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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 IKSLAI A Ekvtfgw CaSLAW Im Co. INSURED INBLVERB 0NQC;3SLmftlns.Cm NETSERNICES.LLC IBC NEfSE WOES US,INC. rasur+stD 1301011TH AVE NE TULAUP,WA 98271 e8If8RE Irlfitl6t F COVERAGES CERTIFICATE NUMBER: OW14329.0 REVISION NUMBER: 41 -IHS IS TOCERf1FYTHATTFE POLICIES OF INS17AN CE LISTED EBJC)NHAVH BEEN ISSUEEDTOTI-E IMLRED NIArdEDABCNE PCRTHE PODGY PERIOD INCICATBI NaiwrxsTAhOWzornrFEQJF43A3�rTEFCnoRCCm-nCNCFANroONrPAc.'rMM ERDoa�V%fMFdO�TDW]041HS a] ncATEMAYBEiSmmmMAYPERraKTHEINS.IRNJCEAFFOFDEDBYTWPaJaE5DES(}aBMHEREINISSAL13UTTOA-LTFETEFdvS. EXCLL0Cra SANDOCNDMC SCF SUCH PcuaES LIMMSFOMMAY FANS BEEN REIX> BYPALDa/UMS IN47 TttEOFINSmmm MUCY N1MEM POLIW jPAffCDnnnffl uMTs LTR A GB*PALuABuTv Y N 52SBATL1701 OSM41MJI f1.y1412012 EMHOODRP ,CE $ 1 000000 X COWS GOOff _UABUTr Ear) $ 300000 av,GAACE 0 occm KOEDBJ P(AIVore ) $ 10,000 PERSCWLBAWIKA.RY $ 1000000 CENRALAGGFEG4TE a Z000,000 GENLAGGREGk7EL1MTAPPIJFSP0t PROOLCIS-ornv10P,roG a 000000 Fcucr X o LOC S B AUlO1rCBLELIAa(ITY Y N E AC63478464 01AD3l2012 MAID M3 wdd3t) LPTr 1 000 ON X ac0LYIrdA-FN(papmCN 9 All7Nl� SCHEMLED BOOLYlNARf(Paa00dM) $ All106 A4CP621YD*A O- S X FIr�Al1TCG X A1ros ®°a+ i S A Xi LmmO-LAuAB I X coat N N 52SBATL1701 05/14l2W1 05H4=12 EACH OOCIRFfCE $ 4000,000 EXCESS uAB AGGRE A.TE $ 4,000 000 I7ED I X1 mancNS 10000 S A " A'm N 52SBATL1701 05/14/2011 W14=2 w 11W � X 'ER STOP GAP AM B(PLOYOW IIABLITf Y/N N/A myE EL FACHAMCENT S 1,000,000 EL DMASE-EA S 1000,000 DESC4t e�'�` ` EL LTA-P[LCNuMT S 1000DOO PI1W OFOP6t4TION56Hov B INLANDRIARhE N N BM053478464 01aaIf2D12 01/03f2013 REIVWLEs® M00016W,000 DESCFWIMOFOPMATI"ILOCATICMIVBICLES(Attach ACORDIOI,Ad*Uo W R,rtm Stlwd*lrn vpa laro**64 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: