35,000, and pursuant to Chapter 39.08
PUBLIC WORKS AGREEMENT - 1
(Over$1OK, under$35K, 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
(Over$10K, under$35K, and No Performance Bond)
E. The Contractor has registered its business and established an account with a
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
(Over$1OK, under$35K, 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
(Over$1OK, under$35K, 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
nce of the Contract work. In the event an
city s accepts Y 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
(Over$10K, under$35K, 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 [Insert Exhibit #]
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
(Over$10K, under$35K, 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
(Over$10K, under$35K, 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: (��--i — BY:
(signature) (signature)
Print Name: DAB a,Aa� Pr' t Na zette Cooke
Its � It Mayor
�M
(tf le)
DATE: Z Lz e/2.- DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Dan Dunn Brian Levenhagen, Park Planner
NETServices City of Kent
3010 11th Avenue NE 220 Fourth Avenue South
Tulalip, Washington 98271-6751 Kent, WA 98032
(253) 856-5116 (telephone)
425-870-7145 (telephone) (253) 856-6050 (facsimile)
360-651-1956 (facsimile)
APPROVED AS TO FORM:
Kent Law Departmen
NETServlcw for KMP
PUBLIC WORKS AGREEMENT - 8
(Over$10K, under$35K, and No Performance Bond)
a �
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT'OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this � day of 201Z�,
By:
For /`Ji2r l �-1fZG
Title: r�IAnIA�i N/,- M�MC't%2
Date:- a /2z/ 2v�Z
I
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 120
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
NETServices PROPOSAL
13010 1 Ith Avenue NE
Tulalip, WA 98271-6751 DATE Proposal No
1/27/2012 5687
Ship To
City Of Kent Parks&Rec Kent Memorial Park
Brian Lev enhagen 850 Central Avenue North
220 4th Avenue South Kent,WA 98032
Kent,WA 98032
ATT REP PROJECT TERMS OTHER
Expires in30
DN 2012-01 Kent Memorial Net 20 Days Days
ITEM QTY DESCRIPTION UNIT TOTAL
5687- 1 BASE BID LS 10,850 OOT
Furnish and replace netting on left field home run Ime and one wood pole in comer at Kent Memorial
Park per enclosed specifications and general conditions which are a part of this proposal
5687-A. 1 BID ADDITIVE ONE- LS 3,900 OOT
Replace netting on left field line on existing poles,hardware.and wire (new comer pole part of Base
Bid)
r
All material to be as specified,and/or the above work to be performed in accordance with drawings and specifications submitted for above work
and completed in a substantial workmanlike manner Any alteration or deviation from the scope of work described and/or related drawings&
specifications involving extra costs will be executed only upon written change order,and will become an extra charge over and above the
estimate All agreements contigent upon strikes,accidents,or any other reasonably un£orseeable delay beyond our control
Thank you for the opportunity to offer our services.
Respectfully submitted-Dan R Nunn Sub-Total $14,750.00
ACCEPTANCE OF PROPOSAL
The above prices,specifications,and conditions are satisfactory and are hereby accepted Sales Tax (9.5%) $1,401.25
You are authorized to do the work as specified Payments will be made as per above terms
Authorized Signature Date TOTAL $16,15125
Phone# Fax# E-mail I Web Site
888-365-6387 1 (360)651-1956 dnunn@NETServicesUS.com I www.NETServicesUS corn
AZ ROC216163 CA 920736 FL 1519578 1 NV 0071426 OR 185087 UT 7748726 WA NETSEL*964CP
NETServices
SPORT I BARRIER i PROTECTIVE Specializingin Custom Netting Installation&Maintenance
www NETServices US com 13010 11'h Avenue NE—Tulalip, WA 98271-6751
JOB: Kent Memorial Park — Kent, WA 2012/02/01
Baseball Netting Replacement
Per Proposal 5687
Material and installation specification (Pape 9 of 2):
Scope; BASE BID:
Furnish and replace new netting on four poles(three panels starting in corner) in left field, 35' H x 270 LF,
Install new corner pole, Repair/Replace hardware and wire as needed, Repair netting as needed in
center field in tree line
BID ADDITIVE ONE:
Furnish and replace netting on left field line from new corner pole, 35' H x 150 LF, Replace Repair
hardware and wire as needed
Proposal includes all material, labor, expenses, equipment, shipping, and accounts for one mobilization
and demobilization
Netting: #36 x 1-3/4" Baseball Barrier Netting, 100% DuPont Type 66-728 Knotted Nylon with 381 lb per strand
break strength Dyed Black, Stabilized, and bonded for UV and weather resistance Rope borders around
entire perimeter and vertically at each pole Custom fit and tailored for tight fit on framing wires
Rope/Twine: 5/16" Twisted Nylon Rope for netting borders/perimeters, &vertical rib lines 3,600 lb break strength.
#42 Braided Twine, Dyed Black, Stabilized, and bonded for UV and weather resistance Sewn to netting
w/'/z and clove hitch 6" O C , the twine shall continually encompass the netting/rope component and be
tied to the suspension and framing wires via a clove and one half hitch knot+/-three feet on center
Hardware/Wire: As Needed
1/4" EHS (Extra High Strength) 1x7 guy strand wire with 6,400 lb break strength for top and bottom
wires, Vertical wires 1/4" EHS (Extra High Strength) 1x7 guy strand wire with 6,400 lb break strength,
Preformed grips, utility standard, used to form all eyes
Pole Line Hardware: As Needed
All pole line hardware meets ANSI Standards and is RUS Listed Supplied by Chance/Hubble Sized
Typ 5/8" Bolts and Fittings All Hardware is galvanized and rated
End and Corner Poles
5/8" DAFTB (Double Arming Full Thread Bolt)top and bottom of poles with thimble eye nut,Angle
Thimble Eye behind Thimble fitting for attachment of vertical wires, Square curved and spring locking
washers typical each side of fitting/bolt
Mid Span Poles
5/8" DAFTB top and bottom of poles with 3-Bolt Suspension clamps,Vertical support roller behind clamp
for attachment of vertical wires, Square curved and spring locking washers typical each side of fitting/
bolt
All cable attachment points using thimble eye type hardware to minimize pinching and/or kinking of
cable All bolts are through bolt and rated
E
Poles: Base Bid:
1 each 35'Above Grade+8' Embedment, Class II Coastal Douglas Fir Wood Pole, full length Penta
pressure treated to a final net retention of 0 65#per cubic foot Plant inspection and conforming to ANSI
05 1 2002 and AWPA 2003 specifications Use 24" Bore and backfill with 5/8"crushed rock
Phone 888-365-NETS(6387) ■ Fax (360)651-1956 ■ E-mail support@net-services.us ■ www NETServicesUS com
AZ ROC216163 CA 920736 FL CGC1519578 LA- 54909 NV 0071426 OR. 185087 WA NETSEL*964CP UT:7748726-5501
NETServices
SPORT/BARRIER-PROTECTIVE Specializing in Custom Netting?Installation&Maintenance
www NETServices US com 13010 11'"Avenue NE—Tulakp, YiA 98271-6751
Specific listinz of Relevant Jobs by NETServices, LLc
PROJECT: SCOPE OF WORK:
Freedom Park Renovations Provision and installation of 149 Steel Poles for Baseball
City of Las Vegas—Las Vegas,NV Protective Netting System on six replica Major League Baseball
fields and two Little League Fields 75 each of the steel poles 70'
General Contractor-Roche Constructors,Inc Above Grade around Home Run Line of six fields Remainder of
7680 W Sahara Avenue-Siute 130 steel poles 35' and 20'above grade for foul line protection and
Las Vegas,NV 89117 little league fields
Doug Olson—Senior Project Manager 702-252-3611 Contract Award Date 04/01/2008
Ed Hutchinson—Project Supermtendant 702-303-5611 Completion Date First Phase 02/28/2009—Balance In Progress
Russell Mauger—Supermtendant 702-303-7821 Contract Value $968,000
Big League Dreams Sports Park Provision and installation of 75 Steel Poles,hardware,wire,and
City of Mansfield—Mansfield,TX netting for Baseball Protective Netting System on eight replica
Major League Baseball fields 43 each of the steel poles 60'
General Contractor Pete Durant and Associates,Inc. Above Grade around Home Run Line of eight fields Remainder
2040 Golden Triangle Drive of steel poles 35' and 20' above grade for foul line protection and
Fort Worth,TX 76177 little league fields.
Darrell Durant—Owner and PM 817-439-3213 Contract Award Date 10/31/2007
Martin —Project Supermtendant 817-439-3213 Completion Date 03/30/2008
Tom Parde—Project Engineer 817-439-3213 Contract Value $680,000
Dallas Cowboys Stadium Installation of netting and scrim on largest center hung scoreboard
Arlington,TX in the world Working at heights of up to 170'
General Contractor.Manhattan Construction Contract Award Date- 10/15/2008
6300 North Central Expressway Completion Date 03/09/2009
Dallas,TX 75206 Contract Value $183,000
Mark Hickman—Project Manager 817-524-0400
John Dixon—President of Operations 817-524-0400
Jim Cuddihee—Supermtendant 214-876-8356
University of Oregon Installation of 4 pole tie back backstop screen and center field
Eugene,OR batters eye
2800 Martin Luther King Drive Contract Award Date. 12/20/2008
Eugene,OR 97402 Completion Date 02/09/2009
Contract Value $53,000
Matt Baker—Project Manager 503-519-3896
City of Seattle Parks and Recreation Installation of 9 pole foul line deflection netting system
Georgetown Playfield—Seattle,WA
Lower Woodland Park—Seattle WA Contract Award Date 08/09/2008
Completion Date 10/02/2008
800 Maynard Avenue S-3rd Floor Contract Value $43,000 and$52,000
Seattle,WA 98134-1336
Ted Holden—Project Manager/Engineer 206-684-7021
Phone 888-365-NETS(6387) ■ Fax-(360)651-1956 ■ E-mail support@net-services us ■ www NETServicesUS com
AZ:ROC216163 CA-920736 FL-CGC1519578 LA:54909 NV:0071426 OR: 185087 WA NETSEL*964CP UT. 7748726-5501
NETServices
SPORT/BARRIER I PROTECTIVE Specializinz in Custom Netting Installation&Maintenance
www NETServices US com 13010 11'�Avenue NE-Tulakp, WA 98271-6751
A representative listing of completed lobs by NETServices, LLc
OKI Development Group PING Golf Test Facility
The Golf Club at Newcastle, Indian Summer, Mr Ken Kays-Plant Facilities Manager
Echo Falls Golf&Country Club, &Hawks Prairie Phoenix,AZ 85029
Mr. Glenn Hirai-Facilities Manager (602)687-5590
Snohomish, WA 98296
(425)646-6919
Navv Region Northeast-New London Sub Base Valley View ISD
Community Support Program-Goose Run GC ROFA Architects-GC
Kia L Coleman Mr Luis Figueroa-Owner
Newport, RI 02841 Hidalgo, TX 78557
(401)841-3313 956-686-7771
Universitv of Davton Big League Dreams Sports Park
Ferguson Construction-GC Pete Durant&Associates- GC
Rich Kern-Project Manager Mr Darrell Durant- President
Dayton, OH 45469 Mansfield,TX 76063
937-274-1173 817-439-3213
Citv of Walla Walla Big League Dreams Sports Park
Jim Dumont-Parks Director Roche Constructors, Inc. -GC
Walla Walla, WA Mr.Doug Olson
509-527-4527 Las Vegas,NV
702-252-3611
Foothill College Dallas Cowboys Stadium
Ms Sue Gatlin-Athletic Director Manhattan Construction-GC
Los Altos Hills,CA 94022 Mr.Mark Hickman-Project Manager
(650)949-7741 Arlington, TX
817-524-0400
Teton County/Jackson Parks& Recreation Universitv of Arkansas
Steve Ashworth-Parks Director Nabholz Construction-GC
Jackson,WY 83001 Mr Nick Nabholz
307-733-5056 Fayetteville,AR
City of Seattle Parks&Recreation Kemper Sports Management
Bobby Morris&Georgetown Playfield Chicago Parks & Rec/Diversey Driving Range
Ted Holden-Architect Mr.Chris Patterson- Manager
Seattle, WA Chicago, IL 60657
(206)684-7104 (312)742-7930
Point Defiance Zoo&Aquarium City of Everett
Stan Chapin-Director Legion Park
Tacoma,WA 98407 Mr Russell Dance-Senior Project Manager
(253)404-3802 Everett, WA 98201
(425)257-7335
Phone 888-365-NETS(6387) ■ Fax (360)651-1956 ■ E-mail support@net-services.us ■ www NETServicesUS com
AZ.ROC216163 CA 920736 FL:CGC1519578 LA 54909 NV:0071426 OR 185087 WA NETSEL*964CP UT. 7748726-5501
rVV
NEI services
SPORT/B4RWER/PROTECTIVE Spec:ahzing in Custom Netting Installation&Maintenance
www NETServices US com 13010 11',Avenue NE—Tulalip, WA 98271-6751
NETNervices, LLC—Key Personnel
Daniel Nunn Founder/Managing Member 24 years experience in Netting Construction,Project Management,Business
Management and Production/Construction Scheduling
Terri Nunn Managing Member 21 years experience in Construction and Property Management,Book Keeping,
Accounts Manager Administrative Support,and Customer Service
Dane McConnachie Chief Driller/Foreman 15 years experience in drilling/standing pole,pile driving,and Construction
Supervision
All of NETSenices crew are OSHA 10 Certified and hold current CPR and First Aid Cards.
NETServices is registered with SBA as disadvantaged business and certified by CC&R
Trade References — NETServices, LLC
Coastal Steel Pole Company
2933 16`h Street
Bakersfield,CA 93301
Ken Jones—Owner 661-631-1582
Diamond Nets, INC.
1064 East Pole Road
Everson, WA 98247
John Neil—President 888-323-9306
RSC Equipment Rental
Everett, WA 98201
Mike Appel—Business Manager 425-656-5940
North Pacific Group Inc.
Dept 1154
Denver,CO 80256-0001
Felipe Semper 800-747-3472
Western State Electric
PO Box 676159
Dallas,TX 75267-6159
Anne Grunden 800-523-5368
Phone 888-365-NETS(6387) ■ Fax. (360)651-1956 ■ E-mail support@net-services us ■ www NETServicesUS com
AZ ROC216163 CA-920736 FL:CGC1519578 LA 54909 NV 0071426 OR 185087 WA-NETSEL*964CP UT. 7748726-5501
S
NETServices
SPORT/BARRIER/PROTECTIVE Specializing in Custom Nettin¢Installation&Maintenance
wwry NETServices US com 13010 11`i Avenue NE—Tulalip, WA 98271-6751
COMPANYPROFILE
B USINESS NAME: NETServices, LLC
13010 11th Avenue NE
Marysville, WA 98271-6751
Phone: (888) 365-6387 Fax(360) 651-1956
Internet: w-tAtiv.NETServicesUS.com
TYPE OF BUSINESS. Limited Liability Company LLC
NETServices is a professional netting installation contractor specializing in design,
installation, repair, and replacement of protective and barrier netting systems for golf
courses, driving ranges,baseball fields & batting cages, soccer/lacrosse arenas, ponds,
bird netting, and landfill containment.
MANAGING MEMBERS. Terri Nunn/Daniel R.Nunn
UBI: 602-348-794
EIN.• 57-1195078
LICENSE: NETSEL*964CP(WA)—ROC216163(AZ)—0071426(NV)—920736(CA)- 185087 (OR)
Registered Foreign Corporation in: TX, ID, MI,MD. RI, PA, MN, SD, UT,NM, KY, l
GA, OH, IL,NY,NJ, TN, KS, CT. MO, MS, SC
BOND: 103623362
WORKERS COMP: WA State Funded-AccO 054,462-01
BANKING: US Bank-North Marysville Office; PD-WA-3501
Debi Fitzsimmons—Manager
11401 State Avenue - Marysville,WA 98270
(360) 658-3399
INSURANCE: The Hartford
Policy#, 52 SBA TL1701
Agent- Eric Wagner Insurance, Inc.
P.O. Box 289
Marysville, WA 98270
(360) 653-3737
BONDING: CB&MS—Construction Bonding& Management Services
Carrier: Travelers with A+ Rating
Mr. Nicholas Fix
P.O Box 75715 / 11050 5t'Avenue NE, Suite 206
Seattle, WA 98125
(206) 361-9693
CPA: Luby & Thomson,PLLC
Pam Thomson
419 Occidental Ave S, Ste 600
Seattle, WA 98104 WA 98104
Phone 888-365-NETS(6387) ■ Fax (360)651-1956 ■ E-mail, support@net-services us ■ www NETServicesUS com
AZ ROC216163 CA. 920736 FL CGC1519578 LA.54909 NV:0071426 OR 185087 WA:NETSEL*964CP UT. 7748726-5501
NETServices
SPORT i BARRIER/PROTECTIVE Syecializine in Custom Netting Installation&Maintenance
www NETServices US com 13010 11`i Avenue NE—Tulalip, WA 98271-6751
NETServices - CONTRACTOR'S LIMITED WORKMANSHIP WARRANTY
The contractor signatory below NETServices ("Contractor") hereby guarantees ("Owner")
that the construction performed on that certain structure located at to be free from defects in
material (only to the extend for which material was provided directly by NETServices; additional material warranty applies per
manufacturer)and workmanship for a period of two years from the date of commencement of use,substantial completion or date
of notice of completion,whichever is the first to occur
This Standard Limited Warranty applies and is limited as follows:
1 To the property only as long as it remains in the possession of the original owner named above.
2.To the construction work that has not been subject to accident, misuse or abuse.
3.To the construction work that has not been modified,altered,defaced,or had repairs made or attempted by others.
4.That contractor be immediately notified in writing within ten (10)days of first knowledge of defect by owner or his agent.
5 That contractor shall be given first opportunity to make any repairs, replacements or corrections to the defective construction at
no cost to owner within a reasonable period of time
6. Under no circumstances shall contractor be liable by virtue of this warranty or otherwise for damage to any person or property
whatsoever for any special, indirect,secondary or consequential damages of any nature however arising out of the use or inability
to use because of the construction defect
i
Other limitation ANY SPECIAL,INCIDENTAL,OR CONSEQUENTIAL DAMAGES.INCLUDING PROPERTY DAMAGE,LOST
PROFITS,LOSS OF US,OR OTHER ECONOMIC LOSS,ARE EXCLUDED TO THE FULL EXTENT PERMITTED BY LAW Some states
do not allow the exclusion of incidental or consequential damages,so the above exclusion may not apply to you ANY IMPLIED
WARRANTIES,INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY Some states do not allow limitations on
how long an implied warranty lasts,so the above limitation may not apply to you Dealers are not authorized to modify this Warranty or to
make any additional commitments NETSernices,LLC will not be responsible for promises not contained in this Warranty
NETServices
Contractor Name State License Number(if required)
13010 11th Avenue NE
Tulaip,WA 98271 360-651-1955
Address Telephone Number
Signature Date
Title
Phone 888-365-NETS(6387) ■ Fax (360)651-1956 ■ E-mail support@net-services.us ■ www NETServicesUS.com
WA:NETSEL*964CP OR 185087 AZ ROC216163 NV 0071426 CA-920736
DIAMOND Diamond Nets Incorporated
NETS A
INC.
MANUFACTURER'S LIMITED WARRANTY
#36 w fisted nylon x 3-3/4" mesh
To deliver worry free operation and add value to our customers purchase, Diamond Nets, Inc.makes
the following Express Limited Warranty for#36 twisted nylon x 3-3,14", Dyed black&boilded
Baseball Banter Netting.
Any pot lion of this product will be fully repaired of replaced by Diamond Nets,hic for a period of
up to avid including three (3) years from die date of purchase,whert the
Damage is die result of defects in material of workmanship of this pi oduct under
Normal use. Such damage includes material defects, material biedcdowns,clacks,
Manufacturer's defects,or damage caused by ultiaviolet exposure
Tlreieaftei,any damage to any portion of this product resulting fiom defects in material of
workmanship under normal use,which occurs during die period beginning dhiee (3)years and one
day fiom the date of put chase and ending fnc (5)years from tic date of put chase will be repaired of
replaced as follows:
3 years grid 1 day to 4 years: 50%of purchase price
4 years and 1 day to 5 years: 25%of putchase puce
This wanarrty applies only if the product was properly assembled,installed and
Maintained inn accordance with the manufacturers mstiucuous,and at all times used for die particular
purpose it was untended.Thus vvarianty does not covet acts of natuie of vandalism,and is giuited only
to die original put chaser of this product.
Limitations of warranty,liability and damages The foregoing express limited warranty is in lieu of all other warranties,including any
implied warranty of merchant ability and any implied warranty of fitness for a particular purpose,which are hereby disclaimed by the
manufacturer,to the extent and state does not allow the disclaimer of and implied warranty of merchant ability or an implied warranty for
fitness for a particular purpose,any such warranties are hereby limited in duratwnto the above warranty period for the express limited
warranty given herein The manufacturer shall not be subject to any other obligations or liabilities whatsoever with respect to this product,
under no circumstances shall the manufacturer be liable for any consequential or other damages,expenses,losses,or delays,however
caused The right to the repair or replacement of the product as provided in this warranty shall constitute the sole and exclusive remedy of
the purchaser No representative of the manufacturer has the authority to make or imply any representation,promise or agreement that in
any way varies the terms of this express limited warranty
Diamond Nets Incorporated 1064 East Pole Road Everson,WA 98247 U.S A.
Phone.360-354-1319 Toll Free. 888-323-9306 Fax:360-354-2139 E-Mail•iohn(@,diamondnets com
www diamondnets com
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. 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 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. 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.
3. 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. Commercial General Liability insurance shall be written with
limits no less than $2,000,000 each occurrence, $2,000,000
general aggregate and a $2,000,000 products-completed
operations aggregate limit.
2. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$2,000,000 per accident.
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 A:VII.
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.
0?117/2012
THIS CERTIFICATE Is ISSI AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CEFMFr►TE H UiDER 7M
CERTIFICATE DOES NOfTAFFIRMATIVELYOR NEGATIVELY AMENQ DITETDOR ALTER THE OOV6iAGEAFFORDEDBYTHEPOLICIES
BELCH. THIS CERTIFICATE OF INSURANCE DOES NaIT CONISTITUTE A CONTRACT BEIVIEEN THE ISSIJNG INSURBR(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER AND THE CEFI TIRCATE HOLDER
INPORTANT: If the certificate holder is an ADDITIONAL INSURES the poliry(les)mist be endorsed if SUBROGATION IS VVWVM subject to
the term and conditions of the policy,certain policies nay recom an endorsernent. A staternar t on this oerBReete does not carter dgMs to the
certificate holder In lieu of such endorsement(s)
FACDUCER CONTACr
N„Ae Tie M Johnson
WAGNERINiSURANCE WE Eld. 1360►653-M7 Fax (360)6%-WW
P.O.BOX 289 0"LL
MARYSVILLE,VVA9WO I AFFQRDNGCOJBPAGE Nava
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NETSERNICES.LLC IBC
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1301011TH AVE NE
TULAUP,WA 98271 e8If8RE
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COVERAGES CERTIFICATE NUMBER: OW14329.0 REVISION NUMBER: 41
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THE CfTY OF K NT IS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR IN WORK PERFORMED BY THE INSURED ON
THE31R BEHALF.FORM SS 0008 APPLIES.COIVPLEf t7PHRATTONS,PRIMARY AND NONCONTRIBUTORY AND WAIVER OF
SUBROGATION APPLIES,
CERTIFICATE HOLDER CANCELLATION
SHO I.D ANY OF THE ABOVE DESCREED POIJO S BE CANCELLED BEFORE
THE B(FIRATION DATE 7HFFUMF,N UnCE WLL BE DUM37 M IN
CITY CF KENT ACCORDANCE W TH THE POLICY PRCAASION B.
220 FOURTH AVE SOUTH
Kwi',WA 981M AJDgfs® ATNE
1 0 ACOR N.D CORPORATION. All rights reserves.
AOORD 25(2010r05) Tits ACORD name and I rnarks of ACOTRD
Flirted by TM)m Febnary 17,2D12 at 0&39AM
BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured-Grantor Of Franchise
COVERAGES WHO IS AN INSURED under Section C. is
If listed or shown as applicable in the Declarations, amended to include as an additional insured
one or more of the following Optional Additional the person(s) or organization(s) shown in the
Insured Coverages also apply. When any of these Declarations as an Additional Insured -
Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to
Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you.
by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased
of Section C., Who Is An Insured, does not apply Equipment
to the person or organization shown in the a. WHO IS AN INSURED under Section C.is
Declarations These coverages are subject to the amended to include as an additional
terms and conditions applicable to Business insured the person(s) or organization(s)
Liability Coverage in this policy, except as shown in the Declarations as an Additional
provided below Insured — Lessor of Leased Equipment,
1. Additional Insured - Designated Person Or but only with respect to liability for "bodily
Organization injury", "property damage" or "personal
WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or
in part, by your maintenance, operation or
amended to include as an additional insured
the person(s) or organization(s) shown in the use of equipment leased to you by such
Declarations, but only with respect to liability person(s)or organization(s)
for "bodily injury", "property damage" or b. With respect to the insurance afforded to
"personal and advertising injury" caused, in these additional insureds, this insurance
whole or in part, by your acts or omissions or does not apply to any "occurrence" which
the acts or omissions of those acting on your takes place after you cease to lease that
behalf. equipment.
a. In the performance of your ongoing 5. Additional Insured - Owners Or Other
operations; or Interests From Whom Land Has Been
b. In connection with your premises owned Leased
by or rented to you a. WHO IS AN INSURED under Section C.Is
2. Additional Insured - Managers Or Lessors amended to include as an additional s
Of Premises insured the person(s) or organization(s)
shown in the Declarations as an Additional
a. WHO IS AN INSURED under Section C. is Insured—Owners Or Other Interests From
amended to include as an additional insured Whom Land Has Been Leased, but only
the person(s)or organization(s)shown in the with respect to liability arising out of the
Declarations as an Additional Insured - ownership, maintenance or use of that part
Designated Person Or Organization,but only of the land leased to you and shown in the
with respect to liability arising out of the Declarations.
ownership,maintenance or use of that part of
the premises leased to you and shown in the b. With respect to the insurance afforded to
Declarations these additional insureds, the following
additional exclusions apply
b. With respect to the insurance afforded to
these additional insureds, the following This insurance does not apply to
additional exclusions apply (1) Any "occurrence" that takes place
This insurance does not apply to: after you cease to lease that land,or
(1) Any "occurrence" which takes place (2) Structural alterations, new
after you cease to be a tenant in that construction or demolition operations
premises, or performed by or on behalf of such
person or organization
(2) Structural alterations, new 6. Additional Insured - State Or Political
construction or demolition operations
performed by or on behalf of such Subdivision—Permits
person or organization. a. WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
Page 18 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
Insured — State Or Political Subdivision - (e) Any failure to make such
Permits, but only with respect to inspections, adjustments, tests or
operations performed by you or on your servicing as the vendor has agreed
behalf for which the state or political to make or normally undertakes to
subdivision has issued a permit make in the usual course of
b. With respect to the insurance afforded to business, in connection with the
these additional insureds, the following distribution or sale of the products;
additional exclusions apply (f) Demonstration, installation,
This insurance does not apply to* servicing or repair operations,
except such operations performed
(1) "Bodily injury", "property damage" or at the vendor's premises in
"personal and advertising injury" connection with the sale of the
arising out of operations performed for product,
the state or municipality, or
(g) Products which, after distribution
(2) "Bodily injury" or "property damage" or sale by you, have been labeled
included in the "product-completed or relabeled or used as a
operations"hazard container, part or ingredient of any
7. Additional Insured—Vendors other thing or substance by or for
a. WHO IS AN INSURED under Section C.is the vendor,or
amended to include as an additional (h) "Bodily injury" or "property
insured the person(s) or organization(s) damage arising out of the sole
(referred to below as vendor)shown in the negligence of the vendor for its
Declarations as an Additional Insured - own acts or omissions or those of
Vendor, but only with respect to "bodily its employees or anyone else
injury" or"property damage" arising out of acting on its behalf However,this
"your products" which are distributed or exclusion does not apply to
sold in the regular course of the vendor's (I) The exceptions contained in
business and only if this Coverage Part Subparagraphs(d)or(f), or
provides coverage for "bodily injury" or
"property damage" included within the (ii) Such inspections,
" adjustments, tests or servicing
products-completed operations adjustments,
as the vendor has agreed to
b. The insurance afforded to the vendor is make or normally undertakes
subject to the following additional exclusions: to make in the usual course of
(1) This insurance does not apply to business, in connection with
(a) "Bodily injury" or "property the distribution or sale of the
damage" for which the vendor is products
obligated to pay damages by (2) This insurance does not apply to any
reason of the assumption of insured person or organization from
liability in a contract or agreement whom you have acquired such
This exclusion does not apply to products, or any ingredient, part or
liability for damages that the container, entering into,
vendor would have in the absence accompanying or containing such
of the contract or agreement, products.
(b) Any express warranty 8. Additional Insured—Controlling Interest
unauthorized by you; WHO IS AN INSURED under Section C. is
(c) Any physical or chemical change amended to include as an additional insured
in the product made intentionally the person(s) or organization(s) shown in the
by the vendor, Declarations as an Additional Insured —
(d) Repackaging, unless unpacked Controlling Interest, but only with respect to
solely for the purpose of inspection, their liability arising out of
demonstration, testing, or the a. Their financial control of you,or
substtution of parts under b. Premises they own, maintain or control
instructions from the manufacturer, while you lease or occupy these premises
and then repackaged in the original
container,
Form SS 00 08 04 05 Page 19 of 24
BUSINESS LIABILITY COVERAGE FORM
a. The United States of America(including its b. You have failed to fulfill the terms of a
territories and possessions), Puerto Rico contract or agreement,
and Canada, if such property can be restored to use by:
b. International waters or airspace, but only if a. The repair, replacement, adjustment or
the injury or damage occurs in the course removal of "your product" or "your work",
of travel or transportation between any or
places included in a.above,
b. Your fulfilling the terms of the contract or
c. All other parts of the world if the injury or agreement
damage arises out of
12. "Insured contract" means.
(1) Goods or products made or sold by you
in the territory described in a.above, a A contract for a lease of premises.
However, that portion of the contract for a
(2) The activities of a person whose home lease of premises that indemnifies any
is in the territory described in a person or organization for damage by fire,
above, but is away for a short time on lightning or explosion to premises while
your business,or rented to you or temporarily occupied by
(3) "Personal and advertising injury" you with permission of the owner is
offenses that take place through the subject to the Damage To Premises
Internet or similar electronic means of Rented To You limit described in Section
communication D. — Liability and Medical Expenses Limits
provided the insured's responsibility to pay of Insurance
damages is determined in the United States of b. A sidetrack agreement;
America (including its territories and c. Any easement or license agreement,
possessions), Puerto Rico or Canada, in a including an easement or license
"suit" on the merits according to the agreement in connection with construction
substantive law in such territory, or in a or demolition operations on or within 50
settlement we agree to feet of a railroad,
7. "Electronic data" means information, facts or d. Any obligation, as required by ordinance,
programs to indemnify a municipality, except in
a. Stored as or on; connection with work for a municipality,
b. Created or used on; or e. An elevator maintenance agreement,or
c. Transmitted to or from f. That part of any other contract or
computer software, including systems and agreement pertaining to your business
applications software, hard or floppy disks, (including an indemnification of a
CD-ROMS, tapes, drives, cells, data municipality in connection with work
processing devices or any other media which performed for a municipality) under which
are used with electronically controlled you assume the tort liability of another
equipment party to pay for"bodily injury" or "property
8. "Employee" includes a "leased worker". damage"to a third person or organization, a
"Employee" does not include a "temporary provided the bodily injury" or nproperty
worker" damage' is caused, in whole or in part, by
you or by those acting on your behalf.
9. "Executive officer" means a person holding Tort liability means a liability that would be
any of the officer positions created by your imposed by law in the absence of any
charter, constitution, by-laws or any other contract or agreement
similar governing document
Paragraph f. includes that part of any
10. "Hostile fire" means one which becomes contract or agreement that indemnifies a
uncontrollable or breaks out from where it was railroad for "bodily injury" or "property
intended to be damage" arising out of construction or
11. "Impaired property" means tangible property, demolition operations within 50 feet of any
other than "your product" or "your work", that railroad property and affecting any railroad
cannot be used or is less useful because bridge or trestle, tracks, road-beds, tunnel,
a. It incorporates "your product" or "your work" underpass or crossing
that is known or thought to be defective, However, Paragraph f. does not include
deficient,inadequate or dangerous,or that part of any contract or agreement:
Form SS 00 08 04 05 Page 21 of 24
BUSINESS LIABILITY COVERAGE FORM
c. The wrongful eviction from, wrongful entry Work that may need service, maintenance,
into, or invasion of the right of private correction, repair or replacement, but
occupancy of a room, dwelling or which is otherwise complete, will be
premises that the person occupies, treated as completed
committed by or on behalf of its owner, The "bodily injury" or "property damage"
landlord or lessor; must occur away from premises you own
d. Oral, written or electronic publication of or rent, unless your business includes the
material that slanders or libels a person or selling, handling or distribution of "your
organization or disparages a person's or product" for consumption on premises you
organization's goods, products or services, own or rent
e. Oral, written or electronic publication of b. Does not include "bodily injury" or
material that violates a person's right of "property damage"arising out of.
privacy, (1) The transportation of property, unless
f. Copying, in your "advertisement", a the injury or damage arises out of a
person's or organization's "advertising condition in or on a vehicle not owned
idea"or style of"advertisement", or operated by you, and that condition
g. Infringement of copyright, slogan, or title of was created by the "loading or
any literary or artistic work, in your unloading" of that vehicle by any
"advertisement",or insured, or
h. Discrimination or humiliation that results in (2) The existence of tools, uninstalled
injury to the feelings or reputation of a equipment or abandoned or unused
natural person materials.
18. "Pollutants" means any solid, liquid, gaseous or 20. "Property damage"means
thermal irritant or contaminant, including smoke, a. Physical injury to tangible property,
vapor, soot, fumes, acids, alkalis, chemicals and including all resulting loss of use of that
waste Waste includes materials to be recycled, property All such loss of use shall be
reconditioned or reclaimed deemed to occur at the time of the
19. "Products-completed operations hazard"; physical injury that caused it, or
a. Includes all "bodily injury" and "property b. Loss of use of tangible property that is not
damage" occurring away from premises physically injured All such loss of use
you own or rent and arising out of "your shall be deemed to occur at the time of
product"or"your work"except "occurrence"that caused it
(1) Products that are still in your physical As used in this definition, "electronic data" is
possession, or not tangible property.
(2) Work that has not yet been completed 21. "Suit" means a civil proceeding in which
or abandoned. However, "your work" damages because of "bodily injury", "property
will be deemed to be completed at the damage" or "personal and advertising injury"
earliest of the following times to which this insurance applies are alleged.
(a) When all of the work called for in "Suit" includes
your contract has been completed a. An arbitration proceeding in which such
(b) When all of the work to be done at damages are claimed and to which the
the job site has been completed if insured must submit or does submit with
your contract calls for work at our consent, or
more than one job site b. Any other alternative dispute resolution
(c) When that part of the work done at proceeding in which such damages are
a job site has been put to its claimed and to which the insured submits
intended use by any person or with our consent
organization other than another 22• "Temporary worker" means a person who is
contractor or subcontractor furnished to you to substitute for a permanent
working on the same project "employee" on leave or to meet seasonal or
short-term workload conditions
23. "Volunteer worker"means a person who:
a. Is not your"employee",
Form SS 00 08 04 05 Page 23 of 24
REQUEST FOR MAYOR'S SIGNATURE
•NT Please Fill in All Applicable Boxes
KE
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: Brian Levenha en Phone (Originator): x5116
Date Sent: 02/29/12 Date Required: 03/02/12
Return Signed Document to: Teri Petrole CONTRACT TERMINATION DATE: 04/05/12
VENDOR NAME: NETServices DATE OF COUNCIL APPROVAL: N/A
Brief Explanation of Document:
Contract is with NETServices for emergency repair of netting at Kent Memorial Park
due to storm damage.
All Contracts Must Be Routed Through The Law Department
(This area to be completed by the Law Depart me�/J7t()��f
Received: Et .
Approval of Law Dept.: VAR 0 1 2i)12
Law Dept. Comments: y� a rs�
��� ` '.
€ t DE
(i l
Date Forwarded to Mayor: 1
�I I � 2- ,
Shaded Areas To Be Completed By Administration Staff
r-Received: t�
Recommendations and Comments:
1
Disposition:
Date Returned: