HomeMy WebLinkAboutPK12-049 - Original - NETServices - Riverbend Golf Complex Netting Replacement - 03/05/2012 Records Man. a'gemen 4
KENT Document
WASHINGTOH -
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
q
Contract Number:
This is assigned by City Clerk's Office
Project Name: Riverbend Golf Complex Driving Range Netting Replacement
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: 03/05/12 Termination Date: 04/05/12
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.):
5 Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
r
KENT
V✓AS MINGTCN
PUBLIC WORKS AGREEMENT
between City of Kent and
NetServices
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:
At Riverbend Golf Complex, furnish and replace netting on owners existing poles,
hardware, and wire; repair / replace as needed all existing horizontal wires and x-
bracing per enclosed specifictions and general conditions which are a part of this
proposal, as described in the Scope of Services attached and incorporated as Exhibit
A.
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Contractor further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time such services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon execution of this Agreement. Upon the effective
date of this Agreement, Contractor shall complete the work described in Section I thirty (30)
days from the City of Kent notice to proceed.
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed
Ninety Nine Thousand, Nine Hundred Eighteen Dollars and 75/100 ($99,918.75), including any
applicable Washington State Sales Tax, for the work and services contemplated in this
Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of
the work described in the invoice that has been completed by the Contractor and approved by
the City. The City's payment shall not constitute a waiver of the City's right to final inspection
and acceptance of the project.
PUBLIC WORKS AGREEMENT - 1
(Over$10K, under$50K, and Performance Bond)
A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the
Contractor, shall provide the City a payment and performance bond for the
full contract amount.
B. RetainaQe. The City shall hold back a retainage in the amount of five percent
(5%) of any and all payments made to contractor 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. The amount retained shall be placed in a fund by the City pursuant to
RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within
fourteen (14) calendar days of Contractor's signature on the Agreement.
C. 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.
D. 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.
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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.
PUBLIC WORKS AGREEMENT - 2
(Over$1OK, under$50K, and Performance Bond)
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.
E. The Contractor has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Contractor's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW
or an electrical contractor license pursuant to Ch. 19.28 RCW.
G. The Contractor maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. The City may terminate this Agreement for good cause. "Good
cause" shall include, without limitation, any one or more of the following events:
A. The Contractor's refusal or failure to supply a sufficient number of properly
skilled workers or proper materials for completion of the Contract work.
B. The Contractor's failure to complete the work within the time specified in this
Agreement.
C. The Contractor's failure to make full and prompt payment to subcontractors
or for material or labor.
D. The Contractor's persistent disregard of federal, state or local laws, rules or
regulations.
E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt.
F. The Contractor's breach of any portion of this Agreement.
If the Cityterminates this Agreement for good cause, the Contractor shall not receive any
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After
further moneydue under this Agreement until the Contract work is completed.
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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
PUBLIC WORKS AGREEMENT - 3
(Over$10K, under$50K, and Performance Bond)
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
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.
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PUBLIC WORKS AGREEMENT - 4
(Over$1OK, under$50K, and Performance Bond)
'B. Records. The Contractor shall keep complete records of extra costs and ti
me
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
invalid protest.
C. Contractor's Duty to Complete Protested Work. In spite of any claim, the
Contractor shall proceed promptly to provide the goods, materials and services
required by the City under this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Contractor also waives any additional entitlement and accepts from the City any
written or oral order (including directions, instructions, interpretations, and
determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures
of this section, the Contractor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY
LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR
DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO
FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY
APPLICABLE STATUTORY LIMITATIONS PERIOD.
X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the
City a one-year warranty bond in a form and amount acceptable to the City. The Contractor
shall correct all defects in workmanship and materials within one (1) year from the date of the
City's acceptance of the Contract work. In the event any parts are repaired or replaced, only
original replacement parts shall be used—rebuilt or used parts will not be acceptable. When
defects are corrected, the warranty for that portion of the work shall extend for one (1) year
from the date such correction is completed and accepted by the City. The Contractor shall begin
to correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Contractor does not accomplish the corrections within a reasonable time as
determined by the City, the City may complete the corrections and the Contractor shall pay all
costs incurred by the City in order to accomplish the correction.
XI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on
behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates.
Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy
Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract
work, file the attached Compliance Statement.
PUBLIC WORKS AGREEMENT - 5
(Over$10K, under$50K, and Performance Bond)
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.
The City's inspection or acceptance of any of Contractor's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor
and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability
hereunder shall be only to the extent of the Contractor's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Contractor refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Contractor's part, then Contractor shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Contractor's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
PUBLIC WORKS AGREEMENT - 6
(Over$IOK, under$50K, and Performance Bond)
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section XII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
"
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and 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$1OK, under$50K, and 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: By:
(signature (signature)
Print Name: hA c4 tJ 00 Pri Nam S zette Cooke
Its tL AGz,26- AAICMFlp�/ _ It Ma vor
(title)
DATE:Z7T2 c)jZ DATE: o
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Dan Dunn Pete Petersen, Supt.
NETServices City of Kent
13010 11th Avenue NE, 220 Fourth Avenue South
Tulalip, Washington 98271-6751 Kent, WA 98032
(253) 856-5190 (telephone)
425-870-7145 (telephone) (253) 856-6190 (facsimile)
360-651-1956 (facsimile)
APPROVED AS TO FO M:
• I
Kent Law Department
i
NUSe ices for Rrverbend
PUBLIC WORKS AGREEMENT - 8
(Over$1OK, under$50K, and Performance Bond)
• l
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.
a
a
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 Z- day of �2,/12 rtA,2 Y , 20LZ
By:
For: Novi 1/ �2u1
Title: /% WA6--TJ G
Date: �?�/ L�JZuj7 _
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.
I
I�
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 , 20
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
NETServices PROPOSAL
13010 1 lth Avenue NE
Tulallp, WA 98271-6751 DATE Proposal No
2/1/2012 5684-R2
Ship To
City of Kent-Parks Riverbend Golf Complex
Riverbend Golf Complex 220 4th Avenue South
220 4th Avenue South Kent,WA 99032
Kent,WA 98032
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i
ATT REP PROJECT TERMS OTHER
Expnes m 30
DN 7600 2012-OL REPl Net 20 Days Days
I
ITEM QTY DESCRIPTION UNIT TOTAL
KENT5 1 BASE BID LS 68,700 OOT
Furnish and replace netting on owners existing poles,hardware,and wire,repair/replace as needed all
existing horizontal wires and x-bracing per enclosed specifications and general conditions which are a
part of this proposal
SHIPPI 1 Shipping-LTL Materials LS 1,200 OOT
5684- 1 BID ADDITIVE ONE LS 18,550 OOT
Install all new hardware and wire with horizontal wmdlines installed not to exceed 25'O C per enclosed
specifications and general conditions which are a part of this proposal
SHIPPI 1 Shipping-LTL Materials LS 800 OOT
BOND 1 Performance&Payment Bond 2,000 OOT
IMPORTANT LEGAL NOTICE-
As requned by Washington Contracting law for all construction,repair,or improvements of real property,
NETServices is licensed as a Contractor by the Washington Department of Labor and Industry—License
#NETSEL*964CP It is illegal in the state of Washington for a business or entity to bid on or offer to
perform construction work without proper licensing and license information is to be provided to property
owner of owners representative at time of bid
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 unforseeable delay beyond our control
Thank you for the opportunity to offer our services
Respectfully submitted- Dan R Nunn Sub-Total $91,250 00
ACCEPTANCE OF PROPOSAL
The above prices,specifications,and conditions are satisfactory and are hereby accepted Sales Tax (9.5%) $8,668 75
You are authorized to do the work as specified Payments will be made as per above terms
Authorized Signature Date TOTAL $99,918.75
Phone# Fax# E-mail Web Site
888-365-6387 (360)651-1956 dnunn@NETServicesUS com wwwNETServicesUS com
AZ ROC216163 CA 920736 1 FL 1519578 NV 0071426 1 OR 185087 1 UT 7748726 WA NETSEL*964CP
NETServices
SPORT/BARRIER/PROTECTIVE Snecializinz in Custom Netting Installation &Maintenance
www NETServacesUS com 13010 I P" 4venue NE—Tulahp WA 98271-6751
PROJECT: Riverbend Golf Complex—Kent, WA 2012/01/26
Golf Barrier Netting Replacement
Proposal# 5684-Rl
Material and installation specification (Pam 1 of 1):
General Performance shall be in accordance with the highest standard prevailing in the barrier netting industry The Netting
System installation must be performed by a professional netting installation contractor with a minimum of eight years,
current from this date, proven experience constructing netting systems of the size, scope, and nature of the work in
this specification
The Netting Installation Contractor shall provide Certificates of Insurance with minimum limits of$1,000,000 per
occurrence and$5,000,000 total aggregate including any excess or umbrella coverage, for general liability,
completed products, &automobile The insurance company must have minimum A+ rating
Scone BASE BID
Furnish and replace golf netting on owners existing steel poles, hardware, and wire, Repair and replace wire as
needed (2 horizontal and vertical wires), Repair/Replace X-Bracing as needed), System consists of 125' H x 500 LF
and 105' H x 460' over 11 spans, Proposal includes site visit to obtain as built dimension for manufacturing of custom
panels, Pricing includes disposal of old netting
BID ADDITIVE ONE
Furnish and install all new hardware and wire with horizontal wires installed not to exceed 25'O C
Includes all material, labor, expenses,shipping, equipment and accounts for one mobilization and demobilization
Netting #18 x 1"Golf Barrier Netting 100%DuPont Type 66-728 Knotted Nylon 191 lb per strand break strength Dyed Black,
Tarred, Stabilized, and bonded for UV and weather resistance Netting manufactured with rope borders around entire
perimeter, one center horizontal wind line, and vertically on all poles Custom fit and tailored for tight fit on framing
wires
BID ADDITIVE
Horizontal wind lines at cable locations not to exceed 25'O C
10 year manufacturers warranty for material defects and outdoor life expectancy.(warranty enclosed)
Rope/Twine 5/16"Twisted Nylon Rope for netting borders/perimeters&all rib lines 3,600lb break strength #24 Twisted Nylon
Twine 100% DuPont Type 66-728 Nylon-Tarred, stabilized, and bonded for UV and weather resistance Sewn to
netting w/'/z and clove hitch 6" O C and not to exceed 8"O C
Hardware/Wire 5/16" Electro-Galvanized Snap Hooks for attaching netting panels to guy/framing wires 30"O C along all framing
wires
BID ADDITIVE
3/8" EHS(extra high strength) 1 x 7 guy strand wire for top wire, one center wire, bottom wire, and down guys with
15,400 lb break strength 5/16" EHS(extra high strength) 1 x 7 guy strand wire for horizontal wind lines Not To
Exceed 25' O C with 11,200 lb break strength, 1/4" EHS (extra high strength) 1 x 7 guy strand wire for vertical wires
on each pole with 6,650 lb break strength, Preformed grips, utility standard, used to form all eyes
Pole Line Hardware BID ADDITIVE
All pole line hardware meets ANSI Standards and is RUS Listed Supplied by Chance/Hubble Sized Typ 5/8" Bolts
and Fittings, All bolts and hardware are galvanized, and rated, All cable attachment points using thimble eye type
hardware to minimize pinching and/or kinking of cable
End and Corner Poles
5/8" DAFTB(Double Arming Full Thread Bolt)with thimble eye nut top, bottom, and at wind line locations not to
exceed 25' O C ,Angle Thimble Eye behind Thimble fitting top and bottom for attachment of vertical wires,Angle
Thimble Eye on outside of pole tops and center for running down guy to earth anchor, Square curved and spring
locking washers typical each side of fitting/bolt
Mid Span Poles
5/8" DAFTB with 3-Bolt Suspension clamps top, bottom, and at wind line locations not to exceed 25' O C ,Top and
Bottom with vertical support roller behind clamp for attachment of vertical wires, Center fittings 25'O C with 1-Bolt
Clamp behind 3-Bolt for securing vertical wires, Square curved and spring locking washers typical each side of fitting/
bolt
Phone 888-365-NETS(6387) in Fax (360)651-1956 in E-mail support@net-services us ■ www NETServacesUS com
AZ ROC216163 CA 920736 FL-CGC1519578 LA.54909 NV 0071426 OR. 185087 WA NETSEL*964CP UT 7748726-5501
NETServices
SPORT I BARRIER/PROTECTIVE Speciahzing in Custom Netting Installation&Maintenance
www NETServicesUS com 13010 I P4Avenue NE—Tulahp WA 98171-6751
GENERAL CONDITIONS OF THIS PROPOSAL
NETServices,LLC—dba NETServices proposal is based on the following conditions,wherever applicable,and for which no cost or provision has been made
in the attached proposal This proposal is made for provision by NETServices,LLC of certain construction services(the"work")to the recipient ofthis
proposal These conditions shall be specifically included in any contract for which this proposal is accepted,whether by specific reference or by inclusion as
an exhibit to that contract Proposal is contingent on physical site inspection included in proposal Alteration to the terms of this proposal,and/or the
conditions outlined below are binding on N'ETSery ices,LLC only if such alteration is specifically agreed to by NE I Services,LLC in writing An Officer of
NETServices LLC must approve any modifications
l Conflicting Terms Favors This Proposal Should any conflict anse between these conditions,and those included in any contract issued for the
work,the substance of NETServices'proposal and these conditions shall supersede any description of the work to be performed or condition
included in such contract
2 Proposal Valid 30 Days This proposal is valid for 30 days from the date of its issuance,and shall expire and be of no effect after such time
Acceptance of NETServices'proposal shall create a contract between NETServices and the accepting party,for which these conditions shall
serve,absent mutually negotiated alteration acknowledged in writing as the basis for the agreement
3. Payment in U S Funds This proposal is made based on payment to NETServices as outlined below,in current United States Funds Unless
otherwise stated in the proposal all local,state and federal taxes,wherever applicable,including sales or use taxes,are excluded from the
proposal NETServices does not accept responsibility for liquidated damages No payment may be withheld due to missing documentation
without advising NETServices 5 days prior to scheduled payment date
4 One Continuous Operation This proposal is based on NETServices performing the work in one continuous,uninterrupted operation This
proposal is based on NETServices making one mobilization and one demobilization only for the work,unless specifically noted otherwise
5 Payment Terms Unless otherwise mutually negotiated and agreed NETServices will be paid 0%of total contract price upon acceptance of
proposal for engineering fabrication of poles and mobilization NETServices shall then pan idea Schedule of Values in AIA format and make
application monthly for progress payments based upon the percentage of completion of work,which shall be deemed to include both all work
accomplished on the project site,as well as off-site fabrication,delivered materials,and off-site materials purchased for the work,completed or
stored during the billing month Final payment,including the release of any and all retention shall be made to NETServices NET 20 Days upon
substantial completion of the work Should legal action be required to enforce payment the client agrees to reimburse NETServices for all costs
including attorney fees Delinquent accounts will accrue interest at the highest allowable legal rate
6 Indemnity NETServices agrees to defend and hold the recipient of this proposal harmless,if that person or entity is the contracting party with
whom NETServices contracts for the work proposed herein,for all acts of NETServices which harm third parties,only to the extent of
NETServices neahgence for such acts The extent to which NETServices will provide such indemnity is the same whether such negligence is
solely or comparatively that of NETServices
7. Hazardous Materials NETServices excludes from this proposal the costs and responsibility for the identification or removal,abatement or
rehabilitation of hazardous waste Further,NETServices includes no costs in this proposal for any hazardous waste training of its personnel
8 Obstructions Unless otherwise specifically addressed,this proposal makes no allowances for the costs of removal of"obstructions" For
purposes of this proposal or contract,"obstructions"is defined as "Any material which cannot be drilled with a conventional earth auger and/or
under reaming tool and which requires the use of special rock augers,core barrels,air tools,blasting and/or other methods of hand excavation
All earth seams,rock fragments and voids included in the rock excavation area will be considered rock for the full volume of the shaft from
initial contact with the obstructive material,for the purposes of both mensuration and calculating the payment due for material's removal"
Obstructions shall also include any trees brush,or shrub that must be removed for which NETServices makes no allowance for and is the
responsibility of others
9 Back Charges All back charges to NETServices under this agreement must be presented and signed for daily by an authorized representative of
NETServices
10 Additional Work Unless otherwise agreed,all work additional to that included in this proposal will be performed by NETServices on a `time
and materials' basis NETServices will present a Field Work Report,itemizing the labor,equipment,materials,and subcontractors used to
perform the additional work The field Work Report will be presented daily as soon as practicable after the additional work is completed
Signature by the owner/contractor to the Field Work Report indicates agreement that the quantities of added labor,materials equipment and
any subcontractors if used,on the date(s)indicated NETServices standard rates for equipment and labor that applies to extra work are available
on request
Page 1 of 2
Phone 888-365-NETS(6387) ■ Fax (360)651-1956 ■ E-mail support@net-services us ■ www NETServicesUS corn
AZ ROC216163 CA:920736 FL CGC1519578 LA 54909 NV-0071426 OR 185087 WA NETSEL*964CP UT:7748726-5501
NETServices
SPORT I BARRIER 'PROTECTIVE Specializing in Custom Netting Installation &Maintenance
www NETServices US com 13010 11`"Avenue NE—Tulalip, WA 98271-6751
GENERAL CONDITIONS(cont...J
11 Differing Site Conditions In the event actual conditions on the project site differ from either a)the document provided to NETServices upon
which this proposal is based,or b)those conditions ordinarily and generally recognized as inherent in work of the character contemplated by
this proposal.NETServices shall be entitled to an appropriate adjustment in the pricing included in this proposal,and the time allotted for
NETSery ices work
12 Existing Utilities Unless otherwise agreed,NETServices excludes any responsibility for the location of,permanent or temporary relocation of
protection of or damage to existing utilities on or adjacent to the project site,whether above or below ground "Utilities' include,but are not
limited to piping,ducts or cabling associated with water gas,oil,sewer drain,electrical,steam,telecommunications septic,sprinklers,
irrigation or hydraulic systems Interference to NETServices work caused by existing utilities is to be considered`differing site conditions',for
which NETServices will receive appropriate compensation
13. Access This proposal assumes that adequate and unobstructed access will be provided for all equipment,diggers,booms,cranes,trucks,self-
un-loaders delivering pole or materials,and concrete trucks,moving under their own power to and on the project site All access for operations
associated with NETServices work will be established and maintained by others Such access includes,but is not limited to,furnishing and
placing of surfacing materials,acceptable ramps allowing access to excavations,and excavation"benches'
14 Spoil and Excess Materials This proposal makes no allowance for the removal,stockpiling,redistribution.or handling of the spoil,excess sod
or debris resulting in NETServices work Removal and disposal of all NETServices placed materials is by others
15 Hole Stabilization and Dewatering This proposal make no allowance for hole stabilization techniques or dewatering if required If either of the
above is required NETServices shall be entitled to an appropriate adjustment in the pricing included in this proposal.and the time allotted for
NETServices work
16 Surface Protection Drilling and/or lift equipment is cumbersome and heavy NETServices or its subcontractors are not responsible for removal,
damage to,or restoration of,landscaping and/or grass,sidewalks,curb~__asphalt concrete,pipes,septic,or irrigation
17 Schedule and Completion of Work Schedule and completion of work dependent on reasonable and safe operating ground,weather/wind
conditions as determined by NETServices While NETServices will make every effort to schedule above work on a weather permitting basis,
any and all additional expenses incurred due to factors beyond NETServices control,reasonably unforeseeable,or outside of scope will result in
additional charges and be executed via written change order
18 Traffic Control and Services This proposal makes no allowance for traffic control,flagging or road closures as may be necessary for
NETServices'work Electrical power,sanitation facilities,street cleaning and water in sufficient quantities,are to be provided by others at no
cost to NETServices Water is to be located within the confines of the project and no more than 150' from the work and delivered timely so as
not to delay NETServices Water quantity shall be equivalent to 1-1/2"pipe at full pressure Such services are to be provided by others at no
cost to NETServices in a manner that facilitates and does not interfere with NETServices work
19 Permits This proposal includes neither the costs of nor labor to procure any permit,license,agreement,easement,or other necessary permission
to allow for NETServices'work Unless otherwise negotiated and mutually agreed,procurement of such items is the responsibility of others
including street use permits and water meters NETServices will obtain permits with assistance of local owner support,cost of oermittma
will be a direct pass through to owner at actual cost.
20 Special Services Any required inspections,surveys,monitoring,engineering,materials testing,staking,certification of elevation of equipment
installed,as built drawings or reports will be the responsibilities of others or by change order to this contract
21 Bonds Unless otherwise agreed,this proposal excludes the provision of a performance or payment bond If required,NETServices will be
reimbursed for any associated fees at our current bond rate which is 2 0%
22 Insurance This proposal includes provision by NETServices of standard comprehensive liability and automobile insurance,in the amounts of
$1,000.000 per occurrence,$2,000,000 aggregate with a$4,000,000 Umbrella NETServices shall be reimbursed if required to provide
coverage in excess or in addition to the above NETServices Workers Compensation insurance is state funded by the State of Washington This
coverage is accepted by most states that have a reciprocating agreement with the State of Washington and NETServices workers are covered in
any state If NETServices is required to obtain additional Workers Compensation insurance in the state the work is to be performed,any
premiums and appropriate compensation for procurement will be reimbursed to NETServices
23. Settlement of soils NETServices is not responsible for any settlement of soils,or any damage that results from such settlement resultant of
NETServices work,unless such damage results from the sole negligence of NETServices This includes but is not limited to any damage to any
structure or improvement caused by vibration of the machinery or the movement of equipment
Page 2 of 2
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
r
NETS1'ervices
SPORT i B4RRIER"PROTECTIVE Specializine in Custom Netting Installation &Maintenance
www NETServices US com 13010 11'h Avenue NE—Tulalip, WA 98271-6751
A representative listing of completed lobs by NETServices
Big League Dreams Sports Park Completed: 10/2009
Las Vegas,NV Total Contract $975,000
Roche Constructors, Inc. -GC Installation of 181 steel poles and netting 70',
Mr Doug Olson—Senior Project Mng. 35', and 20' above grade for barriers at large
Las Vegas,NV 89117 sports complex.
702-252-3611
Big League Dreams Sports Park Completed 02/2008
Mansfield,TX Total Contract $660,000
Pete Durant&Associates-GC Installation of 96 steel poles and netting 60'
Mr Darrell Durant- President above grade for barriers at large sports complex.
Mansfield, TX 76063
817-439-3213
Dallas Cowboys Stadium Completed: 09/2009
Manhattan Construction- GC Total Contract $426,000
Mr Mark Hickman—Spec. Project Manager Installation of Scrim and Bird Netting on Center
Arlington. TX 76011 Hung Scoreboard
817-524-0400
Big League Dreams Sports Park Completed- 11/2011
Perris,CA Total Contract $625,000
Soltek Pacific-GC Installation of 90 steel poles and netting 70'
Mr Casey Bain—Project Manager above grade for barriers at large sports complex.
Perris, CA
619-296-6247
City of Walla Walla Completed- 07/2008
Veterans Memorial Golf Course Total Contract $240,000
Mr Jim Dumont—Senior Project Manager Installation of 34 steel poles and netting 40' to
Walla Walla, WA 95' above grade for driving range.
509-527-4527
Foothill Parks and Recreation PING Golf Test Facility
Kevin Brown—Parks Director Mr.Ken Kays—Plant Facilities Manager
Littleton, CO 80123 Phoenix, AZ 85029
303-406-2610 (602)687-5590
City of Phoenix City of Seattle Parks& Recreation
Caid Industries-GC Bobby Moms Playfreld
Mr Kyle Peyton—President Ted Holden—Architect
Tempe,AZ Seattle, WA
520-294-3126 (206)684-7104
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
SPOR7 I BARRIER I PROTECTIVE Specializing in Custom Netting Installation&Maintenance
www NETServices US com 13010 II'h Avenue NE—Tulakp, WA 98271-6751
A representative listing of completed lobs by NETServices, LLc
OKI Development Group PIhiG 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
Lakewood Country Club Citv of Renton
Dave Crawmer—Head Pro Maplewood Golf Course
Rockville,MD Kelley Beymer—Parks Director
301-762-5430 Renton, WA
425-430-6617
Three Rivers Park District Big League Dreams Sports Park
Eagle Lake Golf Course Pete Durant&Associates-GC
Mr William Vollebrecht Mr Darrell Durant-President
Plymouth, MN 55442 Mansfield, TX 76063
763-694-7820 817-439-3213
Kemper Sports Management Big League Dreams Sports Park
Chicago Parks &Rec/Diversey Driving Range Roche Constructors, Inc - GC
Mr Chris Patterson-Manager Mr Doug Olson
Chicago. IL 60657 Las Vegas.NV
(312) 742-7930 702-252-3611
Broadmoore& Brookside Golf Club City Of Lincoln
Brent Kruger—General Manager Mahoney Golf Course
Moore,OK 73160 Steve Hiller —Project Manager
405-740-0112 Lincoln,NE
402-441-8266
City of Walla Walla Hennepin County
Jim Dumont—Parks Director Parkers Lake Golf Center
Walla Walla, WA Robert Fuller
509-527-4527 Plymouth, MN 55447
612-596-0139
City of Seattle Parks& Recreation Foothill College
Bobby Morris & Georgetown Playfield Ms Sue Gatlin—Athletic Director
Ted Holden—Architect Los Altos Hills,CA 94022
Seattle, WA (650)949-7741
(206)684-7104
Point Defiance Zoo& Aquarium Citv 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
NETServices
SPORT/BARRIER/PROTECTIVE Specializing in Custom Netting Installation &Maintenance
www NETServtces US com 13010 11`h Avenue NE—Tulaltp WA 98271-6751
NETServices, LLC—Key Personnel
Darnel Nunn Founder/Managing Member 27 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 McConnachre Chief Driller/Foreman 15 years experience in drilling/standing pole,pile driving,and Construction
Supervision
All of NETServices crew are OSHA 10 Certified and hold current CPR and First Aid Cards.
NETServices is reeistered with SBA as disadvantaeed business and certified by CC&R
Trade References — NETServices, LLC
Coastal Steel Pole Company
2933 16`'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 ■ wwwNETServicesUS com
AZ ROC216163 CA 920736 FL•CGC1519578 LA•54909 NV 0071426 OR 185087 WA•NETSEL*964CP UT 7748726-5501
NETServices
SPORL i BARRIER/PROTECTIVE SDecializinQ:n Custom NettmQ Installation&Maintenance
www NETServices US com 13010 11`6 Avenue NE—Tulakp, WA 98271-6751
COMPANYPROFILE
BUSINESS NAME: NETServices, LLC
13010 11 th Avenue NE
Marysville, WA 98271-6751
Phone: (888) 365-6387 Fax(360) 651-1956
Internet: www.NETServicesUS.com
TYPE OFBUSIIVESS. 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: AZ• ROC216163 CA: 920736 FL: CGC1519578 LA: 54909 NV: 0071426
OR: 185087 WA:NETSEL*964CP UT: 7748726-5501
Registered Foreign Corporation in: TX, ID, ML MD, RI, PA, MN, SD, UT,NM, KY,
GA, OH, IL,NY, NJ, TN. KS. CT, MO, MS. SC
BOND: 103623362
WORKERS COMP: WA State Funded-Acct# 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 51h 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
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)
i
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.
I
2. The Contractor's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the contractor and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Contractor's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
WDnYYM
A�0 CE MFICATE OF LLAMLJIY IWSLEW CE oy,7
1212112
THS CERTIFICATE IS ISSUED AS A MATTER OF IWORI V ATION ONLY AND DOWERS NO RIGHTS UPON THE C9ZIIFICA7E HOLDER THIS
CE72T1FICATE DOES NOTAFFIR MATWELY OR NEGATIVELY AHEAD,EX MEND ORALTER THE COVERAGE AFFORD®BY THE POLICIES
BELOW. THIS CE;MFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BE N EEN THE ISSUNG IW";a(S),AUTHORIZED
FEMESENTATTVE OR MODUCEP,AND THE CERTIFICATE HOLDER
INPORTANT: IT the certificate holder Is an ADDITIONAL INSUFt®;tho pollrypes)noel be endorsed If SUBROGATION IS WAIVET;subject to
the tones and eordi8ons of the policy,certain policies may require an endarsernent. A staten a on this oertlfleato does not carver rights ba the
certificate Wrier In I Wei of such endarsernen t(s).
PRoalovt CT
� Me M Johnson
WAGNERINISURANCE MrN (360)653-3737 MC' (360)669-6828
P.O.BOX 289 ='L
MARYSM UJE,WA 9827O I AFFCFOINi OCw'FILICTE NAIL#
INSUERw Haifford Cast.Wly 1
maxx a INSAWR13 Ohio 1 .Co.
NETSE!?VICES.LLC
NETSERMCES US,INC. INSLna2C
1301011TH AVE NE INSU EIRD
TULAUP,WA 98271 INSURER E
WS RER F
COVERAGES CERTIFICATE NUMBER OOM432" REVISION NUMBER, 41
THIS IS7OOFMFYTH4TTHE POLICIES OF INSLIR*CE LISTED BELONH4VE BEEN ISSLEIDTOTHE INSIF+ED NVADABOVIEFORTHE POJCYPE OD
INDICATED NOfWTFtSTAACINGANYR8ZJRENENT,TEFIVIORCOFUITICN OFANY OWRPCr R OTHER DOaAEWVVTHI FZESAEGTTOVWCH7HS
CERTI RCATE WY 13E ISSl1ED OR MAY PE RTAI N TI-E INSkYNCE AFFOFxED BY7FE PCUOFS DESCRIBED HERB N IS Sl.B1ECTTOALLT}ETEIzMe
DCLLL1SIO SAND COND[MONS OF SUCH POLICIES UM7S SHONJ K%Y HOVE BEEN RET]UCED BY PAID CLAIMS
TYFE OFIN3IRANCE POLICY IHU4ffii POLICY ffF POLICY DIP S
A GEP4E'H^LuAmuTv Y N 52SEIATL1701 05M412011 06114r2M2 EACHOMA"ENM $ 1,000,000
X COWEHCJ/+LGENHtALLJABILlTY PrBd Es s 300,000
CLAPSMenE ❑X OCCUR rfDOw(AW srwao) s 10.000
Pt3 90NAL BAO✓INKRY a 1000 000
GENEPALACGRECAATE $ Z000,000
CGE LA SFECALTELIMTAFPIIFSPER PRCOLMS-OOWNPAGG $ Z000,000
PCUCY X PRO L1OC a
B AuroruaLEuAwAY Y N BA053478454 01/03W2 01/03/201ED
3 COhMnlort) EUMr 1000
,000
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$
A X L�' X corm N N 52SBATL1701 05114W1 06I140M2 Eax+ocamE $ 4,000,000
EILCEBS LOB CLaMSHN+LE ACX4;ErATE a 4,WO,000
CM I X I REIHYr1CNa 1 a
A � N 52SBATL1701 05fl4r"l 0sr14/2W2 "CHAT" X °}` STOPGAP
AM YIN
AW
On-TCT3-.PRET$i In%E-1 N/A EL EAC]HACCKD W a 1 ow,0w
(ry�yeesAumbory In Mt EL CISFA'E-Ek $ 1000,000
O66dPTKN CF0Pa24TICT4Sbelov ELDSFASE-PaICYLJMT a 1000000
B IWANDMARINE N N MC113478464 01/03T2012 01==3 IFIENTIED&EASED EOkW0,0W5W,W0
OESCliPr1CNOFaWATKNa1LOCATIOmive4cLfis(AURCh ACOFDHOr,AdduorWRurrls SardN,Ym Spw Mn¢rlrra
THE CITY OF PUENT IS ADOMONAL INSIJZED AS THEM INTEREST MAY APPEAR IN WORK PEWICN N®BY THE INSLMM ON
THBR BBiALF.FORM SS 000E APPEAR CONIMMU]OPERA'TTONS,PRINIARY AND NONCONTRIBUTORY AND WAMM OF
SUBROGATION APPLIES,
CERTIFICATE HOLDER CANCELLATION
SFIOILDANY OF THE ABOVE DESCRB D POLICIES BE CANCELLED BEFORE
THE EXHRATION DATE THBiEOF,NOTICE VNLL BE DELIVER®IN
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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
amended to include as an additional insured in part, by your maintenance, operation or
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
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
b. With respect to the insurance afforded to additional exclusions apply
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 construction or demolition operations 6. Additional Insured - State Or Political
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
(2) "Bodily injury" or "property damage" (g) Products which, after distribution
included in the "product-completed or sale you, have been labeled
operations" hazard or relabeled or used as a
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
business and only if this Coverage Part (�) The exceptions contained in
provides coverage for "bodily injury" or Subparagraphs(d) or(f), or
"property damage" included within the (ii) Such inspections,
"products-completed operations hazard" adjustments, tests or servicing
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
substitution 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
This insurance does not apply to structural The limits of insurance that apply to additional
alterations, new construction and demolition insureds are described in Section D. — Limits Of
operations performed by or for that person or Insurance
organization How this insurance applies when other insurance
9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in
Contractors — Scheduled Person Or the Other Insurance Condition in Section E. —
Organization Liability And Medical Expenses General
a. WHO IS AN INSURED under Section C. is Conditions
amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES
insured the person(s) or organization(s) DEFINITIONS
shown in the Declarations as an Additional
Insured — Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public
but only with respect to liability for "bodily dissemination of information or images that
injury", "property damage" or "personal has the purpose of inducing the sale of goods,
and advertising injury" caused, in whole or products or services through
in part, by your acts or omissions or the a. (1) Radio,
acts or omissions of those acting on your (2) Television;
behalf
(3) Billboard,
(1) In the performance of your ongoing (4) Magazine,
operations for the additional
insured(s), or (5) Newspaper,
(2) In connection with "your work" b. The Internet, but only that part of a web
performed for that additional insured site that is about goods, products or
and included within the "products- services for the purposes of inducing the
completed operations hazard", but sale of goods, products or services,or
only if this Coverage Part provides c. Any other publication that is given
coverage for "bodily injury" or widespread public distribution.
"property damage" included within the However, "advertisement"does not include-
"prod operations a. The design, printed material, information
hazard" or images contained in, on or upon the
b. With respect to the insurance afforded to packaging or labeling of any goods or
these additional insureds, this insurance products, or
does not apply to "bodily injury", "property
damage" or "personal an advertising b. An interactive conversation between or
injury" arising out of the rendering of, or among persons through a computer network
the failure to render, any professional 2. "Advertising idea" means any idea for an
architectural, engineering or surveying "advertisement"
services, including 3. "Asbestos hazard" means an exposure or
(1) The preparing, approving, or failure to threat of exposure to the actual or alleged
prepare or approve, maps, shop properties of asbestos and includes the mere
drawings, opinions, reports, surveys, presence of asbestos in any form
field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or
drawings and specifications, or semi-trailer designed for travel on public
(2) Supervisory, inspection, architectural roads, including any attached machinery or
or engineering activities equipment But "auto" does not include
10. Additional Insured — Co-Owner Of Insured
"mobile equipment"
Premises 5. "Bodily injury" means physical.
WHO IS AN INSURED under Section C. is a. Injury,
amended to include as an additional insured b. Sickness;or
the person(s) or Organization(s) shown in the c Disease
Declarations as an Additional Insured — Co-
Owner Of Insured Premises, but only with sustained by a person and, if arising out of the
respect to their liability as co-owner of the above, mental anguish or death at any time
premises shown in the Declarations 6. "Coverage territory" means
Page 20 of 24 Form SS 00 08 04 05
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 ments 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. Stared 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,
"Employee" does not include a "temporary provided the "bodily injury" or "property
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
(1) That indemnifies an architect, (1) Power cranes, shovels, loaders,
engineer or surveyor for injury or diggers or drills, or
damage arising out of. (2) Road construction or resurfacing
(a) Preparing, approving or failing to equipment such as graders, scrapers
prepare or approve maps, shop or rollers,
drawings, opinions, reports, e. Vehicles not described in a., b., c., or d.
surveys, field orders, change above that are not self-propelled and are
orders, designs or drawings and maintained primarily to provide mobility to
specifications, or permanently attached equipment of the
(b) Giving directions or instructions, following types
or failing to give them, if that is the (1) Air compressors, pumps and
primary cause of the injury or generators, including spraying,
damage, or welding, building cleaning,
(2) Under which the insured, if an geophysical exploration, lighting and
architect, engineer or surveyor, well servicing equipment, or
assumes liability for an injury or (2) Cherry pickers and similar devices
damage arising out of the insured's used to raise or lower workers,
rendering or failure to render
professional services, including those f. Vehicles not described a., c., or d.
listed in (1) above and supervisory, above maintained primarily
ily forr purposes
inspection, architectural or other than the transportation of persons or
engineering activities cargo
13. "Leased worker" means a person leased to However, self-propelled vehicles with the
you by a labor leasing firm under an following types of permanently attached
agreement between you and the labor leasing equipment are not "mobile equipment" but
firm, to perform duties related to the conduct of will be considered "autos"
your business "Leased worker" does not (1) Equipment, of at least 1,000 pounds
include a "temporary worker" gross vehicle weight, designed
14 "Loading or unloading" means the handling of primarily for
property (a) Snow removal,
a. After it is moved from the place where it is (b) Road maintenance, but not
accepted for movement into or onto an construction or resurfacing, or
aircraft, watercraft or"auto", (c) Street cleaning,
b. While it is in or on an aircraft, watercraft or (2) Cherry pickers and similar devices
"auto", or mounted on automobile or truck
c. While it is being moved from an aircraft, chassis and used to raise or lower
watercraft or"auto" to the place where it is workers, and
finally delivered, (3) Air compressors, pumps and
but "loading or unloading" does not include the generators, including spraying,
movement of property by means of a mechanical welding, building cleaning,
device, other than a hand truck, that is not geophysical exploration, lighting and
attached to the aircraft,watercraft or"auto" well servicing equipment
15. "Mobile equipment" means any of the following 16. "Occurrence" means an accident, including
types of land vehicles, including any attached continuous or repeated exposure to substantially
machinery or equipment. the same general harmful conditions
a. Bulldozers, farm machinery, forklifts and 17. "Personal and advertising injury"means injury,
other vehicles designed for use principally including consequential "bodily injury", arising
off public roads, out of one or more of the following offenses
b. Vehicles maintained for use solely on or a. False arrest, detention or imprisonment,
next to premises you own or rent, b. Malicious prosecution,
C. Vehicles that travel on crawler treads,
d. Vehicles, whether self-propelled or not, on
which are permanently mounted.
Page 22 of 24 Form SS 00 08 04 05
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
BUSINESS LIABILITY COVERAGE FORM
b. Donates his or her work; (2) The providing of or failure to provide
c. Acts at the direction of and within the warnings or instructions
scope of duties determined by you, and c. Does not include vending machines or
d. Is not paid a fee, salary or other other property rented to or located for the
compensation by you or anyone else for use of others but not sold
their work performed for you 25 "Your work"
24. "Your product' a. Means
a. Means (1) Work or operations performed by you
(1) Any goods or products, other than real or on your behalf, and
property, manufactured, sold, handled, (2) Materials, parts or equipment
distributed or disposed of by furnished in connection with such work
(a) You, or operations
(b) Others trading under your name, b. Includes
or (1) Warranties or representations made at
(c) A person or organization whose any time with respect to the fitness,
business or assets you have quality, durability, performance or use
acquired, and of"your work", and
(2) Containers (other than vehicles), (2) The providing of or failure to provide
materials, parts or equipment warnings or instructions
furnished in connection with such
goods or products
b. Includes
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of"your product', and
Page 24 of 24 Form SS 00 08 04 05
Bona No. LAX 711260
v K1tNT PAYMENT AND PERFORMANCE BOND
TO CITY OF KENT
KNOW ALL MEN BY THESE PRESENTS:
That we, the undersigned, NETServices, LLC
as Principal, and Amrican Safety Casualty Insurance Ccarpany
a Corporation existing under the laws of the State of Washington, as a Surety
Corporation, and qualified under the laws of the State of Washington to become
Surety upon bonds of Contractors with Municipal Corporations, as Surety, are jointly
and severally held and firmly bound to the CITY OF KENT in the penal sum of $ 99,918.75
together with any adjustments, up or down, in the total contract price because of
changes in the contract work, for the payment of which sum on demand we bind
ourselves and our successors, heirs, administrators or personal representatives, as the
case may be.
This obligation is entered into in pursuance of the statutes of the State of
Washington, and the Codes and Ordinances of the CITY OF KENT.
Nevertheless, the conditions of the above obligation are such that:
WHEREAS, under and pursuant to a motion, duly made, seconded and passed
by the City Council of the City of Kent, King County, Washington, the Mayor of the City
of Kent has let or is about to let to the above bounden Principal, a certain contract, the
said contract providing for construction of Riverbend Golf C rplex - Kent, [on
Golf Barrier Netting Replacement #5684-Rl
(which contract is referred to herein and is made a part hereof as though attached
hereto), and
WHEREAS, the Principal has accepted, or is about to accept, the contract, and
undertake to perform the work therein provided for in the manner and within the time
set forth:
NOW, THEREFORE, for non-FHWA projects only, if the Principal shall faithfully
perform all the provisions of said contract in the manner and within the time herein
set forth, or within such extensions of time as may be granted under the said contract,
and shall pay all laborers, mechanics, subcontractors and material men, and all
persons who shall supply the Principal or subcontractors with provisions and supplies
for the carrying on of said work and shall indemnify and hold the CITY OF KENT
harmless from any damage or expense by reason of failure of performance as
specified in said contract or from defects appearing or developing in the material or
workmanship provided or performed under said contract, then and in that event this
obligation shall be void; but otherwise it shall be and remain in full force and effect.
IN WITNESS WHEREOF, the above bounden parties have executed this
instrument under their separate seals. The name and corporate seal (if required by
PAYMENT AND PERFORMANCE BOND
Page 1 of 2
law) of each corporate party is hereto affixed and duly signed by its undersigned
representatives pursuant to authority of its governing body.
TWO WITNESSES: NETServices, LLC
PRINCIPAL (enter principal's name above)
( ri
By: BY: i
A'lAfJAC-.TNc- / 4jo-fj�,? TITLE: M4r►4G %nJl- Mi MI L_
DATE:�Z�Z7z7 v/ _ DATE: -7 ZU� Z
By: / ' < CORPORATE SEAL:
Richard A. Fix
PRINT NAME
American Safety Casualty
DATE: 2-24-2012 Insurance Company
SURETY
CORPORATE SEAL: BY:
Chris A. Fix
DATE: 2-24-2012
TITLE: Attorney--in-Fact
ADDRESS:C/oCB&MS of va., INC.
PO Box 75715 - Seattle, WA 98175
CERTIFICATE AS TO CORPORATE SEAL
I hereby certify that I am the (Assistant) Secretary of the Corporation named as
Principal In the within Bond; that
Who signed the said bond on behalf of the Principal
Of the said Corporation; that I know his signature thereto is genuine, and that said
Bond was duly signed, sealed, and attested for and In behalf of said Corporation by
authority of its governing body.
SECRETARY OR ASSISTANT SECRETARY
P\Civl\Forms\Contracts,Releases\ItentNetContrac -FINALS\PaymentPertormanmBond Aoc
PAYMENT AND PERFORMANCE BOND
Page 2 of 2
NUMBER
LAX-700523
t , -
AMERICANSAfFIYINSURANCE POWER OF ATTORNEY''
1"
KNOW ALL MEN BY THESE PRESENTS,that Americaan Safety Casualty Insurance Company has made, constituted and appointed,and by these
presents does make,constitute and appoints NICHOLAS B FIX, RICHARD A FIX, CHRIS A FIX, CHRISTINE V FELICETTY OF
SEATTLE,WASHINGTON
Its true and lawful attorney-to-fact3`fbr it and its name,place,and stead to execute on behalf of the said Company,as surety,bonds,undertaking and
contracts of suretyship to be given,to
ALL OBLIGEES
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of
***ONE MILLION**'($1,000,000.00) DOLLARS***
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board"14
Directors of the Company of the 6tb day of August,2009
RESOLVED,that the President in conjunction with the Secretary or"any Assistant Secretary may appoint attorneys-in-fact or agents with authority as
defined or limited in the Instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the
seal of the Company to bands, undertakings, recognizances,and suretyship obligations of all kinds,and said officers may remove any such attorney-in-
fact or agent and revoKe any power of attorney previously gramea to such persons
,RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the company-id n
(Q when signed by the President or any Vice-President and attested and sealed (if a seal is required)by any Secretary or Assistant Secretary or(it)
when signed by the President or any Vice-President or Secretary or Assistant Secretary,and counter-signed and sealed(if a seal is required)by a duly
authorized attorney-m-fact or agent, or(in)when duly executed and sealed(if a seal is required)by one or more attorney-in-fact or agents pursuant to
and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons
10M, RESOLVED FURTHER,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile 6 ariy'power of attorney .,€'€[J(i(➢
or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance,or other suretyship obligations of the Company,
and such signature and seal when so used shall have the same force and effects as though manually affixed
IN WITNESS WHEREOF,American Safety Casualty Insurance Company has caused its official seal to be hereunto affixed,and these presents to be
signed by its President and attested by its Secretary this 6 h day of August,2009
_"�,
C,111�1
-� i"r`.
,tAmbu7 Jam �— _� _ t � Joseph D.Sco r
01
'STATE OF GEORGIA j yi Nllli
COUNTY OF COBB
P On this 6"day of August,2009,before me personally came Joseph D.Scotto,Jr,to me known,who, being by me duty sworn,did 4pose and say that
he is the President of American Safety Casualty Insurance Company,the corporation described in and which executed the above instrument, that he
knows the seal of the said corporation,trial the seat affixeo to me said instrument is such corporate seal,that is was so affixed by order of the Board of
Directgrs of said corporation and that he signed his name thersto„py like order
JAMIeAay
y Pubw.NOC ,,OA
t� MV 00m11146lon Wr"Avg� 11202
Jami flailey, Notary Public
I,the undersigned, Secretary of American Safety Casualty Insurance Company, an Oklahoma corporation, DO HEREBY CERTIFY,that the foregoing
and attached Power of Attorney remains:id full force and has not'Apen revoked,and furthermore that the Resolution of the Board of Directors,set fprth
in the said Power of Attorney,is now in fob
Signed and sealed in the Giy of Atlanta,in the State of Georgia Dated this2A of February 2012
.- Ambty Jain
ORIGINAI ,T PHIS POWER OF ATTORN, ARE PRINTED,WITH REDNUMERICAL NI dS ,,11311j31 ,,
DUPLICAIES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUlED IN CONJUNCTION WITH THE ORIGINAL
tin �
REQUEST FOR MAYOR'S SIGNATURE
KENT Please Fill in All Applicable Boxes
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: Pete Petersen Phone (Originator): x5190
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, LLC DATE OF COUNCIL APPROVAL: 02/07/12
Brief Explanation of Document:
Contract is with NETServices for emergency repair of netting at Riverbend Golf Complex due to
storm damage. Confirmed in Resolution 1854, waiving competitive bidding procedure for the
replacement of netting at the Riverbend Driving Range.
All Contracts Must Be Routed Through The Law Department
(This area to be completed by the Law Department)
Received: °: � `L;
Approval of Law Dept.: MAR Q 12012
Law Dept. Comments:
Date Forwarded to Mayor: f I
112,
I
Shaded Areas To Be Completed By Administration Staff
Received:
r�
a
Recommendations and Comments:
Disposition:
CM CLC'.r,
Date Returned: