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HomeMy WebLinkAboutPK12-117 - Original - Rainier Industries, Ltd. - Riverbend Tent Replacement - 04/30/2012 Records M .m yr. gemen . , KENO Document W ASHINGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Rainier Industries, Ltd. Vendor Number: 41230 ID Edwards Number f Contract Number: }2K I o,- 1 1 7/ This Is assigned by City Clerk's Office Project Name: Riverbend Tent Replacement Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment E Contract ❑ Other: Contract Effective Date: 04/17/2012 Termination Date: 06/01/12 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Nancy Clary Department: Parks Administration Detail: (i.e. address, location, parcel number, tax id, etc.): S'Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KEN T WwSHIrvGTON GOODS & SERVICES AGREEMENT between the City of Kent and Rainier Industries, Ltd. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Rainier Industries, Ltd., organized under the laws of the State of Washington, located and doing business at 18375 Olympic Avenue South, Tukwila, WA 98188, 1-800-869-7162, Contact: Casey Brookbush (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: For Riverbend Golf Complex, one 60' x 40' Rainier Lite-Span Canopy Tent, including necessary supplies and installation, as outlined in the attached proposal, dated 2/22/12. 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 45 days from signature of this agreement. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Twenty Seven Thousand, Nine Hundred Thirty Eight and 93/100 ($27,938.93), 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: GOODS & SERVICES AGREEMENT - 1 (Over$10,000.00, including WSST) 50% deposit and all work completed in a given month will be billed for on or before the 10 of the following month and payable within 30 days of receipt of invoice. 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. 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, including 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 the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor 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 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 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 fails 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) 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 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. 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) 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. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: -� CITY OF KENT: By: By: (signature (signature) Print Name: r°L� Pr t Na uzette Cooke Its A I s a or (title) DATE: 4� 2 ` \'z— DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Rainier Industries, Ltd. Pete Petersen, Supt. Riverbend Golf Complex 18375 Olympia Avenue South City of Kent Tukwila, WA 98188 220 Fourth Avenue South caseyb@rainier.com Kent, WA 98032 1-800-869-7162 (telephone) (253) 856-5190 (telephone) [n/a (facsimile) (253) n/a (facsimile) APPROVED M: TOO c t,cti� Kent Law Departm n 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 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 P ` , 20 t L By: s��L�� S� For: ` ' tr `y��v� d �' tl{ LAJ Title: Date: Z \2 EEO COMPLIANCE DOCUMENTS - 1 of 3 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 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 &0 **14 Jk-Z 't <.'� that was entered into on the Z/ Zi (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 1 , 20 L It For: % -e - VS� Title: /N. ��� '" —"\ Z —• Date: 4 / - / Z EEO COMPLIANCE DOCUMENTS - 3 of 3 X� Pf Rainier Industries,Ltd 18375 Olympic Avenue South Tukwila WA 98188 USA www rainier coin caseyb@rainier com To. R D. Pete Petersen Riverbend Golf Complex-City of Kent From: Casey Brookbush 21019 West Meeker Street Date 2/22/12 Kent, WA 98032 Project Riverbend—40x60 tent Ph- (253) 856-5190 rpetetsenLaa ci kent wa us Fax. (253) 856-6190 P R O P O S A L Riverbend Golf Course—Rainier Canopy Tent 1. Rtverbend Canopy tent 60' x 40' Rainier Lite-Span Canopy tent Frame,top, baseplates,ropes.stakes& construction drawings included Framing 6005 T6 custom extruded aluminum with anodized finish Rainier extrusion LS116 eaves&LS127 Rafters& legs Opaque 17oz blockout or translucent 16oz translucent vinyl top. Manufacturing drawings provided for customer review&approval prior to commencement of manufacturing Framing& Top: $19,500 Total Sidewalls: (10)20' sections with windows(matching previous)- $6,350 Total Installation: $2,500 Extended Total: $28,350 City of Kent/Riverbend customer discount: (less 10%) (-2,835) TOTAL: $25,515.00 Extended Sub-Total: $25,515.00 Sales Tax: S2,423.93 Extended Total: $27,938.93 SCHEDULE OF PAYMENT: 50%dcpoSit rLgJM t,d All work completed in a given month will be billed for,on or before,the 10'of the following month and payable within 30 days of receipt of invoice Im'OILCS will be accompanied by a corresponding schedule of values CONDITIONS OF AGREEMENT: 1 Work To Be Done CUSTOMER wants RAINIER INDUSTRIES,LTD to design,fabricate and install product to supply material,and/or furnish labor as described above 2 Payment for Work CUSTOMER agrees to pay RAINIER INDUSTRIES,LTD a 50%deposit upon execution of this Agreement,with balance due upon completion of work and billing to the CUSTOMER Upon completion of a credit application,CUSTOMER may be qualified for terms of Net 30 day on the balance due In the event that payment becomes delinquent CUSTOMER agrees to pay finance charge of]%per month and any associated collection costs,Including reasonable dttomcy fees 3 Acceptance This order shall not become binding upon RAINIER INDUSTRIES,LTD until such time as it is executed by authorized representatives of both the CUSTOMER and RAINIER INDUSTRIES,LTD and not prior to RAINIER INDUSTRIES,LTD receiving a 50%deposit This agreement is only valid if accepted within 60 days of the proposal date 720-01-09 Rev 1—5/16/2008 Page 1 of 2 Environmental Graphics Agreement Rainier Industries,Ltd 18375 Olympic Avenue South Tukwila WA 98188 USA www rainier com 4 Modification of Agreement This Agreement can only be modified in writing,signed by both CUSTOMER and RAINIER INDUSTRIES,LTD and specifically referring to this Agreement by this date There are no other agreements,oral or written(except this Agreement itself),that apply to the work to be performed under this Agreement 5 Right to Remove It CUSTOMER fads to make full and timely payment for the work covered by this Agreement(and any written modifications of it), CUSTOMER agrees that RAINIER INDLSTRIES,LTD can remove product and/or material as described above for whatever salvage value they have,and CUS 1 OMER will receive credit from RAINIER INDUSTRIES,LTD for that salvage value against the unpaid balance of CUSTOMER'S debt to RAINIh R INDUSTRIES,LTD In the event of such removal,RAINIER INDUS7 Rlf S,LTD will take care to return the premises,inasmuch as is reasonably possible,to their condition as of the date of the Agreement 6 Building Permits and I i"nses If the work covered by this Agreement will require a building permit,license from local government authorities,or approval of property owners or tenants,then CUSTOMER is responsible for all costs associated with obtaining permits licenses,or approvals, including any additional engineering required by local government authonacs 7 Change in Scope If during the field survey,permitting or approval process or installation of the products and/or materials described above,the scope of work changes from that estimated by RAIN IER INDUSTRIES,LTD due to factors not known at the time of executmg this Agreement, CUS I OMER is responsible for all additional costs associated with those changes RAINIER INDUSTRIES,LTD shall endeavor,if practical,to inform CUSTOMER of such changes in scope in advance of incurring such additional costs 8 Electrical Service RAINIER INDUS TRIES,LTD is a registcrcd Specialty Electrical Contractor registration number RAINIIL065P1 This license limits RAINIER INDUSTRIES,LTD to connection of our supplied cicctncal wmponents to CUS fOMER'S electrical service at the wall surface where our product and/or material as described above is installed All costs associated with providing electrical service to the wall surface convenient for our connection are the sole responsibility of the CUSTOMER 9 Attorney Fees and Costs If either CUSTOMER or RAINIER INDUSTRIES,LTD incurs attorney fees and/or costs to enforce any part of this Agreement,the substantially prevailing party is entitled to recover those fees and costs from the other party The laws of the State of Washington shall govern any such action NOTICE TO CUSTOMER: The State of Washington(RCW Chapter 18 27)requires all contractors to provide the following information Rainier Industries,Ltd is registered with the State of Washington,registration number RAINIIL066QP,as a specialty contractor,and has posted with the State a bond of$4,000 for the purpose of sdtisly mg claims against the contractor for negligent or improper work or breach of contract in the conduct of the contractor's business This contractor's registration expires on December 31,and is reviewed annually This bond may not be sufficient to cover a claim which might arise from the work done under your contract If any supplier of materials used in your wnstruction project or any employee of the contractor or subcontractor is not paid by the contractor or subcontractor on youryob,your property nhay be liened to force payment it you wish additional protection,you may request the contractor to provide you with original"hen release"documents from each supplier or subcontractor on your project The contractor is required to provide you with further information about lien release documents if requested General Information is also available from the Department of Labor and Industries ACCEPTANCE: Please indicate acceptance of this proposal by signing on the line provided below Authorized Client's Signature Title Date If you have any questions or require additional information, please contact Casey Brookbush at Rainier Industries,Ltd. 800-869- 7162 720-01-09 Rev 1—5/16/2008 Page 2 of 2 Environmental Graphics Agreement a EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which I 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. 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. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The 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. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single 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. EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. 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. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The 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. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single 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. r ...1 RAINI-6 OP ID: 1KJ CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD2YY) 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 206-443-2600 CONTACT NAME Rogers&Norman 206-441-6572 PHONE FAA/C No 1501 4th Avenue,Suite 2400 AIc No Eat Seattle,WA 98101 E-MDREAIL James G Rogers,CPCU,CIC ADSS INSURERS)AFFORDING COVERAGE NAIC N INSURER UNIGARD INSURANCE COMPANY INSURED Rainier Industries,Ltd. INSURER B 18375 Olympic Ave S Tukwila,WA 98188-4724 INSURER C 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 ADM TYPE OF INSURANCE UB POLICY NUMBER MMlDDNYYY MIWDCYDlYYYY LIMITS EXFP LTR N WVD GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X X CM012931 12/31/11 12/31112 DAMAGE 107EK7EI5- PREMISES Ea occurrence $ 100,00 CLAIMS-MADE F_XI OCCUR MED EXP(Any one person) S 5,000 X $1,000 Property PERSONAL&ADV INJURY S 1,000,000 Damage Deductible GENERAL AGGREGATE S 2,000,00 GENLAGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $ 2,000,00 POLICY X PE LOG $ AUTOMOBILE LIABILITY Ea aaBINdeent SINGLE LIMIT $ 1,000,00 A X ANY AUTO X CM012931 12131/11 12/31/12 BODI LY INJURY(Per person) $ ALL OWNED SCHEDULED BODI LY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIREDAUTOS X AUTOS Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 A EXCESS LIAB CLAIMS-MADE CUO'13999 12/31/11 12/31/12 AGGREGATE $ 3,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS X ER A ANY PROPRIETORIPARTNER/EXECUTIVEYIN CM012931 12/31/11 12/31/12 EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED9 NIA (Mandatory In NH) WA STOP GAP E L DISEASE-EA EMPLOYEE$ 1,000,000 f yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE.POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) The certificate holder is Primary&Non-Contributory Additional Insured only to the extent indicated In such policy language or attached endorsements. Waiver of Subrogation and per project aggregate apply CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Recreation THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Kent Parks ACCORDANCE WITH THE POLICY PROVISIONS S Community Services Attn: Nancy Clary AUTHORIZED REPRESENTATIVE 220 4th Ave South Kent,WA 98032 ©1988-2010 ACORD CORPORATION All rights reserved ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD i CM012931 UNIGARD INSURANCE COMPANY COMMERCIAL GENERAL LIABILITY i ADDITIONAL INSURED - OWNERS, LESSEES, CUSTOMERS OR CONTRACTOR'S COMPLETED OPERATIONS - AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN AGREEMENT WITH YOU This endorsement modifies Insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of person or organization Designated project name or number A Section II - Who is an Insured is amended to include as an additional insured any person or organization, Including any person or organization shown in the schedule above, for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement (as set forth in Paragraph B below)that such person or organization be added as an additional insured on your policy Such person or organization is an additional Insured only with respect to liability for "bodily injury", "property damage", or"personal and advertising injury" caused in whole or in part by 1 "Your work" performed for that additional Insured, and; 2 Included in the"products-completed operations hazard" B. Additional Conditions 1. The written contract or written agreement must be: a. Currently in effect or becoming effective during the term of this policy, and b. Executed prior to the"bodily injury", "property damage" or"personal and advertising injury". 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or agreement or in the Declarations of this policy, whichever is less These Limits of Insurance are inclusive of and not in addition to,the Limits of Insurance shown in the Declarations C With respect to the insurance afforded to these additional insureds,the following additional exclusions apply This insurance does not apply to 1. 'Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including but not limited to a. The preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys field orders, change orders, or drawings and specifications, or b. Supervisory, inspection, architectural or engineered activities THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY 155105 0607 Includes copyrighted material of Insurance Services Office, Inc, with its permission Page 1 of 2 • CM012931 UNIGARD INSURANCE COMPANY D. As respects the coverage provided by this endorsement, Paragraph 4.a. Section IV Commercial General Liability is deleted and replaced by. 4 Other Insurance a This insurance is primary except when b below applies If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary Then, we will share with all that other insurance by the method described in c below When required by written contract or agreement with the additional insured, this insurance is primary and we will not share under Paragraph c below with the additional insured Page 2 of 2 155105 0607 Gea.K PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling Director Phone: 253-856-5100 Fax: 253-856-6050 KENT WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: March 5, 2012 TO: Mayor Suzette Cooke FROM: Jeff Watling, Director of Parks, Recreation and Community Services SUBJECT: Waiver of Procurement Requirements - Riverbend Tent REFERENCE: Section 3.70.080 Kent City Code Number 1.1.10 City of Kent Administration Policy FUNDING: City Insurance - Affiliated FM Insurance The Parks Department is asking for a written determination waiving the bidding requirements allowed in the Section 3.70 080 Kent City Code and City of Kent Administration Policy Number 1.1.10 to replace the tent at Riverbend Golf Complex that was destroyed by the snow and ice storm in January. The replacement of the golf complex tent is covered by the city's insurance company Affiliated FM. Affiliated FM approved replacing the tent on a "like for like" basis. The original tent was purchased from and installed by Rainier Industries, Ltd. Affiliated FM approved the bid from Rainier Industries, Ltd. for the purchase and installation of a new tent at the golf complex. We believe it is in the city's best interest to negotiate a purchase directly with Rainier Industries, Ltd. because Affiliated FM has approved the replacement of the golf complex tent with the same tent that was purchased and installed by Rainier Industries, Ltd. The estimated cost of the purchase is $27,938.93 and funded by the approved claim by the city's insurance company Affiliated FM. 1 2z May r S zette Cooke Date REQUEST FOR MAYOR'S SIGNATURE �� KE 0 T Please FIII In All Applicable Boxes N RS MAN.T.N Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Reviewed by Ctv Attorney Director Approved to Ro e On Inator: Pete Peterson Phone (Originator): x5190 Date Sent: 04/13/-1-21i / Date Required: 04/17/12 Return Signed Document to: CONTRACT TERMINATION DATE: 06/01/12 VENDOR NAME: Rainier Industries Ltd. DATE OF COUNCIL APPROVAL: 3/20/12 Brief Explanation of Document: - Contract with Rainier Industries, Ltd. to replace one 60' x 40' Rainier Lite-Span Canopy Tent, including necessary supplies and installation. Please see attached "Waiver of Procurement Requirements" signed by Mayor on 03/06/12. Original tent was damaged in storm and is being replaced "like for like", funding source is City Insurance. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: Vrl=` ~t Approval of Law Dept.: A :^'7 Law Dept. Comments: APR 2 4 2012 'r\ Date Forwarded to Mayor: l Shaded Areas To Be Completed By Administration Staff Received: C' E {� Recommendations and Comments: �.-� � u �� MAY 1 2012 Disposition: co//L/Lt CITY OF h7M1T Date Returned: CITYCLEPK