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EC12-052 - Original - Ospery Consulting Investments - Reith Road Restoration Project - 04/12/2012
Records Ma,nagemen KENT was„,NGZOH Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact City Clerks Office. Vendor Name: Osprey Consulting Investments Vendor Number: r JD Edwards Number Contract Number: This is assigned by Deputy City Clerk Description: Reith Road Restoration Project Detail: Project Name: Reith Road Restoration Proiect Contract Effective Date: Termination Date: 4/30/2012 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Andrea Jedel Department: ECD Abstract: S.Public\RecordsManagement\Forms\ContractCover\ADCL7832 07/02 a KENT PUBLIC WORKS AGREEMENT between City of Kent and Ospery Consulting Investments THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Ospery Consulting Investments organized under the laws of the State of Washington, located and doing business at 26550 S E 354t" PI , Black Diamond, WA 98010, (206) 510-5563, Randy Webber (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: Contractor will be providing a method of getting the planting material up the slope and minimizing damage to slope while providing a traffic control plan and erosion control downstream of the work area in accordance with their Scope of Work referred and attached as Exhibit A. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I by April 30, 2012. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed $12,000.00, 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. 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. PUBLIC WORKS AGREEMENT - 1 (Over$1OK, under$50K, and Performance Bond) B. Retains e. The City shall hold back a retains e in the amount of five percent a y 9 (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. 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$IOK, under$50K, and Performance Bond) a D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal 9 9 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 Contractors failure to make full and payment to subcontractors prompt or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change PUBLIC WORKS AGREEMENT - 3 (Over$10K, under$50K, and Performance Bond) 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. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. PUBLIC WORKS AGREEMENT - 4 (Over$1OK, under$50K, and Performance Bond) 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. 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 PUBLIC WORKS AGREEMENT - 5 (Over$10K, under$50K, and Performance Bond) 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 relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. { PUBLIC WORKS AGREEMENT - 6 (Over$1OK, under$50K, and Performance Bond) 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$10K, 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:��/ �0� By: sf at re) (signature) Print Name: wenb-tr-- Prin Na zette Cooke Its Its a or (title) DATE: �i ' �f — / a DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Randy Webber Andrea Jedel, Wetland Ecologist Ospery Consulting Investments City of Kent 26550 S.E. 354" PL. 220 Fourth Avenue South Black Diamond, WA 98010 Kent, WA 98032 (206) 510-5563 (telephone) (253) 856-5556 (telephone) (facsimile) (253) 856-6454 (facsimile) APPROVED AS TO F RM: c Kent Law Departmen [In this field,you may enter the electronic Poepath where the contract has been saved] PUBLIC WORKS AGREEMENT - 8 (Over$1OK, under$50K, and Performance Bond) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of /� c��f�! 20/-Z . By: I (� Title: ©t emu p� Date: `f — EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 d CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 120 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Exhibit A Scope of Work d Osprey Consulting Investments Randy Webber, 18215 72nd Avenue South, Kent, WA 98032 (425) 251-6222 - Phone, (425) 251-8782 - Fax, 206-510-5563 direct, http•//www.barghausen.com Here is our proposal for the work on Reith Road, which is to provide a method of getting the planting material (2 and 5 gallon trees) up the slope to the planting area, minimizing damage to the slope, provide a traffic control plan, implement and maintain the traffic control plan, provide erosion control downstream of work area and restore the slope/access area. We will be responsible for getting the plants from the base of the slope to the top of slope with our people. The landscapers would use the ramp to access their work on top to minimize damage to slope. We may want the landscape company to sign a hold harmless agreement to limit our liability while they use our ramp to access their work area. We can discuss this at the pre-con. The following numbers are based on the work being completed in one day (see # 6). You had indicated the Landscaper is prepared to provide enough people to complete all the planting in one day, again we can discuss at the pre-con. 1. Mobilize and de-mobilize wood ramp, provide ramp installation and deliver 200, 2 and 5 gallon potted trees from base of ramp at Reith Rd. to top of slope. Loading of plants at the base of ramp and unloading the plants at the top of ramp by others (landscapers). $1545.00 2. Traffic Control; close one lane of Reith Rd. using traffic barrels, cones and one Flagger where traffic is diverted to one lane. $1155.00 3. Erosion Control, provide silt sacs in CB's as needed downstream of work area, seed and mulch any disturbed area on slope. $1215 00 4. Foreman, Laborers and Service truck with tools. $2230.00 5. Project Coordination and Supervision, meet and coordinate with Landscaper. $2310.00 6. Option, Second day Traffic Control/Mobilization/Labor/ if work is not completed in one day will be billed at the rate of $595.00 per hour. 7. Insurance for one year $1175.00 8. Extra Cost for prevailing wage $960.00 9. Payment will be a one-time payment by invoice. Payable after final walk through and acceptance. Total (less # 6)------------ $10,590.00 + Tax $1037.82 = $11,627.82 i EXHIBIT B INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an Additional Insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. All endorsements adding Additional Insureds shall be issued on form CG 20 10 11 85 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section. 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 minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any EXHIBIT B (Continued) E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. G. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. -�1 OCI-001 OP ID: DO ,acoRo CERTIFICATE OF LIABILITY INSURANCE OAT 03128 D/YYYV) 03128l12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements) PRODUCER 425-822-1368 NAMEACT Derel nn Williams Griffin MacLean,Inc 425-822-2737 PHONE 425-822-1368 FAX 2300 130th Ave NE A203 A/C,No E:t we No 425-822-2737 Bellevue,WA 98005 E MAIL Derelynn Williams ADDREss derelynn@griff nmaclean.com INSURERS)AFFORDING COVERAGE NAIC p INSURERA Ohio Securit Ins Co. INSURED Osprey Consulting INSURER Financial Indemnity Investments Inc INSURER C Ohio Casualty Group 26550 SE 354th PL Black Diamond,WA 98010 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE DDL UB POLICY NUMBER MML ICY EFF POLICY EXP LTR DD/YYYV) (MM/DDIYYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 DAMAGE TO RENTE A X COMMERCIAL GENERAL LIABILITY BKS63155007 11/24/11 11/24/12 PREMISES Ea occurrence $ 1,000,00 CLAIMS-MADE O OCCUR MED EXP(Any one person) $ 15,00 PERSONAL&ADV I NJ URY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,00 POLICY X PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1 000,00 Ea accident $ , B ANY AUTO FCFICA7855292 01/13/12 01/13/13 BODILY INJURY(Per person) $ ALLOWNED SCHEDULED AUTOS X AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accdent UMBRELLA LIAR OCCUR ; EACH OCCURRENCE $ 2,000,000 C X EXCESS LIAB CLAIMS-MADE ESO 53155007 03116M2 11124112 AGGREGATE $ 2,000,00 DED X I RETENTION$ 10,000 $ WORKERS COMPENSATION WC STATU-YIN X OTH- AND EMPLOYERS'LIABILITY T RY IMITER A iANYPROPRIETOR/PARTNER/EXECUTIVE BKS53155007 11124/11 11/24/12 EL EACH ACCIDENT $ 1,000,00 OFFICERIMEMBER EXCLUDED? NIA (Mandatory m NH) E L DISEASE-EA EMPLOYEEI $ 1,000,00 if yes describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) RE: REITH ROAD RESTORATION PROJECT CERTIFICATE HOLDER IS AN ADDITIONAL INSURED,IF REQU(IRED IN A WRITTEN(( CONTRACT H NAMED PER FORM CG8810 00PIES AT ATTACHED TH SINSURANCE IS PRIMARY&NON CONTRIB TORYS S 8 WAIVERF SUBROGATION IS INCLUDED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE E EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF KENT CITY 4TH AVE S A CORDANCE WITH THE POLICY PROVISIONS KENT,WA 98032 A hRIZEC REPR ENTA7IVEDW1101IMS WuA V_, ©1 8.201 CORD CORPORATION is reserved. ACORD 25(2010/05) The ACORD name and logo are registered arks of A ORD COMMERCIAL GENERAL LIABILITY CG 85 84 06 05 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED CONTRACTORS PRODUCTS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Name of Additional Insured Person(s) or Organization(s): CITY OF KENT 220 4TH AVE S KENT, WA98032 Location And Description of Completed Operations: RE: REITH ROAD RESTORATION PROJECT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 -Who is An Insured is amended to include as an additional Insured the person(s)or organization(s) shown in the Schedule whom you have agreed to add as an additional Insured in a written contract or written agreement for damages caused by"your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operation hazard B. The following additional provisions apply to the additional insured; 1. When the named Insured is required to add an additional Insured on this policy under a written contract or written agreement; the written contract or written agreement must be. a. Currently in effect or becoming effective during the term of this policy; b Executed prior to the "bodily injury," or"property damage", and C. Between a named insured and the additional insured 2. That person or organization is an additional insured only for liability arising out of the named insured's negligence specifically resulting from "your work"for the additional insured which is the subject of the written contractor written agreement No coverage applies for any liability due to negligence attributable to any person or entity other than the Named Insured BKS53155007 CG 86 84 06 05 Includes Copyrighted Material of ISO Properties, Inc,with its permission. Page 1 of 2 3. The Limits of Insurance applicable to the additional insured are the lesser of- a. Those specified in the written contract or written agreement, or b. Those shown in the Declarations of this policy and defined in Section III-Limits Of Insurance These Limits of Insurance are inclusive of, and not in addition to, the Limits Of Insurance shown in the Declarations and defined in Section III -Limits Of Insurance. 4. The coverage provided by this endorsement does not apply beyond the earlier of the following: a. The period of time required by the written contract or written agreement, or b. The expiration or termination date of this policy 5. The insurance provided to the additional insured does not apply to "Bodily injury," "property damage" or arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including. a. The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and b. Supervisory, inspection, architectural or engineering activities 6. We have no duty to defend or indemnify an additional insured under this endorsement: a. For any liability due to negligence attributable to any person or entity other than the Named Insured b. For any loss which occurs prior to our named insured commencing operations at the location of the loss C. Until we receive written notice of a claim or"suit"from the additional insured as required in Section IV—Conditions, Duties In The Event Of Occurrence, Offense Claim Or Suit. C. Section IV-Conditions are amended as follows. 1. The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit: 1 An additional Insured under this endorsement must comply with all provisions of this section 2. As respects the coverage provided under this endorsement, Paragraph 4.b., Other Insurance is deleted and replaced by the following 4. Other Insurance b. Excess Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless the written contract or agreement described in A. above specifically requires that this insurance be provided on either a primary basis or a primary and noncontributory basis CG 85 84 06 06 Includes Copyrighted Material of ISO Properties, Inc,with its permission Page 2 of 2 • G. ADDITIONAL INSUREDS-BY CONTRACT,AGREEMENT OR PERMIT J 1. Paragraph 2. under Section If-Who Is An Insured is amended to include as an Insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions,or the acts or omissions of those acting on your behalf,In the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily Injury" or "property damage" occurs, or the "per- sonal and advertising Injury" is committed, subsequent to the signing of such written contract or written agreement; or b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This Insurance does not apply to "bodily Injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily Injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own,rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction,erection,or removal of elevators;or (c) The ownership,maintenance,or use of any elevators covered by this Insurance. With respect to Paragraph t.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends, With respects to Paragraph 1.c.above, this Insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The Insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or"property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional Insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV- Commercial General Liability Condi- tions. 02olo Uberty Mutual Insurance Company.All rights reserved. Co Be 10 10 09 includes copyrighted material of Insurance Services Office,Inc.,with its permission. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a.Primary Insurance: If an additional Insured's policy has an Other Insurance provision making its policy excess,and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional Insured's policy for damages we cover. b. The following is added to Paragraph b.Excess Insurance: When a written contract or written agreement, other than a premises lease,facilities rental contract or agreement, an equipment rental or lease contract or agreement,or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured,this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV-Commercial General Liability Conditions,the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the"products-completed operations hazard" provided: 1. You and that person or organization have agreed In writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contractor written agree- ment. PIease Be Advised: The information contained in this form is an excerpt from the referenced insurance policy. Terms,Exclusions and Limitations elsewhere in the policy may affect the coverage provided. An insurance policy must be read in its entirety to determine coverage. 02010 Liberty Mutual Insurance Company.All rights reserved. CG 88 10 10 09 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. PAYMENT AND PERFORMANCE BOND KENO T TO CITY OF KENT Bond#1 CSB0003866 Wr,sy..a ran KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Osprey Consulting Investments Inc as Principal, and Contractor Is Bonding & Insurance Company a Corporation organized and 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 $ 11, 627.82 , 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 Reith Road Restoration Project (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: j 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 law) of each corporate party is hereto affixed and duly signed by its undersigned representatives pursuant to authority of its governing body. T O WITNESSES: Osprey Consulting Investments Inc PRINCIPAL (,entteerprincipal's �name -above) BY: /LUGt_. TITLE: . jDTE: Zb(Z. DATE: .3 ad? C CORPORATE SEAL: Derelyn-n Williams PRINT NAME DATE: 3/28/2012 Contractor' s Insurance & Bonding Cc SURETY / CORPORATE SEAL: BY: Laura orro DATE: 3/38/2012 TITLE: Attorney-In-Fact ADDRESS: 1213 Valley Street Seattle, WA 98109-0271 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 r Contractors Bonding and Insurance Company POWER OF ATTORNEY 1213 Valley Street P o Box Contractors Bonding and Insurance Company Seattle,WAA 98109-0271 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired That Contractors Bonding and Insurance Company,a Washington corporation, does hereby make,constitute and appoint- Laura Morrow.Sonya Tobeck Robert Tobeck Paul Dent Jointly or severally in the City of Bellevue . State of Washington its true and lawful Agent and Attorney in Fact,with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety,the following described bond i Any and all bonds,undertakings,and recognizances in an amount not to exceed Ten Million and 00/100 Dollars 1 $10.000.000.00 )for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of Contractors Bonding and Insurance Company,and now in force to-wit "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings,Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." i IN WITNESS WHEREOF,the Contractors Bonding and Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 6th day of February 2012 ```„qr W AND rgrrrr p S��°i"G •"S� Contractors Bonding and Insurance Company OPPDAgr�°�= SEAL . State of Washington :o°. 1979 ,• Roy C Die Vice President SS rrrr'rrir4aHINGs��,C�`��. County of King CERTIFICATE On this 6th day of February 2012 I, the undersigned officer of Contractors Bonding and Insurance before me, a Notary Public, personally appeared Roy. C. Die who Company a stock corporation of the State of Washington,do hereby being by me duly sworn, acknowledged that he signed the above Power of certify that the attached Power of Attorney is in full force and effect Attorney as the aforesaid officer of the Contractors Bonding and and is irrevocable, and furthermore, that the Resolution of the Insurance Company and acknowledged said instrument to be the voluntary Company as set forth in the Power of Attorney, is now in force In act and deed of said corporation testimony whereof, I have hereunto set my hand and the seal of the Contractors Bonding and Insurance Company this_ 28 day /{ of March , 2012 q.: �.,e&, Contractors Bonding and Insurance Company Joseph B ller Notary Public Note)Public State of Washington Roy C Die Vice President JOSEPH B MULLER MY COMMISSION EXPIRES March 29,2012 W5239032912 A0059511 �e,A Ro,4J Res�o�,� ��o� `T,,q.(V T c, P I,4 n L.t (m.a mr rQ 4 keq d I � ��q G�� 1�ne C{losccl�keQd I i i X ClAl derow � iX C ems �e re MXCon� I x � In �C X I ( - d,a� sir, . xx I i X I I 300 I I � I i II tloke Fenlc�I,4Lr K REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes W AS HI NGTON Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPART4?ENT) Originator. ' Phone (Uiibinator)• /� Date Sent % �Z ��/ Date Required /� Return Signed Document to: CONTRACT TERMINATION DATE: 71lz VENDOR NAME: yjl DATE OF COUNCIL APPROVAL: Brief Explanation of Document: 5 � 7Lo��d�� . /Z-�107r All Contracts Must Be Routed Through the Law Department (This Area to be Completed4y,,i(e Law Department) > Piy-`s�"' •e=D Received: Approval of Law Dept.: APR Q 5 2012 Law Dept Comments- �E Y' �, ET LAW DE Date Forwarded to Mayor- Shaded Areas to Be Completed by Administration Staff Received: Ur Recommendations & Comments 1 ERR I ' Disposition: CITY l� /72 0(-� C CITY OF SENT 'I'Y CLERK Date Returned- i�rie>rr-o • t cos