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HomeMy WebLinkAboutPK12-066 - Original - Rushton Brothers, LLC - Kent Municipal Court Remodel - 03/23/2012 * t-, Records Ma - emen KENT -AIR- Document WASHINGTON LAM 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: Rushton Brothers, LLC Vendor Number: 431022 JD Edwards Number Contract Number: pia-n & This is assigned by City Clerk's Office G Project Name: Kent Municipal Court Remodel Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 3/21 Termination Date: 5/21 Contract Renewal Notice (Days): 90 Days Number of days required notice for termination or renewal or amendment Contract Manager: Alex Ackley Department: Parks/Facilities Detail: (i.e. address, location, parcel number, tax id, etc.): 1220 Central Ave S Kent C- n" �J 9 S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT W/SHINOTO. GOODS & SERVICES AGREEMENT between the City of Kent and Rushton Brothers, LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Rushton Brothers, LLC organized under the laws of the State of Washington, located and doing business at PO Box 731315, Puyallup, Wa., 253-381- 5315 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: Furnish Casework per Proposal dated February 22, 2012 for Kent Municipal Court located at 1220 Central Ave S, Kent. Proposal is attached as Exhibit A. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by June 30, 2012. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $28,508.33, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: (-.Cl(,)nq RI SFR1/Tr FS AC:RFFMFNT - 1 .m; i 50% due upon approval 50% net 30 all case work Is installed I If the City objects to all or any portion of an Invoice, it shall notify Vendor and reserves ` the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. i A. Defective or Unauthorized Work. The City reserves Its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that Is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an Independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, rncludrng WSST) E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on f the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, i materials or services to be provided during the performance of this Agreement. If the Vendor i determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have I known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the i Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor falls to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall Include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY GOODS &SERVICES AGREEMENT- 3 (Over$10,000.00, including WSST) 3 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 Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to GOODS &SERVICES AGREEMENT- 4 (Over$10,000.00, including WSST) correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs Incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the i employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. i The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. GOODS &SERVICES AGREEMENT- 5 (Over$10,000.00, including WSST) i XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering In any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS &SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. I IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. i I VENDOR: CITY OF KENT: By: T. By: (signatu (signature) Print Name; P ' t Na Suzette Cooke Its I Mayor ltle) DATE: Z_,I �a DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Joe Rushton Rosalie Givens, Facilities Assistant Rushton Brothers, LLC City of Kent PO Box 731315 220 Fourth Avenue South Puyallup, Wa. 98373 Kent, WA 98032 253-381-5315 (telephone) (253) 856-5083 (telephone) 253-220-5547 (facsimile) (253) 856-6080 (facsimile) APPR ED A TO FOR � ) Kent Law Departmen pjo* .*M* GOODS & SERVICES AGREEMENT- 7 (Over$10,000.00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the i directives outlines, it will be considered a breach of contract and it will be at the City's sole i 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 kv,\ day of 2AW AA VU 20-0. By:For: G. - 'C` Title: hitroa q nq nizehl,bt/✓ Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 1 I SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 i CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 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 I 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 of 3 { �¢.�y�jyr RushtonBrothers, 0 SAL ATTENTION: City of Kent Facilities }ATE: 2-22-2012 CONTACT: David Clark OFFICE# 253-351-8877 FAX # 253-804-6566 PROJECT LQCATIQN: Kent Murucipal Court Iutenor Remodel I224 South Central Kent,WA 98032 PROJECT: Kent Municipat Court Interior Remodel INVOICE NUMBER: 13011201 REFERENCE DESCRIPTION C(IST ADDENDUM # P-LAM UPPER& LOWER CABINETS,P-LAM COUNTERTOPS, $ 25,500 001 CAB-1 &ALL OTHER ITEMS AND CASEWORK PER PLANS DATED 1/9/12. RECEPTION ALT./ P-LAM LOWER CABINET Door and Drawer Faces at Probation Desk/ $ 535.00 PROBATION DESK Reception Alt (Cabinet Run=88 7/8"long x 24"Deep x 42"High) SUB-TOTAL: $ 26,035.00 SALES TAx: 9.5% $ 2,47333 TOTAL INVOICE: 50% DUE UPON APPROVAL $ 28,508.33 Pmprnai iVtay be sutn�,£fa,'lr,iGtlort ing 1'ti,iutrn StntE^N l ci<tl saties 1'ax,Asiy stem ato:k5t�tl rlbr�tr',Bd ,t irg.73ttcktnj>i> 7rW«1f CAunfrr Suppnrlc{Surfate A4nn,ilerl l3ra.Mt are Frorutd),17eurr:,Wa,idint>s,Re-tste�,Casusg,5luntltn��`�Rasnnsn,2 i i tin{tlnG noted abon,) PLEASE MAKE CHECKS PAYABLE TO: RUSHTON BROTHERS, LLC PLEASE SIGN & DATE BELOW TO ACCEPT THIS PROPOSAL: AUTHORIZED AGENT DATE ADDRESS:PO BOX 731315 Puyallup,WA 98373 LICENSE #RUSHTBL905KL PHONE: (253)381-5315 E-MAIL: ioeCalruslitonbrothers.eom FAX: (253)220-5547 4 6 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS insurance The Contractor shall procure and maintain for the duration of the Agreement, ---- ---insur-anee-a-gainst claiFns-for--in�ur-ies-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. Mini€num Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent Lability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising in;ury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85, The City shall be named as an Insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minirnum amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined sngle limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. Y e EXHIBIT B (Continued ) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance_ _ 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. Z. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The • City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall- also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. I E. Verification of Coverage II ' 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. .dCC�R/7� CERTIFICATE OF LIABILITY INSURANCE DATE /YYYY) �--� D2/1 11011 Dtt 2 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 endorsement(s) PRODUCER CONTACT NAME Todd Comer Belltown Insurance Group,Inc PHONE (206)443 7744 F Na (206)443 8335 2133 3rd Ave#106 pp RILE todd@bigseattle com Seattle,WA 98121 INSURERS AFFORDING COVERAGE NAIC# Phone (888)443-7744 Fax (206)443-8335 INSURER A Contractors Bonding&Insurance Company(CBIC) INSURED INSURER B Rushton Brothers INSURER C 13804 74th AVE CT E INSURER D Puyallup,WA 98373 206 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 CONTRACTOR 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 ILTR TYPE OF INSURANCE NOD UBSR D POLICY NUMBER POLICY EFF POLICY M D/YEYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,I)MOOD OO COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 300,00000 PREMISES(Fa occurrence $ A ❑❑ ❑ CLAIMS-MADE ❑ OCCUR C11S16089 05/01/2011 0510112012 MEDEXP(Any one person $ 5,00000 PERSONAL&ADV INJURY $ 1,000,000 00 ❑ GENERAL AGGREGATE S 2,000 000 00 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS-COM/OP AGG $ 2,000,000 DO ❑ POLICY I PRO- L LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident It ❑ ANY AUTO BODILY INJURY(Derperson) $ ALL OWNED❑ SCHEDULED AUTOS BODILY INJURY(Per accident $ ❑ AUTOS NON-GINNED PROPERTY DAMAGE $ ❑ HIRED AUTOS ❑ AUTOS Per accident ❑ $ ❑ UMBRELLA LIAB ❑OCCUR EACH OCCURRENCE $ ❑ EXCESS LIAB ❑CLAIMS-MADE AGGREGATE 5 ❑ DED ❑ RETENTION$ $ WORKERS COMPENSATION E WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN C T RV LIMITS ❑ER ANY PROPRIETORIPARTNERIEXECUTIVE E L EACH ACCIDENT $ OFRCERIMEMBER EXCLUDED? ❑ NIA (Mandatory In NH) EL DISEASE-EA EMPLOYE $ Ifyyes describe under DESCRIPTIGN OF OPERATIONS below E L DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required( RE Kent Municipal Court Project j The City of Kent is Additional Insured under General Liability,per form CGBL 20 37 0111- "Owners Lessees and Contractors-Your Work-Including Products and Completed Operation Hazard When Required By Contract" This endorsement includes Primary and Non-contnbutory wording and a a Per Project Aggregate Limit for this particular job a Waiver of Subrogation applies for General Liability only CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Kent THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS Attn Rosalie Givens,Facilities Assistant 220 Fourth AVE S AUTHORIZED REPRESENTATIVE Seattle,WA 98032 @ 1988-2010 ACORD CORPORATION All rights reserved. ACORD 25(2010/05)OF The ACORD name and logo are registered marks of ACORD State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Payment Receipt Your payment has been processed and your form has been submitted. Transaction Id 3280398370003337590888 Form Filed Intent Form Id 498644 Billing Joseph Rushton Information PO BOX 731315 Puyallup,WA 98373 Card Number VISA Amount Billed $40.00 Contractors Bonding & Insurance Company ADDITIONAL INSURED SCHEDULE POLICY NUMBER. C11SI6089 AGENT# 21273 RUSHTON BROTHERS LLC BELLTOWN INSURANCE GROUP,INC 13804 74TH AVE CT E 2133 3RD AVE #106 PUYALLUP, WA 98373 SEATTLE, WA 98121 Additional Insured CITY OF DES MOINES �I 21630 11TH AVE STE A DES MOINES, WA 98198 CBGL0051 - Liability Additional Insured J CITY OF KENT 1220 SOUTH CENTRAL KENT, WA 98032 CBGL2037 - Liability LOC. OF PRO]: KENT MUNICIPAL COURT, 1220 SOUTH CENTRAL, KENT, WA I f i Page 1 of 1 I i i POLICY NUMBER ClIS16089 COMMERCIAL GENERAL LIABILITY CG 26 03 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE I Designated Construction Projects KENT MUNICIPAL COURT 1220 SOUTH CENTRAL KENT, WA 96032 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) A. For all sums which the insured becomes legally d. The limits shown in the Declarations for Each obligated to pay as damages caused by Occurrence, Fire Damage and Medical Ex- "occurrences" under COVERAGE A (SECTION pense continue to apply However, instead of 1), and for all medical expenses caused by acci- being subject to the General Aggregate Limit dents under COVERAGE C (SECTION 1), which shown in the Declarations, such limits will be can be attributed only to ongoing operations at a subject to the applicable Designated Con- single designated construction project shown in struction Project General Aggregate Limit the Schedule above B. For all sums which the insured becomes legally 1. A separate Designated Construction Project obligated to pay as damages caused by General Aggregate Limit applies to each "occurrences" under COVERAGE A (SECTION designated construction project, and that limit 1), and for all medical expenses caused by acci- is equal to the amount of the General Aggre- dents under COVERAGE C (SECTION 1), which gate Limit shown in the Declarations cannot be attributed only to ongoing operations 2. The Designated Construction Project General at a single designated construction project shown Aggregate Limit is the most we will pay for in the Schedule above the sum of all damages under COVERAGE 1. Any payments made under COVERAGE A A,except damages because of"bodily injury" for damages or under COVERAGE C for or "property damage" included in the medical expenses shall reduce the amount "products-completed operations hazard", and available under the General Aggregate Limit for medical expenses under COVERAGE C or the Products-Completed Operations Ag- regardless of the number of gregate Limit, whichever is applicable, and a. Insureds, 2. Such payments shall not reduce any Desig- b. Claims made or"suits*brought, or nated Construction Project General Aggre- gate Limit c. Persons or organizations making claims or bunging"scats", C. When coverage for liability ansing out of the "products-completed operations hazard" is pro- 3. Any payments made under COVERAGE A vided, any payments for damages because of for damages or under COVERAGE C for "bodily injury' or 'property damage" included in medical expenses shall reduce the Desig- the "products-completed operations hazard" will nated Construction Project General Aggre- reduce the Products-Completed Operations Ag- gate Limit for that designated construction gregate Limit, and not reduce the General Ag- project Such payments shall not reduce the gregate Limit nor the Designated Construction General Aggregate Limit shown in the Dacia- Project General Aggregate Limit rations nor shall they reduce any other Des- ignated Construction Project General Aggre- gate Limit for any other designated construc- tion project shown in the Schedule above CG 26 03 03 97 Copyright, Insurance Services Office, Inc, 1996 Page 1 of 2 ❑ a The period of time required by the Insured has for a loss we cover written contract or written agreement,or under this Coverage Part by tendering the defense to the insurers b. The expiration date of this policy of ail such other insurance d. With respect to the coverage provided S. If required by the Scheduled Contract, we under this endorsement,the following duties waive the right of recovery we may have are added to Section IV — Commercial against the person(s) or organization(s) General Liability Conditions, paragraph 2. shown in the Schedule for payments we Duties In The Event of Occurrence, make for "bodily injury" or "property Offense,Claim or Suit damage" arising out of "your work on the e. An additional insured under this Scheduled Contract However, such waiver does not apply to payments for liability endorsement will as soon as practicable. apportioned to the additional insured (1) Give written notice of an occurrence 6. Unless otherwise agreed in the Scheduled to us which may result in a claim or Contract, this insurance is excess over any "suit'under this Insurance, other insurance as set forth in the (2) Agree to trigger or activate any other Amendment of Other Insurance Condition insurance which the additional Endorsement to this policy CBGL 20 37 0111 Includes copyrighted material of Page 2 of 2 Insurance Services Office, Ino,with its permission i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - YOUR WORK - INCLUDING PRODUCTS-COMPLETED OPERATIONS HAZARD WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Scheduled Contract for Covered Operations CITY OF KENT KENT MUNICIPAL COURT 1220 SOUTH CENTRAL KENT, NA 98032 Information required to complete this Schedule, if not shown above,will be shown in the Declarations A. WHO IS AN INSURED(Section II) is amended 1. The person or organization is an additional to include as an insured any person(s) or insured only with respect to liability for organization(s) shown in the Schedule whom "bodily injury" or "property damage' you are required to add as an additional / specifically resulting from your sole insured on this policy pursuant to a written J negligence in the performance of 'your contract which is scheduled above and work"for the additional insured which is the which is subject of the Scheduled Contract 1. Valid and legally enforceable, 2. The Limits of Insurance applicable to the 2 Currently in effect or becoming effective additional insured are the lesser of those during the term of this policy,and limits specified in this policy, or those limits you agreed to provide in the Scheduled 3. Executed prior to an "occurrence" Contract resulting in "bodily injury" or "property 3. The coverage provided to the additional damage" insured by this endorsement does not apply B. If agreed in the Scheduled Contract, the to "bodily injury" or "property damage" coverage provided to the additional insured shall arising out of the "products-completed be primary non-contributory to the same extent operations hazard" unless required by the as a named insured on the policy Scheduled Contract When coverage does apply to"bodily injury' or"property damage C. The insurance provided to the additional insured arising out of the "products-completed is limited as follows operations hazard" such coverage will cease at the earliest of the following CBGL 20 37 0111 includes copyrighted material of Page 1 of 2 Insurance Services Office, Inc,with its permission Q. If the applicable designated construction project E. The provisions of Urnts Of insurance(SECTION has been abandoned, delayed, or abandoned pt) not otherwise modified by this endorsement and then restarted or if the authorized contract- shall continue to apply as stipulated ing parties deviate from plans, blueprints, de- signs specifications or timetables, the project will still be deemed to be the same construction project Page 2 of 2 Copyright, Insurance Services Office, Inc, 1996 CG 26 03 03 97 ❑ Givens, Rosalie From: Hills, Chris Sent: Wednesday, March 21, 2012 3.25 PM To: Givens, Rosalie Subject: RE policyDocDetails pdf-Adobe Reader This will be sufficient for the contract I recommend you attach this note from me to the contract,since the original requirement was for $1,000,000 and this is only$100,000 Chris From: Givens, Rosalie Sent: Wednesday, March 21, 2012 3:21 PM To: Hills, Chris Subject: policyDocDetails.pdf- Adobe Reader << File- policyDocDetails.pdf>>This is Rushton's vehicle insurance is it alright?Thanks Rosalie 1 Your Insurance Coverage Summary PROOF OF INSURANCE CARDS ATTACHED BELOW Review your billing notice for more information about your policy renewal. January 23, 2012 +0002741 003-354 0000002741A004035- RUSHTON, DANELLE&JOE AMERICAN FAMILY 13804 74TH AVENUE CT E 3332331111111 PUYALLUP WA 98373-5371 Thank you for continuing to Insure your vehicle with American Family Mutual Insurance Company Your business is Important to us Please review your coverages and limits to make sure they fit your current needs If you have any questions or corrections, please contact me. Sara O'connell Phone (253) 845-3038 E-mail soconnel@amfam.com Policy Number Vehicle Description Renewal Coverage Term 1771-1855-02-83-FPPA-WA 2003 DODGE RAM 1500 QUAD STISLT 2-18-2012 to 8-18-2012 Discounts Applied to Your Premium •Air Bag • Multiple Vehicle •Auto & Home •Good Driver Plus Your Discounts Saved You: $160.90 Please see reverse side for additional information concerning your Policy. IMPORTANT: Some state laws require that you be able to show the proof of insurance cards provided below. • e- AMERICAN FAMILY MUTUAL INSURANCE COMPANY AMERICAN FAMILY MUTUAL INSURANCE COMPANY 6000 American Pkwy . Madison, WI 53783 600D American Pkwy • Madison, WI 53783 CLAIMS 1-800-MYAMFAM(1-800-692-6326) CLAIMS 1-800-MYAMFAM(1.800-692-6326) WASHINGTON MOTOR VEHICLE WASHINGTON MOTOR VEHICLE PROOF OF INSURANCE CARD PROOF OF INSURANCE CARD Policy No 1771-1855-02-83-FPPA-WA Policy No. 1771-1855-02-83-17PPA-WA Effective Date 2-18-2012 Expiration Date 8-18-2012 Effective Date 2-18-2012 Expiration Date 8-18-2012 2003DODGSQI VIN 1D3HU18D73J589445 2003DOOGSQI VIN ID3HU18D73J589445 Coverages BIPD UIM ME COMP COLL JIMPD Coverages BIPD UIM ME COMP COLL UIMPD RUSHTON,DANELLE&JOE RUSHTON, DANELLE&JOE 13804 74TH AVENUE CT E 13804 747H AVENUE CT E PUYALLUP WA 98373-5371 PUYALLUP WA 98373-5371 Agent SaraO'connell Agent Phone (253)845-3038 Agent SaraO'oonnell Agent Phone (253)845-3038 This card must be carried in the insured motor vehicle fnr nrnri inlnn i innn rin.nnnr! w ,�.�. /1--.♦L.-...--J t4.. I. ♦ s-. i Coverage Description Limits Premium Bodily Injury Liability $100,000/300,000 and Property Damage Liability $100,000 13060 Undennsured Motorist Bodily Injury $100,000/300,000 4630 Undennsured Motorist Property Damage $100,000 5700 Death & Dismemberment $20,000 520 Medical Expense $2,000 590 Comprehensive$1,000 Deductible 1650 Collision $1,000 Deductible 4750 Premium For Current Policy Period After Discounts $309.00 Premium For Previous Policy Period $293.40 Difference $15.60+ Minnesota Policyholders Only: Under Minnesota law, failure to provide proof of insurance at the request of a law enforcement official or within 14 days Is a misdemeanor punishable by a $700 fine and/or 90 days in jail, and revocation of driving privileges, Remove and save for future reference . . Remove and place in your vehicle . IMPORTANT INFORMATION IMPORTANT INFORMATION Examine Policy exclusions carefully This form does not constitute any part Examine Policy exmusions carefully This form does not constitute any part of your insurance policy or pond it this is a "Basic Car Policv' or of your insurance policy or bond If this s a "Basic Car Policy' or 'MIscel,anaous Vehicle Policy'it may not provide coverage Tor vehicles you "Miscellaneous Vehicle Policy"it may not crovide coverage for vehicles you do not own Except in Kansas,this policy does not provide coverage if the do not own Except in Kansas,this pol cy does not provide coverage if the operator is an excluded person operator s an excluded person If you carry To coverages requireo by state law, the limits represented by If you carry the coverages required by state law,the limits represented by this card meet or exceed the minimum financial responsibility requirements this card meet or exceed the minimum financial responsibility requirements If you do not carry or it you discontinue the required coverages,this card is If you do not carry or if you discontinue the required coverages this card is not valid not valid ARIZONA POLICYHOLDERS Cove,age meets the emits required by law ARIZONA POLICYHOLDERS Coverage meets the limits required by law Arizona law requ res evidence or insurance be in the vehicle at all times Arizona law requires ev,dence of insu•ance be in the vehicle at all times GEORGIA POLICYHOLDERS The curren'status of acruai motor vehicle GEORGiA POLICYHOLDERS The current status of actoa motor vehicle liability insurance coverage is martained by the GA DMVS and is liability ns.irance coverage is maintained by the GA DMVS and is accessmie to law, enforcement agencies upon a check of the vehicle access,ide to law enforcement agencies upon a check of the vehicle ' information information NOTE Ths card is issued solely to satisfy the terms of the law in your NOTE, This card is issued solely to satisfy the terms of the law in your store The policy term shown is subject to the insu,ed's compliance with state The policy term shown is suolect to the insured's compliance with general policy provisions general policy provisions KEEP THIS CARD IN YOUR MOTOR VEHICLE WHILE IN KEEP THIS CARD IN YOUR MOTOR VEHICLE WHILE iN OPERATION OPERATION. U-339 Ed 12108 11.149 Fd 19/nA 'li bF=ri_ r"r �•r� BUSINESS LICENSE yil � r WASHING'fCIN cry Unified Business ID #: 602 921 232 + : r Domestic Limited Liability Company Business ID #: 1 Location: 1 RUSHTON BROTHERS, LLC A4, RB CONSTRUCTION SERVICES 13804 74TH AVENUE CT E i++ h PUYALLUP WA 98373 5371 TAX REGISTRATION J INDUSTRIAL INSURANCE ty' j UNEMPLOYMENT INSURANCE LICENSING RESTRICTIONS: 'r Not licensed to hire persons under age 18 at this location. ik r REGISTERED TRADE NAMES: g RB CONSTRUCTION SERVICES ;_ 1117 �,7n IIIII i , i }}R1 7 €�S� ��rE ii t j4 r �'r 119 ,d"t Thrs eiacament lists the regist.ativns, enr;va ement<, and licenses author'rzpd fvr the!rosiness razz�cef uE) w..t.,of girth,s;thr rneaza4 mnt,the lrretr r e ceetot-L the rnfarn:ativn an[he apg@reatron y,' .rs anzlaieta. «rye,aat 3 a s r kr der the:etit czl h:s:Fr S cz fsnowfedge,and that husine s will "�,�, <_ardutaes'•-n ca.xx,r?'sand wrtFs�i!,�I,I>hezhts<54 as�`iegCvsz cf,�ntc,eot n and tits re lulat10m. rr t€wr Bepariniens of Re^.ettee a-, ;"A .`-w.: - -- - �`=�'srµ':.'�A�--=,:rn,^-?--5�,-`--•-'-�'—r*�'— .-�r.._,:. :t.�•i.dau, -fsi, ., o_..,w,+_vzc..�.w n...:..rt....".. `�.:m's�+::;7F F , je ��'--- - -'.`- -..w.�=:�«=,tom.- •-._=,---�-_- , - 3 Y tsar J � tip.+ �y °1 zC) R � p � n � my f N c w xy LA O C' h w } REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUG 7Reviewed W DEPARTMENT) by Parks Director Originator: Rosalie Givens Phone (Originator): 5 Date Sent: 3/20/2012 Date Required: 3/21/2012 Return Signed Document to: Rosalie CONTRACT TERMINATION DATE: 90 Days Written notice VENDOR NAME: Rushton Brothers,LLC DATE OF COUNCIL APPROVAL: 3/20/2012 Brief Explanation of Document: The City of Kent purchased the Aukeen District Court in December of 2011. Parks Facilities is renovating the building to accommodate housing the Kent Probation Department and Kent Municipal Court in one location to fully utilize the space. This agreement is for cabinets that are needed for storage in the Clerical areas of Probation and Court. Rushton Brothers was selected through written quote process. This contract was approved at Parks Committee on March 15, 2012 i All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: I fFED \ Approval of Law Dept.: � Law Dept. Comments: BAR 2 4 2012 EINT LAB► D E P T Date Forwarded to Mayor: Shaded Areas To Be Completed By AdministrationrSta � -f1 - ' Received: Recommendations and Comments: CI"Y GF F-`T ^i 7Fil Disposition: 214-511 Z �/J�j �������� Date Returned: `" l ✓� `